HASBROUCK HEIGHTS, NJ - At the June 26 Borough of Hasbrouck Heights Council meeting, MacArthur Avenue resident Dorean Rutt expressed a complaint to the Council concerning the clearing of trees and the subsequent paving of a chunk of land behind her and her neighbors houses.

The complaint was that the land was being used as a parking lot for commercial vehicles, by the owner of the property. 599 Boulevard LLC.  The property, is a 50 foot by 750 foot tract of land that runs between MacArthur Avenue and the apartment complex on West Pleasantview Avenue in Hackensack.  The property is on the boundary of the two towns, and is split, lengthwise, between the two.

During the meeting, Councilman Ron Kistner asked that the borough send over a zoning inspector and produce a written report to determine what the property was being used for, and whether or not it was in compliance with borough zoning laws.

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The report is in, and the town has found that property is in violation of Hasbrouck Heights zoning laws, at least in regards to the portion that is in Hasbrouck Heights.

Hasbrouck Heights' zoning inspectors' report noted the following:

1, The property is located in an area zoned for one and two-family residential homes, and can be used solely for that purpose.  One of the permitted uses is off-street parking, but the parking is limited solely to residents of the property and their guests.  It was the inpsector’s observation that the parking is being provided for other vehicles. Parking lots are not permitted in this zone.  Further, the type of vehicles is strictly prohibited under Zoning Chapter 275-7.

2. The Zoning Chapter  (275-23) requires that at least four parking places be provided in
connection with a two family and that two of them be enclosed. Carports are prohibited. It appears that there are no enclosed parking places. When the Planning Board approved the construction and use of this property as a two-family residence, no variance was ever granted relieving the owner from this requirement.

3. The Zoning Chapter (275-25) states  that no driveway in this zone may be installed within one foot of the sideline of the property. The existing driveway is paved up to boundary of  Lot 30 in Block 77.04 (MacArthur Ave) on the south and appears to be merged with the driveway on that property.

When these two separate lots were created by a subdivision granted by the Planning
Board on May 5, 1981, no variance was granted of this requirement. Neither was any joint driveway agreement disclosed or approved. Therefore, these driveways must be separated by at least one foot on the side of the subject lot. Until then this driveway is in violation of the said section of the code.

4. The Zoning Chapter (275-25a) states that no driveway in this zone can extend beyond the rear line of the dwelling .  It is also cannot exceed a width of 40% of the lot, with a maximum of 30 feet. . The pavement beyond the rear line of this dwelling is clearly in violation of
both of these limits.

5. Zoning Chapter (275-24) prohibits the parking of certain trucks, trailers and commercial vehicles in any residential except under certain limited circumstances. Except under certain very specific conditions, only private motor vehicles may be parked on the premises.  As stated above, must belong to residents of the two family dwelling and their guests.

The owners of 599 Boulevard have 30 days to appeal this finding to the Board of Adjustment of Hasbrouck Heights.


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