12-06-07 A-2293-06T2
Plaintiff constructed a 6306 square foot home that exceeded
the zoning limitations for building coverage by 293 square feet.
The Board of Adjustment denied his variance request; the Law
Division reversed the Board.
We reversed the Law Division but did not reinstate the
Board's decision. Instead, we remanded for the Board to
consider the testimony of plaintiff's experts, which the Board
substantially ignored in arriving at its decision. We also
instructed the Board to analyze plaintiff's application pursuant
to subsection c of N.J.S.A. 40:55D-70c(1), which applies to
exceptional situations "uniquely affecting a specific piece of
property or the structures lawfully existing thereon."
