Plg Dir Memo ZB 22 11 Kibutu

windows and a closet and thus could be considered another bedroom. The second floor includes a guest bedroom and bathroom, a play room and an outdoor deck. An 18-foot wide driveway is proposed in front of the dwelling providing access to the garage. A retaining wall is proposed on the west side of the driveway. A total of three underground stormwater retention systems are proposed beneath the front and rear yards. Access to the rear yard is proposed by a walkway along the east side of the dwelling. An eight-foot high chain link fence with privacy slats is proposed on the east property line. One Japanese Maple tree is proposed in the front yard. No other landscaping is shown on the plans. Two bollard light fixtures are proposed flanking the driveway, and two building-mounted lights are proposed. DISCUSSION/RECOMMENDATIONS The subject property is located in the R-6 residential zone district, in which the proposed use is permitted. However, certain variances from bulk standards and other regulations are required as listed above. 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. A number of the requested variances relate to the topography of the property. Testimony must be provided regarding the potential impacts of development on steep slopes and proposed

ofs are addressed. A number of the requested variances relate to the topography of the property. Testimony must be provided regarding the potential impacts of development on steep slopes and proposed mitigation measures. Additional information must be provided regarding any proposed walls, including the type and height. Sheet two of the engineering plans indicate ten trees are proposed to be removed, but does not indicate whether any replacement trees are required to be provided. The applicant must submit a tree removal application and plan. AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 3