D. Lobi Enterprises Inc. v. Planning/Zoning Board of the Borough of Sea Bright, A-5718-07T2; Appellate Division; opinion by Chambers, J.A.D.; decided and approved for publication July 31, 2009. Before Judges Winkelstein, Gilroy and Chambers. On appeal from the Law Division, Monmouth County, L-5188-07. DDS No. 26-2-4809 [20 pp.]

The Surfrider Beach Club, owned by plaintiff D. Lobi Enterprises Inc., is located in the B-3 zoning district in Sea Bright. Although beach clubs are a permitted use in the zone, restaurants are not. In 1992, the club received a variance allowing it to operate a restaurant at that location. In 2005, the club applied for a “d” variance to expand this nonconforming use.