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12 N.J.A.R. 771

Smith, Milford and Doris v. Pinelands Commission
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Citation: 12 N.J.A.R. 771
Decision Date: 1990
Agency: PINELANDS COMMISSION
Synopsis: The Executive Director of the Pinelands Commission rec- ommended denial of petitioner's application for a waiver of strict compliance from minimum lot size requirements in order to construct a single family dwelling on a lot they own which is adjacent to the property where they reside in the Pinelands. Petitioners appealed and the matter was transmitted to the Office of Administrative Law for a hearing. Petitioners want to develop the adjacent lot so that their daughter and her family can live there. The administrative law judge assigned to the case concluded that petitioners did not meet the minimum lot size requirement for single-family development and did not demon- strate extraordinary hardship arising out of the characteristics of their property. Their hardship was related solely to petitioners' personal situation, namely their desire to have their daughter live nearby. Personal hardship is not grounds for a waiver. Upon review, this initial decision was adopted by the Pinelands Commission. Milford and Doris Smith, pro se George Cook and Karen L. Hershey, Deputy Attorneys General, for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney)
Rule(s) Cited: 7:50-4.1(a) 1 7:50-4.66 7:50-5.26