Agenda - Planning Commission - 06/01/1999

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1 $o Page 8 m May 10, 1999 z.g. Basralian needed a variance. The borough could grant a variance when "spe- cial reasons" existed and when the variance could be granted without substan- tial detriment to the public or the intent of the zoning ordinance. Basralian applied for a variance to operate a funeral home. An expert plan- ner said the property's size, location, and configuration made it well suited for a transitional type of business such as a funeral home. Funeral Home Manage- ment Inc., which operated a funeral home less than a mile away, opposed the application. According to the opponent, the borough didn't need another fu- neral home because there were already four funeral homes within three miles of the borough. The board granted Basralian a variance. It said his proposed use wasn't inherently beneficial to the area but found special reasons, particularly the ir- regular shape and the dual zoning, made the proposed use an ideal buffer be- tween the business and residential zones. The board said the lots weren't suit- able for residential use, even though one was already used for residential pur- poses. It recognized Basralian could build an 8,000-square-foot office building without a variance but said a funeral home would be less intensive and more aesthetically pleasing than an office building. The board also found the pro- posed use would create less traffic than an office building. Funeral Home Management appealed to court., claiming the board's deci- sion to grant Basralian a variance was arbitrary. The court agreed and reversed the board's decision. Basralian appealed. DECISION: Affirmed. Although the board believed Basralian's property was particularly suitable for a funeral home because it would create a buffer, that wasn't enough of a "special reason" to justify a variance. The board never examined whether a funeral home use was available else- where in the area or whether there was a community need for such a use. In- stead, it found the use would act as a buffer and would impose less traffic than an office building. It also found the shape and topography of the property made it unsuitable for residential or office use. Although reducing traffic was a le- gitimate special reason for a variance, the funeral home would wouldn't elimi- nate or reduce existing traffic; it would increase traffic in the area. Although the lot's shape and topography made it somewhat difficult to use for a resi- dence or for offices, it was no more suitable for a funeral home. The board's primary basis for its finding of a special reason was that it believed the funeral home would be a good buffer between the residential and business zones. The borders of any zoning district were always affected by adjoining uses, but the line had to be drawn somewhere. Allowing variances in such areas defeated the purpose of zoning regulations. Citation: Funeral Home Management Inc. v. Basralian, Superior Court of New Jersey, Appellate Div., Nos. A-1579-97T5 & A-1926-97T5 (1999).