Search Rutgers Law Library N.J. Court Opinions

76 GERTRUDE WALSH v. CITY OF CAPE MAY PLANNING BOARD -- rank: 670

... that plaintiff had sought for a residential parcel pursuant to N.J.S.A. 40:55D-70(c)(2). Having concluded the Board could have reasonably reached ... the application also sought a (c)(2) variance pursuant to N.J.S.A. 40:55D-70(c)(2) for each proposed 6,000 square foot lot ... The Board further finds that the criteria set forth in N.J.S.A. 40:55D-70[c](2) has not been satisfied and that there are ... variances from zoning ordinances. Here, the relevant MLUL provision is N.J.S.A. 40:55D-70(c)(2), which prescribes in pertinent part: [W]here in ... dispositive of a decision on a variance under this subsection[.] " N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, if ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. In overturning that finding, the trial judge found that ...

docket:	a0170-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-17
status:	unpublished
citation:
Document Size:	36703

77 RICHARD BARNASKAS v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF JACKSON -- rank: 670

... site plan with 'd' and 'c' variance relief pursuant to N.J.S.A. 40:55D-70 to construct a funeral home with accessory uses, to include ... not a permitted use in the PRC zone. However, under N.J.S.A. 40:55D-70(c)(1), the Board had the power to grant a ... and undue hardship upon, the developer of such property . . . . Under N.J.S.A. 40:55D-70(d)(1), '[i]n particular cases for special reasons,' the ... special reasons for the grant of a variance pursuant to N.J.S.A. 40:55D-70(d)(1) in that the site . . . [was] appropriate' for the ... N.J. at 323. The positive criteria set forth in N.J.S.A. 40:55D-70(d)(1) authorizes a zoning board, '[i]n particular cases ... 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: ( ...

docket:	a4349-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-02
status:
citation:
Document Size:	50384

78 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 667

... Zoning Board on the ground that a variance pursuant to N.J.S.A. 40:55D-70(d) was required due to the inclusion of the vertical ... was not authorized or empowered to answer such questions under N.J.S.A. 40:55D-70(b). II. A. Mountain Hill alleged a multiplicity of claims ... judge determined that a use variance was required pursuant to N.J.S.A. 40:55D-70(d)(1). The judge concluded that there was no case ...

docket:	a5871-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
citation:
Document Size:	106666

79 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 667

... Zoning Board on the ground that a variance pursuant to N.J.S.A. 40:55D-70(d) was required due to the inclusion of the vertical ... was not authorized or empowered to answer such questions under N.J.S.A. 40:55D-70(b). II. A. Mountain Hill alleged a multiplicity of claims ... judge determined that a use variance was required pursuant to N.J.S.A. 40:55D-70(d)(1). The judge concluded that there was no case ...

docket:	a5496-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
citation:
Document Size:	106666

80 RONALD BUSH and TINA BUSH v. THE PLANNING BOARD OF THE TOWNSHIP OF MIDDLETOWN -- rank: 667

... exceptional and undue hardship upon, the developer of such property . . . . [ N.J.S.A. 40:55D-70(c)(1).] This concept of "undue hardship" relates only to ... Plaintiffs did not seek relief under the hardship provisions in N.J.S.A. 40:55D-70(c)(1). Janiw clearly opined that plaintiffs were entitled to a minor subdivision under N.J.S.A. 40:55D-70(c)(2). The trial court's reliance on the provisions of N.J.S.A. 40:55D-70(c)(1) was thus misplaced. Moreover, it is clear that ... the property by subdividing it does not constitute hardship under N.J.S.A. 40:55D-70(c)(1). We next address the relief available to plaintiffs under N.J.S.A. 40:55D-70(c)(2) - the so-called "flexible c" - which authorizes ...

docket:	a2185-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-29
status:	unpublished
citation:
Document Size:	28371

81 /usr/local/share/www/libweb/collections/courts/appellate/a2961-19.opn.html -- rank: 659

... any other body, except as otherwise provided in this act.' N.J.S.A. 40:55D-70 outlines the powers of a zoning board. The Zoning Board ... or principal structure, [and] an expansion of a nonconforming use.' N.J.S.A. 40:55D-70(d)(1)-(2); see also Najduch v. Twp. of Indep ... the exclusive jurisdiction of boards of adjustment with respect to N.J.S.A. 40:55D- - 70(d) variances and their ancillary jurisdiction pursuant to N.J ... can be allowed by way of variance only pursuant to' N.J.S.A. 40:55D-70(d). Cox & Koenig, New Jersey Zoning & Land Use Administration  ... Tennent Cemetery is a pre-existing non-conforming use, a N.J.S.A. 40:55D-70(d) variance is required unless crematoriums are permitted by ordinance ...

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82 TUCKER M. KELLEY v. TOWNSHIP OF ROCKAWAY BOARD OF ADJUSTMENT -- rank: 659

... Board. Plaintiff appealed the determination to the Board pursuant to N.J.S.A. 40:55D-70(a), and the Board conducted hearings in the matter on ... that plaintiff file an application for a variance pursuant to N.J.S.A. 40:55D-70(d). On November 20, 2012, the Board adopted a resolution ... in the event plaintiff chooses to seek a variance under N.J.S.A. 40:55D-70(d) or a determination by the Board that the unit ... S.A. 40:55D-68 or a variance pursuant to N.J.S.A. 40:55D 70(d), the Board must correct the deficiencies and reevaluate the ...

docket:	a4471-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-28
status:	unpublished
citation:
Document Size:	39034

83 JOANN DEPHILIPPO v. CINNAMINSON TOWNSHIP PLANNING BOARD -- rank: 659

... writs. KGJ's lawsuit challenged certain "subsection c" variances under N.J.S.A. 40:55D-70(c)(2), waivers under N.J.S.A. 40:55D ... 198 (App. Div. 2009), the application for a variance under N.J.S.A. 40:55D-70(c)(2) 10 requires: (1) [that it] relates to a ... concerning the loading area plans readily met the standards of N.J.S.A. 40:55D-70(c)(2). The Board did not act arbitrarily or unreasonably ... Wal-Mart alternatively included a request for variance relief under N.J.S.A. 40:55D-70(c)(1), the thrust of the Board's resolution approving ...

docket:	a5837-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-07
status:	unpublished
citation:
Document Size:	62871

84 BOROUGH OF FREEHOLD v. BOROUGH OF FREEHOLD PLANNING BOARD -- rank: 659

... negative criteria required for granting a use variance pursuant to N.J.S.A. 40:55D-70(d). Nevertheless, Davis apparently continued to operate her law office ... applied the standards for a use variance set forth in N.J.S.A. 40:55D-70(d), and had not correctly analyzed the applicable positive and ... in actuality, had mistakenly applied the alternative "hardship" test of N.J.S.A. 40:55D-70(d) in casting their votes. In particular, as the trial ... positive and negative criteria to justify the requested variance under N.J.S.A. 40:55D-70(d). The Planning Board bases this determination on the following ... negative criteria for a subsection d variance set forth in N.J.S.A. 40:55D-70(d). Regardless of what the individual Planning Board members chose ... approval of the variance in this matter valid." 2 See N.J.S.A. 40:55D-70(d). 3 See N.J.S.A. 40:55D- ...

docket:	a3608-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-11
status:	unpublished
citation:
Document Size:	32902

85 EBURY RE, LLC v. TOWNSHIP OF MOUNT OLIVE PLANNING BOARD -- rank: 656

... Mount Olive Planning Board for a hardship variance pursuant to N.J.S.A. 40:55D-70(c)(1) to build a two-story, four-bedroom single ... denial of the variance.2 We agree and reverse. 1 N.J.S.A. 40:55D-70(c)(1) allows for a variance (1) [w]here: (a ... trial court erred by applying the use variance standards of N.J.S.A. 40:55D-70(d) under Price and Sica to a (c)(1) hardship ... applied to the Planning Board for a hardship variance under N.J.S.A. 40:55D-70(c)(1) to permit it to build a single-family ... its considerable discretion in denying it a hardship variance under N.J.S.A. 40:55D-70(c)(1). The trial court erred in finding otherwise. A ... Use Law and its benefits substantially outweigh any detriment. See N.J.S.A. 40:55D-70(c)(1). The Board was certainly under no obligation ' ...

docket:	a1630-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-04
status:	Unpublished
citation:
Document Size:	26042

86 T-MOBILE NORTHEAST LLC v. TOWNSHIP OF WEST DEPTFORD ZONING BOARD OF ADJUSTMENT -- rank: 656

... and (3) failure to provide a negative-criteria analysis under N.J.S.A. 40:55D-70(d). The Township also filed a cross-claim against the ... the Board to balance the positive and negative criteria of N.J.S.A. 40:55D-70(d) properly, as required by Sica v. Bd. of Adjustment ... that T-Mobile had satisfied the "positive criteria" prong of N.J.S.A. 40:55D-70(d), which no party disputed. However, the judge found that ... settled that, in order to obtain a variance pursuant to N.J.S.A. 40:55D-70(d), an applicant must demonstrate both positive and negative criteria ... Price v. Himeji , 214 N.J. 263 , 286 (2013) (quoting N.J.S.A. 40:55D-70) (internal quotation marks omitted). The first question "focuses on the ... plan and zoning ordinance" from construction of the proposed monopole. N.J.S.A. 40:55D-70(d). The use is passive. It generates no noise, ...

docket:	a4188-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-21
status:	unpublished
citation:
Document Size:	56145

87 RIYA CRANBURY HOTEL LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CRANBURY -- rank: 656

... the approval of the banquet facility was improper because an N.J.S.A. 40:55D-70(d)(1) variance was required; (2) the approval of an ... the feature was a sign, which required one or more N.J.S.A. 40:55D-70(c) variances; and (3) the approval of the use variance ... Board is the principal arbiter of Cranbury's zoning ordinance. N.J.S.A. 40:55D-70(b). Nevertheless, "[a]lthough courts defer to the expertise of ... 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). Further, a proponent of a noninherently-beneficial commercial use ... obligatory enhanced quality needed to sustain a use variance under N.J.S.A. 40:55D-70(d)(1). In light of the rigorous Medici standards ...

docket:	a3803-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-01
status:	unpublished
citation:
Document Size:	39046

88 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 parties in the case and its use in other cases is limited. R.1:36-3 AURIGEMMA FAMILY TRUST MARG -- rank: 653

... v. Bd. of Adjustment , 127 N.J. 152 , 156 (1992); N.J.S.A. 40:55D-70(d) . For the positive criteria, "the applicant must establish 'special ... zoning ordinance.'" Sica , supra , 127 N.J. at 156 (quoting N.J.S.A. 40:55D-70(d)). In Medici , the Court required "an enhanced quality of ... by the grant of a "D" variance in accordance with [ N.J.S.A. ] 40:55D-70[(d)(2)] ON THE PREMISES LOCATED [in] Wood-Ridge, New ...

docket:	a0105-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	30426

89 MATTHEW GLENN v. CITY OF CAPE MAY PLANNING BOARD -- rank: 651

... c)(2)" variance under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-70(c)(2). Regarding the positive criteria, he found the proposal ... Bd. of Adjustment , 160 N.J. 41 , 58-59 (1999). N.J.S.A. 40:55D-70 authorizes local zoning and planning boards to grant variances from ... the Board granted Adis a "(c)(2)" variance, pursuant to N.J.S.A. 40:55D-70(c)(2). Applicants seeking to establish a (c)(2) variance ... N.J. Super. 413 , 427-28 (App. Div. 2000) (quoting N.J.S.A. 40:55D-70(c)(2)). The purposes of zoning include providing "sufficient space ... Stary Dom P'ship , supra , 216 N.J. at 30; N.J.S.A. 40:55D-70. Importantly, our Supreme Court explained that when assessing whether to ...

docket:	a5504-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-11
status:	unpublished
citation:
Document Size:	33988

90 OCEAN MENTAL HEALTH SERVICES, INC v. 170 ROUTE 9, LLC -- rank: 648

... caselaw classifying drug treatment facilities as inherently beneficial uses under N.J.S.A. 40:55D-70. A-1135-21 5 Wilder pointed out that because the ... use variance, the applicant had to satisfy the requirements of N.J.S.A. 40:55D-70(d) by demonstrating that there were 'special reasons' for granting ... and] (4) an increase in the permitted floor area ratio.' N.J.S.A. 40:55D-70(d). However, the provision includes the following limitation: No variance ... and the purpose of the zone plan and zoning ordinance. [N.J.S.A. 40:55D-70.] In Sica, our Supreme Court interpreted the statute as establishing ... public good. [Id. at 165-66.] A-1135-21 14 N.J.S.A. 40:55D-70(d) 'substantially codifie[d] the Sica balancing test.' Smart SMR ... plan and zoning ordinance.'' 107 N.J. at 4 (quoting N.J.S.A. 40:55D-70(d)). To that end, the Court offered the following ...

docket:	a1135-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-10
status:	Unpublished
citation:
Document Size:	34828