Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Opposing actions taken
Purpose: Response to an appeal of a decision of the Board of Adjustment regarding 94-106 Polk Street, Newark, New Jersey 07105.
Additional Information:
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WHEREAS, appeals have been filed by three (3) neighborhood residents to the Municipal Council of the City of Newark from a decision by the Board of Adjustment issued on November 12, 2015, which granted a Use ("D") Variance and "D" Variance for exceeding permitted density and "C" Variances for building type, exceeding permitted building height, insufficient rear yard setback, exceeding maximum lot coverage, insufficient building transparency and insufficient parking, in connection with the proposed construction of a five-story building, consisting of four-stories of residential totaling forty-eight (48) dwelling units, which are proposed market rate units, over one-story parking at 94-106 Polk Street, Newark, NJ 07105; and
WHEREAS, pursuant to N.J.S.A. 40:55D-17 this is an appeal do novo on the record established at the Board of Adjustment, and transcripts of the hearing before the Board of Adjustment, which took place on October 22, 2015 and have been distributed to Municipal Council Members for their review and consideration; and
WHEREAS, the subject property is located in an R 4 Zone and is approximately 15,000 square feet in area and presently contains a non-residential vacant industrial building, portions of which are one and two-story and a contractor's parking yard/storage yard; and
WHEREAS, a review of the transcripts of the Board of Adjustment hearing clearly reveals that Appellants and fellow objectors (there were thirteen (13) objectors present at the hearing) voiced their objections mainly on the issue of density and parking/traffic...
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