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MIRIAM HOMES, INC. v. BD. OF ADJ. CITY OF PERTH AMBOY

156 N.J. Super. 456 (1976)

384 A.2d 147

MIRIAM HOMES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOARD OF ADJUSTMENT OF THE CITY OF PERTH AMBOY AND BUILDING INSPECTOR OF THE CITY OF PERTH AMBOY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1976.

Attorney(s) appearing for the Case

Messrs. Hampson & Millet, attorneys for defendants-appellants.

Messrs. Kovacs, Anderson, Horowitz & Rader, attorneys for plaintiff-respondent.

Before Judges LYNCH, LARNER and HORN.

PER CURIAM.

Plaintiff, a contract purchaser of a lot with a frontage of 25 feet and depth of 90 feet, applied for a variance from the zone requirements in order to construct a one family home. N.J.S.A. 40:55-39(c). The local ordinance required a minimum frontage of 50 feet and area of 5,000 square feet. In addition, the application sought a variance for side yards totalling five feet rather than the minimum requirement of ten feet.

The board of adjustment...

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