Agenda - Planning Commission - 05/07/2009

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; i i I I I . I 50 April 10, 20091 Volume 3/ No.7 . Zoning Bulletin See also: Muldoon v.. Planning Bd. of Mm'blehead, 72 Mass. App. Ct. 372, 892 N.E.2d 353 (2008). Case Note: Harper had also argued that the ZBA's decision to deny his application was arbitrary and capricious because it violated a "doctrine of municipal estoppel." He argued that because the ZBA had previous- ly granted the requested application based on the same facts and con- ditions, it was unfair for the Zl3A to now deny the application. The court said that a municipality could "not be estopped from th~ proper enforcement of its Zoning Laws based on prior municipal decisions." "The ZBA had the right to chang~ its mind," concluded the court. Self-created Hardship-Township denies application for hardship variance because hardship was. self-created by a testamentary division Landowner contends public policy reasons require a testamentary division not be viewed as a self-created hardship Citation: Egeland v. Zoning Bd. of Adjustment of Tp. of Colts Neck, 405 N.J. Super. 329, 964 A.2d 807.(App. Div. 2009) NEW JERSEY (02/20/09)-'-]anice Egeland owned a 1.65 acre tract of vacant land (the "Lot") in the township. The. Lot was once part of a larg- er property (the "Property"), which was originally purchased by Egeland's parents. Following her father's death, the Property was solely owned by her mother. The Lot was created by a testamentary devise from Egeland's moth- er. In her will, Egeland's mother left her the Lot and the remainder of the Property was left jointly to Egeland and her sister. They'subsequently sold that oth~r lot to a third party for construction of a single family lot. . At the time Egeland's parents purchased the Property, and at the tiine the will was made and the time of Egeland's mother's death, the Property met the zoning requirements for construction of a single family residence in the zoning district where it was located. However, the Property could not be sub- divided into two conforming lots. The division of the Property by Egeland's mother's will created one buildable lot (the one that was sold by Egeland and her sister) and the Lot now owned by Egeland, which would require variances for construction of a residence. Egeland filed with the township's zoning board of adjustment (the "ZBA") an application for a variance to construct a single family residence on the Lot. 8 @ 2009 Thomson Reuters . (\ \. ) I ()J l) I I I ,. .1 ! I I I I .1