PUBLIC NOTICE BOROUGH OF SURF CITY PUBLIC NOTICE is hereby given that Ziman Development, Inc. (the "Applicant") has applied to the Land Use Board of the Borough of Surf City (the "Board"), Ocean County, New Jersey for a bulk variance, to the extent required, relative to proposed development at the property designated as Lots 20, 22, 24, and 24.01 in Block 91 on the Tax Map of the Borough of Surf City, located at 258 N. 23rd Street. The subject property was previously developed with a two-family dwelling. It is a bayfront lot, with the only access to the property being by way of an access easement traversing Lots 16 and 18. The easement is 25 feet in width at the point where the easement terminates at the property. However, the existing access easement is L-shaped, and the easement is 20 feet wide at the street. Section 29-8.5(c) of Surf City's Land Subdivision Ordinance states as follows: "Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in subsection 29-6.2e, and except lots fronting on private roadways or easements; provided however, that no such private roadway or easement shall be less than 25 feet in width." Section 29-8.5(c) of Surf City's Land Subdivision Ordinance does not apply to this matter, as the Applicant is merely constructing a single-family dwelling at the property. There is no subdivision proposed, and Section 29-8.5(c) only applies in the context of new subdivisions. It is noteworthy that there is nothing contained within the Surf City Zoning Ordinance requiring a minimum width of easements within the Borough. Pursuant to N.J.S.A. 40:55D-35, which is a section of the New Jersey Municipal Land Use Law, no permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. The Applicant respectfully submits that this section is not applicable to the Applicant's situation based upon the fact that the property is served by an existing access easement. However, to the extent that the Board feels that this section does apply in this instance, N.J.S.A. 40:55D-36 gives the Board the authority to grant a variance to permit the issuance of a building permit when a property does not contain street frontage under certain conditions. While the Applicant does not feel that a variance is required, in an exercise of caution, if the Board finds that N.J.S.A. 40:55D-35 and/or Section 29-8.5(c) of the Land Subdivision Ordinance applies to the Applicant, the Applicant will request a variance from the Board based upon the fact that there is an existing access easement that provides adequate access to the subject property. If the Board determines that any variances, exceptions or waivers are necessary or appropriate at the hearing, then such variances, waivers or exceptions will be requested. A public hearing has been scheduled for December 17, 2025 at 7:00 p.m. at the Borough Hall Council Chambers located at 813 Long Beach Boulevard, Surf City, New Jersey, at which time any interested persons may appear and have an opportunity to be heard on this application. Documents pertaining to this application are available for inspection by the public during normal business hours, 9:00 a.m. to 4:30 p.m., Monday through Friday, in the office of the Clerk of the Board in the Surf City Borough Hall, located at 813 Long Beach Boulevard, Surf City, New Jersey. James S. Raban Attorney for Applicant/Owner File #3730 December 6 2025 LNYS0418249 $66.00