LEGAL NOTICE
IN THE MATTER OF
JOHN PHILLIPS
610 HIGHWAY #71
BLOCK 72 LOT 15
SPRING LAKE HEIGHTS, NJ
PLEASE TAKE NOTICE that the Applicant(s), John Phillips, has applied to the
Borough of Spring Lake Heights Land Use Board for approval to expand the rear
of the front western dwelling and to convert the existing one-story, masonry
commercial structure on the eastern part of the property into a 1.5-story single-family residential dwelling with a walk-up attic. As there are two (2) principal
buildings on the premises, this is a pre-existing non-conforming use. A D(1) use
variance is necessary for two (2) principal dwellings on one lot which is created
by the change of use of the rear, eastern, commercial building into a residential
dwelling with a walk-up attic.
The property is located in the R-5 Zone. Single family dwellings are a permitted
use in the R-5 Zone; however, the proposed development would result in two
dwelling units on one lot, which is not a permitted use and therefore requires use
variance relief. The following variances are required:
1. The Residential Zone permits single-family detached dwellings as a
principal use. The applicant proposes two principal dwelling units
on a single lot, which is not a permitted use in the R-5 Zone and
requires a D(1) variance.
2. The maximum permitted residential density in the R-5 Zone is 5.8
dwelling units per acre. The applicant proposes two dwelling
units, resulting in a residential density of 10.9 dwelling units per
acre, which exceeds the density permitted by the ordinance. A d(5)
variance is requested.
3. The minimum required front yard setback is 30 feet. The existing
front building setback along Essex Avenue is 12.3 feet, which
represents a pre-existing non-conformity. The applicant proposes a
variance for a front yard setback of 12.3 feet.
4. The required porch front yard setback for the front building on
Essex Avenue is 22 feet whereas 21.9 feet is existing and 19.57 feet
is proposed.
5. The required front yard setback on Essex Avenue for the rear
building is 30 feet whereas 18.1 feet are existing and 13.89 feet are
proposed.
6. The required porch front yard setback on the rear building is 22
feet, whereas none are existing and 14.51 feet are proposed.
7. The required side yard setback for the FRONT WESTERN building
is 10 feet whereas 6.1 feet exists and 5.66 feet is proposed at the
two-story addition.
8. The required side yard setback for the REAR EASTERN building is
10 feet whereas 4.5 feet exists and 4.5 is to remain and 5.00 feet is
proposed at the addition.
9. The principal building coverage is 25% maximum allowed,
whereas 25.9% exists and 29.97% is proposed.
10. Curb cuts and driveway aprons in residential zones are limited to
one driveway entrance per lot frontage. The applicant proposes a
u-shaped driveway configuration requiring two curbs along the
same frontage. A waiver is requested.
11. Mechanical equipment located in a side yard is permitted only
where the side yard setback is not less than ten (10) feet and where
the equipment maintains a minimum 5-foot clearance from the
nearest property line. The existing mechanical equipment servicing
the front western dwelling is located within a side yard that is less
than ten (10) feet in width and is located less than five (5) feet from
the property line. This represents an existing non-conformity for
the existing unit and a variance is requested for the second
proposed unit.
12. The applicant is required to construct sidewalk along all property
frontages. Sidewalk exists and is to remain/be replaced along
Route 71. A waiver is requested from providing sidewalk along
Essex Avenue
13. Mechanical equipment located in a side yard shall be screened on
the 3 non-adjacent sides with a vinyl lattice fence at the height of
the top of the equipment, along with greenery on the sides facing
the front and side yards. A variance is requested.
The applicant will also ask for any other variances whether bulk or use and/or
waivers found during Borough Engineer review prior to hearing date or as
deemed necessary by the Board at time of hearing.
The premises affected are known as Block 72 Lot 15 on the Spring Lake Heights
Tax Map, and is located at 610 Highway #71, Spring Lake Heights, New Jersey.
The hearing shall take place on June 17th, 2026, at 7:00 p.m. or as soon thereafter
as it can be heard at the Municipal Building, 555 Brighton Avenue, Spring Lake
Heights, N.J.
A copy of the application and plans have been filed in the Office of the Board
Secretary and may be inspected by the public between regular business hours in
the office of the Secretary of the Board in the Municipal Building, 555 Brighton
Avenue, Spring Lake Heights, New Jersey.
PANDOLFE, SHAW & RUBINO, LLC
ATTORNEYS FOR APPLICANTS
Dated: June 1, 2026 By ______________________________
MICHAEL R. RUBINO, JR.
June 6 2026
LNYS0534028
$91.96