Liang's Imperial East
By NANETTE LoBIONDO GALLOWAY
MARGATE SAJ Associates, LLC was turned down for a second time May 25 for its application to turn the one-story Liang's Imperial East Chinese restaurant, formerly Billy Ho's place, into a three-story mixed use property with four residential units above three commercial spaces.
Although no variances were requested on the applicant's second go-around for the mixed-use site, the board voted 7-1 to deny preliminary and final site plan approvals.
The Planning Board Feb. 23 voted 6-1 to deny variances requested to exceed building height requirements and provide fewer on-site parking spaces than required. Only four parking spaces were proposed while 14 are required.
This time around, the applicant submitted a new by-right application, which requested no variances, provided a smaller footprint, conformed to building height requirements and provided all of the required parking spaces. Yet the board felt the addition of four residential units totaling 8,400 square feet and containing 16 bedrooms compared to just 1,800 square feet for ground level commercial space exceeded the intent of the city's Master Plan.
Attorney Chris Baylinson presented the application stating there is no ratio of commercial to residential outlined in city ordinances. He presented for the record the results of other commercial variances granted by the board over the last 10 years, including some commercial properties that were approved with no parking at all.
At the start of the hearing, the residential units would have each contained four bedrooms, but the applicant agreed to reduce the number of bedrooms to three, although the units would still be 2,100 square feet each.
The applicant's architect said the building would have large glass windows along Ventnor and Douglas avenues, would eliminate a curb cut and driveway on Ventnor Avenue, and provide two pedestrian entrances one on Douglas Avenue and another in the rear of the building for residential access.
Parking in the rear would include 17 spaces along the rear property line for residents and along the building for customers, including one for handicapped access. The parking lot would have ingress and egress from Douglas Avenue and an adequately sized driving lane.
Board Chairman Richard Patterson suggested the applicant reduce the number of residential units to two.
It's basically a residential project in a commercial zone, he said.
Board member Steve Jasiecki said the city is in danger of losing its retail spaces because the demand for residential property is so high.
It's not the intent of the Master Plan to have residential to this extent, he said.
Judy Joarder, who is a principal of the proposed project, said she wants to do right by the city.
I don't understand why there is so much animosity, she said.
Board member Mike Richmond said denying approvals would place the city in legal jeopardy.
It conforms with the ordinance, and we cannot spot zone, he said.
During public comments, resident Donna Polini said the project morphed from totally commercial to nearly all residential.
That's a very tight corner and it should go back to what it was, she said. We cannot continue to make mistakes like this.
Another woman who is a real estate professional said the applicant played by the rules and should be approved.
When it came time to vote, seven members agreed the ratio of residential to commercial was out of sync with the goal of the Master Plan to maintain commercial sites, while Richmond said failing to approve the application would be improper.
Let's not start making rules up on a whim, he said.
Copyright Mediawize, LLC 2023
