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

Section/Requirement Required Existing Proposed _| 25-12.2 b.1. Minimum 338 271 270 number of parking spaces application of Goldberg follows: 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 requirement: 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 proposal is limited to converting existing garage space to an office for the Co-Op apartment complex, thereby eliminating one (1) garage space / parking space. The parking required on the property is: 338 spaces; there are 271 existing spaces and 270 are proposed by the elimination of one (1) garage space. Hence, the parking shortfall is already in an existing non-conformity on the property. The removal of one additional garage space will cause Ordinance, Master Plan or community at large, as the an office within the existing garage space and will allo no deleterious impacts to the roposal is limited to adding for the property to better utilize the space to continue to attract and meet with potential residents. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the Realty Associates for property located at 23 Wilfred Street, is determined as 1. The Board grants the following bulk variance relief pursuant to NJ.S.A. 40:55D-(c)(2): Section/Requirement Required Existing Proposed 25-12.2 b.1. Minimum 338 271 270 number of parking spaces 2 Minor site plan approval is granted along with the waivers for certain checklist items.