A-2494-07T2
12-16-08
Larry Price is a pro se litigant who frequently challenges the actions of the Union City Zoning Board. In this case, he challenged the Board's issuance of a density variance that permitted the trebling of the density of a high-rise building in a zone in which the zoning ordinance sought to prohibit the granting of any density variance. We affirmed the trial court's determination that a zoning ordinance cannot lawfully prohibit the granting of density variances, because such a prohibition conflicts with the specific statutory grant of authority to do so found in N.J.S.A. 40:55D-70(d)(5). We remanded the matter back to the Board for further consideration of whether the density problem, i.e., that it is not economic to build tall, low density buildings, was unique to this project or common to the zone and whether it is appropriate to treble the density in that particular zone. We also required that the Board provide a fuller explanation of the reasons for its actions.
