993 PleasantValley Way West Orange Planner Report 9 13 2024

September 13, 2024 Page 11 of 13 PB-24-13 993 Pleasant Valley Way Block 172.02, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Max. Building Coverage 40% 48.48% No Max. Lot Coverage 60% 76.95% Yes Parking 25-Spaces Medical Office: 1-Spc. /150-SF of GFA - 1st Floor: 2,538-SF/150-SF=17-spcs. - 2nd Floor: 864-SF/150-SF=6-spcs. Residential: 1.8-Spcs./ unit - 2nd Floor: 1-dwelling unit = 2-spcs. 21-Spaces Yes Planner’s Comments The applicant proposes a second story addition to an existing 1-story commercial building. The applicant proposes to convert the property to a mixed-use building, with the addition of a one-bedroom dwelling unit and a business office on the new 2nd floor addition, with the existing medical office to remain on the 1st floor. Pursuant to the Township of West 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. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant or 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 Township.