15 Edgewood Ave North ZB 24 10 Planning Review October 20 2024

6 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 c. Doorways, windows, sills, lintels, wall ornaments or leaders projecting not more than two feet. A variance shall be required for any feature that projects more than two feet into a required yard. This section does not reference roof overhangs. Rather, the roof overhang should be considered part of the required setback distance, and therefore, requires further relief from the required side yard setback distance as it appears the new roof overhang will be within the 15-foot setback requirement of the southern side of the property. B. Yard Encroachment – Heat Pump The applicant lists §25.8.d (sic) for the relief necessary for the heat pump, which is an improper reference for the heat pump. §25.8.2d states: § 25-8.2 Yard Encroachments. In all districts, the space in a required front, side, side front yard or rear yard shall be open and unobstructed except for: d. Fire escapes required by law, and chimneys, not over four feet wide, provided that the Building Inspector shall determine that such projections are so placed as not to obstruct light or ventilation Rather, the heat pump, because it is attached to the main building, should be considered part of the structure, and subject to the side yard setback requirements for the principal structure, requiring further relief from the 10-foot side yard setback requirement. Planning Comments Bulk “C” Variances N.J.S.A. 40:55D-70c sets forth the criteria for a planning board to grant variance from bulk requirements of zoning ordinance. Two types of “c” variances can be granted: (c) 1: in cases of hardship, such as “exceptional narrowness, shallowness or shape of specific piece of property,” or by reason of exceptional or unique topographic