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Tuesday, November 3, 2015

CAROL JACOBY VS. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF ENGLEWOOD CLIFFS, ET AL./ MARCIA DAVIS, ET AL. VS. BOARD OF ADJUSTMENT OF THE BOROUGH OF ENGLEWOOD CLIFFS, ET AL. A-0007-13T1/

CAROL JACOBY VS. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF ENGLEWOOD CLIFFS, ET AL./ MARCIA DAVIS, ET AL. VS. BOARD OF ADJUSTMENT OF THE BOROUGH OF ENGLEWOOD CLIFFS, ET AL. 
A-0007-13T1/A-0259-13T1/A-0404-13T1(CONSOLIDATED) 
In this prerogative writs case involving the proposed construction of a building in close proximity to the historic Palisades Cliffs, we reversed an order upholding a height variance and remanded to the Zoning Board to conduct further proceedings consistent with the enhanced standards of N.J.S.A 
40:55D-70(d)(6), as articulated in Grasso v Borough of Spring Lake Heights, 375 N.J. Super. 41 (App. Div. 2004). We held that in determining whether the height of the building is "consistent with the surrounding neighborhood," the Board was obligated to consider the impact that the structure would have on all reasonable visual vantage points. We otherwise affirmed the order upholding a bulk variance pursuant to N.J.S.A. 40:55D-70(c)(2).