PB-25-04 Blue Violet Grow LLC Block: 62 Lot: 22.01, 32 & 34 (76 Ashland Avenue)

32: 33% 34, school building or within 500 feet from the property line of any property with a House of Worship. Only 10 employees maximum are permitted at the proposed cultivation facility by formula established by State statute pertaining to micro cannabis cultivation and manufacturing facilities and West Orange Ordinance 2852-24 states that the Applicant must provide one space for every 1000 square feet of gross floor area which in this case requires a total of 19 parking spaces and a total of 37 spaces for all of the uses on the property. The Applicant is providing 37 parking spaces on site. N.J.S.A. 40:55D-60 permits a Planning Board to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance as part of site plan 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. Applicant’s planning expert, John Barree, PP, testified that as to the variances being requested, all are pre-existing conditions (parking space closer than 50 feet of public right-of-way for the deli, access driveway within five (5’) of a side lot line and eighteen