Search Rutgers Law Library N.J. Court Opinions

181 JANEK PATEL v. CITY OF SOUTH AMBOY PLANNING BOARD -- rank: 544

... 559. Among other things, DeVimy sought '(c)(2)' variances under N.J.S.A. 40:55D-70(c)(2). That subsection provides, in pertinent part, that: (2 ... departure from regulations pursuant to article 8 of this act . . . . [N.J.S.A. 40:55D-70(c)(2).] As this court explained when construing the Municipal ...

docket:	a3744-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	60890

182 TSI MARLBORO, INC v. TOWNSHIP OF MARLBORO ZONING BOARD OF ADJUSTMENT -- rank: 544

... must show "special reasons" to justify the proposed use variance. N.J.S.A. 40:55D-70(d)(1). As the Court has stated, "'special reasons' takes ... intent and purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). Additionally, proponents of non-inherently-beneficial uses must satisfy ... establish that "special reasons" existed for the proposed use under N.J.S.A. 40:55D-70(d)(1) and thus did not sustain its burden of ...

docket:	a5382-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-17
status:	unpublished
citation:
Document Size:	32961

183 LARRY PRICE v. N.Y. AVENUE, LLC. -- rank: 544

... future application for approval pursuant to subsection (d)(1) of N.J.S.A. 40:55D-70 and Medici v. BPR Co. , 107 N.J. 1 (1987 ... and negative criteria in accordance with subsection (d)(1) of N.J.S.A. 40:55D-70 and Medici . In this case, the Board assessed the application under subsection (d)(3) of N.J.S.A. 40:55D-70 and Coventry Square v. Westwood Zoning Bd. of Adjustment , 138 ... future application for approval based on subsection (d)(1) of N.J.S.A. 40:55D-70. The ordinance does not define "limited multi-family developments." In ...

docket:	a0362-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-07
status:	unpublished
citation:
Document Size:	33021

184 ARTHUR G. CARINE, JR v. PLANNING BOARD OF THE BOROUGH OF MONMOUTH BEACH -- rank: 544

... the Board's grant of a "C(2)" bulk variance, N.J.S.A. 40:55D-70(c)(2). Relying on the Court's opinion in Kaufmann ... the hearing, Fichter is incorrectly identified as "Fischer." 5 See N.J.S.A. 40:55D-70(c)(2). 6 This decision amended the judge's December ...

docket:	a2412-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-08
status:	unpublished
citation:
Document Size:	49491

185 DONALD NUCKEL v. BOROUGH OF LITTLE FERRY -- rank: 544

... kind of buildings or other structure or uses of land . . . ." N.J.S.A. 40:55D-70(d) authorizes a board of adjustment to grant variances from ... not determine what kind of variance would be required under N.J.S.A. 40:55D-70 to deviate from a minimum density regulation. This archive is ...

docket:	a0673-13
court:	superior court trial
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	62104

186 800 SYLVAN AVENUE LLC v. THE PLANNING BOARD OF THE BOROUGH OF ENGLEWOOD CLIFFS -- rank: 544

... plaintiff could demonstrate special reasons required for a variance under N.J.S.A. 40:55D-70(d). When both parties sought reconsideration of the initial order ... major site plan and subdivision approval with variances, pursuant to N.J.S.A. 40:55D- 70(c) and (d). Plaintiff sought to: (1) subdivide the property ... to justify granting of the variances as is required by N.J.S.A. 40:55D-70(c)(2).' Regarding the second proposed parking structure, the Board ... the special reasons required to obtain a variance pursuant to N.J.S.A. 40:55D-70(d)(1)[;]' and (2) 'whether [p]laintiff is entitled to ...

docket:	a2309-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-16
status:	Unpublished
citation:
Document Size:	39396

187 DONALD NUCKEL v. BOROUGH OF LITTLE FERRY -- rank: 544

... kind of buildings or other structure or uses of land . . . ." N.J.S.A. 40:55D-70(d) authorizes a board of adjustment to grant variances from ... not determine what kind of variance would be required under N.J.S.A. 40:55D-70 to deviate from a minimum density regulation. This archive is ...

docket:	a0672-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	62209

188 HENRY YU v. TOMS RIVER PLANNING BOARD TRACIE SCHOELEN and DANA SCHOELEN - -- rank: 544

... be flag lots. They sought a 'hardship' variance pursuant to N.J.S.A. 40:55D-70(c), claiming it was the property's 'unique shape and ... properly apply the doctrine of self-created hardship. We agree. N.J.S.A. 40:55D-70(c)(1),2 is the provision of the Municipal Land ... the Board could have alternatively granted the variance pursuant to N.J.S.A. 40:55D-70(c)(2), requires only brief comment. See R. 2:11 ... sustained the grant of a subdivision with bulk variances under N.J.S.A. 40:55D- 70(c)(2), for a reason not articulated by the Board ...

docket:	a0203-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-18
status:	unpublished
citation:
Document Size:	37186

189 NEWSTEAD HOLMDEL HOA v. HAZLET TOWNSHIP LAND USE BOARD and GODE HOTELS, LLC - -- rank: 542

... defendant Gode Hotels, LLC (Gode) for a use variance, see N.J.S.A. 40:55D-70(d)(1), multiple bulk variances, and subdivision and preliminary site ... reasons'' for a height variance for the new hotel, see N.J.S.A. 40:55D-70(d)(6), the proposed development would cause 'substantial detriment to ... N.J.S.A. 40:55D-1 to -163. See N.J.S.A. 40:55D-70(d) (providing a variance may be granted '[i]n particular ... argues that Gode's application actually sought a variance under N.J.S.A. 40:55D-70(d)(2) because Gode contemplated the expansion of a nonconforming ...

docket:	a1330-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-06
status:	Unpublished
citation:
Document Size:	13769

190 NASSAU HOLDINGS, INC. v. PLANNING BOARD OF BOROUGH OF MANTOLOKING -- rank: 542

... findings with regards to the hardship criteria as required under N.J.S.A. 40:55D-70 which states as follows: No variance or other relief may ... of the Borough as set forth in the language of N.J.S.A. 40:55D-70 as cited above. The court rejects that contention. A full ... prove both the positive and negative criteria under the statute, N.J.S.A. 40:55D-70. Concerning the positive criteria, the applicant must establish that "[t ...

docket:	a0408-07
court:	NJ Superior Court Appellate Division
decided:	2008-07-10
status:	unpublished
citation:
Document Size:	65855

191 GEORGE PETERS and MARINA PETERS v. ZONING BOARD OF ADJUSTMENT BOROUGH OF FORT LEE, NJ -- rank: 542

... use restriction. V&R accordingly requested a use variance under N.J.S.A. 40:55D-70(d)(1). V&R also sought a floor area ratio ('FAR') variance under N.J.S.A. 40:55D-70(d)(4), and a building height variance under N.J.S.A. 40:55D-70(d)(6). In addition, V&R sought assorted 'subsection (c)' variances under N.J.S.A. 40:55D-70(c) for 'lot area, lot coverage, front yard, rear yard ...

docket:	a3067-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-28
status:	Unpublished
citation:
Document Size:	21384

192 JOHN MULLEN v. THE IPPOLITO CORPORATION -- rank: 539

... Superior Court; and plaintiffs' failure to exhaust administrative remedies under N.J.S.A. 40:55D-70, within the time restrictions imposed by N.J.S.A ... defendants thereafter met with either negligent indifference or willful disregard. N.J.S.A. 40:55D-70(a) authorizes municipal zoning boards of adjustment to "[h]ear ... not accrue until the administrative officer makes a decision . Likewise, N.J.S.A. 40:55D-70(a) limits a board's appellate jurisdiction to review "any ...

docket:	a5823-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-10
status:	published
citation:	428 N.J.Super. 85 50 A.3d 673
Document Size:	65913

193 JESSE ROSENBLUM v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF CLOSTER -- rank: 539

... application to the Board for a use variance pursuant to N.J.S.A. 40:55D-70(d) for "outdoor storage on the property." In support of ... ordinance, the applicant must demonstrate "special reasons" for the variance. N.J.S.A. 40:55D-70(d)(1). This requirement is known as the "positive criteria ... In addition, an applicant must satisfy the "negative criteria" of N.J.S.A. 40:55D-70(d), by "showing that such variance or other relief can ... failed to satisfy the affirmative and negative criteria embodied in N.J.S.A. 40:55D-70(d). Accordingly, the judgment of the Law Division, which affirmed ...

docket:	a4936-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-07
status:	unpublished
citation:
Document Size:	25444

194 MERIDIAN QUALITY CARE, INC. v. BOARD OF ADJUSTMENT TOWNSHIP OF WALL -- rank: 539

... 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 ...

docket:	a6370-00
court:	njappellate
decided:	2002-11-22
status:	published
citation:	355 N.J. Super. 328
Document Size:	50247

195 /usr/local/share/www/libweb/collections/courts/appellate/a4171-14.opn.html -- rank: 539

... State policy, we held that the positive statutory component of N.J.S.A. 40:55D-70 was satisfied." Id. at 369. The positive statutory component is ... intent and purpose of the zone plan and zoning ordinance,' N.J.S.A. 40:55D-70(d), must reconcile the proposed use variance with the zoning ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	27933