By DONALD WITTKOWSKI
A commercial building located in the heart of Sea Isle City’s oceanfront Promenade is up for sale for $4.75 million following questions whether its proposed redevelopment into a mixed-use project would be allowed under local zoning laws.
The owner of the building at 9 42nd Street has applied to Sea Isle’s Zoning Board for permission to transform the site from strictly commercial use into a mixed-use development that would include three residential units and two retail spots.
The project was originally listed on the agenda of the Zoning Board’s Aug. 8 meeting, but has been delayed indefinitely amid confusion over whether the owner, an outfit called 9 42nd Street LLC, wants to go forward with the plans for a mixed-use development.
“Everything is in limbo until I get something definitive in terms of what they want to do,” Zoning Board Secretary Genell Ferrelli said Wednesday.
Ferrelli said representatives of 9 42nd Street LLC recently asked to have the project withdrawn, but then followed up by asking for their application to be placed on the agenda for the Zoning Board’s Nov. 8 meeting.
Andrew Previti, the Zoning Board’s engineer, won’t be available for the November meeting, so there is a possibility the project may be heard by the Zoning Board on Dec. 4, Ferrelli said.
Lyndsy Newcomb, the attorney for 9 42nd Street LLC, did not return a message Wednesday seeking comment.
In the meantime, the building is now listed for sale for $4.75 million. It is being pitched as the “ideal location for oceanfront development, including retail, restaurant, townhouses (or) apartments.”
Altogether, the building includes five units. But only two units are currently occupied by a Mexican restaurant called Adelita. The other units appear vacant.
Plans call for converting the three vacant units into residential space. A more upscale facade would be added to the building to dress up its appearance as part of its proposed development into a mixed-use project, according to zoning documents filed by the owner.
There is also a miniature golf course on the roof of the building. A memo by Previti to the Zoning Board says that the mini golf course would remain if the owner is given approval to convert the building into a mixed-use development.
Assuming that the owner moves forward with the plans, the Zoning Board would consider whether a mixed-use project at this location overlooking the Promenade would be allowed under Sea Isle’s zoning laws.
Previti said in his memo to the board that he believes the project does not meet the zoning requirements. It is his opinion that a “use” variance would have to be approved by the board to allow the owner to build the mixed-use development.
Under the city’s zoning laws, the commercial space for mixed-use projects must occupy the first floor and be “at grade,” or ground level. Previti’s memo said that the commercial portion of the proposed project at 42nd Street would be below grade on the Promenade.
However, the zoning application filed by 9 42nd Street LLC says that the building is raised approximately 10 steps above the Promenade, with commercial parking spaces underneath.
The owner contends that the commercial parking area is actually the first level and is “at grade.” The proposed residential units for the project would occupy the second level of the building and would comply with the city’s zoning laws, according to the owner’s Zoning Board application.
“Accordingly, it is the Applicant’s position that a use variance is not required,” the documents say.
The dispute over whether the mixed-use development would be at grade level is expected to be a focal point of the Zoning Board’s December meeting, if the project is added to the agenda then.
Mixed-use construction has become popular in Sea Isle ever since the city changed its zoning laws in 2008 to encourage projects that combine commercial and residential space.
The idea behind the zoning change was to encourage businesses to stay put in town, rather than seeing them disappear to make room for even more housing. The mixed-use projects include commercial establishments such as bars, restaurants and retail shops operating on the street level, while the top floors feature condos or apartments.
