Search Rutgers Law Library N.J. Court Opinions

61 /usr/local/share/www/libweb/collections/courts/appellate/a5170-12xx.opn.html -- 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 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	61339

62 NEW JERSEY TRANSIT CORPORATION v. MARY FRANCO -- rank: 678

... N.J.S.A. 40:55D-1 to -163, specifically N.J.S.A. 40:55D-70(d)(1) and (2)." Nuckel , supra , 208 N.J. at 97. 2 N.J.S.A. 40:55D-70 provides "[t]he board of adjustment shall have the power ... zoning. 2 Here, the only issue is a variance under N.J.S.A. 40:55D-70(d)(1), which is also referred to as a "use ...

docket:	a3802-12
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	published
citation:	447 N.J.Super. 361 148 A.3d 424
Document Size:	77241

63 QUICK PLUS REALTY, LLC v. CITY OF BRIDGETON -- rank: 678

... permit . . . a use . . . in a district restricted against such use . . . .' N.J.S.A. 40:55D-70(d). A variance may be granted '[i]n particular cases ... zone plan and zoning ordinance[,]' the so-called negative criteria. N.J.S.A. 40:55D-70; see Price v. Himeji, LLC, 214 N.J. 263, 285 ... of Adjustment (the Board) for a use variance pursuant to N.J.S.A. 40:55D-70(d)(1). The applicants provided public notice for the June ... considered the evidence supporting the positive and negative criteria under N.J.S.A. 40:55D-70(d) and did not act in an arbitrary, capricious or ... plan and zoning ordinance[.]'' Id. at 286 (citations omitted) (quoting N.J.S.A. 40:55D-70). '[T]he negative criteria constitute an essential 'safeguard' to prevent ... improper only if it 'substantially impair[s]' the master plan. N.J.S.A. 40:55D-70 (emphasis added). As we recognized many years ago, The ...

docket:	a4509-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-13
status:	Unpublished
citation:
Document Size:	30060

64 /usr/local/share/www/libweb/collections/courts/appellate/a1880-14.opn.html -- rank: 675

... We are also guided by the Court's explanation that: N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, if ... density, lot size, lot coverage, parking and setback variances, a N.J.S.A. 40:55D-70(d)(1) use variance should also have been required. Plaintiffs ... zone. Therefore, we agree with the trial judge that a N.J.S.A. 40:55D-70(d)(1) use variance was not required. Plaintiffs also contend ... that seek a variance from a zone's density restrictions. N.J.S.A. 40:55D-70; see also Commercial Realty v. First Atlantic , 122 N.J ... to allow "an increase in the permitted floor area ratio . . . ." N.J.S.A. 40:55D-70(d)(4). Because a FAR variance deals with permitted, not ... from local zoning regulations in accordance with the provisions of N.J.S.A. 40:55D-70. In relevant part, the statute provides that bulk or ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	40966

65 LEONARD ROTHENBERG v. TOWNSHIP OF LONG BEACH -- rank: 675

... decision. The trial judge concluded that plaintiffs presented "a classic [ N.J.S.A. 40:55D-70](c)(1) variance application[,] given the topographical and physical features ... purpose of deciding whether plaintiffs satisfied the negative criteria under N.J.S.A. 40:55D-70 with respect to fire and emergency vehicle access to the ... Township and Board first argue that plaintiffs lacked standing under N.J.S.A. 40:55D-70 to apply for a variance because they did not have ... exceptional and undue hardship upon, the developer of such property." N.J.S.A. 40:55D-70(c)(1) (emphasis added). The statute defines "developer" as "the ... positive criteria required for the grant of a variance under N.J.S.A. 40:55D-70(c)(1) because the condition they sought relief from (wetlands ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70.] The question of whether the variance will cause substantial ...

docket:	a4403-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	86045

66 JOSEPH A. COURTER v. ABSECON PLANNING BOARD -- rank: 675

... least five members' of the zoning board of adjustment," (quoting N.J.S.A. 40:55D-70(d)(6)), and the residential use of Parcels 2 and 3 required approval from the Zoning Board pursuant to N.J.S.A. 40:55D-70(d)(1), but the Redevelopment Plan "expressly precluded this possibility ... 13.] The MLUL allows planning boards to grant "c" variances, N.J.S.A. 40:55D-70(c), but not "d" variances, N.J.S.A. 40:55D-70(d). It does not authorize planning boards to grant conditional ... Board approve the site plan. In our view, Najduch and N.J.S.A. 40:55D-70(d), do not apply to this situation. Here, because the ...

docket:	a4344-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-06
status:	unpublished
citation:
Document Size:	40741

67 LEONARD ROTHENBERG v. TOWNSHIP OF LONG BEACH -- rank: 675

... decision. The trial judge concluded that plaintiffs presented "a classic [ N.J.S.A. 40:55D-70](c)(1) variance application[,] given the topographical and physical features ... purpose of deciding whether plaintiffs satisfied the negative criteria under N.J.S.A. 40:55D-70 with respect to fire and emergency vehicle access to the ... Township and Board first argue that plaintiffs lacked standing under N.J.S.A. 40:55D-70 to apply for a variance because they did not have ... exceptional and undue hardship upon, the developer of such property." N.J.S.A. 40:55D-70(c)(1) (emphasis added). The statute defines "developer" as "the ... positive criteria required for the grant of a variance under N.J.S.A. 40:55D-70(c)(1) because the condition they sought relief from (wetlands ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70.] The question of whether the variance will cause substantial ...

docket:	a4431-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	86045

68 LEONARD ROTHENBERG v. TOWNSHIP OF LONG BEACH -- rank: 675

... decision. The trial judge concluded that plaintiffs presented "a classic [ N.J.S.A. 40:55D-70](c)(1) variance application[,] given the topographical and physical features ... purpose of deciding whether plaintiffs satisfied the negative criteria under N.J.S.A. 40:55D-70 with respect to fire and emergency vehicle access to the ... Township and Board first argue that plaintiffs lacked standing under N.J.S.A. 40:55D-70 to apply for a variance because they did not have ... exceptional and undue hardship upon, the developer of such property." N.J.S.A. 40:55D-70(c)(1) (emphasis added). The statute defines "developer" as "the ... positive criteria required for the grant of a variance under N.J.S.A. 40:55D-70(c)(1) because the condition they sought relief from (wetlands ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70.] The question of whether the variance will cause substantial ...

docket:	a4473-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	86045

69 Kane Properties, LLC v. City of Hoboken -- rank: 673

... from a board decision granting a use variance pursuant to N.J.S.A . 40:55D-70(d). N.J.S.A. 40:55D-17(a). In ... appropriately weighed and evaluated the positive and negative criteria. See N.J.S.A. 40:55D-70. In its analysis, the trial court placed particular emphasis on ... the variances it requested, including the residential use variance. See N.J.S.A. 40:55D-70(d). Because plaintiff believes its proofs are uncontradicted and contends ... power to grant variances from the established zoning ordinance, see N.J.S.A. 40:55D-70. In that rather common scenario, a party aggrieved by the ... board of adjustment approving an application for development pursuant to [ N.J.S.A. 40:55D-70(d)]” of the MLUL. N.J.S.A. 40 ...

docket:	A-96-97
court:	NJ Supreme Court
decided:	2013-06-26
status:
citation:
Document Size:	110143

70 Kane Properties, LLC v. City of Hoboken -- rank: 673

... from a board decision granting a use variance pursuant to N.J.S.A . 40:55D-70(d). N.J.S.A. 40:55D-17(a). In ... appropriately weighed and evaluated the positive and negative criteria. See N.J.S.A. 40:55D-70. In its analysis, the trial court placed particular emphasis on ... the variances it requested, including the residential use variance. See N.J.S.A. 40:55D-70(d). Because plaintiff believes its proofs are uncontradicted and contends ... power to grant variances from the established zoning ordinance, see N.J.S.A. 40:55D-70. In that rather common scenario, a party aggrieved by the ... board of adjustment approving an application for development pursuant to [ N.J.S.A. 40:55D-70(d)]” of the MLUL. N.J.S.A. 40 ...

docket:	A-96-11
court:	NJ Supreme Court
decided:	2013-06-26
status:
citation:	214 N.J. 199 68 A.3d 1274
Document Size:	110258

71 Kane Properties, LLC v. City of Hoboken -- rank: 673

... from a board decision granting a use variance pursuant to N.J.S.A . 40:55D-70(d). N.J.S.A. 40:55D-17(a). In ... appropriately weighed and evaluated the positive and negative criteria. See N.J.S.A. 40:55D-70. In its analysis, the trial court placed particular emphasis on ... the variances it requested, including the residential use variance. See N.J.S.A. 40:55D-70(d). Because plaintiff believes its proofs are uncontradicted and contends ... power to grant variances from the established zoning ordinance, see N.J.S.A. 40:55D-70. In that rather common scenario, a party aggrieved by the ... board of adjustment approving an application for development pursuant to [ N.J.S.A. 40:55D-70(d)]” of the MLUL. N.J.S.A. 40 ...

docket:	A-97-11
court:	NJ Supreme Court
decided:	2013-06-26
status:
citation:
Document Size:	110094

72 KENSINGTON SENIOR DEVELOPMENT, LLC v. THE TOWNSHIP OF VERONA -- rank: 673

... Board sought the following variances: (1) Use variance pursuant to N.J.S.A. 40:55D-70(d)(1), to construct and operate an assisted living facility ... Ordinances. A-1010-19 3 (2) Use variance pursuant to N.J.S.A. 40:55D-70(d)(1), to operate and maintain an off-site accessory ... with the assisted living facility. (3) Bulk variance pursuant to N.J.S.A. 40:55D-70(c) for locating parking spaces within or underneath the principal ... of the Verona Zoning Ordinances. (4) Bulk variance pursuant to N.J.S.A. 40:55D-70(c) for minimum requirements for the size of an off ... of the Verona Zoning Ordinances. (5) Bulk variance pursuant to N.J.S.A. 40:55D-70(c) for minimum number of required driveways at the Claremont ... the Verona Zoning Ordinances; and (6) Bulk Variance pursuant to N.J.S.A. 40:55D-70(c) for minimum drive aisle width for a two- ...

docket:	a1010-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-01
status:	Unpublished
citation:
Document Size:	46538

73 GERTRUDE WALSH v. CITY OF CAPE MAY PLANNING BOARD -- rank: 670

... that plaintiff had sought for a residential parcel pursuant to N.J.S.A. 40:55D-70(c)(2). Having concluded the Board could have reasonably reached ... the application also sought a (c)(2) variance pursuant to N.J.S.A. 40:55D-70(c)(2) for each proposed 6,000 square foot lot ... The Board further finds that the criteria set forth in N.J.S.A. 40:55D-70[c](2) has not been satisfied and that there are ... variances from zoning ordinances. Here, the relevant MLUL provision is N.J.S.A. 40:55D-70(c)(2), which prescribes in pertinent part: [W]here in ... dispositive of a decision on a variance under this subsection[.] " N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, if ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. In overturning that finding, the trial judge found that ...

docket:	a0170-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-17
status:	unpublished
citation:
Document Size:	36703

74 RICHARD BARNASKAS v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF JACKSON -- rank: 670

... site plan with 'd' and 'c' variance relief pursuant to N.J.S.A. 40:55D-70 to construct a funeral home with accessory uses, to include ... not a permitted use in the PRC zone. However, under N.J.S.A. 40:55D-70(c)(1), the Board had the power to grant a ... and undue hardship upon, the developer of such property . . . . Under N.J.S.A. 40:55D-70(d)(1), '[i]n particular cases for special reasons,' the ... special reasons for the grant of a variance pursuant to N.J.S.A. 40:55D-70(d)(1) in that the site . . . [was] appropriate' for the ... N.J. at 323. The positive criteria set forth in N.J.S.A. 40:55D-70(d)(1) authorizes a zoning board, '[i]n particular cases ... 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: ( ...

docket:	a4349-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-02
status:
citation:
Document Size:	50384

75 GC LANDMARKS, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HILLSBOROUGH -- rank: 670

... more than 3000 square feet. The planner opined that a N.J.S.A. 40:55D-70 c(1) variance was appropriate because the applicant has not ... a c(2) bulk variance for lot area pursuant to N.J.S.A. 40:55D-70. The lot is 0.545 acres or 23,727.13 ... for a new hearing before the Board. Subsection c of N.J.S.A. 40:55D-70 governs the Board's power to grant relief from the ... criteria, which is provided for in the last paragraph of N.J.S.A. 40:55D-70. The statute states: No variance or other relief may be ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70.] The positive criteria for a c(1) variance is provided ... lot who has satisfied the positive and negative criteria of N.J.S.A. 40:55D-70 c. [ Id. at 107.] The Court also noted that ...

docket:	a1724-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-14
status:	unpublished
citation:
Document Size:	88433