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151 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status:	Unpublished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

152 The Stop & Shop Supermarket Company v. The Board of Adjustment of the Township of Springfield -- rank: 574

... s determination. S&S appealed to the Board pursuant to N.J.S.A. 40:55D-70 (a) and (b) of the Municipal Land Use Law, contending ... powers doctrine, N.J.S.A. 40:55D-20 and N.J.S.A. 40:55D-70, the issue of whether S&S's intended use of ...

docket:	a-92-98
court:	njsupreme
decided:	2000-02-09
status:
citation:	162 N.J. 418
Document Size:	83979

153 ENZIO COLUMBRO v. LEBANON TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 572

... a specification or standard . . . pertaining solely to a conditional use[.]" N.J.S.A. 40:55D-70(d)(3). The MLUL defines a "conditional use" as a ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d)(3).] In Coventry Square, Inc. v. Westwood Zoning Board ... can be granted "without substantial detriment to the public good," N.J.S.A. 40:55D-70, the focus is on the effect on surrounding properties of ... intent and purpose of the zone plan and zoning ordinance," N.J.S.A. 40:55D-70(d), the board of adjustment must be satisfied that the ...

docket:	a4558-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-23
status:	published
citation:	424 N.J. Super. 501 38 A.3d 675
Document Size:	52765

154 ALAN VINEGRAD v. DOUGLAS MILLER -- rank: 572

... alternate proposals showed that the Millers' application failed to satisfy N.J.S.A. 40:55D- 70, and the Board's decision was unreasonable, arbitrary, and capricious ... carefully considered the requirements of the MLUL and, in particular, N.J.S.A. 40:55D-70. Thus, the court found that the Board's conclusion that ... Millers satisfied the positive and negative criteria warranting relief under N.J.S.A. 40:55D-70(c) and (d) was supported by substantial, credible evidence. In ... and exceptional situation uniquely affecting a specific piece of property[.]' N.J.S.A. 40:55D-70(c)(1). The MLUL does not state that the applicant ...

docket:	a0896-15
court:	NJ Superior Court Appellate Division
decided:	2019-03-12
status:	Unpublished
citation:
Document Size:	21906

155 AB JC INVESTMENTS LLC,1 v. BOROUGH OF FRANKLIN LAKES ZONING BOARD OF ADJUSTMENT -- rank: 572

... the multi-family structures in the single-family residential zone, N.J.S.A. 40:55D-70(d)(1), and a bulk variance because the total proposed land coverage exceeded the permissible 20%, N.J.S.A. 40:55D-70(c). 2 Plaintiff bifurcated its use variance and site plan ... positive criteria required for obtaining a land use variance under N.J.S.A. 40:55D-70(d)(1). "[M]unicipalities are authorized to impose conditions on ... applicant can demonstrate 'special reasons' for the variance." Ibid. (quoting N.J.S.A. 40:55D-70(d)(1)). "This requirement is known as the 'positive criteria ...

docket:	a2022-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	31124

156 Northgate Condominium Association, Inc. v. Borough of Hillsdale Planning Board -- rank: 572

... through an application to the Zoning Board of Adjustment, see N.J.S.A. 40:55D-70(d) (defining powers of Zoning Board to grant use variances ...

docket:	A-5-11
court:	NJ Supreme Court
decided:	2013-05-13
status:
citation:	214 N.J. 120 68 A.3d 292
Document Size:	96278

157 JESSE ROSENBLUM v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF CLOSTER -- rank: 569

... Woo Kum Kang (Kang) for a "c" variance pursuant to N.J.S.A. 40:55D-70(c) to expand a nonconforming building on her property, and ... prejudice. The Board of Adjustment reviewed the appeal pursuant to N.J.S.A. 40:55D-70(a) and –70(b). It determined that the buildings ... the expansion of a nonconforming structure requiring a variance under N.J.S.A. 40:55D-70(c). Additionally, he argues that the addition constitutes the expansion ... of a nonconforming use , necessitating an enhanced-vote variance under N.J.S.A. 40:55D-70(d)(2). The Board of Adjustment and Kang contend that ...

docket:	a3014-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	26381

158 111 10TH AVENUE ASSOCIATES v. BOROUGH OF BELMAR ZONING BOARD OF ADJUSTMENT -- rank: 569

... the denial of its application for a conditional use variance, N.J.S.A. 40:55D-70(d)(3), by defendant Zoning Board of Adjustment of the ... would need a unanimous vote to secure its variances. See N.J.S.A. 40:55D-70(d). Plaintiff's counsel's illness prevented the hearing from ... 13 To establish entitlement to a conditional use variance under N.J.S.A. 40:55D-70(d)(3), an applicant must establish special reasons or positive ... purpose of the zone plan and zoning ordinance.'' Ibid. (quoting N.J.S.A. 40:55D-70(d)). The Court has instructed the focus here 'is on ...

docket:	a0456-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-12
status:	Unpublished
citation:
Document Size:	40916

159 JACK'SFRIENDLY SERVICE INC. v. TOWNSHIP OF FAIRFIELD ZONING BOARD OF ADJUSTMENT -- rank: 569

... intent and purpose of the zone plan and the ordinance.' N.J.S.A. 40:55D-70(d). Plaintiffs argued J&J failed to satisfy the enhanced ... 59 N.J. Super. 189, 201 (App. Div. 1960)). Under N.J.S.A. 40:55D-70(d), a board of adjustment has the power to: In ... the positive criteria — why the variance should be granted. N.J.S.A. 40:55D-70(d)(1). 'Special reasons' are those that promote the general ... and zoning ordinance.' Price, 214 N.J. at 286 (quoting N.J.S.A. 40:55D-70). As explained by the Court in Price: The showing required ...

docket:	a0433-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-23
status:	unpublished
citation:
Document Size:	58172

160 A-0ROBERT SHINN, ROXANE SHINN, BERT MCKAY, ERIC O'DELL, MEGAN ZEIGLER JEFF KIMLER, FRED ROBINSON and WINSOR YAMAMOTO v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CHERRY HILL and BUCKINGHAM PARTNERS LLC - July 24, 2015 -- rank: 566

... or [ten percent] the maximum height permitted in the district." N.J.S.A. 40:55D-70(d)(1) and (6). A variance may be granted "[i ... the public good and without substantially impairing the zoning plan. N.J.S.A. 40:55D-70(d). We have considered these arguments in light of the ... that the project met the positive and negative criteria of N.J.S.A. 40:55D-70. Citing provisions of N.J.S.A. 40:55D-2 ... zoning ordinance. [ Price , supra , 214 N.J. at 286 (quoting N.J.S.A. 40:55D-70) (citations omitted).] The Board concluded that the development would not ...

docket:	a2920-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	39719

161 NORTHGATE CONDOMINIUM ASSOCIATION, INC v. BOROUGH OF HILLSDALE PLANNING BOARD -- rank: 566

... Div. 1998) (citing N.J.S.A. 40:55D-60; N.J.S.A. 40:55D-70(c)), aff’d , 321 N.J. Super. 355 , certif. denied ...

docket:	a1042-09
court:	superior court appellate division
decided:	2011-01-24
status:	unpublished
citation:
Document Size:	75285

162 HARTLAND GOLF AND ARCADE v. WAINWRIGHT AMUSEMENTS -- rank: 566

... Wainwright applied to the Board, seeking a use variance under N.J.S.A. 40:55D-70(d)(1), to remodel the abandoned CVS pharmacy building located ... in a district restricted against such use or principal structure.' N.J.S.A. 40:55D-70(d)(1). The burden on the applicant to show 'special ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70. 'This is sometimes referred to as one of the 'negative ... restricted against such use or principal structure' for special reasons. N.J.S.A. 40:55D-70(d)(1) (emphasis added). The Board also noted that several ...

docket:	a1520-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-11
status:	Unpublished
citation:
Document Size:	59905

163 H. CHRISTINA CHEN-OSTER v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 566

... ship v. Mauro, 216 N.J. 16, 29 (2013) (citing N.J.S.A. 40:55D-70(c)(1)) (emphasis added). 'Such exceptional conditions may include the ... extraordinary or exceptional feature unique to the property.' Ibid. (citing N.J.S.A. 40:55D-70(c)(1)). 'In addition, an applicant for a (c)(1 ... also addressed and rejected plaintiffs' request for relief pursuant to N.J.S.A. 40:55D-70(c)(2). That section of the MLUL permits a variance ... of plaintiffs' property, its 'shape,' 'topographic conditions' and 'physical features,' N.J.S.A. 40:55D- 70(c)(1), remained unchanged from 2009 when the Board specifically ... plaintiffs' placement of the barn/garage was the critical issue. N.J.S.A. 40:55D-70(c)(1). In this regard, we add that in Hawrylo ...

docket:	a0037-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-11
status:	Unpublished
citation:
Document Size:	30531

164 211 ROUTE 17 SOUTH, LLC. VS. BOROUGH OF HASBROUCK HEIGHTS PLANNING BOARD\/LAND USE BOARD, ET AL. -- rank: 564

... The Board noted its jurisdiction over the application pursuant to N.J.S.A. 40:55D-70 and stated it accepted and considered the Board's engineer ... Ferry Planning Bd., 208 N.J. 95, 101 (2011). Under N.J.S.A. 40:55D-70(d), a municipal land use board has the power '[i ... and zoning ordinance.' Price, 214 N.J. at 286 (quoting N.J.S.A. 40:55D-70).2 With respect to the second prong, in Medici, the ...

docket:	a0432-22
court:	appellate
decided:	2024-04-29
status:	Unpublished
citation:
Document Size:	40052

165 DANIEL J. ROE v. PLANNING BOARD OF THE BOROUGH OF MONTVALE -- rank: 564

... of an anchor store due to the "and/or" language. N.J.S.A. 40:55D-70(d) provides in pertinent part that the Board may, "[i ... MDA failed to meet the criteria for a variance under N.J.S.A. 40:55D-70(c)(2). To obtain the (c)(2) variance, MDA had ...

docket:	a3564-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-10
status:	unpublished
citation:
Document Size:	62502