Margate Gardens, 9710 Ventnor Ave.
By NANETTE LoBIONDO GALLOWAY
MARGATE A well-known residential housing developer is under scrutiny for allegedly violating his zoning approvals by increasing the number of units the Planning Board approved for a newly built apartment complex at 9710 Ventnor Ave.
Represented by attorney Eric Goldstain, developer Steven Baglivo appeared before the Planning Board Aug. 25, 2022, after revising his original building plan to reduce the number of living units to six, two-bedroom suites, from 14 one-bedroom units. There are 15 spots in the parking lot 12 residential and three commercial.
Variances were granted for a monument sign, height of an architectural parapet, and for parking for the commercial portion of the building. The commercial portion of Margate Gardens had the potential to house five commercial units but is currently occupied by just one tenant. Each residential unit has a front door and a set of patio doors in the master suite that provides access to the deck area located on one side of the building.
The potential violation issue came to light during public comments made at the April 4 Board of Commissioners meeting. However, Mayor Michael Collins said city officials have been aware of area residents' concerns since before Certificates of Occupancy were issued and the city has been working to alleviate their concerns.
Nothing is off the table, he said Monday morning. We want to have a dialogue with the developer.
Collins said the city is aware of the alleged violations with the developer renting 12 units when only six units are approved.
We are taking care of it all. We are not looking the other way, he said.
Baglivo has built residential housing elsewhere in the city and owns several year-round rental properties.
According to neighbor Patrick Geddes, who lives next to the mixed-use complex, each of the six approved units was provided with two parking spaces in the parking lot, with three spaces reserved for a liquor store located on the first floor of the complex. However, Geddes said tenants were told to park elsewhere to ensure the commercial property has availability of off-street parking for the convenience of customers.
Geddes said he knows of one tenant who is renting a one-bedroom unit, and another told him the lease restricts tenants from parking in the lot between 10 a.m. and 10 p.m. to allow ample room for parking for liquor store customers.
Instead of parking in the lot, they park on the street, Geddes said, which causes problems for occupants of other buildings that do not have onsite parking.
Geddes also told commissioners that originally, units were numbered 301, 302, 303 and so on, but now they are labeled 301A, 301B, etc.
According to Zoning Officer Roger McLarnon, the city inspected the six units last fall when they were still unoccupied and found they were equipped with two sets of kitchen appliances.
We made him rip out six ovens and stoves, McLarnon said Monday morning.
According to documentation provided by Geddes, the mayor said the owner's representatives were notified of the alleged violations.
They were also told to lift any restrictions on residential parking if they exist, the mayor told Geddes in an email.
According to the Uniform Construction Code, a residential unit is one that has cooking facilities.
In order to get the CO, they were made to comply and pull that out, Collins said.
Collins said copies of lease agreements on file show that Baglivo is renting the units as yearly rentals and not as short-term rentals.
At this time, the city has no proof that the developer is not in compliance with zoning regulations, and inspections can only be done when a new lease is signed.
We have no proof he's not compliant, McLarnon said. We inspect every rental, but there haven't been any turnovers. We don't have any proof and we just can't accuse someone.
Although Geddes said he suspects foul play on the part of the developer and the city, Collins said residents email him frequently and he shares information with the city's attorney, zoning officer and the Building Department.
They are all aware of it and they are investigating trying to get to the bottom of it, Collins said. A lot of times they could just be alleged violations and rumor leaks. At this point, we are trying to have dialogue with the owner's representative saying if this is true, fix it, and if it's not true, prove it.
Attempts to reach Baglivo and his representative were unsuccessful.
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