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Laborim v. Mehnert

Superior Court of New Jersey, Appellate Division

July 19, 2013

VIRIATO D. LABORIM and BARBARA LABORIM, FRANK TIDONA, JOAN TIDONA, LEE A. JEWELL, PATRICIA M. JEWELL, DAVID LAPOVSKY, LUCIE LAPOVSKY, DR. FRANK M. MELE, JUNE MELE, DR. NEIL RUSSO, JAY M. RUDOWSKY, PATRICIA RUDOWSKY, THOMAS PIKOWSKI, DENISE PIKOWSKI, MICHAEL GUANCIONE & JOYCE GUANCIONE, Plaintiffs-Appellants,
v.
FRANCES MEHNERT and BRADLEY BEACH BOARD OF ADJUSTMENT, Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 30, 2013

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-5041-10.

Martin J. Arbus argued the cause for appellants (Arbus, Maybruch & Goode, LLC, attorneys; Mr. Arbus and Matthew R. Goode, on the briefs).

Michael J. Wenning argued the cause for respondent Frances Mehnert (Keith, Winters & Wenning, attorneys; Mr. Wenning, on the brief).

Richard B. Stone argued the cause for respondent Bradley Beach Board of Adjustment (Stone Mandia, attorneys; Mr. Stone and Jason M. Ross, on the brief).

Before Judges Alvarez, Waugh, and St. John.

PER CURIAM

Plaintiffs appeal the Law Division's dismissal of their action in lieu of prerogative writs against defendants Frances Mehnert and the Bradley Beach Board of Adjustment. We affirm.

I.

We discern the following facts and procedural history from the record on appeal.

Mehnert owns a lot with a two-family residence on the corner of Ocean Avenue and Cliff Avenue. The property is in the Residential Beachfront Zone, which allows single- and two-family houses, garden apartments, and townhouses. The lot is irregularly shaped and undersized.

In January 2010, Mehnert sought permission from the Board to demolish the existing two-family residence and construct a single-family house. She also sought the bulk variances necessary to build the new house.

The Board considered Mehnert's variances on February 18, March 18, April 22, and June 2, 2010. She revised her plan several times to address the concerns expressed by the public and the Board at the hearings. On July 15, the Board approved the application by a vote of five to two.

The Board passed a resolution memorializing the grant of the variances on August 19. Variances were granted as followed:

Minimum Front Yard-Cliff Avenue: 25 feet required; 2.25 feet provided;
Minimum Rear Yard: 19.4 feet required; 6.6 feet provided;
Maximum Building Coverage: 35% permitted; 46.1[%] existing ...

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