Search Rutgers Law Library N.J. Court Opinions

76 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 667

... Zoning Board on the ground that a variance pursuant to N.J.S.A. 40:55D-70(d) was required due to the inclusion of the vertical ... was not authorized or empowered to answer such questions under N.J.S.A. 40:55D-70(b). II. A. Mountain Hill alleged a multiplicity of claims ... judge determined that a use variance was required pursuant to N.J.S.A. 40:55D-70(d)(1). The judge concluded that there was no case ...

docket:	a5871-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
citation:
Document Size:	106666

77 RONALD BUSH and TINA BUSH v. THE PLANNING BOARD OF THE TOWNSHIP OF MIDDLETOWN -- rank: 667

... exceptional and undue hardship upon, the developer of such property . . . . [ N.J.S.A. 40:55D-70(c)(1).] This concept of "undue hardship" relates only to ... Plaintiffs did not seek relief under the hardship provisions in N.J.S.A. 40:55D-70(c)(1). Janiw clearly opined that plaintiffs were entitled to a minor subdivision under N.J.S.A. 40:55D-70(c)(2). The trial court's reliance on the provisions of N.J.S.A. 40:55D-70(c)(1) was thus misplaced. Moreover, it is clear that ... the property by subdividing it does not constitute hardship under N.J.S.A. 40:55D-70(c)(1). We next address the relief available to plaintiffs under N.J.S.A. 40:55D-70(c)(2) - the so-called "flexible c" - which authorizes ...

docket:	a2185-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-29
status:	unpublished
citation:
Document Size:	28371

78 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 667

... Zoning Board on the ground that a variance pursuant to N.J.S.A. 40:55D-70(d) was required due to the inclusion of the vertical ... was not authorized or empowered to answer such questions under N.J.S.A. 40:55D-70(b). II. A. Mountain Hill alleged a multiplicity of claims ... judge determined that a use variance was required pursuant to N.J.S.A. 40:55D-70(d)(1). The judge concluded that there was no case ...

docket:	a5496-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
citation:
Document Size:	106666

79 /usr/local/share/www/libweb/collections/courts/appellate/a2961-19.opn.html -- rank: 659

... any other body, except as otherwise provided in this act.' N.J.S.A. 40:55D-70 outlines the powers of a zoning board. The Zoning Board ... or principal structure, [and] an expansion of a nonconforming use.' N.J.S.A. 40:55D-70(d)(1)-(2); see also Najduch v. Twp. of Indep ... the exclusive jurisdiction of boards of adjustment with respect to N.J.S.A. 40:55D- - 70(d) variances and their ancillary jurisdiction pursuant to N.J ... can be allowed by way of variance only pursuant to' N.J.S.A. 40:55D-70(d). Cox & Koenig, New Jersey Zoning & Land Use Administration  ... Tennent Cemetery is a pre-existing non-conforming use, a N.J.S.A. 40:55D-70(d) variance is required unless crematoriums are permitted by ordinance ...

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80 BOROUGH OF FREEHOLD v. BOROUGH OF FREEHOLD PLANNING BOARD -- rank: 659

... negative criteria required for granting a use variance pursuant to N.J.S.A. 40:55D-70(d). Nevertheless, Davis apparently continued to operate her law office ... applied the standards for a use variance set forth in N.J.S.A. 40:55D-70(d), and had not correctly analyzed the applicable positive and ... in actuality, had mistakenly applied the alternative "hardship" test of N.J.S.A. 40:55D-70(d) in casting their votes. In particular, as the trial ... positive and negative criteria to justify the requested variance under N.J.S.A. 40:55D-70(d). The Planning Board bases this determination on the following ... negative criteria for a subsection d variance set forth in N.J.S.A. 40:55D-70(d). Regardless of what the individual Planning Board members chose ... approval of the variance in this matter valid." 2 See N.J.S.A. 40:55D-70(d). 3 See N.J.S.A. 40:55D- ...

docket:	a3608-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-11
status:	unpublished
citation:
Document Size:	32902

81 TUCKER M. KELLEY v. TOWNSHIP OF ROCKAWAY BOARD OF ADJUSTMENT -- rank: 659

... Board. Plaintiff appealed the determination to the Board pursuant to N.J.S.A. 40:55D-70(a), and the Board conducted hearings in the matter on ... that plaintiff file an application for a variance pursuant to N.J.S.A. 40:55D-70(d). On November 20, 2012, the Board adopted a resolution ... in the event plaintiff chooses to seek a variance under N.J.S.A. 40:55D-70(d) or a determination by the Board that the unit ... S.A. 40:55D-68 or a variance pursuant to N.J.S.A. 40:55D 70(d), the Board must correct the deficiencies and reevaluate the ...

docket:	a4471-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-28
status:	unpublished
citation:
Document Size:	39034

82 JOANN DEPHILIPPO v. CINNAMINSON TOWNSHIP PLANNING BOARD -- rank: 659

... writs. KGJ's lawsuit challenged certain "subsection c" variances under N.J.S.A. 40:55D-70(c)(2), waivers under N.J.S.A. 40:55D ... 198 (App. Div. 2009), the application for a variance under N.J.S.A. 40:55D-70(c)(2) 10 requires: (1) [that it] relates to a ... concerning the loading area plans readily met the standards of N.J.S.A. 40:55D-70(c)(2). The Board did not act arbitrarily or unreasonably ... Wal-Mart alternatively included a request for variance relief under N.J.S.A. 40:55D-70(c)(1), the thrust of the Board's resolution approving ...

docket:	a5837-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-07
status:	unpublished
citation:
Document Size:	62871

83 RIYA CRANBURY HOTEL LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CRANBURY -- rank: 656

... the approval of the banquet facility was improper because an N.J.S.A. 40:55D-70(d)(1) variance was required; (2) the approval of an ... the feature was a sign, which required one or more N.J.S.A. 40:55D-70(c) variances; and (3) the approval of the use variance ... Board is the principal arbiter of Cranbury's zoning ordinance. N.J.S.A. 40:55D-70(b). Nevertheless, "[a]lthough courts defer to the expertise of ... must show special reasons to justify the proposed use variance. N.J.S.A. 40:55D-70(d)(1). As the Court has stated, "'special reasons' takes ... intent and purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). Further, a proponent of a noninherently-beneficial commercial use ... obligatory enhanced quality needed to sustain a use variance under N.J.S.A. 40:55D-70(d)(1). In light of the rigorous Medici standards ...

docket:	a3803-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-01
status:	unpublished
citation:
Document Size:	39046

84 T-MOBILE NORTHEAST LLC v. TOWNSHIP OF WEST DEPTFORD ZONING BOARD OF ADJUSTMENT -- rank: 656

... and (3) failure to provide a negative-criteria analysis under N.J.S.A. 40:55D-70(d). The Township also filed a cross-claim against the ... the Board to balance the positive and negative criteria of N.J.S.A. 40:55D-70(d) properly, as required by Sica v. Bd. of Adjustment ... that T-Mobile had satisfied the "positive criteria" prong of N.J.S.A. 40:55D-70(d), which no party disputed. However, the judge found that ... settled that, in order to obtain a variance pursuant to N.J.S.A. 40:55D-70(d), an applicant must demonstrate both positive and negative criteria ... Price v. Himeji , 214 N.J. 263 , 286 (2013) (quoting N.J.S.A. 40:55D-70) (internal quotation marks omitted). The first question "focuses on the ... plan and zoning ordinance" from construction of the proposed monopole. N.J.S.A. 40:55D-70(d). The use is passive. It generates no noise, ...

docket:	a4188-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-21
status:	unpublished
citation:
Document Size:	56145

85 EBURY RE, LLC v. TOWNSHIP OF MOUNT OLIVE PLANNING BOARD -- rank: 656

... Mount Olive Planning Board for a hardship variance pursuant to N.J.S.A. 40:55D-70(c)(1) to build a two-story, four-bedroom single ... denial of the variance.2 We agree and reverse. 1 N.J.S.A. 40:55D-70(c)(1) allows for a variance (1) [w]here: (a ... trial court erred by applying the use variance standards of N.J.S.A. 40:55D-70(d) under Price and Sica to a (c)(1) hardship ... applied to the Planning Board for a hardship variance under N.J.S.A. 40:55D-70(c)(1) to permit it to build a single-family ... its considerable discretion in denying it a hardship variance under N.J.S.A. 40:55D-70(c)(1). The trial court erred in finding otherwise. A ... Use Law and its benefits substantially outweigh any detriment. See N.J.S.A. 40:55D-70(c)(1). The Board was certainly under no obligation ' ...

docket:	a1630-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-04
status:	Unpublished
citation:
Document Size:	26042

86 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 parties in the case and its use in other cases is limited. R.1:36-3 AURIGEMMA FAMILY TRUST MARG -- rank: 653

... v. Bd. of Adjustment , 127 N.J. 152 , 156 (1992); N.J.S.A. 40:55D-70(d) . For the positive criteria, "the applicant must establish 'special ... zoning ordinance.'" Sica , supra , 127 N.J. at 156 (quoting N.J.S.A. 40:55D-70(d)). In Medici , the Court required "an enhanced quality of ... by the grant of a "D" variance in accordance with [ N.J.S.A. ] 40:55D-70[(d)(2)] ON THE PREMISES LOCATED [in] Wood-Ridge, New ...

docket:	a0105-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	30426

87 MATTHEW GLENN v. CITY OF CAPE MAY PLANNING BOARD -- rank: 651

... c)(2)" variance under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-70(c)(2). Regarding the positive criteria, he found the proposal ... Bd. of Adjustment , 160 N.J. 41 , 58-59 (1999). N.J.S.A. 40:55D-70 authorizes local zoning and planning boards to grant variances from ... the Board granted Adis a "(c)(2)" variance, pursuant to N.J.S.A. 40:55D-70(c)(2). Applicants seeking to establish a (c)(2) variance ... N.J. Super. 413 , 427-28 (App. Div. 2000) (quoting N.J.S.A. 40:55D-70(c)(2)). The purposes of zoning include providing "sufficient space ... Stary Dom P'ship , supra , 216 N.J. at 30; N.J.S.A. 40:55D-70. Importantly, our Supreme Court explained that when assessing whether to ...

docket:	a5504-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-11
status:	unpublished
citation:
Document Size:	33988

88 Paruszewski v. Township of Elsinboro -- rank: 648

... S.A. 40:55D-25 (listing powers of planning board); N.J.S.A. 40:55D-70 (listing powers of board of adjustment).      The MLUL prohibits the ... granted by statute." New Jersey Zoning , supra , § 4-2.1. N.J.S.A. 40:55D-70 ("Section 70") outlines the powers of the zoning board. The ...

docket:	a-54-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 45
Document Size:	51296

89 TOWNSHIP OF DEPTFORD v. DEPTFORD COMMONS, LLC -- rank: 648

... 3383-19 7 necessary for granting a use variance under N.J.S.A. 40:55D-70(d). Among other things, the Board found the parking use ... governing land use variances is codified within the MLUL at N.J.S.A. 40:55D-70(d), commonly referred to as a 'subsection d' use variance ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d) (emphasis added).] The grant of a use variance pursuant ... of Mine Hill, 117 N.J. 376, 386 (1990) (interpreting N.J.S.A. 40:55D-70(d)). These 'special reasons' are defined by the general purposes ... property will not cause 'substantial detriment to the public good.' N.J.S.A. 40:55D-70(d). The focus of this criterion is also site-specific ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70(d). The substantial burdens involved in making this A- ...

docket:	a3383-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-28
status:	Unpublished
citation:
Document Size:	33534

90 CTTR HOLDINGS, LLC, v. TOMS RIVER PLANNING BOARD -- rank: 648

... whether the developer is entitled to a variance under either N.J.S.A. 40:55D-70(c)(1) or (c)(2) from the zoning ordinance's ... feet, less than the ten percent maximum set forth in N.J.S.A. 40:55D-70(d)(6). Murphy noted that having four stories instead of ... Adjustment a variance for the height of the building under N.J.S.A. 40:55D-70(d)(6). The court found subsection (d)(6) inapplicable because ... within the jurisdiction of the local Zoning Board of Adjustment. N.J.S.A. 40:55D-70. Conversely, if the height of a proposed structure only exceeds ... Shri Sai, 406 N.J. Super. at 504. See also N.J.S.A. 40:55D-70(c). The trial court concluded that a (d)(6) height ... consider SHH's request for a (c)(1) height variance. N.J.S.A. 40:55D-70(c)(1) sets forth these criteria to qualify for ...

docket:	a3839-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-09
status:
citation:
Document Size:	33978