Plg Dir Memo ZB 21 21 Daughters of Israel updated 11 4 22

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 6 with the proposed building materials and design and its text is to be determined. Five 8.75-square foot ground signs are proposed throughout the interior of the site: one identification sign for the health center and four directional signs. Five façade signs ranging in area from 32 to 48 square feet are proposed on the building. A number of sustainable design features are proposed, including green and solar roofs (22% and 13% of roof surface, respectively), water efficient landscaping, construction waste management and low emitting materials. The applicant is also requesting approval to construct the project in four phases, with a statutory protection period of 10 years. DISCUSSION/RECOMMENDATIONS Variance Proofs The subject property is located in the R-2 Residential zone district. As noted, use variances are required for the proposed mix of uses and to permit more than one principal use on a single lot. The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70d(1) enables a board of adjustment to grant a variance to permit “a use or principal structure in a district restricted against such use or principal structure.” An applicant for a “d” variance must comply with the requirements of the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70d. A “d” variance may be granted only “in particular cases for special reasons.” The applicant’s planner indicates that this criterion is satisfied, as independent living senior apartments, nursing homes and assisted living residences are considered “inherently beneficial uses.” Such uses must satisfy a four-part test enumerated in the Sica v. Board of Adjustment of Tp. of Wall court case, as noted in the planning report. The applicant’s planner also opines this criterion is also satisfied due to hardship in using the property for a permitted use and that the subject property is particularly suitable for the proposed use. The application also requires a “d(6)” variance for height in excess of 10 percent and 10 feet of the permitted height. Pursuant to the Grasso v. Spring Lake Heights court case, the applicant must provide special reasons to show that the site will accommodate the problems associated with a height greater than permitted by the ordinance. In addition, the MLUL at N.J.S.A 40:55D-70c permits a board of adjustment to grant variances from the bulk regulations of

the problems associated with a height greater than permitted by the ordinance. In addition, the MLUL at N.J.S.A 40:55D-70c permits a board of adjustment to grant 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