PB-23-10 GBSJ LLC The Goddard School Block: 83 Lot 1 & 5.01

variance as part of site plan or subdivision review. The variance proofs are the same as for “c” variances as set forth in N.J.S.A. 40:55D-70. A c (2) variance may be granted when 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 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. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. 2. The use at the site is both a permitted use and an inherently beneficial use. The requested variances for minimum front yard, minimum side front yard and maximum lot coverage satisfy the c (1) criteria as they are pre-existing conditions which are hardships caused by the property and as to the lot coverage the improvements to landscaping and curbing will improve the conditions on site. The requested parking variance satisfies the c (2) criteria because the project as a whole advances the purpose of the MLUL as it is inherently beneficial and also will be an aesthetic improvement due to the removal of non-permitted uses (communication towers) and also is an encouraged use under the Master Plan. 4. The benefits of the project outweigh any negatives. {Goddard School Draft Resolution}8