Search Rutgers Law Library N.J. Court Opinions

121 /usr/local/share/www/libweb/collections/courts/appellate/a1990-14.opn.html -- rank: 604

... s application "adequately demonstrate[d] that the negative criteria under N.J.S.A. 40:55D-70 [wa]s met in reference to the detriment of the ... the absence of such a provision, bulk variances are mandated. N.J.S.A. 40:55D-70(c). Indeed, if variances are denied, plaintiff cannot build the ... the property useless. "An applicant who pursues a variance under N.J.S.A. 40:55D-70(c)(1) must establish that the particular conditions of the ... v. Mauro , 216 N.J. 16 , 29 (2013). See also N.J.S.A. 40:55D-70(c)(1). "'Undue hardship' involves the underlying notion that no ... intent and purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70.]. See also Price v. Himeji, LLC , 214 N.J. 263 ...

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court:	NJ Superior Court Law/Chancery Division
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122 ELITA KANE v. THE ZONING BOARD OF THE TOWNSHIP OF CEDAR GROVE -- rank: 604

... the Board seeking a variance for the deck, pursuant to N.J.S.A. 40:55D-70(c)(1) and (c)(2). 1 The application included a ... grant bulk zoning variances if the required criteria are met. N.J.S.A. 40:55D-70(c). Plaintiff argues that she was entitled to the bulk ... authorized to grant] a variance to allow departure from regulations[.] [ N.J.S.A. 40:55D-70(c)(2).] The negative criteria of N.J.S.A. 40:55D-70 must also be met. That is, the variance can be ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. With respect to a (c)(2) application, the Supreme Court ...

docket:	a5235-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-09
status:	unpublished
citation:
Document Size:	33046

123 JOHN GIERCYK v. CITY OF ESTELL MANOR PLANNING ZONING BOARD -- rank: 602

... of the zoning ordinance to determine whether the 1 See N.J.S.A. 40:55D-70(d). 2 Hendricks House, Inc., was improperly pled as Hendricks ... reasoned written decision. We add only the following comments. Under N.J.S.A. 40:55D-70(d)(1): The board of adjustment shall have the power ... the positive criteria — why the variance should be granted. N.J.S.A. 40:55D-70(d)(1). 'Special reasons' are those that promote the general ... v. Himeji, LLC, 214 N.J. 263, 286 (2013) (quoting N.J.S.A. 40:55D-70). 'The showing required to satisfy the first of the negative ...

docket:	a2729-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	57145

124 LAKEVIEW MEMORIAL PARK ASSOCIATION, v. BURLINGTON COUNTY CONSTRUCTION BOARD OF APPEALS -- rank: 602

... s decision to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(a). Plaintiff filed opposition to defendants' motions to dismiss and ... be appealed to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(a), which gives that Board the authority to hear and ...

docket:	L-003629-19
court:	NJ Superior Court Appellate Division
decided:	2020-06-25
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Document Size:	65314

125 /usr/local/share/www/libweb/collections/courts/supreme/a5110-14.opn.html -- rank: 602

... affirmative votes necessary to approve use or height variances. See N.J.S.A. 40:55D-70(d). Alternatively, plaintiff argued Meier's belated disqualification was the ... or [ten percent] the maximum height permitted in the district." N.J.S.A. 40:55D-70(d)(1) and (6). A variance may be granted "[i ... zone plan and zoning ordinance," the so-called "negative criteria." N.J.S.A. 40:55D-70(d); see also Price v. Himeji, L.L.C. , 214 ... through its zoning ordinance. [ Id. at 286 (citations omitted) (quoting N.J.S.A. 40:55D-70).] Here, the Board specifically found that the development would not ...

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court:	NJ Superior Court Law/Chancery Division
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126 JOSEPH KLEIN v. PLANNING BOARD OF THE BOROUGH OF BOUND BROOK -- rank: 599

... failed to satisfy the affirmative and negative criteria embodied in N.J.S.A. 40:55D-70(d). In particular, the Board concluded that the applicant had ... an applicant must show special reasons meriting a use variance. N.J.S.A. 40:55D-70(d)(1). As the New Jersey Supreme Court has stated ... intent and purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). Additionally, as a proponent of a non-inherently beneficial ... to establish the affirmative criteria that special reasons existed under N.J.S.A. 40:55D-70(d)(1) and thus they did not sustain the requisite ...

docket:	a6292-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-29
status:	unpublished
citation:
Document Size:	24965

127 THE GALAXY TOWERS CONDOMINIUM ASSOCIATION INC v. TOWNSHIP OF NORTH BERGEN PLANNING BOARD -- rank: 599

... variances necessary for Appleview to complete the project pursuant to N.J.S.A. 40:55D-70(c)(2). This provision of the Municipal Land Use Law ... and the purpose of the zone plan and zoning ordinance. N.J.S.A. 40:55D-70. A variance will be upheld if it is supported by ... lines — did not require a use variance pursuant to N.J.S.A. 40:55D-70(d). We reject this argument, for substantially the reasons set ... municipal improvements." 5 We acknowledge that the proper standard under N.J.S.A. 40:55D-70(c)(2) requires the Board to determine that the benefits ...

docket:	a3583-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-08
status:	unpublished
citation:
Document Size:	60228

128 HEATHER L. FUREY, ET AL. VS. VOORHEES TOWNSHIP ZONING BOARD OF ADJUSTMENT, ET AL. -- rank: 599

... of traffic to reduce congestion. Regarding the 'negative criteria' of N.J.S.A. 40:55D-70(d), Phillips further opined that the impact on the neighborhood ... a district restricted against such u se or principal structure.' N.J.S.A. 40:55D-70(d)(1). The burden on the applicant to show 'special ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70. 'This is sometimes referred to as one of the 'negative ... of the zone plan and zoning ordinance' or negative criteria. N.J.S.A. 40:55D-70(d). To satisfy the 'special reasons' or positive criteria as ...

docket:	a2098-22
court:	appellate
decided:	2024-03-25
status:	Unpublished
citation:
Document Size:	54703

129 JESSE ROSENBLUM v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF CLOSTER and ROBERT ARMANIACO - -- rank: 599

... Law Division and the Board properly analyzed the governing statute, N.J.S.A. 40:55D-70(d), and that the Board's decision was neither arbitrary ... proofs sufficient to satisfy the positive and negative criteria of N.J.S.A. 40:55D-70(d). As to the positive criteria, the Board noted that ... here, the issuance of a use variance is governed by N.J.S.A. 40:55D-70(d) which, in pertinent part, authorizes a Board: In particular ... use . . . . Armaniaco's request for a use variance falls under N.J.S.A. 40:55D-70(d)(1) because the proposed contractors' yard constitutes a commercial ... zoning ordinance.'" Sica , supra , 127 N.J. at 156 (quoting N.J.S.A. 40:55D-70(d)). The first inquiry under the negative criteria focuses on ... proofs fulfilled both the positive and negative criteria established by N.J.S.A. 40:55D-70(d). As we have already noted, because Armaniaco's ...

docket:	a1967-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-17
status:	unpublished
citation:
Document Size:	30979

130 FOUR M. PROPERTIES LLC. v. NEWARK CENTRAL PLANNING BOARD ARIS FASHIONS, INC. -- rank: 593

... before the Board was insufficient to meet the requirements of N.J.S.A. 40:55D-70(c) to grant the parking variance;" (2) the Board’s ... v. Bd. of Adj. , 10 N.J. 1 , 7 (1952). N.J.S.A. 40:55D-70(c)(2) provides that the grant of a variance is ... ed] to a specific piece of property as required by N.J.S.A. 40:55D-70(c).” However, the record contains extensive expert testimony describing ... breached that contract, which was then terminated by Aris. 2 N.J.S.A. 40:55D-70(c)(2). 3 160 N.J. 41 (1999). 4 N ...

docket:	a2964-08
court:	NJ Superior Court Appellate Division
decided:	2010-01-27
status:	unpublished
citation:
Document Size:	50047

131 MICHELE GONZALEZ v. ANTHONY ODUNLAMI PLANNING BOARD OF THE TOWNSHIP OF HOLMDEL -- rank: 593

... created hardship that does not qualify as a hardship under N.J.S.A. 40:55D-70(c)(1). She also argues Odunlami neither satisfied the positive ... or dimensional provision of a zoning ordinance is governed by N.J.S.A. 40:55D-70(c). Subsection 70(c)(1) permits a variance when strict ... exceptional hardship because of the characteristics of the subject property. N.J.S.A. 40:55D-70(c)(1). 'Undue hardship refers solely to the particular physical ... 3212-19 8 An applicant who pursues a variance under N.J.S.A. 40:55D-70(c)(1) must establish that the conditions of the property ...

docket:	a3212-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	20903

132 T-MOBILE NORTHEAST L.L.C. v. ZONING BOARD OF ADJUSTMENT of the BOROUGH OF NEW MILFORD -- rank: 591

... negative criteria required to obtain a use variance pursuant to N.J.S.A. 40:55D-70(d), and the positive criteria "far outweigh the negative." The ... plaintiff had requested issuance of a use variance pursuant to N.J.S.A. 40:55D-70(d). The statute provides that a variance may issue "[i ... purpose of the zone plan and zoning ordinance." Ibid. Although N.J.S.A. 40:55D-70(d) does not require a balancing of the positive and ... 107 N.J. 1 , 22 n.12 (1987)). Indeed, under N.J.S.A. 40:55D-70(d), only a "'substantial'" detriment will support the denial of ... the general welfare and thereby satisfies the positive criteria under N.J.S.A. 40:55D-70(d), provided the use is particularly suited to the proposed ... found that plaintiff did not satisfy the negative criteria under N.J.S.A. 40:55D-70(d) because it failed to employ the most effective ...

docket:	a3068-09
court:	superior court trial
decided:	2011-02-22
status:	unpublished
citation:
Document Size:	18957

133 TOWERNORTH DEVELOPMENT LLC, v. SHAMONG TOWNSHIP JOINT LAND USE BOARD -- rank: 591

... respects. Therefore, plaintiffs sought a 'd-1' variance pursuant to N.J.S.A. 40:55D-70(d)(1) because the cell tower would be a second ... use on the property; a 'd-3' variance pursuant to N.J.S.A. 40:55D-70(d)(3) because the property was not a publicly owned land, and a bulk 'c' variance pursuant to N.J.S.A. 40:55D-70(c) because the cell tower's concrete pad exceeded the ... for granting the variance under the Municipal Land Use Law, N.J.S.A. 40:55D-70(d)(1). These special reasons are referred to as the ... the zone planning and A-3577-21 18 zoning ordinance.' N.J.S.A. 40:55D-70(d). An applicant has the additional 'enhanced quality of proof ...

docket:	a3577-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-02
status:	Unpublished
citation:
Document Size:	37062

134 MARY SCHEIBELHOFFER v. BRICK TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 588

... size and configuration gave rise to a hardship pursuant to N.J.S.A. 40:55D-70(c)(1) of the Municipal Land Use Law ('MLUL'), it ... any hardship was self-created. Analyzing the application pursuant to N.J.S.A. 40:55D-70(c)(2), the Board found that plaintiffs failed to establish ... lot size and shape created a hardship as defined by N.J.S.A. 40:55D-70(c)(1) of the Municipal Land Use Law ('MLUL'). Specifically ... The statutory authority for the 'hardship variance' is found in N.J.S.A . 40:55D-70(c)(1), which states, Where: (a) by reason of exceptional ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d). See also Nash, 96 N.J. at 102.] A ... account any hardship posed by the property's configuration . See N.J.S.A. 40:55D-70(c)(2). For that reason, we reverse the trial ...

docket:	a1169-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-08
status:	Unpublished
citation:
Document Size:	21619

135 /usr/local/share/www/libweb/collections/courts/appellate/a2759-18.opn.html -- rank: 588

... of the pre-existing non[]conforming restaurant use pursuant to N.J.S.A 40:55D-70(b) including outdoor eating and drinking' or, in the alternative ... expansion of the pre-existing non[]conforming use pursuant to N.J.S.A. 40:55D-70(d)(2).' Between September 2016 and October 2017, numerous hearings ... to expand the pre-existing nonconforming use for outdoor dining, N.J.S.A. 40:55D-70(d)(2), subject to several conditions and restrictions. Crediting Ryan ... challenge the Board's decision to grant a variance under N.J.S.A. 40:55D-70(d)(2). Rather, plaintiffs narrowly focus on the Board's ...

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