Search Rutgers Law Library N.J. Court Opinions

31 Ten Stary Dom Partnership v. T. Brent Mauro -- rank: 738

... lot size and building location on a parcel of land. N.J.S.A. 40:55D-70(c)(1) permits a variance from a bulk requirement, such ... good or substantially impair the purpose of the zoning plan. N.J.S.A. 40:55D-70(c)(2) permits a variance if the deviation from bulk ... Planning Board or Board) for a bulk variance pursuant to N.J.S.A. 40:55D-70(c) to permit development of the property with a frontage ... a planning board to an application for a bulk variance. N.J.S.A. 40:55D-70(c)(1) permits a variance from a bulk or dimensional ... 557-58 (1979). An applicant who pursues a variance under N.J.S.A. 40:55D-70(c)(1) must establish that the particular conditions of the ... or substantially impair the purpose of the zoning plan. Ibid. N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, ...

docket:	A-52-11
court:	NJ Supreme Court
decided:	2013-08-05
status:
citation:	216 N.J. 16 76 A.3d 1236
Document Size:	90092

32 DUNBAR HOMES, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN -- rank: 738

... was required to seek a conditional use variance pursuant to N.J.S.A. 40:55D-70(d)(3) because the size of the property was less ... plaintiff must satisfy the conditions for a (d)(1) variance, N.J.S.A. 40:55D-70(d)(1), as a result of a change in the ... Dunbar was now required to seek a (d)(1) variance, N.J.S.A. 40:55D-70(d)(1), and not a (d)(3) variance because garden ...

docket:	a3637-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-14
status:	published
citation:	448 N.J.Super. 583 154 A.3d 710
Document Size:	71910

33 T-MOBILE NORTHEAST LLC v. BOROUGH OF MENDHAM ZONING BOARD OF ADJUSTMENT -- rank: 735

... a Verizon Wireless sought a conditional use variance pursuant to N.J.S.A. 40:55D-70(d)(3) for a wireless telecommunications (WT) facility in the ... authority to grant "special reasons" variances, which include use variances, N.J.S.A. 40:55D-70(d)(1), and conditional use variances. N.J.S.A. 40:55D-70(d)(3). An applicant for either must present proof of ... Business District, the application did not require a variance under N.J.S.A. 40:55D-70(d)(1), but only a conditional use variance under N.J.S.A. 40:55D-70(d)(3). In Coventry Square, Inc. v. Westwood Zoning Board ... good.'" Coventry Square , supra , 138 N.J. at 299 (citing N.J.S.A. 40:55D-70). The "focus is on the effect on surrounding properties ...

docket:	a1357-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-16
status:	unpublished
citation:
Document Size:	59499

34 UNITED ADVERTISING CORPORATION v. HOWELL TOWNSHIP PLANNING BOARD -- rank: 730

... therefore divested of jurisdiction, and that variance relief pursuant to N.J.S.A. 40:55D-70(d)(3) would be required from the Zoning Board. Relying on N.J.S.A. 40:55D-70(a), the Planning Board concluded that it did not have ... any other body, except as otherwise provided in this act." N.J.S.A. 40:55D-70 outlines the powers of a zoning board. Pursuant to N.J.S.A. 40:55D-70(a), the Court has stated that "[a] zoning board has ... Planning Board challenging the zoning officer's determination pursuant to N.J.S.A. 40:55D-70(a) and -72; filing a complaint with the zoning officer ... appealing to the Zoning Board if need be pursuant to N.J.S.A. 40:55D-70(a) and -72; and seeking to enjoin the residential ...

docket:	a3014-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-04
status:	unpublished
citation:
Document Size:	32832

35 RICHMOND URF, LLC v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF JERSEY CITY -- rank: 724

... of a height variance to defendant Alan Cancro pursuant to N.J.S.A. 40:55D-70(d)(6). We affirm. I. Cancro owned and sought to ... applied to the Board for a height variance pursuant to N.J.S.A. 40:55D-70(d)(6). 1 Cancro sought the height variance because his ... feet tall. Such a height "variance application is governed by N.J.S.A. 40:55D-70(d)(6)." Grasso v. Borough of Spring Lake Heights , 375 N.J. Super. 41 , 48 (App. Div. 2004). N.J.S.A. 40:55D-70(d)(6) provides that "for special reasons, [a board of ... Grasso , supra , 375 N.J. Super. at 48-49 (quoting N.J.S.A. 40:55D-70(d))). A. Cancro may "establish 'special reasons' by [1] showing ... or unreasonable. B. An applicant for a height variance under N.J.S.A. 40:55D-70(d)(6) must also "prove that the variance can ...

docket:	a2977-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-15
status:	unpublished
citation:
Document Size:	40922

36 HARBORHEAD CONDOMINIUM ASSOCIATION, INC v. ZONING BOARD OF ADJUSTMENT OF POINT PLEASANT BEACH -- rank: 722

... restaurants required a conditional use permit or a variance under N.J.S.A. 40:55D-70(d). He further stated that in approximately 1996 or 1997 ... a nonconforming use and a use variance, respectively pursuant to N.J.S.A. 40:55D-70(d)(2) and (d)(3). 5 In that application, the ... for bulk variances as an additional negative criterion pursuant to N.J.S.A. 40:55D-70(d)(3). He cited deficiencies of lot frontage, depth, rear ... Board concluded that the Storinos had met the requirements of N.J.S.A. 40:55D-70(d)(2) and (d)(3), subject to twenty-two conditions ... impair the intent and purpose of the zone plan" under N.J.S.A. 40:55D-70(d), warranted judicial deference. In particular, the judge concluded that the Board's grant of variance relief under N.J.S.A. 40:55D-70(d)(3) was based upon "sufficient and credible evidence ...

docket:	a2435-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-28
status:	unpublished
citation:
Document Size:	53358

37 MARK SMITH v. SOUTH BRUNSWICK TOWNSHIP -- rank: 722

... appeal is the "(c)(2)" dimensional variance it sought under N.J.S.A. 40:55D-70(c)(2) to permit the project to extend into the ... Adjustment, Sea Girt , 45 N.J. 268 , 296-97 (1965). N.J.S.A. 40:55D-70 authorizes local zoning and planning boards to grant variances from zoning ordinances. N.J.S.A. 40:55D-70(c) defines two categories of variances: N.J.S.A. 40:55D-70(c)(1), known as the "hardship variance," and N.J.S.A. 40:55D-70(c)(2), known as the "flexible or bulk variance." PSE ... the test for granting a (c)(2) variance as follows: N.J.S.A. 40:55D-70(c)(2) permits a variance for specific property, if ...

docket:	a1218-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-18
status:	unpublished
citation:
Document Size:	103093

38 388 ROUTE 22 READINGTON REALTY HOLDINGS, LLC v. TOWNSHIP OF READINGTON -- rank: 722

... She alleged N.J.S.A. 40:55D-72 and N.J.S.A. 40:55D-70(a) conferred A-1826-18 42 on her the substantive ... Planning Board] all the papers constituting the record.' Ibid. Fourth, N.J.S.A. 40:55D-70(a) empowers a board of adjustment to '[h]ear and ... established in N.J.S.A. 40:55D-72 and N.J.S.A. 40:55D-70(a), the Court concluded that 'the Borough did not violate ...

docket:	a1826-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-08
status:	Unpublished
citation:
Document Size:	114122

39 ROBERT H. BREUNIG v. T&R HOLDINGS, LLC -- rank: 722

... in a district restricted against such use or principal structure." N.J.S.A. 40:55D-70(d)(1). Like other variances granted under N.J.S.A. 40:55D-70, the applicant must establish that the variance "can be granted ... intent and purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. The required "special reasons," or positive criteria, may be established ... v. Himeji, LLC , 214 N.J. 263 , 286 (2013) (quoting N.J.S.A. 40:55D-70). The first of the negative criteria "focuses on the effect ... of a Wild and Scenic River area. Again, we disagree. N.J.S.A. 40:55D-70(c) authorizes the board to grant bulk variances. It provides ... departure from regulations pursuant to article 8 of this act . . . . [ N.J.S.A. 40:55D-70(c).] In addition, the applicant must establish the aforementioned ...

docket:	a6251-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-25
status:	unpublished
citation:
Document Size:	30161

40 DR. AURORA BAIRAN v. BOROUGH OF CLOSTER ZONING BOARD OF ADJUSTMENT -- rank: 719

... file an application with the Board for relief. Pursuant to N.J.S.A. 40:55D-70(a), plaintiff appealed the Zoning Officer's decision to the ... or, in the alternative, use and bulk variances pursuant to N.J.S.A. 40:55D-70(d), sanctioning the existing uses and structures as they had ... existence. The following month, plaintiff requested a use variance under N.J.S.A. 40:55D-70(d)(1) to allow her to continue to use the ... to achieve the super-majority of five votes mandated by N.J.S.A. 40:55D-70(d). The vote was four in favor of granting the ... the [a]pplication. Further, plaintiff has met her burden under N.J.S.A. 40:55D-70. Plaintiff has demonstrated that she would suffer an undue hardship ... IN ISSUE, PLAINTIFF DID NOT MEET THE STATUTORY CRITERIA UNDER N.J.S.A. 40:55D-70(d)(1). POINT III THE TESTIMONY OF PLAINTIFF'S ...

docket:	a3114-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-21
status:	unpublished
citation:
Document Size:	55725

41 TSI EAST BRUNSWICK LLC v. ZONING BOARD OF ADJUSTMENT OF TOWNSHIP OF EAST BRUNSWICK -- rank: 716

... an application to the Board seeking a variance pursuant to N.J.S.A. 40:55D-70(d)(3), which we refer to as a (d)(3 ... that the LA Fitness facility required a variance pursuant to N.J.S.A. 40:55D-70(d)(1), which we refer to as a (d)(1 ... Vornado should have been required to obtain a variance under N.J.S.A. 40:55D-70(d)(1), which governs variances for non-permitted uses. TSI ... a zoning ordinance trigger the need for a variance under N.J.S.A. 40:55D-70(d). Omnipoint , supra , 337 N.J. Super. at 413. An applicant for a variance permitted by N.J.S.A. 40:55D-70(d), whether for a conditional or prohibited use, must satisfy ... the purpose of the zone plan and the zoning ordinance." N.J.S.A. 40:55D-70(d). "The analysis of the negative criteria for a ...

docket:	a2879-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	45345

42 RECTOR, WARDENS & VESTRYMEN OF ST. BERNARD'S PROTESTANT EPISCOPAL CHURCH v. BERNARDS TOWNSHIP PLANNING BOARD -- rank: 713

... deny the steep slope variance for Lot 27 pursuant to N.J.S.A. 40:55D-70(c)(2) and, on that basis we affirm the denial ... the roadway (100% where 40% is permitted) based on hardship, N.J.S.A. 40:55D-70(c)(1), and one for a proposed residential lot (79 ... permitted) based on the balance of public benefits and detriments, N.J.S.A. 40:55D-70(c)(2); b) a credit not authorized by any ordinance ... governing its authority to grant steep slope variances pursuant to N.J.S.A. 40:55D-70(c)(1)-(2), exceptions to the design standards of a ... J. Super. 507 , 514 (App. Div. 1997). Moreover, in interpreting N.J.S.A. 40:55D-70(c)(2), the Supreme Court has concluded "that the negative ... disturbance on Lot 27, which the Church sought pursuant to N.J.S.A. 40:55D-70(c)(2). We agree. "The applicant bears the burden ...

docket:	a0070-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-16
status:	unpublished
citation:
Document Size:	44487

43 STAVOLA ASPHALT COMPANY INC., ET AL. VS. TOWNSHIP OF HOWELL ZONING BOARD OF ADJUSTMENT, ET AL. -- rank: 705

... court held the positive criteria were not met. 4 See N.J.S.A. 40:55D-70(d)(1). A-2830-21 23 Additionally, the court found ... variety of variances '[i]n particular cases for special reasons.' N.J.S.A. 40:55D-70(d). For example, similar to a (d)(1) variance, a ... sought when an applicant seeks to expand a nonconforming use. N.J.S.A. 40:55D-70(d)(2). A (d)(6) variance is necessary when an ... seeks permission to exceed the height restriction in the district. N.J.S.A. 40:55D-70(d)(6). There are three categories of circumstances where our ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70(d). This is known as satisfying the negative criteria. Although N.J.S.A. 40:55D-70(d) does not explicitly require balancing the positive and ...

docket:	a2830-21a3320-21
court:	appellate
decided:	2024-06-13
status:	Unpublished
citation:
Document Size:	65011

44 JESSE ROSENBLUM v. CLOSTER PLANNING BOARD -- rank: 705

... requested variances could be granted by the Board pursuant to N.J.S.A. 40:55D-70(c). The existing conditions did not comply with the Borough ... board may consider requests for variances that are cognizable under N.J.S.A. 40:55D-70(c). N.J.S.A. 40:55D-60(a). The ... v. City of Wildwood , 140 N.J. 261, 266 (1995); N.J.S.A. 40:55D-70(d). A. In the Law Division and now before us ... or principal structure, [and] an expansion of a nonconforming use." N.J.S.A. 40:55D-70(d)(1) and (2). "'Structure' means a combination of materials ... underlying use is permitted , the required variance is dimensional, under [ N.J.S.A. 40:55D-70(c)], and not a use variance involving a prohibited structure ... uses, requiring variances from such restrictions to be processed under [ N.J.S.A. 40:55D-70(d)]. [ Ibid. (emphasis added).] 2 N.J.S.A . ...

docket:	a3243-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-12
status:	unpublished
citation:
Document Size:	46520

45 NEW YORK SMSA LIMITED PARTNERSHIP v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF COLTS NECK -- rank: 702

... and cemeteries and schools)[.]" Thus, a use variance pursuant to N.J.S.A. 40:55D-70(d)(1) was required. 2 The Board conducted two public ... affected the Board's calculus of the negative criteria under N.J.S.A. 40:55D-70(d). After trial, the Law Division judge reversed the Board ... Verizon Wireless had satisfied the positive and negative criteria of N.J.S.A. 40:55D-70(d). After reviewing the totality of the evidence under the ... that Verizon Wireless did not have to separately "prove a [ N.J.S.A. 40:55D-70(c)] variance." Moreover, she found "that testimony presented by Verizon ... is compelling. In order to obtain a variance pursuant to N.J.S.A. 40:55D-70(d), an applicant must demonstrate both the positive and negative ... a use variance also must satisfy the negative criteria of N.J.S.A. 40:55D-70(d), as follows: No variance or other relief may ...

docket:	a2939-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-22
status:	unpublished
citation:
Document Size:	37260