Perhaps the late Whitney Houston captured the right sentiment when she sang, “I believe that children are our future. Teach them well, and let them lead the way.” While it may seem that the South Jersey area is littered with gas stations, retail stores, and parking lots, here’s proof that the Township of Cherry Hill cares about the future of our great state. They recently approved a meaningful expansion of community-based childcare services.
Once again, KD Law is proud to announce a significant land use victory. Recently, we successfully obtained use variance, bulk variance, and minor site plan approval from the Township of Cherry Hill Zoning Board on behalf of a brand new education and daycare center on Marlkress Road.
Not only does this latest land use victory offer families a safe and supportive space for children to learn and grow, it’s also an important reminder of how New Jersey’s land use process works and how expert representation can make the difference.
We Hit The Trifecta of Zoning Approvals: Use Variance, Bulk Variance, and Minor Site Plan Approval
Do you remember hearing Burger King’s old slogan in their commercials? It was “Have It Your Way.” Essentially, it meant that whether you ordered a Whopper or another burger, you can customize it to your liking. Extra pickles, no onions, add cheese, whatever. While zoning approvals are significantly more complex and involve multiple parties, they’re basically a way for property owners and developers to “Have It Their Way.”
Land use terminology can be confusing for property owners and residents alike. Here’s what each approval means and why they mattered for this project.
- Use Variance
A use variance allows a property to be used in a way that is not normally permitted under current zoning. In this particular case, the property’s zoning did not automatically allow an education/daycare center. To move forward, they simply had to prove that:
- The proposed use serves the community,
- The site is particularly suited for the use, and
- The project will not negatively impact surrounding properties.
Obtaining a use variance is often the most challenging step in the zoning process. It often requires strong evidence, expert planning, and a clear presentation to the Board.
- Bulk Variance
A bulk variance deals with the physical or dimensional features of the property. These may include the required setbacks, building height, lot coverage and parking layout.
In this particular case, the daycare center had to prove that the footprint of their building, including the parking area, could meet Cherry Hill’s standards.
- Minor Site Plan Approval
A minor site plan approval is required for smaller-scale development projects that affect site layout but don’t rise to the level of a major redevelopment. It ensures that:
- Traffic flow is safe,
- Landscaping and lighting comply with local ordinances,
- Environmental and stormwater standards are met, and
- The project fits appropriately into the neighborhood.
The Township of Cherry Hill wanted to ensure that the development would integrate well into the community.
In this case, our client wanted to “Have It Their Way” while the Township of Cherry Hill Zoning Board also wanted to “Have It Their Way.” At first glance, it may seem like a standoff. However, by teaming with the real estate attorneys of KD Law Group and getting the support of the community, it proved to be a win-win! (Actually, a win-win-win.)
When the Community Rallies, the Community Wins
It’s important to remember that no matter the jurisdiction and the zoning approvals at stake, all boards share something in common. People. People who can be swayed by public outcry. People who are inundated with negative posts and comments all over social media. People who may have their own beliefs and prejudices.
When this education and daycare center went before the Cherry Hill Zoning Board, they already had several strikes against them. A number of ill-informed “keyboard warriors” were expressing their displeasure about the new daycare center. Uneducated beliefs should have no influence on an application’s success. Unfortunately, too often they do.
Thankfully, to counter the negative public outcry, members of the community stood up. Community members, friends, and family came out in large numbers in front of the Board to support the applicant.
Through our hard work and the community’s response, this education and daycare center obtained use variance, bulk variance, and minor site plan approval from the Township of Cherry Hill Zoning Board!
At KD Law, we believe that every client deserves a fair, unbiased review of their application. We are committed to ensuring that worthwhile projects succeed, even in the face of public misconceptions or unnecessary opposition.
If you’re considering a land use project in or around the South Jersey area, contact KD Law to discuss how we can help guide you through the approval process with confidence and clarity.
—–
