Now that we've address the physical aspects of the property, time to tackle our biggest question and concern prior to closing on the property:

Can We Build a Different House on the Lot?

Reviewing the City of Long Branch R-5 Zoning Codes, we knew that the property is a severely undersized prior nonconforming single-family residential lot. In fact, the size of the lot is so deficient that it's unable to meet many of the current ordinance requirements governing minimum habitable area, frontage, setbacks and lot coverage.

Between the selling broker and City Office, we were able to gather the following documents:

• Survey of Property (April 2012 )
• Prior owner's Denied Development Plan Application to the Zoning Board  (July 2013)
• Variance Plan submitted to the Zoning Board (July 2013)
• Architectural Plans submitted to the Zoning Board (July 2013)
• Drainage Calculations submitted to the Zoning Board (February 2014)
• Zoning Board Engineering Drainage Review (March 2014)
• Zoning Board Approval of Bulk Variance Relief (June 2014)
• Zoning Board Engineering Resolution Compliance Detailed Review (March 2015)
• Zoning Board Approval of Extension of Time Pertaining to Previously Granted Relief (October 2016)

We Can At Least Build the Colonial

Reviewing all the documents, we knew the prior owner didn't complete resolution compliance but an extension was granted for the bulk variance relief approval through December 31, 2017.  So at a minimum, we could build the colonial house submitted by the owner if we completed compliance and received a building permit in the 9 month period following our closing. It's not ideal but at least we know we're not stuck with an empty lot.

Rendering of Original Colonial House Submitted to the Zoning Board [source: zillow.com]

Short Answer: There's a Good Chance

After confirming the extension of approval, we also met with an attorney who served on the zoning board of a nearby city and who has worked with the Long Branch Zoning Board Attorney in the past. Reviewing the Resolution, we were concerned that the basis for granting the approvals was the removal of a preexisting nonconforming garage. The garage has already been removed so if we sought new approvals there may be a limited basis for them to be granted. We may also need to show sufficient "hardship" again by attempting to sell the property or by buying the neighboring properties.

Lawyers never give specific probabilities or statistics on the likelihood of success but after our meeting we felt positive about the prospects of building our house and were told our specific concerns weren't an issue.  If we conformed to the variance relief granted and promoted the green aspects of our home we stood a good chance of amending the resolution with our new house plans.