Lang v. Zoning Board of Adjustment

The opinion of the Court was delivered by

STEIN, J.

This appeal involves a conventional “c” variance application to permit construction of an in-ground swimming pool with an insufficient southerly side yard setback, an insufficient rear yard setback, and land coverage of the property’s rear yard consisting of 14.17 percent rather than the 10 percent permitted by ordinance. The North Caldwell Board of Adjustment (Board) granted the variance under both subsections c(l) and c(2) of N.J.S.A. 40:55D-70. The Board determined that the applicant’s need for the variances was occasioned by the unusual…