Nutley Board of Adjustment grants variances for gazebo, addition and related lot-coverage relief

The Nutley Board of Adjustment on June 15 approved multiple variances for residential properties, including relief from lot-coverage limits to accommodate a roofed accessory structure and approval for an addition to a pre‑existing dwelling in a B1 zone.

Board members heard that a recent survey showed the property at 371 Walnut Street would have approximately 40% lot coverage, where the zoning limit is 35%, after adding an attached gazebo to an existing deck. Staff and the code office confirmed that the principal compliance concern was lot coverage (which counts roofed structures) rather than impervious coverage (pavers), and that a new survey showed the shed met rear-yard setback requirements. The board granted variance relief for the lot-coverage exceedance and the gazebo/deck setback issue, and directed staff to memorialize the decision in a resolution.

Separately, the board considered an application from a homeowner in a B1 zone proposing a one‑story addition and roofed deck on a pre‑existing single‑family dwelling. Staff explained the board must determine whether the proposal advances the zoning code’s stated purposes (public health, safety, and appropriate land use) and whether negative impacts on neighboring properties would be minimal. The applicant (identified in the record as Cendra) described design choices intended to match the existing house and to provide usable outdoor space. The board voted to grant the requested relief for the addition, subject to standard memorialization and permitting steps.

The board’s approvals were conditioned on procedural memorialization: written resolutions will be prepared, the applicant may obtain the memorialized resolution from the code office (noted availability July 21), and building‑department requirements (e.g., footings, inspections, any additional building‑code elements) must be satisfied before final permits issue.

Why it matters: the approvals allow homeowners to keep proposed roofed outdoor structures and make additions in a way the board found consistent with local zoning purposes while preserving opportunity for staff and neighboring parties to review conditions in the written resolutions. The decisions also clarified a recurring technical distinction in local enforcement between lot coverage (roofs/structures) and impervious coverage (pavers).

Next steps: the board directed staff to prepare resolutions memorializing each approval and noted applicants should coordinate with the building department on required permits and inspections before commencing work.