Sciacca v. Caruso

OPINION

FLANDERS, Justice.

This is a zoning case involving the propriety of granting a dimensional variance for an undersized lot so that the property owner could build a single-family house thereon. Before applying for such zoning relief, however, the owner had obtained planning-board approval to subdivide her previously merged lots back to their original dimensions, thereby restoring them to their undersized status.

Because the property owner created the very hardship that formed the basis for her variance request and because the Superior Court misapplied the law pertaining to its review of…