West Essex Highlands West Orange Planners Report 6 30 2024

June 30, 2024 Page 12 of 13 PB-24-01 West Essex Highlands Block 179, Lot 32 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Min. Unit Sizes (Affordable Units) One Bedroom: 650-SF Two-Bedroom: 875-SF Three-Bedroom: 1,150-SF One Bedroom: 700-800-SF Two-Bedroom: 1,050-1,250-SF Three-Bedroom: 1,220-1,300-SF Complies Min. Off-Street Parking 966.4-Spaces (Based on RSIS) 1,076-Spaces Complies Planner’s Comments The applicant proposes to develop a four hundred and ninety-six (496) unit residential development, of which one hundred (100) units will be designated affordable units. The proposed development will also include resident amenities including a clubhouse with a swimming pool, among others. The applicant also proposes onsite improvements for sewer, water, drainage and lighting. Standards for Granting Variance Relief C - (Bulk) Variances The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70c sets forth the standards for variances from the bulk regulations of a zoning ordinance. C(1) Variance - The Board must find that there is either undue hardship or practical hardship with the strict application of the zoning requirements as stipulated in the Zoning & Land Use Regulations, as a result of: a) exceptional narrowness, shallowness or shape of a specific property, or b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. C(2) Variance – The Board must find that the proposed deviation from the Zoning & Land Use Regulations will advance the purposes of the MLUL and that the variance can be granted without substantial detriment to the public good, that the benefits of the deviation would substantially outweigh any detriment. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant or the property owner. Here too, the Board must be satisfied 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 Township.