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Harvey Cedars denies variance to keep 6-foot fence around new pool at 8602 Long Beach Boulevard
Summary
The Land Use Board unanimously denied a request to retain a 6-foot privacy fence installed at 8602 Long Beach Boulevard after finding the structure requires a variance and the applicant did not demonstrate a hardship; neighbors testified in favor of the taller fence.
The Harvey Cedars Land Use Board voted on Oct. 16 to deny a variance request that would have allowed a 6-foot fence around a pool at 8602 Long Beach Boulevard.
Attorney and applicant Gary Perkiss told the board that the house had been built consistent with approved plans showing a six-foot fence and that the builder constructed the yard amenities "in accordance with the approved plans and permit." Architect Jackie Gusic said the privacy fence should be considered part of the deck structure because the corner lot is a high-use backyard requiring screening.
Board members and the board attorney concluded the installed structure meets the municipal definition of a fence and therefore requires a variance. Mayor John Imperiale said he was "uncomfortable to grant a variance for something that is already completed" and noted the borough has a fence ordinance limiting pool-fence height; board engineer documentation showed the pool fence had been indicated as 4 feet in the zoning application.
Neighbors Julie Ringel and Peter Gadaleta spoke in favor of a 6-foot fence for privacy, particularly given the pool. The applicant submitted color photographs and deeds as exhibits.
After discussion, the board found the record did not demonstrate the hardship necessary to grant a variance. Mayor Imperiale moved to deny the application; the motion was seconded by Mindy Berman and passed unanimously.
The denial requires the fence to be reduced to the ordinance-compliant height unless the applicants pursue other legal remedies or file a new application demonstrating a hardship to justify an exception.
