Agenda - Planning Commission - 09/16/2010 - Special Meeting

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Zoning Bulletin July 25, 2010 I Volume 4 I No. 14 ( property with affordable housing units, and to do so it need the vari- ance. CAL, therefore, had standing, concluded the court. See also: Stop & Shop Supermarket Co. v. Board of Adjustment of Tp. of Springfield, 162 N.J. 418, 744 A.2d 1169 (2000). See also: Jen Elec., Inc. v. County of Essex, 197 N.J. 627, 964 A.2d 790 (2009). Case Note: The court noted that New Jersey courts provided a "lib- eral interpretation of standing requirements." Case Note: In its decision, the court noted that in other appeals from decisions of boards of adjustment on applications for vari- ances, standing was not limited to the applicant before the board. "Standing ha[d] been accorded to others, including objectors, and in limited circumstances, to the municipal governing body and land- owners in adjacent communities." Case Note: In its decision, the court distinguished variances granted to telecommunications providers. It noted that such variances do "not run with the land in the `traditional zoning sense."' Rather, such variances are "personal to the particular wireless communica- tions network of the applicant." This is because, in considering such variances, boards are required to take into account factors unique to the applicant, such as whether the variance is needed so that the provider can fill a coverage gap. Standing/First Amendment —Billboard company owner challenges permit denial, arguing sign ordinances were unconstitutional City says owner lacked standing to challenge constitutionality of ordinances because denial was proper under other provisions Citation: Herson v. City of San Carlos, 2010 WL 2196072 (N.D. Cal. 2010) CALIFORNIA (06/02/10)—This case addressed both: (1) the consti- tutionality of a sign ordinance; as well as (2) the standing (i.e., the legal right) of an applicant to challenge the constitutional validity of an ordi- nance when denial of his application is proper under another ordinance. The Background/Facts: Jeffrey Herson owned East Bay Outdoor, Inc., Herson's business involved securing real estate parcels, construct- ing billboards on those parcels, and leasing advertisement space on con- structed billboards. © 2010 Thomson Reuters 9 • 107