PB-23-09 Essex County Country Club Block: 156 Lot: 1

10. developed. Therefore, and as a result of the structures lawfully existing thereon, compliance with the Code provisions would result in an undue hardship upon the Applicant. Additionally, the creation of additional parking islands, bio-retention and additional plantings will advance the purposes of the Municipal Land Use Law to prevent flood and to promote a desirable visual environment through creative development techniques and good civic design. . 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 Board finds that the Applicant has demonstrated that the variance 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 since the proposal creates provides more landscaping than what exists within the parking area to today and has added benefits of creating bio-retention and reducing the heat island effect. The Board further finds that the benefits of the overall proposed project significantly outweigh the detriments as the project advances the purposes of the MLUL (N.J.S.A. 40:55D-1 et. seq.) by promoting the general welfare. It decreases the existing parking deficit, reduces impervious coverage, creates more landscaped areas, provides electric vehicle parking where none had previously existed, and enhances safety by widening the driveway entrance. With respect to the negative criteria under the MLUL, the Board accepts the testimony that the proposed changes will not have any negative effect on the public