325 Mount Pleasant Ave ZB 24 06 Planning Review August 12 2024

12 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 v. Mine Hill, the Court noted that applications to expand lawfully created preexisting nonconforming uses offer boards opportunities to impose conditions, frequently aesthetic, which will help integrate the use with its surroundings, an especially important consideration for uses which are thriving and therefore not likely to end soon. When considering a d(6) height variance, the applicant must show the site is particularly suited for more “intensive” development and that the site can accommodate the potential problems associated with a height greater than that permitted by the ordinance. In addition, a showing of the Negative Criteria is necessary to obtain a “d” Variance. The applicant must still demonstrate that the proposed variance can be granted “without substantial detriment to the public good and will not substantially impair the intent and the purpose” of the Master Plan and Zoning Ordinance. Bulk “C” Variances As previously noted, the application requires three “C” variances. The first is related to lot coverage, where the maximum lot coverage for the zone is 30%. 41% lot coverage is existing and 44% is proposed, related to the slab foundations for the electrical equipment and although, not specifically discussed within the application, the “drive paths” proposed. A variance is also required for exceedance of the minimum side front yard for a corner lot. The requirement is 100 feet. The existing condition is 211.6 feet to Mount Pleasant Avenue and proposed to be reduced to 77.9 feet to the property line. The third bulk variance is for the height of the proposed fence. The existing fence along the perimeter is six feet and the applicant proposes to construct a new fence eight feet in height. The Township of West Orange Zoning Code permits a maximum fence height of six feet under §25-8.4 Walls and Fences. N.J.S.A. 40:55D-70c sets forth the criteria for a planning board to grant variance from bulk requirements of zoning ordinance. Two types of “c” variances can be granted: