Plg Dir Memo ZB 22 08 Flores

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 3 A six-foot high PVC fence is proposed along southwest property line in the rear yard. Access to the rear yard is proposed by a walkway along the southwest side of the dwelling. DISCUSSION/RECOMMENDATIONS The subject property is located in the B-1 Retail Business zone district, in which the proposed use is permitted. However, certain variances from bulk standards and other regulations are required as listed above. It is noted that while the minimum lot width or the minimum lot area for two-family homes (75 feet and 7,500 square feet, respectively) are not met, there are lesser minimum lot width and minimum lot area requirements for one-family homes (50 feet and 5,000 square feet) and no such requirements for non-residential uses in the B-1 zone. The Municipal Land Use Law (MLUL) at N.J.S.A 40:55D-70c sets forth the statutory criteria for 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 applicant’s planner should provide testimony as to how the above variance proofs are addressed. It does not appear any existing trees are proposed to be removed on the subject property. However, there is a street tree in the Main Street right-of-way which will need to be removed for the construction of the proposed driveway. The applicant’s professionals should provide testimony regarding this tree, and whether a replacement tree is proposed.