Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

House of Fire Christian Church v. Zoning Board of Adjustment of City of Clifton

Superior Court of New Jersey, Appellate Division

December 31, 2013

HOUSE OF FIRE CHRISTIAN CHURCH, Plaintiff-Respondent,
v.
ZONING BOARD OF ADJUSTMENT OF THE CITY OF CLIFTON and THE CITY OF CLIFTON, Defendants-Respondents, and LIVIA PEPPER, Intervenor-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 9, 2013.

On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-6003-02.

Carlet, Garrison, Klein & Zaretsky, L.L.P., attorneys for appellant Livia Pepper (Frank A. Carlet, on the brief).

Finazzo, Cossolini, O'Leary, Meola & Hager, LLC, attorneys for respondent House of Fire Christian Church (Robert J. Pansulla, on the brief).

Before Harris, Kennedy, and Guadagno Judges.

PER CURIAM.

Intervenor Livia Pepper appeals from the Law Division's July 6, 2011 order[1] that reversed the Clifton Board of Adjustment's denial of plaintiff House of Fire Christian Church's land use application for a house of worship in a residential zoning district. We affirm.

I.

The Church owns real property on Grove Street in Clifton, which it acquired in 2001.[2] The land is located in Clifton's R-A1 Single Family Residential Zone, which permits a house of worship as a conditional use. See House of Fire Christian Church v. Zoning Bd. of Adj. of Clifton (House of Fire I), 379 N.J.Super. 526, 531 (App. Div. 2005).

The Church sought to demolish the existing single-family residence on the property and construct a new church facility in its place. To accomplish this goal, the Church needed municipal and county site plan approval, and at least two conditional use variances for:

(1) minimum lot size (the zone requires a minimum of 20, 000 square feet, but the Church's lot is only 17, 325 square feet);
and
(2) minimum lot width (the zone requires a minimum lot width of 100 feet, but the Church's lot is ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.