Search Rutgers Law Library N.J. Court Opinions

46 NEW YORK SMSA LIMITED PARTNERSHIP v. BOROUGH OF MIDLAND PARK ZONING BOARD OF ADJUSTMENT -- rank: 697

... LLC (T-Mobile) 1 for use and height variances under N.J.S.A. 40:55D-70(d)(1) and d(6). The Board also failed to reach the carriers' application for bulk variances under N.J.S.A. 40:55D-70(c)(2), and for site plan approval. The trial court ... the standard for adoption of a c(2) variance. See N.J.S.A. 40:55D-70(c)(2). The proposed installation would locate an accessory building ... the use variance. An applicant for a use variance under N.J.S.A. 40:55D-70(d) must show the variance "can be granted without substantial ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). Consequently, the applicant must satisfy both the positive and ... the benefits of the deviation would substantially outweigh any detriment . . . ." N.J.S.A. 40:55D-70(c)(2). The applicant for a c(2) variance ...

docket:	a5070-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	69394

47 1 MEMORIAL DRIVE LLC v. 160 WEST BROADWAY ASSOCIATES, LP -- rank: 697

... 58-59 (1999). 160 West sought a variance pursuant to N.J.S.A. 40:55D-70(c)(1) and (c)(2). To obtain a 'hardship' variance under N.J.S.A. 40:55D-70(c)(1), an applicant must establish the following 'positive' criteria ... such property .... In addition to demonstrating the above 'positive' criteria, N.J.S.A. 40:55D-70 requires an applicant for any variance to demonstrate the following ... plan and zoning ordinance. To obtain a 'flexible' variance under N.J.S.A. 40:55D-70(c)(2), an applicant must establish the negative criteria, set ... proof of the positive criteria to satisfy the standards in N.J.S.A. 40: 55D-70(c). Thus, 160 West 'did not prove hardship or substantial ...

docket:	a0511-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-13
status:	Unpublished
citation:
Document Size:	87088

48 MOUNT HOLINESS TEMPLE OF PENTECOSTAL FAITH INC v. HACKENSACK BOARD OF ADJUSTMENT -- rank: 697

... Sica v. Board of Adjustment , 127 N.J. 152 (1992). N.J.S.A. 40:55D-70(d) provides that, in "particular cases" and for "special reasons ... A. 40:55D-67] pertaining solely to a conditional use." N.J.S.A. 40:55D-70 also provides that No variance or other relief may be ... zoning ordinance. Thus, an applicant seeking a use variance under N.J.S.A. 40:55D-70(d)(1) is required to prove both the positive criteria ... where the applicant seeks a conditional-use variance pursuant to N.J.S.A. 40:55D-70(d)(3). In Coventry Square, Inc. v. Westwood Zoning Board ... granted "'without substantial detriment to the public good.'" Ibid. (quoting N.J.S.A. 40:55D-70). The focus of this inquiry "is on the effect on ... purpose of the zone plan and zoning ordinance.'" Ibid. (quoting N.J.S.A. 40:55D-70(d)). The applicant has the burden of convincing the ...

docket:	a2629-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	49802

49 RONALD C. WRONKO v. MC TUSCANY II PROPERTY LLC -- rank: 694

... Tuscany sufficiently demonstrated its need for the variances under both N.J.S.A. 40:55D- 70(c)(1) and (c)(2). As to subsection (c)(1 ... positive and negative criteria required to approve variance relief under N.J.S.A. 40:55D-70(c)(1), the judge explained the Board's decision was ... properly addressing the positive or negative criteria as required under N.J.S.A. 40:55D-70(c). III. 'Our standard of review for the grant or ... planning boards also have the power to grant variances under N.J.S.A. 40:55D-70(c), commonly called '(c)' variances. N.J.S.A. 40:55D-70(c) states, in relevant part, that a Board has the ... the benefits of the deviation would substantially outweigh any detriment. [N.J.S.A. 40:55D-70(c).] Under subsection (c)(1), an applicant must show ...

docket:	a0154-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-13
status:	Unpublished
citation:
Document Size:	33389

50 JOHN FAUCHER v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF HOBOKEN -- rank: 694

... changed its application to request a use variance pursuant to N.J.S.A. 40:55D- 70(d)(1) to allow two principal structures on the lot. In addition, B&B sought variances pursuant to N.J.S.A. 40:55D-70(c)(2) and (d)(6) in order to allow accessory ... decision to grant B&B the use variance pursuant to N.J.S.A. 40:55D-70(d)(1). As noted, plaintiffs argue that B&B failed ... 309, 323 (1998). The positive criteria are set forth in N.J.S.A. 40:55D- 70(d)(1), which authorizes a zoning board, '[i]n particular ... principal structure.' The term 'special reasons' is not defined in N.J.S.A. 40:55D- 70(d)(1). However, special reasons may be found where: (1 ... App. Div. 2006)). The negative criteria are set forth in N.J.S.A. 40:55D-70, which states that the applicant must show the 'variance ...

docket:	a3906-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-25
status:	unpublished
citation:
Document Size:	58076

51 PAMELA COLLINS v. PRESBYTERIAN CHURCH OF TOMS RIVER -- rank: 694

... if approved by five members of a seven-member board. N.J.S.A. 40:55D-70(d). After four members of the Board voted in favor ... application failed to receive five affirmative votes, as required by N.J.S.A. 40:55D-70(d). Carr contends the Board did not have authority under ... As noted, the MLUL provides that a use variance under N.J.S.A. 40:55D-70(d) may be granted 'only by affirmative vote of at ... five out of seven votes is necessary to approve a [N.J.S.A. 40:55D-70(d)] variance.' D. Lobi Enters., 408 N.J. Super. at ... which was one short of the five votes required by N.J.S.A. 40:55D-70(d) for a use variance. On appeal, Carr asserts that ... Lawn Bd. of Adjustment, 152 N.J. 309, 323 (1998). N.J.S.A. 40:55D-70(d)(1) authorizes a zoning board, '[i]n particular ...

docket:	a5003-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-17
status:	unpublished
citation:
Document Size:	54603

52 JASON SHERMAN v. HOLMDEL TOWNSHIP PLANNING BOARD -- rank: 692

... Shermans' land use application, and that the variance standards of N.J.S.A. 40:55D-70 are irrelevant. To be sure, the statutory interplay between Sections ...

docket:	a5858-06
court:	njappellate
decided:	2008-04-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	85151

53 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the BRIAN KIMMINS and PATRICIA KIMMINS, his wife, JOSEPH NATOLI, and JANICE NATOLI his wife, STEVEN HEGNA -- rank: 686

... licensed professional planner, addressed defendants' application for a variance under N.J.S.A. 40:55D-70(c)(1), which authorizes a board of adjustment to grant ... The expert then discussed the application for a variance under N.J.S.A. 40:55D-70(c)(2), which authorizes granting a variance when 'the benefits ... defendants' requested variances. '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 ... hardship, the planning board may nevertheless grant a variance under N.J.S.A. 40:55D-70(c)(2). Ibid. In Wilson v. Brick Twp. Zoning Bd ... stated that in order to secure variance relief pursuant to N.J.S.A. 40:55D-70(c)(2), the applicant must show: (1) [that the ...

docket:	a1394-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-15
status:	unpublished
citation:
Document Size:	62144

54 ALAN S. MESZAROS v. PLANNING BOARD CITY OF SOUTH AMBOY -- rank: 683

... implicate N.J.S.A. 40:55D-70c and d. N.J.S.A. 40:55D-70 authorizes the Board of Adjustment to make those decisions.     Because ... those criteria. Such authority lies with the Zoning Board under N.J.S.A. 40:55D-70.     After discussing prior cases where the conditional use clause of ...

docket:	a6688-02
court:	njappellate
decided:	2004-07-13
status:	published
citation:	371 N.J. Super. 134
Document Size:	44355

55 /usr/local/share/www/libweb/collections/courts/appellate/a4682-4777-08.opn.html -- rank: 683

... a super-majority did not vote in its favor. See N.J.S.A. 40:55D-70(d). The minor­ity voting against the use vari­ance ... the "positive cri­teria" to obtain a use variance under N.J.S.A. 40:55D-70(d), which requires an applicant to prove that there exist ... a use variance also must satisfy the negative criteria of N.J.S.A. 40:55D-70(d), as follows: No variance or other relief may be ... cation or standard . . . pertaining solely to a condi­tional use." N.J.S.A. 40:55D-70(d)(3). To obtain such a vari­ance, an applicant ... can be granted "without substantial detriment to the public good," N.J.S.A. 40:55D-70, the focus is on the effect on surrounding properties of ... and purpose of the zone plan and zon­ing ordinance," N.J.S.A. 40:55D-70(d), the board of adjustment must be satisfied that ...

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decided:
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Document Size:	88190

56 MICHAEL J. MONAGHAN v. TOWNSHIP OF TEANECK PLANNING BOARD -- rank: 683

... variances, and it is undisputed that a variance pursuant to N.J.S.A. 40:55D-70(c)(2) should not be granted when only the purposes ... Specifically, he claims that Lydon's testimony established that under N.J.S.A. 40:55D-70(c)(1), he was entitled to bulk variances because the ... lots.' Further, he avers that the variances were mandatory under N.J.S.A. 40:55D-70(c)(2) because the proposed lot creates no 'substantial detriment ... planning boards also have the power to grant variances under N.J.S.A. 40:55D- 70(c), commonly called '(c)' variances. N.J.S.A. 40:55D-70(c) states, in relevant part, that a board has the ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70; see also Lang, 160 N.J. at 57 ('Whether ...

docket:	a2239-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-08
status:	Unpublished
citation:
Document Size:	40154

57 MESQUITE TOWER CONSULTING, LLC, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 683

... a super-majority did not vote in its favor. See N.J.S.A. 40:55D-70(d). The minor­ity voting against the use vari­ance ... the "positive cri­teria" to obtain a use variance under N.J.S.A. 40:55D-70(d), which requires an applicant to prove that there exist ... a use variance also must satisfy the negative criteria of N.J.S.A. 40:55D-70(d), as follows: No variance or other relief may be ... cation or standard . . . pertaining solely to a condi­tional use." N.J.S.A. 40:55D-70(d)(3). To obtain such a vari­ance, an applicant ... can be granted "without substantial detriment to the public good," N.J.S.A. 40:55D-70, the focus is on the effect on surrounding properties of ... and purpose of the zone plan and zon­ing ordinance," N.J.S.A. 40:55D-70(d), the board of adjustment must be satisfied that ...

docket:	a4777-08
court:	NJ Superior Court Appellate Division
decided:	2011-09-07
status:	unpublished
citation:
Document Size:	87500

58 MESQUITE TOWER CONSULTING, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 683

... a super-majority did not vote in its favor. See N.J.S.A. 40:55D-70(d). The minor­ity voting against the use vari­ance ... the "positive cri­teria" to obtain a use variance under N.J.S.A. 40:55D-70(d), which requires an applicant to prove that there exist ... a use variance also must satisfy the negative criteria of N.J.S.A. 40:55D-70(d), as follows: No variance or other relief may be ... cation or standard . . . pertaining solely to a condi­tional use." N.J.S.A. 40:55D-70(d)(3). To obtain such a vari­ance, an applicant ... can be granted "without substantial detriment to the public good," N.J.S.A. 40:55D-70, the focus is on the effect on surrounding properties of ... and purpose of the zone plan and zon­ing ordinance," N.J.S.A. 40:55D-70(d), the board of adjustment must be satisfied that ...

docket:	a4682-08
court:	New Jersey Superior Court Appellate Division
decided:	2011-09-07
status:	Published
citation:
Document Size:	88692

59 /usr/local/share/www/libweb/collections/courts/appellate/a3290-19.opn.html -- rank: 681

... sought site plan approval and a conditional use variance under N.J.S.A. 40:55D-70(d)(3) from defendant Borough of Eatontown Board of Adjustment ... Ordinance, the application was considered a 'principal use variance' under N.J.S.A. 40:55D-70(d)(1). A-3290-19 3 However, in no event ... variance approval is technically required pursuant to the provisions of N.J.S.A. 40:55D- -70(d)(3), A-3290-19 8 . . . the Board has no ... as a primary use variance pursuant to the provisions of N.J.S.A. 40:55D-70(d)(1).' The Board explained that subsections (A) and (B ... whether the proposed billboard required a prohibited use variance under N.J.S.A. 40:55D-70(d)(1) or a conditional use variance under N.J.S.A. 40:55D-70(d)(3). N.J.S.A. 40:55D-3 ...

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60 GAELIC COMMUNICATIONS LLC v. COMBINED PLANNING BOARD/ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MILFORD -- rank: 681

... N.J. 376 , 385 (1990). The statute at issue is N.J.S.A. 40:55D-70, which governs applications for use, height, and bulk variances, and ... 95 , 101 (2011). We must look to the requirements of N.J.S.A. 40:55D-70 to determine whether the Board's analysis was proper. N.J.S.A. 40:55D-70(d) provides that a Board may: In particular cases for ... satisfies the variance criteria for particular suitability of a site, N.J.S.A. 40:55D-70(d), that analysis has its limits. One specific limit mentioned ... Medici v. BPR Co. , 107 N.J. 1 , 19 (1987) ( N.J.S.A. 40:55D-70 vests exclusive authority to grant or deny variances to municipal ... serves the general welfare and satisfies the positive criteria[]" under N.J.S.A. 40:55D-70(d), found that: Relevant to the determination of the ...

docket:	a5136-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-26
status:	unpublished
citation:
Document Size:	62172