Planning Director Memo ZB 22 09 89 Ashland Avenue LLC

PROPOSED DEVELOPMENT The applicant is proposing to construct a three-story, two-unit residential building attached to an existing three-story, six-unit residential building. It would be constructed on Lot 44 and would abut the existing building. A driveway opening would be provided under the building to allow continued access to the rear of the property. The new building is proposed to contain two three- bedroom duplex units on the second and third floors. No changes are proposed to the existing building. The 20-foot wide, two-way driveway under the new building will connect to a new parking lot on the rear portion of the property. It is proposed to have nine parking spaces, including one handicap space. Three of these spaces are proposed to be electric vehicle “make-ready” spaces. Trash and loading areas are provided adjacent to the northwest portion of the building. Sidewalks are proposed at the rear of the existing and new building, adjacent to the parking lot. Landscaping is proposed along rear property line (18 Dwarf English Boxwood shrubs) and portions of the southwest side property line (11 Rocky Mountain juniper trees). Two light poles and a bollard light are proposed. DISCUSSION/RECOMMENDATIONS Variance Proofs The subject property is located in the I Industrial zone district. As noted, multifamily residential is not a permitted use in the I zone. The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D- 70d(2) enables a board of adjustment to grant a variance to permit the expansion of a nonconforming use. 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 in the planning report that despite being in an industrial zone, the section of Ashland Avenue where the subject property is located is primarily residential in character. 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

rdship 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. AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 3