31 Bradford Ave ZB 23 11 Planning Review December 6 2024

7 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Project Overview The Applicant, Jose DeOliveira, proposes to construct a retaining wall, which reaches 9’3” at maximum height on the rear and eastern side yard property lines. The maximum height permitted is 6 feet. Zoning (§25-8.4) The subject property is located within the R-5 single-family residential zone district. The single-family detached dwelling is a permitted principal use in the zone, and fences and dividing walls are permitted accessory uses. The application for requires a bulk “C” variance relief from §25-8.4b, which states, b. Solid walls and fences not higher than six feet are permitted in the rear yard and on the side property line up to the rear line of the applicant's house. If the distance on each side of such a fence is more than five feet to each adjacent house, such solid fence may be located in the side property up to the front of the applicant's house. 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 conditions, physical features, or an exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. (c) 2: where the purposes of zoning would be advanced, and the benefits derived by the variance would outweigh any detriments. The applicant must also meet the negative criteria of the statute for the granting of a “c” variance, wherein a variance can be granted only “without substantial detriment to the public good” and where it “will not substantially impair the intent and the purpose of the zone plan and zoning ordinance.”