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Zoning board reaffirms 2023 garage variance for Passaic Avenue property
Summary
The board reapproved a previously granted variance for a private garage at 822 Passaic Avenue after the applicant missed the one-year window to start construction; vote was unanimous 7-0.
The Clifton Zoning Board of Adjustment unanimously reapproved a variance for Mark Lasky’s proposed private garage at 822 Passaic Avenue on Feb. 19 after the original approval lapsed. Commissioner Fucas moved to reapprove the earlier grant and Commissioner O'Connor seconded; the roll call vote was 7-0 in favor.
Attorney Charles Reboly told the board the prior approval was granted roughly two years earlier but the applicant “was not able to begin construction within the 1 year period for variances” and now seeks to proceed. Reboly said the application and related engineering, planning and police/fire reviews were resubmitted and there were no substantive changes to the plan.
Board counsel and staff noted the earlier approval had a one-year condition tied to the type of variance (the transcript indicates a d-1 use variance triggered a one-year period). Reboly said the parties intend to memorialize a license agreement with an adjacent neighbor, Mr. Cabrera, regarding a sidewalk encroachment so the neighbor will not be required to remove sidewalk material to accommodate the new garage.
Chairman Zucchino said the board had previously found both the positive and negative criteria were met when it granted relief two years earlier. With no changes in the intervening period, the board concluded reapproval was appropriate.
The board’s unanimous reapproval allows the applicant to proceed with permit applications. The board recorded the outcome as 7-0 and noted any applicable municipal fees and compliance with Clifton code requirements before a zoning permit will be issued.
