September 3, 2019, updated October 7, 2020
Levine Staller partner Ben Zeltner recently obtained City of Margate, NJ Planning Board approvals for a new restaurant, office and marina located on Amherst Avenue. Mr. Zeltner obtained variances for the project including front and side yard setbacks, signage style and size, as well as a variance for the number of parking spaces. The planning board also agreed to waive a traffic impact study.
After the Planning Board granted the variances, Mr. Zeltner successfully defended those approvals and amendments to the Margate City Zoning Ordinance in an appeal before Superior Court, Law Division Assignment Judge Julio L. Mendez. Judge Mendez concluded that the variances were supported by the project and the City Zoning Ordinances were upheld. Thereafter, Mr. Zeltner prevailed in a Superior Court, Appellate Division action challenging that decision. The Appellate Court decision found no cause to disturb Mendez’s findings, which were well supported by the record.
More details can be found in a Press of Atlantic City article titled Atlantic County judge quashes lawsuit between facing Margate businesses and in a recent Downbeach.com article entitled Margate Developer Prevails in Appellate Court Decision
For assistance with land use matters, please contact contact Ben Zeltner at 609-348-1300 or [email protected].