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Thursday, June 21, 2012

ENZIO COLUMBRO, ET AL. VS. LEBANON TOWNSHIP ZONING BOARD OF ADJUSTMENT, ET AL. A-4558-10T3


ENZIO COLUMBRO, ET AL. VS. LEBANON TOWNSHIP ZONING
BOARD OF ADJUSTMENT, ET AL.
 A-4558-10T3

In this prerogative writs case, we consider whether a
welding business operated from a large residential garage
constituted a "home occupation."  In affirming the trial judge's
order dismissing the action, we conclude that the zoning board
acted reasonably by granting a "conditional use" variance
pursuant to N.J.S.A. 40:55D-70d(3).  Substantially for the
reasons articulated in Judge Peter A. Buchsbaum's written 
decision, we conclude that the garage use was properly
classified as a "home occupation" because the use was both
"accessory" and "incidental" to the owner's primary residential
use.  We distinguish Adams v. Delmonte, 309 N.J. Super. 572
(App. Div. 1998), which held that a septic tank cleaning
business operated from the defqualifying "home occupation." 03-23-12