PB 21-02 Goldberg Realty Associates- 23 Wilfred Street (Adopted)

condition with regard to the number of parking spaces. No other changes appear to be proposed to existing site conditions. 2. The property is located at the intersection of Wilfred Street and Mississippi Avenue along the northern boundary of West Orange. The surrounding area is primarily characterized by residential uses, including another apartment complex to the west, although a bus company facility is located on the south side of Wilfred Street across from the subject property. 3. The application requires the following bulk variance relief from this Board: Section/Requirement Required Existing Proposed 25-12.2 b.1. Minimum 338 271 270 number of parking spaces 4. The subject property is just over 10 acres in area and is developed with a garden apartment complex. Parking is provided in surface parking lots as well as in one-story garages. The existing leasing office is located in one of the garage structures in a converted garage bay. The applicant is requesting approvals to expand the existing office into an adjacent garage, which would result in the reduction of one existing parking space. The proposal would replace an existing garage door with two windows and brick infill. A new window surrounded by brick infill would also be provided for the existing office space. 5. The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-60 permits a planning board to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance as part of site plan or subdivision review. The variance proofs are the same as for “” variances as set forth in N.J.S.A. 40:55D-70c. A “c(1)" variance is for cases of hardship due to factors such as shape or topography, or due to “an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon.” A “c(2)” variance may be granted where the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a “c(2)” variance must include benefits to the community as a whole, not just the applicant or property owner. A“c’ variance applicant also must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial

variance applicant also must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. 6. The Applicant requests a waiver from certain Minor Site Plan Checklist items and the Sustainability Checklist. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law. A. This application requires the following variance relief, as well as minor site plan approval: