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226 MARC E. GODLEWSKI v. BOROUGH OF STONE HARBOR -- rank: 512

... 2010, granted plaintiffs' application for a 'hardship variance . . . pursuant to N.J.S.A. 40:55D-70(c)(1).' According to the resolution, the Board determined the ... finding that the Applicant satisfied the hardship criteria pursuant to N.J.S.A. 40:55D- - 70(c)(1).' Based on the photographic evidence, the Board concluded ...

docket:	a4543-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-29
status:	Unpublished
citation:
Document Size:	23009

227 ANTONIO OLIVEIRA v. TOWNSHIP OF MAHWAH -- rank: 512

... the fence permit to the Zoning Board in accordance with N.J.S.A. 40:55D-70(a) within the twenty days permitted by N.J.S ...

docket:	a3630-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-05
status:	Unpublished
citation:
Document Size:	34622

228 /usr/local/share/www/libweb/collections/courts/trial/l-416-09.opn.html -- rank: 512

... is filed with the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(a); N.J.S.A. 40:55D-85.1(f ...

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Document Size:	34369

229 DONNA LYNN CONOVER v. BRICK TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 509

... fences,4 the Drehers required a (c)(2) variance. 5 N.J.S.A. 40:55D-70(c)(2). The Drehers were the only witnesses for the ... the extent of that restriction is not properly before us. N.J.S.A. 40:55D-70(c)(2) provides in pertinent part that where in an ...

docket:	a0594-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-26
status:	Unpublished
citation:
Document Size:	36004

230 THOMAS WILSON v. BRICK TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 506

... grant bulk zoning variances if the required criteria are met. N.J.S.A. 40:55D-70 must also be met. That is, the variance can be ... exceptional and undue hardships upon, the developer of such property. . . . [ N.J.S.A. 40:55D-70(c)(1)(c).] These criteria are referred to as the ... is referred to as the "negative criteria," also found in N.J.S.A. 40:55D-70. There are then, given the facts in this case, five ...

docket:	a3622-07
court:	njappellate
decided:	2009-01-22
status:	published
citation:	405 N.J.Super. 189
Document Size:	69843

231 ANAND DASH, ET AL. VS. TOWNSHIP OF SPARTA ZONING BOARD OF ADJUSTMENT, ET AL. -- rank: 506

... Planning Board, plaintiff applied to the Zoning Board, pursuant to N.J.S.A. 40:55D-70(b),2 seeking an interpretation of section 18-4.29 ... decide requests for interpretation of the zoning map or ordinance.' N.J.S.A. 40:55D-70(b). A-1268-22 3 explaining he was seeking a ... of the Zoning Board to hear interpretation challenges pursuant to N.J.S.A. 40:55D-70(b), plaintiff's application was not an application for interpretation ...

docket:	a1268-22
court:	appellate
decided:	2024-04-12
status:	Unpublished
citation:
Document Size:	14824

232 ROBERT SCOTT INGENITO v. POINT PLEASANT BEACH ZONING BOARD OF ADJUSTMENT -- rank: 504

... does not satisfy the criteria for such relief prescribed by N.J.S.A. 40:55D-70(d). The Ammiratas have filed a cross-appeal, contending that ... contesting the Board's application of the variance standards under N.J.S.A. 40:55D-70(d)(1). The trial court issued a written opinion on ... variance application met the positive and negative criteria required under N.J.S.A. 40:55D-70(d). See also Medici v. BPR Co. , 107 N.J ...

docket:	a3513-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-22
status:	unpublished
citation:
Document Size:	48442

233 LARRY PRICE v. 3121 CENTRAL AVENUE, LLC, et al. -- rank: 504

... height requirements of the Union City Zoning ordinance pursuant to N.J.S.A. 40:55D-70. A non-conforming mixed-use building consisting of seven residential ... zone plan and zoning ordinance, contrary to the mandate of N.J.S.A. 40:55D-70. He also contends that defendant did not provide special reasons ... grant of the variances by an enhanced quality of proof. N.J.S.A. 40:55D-70 provides as follows: No variance or other relief may be ... the positive and negative aspects of the variance requested under N.J.S.A. 40:55D-70, the trial judge found that the Board evaluated the impact ...

docket:	a6252-06
court:	njappellate
decided:	2008-06-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	50333

234 VILLAGE SUPER MARKET INC v. BOROUGH OF GARWOOD PLANNING BOARD -- rank: 504

... and its application for use and bulk variances pursuant to N.J.S.A. 40:55D-70. Plaintiff filed a complaint in lieu of prerogative writs in ... the positive and negative criteria for a use variance under N.J.S.A. 40:55D-70(d), and that the Board did not find any reason ...

docket:	a1262-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-20
status:	unpublished
citation:
Document Size:	30106

235 T-MOBILE NORTHEAST L.L.C. v. BOROUGH OF NORTHVALE PLANNING ZONING BOARD OF ADJUSTMENT -- rank: 501

... Ibid. Here, T-Mobile sought a use variance pursuant to N.J.S.A. 40:55D-70(d), which provides, among other things, that such a variance ... 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)). Moreover, 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) if the use is particularly suited to the proposed ...

docket:	a4359-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	unpublished
citation:
Document Size:	23271

236 GARDEN STATE CHECK CASHING SERVICE, INC., et al. v. BOARD OF ADJUSTMENT TOWNSHIP OF IRVINGTON -- rank: 498

... grant a use variance from zoning restrictions is governed by N.J.S.A. 40:55D-70, which states, in pertinent part: The board of adjustment shall ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70.] "An applicant satisfies the requirements of subsection d when both ...

docket:	A1615-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-27
status:	unpublished
citation:
Document Size:	63931

237 CONGREGATION ANSHEI ROOSEVELT v. PLANNING AND ZONING BOARD OF THE BOROUGH OF ROOSEVELT -- rank: 495

... the Borough, appealed Francis' decision to the Board pursuant to N.J.S.A. 40:55D-70(a) and N.J.S.A. 40:55D-72. Following ...

docket:	a1390-09
court:	superior court appellate division
decided:	2011-02-09
status:	unpublished
citation:
Document Size:	60630

238 MARTY BUCKLEY v. MARC GODLEWSKI -- rank: 495

... The powers of a Board of Adjustment are enumerated in N.J.S.A. 40:55D-70, which provides in pertinent part: c. (1) Where: (a) by ... to consider variance applications concerning residential properties within the municipality. N.J.S.A. 40:55D-70. During the exercise of its discretionary authority, the Board must ...

docket:	a0634-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-26
status:	unpublished
citation:
Document Size:	40364

239 KONRAD SCHLATTER v. PLANNING BOARD OF THE CITY OF ENGLEWOOD -- rank: 493

... the Board that plaintiffs had sought their variance relief under N.J.S.A. 40:55D-70, the relevant section of the Municipal Land Use Law ("MLUL ... J. 504 , 512 (1967). Plaintiffs sought such a variance under N.J.S.A. 40:55D-70(c)(2). That subsection provides, in pertinent part, that: (2 ... of section 47 [ c. 40:55D-60] of this act. [ N.J.S.A. 40:55D-70(c)(2).] Although undue hardship does not have to be ...

docket:	a0037-07
court:	NJ Superior Court Appellate Division
decided:	2008-08-20
status:	unpublished
citation:
Document Size:	35311

240 MARKET STREET MISSION v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF ASBURY PARK -- rank: 493

... governing the issuance of use variances is set forth in N.J.S.A. 40:55D-70(d). Under this section of the Municipal Land Use Law ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d).] In Sica , supra , the Court provided guidance to zoning ... J. at 156, and therefore satisfies the positive criteria under N.J.S.A. 40:55D-70(d). Moreover, the Mission's proofs established that the variances ...

docket:	a0685-08
court:	superior court appellate division
decided:	2010-10-01
status:	unpublished
citation:
Document Size:	50898