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

or lawfully existing structures cause exceptional difficulties or undue hardship for development of a specific piece of property. Variances may be granted under MLUL §70(c)(2) when it would further the purposes of zoning, the benefits outweigh the detriments, and it offers a better alternative than what is allowed by the Ordinance. In all instances the Applicant must also prove that granting the variance will not cause substantial detriment to the public good nor substantially impair the intent and purpose of the Master Plan or zoning Ordinance. 20. The Board finds that all of the variances requested are warranted on c(2) grounds. The benefits of the proposal are obvious — replacing a non-permitted rooming house and another older structure with a new and attractive medical office building are the type of improvement contemplated by Principles #2 and #4 of the 2010 Master Plan and will also promote a desirable visual environment furthering purpose 2(i) of the Municipal Land Use Law as well as promoting the general welfare furthering purpose 2(a) of the Municipal Land Use Law. The front yard setback intrusion allows for the appropriate development of the site, the excess lot coverage will be accommodated by the oversized storm water drainage system, the parking setback allows for needed parking, wall height and location are appropriate design elements for development of the site, the reduced number of parking spaces will be offset by the proximity to public transportation and Medicaid transportation alternatives for patients, no loading space is needed, trees will be planted off site to compensate for the trees being removed, disturbance of steep slopes is a result of topography as is disturbance of grade within 5’ of the property line. In addition the Board finds that the variances for retaining wall height, retaining wall location, disturbance of steep slopes and elevation changes more than 1’ within 5’ of the property line are also justified on MLUL(c)(1) grounds given the lot’s slope. 21. The Board finds further that granting the variance will not cause substantial detriment to the public good. The most significant offsite impacts being storm water drainage and the size of the project are mitigated by oversized drainage capacity and the attractiveness of the proposed building. And by upgrading and improving the site the application will further

drainage and the size of the project are mitigated by oversized drainage capacity and the attractiveness of the proposed building. And by upgrading and improving the site the application will further principles of the Master Plan and purposes of zoning thereby causing no substantial impairment to either. To the contrary the proposal further the Township’s planning goals. 22. The Board specifically finds - based upon the evidence presented and the Board’s knowledge of local conditions — that pursuant to Ordinance Section 25- 27.7(c)(2) the tree removal proposed by the applicant will not result in or cause, increase or aggravate any or all of the following conditions: a. Impaired growth or development of remaining trees or shrubs on the property of the Applicant or upon adjacent property - the site is constrained so replacement trees will be planted offsite, also additional landscaping is included in the site plans;