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Board rules driveway at 303 Sharp Avenue exempt from 15% slope rule
Summary
The Land Use Board found the property at 303 Sharp Avenue was built before 1975 and therefore exempt from the ordinance's 15% driveway-grade limit; the board approved that determination and concluded no variance was required.
The Hopatcong Land Use Board determined that a driveway at 303 Sharp Avenue is exempt from the municipal 15% slope restriction because the house predates the ordinance's cutoff date.
Counsel for the applicant presented survey documentation and public-record evidence indicating the house was built in 1930, and cited ordinance 242-23, which exempts single-family residences for which building permits were issued prior to June 30, 1975. Board members reviewed topography and disturbance thresholds and concluded that the small sections slightly exceeding 15% did not trigger a permitting requirement given the exemption and the minimal disturbance. The board approved a motion that no variance relief was required.
Why it matters: The ruling allows the homeowner to keep the installed driveway without pursuing a hardship variance and avoids retroactive enforcement in a case where historic construction predated the current standard.
Next steps: No variance is required; staff will file the approvals and the applicant may proceed.
