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166 WILLIAM H. JOHNSON, JR v. DOWNE TOWNSHIP -- rank: 561

... the Board's denial of a variance to plaintiff under N.J.S.A. 40:55D-70(c)(1) sought on alleged hardship grounds, but remanded the ... for variance relief under the positive and negative criteria of N.J.S.A. 40:55D-70(c)(2). After reconsidering the matter on remand and better ... would be positively "advanced" by granting him variance relief. See N.J.S.A. 40:55D-70(c)(2). Plaintiff has not shown, under the positive criteria ...

docket:	a4403-13
court:	NJ Superior Court Appellate Division
decided:	2016-12-07
status:	unpublished
citation:
Document Size:	39519

167 D. LOBI ENTERPRISES, INC. v. PLANNING/ZONING BOARD OF THE BOROUGH OF SEA BRIGHT -- rank: 561

... board of adjustment is necessary to grant a "d" variance. N.J.S.A. 40:55D-70 was being amended in order to, among other things, "clarify ... from present legislation and, in effect, add a provision to N.J.S.A. 40:55D-70(d)"). As Cox has explained, presumably one reason the Legislature ...

docket:	a5718-07
court:	superior court appellate division
decided:	2009-07-31
status:	published
citation:	408 N.J. Super. 345 974 A.2d 1134
Document Size:	36928

168 ALFIERI-OLD BRIDGE ASSOCIATES, LLC. v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF OLD BRIDGE -- rank: 558

... of adjustment of a variance pursuant to subsection d. of [ N.J.S.A. 40:55D-70]." I bi d. See also Michelotti Realty Co. v. Zoning ...

docket:	A1644-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-29
status:	unpublished
citation:
Document Size:	70327

169 MAHWAH BP, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MAHWAH -- rank: 558

... order reversing its denial of a conditional use variance under N.J.S.A. 40:55D-70(d)(3)1 to plaintiff Mahwah BP, LLC, for outdoor ... 1965). To establish entitlement to a conditional use variance under N.J.S.A. 40:55D-70(d)(3), an applicant must establish 'that the site will ... zoning ordinance.'' Coventry Square, 138 N.J. at 299 (quoting N.J.S.A. 40:55D-70(d)). The Court has instructed the focus here 'is on ...

docket:	a1675-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-04
status:	Unpublished
citation:
Document Size:	39776

170 JOHN THOMPSON v. MANSFIELD TOWNSHIP -- rank: 555

... maintainable because plaintiffs failed to exhaust their administrative remedies under N.J.S.A. 40:55D-70 by first appealing the Zoning Officer's decision to the ... reconsideration. Plaintiffs argue there were no administrative remedies available, and N.J.S.A. 40:55D-70 does not provide an appropriate remedy against a municipality. Plaintiffs ... on or made in the enforcement of the zoning ordinance[.]' N.J.S.A. 40:55D-70(a) (emphasis added). A formal determination from the administrative officer ... warranted judicial determination. Given that 13 A-4087-15T 4 N.J.S.A. 40:55D-70(a) and N.J.S.A. 40:55D-72(a ...

docket:	a4087-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-20
status:	unpublished
citation:
Document Size:	45769

171 ELRAY OUTDOOR CORPORATION v. BOARD OF ADJUSTMENT OF THE CITY OF ENGLEWOOD -- rank: 555

... had been one for a conditional-use variance, pursuant to N.J.S.A. 40:55D-70(d)(3), from the ordinance as modified by our holding ... adjustment for a conditional-use variance under the standards of N.J.S.A. 40:55D-70(d). Coventry Square, Inc. v. Westwood Zoning Bd. of Adjustment ... 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:	a4627-07
court:	NJ Superior Court Appellate Division
decided:	2009-09-08
status:	unpublished
citation:
Document Size:	63307

172 MAXX-ROXX, LLC v. THE PLANNING BOARD OF THE CITY OF MARGATE -- rank: 555

... or dimensional provision of a zoning ordinance is governed by N.J.S.A. 40:55D-70(c). Subsection 70(c)(1) permits a variance when strict ... exceptional hardship because of the characteristics of the subject property. N.J.S.A. 40:55D-70(c)(1). 'Undue hardship refers solely to the particular physical ... 562, 590 (2005). An applicant who pursues a variance under N.J.S.A. 40:55D-70(c)(1) must establish that the conditions of the property ...

docket:	a0572-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-30
status:	Unpublished
citation:
Document Size:	41286

173 BOROUGH OF SADDLE RIVER v. 66 EAST ALLENDALE, LLC -- rank: 553

... can be granted for the improved lot coverage as a [ N.J.S.A. 40:55D-70]c(2) variance. 1) the application would relate to the ... 61% to 80%, and that in such a situation, "a [ N.J.S.A. 40:55D-70]c(2) argument [could be advanced] wherein stormwater detention facilities ...

docket:	a2886-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-26
status:	published
citation:	424 N.J.Super. 516 38 A.3d 686
Document Size:	81764

174 ST. PAUL'S OUTREACH, INC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE -- rank: 550

... variance that plaintiff sought for its residential property pursuant to N.J.S.A. 40:55D-70(d)(3) (d(3) variance). Having concluded plaintiff's presentation ... principles governing a conditional use variance are set forth in N.J.S.A. 40:55D-70(d), which grants a board of adjustment the power to ... and the purpose of the zone plan and zoning ordinance. [N.J.S.A. 40:55D-70(d).] These statutory provisions embody what are routinely referred to ... seek relief for a pre-existing non- conforming use. See N.J.S.A. 40:55D-70(d)(2). Neither plaintiff's application nor its public notice ...

docket:	a0264-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-28
status:	Unpublished
citation:
Document Size:	45886

175 OCEAN REEF CONDO, LLC v. HADDAD 228 LONG BRANCH LLC -- rank: 550

... 1 and 2, Haddad must obtain a use variance under N.J.S.A. 40:55D-70(d) from the city's Zoning Board of Adjustment ("the ... Zoning Board") as opposed to only a bulk variance under N.J.S.A. 40:55D-70(c)(1) or (c)(2). 2 Haddad maintains that no ... appropriate separation between commercial uses , and it [thus requires] a [ N.J.S.A. 40:55D-70(c)] [bulk] variance. 17. The Board concludes that Section 345 ...

docket:	a2119-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-06
status:	unpublished
citation:
Document Size:	33635

176 A-3406-12T3 HENRY MCNAMARA AND JOAN MCNAMARA, his wife v. TOWNSHIP OF WYCKOFF PLANNING BOARD and ALDO'S ITALIAN RESTAURANT, INC - WYCKOFF SHOPPING CENTER, INC v. TOWNSHIP OF WYCKOFF PLANNING BOARD and ALDO's ITALIAN RESTAURANT, INC - -- rank: 547

... s Italian Restaurant, Inc. ("Aldo's"), certain variances pursuant to N.J.S.A. 40:55D-70(c)(2) ("(c) variances"). 1 Plaintiffs first assert a procedural ... the application required the grant of a variance pursuant to N.J.S.A. 40:55D-70(d) ("(d) variance"), and only the Zoning Board of Adjustment ... to [serve] Wyckoff's residents. The criteria set forth in [ N.J.S.A. 40:55D-70(c)(2)] [are] satisfied. The benefits of an improved, currently ... c) variances. N.J.S.A. 40:55D-60(a). " N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, if ...

docket:	a3167-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	42209

177 E.H.C.S., LLC v. EAST HANOVER LAND USE PLANNING BOARD -- rank: 547

... the body shop business. That application was made pursuant to N.J.S.A. 40:55D-70(b), which empowers boards of adjustment to "[h]ear and ... existing nonconforming forming use; and (2) an application pursuant to N.J.S.A. 40:55D-70(b) 4 for an interpretation of the 1973 use variance ... a planning board and a zoning board of adjustment. 2 N.J.S.A. 40:55D-70(d)(1). 3 Section 68 permits any person "interested in ...

docket:	a4320-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	28226

178 MICHAEL TRACHTENBERG v. SGS DEVELOPMENT, LLC -- rank: 547

... 4 The development application required several (d)-type variances under N.J.S.A. 40:55D-70(d), including a (d)(5) density variance, a (d)(6 ... stories. At least six dimensional variances were also required under N.J.S.A. 40:55D-70(c), plus the project violated several provisions of Edgewater's ... Adjustment is the principal arbiter of Edgewater's zoning ordinance. N.J.S.A. 40:55D-70(b). Nevertheless, "[a]lthough courts defer to the expertise of ... s density was approximately twenty-six units per acre. 5 N.J.S.A. 40:55D-70(d)(1) provides for a special reasons variance "to allow ...

docket:	a5795-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-01
status:	unpublished
citation:
Document Size:	42183

179 HOPE AND COMFORT, A NEW JERSEY NON-PROFIT CORPORATION v. EGG HARBOR TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 547

... plaintiff must submit a site plan application for approval. See N.J.S.A. 40:55D-70(a) (granting the board of adjustment the power to "[h ... The resolution contained the Board's findings that pursuant to [ N.J.S.A. ] 40:55D-70(b) [] the ordinances of . . . [the] Township do not permit the ...

docket:	a4286-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-19
status:	Published
citation:
Document Size:	25301

180 Redwood LLC v. West Orange Township -- rank: 547

... to each unit.” The site plan application sought bulk ( N.J.S.A. 40:55D-70(c)(1) and (c)(2)) and use ( N.J.S.A. 40:55D-70(d)) variances and stated that “[a]pproval for a ... a luxury residential rental community.” That application sought bulk ( N.J.S.A. 40:55D-70(c)(1) and (c)(2)) and use ( N.J.S.A. 40:55D-70(d)) variances and stated that “[a]pproval for a ...

docket:	004966-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-02
status:	Unpublished
citation:
Document Size:	49130