02-20-09 Janice A. Egeland v. Zoning Board of Adjustment of the
Township of Colts Neck
A-3739-07T3
This appeal raised the novel issue of whether a division of
real property by testamentary devise is a "self-created
hardship" for the purposes of an application for an undue
hardship variance pursuant to N.J.S.A. 40:55D-70(c). We
concluded that, although the division of a conforming lot by
testamentary devisee is permitted, a resulting non-conforming
lot constitutes a "self-created hardship," as that term is used
in Jock v. Zoning Board of Adjustment of Township of Wall, 184
N.J. 562, 591 (2005), for the purposes of the cited statute.
