Search Rutgers Law Library N.J. Court Opinions

106 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status:	Unpublished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

107 636 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status:	unpublished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

108 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

109 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

110 LARRY PRICE v. 414 9th STREET ASSOCIATES INC. and UNION CITY ZONING BOARD OF ADJUSTMENT - -- rank: 626

... the Board), seeking site plan approval and variances pursuant to N.J.S.A. 40:55D-70(d), for property located at 414 9th Street in Union ... applied for the variances, specifically, a d(2) variance, see N.J.S.A. 40:55D-70(d)(2), permitting the expansion of the non-conforming use ... feet, defendant also sought a d(5) density variance. See N.J.S.A. 40:55D-70(d)(5). Valella testified that the renovated basement apartment would ... 117 N.J. 376 , 384 (1990), the judge noted that N.J.S.A. 40:55D-70(d) permitted the Board to grant a variance expanding a ... supra , 117 N.J. at 384-85 (in turn quoting N.J.S.A. 40:55D-70(d)). The judge noted that "[t]o determine whether 'special ... zoning ordinance[.]'" Price , supra , 214 N.J. at 286 (quoting N.J.S.A. 40:55D-70) (citations omitted). Plaintiff concedes there was sufficient proof as ...

docket:	a2665-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	29282

111 /usr/local/share/www/libweb/collections/courts/appellate/a0585-18.opn.html -- rank: 626

... for its bulk variance under paragraph 1 or 2 of N.J.S.A. 40:55D-70(c). She also contends the Board demonstrated bias toward her ... arbitrarily and capriciously in granting the side yard variance under N.J.S.A. 40:55D-70(c)(1) and (c)(2). AutoZone sought its variance under ... and exceptional practical difficulties to, or exceptional and undue hardship.' N.J.S.A. 40:55D-70(c)(1). And it sought its variance under (c)(2 ... the benefits of the deviation would substantially outweigh any detriment.' N.J.S.A. 40:55D- 70(c)(2). A variance under (c)(1) or (c)(2 ... Bd. of Adjustment, 160 N.J. 41, 57 (1999) (quoting N.J.S.A. 40:55D-70(d)). Here, the record supported the Board's finding that ...

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112 HERITAGE AT TOWNE LAKE, LLC v. PLANNING BOARD OF THE BOROUGH OF SAYREVILLE -- rank: 623

... zoning ordinance. The foregoing is the same criteria contained in N.J.S.A . 40:55D-70, generally referred to as the negative criteria. Once the conversion ... they are located. The term “use variance” refers to N.J.S.A . 40:55D-70(d)(1), and the term “other d variance” refers to N.J.S.A . 40:55D-70(d)(2) through (6) inclusive. If the density exceeds that ...

docket:	l-2522-10
court:	NJ Superior Court Law/Chancery Division
decided:	2011-09-09
status:
citation:	422 N.J. Super. 75 26 A.3d 1071
Document Size:	35570

113 STYLIANOS STOUPAS v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF EDISON -- rank: 623

... that Blueberry satisfied the positive and negative criteria embodied in N.J.S.A. 40:55D-70(d). In particular, the Board concluded there was a need ... it failed to meet the positive and negative criteria under N.J.S.A. 40:55D-70(d). We disagree. "[W]hen reviewing the decision of a ... satisfy both the so-called positive and negative criteria of N.J.S.A. 40:55D-70(d). See New Brunswick Cellular Tel. Co. v. Borough of ... 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 ... to establish the positive criteria that special reasons existed under N.J.S.A. 40:55D-70(d), and thus it did not sustain the requisite burden ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). A proponent of a non-inherently beneficial commercial ...

docket:	a3469-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-09
status:	unpublished
citation:
Document Size:	29724

114 HYER Builders, LLC v. Township OF Middletown Planning Board -- rank: 621

... that plaintiff had sought for a residential parcel pursuant to N.J.S.A. 40:55D-70(c)(2). For the reasons set forth in this opinion ... J. 216 , 229 (1994). Here, the relevant MLUL provision is N.J.S.A. 40:55D-70(c)(2), which prescribes that: [W]here in an application ... and of annual reports and recommendations from boards of adjustment, N.J.S.A. 40:55D-70.1, help to ensure government by ordinance and not by ... if the stringent site-specific positive and negative criteria of N.J.S.A. 40:55D-70(c)(2) are fulfilled. In attempting to prove that its ... 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 the ...

docket:	a1644-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-10
status:	unpublished
citation:
Document Size:	35101

115 CHERYL D. MCGINLEY v. THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF SEA ISLE CITY -- rank: 618

... pursuant to subsections c(1)(c) and c(2) of N.J.S.A. 40:55D-70, a provision of the Municipal Land Use Law (MLUL), N ... law. The Board also relied on subsection c(2) of N.J.S.A. 40:55D-70, which applies when a variance will provide a benefit that ... Board approved these bulk variances pursuant to subsection c of N.J.S.A. 40:55D-70. Relying on subsections c(1)(c) and c(2), the ... 1991) (discussing subsection c(1)(c), which was added to N.J.S.A. 40:55D-70 by L. 1984, c. 20, § 12). An owner's ...

docket:	a3532-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-26
status:	unpublished
citation:
Document Size:	33829

116 /usr/local/share/www/libweb/collections/courts/appellate/a1287-20.opn.html -- rank: 615

... positive criteria' and 'negative criteria' for a use variance under N.J.S.A. 40:55D-70(d) and Medici v. BPR Co., 107 N.J. 1 ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d) (emphasis added).] A-1287-20 11 The grant of ... that special reasons exist to grant the use variance. See 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 burdens involved in making this showing were substantially ...

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117 THEODORE GAYDOS v. MONROE TOWNSHIP BOARD OF ADJUSTMENT -- rank: 615

... review of the trial court's decision is de novo. " N.J.S.A. 40:55D-70(d) governs the applications for 'use' or 'd' variances." Smart ... in a district restricted against such use or principal structure." N.J.S.A. 40:55D-70(d)(1). A (d)(2) variance permits "an expansion of a nonconforming use." N.J.S.A. 40:55D-70(d)(2). The grant of a use variance requires the ... full authorized membership, in the case of a regional board . . . ." N.J.S.A. 40:55D-70(d). An applicant must "prove both positive and negative criteria ... plan and zoning ordinance.'" Ibid. This test is codified in N.J.S.A. 40:55D-70(d). The enhanced-proof standard likewise does not apply to expansions of existing nonconforming uses, pursuant to N.J.S.A. 40:55D-70(d)(2). Burbridge v. Mine Hill , 117 N.J. ...

docket:	a4633-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-24
status:	unpublished
citation:
Document Size:	47296

118 /usr/local/share/www/libweb/collections/courts/appellate/a3387-19.opn.html -- rank: 615

... top deck and green roof. Garfield sought variances pursuant to N.J.S.A. 40:55D-70(c) and (d) for the: number of units; height of ... property . Garfield's application addressed the 'positive' and 'negative' criterion, N.J.S.A. 40:55D-70(c)(1) and N.J.S.A. 40:55D-70(d), arguing the benefits of the proposed project substantially outweighed ... POSITIVE AND NEGATIVE CRITERIA REQUIRED FOR A USE VARIANCE UNDER N.J.S.A. 40:55D-70(d)(1). POINT II: THE COURT BELOW COMMITTED REVERSIBLE ERROR ... the Resolution for failure to grant a density variance under N.J.S.A. 40:55D-70(d)(5). POINT III: THE COURT BELOW COMMITTED REVERSIBLE ERROR ...

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119 DANIEL MOTLEY v. BOROUGH OF SEASIDE PARK ZONING BOARD OF ADJUSTMENT -- rank: 615

... property-specific use variance, under the standards set forth in N.J.S. A. 40:55D-70(d). Ibid. Such remedial measures are appropriately authorized by local ... affirming a zoning board's�grant of a variance under N.J.S.A. 40:55D-70(c) which imposed a number of restrictions on the applicant ... J. 376 (1990) (similarly affirming a conditional variance grant under N.J.S.A. 40:55D-70(d)); see also N.J.S.A. 40:55D-18 ...

docket:	a3214-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	published
citation:	430 N.J.Super. 132 62 A.3d 908
Document Size:	59997

120 PL SQUARED, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HOPEWELL -- rank: 613

... of Hopewell (the Board) denying plaintiff's application seeking a N.J.S.A. 40:55D-70(d)(1) use variance and various N.J.S.A. 40:55D-70(c)(1) bulk variances. There exists substantial credible evidence in ... use variance application. Applicants seeking a use variance pursuant to N.J.S.A. 40:55D-70(d)(1) must show positive and negative criteria. Medici v ... As to the positive criteria, plaintiff must show "special reasons." N.J.S.A. 40:55D-70(d). Such an obligation may be established when (1) "'the ... regulations. Price , supra , 214 N.J. at 286 (2013) (quoting N.J.S.A. 40:55D-70). The first element "focuses on the effect that granting the ... Board also denied plaintiff's application for various bulk variances. N.J.S.A. 40:55D-70(c), which generally authorizes the Board to grant bulk ...

docket:	a5104-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-26
status:	unpublished
citation:
Document Size:	20348