172 174MainApplication

MONTCLAIR REAL ESTATE LAW GROUP JAMES H, ASHENFELTER LORENE E, GOLIA JASH@MONTCLAIRLAW.COM LGOLIA@MONTCLAIRLAW.COM ALAN G, TREMBULAK OF COUNSEL: ATREMBULAK@MONTCLAIRLAW.COM CALVN O, TREVENEN CTREVENEN@MONTCLAIRLAW.COM PROPOSAL The Applicant proposes to construct a third-floor addition to the existing two-story building and convert the building to a mixed-use development which is a permitted conditional use in the B-1 Zone District, The site plan complies with all of the conditional use requirements set forth in Section 25:24,2b2(m) of the Land Use Regulations. The first floor of the renovated building will contain approximately 2,824 square feet of office space and the upper floors will contain seven residential apartments, Twenty-six on-site parking spaces will be provided. In addition to conditional use approval and preliminary and final site plan approval, the Applicant also requests a variance from Section 25-7.1 of the Zoning Ordinance to permit a three-story building whereas a maximum of 2.5 stories is permitted in the B-1 Zone, REASONS FOR RELIEF The requested variance is justified under the criteria set forth in N.J.S.A. 40:55D-70c(2) in that granting the variance will advance the purposes of the Municipal Land Use Law by encouraging the appropriate use of land which promotes the public health, safety, morals and general welfare (- 2a); by providing adequate light, air and open space (-2c); and by providing sufficient space in an appropriate location for the mixed-use development. Although the proposed building exceeds the permitted number of stories, the building height complies with the 35-foot maximum height requirement, In view of other uses in the vicinity of the property with more than 2.5 stories, the variance can be granted without substantial detriment to neighboring properties and without substantially impairing the intent and purpose of the West Orange Land Use Regulations or Master Plan,