Planning Board Recommends Bigger Lot Coverage for Cape May Avenue

CAPE MAY — The city’s Planning Board is recommending to City Council that maximum lot coverage for homes on Cape May Avenue be increased from 30 to 40 percent.
Cape May Avenue is a very wide street divided by an island of green, open space owned by the city.
At a Tue., March 13 meeting, Attorney Louis Dwyer, representing a group of Cape May Avenue homeowners, appeared before the board. Cape May Avenue is zoned R-1.
Dwyer asked the board grant Cape May Avenue as an “overlay” if it did not wish to increase lot coverage for the entire R-1 zone. Of the city’s eight residential zone, the R-1 zone has the lowest allowable lot coverage at 30 percent, he said.
On the minimum size lot in the R-1 zone, 9,375 square feet, a total of 6,662 square feet of non-covered space is required, said Dwyer. He said that was almost twice as much open space as other zones.
Dwyer said he was asking for the same percentage of lot coverage as the R-2 zone.
“Right now in the R-2 zone you can cover more of a 7,500 square foot lot than you can a 9,375 square foot lot,” he said.
Board Engineer Craig Hurless said open space required for the R-1 zone was considerably larger than other zones in the city.
He said an R1A zone was created, a derivative of the original R-1 district, allowing 75 percent maximum lot coverage on a 9,375 square foot lot. Hurless said it was created as an overlay district for the area of the former Christian Admiral Hotel, off Beach Avenue.
During public comment, Cape May Avenue resident Evelyn Lovitz said rather than change a “whole procedure or law,” individual homeowners could seek a variance to build a larger house.
Cape May Avenue resident Ron Tupper said the zoning change would bring the street in line with the rest of the city’s zoning.
Virginia Avenue resident Charles Prentice asked the board not due an injustice to those who do not live on Cape May Avenue and have the same size lots. He said if the change were made, he would still be restricted to 30 percent lot coverage.
Dwyer said the cost of obtaining a variance is prohibitive. Fees, escrows and certified mail to adjacent homeowners could total $5,000 for a variance for lot coverage.
He said the cost inhibited homeowners from making improvements to their property in that zone due to the uncertainty of receiving a variance.
Board member Harley Schuler suggested maximum lot coverage should be changed in the R-1 zone on streets such as Ohio and Virginia avenues.
Board Chairman Bill Bezaire said the R-1 zone also covered property in Poverty Beach, New York, New Jersey, Brooklyn and Wilmington avenues.
Board member Bill Murray, who is also a city councilman, said if all lots in the R-1 zone are 9,375 square feet or thereabouts, he did not understand why the entire zone should not be increased from 30 percent to 40 percent lot coverage.
Mayor Edward J. Mahaney Jr., a planning board member, said he agreed with Murray but he was not sure all the neighborhoods in the R-1 zone could stand 40 percent lot coverage.
He said he did not want to take three R-1 zones at the March 13 meeting and “automatically go to council and say they should all be 40 percent.” Mahaney said the city spent the last four years redoing the city’s master plan, COAH plan, flood management plan and plan endorsement.
The city spent tremendous amount of time, effort and money coming up with a zoning plan “that works,” he said.
“If you’re going to change it, I think you have to give it the due diligence that it’s received all along,” said Mahaney.
Bezaire said creating an overlay zone for Cape May Avenue may require another overlay for the 1000 block of Virginia Avenue.
“You’re not taking a whole town approach,” he said.
Bezaire said the arguments made for Cape May Avenue such as the islands in the middle of the street also applied to the harbor district and Poverty Beach.
Mahaney said he would encourage the board to ask Hurless to revisit all the R-1 zone areas and get documentation for discussion from the board and forwarded to City Council as soon as possible.