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Board denies request to reduce street-side setback on 9th Lane
Summary
A reapplication seeking to reduce a street-side setback from 12 feet to 9 feet for an oceanfront lot on 9th Lane was denied; the board cited precedent concerns, similar prior denials and lack of a new hardship despite arguments about alley conditions and garage functionality.
The Planning & Zoning Board denied a variance request on Dec. 16 to reduce the street-side setback from 12 feet to 9 feet for an oceanfront lot accessed from 9th Lane.
Architect Michael Soffer and owner George Renna presented the reapplication, saying the shallow 46.5-foot-wide lot and coastal construction line restrictions limit building placement and argued the requested three-foot reduction is necessary for garage function and to create a practical building envelope. Soffer told the board the lotfs usable depth is constrained by DEP coastal construction line limits and that other nearby lots have comparable envelopes.
Several board members said the reapplication mirrored a previously denied request and raised concerns about setting precedent for narrow lots. One board member said the alley context differs from a regular driveway and might justify accommodation; others replied that no new hardship had been demonstrated to distinguish this application from the prior denial. The chair emphasized that changes to the development code would need to come from the commission and not from ad hoc variance approvals.
After discussion the board voted to deny the variance. Staff advised the applicant that the commission or a formal code amendment process would be the appropriate path for broader regulatory change.
