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46 NO.A-1620-15T4 CHARLES BAKER and SHARON BAKER v. ZONING BOARD OF ADJUSTMENT FOR THE TOWNSHIP OF JACKSON and A&A TRUCK PARTS INC - and V&S PRECAST CORPORATION -- rank: 700

... application, and explaining that defendant required a use variance under N.J.S.A. 40:55D-70(d)(1), a height variance under N.J.S.A. 40:55D-70(d)(6), a bulk variance under N.J.S.A. 40:55D-70(c) for the proposed number of parking spaces, and possibly ... defendant did not establish the positive or negative criteria under N.J.S.A. 40:55D-70(d)(1), and the Board therefore erred in granting the ... Local boards of adjustment may grant a use variance under N.J.S.A. 40:55D-70(d)(1) where the applicant proves both special reasons, otherwise ... Adjustment of Wall , 127 N.J. 152 , 156 (1992) (quoting N.J.S.A. 40:55D-70(d) ). Defendant contends the Board correctly concluded that he ...

docket:	a1620-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-18
status:	unpublished
citation:
Document Size:	43934

47 MOUNT HOLINESS TEMPLE OF PENTECOSTAL FAITH INC v. HACKENSACK BOARD OF ADJUSTMENT -- rank: 697

... Sica v. Board of Adjustment , 127 N.J. 152 (1992). N.J.S.A. 40:55D-70(d) provides that, in "particular cases" and for "special reasons ... A. 40:55D-67] pertaining solely to a conditional use." N.J.S.A. 40:55D-70 also provides that No variance or other relief may be ... zoning ordinance. Thus, an applicant seeking a use variance under N.J.S.A. 40:55D-70(d)(1) is required to prove both the positive criteria ... where the applicant seeks a conditional-use variance pursuant to N.J.S.A. 40:55D-70(d)(3). In Coventry Square, Inc. v. Westwood Zoning Board ... granted "'without substantial detriment to the public good.'" Ibid. (quoting N.J.S.A. 40:55D-70). The focus of this inquiry "is on the effect on ... purpose of the zone plan and zoning ordinance.'" Ibid. (quoting N.J.S.A. 40:55D-70(d)). The applicant has the burden of convincing the ...

docket:	a2629-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	49802

48 NEW YORK SMSA LIMITED PARTNERSHIP v. BOROUGH OF MIDLAND PARK ZONING BOARD OF ADJUSTMENT -- rank: 697

... LLC (T-Mobile) 1 for use and height variances under N.J.S.A. 40:55D-70(d)(1) and d(6). The Board also failed to reach the carriers' application for bulk variances under N.J.S.A. 40:55D-70(c)(2), and for site plan approval. The trial court ... the standard for adoption of a c(2) variance. See N.J.S.A. 40:55D-70(c)(2). The proposed installation would locate an accessory building ... the use variance. An applicant for a use variance under N.J.S.A. 40:55D-70(d) must show the variance "can be granted without substantial ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). Consequently, the applicant must satisfy both the positive and ... the benefits of the deviation would substantially outweigh any detriment . . . ." N.J.S.A. 40:55D-70(c)(2). The applicant for a c(2) variance ...

docket:	a5070-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	69394

49 BACHARACH INSTITUTE FOR REHABILITATION, INC v. GALLOWAY TOWNSHIP ZONING BOARD OF ADJUSTMENT AND HEALTH RESOURCES OF NEW JERSEY, L.L.C - -- rank: 697

... other things, that Health need only meet the standards in N.J.S.A. 40:55D-70(d)(3) as opposed to the more stringent standards in N.J.S.A. 40:55D-70(d)(1). The expert also testified there would be no ... non-conforming use that required a use variance pursuant to N.J.S.A. 40:55D-70(d)(1) and not merely a conditional use variance pursuant to N.J.S.A. 40:55D-70(d)(3). Plaintiff also maintained Health had to erect the ... to obtain a use variance for the nursing home under N.J.S.A. 40:55D-70(d)(1), not merely a conditional use variance under N.J.S.A. 40:55D-70(d)(3), and that Health failed to show it ...

docket:	a2364-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-02
status:	Published
citation:
Document Size:	30261

50 1 MEMORIAL DRIVE LLC v. 160 WEST BROADWAY ASSOCIATES, LP -- rank: 697

... 58-59 (1999). 160 West sought a variance pursuant to N.J.S.A. 40:55D-70(c)(1) and (c)(2). To obtain a 'hardship' variance under N.J.S.A. 40:55D-70(c)(1), an applicant must establish the following 'positive' criteria ... such property .... In addition to demonstrating the above 'positive' criteria, N.J.S.A. 40:55D-70 requires an applicant for any variance to demonstrate the following ... plan and zoning ordinance. To obtain a 'flexible' variance under N.J.S.A. 40:55D-70(c)(2), an applicant must establish the negative criteria, set ... proof of the positive criteria to satisfy the standards in N.J.S.A. 40: 55D-70(c). Thus, 160 West 'did not prove hardship or substantial ...

docket:	a0511-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-13
status:	Unpublished
citation:
Document Size:	87088

51 RONALD C. WRONKO v. MC TUSCANY II PROPERTY LLC -- rank: 694

... Tuscany sufficiently demonstrated its need for the variances under both N.J.S.A. 40:55D- 70(c)(1) and (c)(2). As to subsection (c)(1 ... positive and negative criteria required to approve variance relief under N.J.S.A. 40:55D-70(c)(1), the judge explained the Board's decision was ... properly addressing the positive or negative criteria as required under N.J.S.A. 40:55D-70(c). III. 'Our standard of review for the grant or ... planning boards also have the power to grant variances under N.J.S.A. 40:55D-70(c), commonly called '(c)' variances. N.J.S.A. 40:55D-70(c) states, in relevant part, that a Board has the ... the benefits of the deviation would substantially outweigh any detriment. [N.J.S.A. 40:55D-70(c).] Under subsection (c)(1), an applicant must show ...

docket:	a0154-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-13
status:	Unpublished
citation:
Document Size:	33389

52 PAMELA COLLINS v. PRESBYTERIAN CHURCH OF TOMS RIVER -- rank: 694

... if approved by five members of a seven-member board. N.J.S.A. 40:55D-70(d). After four members of the Board voted in favor ... application failed to receive five affirmative votes, as required by N.J.S.A. 40:55D-70(d). Carr contends the Board did not have authority under ... As noted, the MLUL provides that a use variance under N.J.S.A. 40:55D-70(d) may be granted 'only by affirmative vote of at ... five out of seven votes is necessary to approve a [N.J.S.A. 40:55D-70(d)] variance.' D. Lobi Enters., 408 N.J. Super. at ... which was one short of the five votes required by N.J.S.A. 40:55D-70(d) for a use variance. On appeal, Carr asserts that ... Lawn Bd. of Adjustment, 152 N.J. 309, 323 (1998). N.J.S.A. 40:55D-70(d)(1) authorizes a zoning board, '[i]n particular ...

docket:	a5003-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-17
status:	unpublished
citation:
Document Size:	54603

53 JOHN FAUCHER v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF HOBOKEN -- rank: 694

... changed its application to request a use variance pursuant to N.J.S.A. 40:55D- 70(d)(1) to allow two principal structures on the lot. In addition, B&B sought variances pursuant to N.J.S.A. 40:55D-70(c)(2) and (d)(6) in order to allow accessory ... decision to grant B&B the use variance pursuant to N.J.S.A. 40:55D-70(d)(1). As noted, plaintiffs argue that B&B failed ... 309, 323 (1998). The positive criteria are set forth in N.J.S.A. 40:55D- 70(d)(1), which authorizes a zoning board, '[i]n particular ... principal structure.' The term 'special reasons' is not defined in N.J.S.A. 40:55D- 70(d)(1). However, special reasons may be found where: (1 ... App. Div. 2006)). The negative criteria are set forth in N.J.S.A. 40:55D-70, which states that the applicant must show the 'variance ...

docket:	a3906-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-25
status:	unpublished
citation:
Document Size:	58076

54 JASON SHERMAN v. HOLMDEL TOWNSHIP PLANNING BOARD -- rank: 692

... Shermans' land use application, and that the variance standards of N.J.S.A. 40:55D-70 are irrelevant. To be sure, the statutory interplay between Sections ...

docket:	a5858-06
court:	njappellate
decided:	2008-04-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	85151

55 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the BRIAN KIMMINS and PATRICIA KIMMINS, his wife, JOSEPH NATOLI, and JANICE NATOLI his wife, STEVEN HEGNA -- rank: 686

... licensed professional planner, addressed defendants' application for a variance under N.J.S.A. 40:55D-70(c)(1), which authorizes a board of adjustment to grant ... The expert then discussed the application for a variance under N.J.S.A. 40:55D-70(c)(2), which authorizes granting a variance when 'the benefits ... defendants' requested variances. 'An applicant who pursues a variance under N.J.S.A. 40:55D- 70(c)(1) must establish that the particular conditions of the ... v. Mauro, 216 N.J. 16, 29 (2013); see also N.J.S.A. 40:55D-70(c)(1). ''Undue hardship' involves the underlying notion that no ... hardship, the planning board may nevertheless grant a variance under N.J.S.A. 40:55D-70(c)(2). Ibid. In Wilson v. Brick Twp. Zoning Bd ... stated that in order to secure variance relief pursuant to N.J.S.A. 40:55D-70(c)(2), the applicant must show: (1) [that the ...

docket:	a1394-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-15
status:	unpublished
citation:
Document Size:	62144

56 MICHAEL J. MONAGHAN v. TOWNSHIP OF TEANECK PLANNING BOARD -- rank: 683

... variances, and it is undisputed that a variance pursuant to N.J.S.A. 40:55D-70(c)(2) should not be granted when only the purposes ... Specifically, he claims that Lydon's testimony established that under N.J.S.A. 40:55D-70(c)(1), he was entitled to bulk variances because the ... lots.' Further, he avers that the variances were mandatory under N.J.S.A. 40:55D-70(c)(2) because the proposed lot creates no 'substantial detriment ... planning boards also have the power to grant variances under N.J.S.A. 40:55D- 70(c), commonly called '(c)' variances. N.J.S.A. 40:55D-70(c) states, in relevant part, that a board has the ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70; see also Lang, 160 N.J. at 57 ('Whether ...

docket:	a2239-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-08
status:	Unpublished
citation:
Document Size:	40154

57 MESQUITE TOWER CONSULTING, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 683

... a super-majority did not vote in its favor. See N.J.S.A. 40:55D-70(d). The minor­ity voting against the use vari­ance ... the "positive cri­teria" to obtain a use variance under N.J.S.A. 40:55D-70(d), which requires an applicant to prove that there exist ... 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 be ... cation or standard . . . pertaining solely to a condi­tional use." N.J.S.A. 40:55D-70(d)(3). To obtain such a vari­ance, an applicant ... 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 ... 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 ...

docket:	a4682-08
court:	New Jersey Superior Court Appellate Division
decided:	2011-09-07
status:	Published
citation:
Document Size:	88692

58 MESQUITE TOWER CONSULTING, LLC, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 683

... a super-majority did not vote in its favor. See N.J.S.A. 40:55D-70(d). The minor­ity voting against the use vari­ance ... the "positive cri­teria" to obtain a use variance under N.J.S.A. 40:55D-70(d), which requires an applicant to prove that there exist ... 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 be ... cation or standard . . . pertaining solely to a condi­tional use." N.J.S.A. 40:55D-70(d)(3). To obtain such a vari­ance, an applicant ... 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 ... 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 ...

docket:	a4777-08
court:	NJ Superior Court Appellate Division
decided:	2011-09-07
status:	unpublished
citation:
Document Size:	87500

59 /usr/local/share/www/libweb/collections/courts/appellate/a4682-4777-08.opn.html -- rank: 683

... a super-majority did not vote in its favor. See N.J.S.A. 40:55D-70(d). The minor­ity voting against the use vari­ance ... the "positive cri­teria" to obtain a use variance under N.J.S.A. 40:55D-70(d), which requires an applicant to prove that there exist ... 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 be ... cation or standard . . . pertaining solely to a condi­tional use." N.J.S.A. 40:55D-70(d)(3). To obtain such a vari­ance, an applicant ... 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 ... 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 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88190

60 ALAN S. MESZAROS v. PLANNING BOARD CITY OF SOUTH AMBOY -- rank: 683

... implicate N.J.S.A. 40:55D-70c and d. N.J.S.A. 40:55D-70 authorizes the Board of Adjustment to make those decisions.     Because ... those criteria. Such authority lies with the Zoning Board under N.J.S.A. 40:55D-70.     After discussing prior cases where the conditional use clause of ...

docket:	a6688-02
court:	njappellate
decided:	2004-07-13
status:	published
citation:	371 N.J. Super. 134
Document Size:	44355