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Kinderkamack Road Associates, LLC v. Mayor and Council of Borough of Oradell, 412 N.J. Super. 8 (App. Div. 2011)

Representing Oradell Mayor and Council, the Court sustained the Mayor and Council’s determination that granting a use variance to landowner for use of landowner's residential lot, which adjoined landowner's commercial lots, as a buffer so that landowner could satisfy setback requirements for proposed development of commercial lots for pharmacy with drive-through window facilities, would cause substantial detriment to the public good and would substantially impair the intent and purpose of zone plan and zoning ordinance. The Borough's master plan sought to preserve and enhance the primarily residential character of the existing neighborhood by restricting incompatible land uses in established residential areas. The landowner's proposal would allow a business enterprise to encroach upon residential zone by effectively removing all residential uses for landowner's residential lot, and proposal would move commercial uses ten feet closer to a residence on another residential lot not owned by landowner and would allow more intensive use of landowner's commercial lots.

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