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Homeowner's large patio covering case carried to September after board seeks more details
Summary
A Kenilworth homeowner seeking variances for a large covered patio at 415 Lafayette Avenue did not secure a decision; the board carried the application to allow the applicant to provide missing technical materials, measurements and safety reviews (next noted date: Sept. 22).
The Kenilworth Planning Board carried an application by homeowner Miss Diaz for variance relief to allow a covered patio/gazebo larger than the ordinance permits at 415 Lafayette Avenue.
Surveyor Ed Deck and counsel described the structure and presented photographic exhibits showing the patio, proximity of two trees (trunks reported roughly 1 foot from the property line) and a nearby municipal soccer goal. Testimony indicated the structure was built without prior permits and staff trace documents show a complaint filed Oct. 29, 2024 and subsequent zoning interactions through March 2025.
Board members and professionals pressed for additional technical details: exact square footage and verified height of the structure, whether the roof ties into the house, presence of an outdoor cooking appliance and chimney through the roof, and whether mechanical, electrical and fire‑safety systems were code‑compliant. The survey and testimony gave varying figures during discussion — witnesses and some board members described estimates ranging from roughly 535 square feet to around 780 square feet — and the planner's memo noted multiple variance triggers including size, sideyard and rear setbacks.
Given outstanding questions and concerns — including potential unseen variances and the need for a licensed architect or more precise measurements and a fire subcode review — the board voted to carry the matter to its September meeting and directed the applicant and counsel to supply fuller documentation and, if required, renotice the application. The board advised the applicant to compile a complete exhibit set, including certified measurements and code reviews, to allow a conclusive hearing.
Chair Mr. DeMarco asked the applicant and her representatives to prepare the requested materials and noted that the board will determine if renoticing is required depending on the scope of new or clarified variances.
