PB-19-03/Zufall Health Center, Inc.

setback, maximum lot coverage, accessory use setback (parking area), maximum wall height, wall in front yard, minimum number of trees in parking area, minimum number of parking spaces, minimum number of loading spaces, number of trees to be preserved, maximum grade change within 5° of property line, steep slope disturbance and maximum retaining wall height. 13. He stated that all of the requested variances could be granted pursuant to N.J.S.A. 40:55D-70(c)(1) or c(2). He noted that c(2) variances may be granted when they involve a specific piece of property where the benefits outweigh the detriments, and that c(1) variances may be granted when unusual conditions such as shape or topography affect a specific piece of property and cause undue hardship. He then opined that the variances for front yard setback, excessive lot coverage, number of parking spaces and no loading space, could be granted on c(2) grounds, while the remaining variances for distance of parking from property line, height of retaining walls, wall in the front yard, disturbance of steep slopes, alteration of site elevations more than 1 ‘within 5’ of the property line, certification from engineer regarding retaining walls greater than 4°. He further opined that hardship could justify removing trees when a minimum of 30% of trees are to be preserved and from having a qualified tree expert’s report for a tree removal and replacement plan. He stated the variances would further purposes of zoning, namely, 40:55D-2(a) by promoting the general welfare, 2(e) by promoting appropriate population concentrations to contribute to the well-being of the community, and 2(i) by promoting a desirable visual environment. He stated that the project would eliminate an existing boarding house which is a non-permitted use in the zone, and would qualify as an inherently beneficial use if this were a use variance application. He noted the project would promote principles #2 and #4 of the 2010 Master Plan Reexamination by repurposing this site in the downtown area with a new and attractive building. 14. The owners of 80 Main Street were represented by counsel and made request for changes involving drainage and a restriction on the length of the variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW 15. | The property is located in the OB-2 zoning district where medical office buildings are a permitted use. 16.

restriction on the length of the variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW 15. | The property is located in the OB-2 zoning district where medical office buildings are a permitted use. 16. Applicant seeks Preliminary and Final Site Plan approval with variance relief and a tree removal permit in connection with the demolition of existing structures and construction of a 3-story medical building. The site is presently occupied by two structures one of which is a former rooming house and the other a professional office and music school. The proposed building would be a substantial upgrade for the site.