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
