PB 24 12 Estate of Berman Draft Resolution

{Estate of Berman- 17 Fairway Draft Resolution} for “c” variances as set forth in N.J.S.A. 40:55D-70. A c (2) variance may be granted when the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a “c (2)” variance must include benefits to the community as a whole, not just the applicant or property owner. A “c” variance must address the “negative criteria,” and affirmatively demonstrate 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 municipality. 13. Applicant’s planner testified that the variance for the rear yard setback of 17.94 feet on proposed Lot 9.01can be granted as a c(2) variance as the proposed subdivision and resulting variance satisfies several of the purposes of the MLUL. 14. Specifically, Applicant’s planner testified that Applicant satisfies N.J.S.A. 40:55D- 2a.(promotes the general welfare) because the existing lot is oversized and the open area on Barbara Avenue (which will become the new vacant lot) appears as a void in the neighborhood and the proposed subdivision will continue to maintain required building separation; g. (providing sufficient space in appropriate locations for a variety of residential uses and open space) because the existing house is maintained while also creating a conforming lot; i. (desirable visual environment) because the new house will remove a large open void while creating a new and attractive one-family dwelling; and m. (efficient use of land) by utilizing a large open space that is disproportionate to the remainder of the neighborhood.