434 Results for [("N.J.S.A. 40:55d-70")]

Search Rutgers Law Library N.J. Court Opinions

Results for ("N.J.S.A. 40:55d-70") 1 to 15 of 434 results.	Run time: 0.671 seconds \| Search time: 0.664 seconds
Page:1 2 3 4 5 6 7 8 9 10 29 Next 15

1 Larry Price v. Himeji, LLC -- rank: 1000

... meaning and intent of the “particularly suitable” standard under N.J.S.A. 40:55D-70(d)(1). Second, the Court examines the Appellate Division’s ... appeal is whether an application for a use variance, see N.J.S.A. 40:55D-70(d)(1), based on the assertion that the site is ... resolution granting additional variances for the project relating to density, N.J.S.A. 40:55D-70(d)(5), height, N.J.S.A. 40:55D-70(d)(6), and bulk, N.J.S.A. 40:55D-70(c)(2), as well as a waiver to reduce the ... variances. Accordingly, Himeji filed its application for a use variance, N.J.S.A. 40:55D-70(d)(1); a density variance, N.J.S.A. ...

docket:	A-46-11
court:	NJ Supreme Court
decided:	2013-06-25
status:
citation:
Document Size:	125209

2 Donald Nuckel v. Borough of Little Ferry -- rank: 961

... on an adjacent lot, is required to obtain variances under N.J.S.A. 40:55D-70(d)(1) and (2) of the Municipal Land Use Law ... court determined that variances were necessary for Lot 11 under N.J.S.A. 40:55D-70(d)(1) because the proposed driveway constituted a new principal use and N.J.S.A. 40:55D-70(d)(2) because the proposed driveway would expand the nonconforming ... N.J. 438 (2010). HELD : A (d)(1) variance under N.J.S.A. 40:55D-70 is required because the proposed driveway constitutes a second principal ... determines that the intensification of the nonconformity is insubstantial. 1. N.J.S.A. 40:55D-70(d) provides, in relevant part, that the Board may in ... N.J.S.A. 40:55D-1 to -163, specifically N.J.S.A. 40:55D-70(d)(1) and (2). Because the proposed driveway is ...

docket:	A-3-10
court:	NJ Supreme Court
decided:	2011-06-16
status:
citation:
Document Size:	87148

3 BERGEN RIDGE HOMEOWNERS ASSOCIATION, INC v. TOWNSHIP OF NORTH BERGEN PLANNING BOARD, -- rank: 942

... a BOV was necessary, it should be granted pursuant to N.J.S.A. 40:55D-70(c)1 and 2; a lighting variance was appropriate under N.J.S.A. 40:55D-70(c)2; variances were appropriate for the number and size ... if a BOV were necessary it should be granted under N.J.S.A. 40:55D-70(c)(1) because of the property's unique shape and topography, and under N.J.S.A. 40:55D- 70(c)(2) because the parking garage was more visually appealing ... a BOV was necessary, it should be granted pursuant to N.J.S.A. 40:55D-70(c)(1) and (c)(2) because the evidence supported this ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70(d). The statute requires proof of both positive and ...

docket:	a0206-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-30
status:	Unpublished
citation:
Document Size:	83373

4 MSO, INC. v. THE PLANNING BOARD OF THE BOROUGH OF GLEN ROCK -- rank: 863

... Glen Rock Zoning Board of Adjustment (Zoning Board) pursuant to N.J.S.A. 40:55D-70(b)1 to determine whether a self-storage facility was ... The proposal sought 'two [b]ulk [v]ariances pursuant to N.J.S.A. 40:55D-70(c).' One variance was for a 'maximum building coverage total ... variance' over which zoning boards had exclusive authority pursuant to N.J.S.A. 40:55D-70 or 'a 'c' A-3430-19 4 variance' for which ... boards except for consideration of applications for development pursuant to N.J.S.A. 40:55D-70(d)). Procedurally, after reviewing the issue with legal counsel, the ... Rock and plaintiffs presented expert testimony and reports. 2 Under N.J.S.A. 40:55D-70(d)(4), a zoning board has the power to 'grant ... if authorized by municipal ordinance or by a planned development.' N.J.S.A. 40:55D-70 further provides '[i]f an application development requests one ...

docket:	a3430-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-18
status:	Unpublished
citation:
Document Size:	52075

5 TSI East Brunswick, LLC v. Zoning Bd. of Adjustment of Twp. of East Brunswick -- rank: 861

... Vornado filed an application seeking a conditional use variance under N.J.S.A. 40:55D-70(d)(3) to enable it to open the LA Fitness ... for the issuance of a conditional use variance pursuant to N.J.S.A. 40:55D-70(d)(3).” 210 N.J. 477 (2012). HELD : The ... to grant variances, under circumstances defined in the statute. See N.J.S.A. 40:55D-70(d). In Medici , in the context of a use variance ... 22) 2. An application for a use variance pursuant to N.J.S.A. 40:55D-70(d)(1), also referred to as a (d)(1) variance ... owner must apply for a conditional use variance pursuant to N.J.S.A. 40:55D-70(d)(3), also referred to as (d)(3) variance. (pp ... whether, in considering an application for a conditional use variance, N.J.S.A. 40:55D-70(d)(3), the applicant must prove the negative criteria, ...

docket:	A-124-11
court:	NJ Supreme Court
decided:	2013-07-23
status:
citation:
Document Size:	85605

6 DunbarHomes, Inc. v. Zoning Board of Adjustment of Franklin Township -- rank: 839

... and a “conditional use special reasons” variance pursuant to N.J.S.A. 40:55D-70(d)(3) ((d)(3) variance). On May 28, 2013, the ... apply for a “restricted use special reasons” variance under N.J.S.A. 40:55D-70(d)(1) ((d)(1) variance) instead of a (d)(3 ... could therefore pursue a variance for the additional apartments under N.J.S.A. 40:55D-70(d)(3). The Township appealed the trial court’s decision ... and a “conditional use special reasons” variance pursuant to N.J.S.A. 40:55D-70(d)(3) ((d)(3) variance).1 Dunbar’s application lacked ... apply for a “restricted use special reasons” variance under N.J.S.A. 40:55D-70(d)(1) ((d)(1) variance).2 Dunbar appealed the Township� ... the Township to conduct a “meaningful review.” 1 N.J.S.A. 40:55D-70(d)(3) allows a Zoning Board of Adjustment to ...

docket:	a_89_16
court:	NJ Supreme Court
decided:	2018-06-20
status:
citation:
Document Size:	52693

7 Mary Harz v. Borough of Spring Lake -- rank: 836

... is empowered to “[h]ear and decide appeals,” N.J.S.A. 40:55D-70(a); and (3) the board must “render a decision� ... from the issuance of the zoning permit to her neighbor. N.J.S.A. 40:55D-70(a), - 72(a), -73(a). The right to a review ... provisions of the Municipal Land Use Law (MLUL). 1 See N.J.S.A. 40:55D-70; -72(a). In her lawsuit, she contends that the denial ... decide” appeals taken from the decisions of zoning officers. See N.J.S.A. 40:55D-70(a). However, in certain municipalities, such as the Borough of ... and the MLUL. Id. § 2.8 at 16-17. N.J.S.A. 40:55D-70(a) empowers the board of adjustment to “[h]ear ... N.J.S.A. 40:55D-3. 7 appeals,” N.J.S.A. 40:55D-70(a); and (3) the board must “render a ...

docket:	a_48_16
court:	NJ Supreme Court
decided:	2018-06-26
status:
citation:
Document Size:	60356

8 148 FIRST STREET URBAN RENEWAL, LLC v. 144 FIRST HOLDINGS LLC -- rank: 833

... bulk C height variance to 144 First Holdings pursuant to N.J.S.A. 40:55D-70(c)(2). We agree and affirm. There is ample evidence ... sought a nine-foot bulk C height variance pursuant to N.J.S.A. 40:55D-70(c)(2). At the Planning Board hearing, 144 First Holdings ... to the zoning board of adjustment for a variance under N.J.S.A. 40:55D-70(d)(6).1 Although Zimmer did not have the measurements ... height deviation, and its benefits 'would substantially outweigh any detriment.' N.J.S.A. 40:55D-70(c)(2). 2 'The zoning board of adjustment has exclusive ... Jersey Zoning and Land Use Administration § 35-4 (2023); N.J.S.A. 40:55D-70(d)(6). A-3329-20 8 Heydt testified the proposed ... to seek a height variance from the zoning board under N.J.S.A. 40:55D-70(d)(6),] ten feet is essentially a story' and ...

docket:	a3329-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-04
status:	Unpublished
citation:
Document Size:	55906

9 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 822

... an Appeal/Interpretation" with the Manchester Board of Adjustment under N.J.S.A. 40:55D-70(a) and (b). Perlmutter specifically sought review of "the Administrative ... vis-à-vis its entitlement to certain dimensional variances under N.J.S.A. 40:55D-70(c)(1) and -70(c)(2). He also claims that ... traditionally afforded to decisions of zoning boards under the MLUL."). N.J.S.A. 40:55D-70(c)(1) permits a variance from a dimensional provision of ... exception from the ordinance's requirements." Id. at 57-58. N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, if ... a use variance for its development in Manchester Township. See N.J.S.A. 40:55D-70(d). Perlmutter argues that the trial court erred by disregarding ... 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. ...

docket:	a2958-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	95188

10 /usr/local/share/www/libweb/collections/courts/appellate/a5958-12xx.opn.html -- rank: 822

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	94701

11 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 822

docket:	a2814-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	95188

12 Borough of Saddle River v. 66 East Allendale, LLC -- rank: 820

... site plan required approval of a bulk variance, pursuant to N.J.S.A. 40:55D-70(c)(2), to allow 42 percent improved lot coverage in ... permit application, East Allendale sought a use variance, pursuant to N.J.S.A. 40:55D-70(d)(1), to use a portion of the R-1 part of the property as a parking lot. See N.J.S.A. 40:55D-70 (recognizing board of adjustment’s authority to hear applications for ... R-1 zone and a bulk variance, authorized pursuant to N.J.S.A. 40:55D-70(c)(2), in the O-1 zone to allow 42 ... application also would have required a bulk variance, pursuant to N.J.S.A. 40:55D-70(c), for a total improved lot coverage that constituted 42 ... to do before granting a c-2 flexible variance. See N.J.S.A. 40:55D-70(c)(2). The Borough contends that the reports of ...

docket:	A-126-11
court:	NJ Supreme Court
decided:	2013-10-21
status:
citation:	216 N.J. 115 77 A.3d 1161
Document Size:	134607

13 HILLSBOROUGH TOWNE CENTER ASSOCIATES, LLC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HILLSBOROUGH -- rank: 809

... Board) erred in determining that HTCA needed use variances under N.J.S.A. 40:55D-70(d)(1), as opposed to conditional use variances under N.J.S.A. 40:55D-70(d)(3). We therefore reverse the trial court, which agreed ... Board ultimately determined that HTCA needed two use variances under N.J.S.A. 40:55D-70(d)(1) to permit: (1) twenty apartments, instead of nine ... Board decided that HTCA also needed three bulk variances under N.J.S.A. 40:55D-70(c), related to the two existing buildings, to permit: (1 ... in its consideration of the negative and positive criteria. See N.J.S.A. 40:55D-70(d)(1) (stating that a variance may be granted upon ... of the zone plan and zoning ordinance" — negative criteria. N.J.S.A. 40:55D-70(d). However, as applied, the Court has recognized that ...

docket:	a1444-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-15
status:	unpublished
citation:
Document Size:	96027

14 AMIR SHAKED v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF NORTH BERGEN -- rank: 806

... North Bergen Parks Department.1 Plaintiffs contended the Board violated N.J.S.A. 40:55D-70.1, which required it to 'at least once a year ... not filed an annual report since 2006, as required by N.J.S.A. 40:55D-70.1, plaintiffs cited no authority that this violation voided the ... Further, with respect to the Board's alleged noncompliance with N.J.S.A. 40:55D-70.1, plaintiffs provided no authority that the Board's failure ... power to grant or deny use, density, and height variances. N.J.S.A. 40:55D-70(d). The MLUL provides, in pertinent part, that the Board ... ten percent of the maximum height allowed in the district. N.J.S.A. 40:55D-70(d). N.J.S.A. 40:55D-70 requires a finding of positive criteria or 'special reasons,' ...

docket:	a4634-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-23
status:	unpublished
citation:
Document Size:	144733

15 CAROL JACOBY v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF ENGLEWOOD CLIFFS -- rank: 803

... proceedings consistent with this opinion, applying the enhanced standards of N.J.S.A. 40:55D-70(d)(6), and Grasso v. Borough of Spring Lake Heights ... otherwise affirm the order upholding the bulk variance pursuant to N.J.S.A. 40:55D-70(c)(2). I. LG owns approximately 27 acres of land ... variances required for the project both by proving hardship under N.J.S.A. 40:55D-70(c)(1) and by proving that the proposal is a better zoning alternative under N.J.S.A. 40:55D-70(c)(2) by enabling increased green space and LEED Gold ... the height variance, plaintiffs argue that the Board (1) misapplied N.J.S.A. 40:55D-70(d)(6) and the standards expressed in Grasso ; and (2 ... the Legislature placed height variances within the enhanced standards of N.J.S.A. 40:55D-70(d). Grasso , supra , 375 N.J. Super. at 50. ...

docket:	a0007-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-21
status:	published
citation:
Document Size:	64660

Page:1 2 3 4 5 6 7 8 9 10 29 Next 15