PB 21-08 Sign Pros- Resolution (Adopted)

l l [ for letters] 2. The Municipal Land Use Law, at N.J.S.A. 40:55D-70c 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, 3. 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. 4. These tests specifically enumerated above constitute the affirmative proofs necessary in order to obtain "bulk" variance relief, under Section (2). B 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. 6. In this case the proposed Family Dollar store is located over 180' from the street. A larger wall sign letter height will be more visible for both vehicular and pedestrian traffic. The intent of the sign ordinance is to identify the businesses. Allowing for this variance for a larger letter height under these circumstances would substantially outweigh any detriment. Further, the ordinance does require the sign to be externally illuminated. Once again, the distance from the street and the other signs on the facade, the CVS sign, are internally illuminated. All the signs located are in the sign band and the proposed Family Dollar sign is located in the sign band. By allowing the larger letter height it will more equally fill the space. The sign proposed is proportional to the building area and is centered over the entrance. es The monument sign will incorporate the new tenants. The internal illumination will allow the sign to be more visible for both pedestrian and vehicle traffic, The sign will match the new wall signs also giving a consistent design on the property. The sign size and height does not change. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the amended application (PB-21-08) of Sign Pros for property located at 217 Main Street, is determined as follows: 1. The

FORE be it resolved by the Planning Board of the Township of West Orange that the amended application (PB-21-08) of Sign Pros for property located at 217 Main Street, is determined as follows: 1. The Board grants the following bulk variance relief pursuant to N.J.S.A. 40:55D-70(c): Section/Requirement Permitted/Required Existing Proposed Downtown Redevelopment Plan Not permitted None 1 Proposed signage requirements — internal illumination Downtown Redevelopment Plan signage requirements — comply with