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Alker v. Collins

Decided: March 9, 1949.

HARRY J. ALKER, JR., ALLEN B. ENDICOTT, JR. AND ST. LEONARD'S ASSOCIATION, A CORPORATION, PLAINTIFFS-APPELLANTS,
v.
EDWIN S. COLLINS, BUILDING INSPECTOR OF VENTNOR CITY, THE BOARD OF ADJUSTMENT OF VENTNOR CITY, ABRAHAM SOLTZ AND SONA SOLTZ, DEFENDANTS-RESPONDENTS



On appeal.

McGeehan, Donges and Colie. The opinion of the court was delivered by Colie, J.A.D.

Colie

Plaintiffs were allowed a writ of certiorari prior to September 15, 1948 to review a decision of the Board of Adjustment denying an appeal from the action of the Building Inspector of Ventnor City who had previously granted an application of Abraham and Sona Soltz for a permit to make alterations to their property at 101 South Oxford Avenue, Ventnor.

Ventnor City has a zoning ordinance, which, so far as pertinent to the present case, provides in Section 10:

"(a) In a residence district a front yard is required on every lot and each story or part of a building, exclusive of cornices or a one-story open or glass-enclosed porch, shall be set back from the line of

the street on which the building fronts by at least a minimum distance as follows:

"1. Fifteen (15) feet in an R-1 or R-2 District.

"2. Twelve (12) feet in an R-3 or R-4 District.

"3. Six (6) feet in an R-5 District.

Except that if there are two or more then existing buildings within the same block front, no building or structure shall extend nearer any street line than the average alignment of such then existing buildings, but in no case need set back more than twenty (20) feet.

"These provisions shall not require any building or structure to set back farther from any street line than the setback of that one of two then existing buildings on immediately adjacent lots and within the same district which is farthest from such street line.

"(b) On a corner lot in any residence district, each story or part of a building, exclusive of cornices or a one-story open or glass-enclosed porch, shall set back from the side street line the same distance as required from the front street line; except that if the lot is less than fifty (50) feet in width or eighty (80) ...


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