Search Rutgers Law Library N.J. Court Opinions

91 OCEAN MENTAL HEALTH SERVICES, INC v. 170 ROUTE 9, LLC -- rank: 648

... caselaw classifying drug treatment facilities as inherently beneficial uses under N.J.S.A. 40:55D-70. A-1135-21 5 Wilder pointed out that because the ... use variance, the applicant had to satisfy the requirements of N.J.S.A. 40:55D-70(d) by demonstrating that there were 'special reasons' for granting ... and] (4) an increase in the permitted floor area ratio.' N.J.S.A. 40:55D-70(d). However, the provision includes the following limitation: No variance ... and the purpose of the zone plan and zoning ordinance. [N.J.S.A. 40:55D-70.] In Sica, our Supreme Court interpreted the statute as establishing ... public good. [Id. at 165-66.] A-1135-21 14 N.J.S.A. 40:55D-70(d) 'substantially codifie[d] the Sica balancing test.' Smart SMR ... plan and zoning ordinance.'' 107 N.J. at 4 (quoting N.J.S.A. 40:55D-70(d)). To that end, the Court offered the following ...

docket:	a1135-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-10
status:	Unpublished
citation:
Document Size:	34828

92 ROSALYN MOREHEAD v. THE BOARD OF ADJUSTMENT OF THE BOROUGH OF FORT LEE -- rank: 645

... to consider the positive criteria that must be established under N.J.S.A. 40:55D-70(d) in order for a variance to be granted: In ... be satisfied if a variance is to be granted under N.J.S.A. 40:55D-70. To receive a use variance, an applicant must also satisfy ... was limited to considering matters within the powers enumerated in N.J.S.A. 40:55D-70. See Paruszewski v. Twp. of Elsinboro , 154 N.J. 45 ... The statute speaks in terms of a zoning ordinance. See N.J.S.A. 40:55D-70. The pedigree of a zoning ordinance is solely municipal, as ... interpretations, or variances are sought from the zoning board, see N.J.S.A. 40:55D-70; Paruszewski , supra , 154 N.J. at 54 is municipal in ...

docket:	a3102-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	34788

93 THE VILLAGE NEIGHBORHOOD ASSOCIATION v. THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF JERSEY CITY -- rank: 643

... approval and attendant use and bulk variances in accordance with N.J.S.A. 40:55D-70(d)(5)-(6) and N.J.S.A. 40:55D-70(c). Specifically, Brunswick applied for use variance to allow for ... the positive and negative criteria for the requested variances under N.J.S.A. 40:55D-70 and was consistent with the holdings in Randolph Town Ctr ... the variance requests satisfied the positive and negative requirements of N.J.S.A. 40:55D-70. The judge stated that 'the variances requested have minimal impact ... s decision to grant a height variance in accordance with N.J.S.A. 40:55D- 70(d)(6). First, plaintiff maintains that the Board's decision ... criteria. Grasso, 375 N.J. Super. at 48-49 (quoting N.J.S.A. 40:55D-70(d)). 'The standard for establishing special reasons depends on ...

docket:	a1115-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-28
status:	Unpublished
citation:
Document Size:	27762

94 DAVID O. WITHEROW v. BURLINGTON TOWNSHIP PLANNING BOARD -- rank: 640

... and the purpose of the zone plan and zoning ordinance. N.J.S.A. 40:55D-70. The variance will be upheld if it is supported by ... to depart from the literal requirements of a zoning ordinance." N.J.S.A. 40:55D-70. Thus, as mentioned, N.J.S.A. 40:55D-51b ...

docket:	a2488-08
court:	superior court appellate division
decided:	2010-07-29
status:	unpublished
citation:
Document Size:	80362

95 ERIK C. DIMARCO v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF EDGEWATER -- rank: 640

... Specifically, the new application sought: a use variance pursuant to N.J.S.A. 40:55D-70(d)(1); a floor-area-ratio (FAR) variance pursuant to N.J.S.A. 40:55D-70(d)(4); and a height variance pursuant to N.J.S.A. 40:55D- 70(d)(6). II The board heard testimony and argument about ... views of the New York City skyline. Cliffside Park emphasizes N.J.S.A. 40:55D-70(d)(6), which allows variances for structures that exceed the ... structure exceeding the limit set by A-2060-21 17 N.J.S.A. 40:55D-70(d)(6), the applicant 'must [also] show [hardship, or] that ...

docket:	a2060-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-09
status:	Unpublished
citation:
Document Size:	43057

96 RIVERSIDE DEVELOPMENT STUDIES LLC v. NORTH BERGEN BOARD OF ADJUSTMENT -- rank: 637

... had failed to prove its entitlement to variances pursuant to N.J.S.A. 40:55D-70(c) and (d) 'for use, height, and floor area ratio ... in a district restricted against such use or principal structure.' N.J.S.A. 40:55D-70(d); Jacoby, 442 N.J. Super. at 463. 'No variance ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70. According to N.J.S.A. 40:55D-70, a board may grant a variance after an applicant has ...

docket:	a1364-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-14
status:	Unpublished
citation:
Document Size:	38108

97 LARRY PRICE v. OZ HOLDINGS, LLC -- rank: 637

... argued the applicability of various holdings to the issues 1 N.J.S.A. 40:55D-70(c)(1) 2 N.J.S.A. 40:55D-70(d)(1) 7 A-3452-17T2 before the court, including ... for [the Board] to grant the bulk variance pursuant to N.J.S.A. 40:55D-70(c)(1). In . . . Schommer's testimony, he opined there was ... if true, could preclude any entitlement to a variance under N.J.S.A. 40:55D-70(c)(1). See Ketcherick v. Borough of Mountain Lakes Bd ... whether a property owner is entitled to a variance under N.J.S.A. 40:55D-70(c)(1), '[i]t is appropriate to consider first the ... meet the requirements for a (d)(1) use variance. See N.J.S.A. 40:55D- 70(d)(1); see also Himeji, 214 N.J. at ...

docket:	a3452-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-22
status:	Unpublished
citation:
Document Size:	29317

98 LAWRENCE WAINSTEIN v. 8619 HOLDING COMPANY LLC -- rank: 634

... of law. With regard to the height relief sought under N.J.S.A. 40:55D-70(d)(6), the Board noted its findings in the resolution ... grant variances under circumstances defined in the statute itself. 3 N.J.S.A. 40:55D-70(d) provides, in pertinent part, that the Board may: In ... maximum height permitted in the district for a principal structure. [N.J.S.A. 40:55D-70(d)(6).] However, No variance or other relief may be ... and the purpose of the zone plan and zoning ordinance. [N.J.S.A. 40:55D-70(d).] To obtain a 'd' variance, an applicant must satisfy the positive and negative requirements of N.J.S.A. 40:55D-70(d). The statute's positive criteria require an applicant to ... a conforming structure.' Ibid. To meet the negative requirement of N.J.S.A. 40:55D-70(d), an applicant can demonstrate that the proposed structure' ...

docket:	a0424-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	18868

99 CAPE JETTY, LLC, ET AL. VS. CAPE MAY PLANNING BOARD, ET AL. -- rank: 634

... In the 2021 Application, Cape Jetty sought two variances under N.J.S.A. 40:55D-70(c)(2): a parking variance to provide fewer on-site ... A planning board has the power to grant variances under N.J.S.A. 40:55D- 70(c), commonly known as (c)(2) variances. A planning board ... the benefits of the deviation would substantially outweigh any detriment.' N.J.S.A. 40:55D- 70(c)(2). An applicant bears the burden of satisfying both ...

docket:	a1418-22
court:	appellate
decided:	2024-04-04
status:	Unpublished
citation:
Document Size:	45892

100 TEN STARY DOM PARTNERSHIP v. T. BRENT MAURO -- rank: 634

... A VARIANCE FOR FRONTAGE ON AN ISOLATED LOT PURSUANT TO N.J.S.A. 40:55D-70(c)(1) AND (2). II. THE DEFENDANT BOARD FAILED TO ... REQUIREMENT OF THE NEGATIVE CRITERIA IN AN APPLICATION PURSUANT TO N.J.S.A. 40:55D-70(c). i V. THE ULTIMATE RELIEF DIRECTED BY THE COURT ... approvals, requires that the applicant provide adequate drainage supply systems, N.J.S.A. 40:55D-70, governing bulk variances, does not contain such a provision. Mauro ...

docket:	a1083-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-01
status:	unpublished
citation:
Document Size:	39303

101 KINDERKAMACK ROAD ASSOCIATES, LLC v. MAYOR AND COUNCIL OF THE BOROUGH OF ORADELL -- rank: 634

... where the applicant can demonstrate "special reasons" for the variance. N.J.S.A. 40:55D-70(d)(1). This requirement is known as the "positive criteria ... intent and purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). Regarding the positive criteria, the Court has stated that ... criteria required for [the] granting of a variance pursuant to N.J.S.A. 40:55D-70(d)(1). The proposed development and consolidation of Lots 9 ... to satisfy either the positive or the negative criteria under N.J.S.A. 40:55D-70(d): (iv) The Governing Body is not persuaded by the ... positive criteria for the granting of a variance pursuant to N.J.S.A. 40:55D-70(d)(1). The Governing Body appreciates that a residential property ...

docket:	a4453-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	published
citation:	421 N.J. Super. 8 22 A.3d 129
Document Size:	48003

102 ARLENE FITZPATRICK YARBROUGH v. TOWNSHIP OF MILLSTONE -- rank: 632

... positive and negative criteria for a use variance codified in N.J.S.A. 40:55D-70(d), and it granted the use variance. The resolution also ... circumstances. Local boards of adjustment may grant use variances under N.J.S.A. 40:55D-70(d)(1) where the applicant proves both 'special reasons,' otherwise ... Adjustment of Wall, 127 N.J. 152, 156 (1992) (quoting N.J.S.A. 40:55D-70(d)). Plaintiff argues the trial court erred in upholding the ... and zoning ordinance.' Price, 214 N.J. at 286 (quoting N.J.S.A. 40:55D-70). The showing required to satisfy the first prong of the ... opined the use variance could be granted without 'substantial detriment.' N.J.S.A. 40:55D-70. He explained there would be limited visibility of the proposed ...

docket:	a4690-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-01
status:	Unpublished
citation:
Document Size:	52206

103 636 INMAN, L.L.C. v. TOWNSHIP OF WOODBRIDGE ZONING BOARD OF ADJUSTMENT -- rank: 632

... approximately 150 children. Plaintiff needed a use variance pursuant to N.J.S.A. 40:55D-70(d)(1), and also bulk variances pursuant to N.J.S.A. 40:55D-70(c) for impervious and landscape coverage of the lot. At ... and the purpose of the zone plan and zoning ordinance . [ N.J.S.A 40:55D-70 (emphasis added).] The "special reasons" requirement for the granting of ... disagree with that conclusion. Plaintiff satisfied the positive criteria of N.J.S.A 40:55D-70(d). The Law Division correctly concluded that N.J.S ...

docket:	a2997-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-05
status:	unpublished
citation:
Document Size:	41288

104 LARRY PRICE v. 636 37th STREET, L.L.C. -- rank: 629

... The applicant filed an application with the Board, pursuant to N.J.S.A. 40:55D-70(d) of the Municipal Land Use Law (MLUL), seeking variances ... Price contended that the project required a prohibited use variance, N.J.S.A. 40:55D-70(d)(1), not a conditional use variance, N.J.S.A. 40:55D-70(d)(3), because the six-unit building was not a ... provide separate special reasons for a density use variance under N.J.S.A. 40:55D-70(d)(5). Defendants answered that the Board employed the proper ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. The grant of a use variance "requires proof of both ... determined that the applicant had satisfied its statutory burden under N.J.S.A. 40:55D-70(d). The decision was not arbitrary, capricious, or unreasonable. ...

docket:	a3530-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-31
status:	unpublished
citation:
Document Size:	24363

105 THE SALT & LIGHT COMPANY, INC. v. WILLINGBORO TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 629

... II. An application for a use variance is governed by N.J.S.A. 40:55D-70(d), which provides in pertinent part: The board of adjustment ... zone plan and zoning ordinance. The "special reasons" requirement of N.J.S.A. 40:55D-70(d) is referred to as the "positive" criterion for a ... a proposed inherently beneficial use satisfies the negative criteria of N.J.S.A. 40:55D-70(d): First, the Board should identify the public interest at ... at 166-67. Five years after Sica , the Legislature amended N.J.S.A. 40:55D-70 by adding a clause which specifically states that the negative ... this amendment, the first sentence of the final paragraph of N.J.S.A. 40:55D-70 now states: No variance or other relief may be granted ... this article by Professor Cox, that the 1997 amendment of N.J.S.A. 40:55D-70 "substantially codifie[d] the Sica balancing test[,]" and that ...

docket:	a3393-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	published
citation:	423 N.J. Super. 282 32 A.3d 225
Document Size:	32429