BermanApplication

MRLG MONTCLAIR REAL ESTATE LAW GROUP JAMES H. ASHENFELTER LORENE E. GOLIA JASH@MONTCLAIRLAW.COM LGOLIA@MONTCLAIRLAW.COM ALAN G. TREMBULAK OF COUNSEL: ATREMBULAK@MONTCLAIRLAW.COM CALVN O, TREVENEN CTREVENEN@MONTCLAIRLAW.COM PROPOSAL The Applicant has applied for minor subdivision approval to subdivide the subject property into two lots. The proposed lots comply with applicable bulk regulations for the R-6 Zone District except for the required rear yard setback for one of the proposed lots. The Applicant requests a variance from Section 25-7.1 of the Zoning Ordinance to permit a rear yard setback of 17.94 feet for one of the proposed lots whereas the ordinance requires a minimum rear yard setback of 30 feet. REASONS FOR RELIEF The proposed subdivision complies with the lot area, lot width and lot depth requirements for the R-6 Zone. The requested rear yard variance is justified under the criteria set forth in N.J.S.A. 40:55D-70.c(2) in that granting the variance will advance the purposes of the Municipal Land Use Law by encouraging the appropriate use of land which promotes the public health, safety, morals and general welfare (-2a); by providing adequate light, air and open space (-2c); and by providing sufficient space in an appropriate location for the creation of an additional buildable lot. The variance can be granted without substantial detriment to neighboring properties and without substantially impairing the intent and purpose of the West Orange zoning ordinance or Master Plan. The overall size of the proposed lots is consistent with the majority of the lots in the surrounding neighborhood.