172 174 Main Street West Orange Planner Report 9 24 2024

September 25, 2024 Page 9 of 11 PB-24-14 172-174 Main Street Block 89, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Planning Comments The applicant proposes to construct a 3rd floor addition to an existing 2-story building and convert the building to a mixed-use building. Mixed-use development is permitted as a conditional use in the B-1 District. This means that the proposed development must meet specific conditions in order to be permitted in the zone. In this instance, the proposed development meets all the conditional use requirement for this use. However, the proposed development does not meet all the required bulk and design standards governing development in the B-1 District. Specifically, the proposed development does not meet the following bulk standards, related to the structure on the site. § Excessive Building Height (Number of Floors) – Whereas a maximum of 2½-stories and 35-feet are permitted in the B-1 District, the applicant proposes a height of 3- stories and 34.5-feet. While the number of floors exceeds the maximum permitted 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: exceptional narrowness, shallowness or shape of a specific property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or 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, and that the variance will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The benefits identified in granting a C(2) variance must include benefits to the community as a

the variance will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant of 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 City.