June 11, 2008
62-64 MAIN STREET, LLC, AND 59-61 MOORE STREET, LLC, PLAINTIFFS-APPELLANTS,
PLANNING BOARD OF THE CITY OF HACKENSACK, DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Law Division, Bergen County, L-6400-06.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 28, 2008
Before Judges Coburn, Chambers and Waugh.
Plaintiffs 62-64 Main Street, LLC and 59-61 Moore Street, LLC, property owners of two lots in Hackensack, sought several variances from the Planning Board of the City of Hackensack ("Board") in order to build a bank branch. The Board denied plaintiffs' requests, primarily because of concerns for traffic patterns and the lack of necessary parking spaces at the proposed site. At the hearing, plaintiffs did not offer a traffic expert. As to the parking, the zoning required 33 parking spaces, but the proposed plan only provided 20 parking spaces, a 40% decrease in the number required. The trial court affirmed the Board's decision, finding that it was neither arbitrary, unreasonable or capricious.
After carefully considering the arguments, briefs and record, we are satisfied that all of plaintiffs' arguments are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E), and we affirm substantially for the reasons expressed by Judge Toskos in his thorough and well-reasoned written opinion.
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