07-12-11 KINDERKAMACK ROAD ASSOCIATES, LLC VS. MAYOR AND COUNCIL OF THE BOROUGH OF ORADELL, ET AL.
A-4453-09T2
The issue presented in this case is whether plaintiff, the owner of commercial property, can obtain a variance to use an adjoining residential lot as a "landscaped buffer" to satisfy commercial setback requirements. We hold that the governing body's rejection of plaintiff's use variance application was not arbitrary, capricious, or unreasonable because the residential lot was not particularly suitable for the proposed use in accordance with N.J.S.A. 40:55D-70(d) and Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Board of Adjustment, 388 N.J. Super. 67 (App. Div. 2006).
