Search Rutgers Law Library N.J. Court Opinions

136 TOWERNORTH DEVELOPMENT LLC, v. SHAMONG TOWNSHIP JOINT LAND USE BOARD -- rank: 591

... respects. Therefore, plaintiffs sought a 'd-1' variance pursuant to N.J.S.A. 40:55D-70(d)(1) because the cell tower would be a second ... use on the property; a 'd-3' variance pursuant to N.J.S.A. 40:55D-70(d)(3) because the property was not a publicly owned land, and a bulk 'c' variance pursuant to N.J.S.A. 40:55D-70(c) because the cell tower's concrete pad exceeded the ... for granting the variance under the Municipal Land Use Law, N.J.S.A. 40:55D-70(d)(1). These special reasons are referred to as the ... the zone planning and A-3577-21 18 zoning ordinance.' N.J.S.A. 40:55D-70(d). An applicant has the additional 'enhanced quality of proof ...

docket:	a3577-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-02
status:	Unpublished
citation:
Document Size:	37062

137 T-MOBILE NORTHEAST L.L.C. v. ZONING BOARD OF ADJUSTMENT of the BOROUGH OF NEW MILFORD -- rank: 591

... negative criteria required to obtain a use variance pursuant to N.J.S.A. 40:55D-70(d), and the positive criteria "far outweigh the negative." The ... plaintiff had requested issuance of a use variance pursuant to N.J.S.A. 40:55D-70(d). The statute provides that a variance may issue "[i ... purpose of the zone plan and zoning ordinance." Ibid. Although N.J.S.A. 40:55D-70(d) does not require a balancing of the positive and ... 107 N.J. 1 , 22 n.12 (1987)). Indeed, under N.J.S.A. 40:55D-70(d), only a "'substantial'" detriment will support the denial of ... the general welfare and thereby satisfies the positive criteria under N.J.S.A. 40:55D-70(d), provided the use is particularly suited to the proposed ... found that plaintiff did not satisfy the negative criteria under N.J.S.A. 40:55D-70(d) because it failed to employ the most effective ...

docket:	a3068-09
court:	superior court trial
decided:	2011-02-22
status:	unpublished
citation:
Document Size:	18957

138 MARY SCHEIBELHOFFER v. BRICK TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 588

... size and configuration gave rise to a hardship pursuant to N.J.S.A. 40:55D-70(c)(1) of the Municipal Land Use Law ('MLUL'), it ... any hardship was self-created. Analyzing the application pursuant to N.J.S.A. 40:55D-70(c)(2), the Board found that plaintiffs failed to establish ... lot size and shape created a hardship as defined by N.J.S.A. 40:55D-70(c)(1) of the Municipal Land Use Law ('MLUL'). Specifically ... The statutory authority for the 'hardship variance' is found in N.J.S.A . 40:55D-70(c)(1), which states, Where: (a) by reason of exceptional ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d). See also Nash, 96 N.J. at 102.] A ... account any hardship posed by the property's configuration . See N.J.S.A. 40:55D-70(c)(2). For that reason, we reverse the trial ...

docket:	a1169-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-08
status:	Unpublished
citation:
Document Size:	21619

139 /usr/local/share/www/libweb/collections/courts/appellate/a2759-18.opn.html -- rank: 588

... of the pre-existing non[]conforming restaurant use pursuant to N.J.S.A 40:55D-70(b) including outdoor eating and drinking' or, in the alternative ... expansion of the pre-existing non[]conforming use pursuant to N.J.S.A. 40:55D-70(d)(2).' Between September 2016 and October 2017, numerous hearings ... to expand the pre-existing nonconforming use for outdoor dining, N.J.S.A. 40:55D-70(d)(2), subject to several conditions and restrictions. Crediting Ryan ... challenge the Board's decision to grant a variance under N.J.S.A. 40:55D-70(d)(2). Rather, plaintiffs narrowly focus on the Board's ...

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140 WORLD WHEAT FOUNDATION, INC v. PLANNING BOARD OF THE TOWNSHIP OF SADDLE BROOK -- rank: 585

... its decision in a February 18, 2014 resolution. Regarding a N.J.S.A. 40:55D-70(c)(1) variance, the resolution provided as follows: 3. The ... provided on the [p]roperty. Therefore, the variance pursuant to N.J.S.A. 40:55D-70(c)(1) should not be granted. Regarding a N.J.S.A. 40:55D-70(c)(2) variance, the resolution provided as follows: 5. The ... that would substantially outweigh the detriment of the deviation. 7. N.J.S.A. 40:55D-70(c)(2) further provides that in order to grant variance ...

docket:	a5716-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-20
status:	unpublished
citation:
Document Size:	56599

141 KEITH FERNANDEZ and LIESEL FERNANDEZ v. TOWNSHIP OF BLOOMFIELD ZONING BOARD OF ADJUSTMENT -- rank: 585

... which were required to obtain the requested (c) variance. See N.J.S.A. 40:55D-70(c) and (d). Judge Giles cited testimony from the neighbors ... plaintiffs contend that they were entitled to several variances under N.J.S.A. 40:55D-70(c)(1). The Municipal Land Use Law authorizes a board ... exceptional and undue hardship upon, the developer of such property. [ N.J.S.A. 40:55D-70(c)(1).] "Undue hardship" focuses "on whether the strict enforcement ... or other relief may be granted under the terms of [ N.J.S.A. 40:55D-70] . . . without a showing that such variance or other relief can ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d).] The requirement that the variance not cause a "'substantial ...

docket:	a5977-07
court:	superior court appellate division
decided:	2010-11-16
status:	unpublished
citation:
Document Size:	30940

142 SIGNATURE COMMUNITIES L.L.C v. BOROUGH OF RED BANK ZONING BOARD OF ADJUSTMENT -- rank: 585

... variance to expand the pre-existing nonconforming use pursuant to N.J.S.A. 40:55D-70(d). Plaintiff also required bulk variances pursuant to N.J.S.A. 40:55D-70(c). Plaintiff's application was reviewed by Richard A. Kosenski ... that the Board erred by denying its application for a N.J.S.A. 40:55D-70(d) variance to expand the pre-existing, nonconforming use because ... may not issue a variance or other relief pursuant to N.J.S.A. 40:55D-70(d) unless there are "special reasons" for the variance and ... argues that it met the positive and negative criteria under N.J.S.A. 40:55D-70(c) for the issuance of variances for parking, floor area ... determination that the Board properly denied the variance sought under N.J.S.A. 40:55D-70(d), we need not address these issues. Affirmed. This ...

docket:	a0942-09
court:	superior court appellate division
decided:	2010-10-21
status:	unpublished
citation:
Document Size:	29858

143 ROBINSON HOLLOWAY v. THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF JERSEY CITY -- rank: 583

... application. II. Plaintiff argues the Board misapplied the criteria under N.J.S.A. 40:55D- 70(d)(6) when it granted the height variance based on ... 10 [C.40:55D-77 et seq.] of this act. [N.J.S.A. 40:55D-70(d).] However, No variance or other relief may be granted ... N.J. Super. 41, 48-49 (App. Div. 2004) (quoting N.J.S.A. 40:55D-70(d). 'The standard for establishing special A-4405-15T4 16 ...

docket:	a4405-15
court:	NJ Superior Court Appellate Division
decided:	2019-10-30
status:	Unpublished
citation:
Document Size:	37844

144 /usr/local/share/www/libweb/collections/courts/tax/15946-09.opn.html -- rank: 583

... granting plaintiff a use variance for the property pursuant to N.J.S.A. 40:55D-70(d). The resolution modifies the uses permissible on the property ...

docket:	15946-09
court:	NJ Tax Court
decided:	2008-10-01
status:	unpublished
citation:
Document Size:	59256

145 BRIAR ROSE GROUP, INC v. PLANNING BOARD OF THE TOWNSHIP OF DENVILLE -- rank: 583

... minor subdivision with associated variances——including hardship variances under N.J.S.A. 40:55D-70(c)(1) from Denville's steep slope ordinance——in ... also have ancillary power to grant a hardship variance under N.J.S.A. 40:55D-70(c)(1) when presented in connection with an application for ... he [MLUL] gives jurisdiction to grant a joint subdivision and N.J.S.A. 40:55D-70(c)-type-variance only to the local planning board." Bridge ... 316 N.J. Super. 451 , 460 (App. Div. 1998) (quoting N.J.S.A. 40:55D-70(c)(1)(b)). To establish the negative criteria, an applicant ... zoning ordinance." Lang , supra , 160 N.J. at 57 (quoting N.J.S.A. 40:55D-70(d)). In this case, the trial court determined that the ...

docket:	a3052-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-18
status:	unpublished
citation:
Document Size:	18141

146 /usr/local/share/www/libweb/collections/courts/appellate/a3562-18.opn.html -- rank: 580

... variance for an outdoor display area and additional signage under N.J.S.A. 40:55D-70(c)(2). Our Supreme Court has stated that: [N]o ... original).] In addition, '[n]o variance . . . may be granted under [N.J.S.A. 40:55D-70(c)(2)] . . . without a showing that such variance . . . can be ... and zoning ordinance.' Lang, 160 N.J. at 57 (citing N.J.S.A. 40:55D-70(d)). Acme failed to present sufficient evidence to support its ... display, Conley testified the application met the positive criteria of N.J.S.A. 40:55D-70(c)(2) because the 'outside display areas will 'liven up ... found the outdoor display areas met the negative criteria of N.J.S.A. 40:55D-70(c)(2) because Acme displayed items in the area in ...

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147 CHAI LIFELINE, INC v. TOWNSHIP OF MAHWAH -- rank: 580

... conjunction with that appeal, Lifeline also sought an interpretation under N.J.S.A. 40:55D-70(b) that Lifeline's use of the property is permitted ... make certain determinations of law. Zoning boards, by virtue of N.J.S.A. 40:55D-70(b), are specifically authorized to interpret the municipal zoning ordinance ... dwelling when it suited the [Board's] denial." We disagree. N.J.S.A. 40:55D-70(d) conferred upon zoning boards the followings powers: In particular ... is sought. Id. at 278. As for the negative criteria, N.J.S.A. 40:55D-70 provides: No variance or other relief may be granted under ...

docket:	a3335-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-02
status:	unpublished
citation:
Document Size:	56019

148 IAN BETZ v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE -- rank: 577

... of a nonconforming use and thus required a variance under N.J.S.A. 40:55D-70(d)(2) of the Municipal Land Use Law (MLUL), N ... that plaintiff's plan qualifies for a use variance under N.J.S.A. 40:55D-70(d)(2) because it has a preexisting nonconforming four-family ... criteria and did not qualify for a use variance under N.J.S.A. 40:55D-70(d)(2). We begin our analysis by reaffirming the legal ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D- 70(d) (emphasis added). Here, the record shows Betz failed to ...

docket:	a3830-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-14
status:	unpublished
citation:
Document Size:	37073

149 LARRY PRICE v. RAUL MIER -- rank: 574

... can be summarized as follows. Mier filed an application under N.J.S.A. 40:55D-70 of the Municipal Land Use Law (MLUL), N.J.S ... the board's authority to grant variances, as specified in N.J.S.A. 40:55D-70, when an applicant satisfies "the so called" positive and negative ... by any conflicting testimony or other evidence. Affirmed. 1 See N.J.S.A. 40:55D-70(d)(2). 2 The proposal called for subdividing previously merged ... use, it is a non-conforming undersized lot. 3 See N.J.S.A. 40:55D-70(d)(6). 4 See N.J.S.A. 40:55D-70(c)(2); N.J.S.A. 40:55D-7(d ...

docket:	a2884-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-06
status:	unpublished
citation:
Document Size:	23040

150 HIGHVIEW HOMES, LLC v. PARAMUS ZONING BOARD OF ADJUSTMENT -- rank: 574

... that plaintiff failed to satisfy the positive criteria embodied in N.J.S.A. 40:55D-70(d) and, therefore, it did not need to examine the ... 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 ... 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 use ...

docket:	a1744-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-21
status:	Unpublished
citation:
Document Size:	24867