Commons v. Westwood Zoning Board of Adjustment
New Jersey Supreme Court
410 A.2d 1138 (1980)
The Commonses (plaintiffs) owned an undersized residential lot predating the 1947 zoning minimums that made it nonconforming, and after failing to sell it to a neighbor or acquire adjoining land, a buyer (Weingarten) contracted to purchase it conditioned on obtaining a variance to build a smaller, comparably sized home matching neighboring properties. The Westwood Zoning Board (defendant) denied the variance, finding no undue hardship and that granting it would substantially impair the zoning ordinance's purpose, and the trial and appellate courts affirmed.
Whether a zoning board may grant a variance if strict application of zoning laws would cause a property developer undue hardship, provided the variance does not harm the public or substantially impair the intent and purpose of the zoning plan.