A trial court decision has clarified the circumstance in which a D variance for height is required, holding that where a principal structure is exactly 10 percent higher than the height limitation under local ordinance, the applicant has an enhanced burden of proof which requires five (5) affirmative votes with exclusive jurisdiction before the zoning board of adjustment.
In Shri Sai Voorhees, L.L.C. v. Township of Voorhees, (N.J. Law Div. – Decided January 9, 2009)(Approved for Publication April 21, 2009), the trial court ruled that an application to erect a principal structure exactly 10 percent higher than the zoned height limit requires a “D” variance. As a result, the applicant’s approvals before the planning board were vacated for lack of jurisdiction as the proper board to seek relief from was the zoning board of adjustment.
The full opinion is linked above.
