Z-08-06 Variance Analysis

1000 Jefferson Avenue, Elizabeth NJ — R-3A Zone

Prepared: April 29, 2026 | Source: OPRA-2026-04-22 (7-page certified resolution)

What We Now Have (Primary Source)

The April 22, 2026 OPRA response from the City of Elizabeth Planning and Board of Adjustments delivered the full certified 7-page Z-08-06 Resolution, titled:

Resolution, City of Elizabeth Zoning Board of Adjustment In the Matter of Elegant Headwear Company, Inc. Application No. Z-08-06 Decided on March 9, 2006 Memorialized on April 20, 2006 Use Variance

This is the only variance ever granted for 1000 Jefferson Avenue. There are no others on record.

What Was Approved

• Applicant: Elegant Headwear Company, Inc. (apparel manufacturer — imports and distributes headwear)
• Use: Use variance to construct a second-floor office addition of approximately 5,760 square feet onto an existing commercial building
• Reason variance needed: Property is in R-3A Four Family Residential Zone — commercial use is prohibited without a variance
• Zoning authority: N.J.S.A. 40:55D-70(d)(1) — use variance (the hardest to get; requires "special reasons" and "positive criteria")
• Existing building size at time of approval: 188,000 sq ft warehouse, 200,000 sq ft total site

The variance was NOT a blanket approval for industrial/warehouse use. It was specifically and narrowly for Elegant Headwear's apparel manufacturing operation to add a second-floor office space.

The Conditions — Full List

1. Development implemented in accordance with submitted/approved plans
2. Approval granted strictly in accordance with the plan prepared by The Musial Group dated December 16, 2005
3. Comply with all requirements of Harbor Consultants Report of March 6, 2006 and all applicable City Codes and Ordinances
4. Pay all fees, costs, and escrows within 20 days
5. Certification that taxes have been paid to the date of approval, if required
6. Union County Planning Board approval, if required
7. Somerset-Union County Soil Conservation District approval, if required
8. Municipal Board of Health approval, if required
9. NJDEP sewer extension and any other permits required by NJDEP pursuant to their authority, if required
10. Prior to construction permit: file affidavit with Board and Construction Official verifying receipt of all necessary agency approvals
11. Subject to all other applicable rules, regulations, ordinances and statutes of the City of Elizabeth, County of Union, State of New Jersey or any other jurisdiction

CONDITION 12 — THE EXPIRATION CLAUSE (CRITICAL)

"The variances granted expire nine months from the notice to the applicant of this resolution or the end of final site plan approval whichever is later unless the applicant has commenced construction of same pursuant to Section 17.28.090c of the Code of the City of Elizabeth."

Analysis of Condition 12:

• Resolution memorialized: April 20, 2006
• Notice to applicant: approximately April 20, 2006
• Nine months later: approximately January 20, 2007
• Variance expired on or around January 20, 2007 UNLESS Elegant Headwear commenced construction of the approved 5,760 sq ft second-floor office addition before that date

13. Remove any razor wire on the Elizabeth portion of the property
14. Submit a copy of the lease with the tenant that uses part of the parking lot for cars parked in conjunction with Newark Airport. The lease must show a non-exclusive use of the parking lot by the tenant.
15. Enter into an escrow agreement with the City of Elizabeth for COAH (Council on Affordable Housing) obligation triggered by this development

Key Legal Arguments This Document Supports

Argument 1: Variance Expired January 2007

To establish: Did construction ever commence on the approved Musial Group second-floor addition?

The pending OPRA (opra-co-permits) asks the Bureau of Construction for any permits and CO issued for the second-floor addition at 1000 Jefferson Ave. If:

• No permit was pulled → construction was never commenced → variance expired January 20, 2007
• No CO was issued → addition was never completed → this may void any ongoing non-conforming use protection

If no construction permit exists, the variance has been expired for nearly 19 years. Every day of warehouse/logistics operation since then has been without any valid land use approval.

Argument 2: Change of Use Independently Voids Any Surviving Protection

Even if the variance somehow survived (e.g., Elegant Headwear did commence construction), the variance was specifically granted for apparel manufacturing by Elegant Headwear Company, Inc. The current operator is Diverse Logistics (freight/trucking logistics). These are:

• Different corporate entities
• Different use classifications (apparel manufacturing ≠ trucking/warehouse logistics)
• A variance for a specific "d" variance non-conforming use does not automatically transfer to successors in a different business

Changing the use from the approved use likely required a new variance application. None was ever filed.

Argument 3: Current Use Exceeds Even the Approved Non-Conforming Use

The approved non-conforming use was for apparel manufacturing in an existing building with a small office addition. The current use involves:

• 24/7 tractor-trailer traffic
• Industrial diesel operations
• Loading dock operations running overnight
• Cardboard baler/compactor operation pre-7 AM

This scale of industrial warehouse-logistics operation goes far beyond what was contemplated or approved in Z-08-06.

Argument 4: Missing Condition Compliance

Several conditions appear never to have been satisfied or verified:

• Condition 3: Harbor Consultants noise/environmental compliance — was this verified?
• Condition 6: Union County Planning Board approval — no record found
• Condition 9: NJDEP sewer and other permits — no record found
• Condition 14: Newark Airport parking lease — was this ever submitted?
• Condition 15: COAH escrow agreement — was this ever executed?

Failure to satisfy conditions of approval is an independent basis for enforcement.

What We Need to Confirm (Action Items)

Bottom Line for Attorney

The only legal basis for any non-residential use at 1000 Jefferson Avenue is Z-08-06, a 2006 use variance for Elegant Headwear Company, Inc.'s apparel manufacturing operation to add 5,760 sq ft of office space. That variance:

1. Likely expired January 20, 2007 if construction was never commenced (to be confirmed by permit search)
2. Does not cover the current use — warehouse/logistics/trucking by Diverse Logistics is not apparel manufacturing
3. Was granted subject to conditions, some of which appear never to have been satisfied

The current operation appears to have no valid land use approval whatsoever in an R-3A Four Family Residential Zone where commercial/industrial use is prohibited. This is the legal foundation for the enforcement action.

Vote Record

FOR: Commissioners Fernandez, Lacey, Castro, Altidor, Azevedo, Vice-Chairman Mazza, Chairman Rivera

Against: None listed Abstain: None listed

Secretary: Monica Rivera (signed)

Source: City of Elizabeth OPRA-2026-04-22_Planning_and_Board_of_Adjustments_Response.pdf (7 pages) Filed in: /Documents/1000 Jefferson Ave - Evidence Package/