The old expression attributed to former naval officer Grace Murray Hopper goes, “It is better to beg forgiveness, than ask permission.”
This quote seems to apply in the case of the Lankford Hotel redevelopment project’s new deck that was constructed without a building permit and contrary to the approved site plan’s initial design. Along with the basic issue of not having the suitable building permit, the new deck – which was to feature outdoor dining and a bar – was to be flat with the Boardwalk like most other properties. The elevated deck, which appeared nearly complete last weekend, had been under construction for weeks until a stop work order was issued in May.
At last week’s Board of Zoning Appeals (BZA) meeting, a variance request by the property owner to reduce the 20-foot front yard setback for decks and porches to zero feet at the Boardwalk was denied by an unanimous vote. It was argued the elevated deck was better for dining while also addressing a safety concern associated with a slope. The issue for BZA was why the property owner would build something counter to the approved site plan. The property owner admitted fault, citing the architect hired for the job did not think it would be a big deal.
It was a significant issue for the BZA, which ultimately ruled in 3-0 vote to deny the variance. Board members did not feel the property met the two-part test for a variance – it must show the zoning code harshly impacts the property because of its uniqueness compared to others surrounding it and practical difficulty must be demonstrated. BZA members did not feel either was met, but for a variance to be granted both pieces of the two-part test must be met.
It was the right decision and ultimately a no brainer for the board. Allowing a business to blatantly ignore an approved site plan without a proper building permit would have set a disturbing precedent.
