Market Street Mission Homeless Shelter Fact Sheet Background:
About a year ago, the Market Street Mission made application to the City to conduct an operation at 701 Memorial Drive within the City of Asbury Park to include: 40 beds for overnight sleeping on a daily basis, a soup kitchen, the repository for used cars the servicing and sale of them, and a house of worship. Since the Mission knew that these uses were not permitted in the zone in which the property was located, they sought out a "use variance" from the municipal Zoning Board. This Board is composed of 7 members and it is a separate autonomous body from the Mayor and City Council, and is empowered to take testimony and render decisions like a Court of Law. The Zoning Board considered the matter at 6 public hearings that were held between April of 2005 and November of 2005. Public hearings are to be publicly noticed, and in addition, residents and commercial entities located within 200 feet of the property in question are to get special certified notification. On November 29, 2005, the Zoning Board voted to DENY the application of the Mission. This denial was memorialized and by Resolution and adopted on January 10, 2006. Following this denial, the Mission filed a lawsuit known as an "Action in Lieu of Prerogative Writs" in Superior Court in Freehold (not Trenton) On February 28, 2006, the Court ruled that the Zoning Board's denial of the application was "arbitrary, capricious and unreasonable," and not supported by the record before the Board, and that they failed to address the "inherently beneficial use" standard prescribed under the law. The Court entered an Order REVERSING the Board's denial, and remanded the matter back to the Zoning Board to use the correct "inherently beneficial use" standard. Following the Court's action, the Zoning Board scheduled an additional public hearing to re-consider the application and this was publicly noticed and took place on March 14, 2006. On this date, the Zoning Board voted that evening to reverse its prior decision and grant ALL variances. It was memorialized by Resolution on March 28, 2006. Notice of the Zoning Board's determination was published in the City's official newspaper on May 25, 2006. Note that this matter was NEVER a matter that came before the Mayor and City Council as they have no jurisdiction over this matter by way of this judicial process. Time is of essence as there are time limitations associated with filing appeals. We are currently raising funds to hire a Zoning Attorney to file an appeal. ------------------------ Yahoo! Groups Sponsor --------------------~--> See what's inside the new Yahoo! Groups email. http://us.click.yahoo.com/2pRQfA/bOaOAA/yQLSAA/Y2tolB/TM --------------------------------------------------------------------~-> Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/AsburyPark/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
