Azrak & Associates Wins Land Use Appeal Regarding Flag Lot

Azrak & Associates, represented by Fredric F. Azrak, Esq., appealed on behalf of a client a denial by Pequannock Township’s Planning Board for a variance and subdivision to establish a flag lot on their property and won a reversal of the Planning Board’s denial. Arguing in Superior Court in Morristown, NJ in front of the Honorable B. Theodore Bozonelis, Mr. Azrak proved that the Planning Board in denying the clients application had based their decision on an incorrect interpretation of the applicable codes and case law. The client wanted a variance to establish a flag lot on their property but was unable to meet the zoning code requirement of a 50-foot access. Judge Bozonelis, in rendering his opinion stated that the Planning Board had focused on this requirement without taking into consideration the unique features of the lot as a whole; that the subdivision when established would significantly exceed the 22,000 square foot requirement in a residential zone; the removal of a non-conforming use on the back portion of the lot; and the unique length of the lot in comparison to other lots in the neighborhood. As a further basis for his decision the judge stated that the denial of the variance would constitute a hardship on the client, and that the proposed subdivision constituted a better zoning alternative for Pequannock Township. He also stated that based upon the facts the Zoning Board’s decision was “arbitrary and capricious.” By issuing a reversal, the Planning Board is unable to reconsider the judge’s decision which they could have done if the decision was a remand.

Azrak & Associates, L.L.C. have successfully represented clients in Municipal Land Use cases for over 35 years. If you have a similar situation or another land use situation where you may need a variance, Azrak & Associates offers a free half hour consultation to discuss your options. Contact our office at 973-839-6859 or email lawyers@azraklaw.com.

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