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Asbury Park zoning board denies effort to legalize second-floor deck at 614 Fifth Avenue
Summary
The Asbury Park Zoning Board of Adjustment voted 4-3 on March 11, 2025, to deny a D2 variance request from owner Chris Viola to formalize a second-floor deck added to a legal three‑family house at 614 Fifth Avenue; board members cited intensification of use and proximity to a neighbor.
The Asbury Park Zoning Board of Adjustment on March 11, 2025, denied a D2 variance application by property owner Chris Viola that would have legalized a second‑floor deck at 614 Fifth Avenue.
Viola said he purchased the building in February 2015 and that a building permit issued in February 2016 allowed conversion of a front porch roof to a flat roof and was inspected and closed out with a certificate of occupancy; the permit, he and board staff said, explicitly stated “no Second Floor deck.” Viola testified the railings now on the roof were added during the COVID period and that the upper space is used as private outdoor space by the occupants of the second/third‑floor unit. “We own that property,” Viola said when asked to state his affiliation with the application.
Kathryn Gregory, a licensed professional planner who described…
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