Search Rutgers Law Library N.J. Court Opinions

1 JASON SHERMAN v. HOLMDEL TOWNSHIP PLANNING BOARD -- rank: 1000

... whether the strict enforcement of the street access requirements in N.J.S.A. 40:55D-35 for the subject property "would entail practical difficulty or unnecessary ... standards for granting bulk and other non-use variances under N.J.S.A. 40:55D-35 and N.J.S.A. 40:55D-36, statutory provisions ... quoting R.S. 40:55-18, the predecessor version of N.J.S.A. 40:55D-35 (emphasis added).] As our Supreme Court observed in Kligman , "[t ... 36 of the MLUL currently provides: Where the enforcement of [ N.J.S.A. 40:55D-35] would entail practical difficulty or unnecessary hardship, or where the ... adjustment may upon application or appeal, vary the application of [ N.J.S.A. 40:55D-35] and direct the issuance of a permit subject to conditions ... consideration whatsoever to that statute, and its companion provision in N.J.S.A. 40:55D-35. In effect, the trial judge made his own finding ...

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status:	unpublished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

2 THE LAST FRONTIER, INC v. BLAIRSTOWN TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 835

... on land that does not abut a street or road. N.J.S.A. 40:55D-35 states in part: No permit for the erection of any ... 55D-36 provides in relevant part: Where the enforcement of [ N.J.S.A. 40:55D-35 ] would entail practical difficulty or unnecessary hardship . . . the board of ... adjustment may upon application or appeal, vary the application of [ N.J.S.A. 40:55D-35 ] and direct the issuance of a permit subject to conditions ... difficulty and hardship. Without a variance from the prohibition of N.J.S.A. 40:55D-35, plaintiff cannot develop the property. See K aufman n v ... its property now abuts a road within the meaning of N.J.S.A. 40:55D-35 because plaintiff has obtained an easement from the DOT, (2 ...

docket:	a5205-08
court:	superior court appellate division
decided:	2010-05-24
status:	unpublished
citation:
Document Size:	65283

3 MOUNTAIN VALLEY GROUP, LLC v. TOWNSHIP OF BERKELEY HEIGHTS -- rank: 820

... to address the possible need for a variance, pursuant to N.J.S.A. 40:55D-35, for the common driveway; (2) "a significant amount of land ... need for a variance in light of the requirements of N.J.S.A. 40-55D-35. Zimmerman stated: So if we can assume for the moment ... follows: 1. With respect to the variance sought pursuant to N.J.S.A. 40:55D-35 that requires all lots to abut a public street, [MVG ... argues that the judge failed to address whether relief from N.J.S.A. 40:55D-35 was appropriate through a so-called "Section 36" variance. Regarding ... in denying a "Section 36 variance" from the requirements of N.J.S.A. 40:55D-35, which provides: No permit for the erection of any building ... a board of adjustment is empowered to grant variances from N.J.S.A. 40:55D-35 when "the enforcement of [that statute] would entail practical ...

docket:	a0701-08
court:	NJ Superior Court Appellate Division
decided:	2009-08-13
status:	unpublished
citation:
Document Size:	68074

4 /usr/local/share/www/libweb/collections/courts/appellate/a1981-20.opn.html -- rank: 798

... not to be fronted on a public street pursuant to N.J.S.A. 40:55D-35 and -36. Citing N.J.S.A. 40:55D-35, plaintiff maintains that a proposed building on a lot that ... this State.' We are unpersuaded by plaintiff's arguments. Under N.J.S.A. 40:55D-35, '[n]o permit for the erection of any building or ... S.A. 40:55D-36 states: Where the enforcement of . . . [N.J.S.A.] []40:55D-35[] would entail practical difficulty or unnecessary hardship, or where the ... adjustment may upon application or appeal, vary the application of . . . [N.J.S.A.] []40:55D-35[] and direct the issuance of a permit subject to conditions ... N.J. Super. at 592. Except for a footnote referencing N.J.S.A. 40:55D-35, we did not address the statute in any substantive ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	30701

5 IRENE CONTI v. CHADD SMITH -- rank: 752

... 55D-36. Judge Ford found this argument lacked merit. Under N.J.S.A. 40:55D-35, '[n]o permit for the erection of any building or ... S.A. 40:55D-36 states: Where the enforcement of [N.J.S.A.] 40:55D-35[] would entail practical difficulty or unnecessary hardship, or where the ... adjustment may upon application or appeal, vary the application of [N.J.S.A.] 40:55D-35[] and direct the issuance of a permit subject to conditions ...

docket:	a1929-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-15
status:	Unpublished
citation:
Document Size:	39372

6 DANIEL WORTS v. GLORIA C. DITTMAR -- rank: 708

... ground that the property did not meet the requirements of N.J.S.A. 40:55D-35 and -36, and the Township defendants refused to grant a ... v. Kassin , 184 N.J. 612 , 627 (2005). Pursuant to N.J.S.A. 40:55D-35, No permit for the erection of any building or structure ... J. 517 , 523 (1969). However, [w]here the enforcement of [N.J.S.A. 40:55D-35] would entail practical difficulty or unnecessary hardship , . . . the board of ... adjustment may upon application or appeal, vary the application of [ N.J.S.A. 40:55D-35] and direct the issuance of a permit subject to conditions ... 36 indicates that the decision to relieve an applicant from N.J.S.A. 40:55D-35 is in the Board of Adjustment's discretion. In the ...

docket:	a4625-06
court:	NJ Superior Court Appellate Division
decided:	2009-09-09
status:	unpublished
citation:
Document Size:	31227

7 Ten Stary Dom Partnership v. T. Brent Mauro -- rank: 687

... officer denied Mauro’s application for a building permit. See N.J.S.A. 40:55D-35 (requiring lot to abut public street for building permit to ... on a lot that does not front a public street. N.J.S.A. 40:55D-35. Here, after the applicant agreed to improve Willow Drive in ...

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

8 STEPHEN M. LAMANNA v. RUSSELL CHARLES SWAN -- rank: 653

... its resolution granting the Swans relief from the provisions of N.J.S.A. 40:55D-35. That statute forbids the granting of a permit for the ...

docket:	a1280-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	110267

9 GARY S. STEIN v. PLANNING BOARD OF THE BOROUGH OF UPPER SADDLE RIVER -- rank: 640

... variance in order to obtain relief from the provisions of N.J.S.A. 40:55D-35. That statute specified that no building permit could be issued ... Zoning Board granted plaintiff a variance from the provisions of N.J.S.A. 40:55D-35 in order to permit the creation of a lot fronting ... its decision to grant a variance from the requirement of N.J.S.A. 40:55D-35: (1) the average improved width of the right-of-way ... appellant from Pashman Stein to Gary S. Stein, pro se. N.J.S.A. 40:55D-35 provides in pertinent part: No permit for the erection of ...

docket:	a3340-06
court:	njappellate
decided:	2007-12-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	106364

10 MATTHEW O\'BRIEN v. BOROUGH OF POINT PLEASANT ZONING BOARD OF ADJUSTMENT -- rank: 609

... a street giving access to such proposed building or structure." N.J.S.A. 40:55D-35. See generally , Cox, supra , § 9-2. The subject lot complied ... arises if the subdivision application is approved, the policy behind N.J.S.A. 40:55D-35, of assuring access by emergency vehicles to a building or ... prohibition is subject to an exception where the enforcement of N.J.S.A. 40:55D-35 would entail "practical difficulty," or "unnecessary hardship" or where street ...

docket:	a0361-09
court:	superior court appellate division
decided:	2010-08-06
status:	unpublished
citation:
Document Size:	33994

11 ELIZABETH SCHMIDHAUSLER v. PLANNING BOARD OF THE BOROUGH OF LAKE COMO -- rank: 603

... those lots because they would abut an unimproved street. See N.J.S.A. 40:55D-35 and N.J.S.A. 40:55D-36. At the ... still required. An additional variance was now needed pursuant to N.J.S.A. 40:55D-35, because two of the proposed lots, 6.02 and 6 ...

docket:	a5932-07
court:
decided:	2009-05-29
status:	Published
citation:	408 N.J. Super. 1 972 A.2d 1155
Document Size:	53112

12 NEW JERSEY TRANSIT CORPORATION v. MARY FRANCO -- rank: 600

... a street giving access to such proposed building or structure." N.J.S.A. 40:55D-35. To provide access from the high-rise and mid-rise ...

docket:	a3802-12
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	published
citation:	447 N.J.Super. 361 148 A.3d 424
Document Size:	77241

13 TEN STARY DOM PARTNERSHIP v. T. BRENT MAURO -- rank: 582

... resolution certifying Willow Drive as a public street, pursuant to N.J.S.A. 40:55D-35, subject to Mauro widening Willow Drive to a width of ...

docket:	a1083-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-01
status:	unpublished
citation:
Document Size:	39303

14 MELODY CURZI v. HARMONY TOWNSHIP LAND USE BOARD -- rank: 582

... A. 40:55D-36, for relief from the requirement under N.J.S.A. 40:55D-35 for frontage on a public street. The Raubs' attorney then ...

docket:	a0469-07
court:	superior court appellate division
decided:	2010-07-30
status:	unpublished
citation:
Document Size:	59084

15 THOMAS DIDONATO v. CAPE MAY CITY PLANNING BOARD -- rank: 582

... notice identified, ' . . . variance relief pursuant to A-2583-16T4 10 N.J.S.A. 40:55D-35 and 36 for street access, should it be determined that ... boards to render determinations regarding development applications. In accordance with N.J.S.A. 40:55D-35, '[n]o permit for . . . any building or structure shall be ...

docket:	a2583-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	28979