31 35 Harrison Avenue West Orange Planner Report 9 6 2024

September 6, 2024 Page 9 of 11 PB-24-15 31-35 Harrison Avenue Block 141, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Planner’s Comments The applicant proposes to expand their printing and embroidery business, Uptown Printing, LLC., by constructing a one-story, 2,130-SF addition to the rear of an existing commercial building. Retail sales is the existing use on the site and is permitted in the B-1 District. However, the proposed development does not meet all the required bulk standards for the B-1 District. Specifically, the proposed addition will trigger the need for a side yard setback variance, on the southern side of the proposed addition. Whereas a minimum side yard setback of 6-feet is required, the proposed development will provide a setback of 3.3-feet on the southern frontage. It should be noted here that the addition will conform to the setback requirements on all other sides. The applicant has indicated in their proposal that the encroachment into the side yard setback is necessary to accommodate the proposed 8-foot-wide door in the southwestern street-facing facade. The applicant states that the width of this door is as small as it can be to allow ingress/egress. The applicant should provide testimony as to exactly how this 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 and

dvance 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 and that the variance will not substantially impair the intent an purpose of the zone plan and zoning ordinance. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant of 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 City.