Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Hello my name is Mike writing you from Howell, New Jersey. My question is: my township gave me the approval for a fence on a 25′ setback via”variance”. Then a township engineer came to inspect my pool, and found an encroachment only on the fence. Can the township legally make me move it back the foot that’s an encroachment issue after giving me the approval on my original permit?”
Yes. Depending on how your variance is worded. If the variance allows you to ignore a particular zoning ordinance, you can still be cited for violating another unrelated ordinance. The question is whether your variance applies to the ordinance they are citing against you at this point.
Unfortunately, that’s a fairly technical question, and can only be adequately answered (if at all) by someone familiar with the local ordinance and with all the facts of your case. In other words, you should consult an attorney to be sure.
