PB-18-09/Kessler Foundation, Inc.

15. 16. 17. 19. 20. Proposed §25-7.1 Maximum Lot 36.02% 37.05% 30% Coverage §25-11.2 Minimum Side 58.5 ft. 44.2 ft. 75 fi. Yard Non-Residential §25-12.3(a)(2)(d) Minimum | 2 spaces 2 spaces 7 spaces Number of Loading Spaces §25-28.8 Maximum 53.42% 54.94% 30% Effective Lot Coverage Regarding the setback variance he noted that the standard should not apply because although the property is located in a residential zone its use is not residential, nor is the adjoining right side user. He argued that the unique condition of the existing use and structure lawfully existing thereon justified a “c(1)” variance. Regarding the other variances he argued that they could be justified on “c(2)” grounds since the benefits outweighed the detriments and they offer a better alternative to the zone plan. The Applicant already has two loading spaces and the new office, lab and storage space do not require an additional one. As for the lot coverage variances he noted that the two main concerns, namely, stormwater and light and air were well protected despite the variances. He further noted that the size, shape and slope of the lot, as well as the proposed improvements being at the rear and practically unseen from the street were signs that the property could accommodate the increase in coverage. Mr. Petry noted that the new addition would be used for research to further on the purposes of the Kessler rehabilitation facility next door where victims of serious physical and mental injuries received treatment for severe disabilities. In that way he said it was accessory to an inherently beneficial use and should be thought of similarly. FINDINGS OF FACT AND CONCLUSIONS OF LAW The Premises are located in the R-2 residential zone where a rehabilitation hospital is a permitted use. Applicant seeks to construct a 11,302 sq. ft., two-story, 30’ tall addition for additional research facilities at its campus on 1199 Pleasant Valley Way. The addition would contain room for offices, storage and dry lab space. The addition was described as necessary to further the work of Kessler Rehabilitation Institute which treats individuals suffering from severe disabilities. The addition would trigger four (4) variances — lot coverage, effective lot coverage, number of loading spaces and right side yard setback, as described in the chart in Par. 14 above.