2 ZBA Application

G. REQUIREMENTS FOR VARIANCES REASONS FOR RELIEF 4(C-1) and 4(C-2) Positive Criteria With respect to the positive criteria, the proposed reconfiguration with variance relief for building coverage promotes the zoning purposes set forth in N.J.S.A. 40:55D-2, including “subsection (a)” (to encourage municipal action to guide the appropriate use or development in a manner which will promote the public health, safety, morals and general welfare), and “subsection (i)” (to promote a desirable visual environment through creative development techniques and good civic design and arrangements). 4(D) Positive Criteria A (d) variance per N.J.S.A. 40:55D-70(d) must promote the general welfare by being “particularly fitted to the particular location for which the variance is sought.” 4(E) Negative Criteria The granting of this variance will not be substantially detrimental to the public good and will not substantially impair the intent of the zone plan and zoning ordinance. N.J.S.A. 40:55D-70(c)(2) sets forth the criteria by which a variance can be granted from the bulk requirements of a zoning ordinance. The C(2) variances criteria is based on the purpose that the Municipal Land Use Law (MLUL) would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation outweigh any of the detriments, The Board may not exercise its power to grant a “d(1)” variance otherwise warranted, however, unless the so-called “negative criteria” has been satisfied. Pursuant to the last unlettered paragraph of N.J.S.A. 40:55D-70: “No variance or other relief may be granted ... without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.” The variance on this Property advances the purpose of the MLUL by efficiently utilizing the use of the Property and preventing further deviations from the zoning ordinance. Relocating the athletic facility to the middle of the site will allow for an expansion of the facility that will not encroach upon the requisite setbacks and buffering on the site. It also creates a desirable visual environment, which is consistent with the community, as the proposed reconfiguration will not change the change the site visually. Finally, although the building coverage increases

a desirable visual environment, which is consistent with the community, as the proposed reconfiguration will not change the change the site visually. Finally, although the building coverage increases by less than 1%, the impervious coverage remains unchanged, thereby not negatively impacting neighboring properties. A professional planner will be present at the hearing to provide testimony on the request for deviations.