PB 21-09 Sherwin Williams Resolution

be 20.56 square feet in area. Its width will be 11.375 feet and its height will be 1.75 feet. The sign is proposed to be internally illuminated. The existing two-sided monument sign along Main Street is proposed to be refaced to include signage for the existing CVS, the proposed Sherwin Williams store, and a third tenant, Family Dollar. The sign plans indicate the Sherwin Williams sign will be 1.33 feet high by approximately 4 feet wide, for an area of approximately 5.32 feet. The existing monument sign exceeds the maximum permitted height of eight feet but as it not being changed, a variance is not required. It is noted the Planning Board approved the same variance for the other tenants of the building at its September 1, 2021 meeting. No other changes are proposed to the exterior of the building, to the layout of the parking lot or to site circulation. The Municipal Land Use Law (MLUL) at N.J.S.A 40:55D-60 allows a planning board to grant variances ancillary to site plan approval, or in this instance, pursuant to a deviation from a redevelopment plan standard. The proofs are the same as N.J.S.A 40:55D-70c, which permits a board of adjustment to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance. 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 impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. The application requires the following bulk variance relief from this Board: VARIANCE REQUIRED “c” Variance SECTION/REQUIREMENT PERMITTED EXISTING PROPOSED /REQUIRED Downtown Redevelopment Plan signage | Not permitted None Proposed requirements —

e relief from this Board: VARIANCE REQUIRED “c” Variance SECTION/REQUIREMENT PERMITTED EXISTING PROPOSED /REQUIRED Downtown Redevelopment Plan signage | Not permitted None Proposed requirements — internal illumination . NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law.