This variance may be sought where an applicant can show that strict application of the ordinance, where there are unique and exceptional characteristics of the subject property, would result in undue hardship to the applicant.
In Ric-Cic Co. vs. Bassinder, 252 N.J. Super. 334 (App. Div. 1991), the court held that denying setback and off-street parking variances would create hardship where they would make development of the applicant's property impossible under the circumstances. The applicant was rebuilding a restaurant on an ocean pier which had no space for parking or for the required setbacks.
Note: Personal hardship is not grounds for granting the variance. Nor is a self-created hardship grounds for granting the variance such as when an applicant constructs a dwelling in ignorance and in violation of the required setbacks. Negligence or flagrant violation of the zoning laws will not be rewarded with a variance. The proper analysis focuses upon the hardship arising out of the conditions peculiar to a specific piece of property.