BOROUGH OF AVALON PLANNING/ZONING BOARD
Notice of In Person Public Hearing
Applicant: Mikal Bridges
Property: 481 7th Street – Block: 6.06, Lot: 109
PLEASE TAKE NOTICE that the Applicant is seeking relief, as outlined below, from the Borough of Avalon Planning/Zoning Board (the “Board”) pursuant to §19-3.17 of the Code of the Borough of Avalon (the “Code”), the notice of violation number 20240074 (the “Notice”) and determination of the Floodplain Manager Administrator. The Notice advised that pursuant to §19-4.1 of the Code, a floodplain development permit and/or approval was required in order for the owner of the Property to store and use gym equipment in his garage and the Applicant was advised to make application to the Board for approval of the relief outlined herein in order to do so.
The Property is located within the Borough’s “R-1C” District.
Section 19-4.1 of the Code provides, in pertinent part, that any owner intending to undertake “development” within a flood hazard area must first apply to the Floodplain Administrator and obtain any permits or approvals deemed necessary. Section 19-9.2 of the Code defines “development” as:
“Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, and other land-disturbing activities.”
The Code further authorizes the granting of variances from its floodplain requirements and such a variance is requested by the Applicant in order for the Applicant to store and use gym equipment in his garage.
Section 19-9.2 defines a variance as: “A grant of relief from the requirements of these regulations which permits construction in a manner otherwise prohibited by these regulations where specific enforcement would result in unnecessary hardship.”
A variance is appropriate and should be granted for the Applicant’s proposed storage and use of gym equipment within the garage because the strict application of the Code would impose an unnecessary hardship upon the Applicant. The garage is used solely for the Applicant’s personal purposes, and the Applicant is prepared to provide additional testimony and supporting information at the appeal hearing demonstrating the personal nature and limited scope of this use. The Applicant is aware that any storage of equipment in the gym is at his own risk.
Moreover, the gym equipment does not constitute the type of “materials” contemplated by Section 19-9.2 of the Code. The presence of the equipment does not increase the intensity or extent of development on the Property, which is the type of activity the floodplain regulations are intended to regulate and mitigate. The equipment is stored entirely within an existing, fully enclosed garage and does not increase the building footprint, impervious coverage, or any other physical aspect of the Property. Nor does it involve any construction, site disturbance, grading, filling, or structural modification.
Further support for this position is found in the New Jersey Municipal Land Use Law (“MLUL”), which defines “development” at N.J.S.A. 40:55D-4 as:
“The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this act.”
This statutory definition likewise supports the conclusion that the storage of personal gym equipment within the Owner’s existing garage does not constitute prohibited development and does not require a permit under Section 19-4.1 of the Code. No construction is proposed, no structure is being altered or expanded, and no change is being made to the Property that would implicate the concerns underlying the flood hazard regulations.
Accordingly, the Applicant respectfully requests approval of the requested variance and any other relief deemed necessary to permit the continued storage and personal use of gym equipment within the garage.
The Applicant also requests the approval of any and all other relief that may be deemed necessary in connection with the Application, including but not limited to, the approval of variances, waivers and exceptions from other sections of the Borough Ordinances as and if deemed necessary.
Any person affected by this application may be given an opportunity to be heard personally or via counsel at an in-person meeting held at 6:00 p.m. in the Borough of Avalon Municipal Building, 3100 Dune Drive, Avalon, NJ 08202 on August 11, 2026.
A copy of the said application and accompanying documents will be on file with the Secretary of the Avalon Planning/Zoning Board and may be inspected, during normal business hours, in the Avalon Planning/Zoning Office, Dept. Public Works Building, 1401 Dune Drive, Avalon, New Jersey, by all interested parties at least ten (10) days prior to the said hearing.
The public hearing may be continued without further notice on such additional or other days as the Board may determine.
This notice is sent pursuant to the requirements of the Municipal Land Use Law.
Prepared by: Kara A. Kaczynski, Esq.
McNally, Yaros, Kaczynski & Lime, LLC
275 East Main Street
Somerville NJ 08876
Tele: 908-800-7010
Attorney for Applicant
