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Supporting Documentation · Date unavailable

PB-21-01 West Orange Plaza Block: 152.01 Lot 1445 & 1445.05

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42. The Board does not find that there is an issue as to the calculation of coverage and that Mr. Steck’s testimony is not supported by the clear language of the West Orange Zoning Ordinance with respect to the calculations of building or impervious coverage. Under the Ordinance, if there was a shortfall as to building coverage or impervious coverage requiring a variance, they would be a c variance and within the jurisdiction of this board to determine. 43. Members of the public offered comments regarding the lack of “cool pavement,” solar panels on Target’s roof and requests for more trees on the property; however, the Board noted that the Township Planner testified that the West Orange Code does not require cool pavement or solar panels and the amount of landscaping provided by Applicant exceeded the Township Code requirements. Further, the assumption that the approved drive throughs were created for use by “fast food” restaurants is unfounded as the unequivocal testimony by the Applicant’s witnesses was that there are no restaurant tenants under contract with the applicant, nor is the Applicant seeking restaurants that meet the definition of “fast food restaurants” under the Code. Finally, the Board also notes that should a potential tenant for the site present a business not permitted in the zone they would have to make an application on proper notice to the Zoning Board of Adjustment. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. This application requires the following variance relief, as well as site plan approval: [2.. Section | Required __| Existing | Proposed

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