Ltr Diane Chandler Zimmerman enc documents 91224

Planning Report: Canterbury Village Page 6 “C" VARIANCES ~ POSITIVE CRITERIA The Municipal Land Use Law under sections 40:55D-70c.(1) & 40:55D-70c.(2) provides the basis for the requested variance relief related to deviations from the specific conditions of a conditional use and design standards as outlined above. \ The c(1) criteria speaks to certain practical difficulties that the site's size, shape, topography, unique physical features or placement of existing structures might impose on the property to be developed. zoning deviation where the application advances the purposes of the MLUL and the benefits of the deviation will outweigh the negative impacts resulting from the grant of the requested variance. VA f < c(2) criteria, often referred to as the “flexible c” criteria allows that the governing body may approve a Existing Non-conforming Conditions: C(1) Criteria: A portion of the existing facility predates the current zoning ordinance and does not meet the ordinance requirement for Front Yard. The existing site also deviates from the parking.setback requirements of the Supplemental Provisions for the OB-2 Zone contained in Section 25-8. These-existing non-conforming conditions are to remain unchanged by the application. Any attempt to meet the front yard requirements would require the demolition of the historic portion of the facility. Given the lot configuration, any attempt to meet the parking setback would virtually eliminate the parking lot altogether. The size and shape of the property, combined with the location of the lawfully existing building and parking lot create a practical difficulty or hardship upon Canterbury Village in any attempt to expand or improve the facilities or bring the site into closer compliance with the zoning ordinance. Parking Minimum Parking Spaces: 60 Spaces Required, 26 Spaces Proposed The West Orange Zoning Ordinance §25-12.2 identifies the minimum required number of parking spaces based upon the use of the property. None of the defined uses matches Canterbury Village. The most analogous use identified in this section of the ordinance would be §25-12.2g.: hospital, nursing home, sanitarium or minimum care facility, which requires 1 space for each bed plus 1 space for every 2 non- resident employees. This yields a parking requirement of 60 spaces for the proposed 53 beds and 13 non-resident employees. It

cility, which requires 1 space for each bed plus 1 space for every 2 non- resident employees. This yields a parking requirement of 60 spaces for the proposed 53 beds and 13 non-resident employees. It should be noted that the parking requirement for Residential Healthcare facility or Assisted Living facility as outlined in §25-24.2b.1.(i)(8) & §25-24.2b.1.(j)(8) respectively are more analogous to the parking demand generated by Canterbury Village. The criterion for either use is 1 parking space per 1.5 beds which yields a requirement of 36 spaces for the 53 beds. C(1) Criteria: The L shaped configuration of this undersized, lot, the presence of a stream along the northeasterly boundary and its required stream encroachment and riparian setbacks and the location and configuration of the existing building do not allow for any expansion of the parking lot to provide additional parking.