Chirichello v. ZONING BOARD, BOROUGH OF MONMOUTH BEACH

The opinion of the court was delivered by

Schreiber, J.

At issue in this case is the propriety of denying a variance from area requirements in a zoning ordinance where the property owner proposes to comply with the ordinance’s use restrictions. The proceedings were initiated when plaintiff Josephine Chirichello filed a complaint in lieu of prerogative writ to review the correctness of the denial by the Board of Adjustment of the Borough of Monmouth Beach of her application for a variance to construct a house on an undersized lot. The Superior Court, Law Division, and the Appellate Division…