481 Eagle Rock Ave ZB 24 11 Planning Review October 8 2024

12 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 • Commercial antenna • Microbreweries, craft distilleries and wineries • Licensed Cannabis Retail • Licensed Medical Marijuana Dispensary The following are the bulk standards for the B-2 zone: • Maximum Height: 2.5 stories and not to exceed 35 feet • Minimum Lot Area: 10,000 square feet • Minimum Lot Width: No minimum • Minimum Front Yard: 30 feet • Minimum Side Front Yard - Corner Lot: 25 feet • Minimum Side Yards: 10/10 feet • Minimum Rear Yard: 30 feet • Maximum Building Coverage: 40% • Maximum Lot Coverage: 60% Planning Comments The applicant requests an interpretation of zoning as Wonder Group, Inc. If determined by the Board to require a D1 Variance - Use N.J.S.A. 40:55D-70(d) permits a Board of Adjustment “in particular cases for Special Reasons” to grant a variance to permit “a use or principal structure in a district restricted against such use or principal structure.” This represents the Positive Criteria of the statute. In addition, a showing of the Negative Criteria is necessary to obtain a “d” variance. The applicant must 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. When considering the granting of a “d” variance, an applicant must demonstrate that special reasons are satisfied by either showing that the proposed use “inherently serves the public good” or that it promotes the general welfare because the proposed site is particularly suited for that use. It was held in Medici v. B.P.R. Co., 107 NJ 1 (1987) that the only “special reasons” which can be considered are those which promote the general purposes of zoning, as listed in N.J.S.A. 40:55D- 2. The court emphasized in Burbridge v. Mine Hill Twp., 117 NJ 376 (1990),