Ltr Diane Chandler Zimmerman enc documents 91224

Planning Report: Canterbury Village Page 5 e The proposed expansion allows for the continued existence and improved operation of a small ds scale residential health care facility which offers a more intimate experience than what has become the industry norm. (MLUL § 40:55D-2.g.) J e The proposed building addition is appropriately scaled to the existing building and site and creates a significantly more attractive fagade to visitors. (MLUL § 40:55D-2.i.) Negative Criteria MLUL further states that “no variance can be granted without a showing that such a 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.” This is known as the “negative criteria.” Burbridge also gives direction to the application of the negative criteria. Citing earlier case law, the Burbridge court summarized that “expansions of existing nonconforming uses ordinarily are less disruptive to the zoning plan than new nonconforming uses.” Case law finds that a limited extension of a pre-existing non-conforming use will ordinarily be less likely to involve substantial impairment of the Zoning plan than will be the creation of a wholly new use of such nature. This is especially evident when the non-conforming use is a permitted conditional use within the zone. It is my professional opinion that the proposed expansion of the Canterbury Village facility meets the Negative Criteria as follows: e The architectural solution to the physical expansion of the facility produces no detriment to the public good. e The placement of the addition as a connective element within the existing “C” shaped structure limits visibility from neighboring properties. e The 1 story infill expansion does not add mass to the existing structure, further reducing visibility and preserving the character of the neighborhood. e The size and character of the expansion also preserves the use of air light and open space on the neighboring properties. e There is no detriment to the zone plan and zoning ordinance since the use is a permitted conditional use within the zone and in the context of the applicant's proposed plan, the site continues to be appropriate for the use, notwithstanding the deviations from some of the conditions imposed by the ordinance.