On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-5403-05.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Cuff and Fuentes.
Plaintiff Larry Price appeals from the order of the Law Division upholding the decision of defendant Union City Zoning Board of Adjustment to grant the application of defendant 414- 416 13th Street, LLC ("13th Street"), to construct a multi- family apartment house on a site currently zoned to limit development to a maximum of four family dwellings. We reverse.
13th Street's proposed apartment house consists of siX residential stories with five two-bedroom units on each floor.
Beneath the residential levels, 13th Street proposes two parking levels, one above grade and one below.
The property is located in Union City's "R Zone" and currently contains a nonconforming use in the form of a commercial bakery. The principal residential uses allowed by right in the R Zone are "one, two, and four family dwellings" and row houses for one family use. Conditional residential uses for this zone are "public housing developments for senior citizens" and "limited multi-family developments."
Union City's zoning ordinance does not define "limited multi-family developments." The ordinance does provide, however, that:
Note 21. Limited multi-family developments shall be permitted subject to site plan approval by the planning board and provided that:
(1) A sufficient land aggregate can be assembled to provide a site of at least 10,000 square feet.
(2) Such multi-family development would be compatible with the neighborhood in which it is contemplated, to be determined during the planning board's review for site plan approval.
(3) The requirements for garden apartment developments, as contained in Note 12, shall ...