Chirichello v. Zoning Board of Adj. of Monmouth Beach

Chirichello v. Zoning Board of Adj. of Monmouth Beach 78 N.J. 544, 397 A.2d 646 (1979) recognized an exception to the general rule that contiguous, undersized lots held in common ownership will merge to eliminate the non-conformity. Where an applicant acquires common ownership of contiguous lots, merger does not automatically occur where the lots in question front two different streets and the acquisition of the additional lots did not transform the initial lot from nonconforming to conforming status, thereby eliminating the need for a variance. Chirichello, supra, 78 N.J. at 553, 397 A.2d 646. In Chirichello, the applicant applied to the Board of Adjustment for bulk variances for frontage and lot area in order to construct a house on an undersized lot. The Board denied the applicant's request, finding that the applicant's hardship was self-created as the applicant had, at one time, owned contiguous lots to the rear of the undersized lot which the Board claimed had merged, resulting in one conforming tract. The Supreme Court held that under those circumstances, no merger had occurred. In Chirichello, supra 78 N.J. at 553, 397 A.2d 646, the Supreme Court stated: "In determining whether undue hardship has been shown, it is always appropriate to consider whether the situation was self created."