PB 20-03 Central Avenue Redevelopment Area Zone (Signed Resolution)

Bulk Standard Required ___ Proposed Max. building height 55 feet 60.48 feet Min, residential unit size 750 sq. ft 686 sq. ft. Min. non-buildable area 20% 14.3% Min. landscape _ buffer 5 ft. 4 ft. along Lot 11.01, alongside or rear property line adjacent to residential use 11.02, 11.03, 11.04, 17, 23, 25, 26 and 27 The Municipal Land Use Law, at N.J.S.A. 40:55D-70(c) provides Boards with the power to grant variances from bulk and other Ordinance requirements when the Applicant satisfies certain specific proofs which are enunciated in the statute. Under the (c)(2) criteria, the Applicant must demonstrate that in a particular instance relating to a specific piece of property, the purposes of the Act would be advanced by allowing a deviation from the Zoning Ordinance requirements and that the benefits of any deviation will substantially outweigh any detriment. These tests specifically enumerated above constitute the affirmative proofs necessary in order to obtain "bulk" variance relief, under Section (c)(2). Also, an applicant for these variances must show that the proposed relief sought will not cause a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The burden of proof is upon the Applicant to establish that these criteria have been met. The variance for the building height is justified because the Applicant credibly testified that the building height to the roof surface is only 56 feet 7 inches, or only 1 foot 7 inches higher than permitted. However, roof slopes and parapets to improve drainage and desirable architectural features at the entrance encouraged by Redevelopment Plan cause the overall height to be 60.48 feet. Much of the property in question is located in the flood hazard area of the East Branch of the Rahway River. Flood hazard area regulations impose strict requirements in terms of minimum elevations of the building. These requirements result in raising the building out of the ground, increasing the height. The benefits of providing the increased height, including compliance with the flood hazard area regulatory requirements and providing a quality mixed-use project outweigh the detriments from providing the additional height proposed. Granting this relief will not be substantially detrimental to the public good and will not substantially impair the

d-use project outweigh the detriments from providing the additional height proposed. Granting this relief will not be substantially detrimental to the public good and will not substantially impair the intent or purpose of the Redevelopment Plan or Zoning Ordinance. The height of the building is not out of character with the adjacent building approved by this Board and there are sufficient setbacks to mitigate the impact of the additional height. With respect to the variance for non-buildable area, the Applicant is providing over 14% of the property as non-buildable area, although the Plan calls for a minimum of 20%. This