250 252 Main Street PB 25 01 West Orange Planner Report 2 20 2025

February 20, 2025 Page 9 of 11 PB-25-01 250-252 Main Street Block 114, Lot 78 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Planning Considerations The subject site is located within the Downtown Redevelopment Area, within the Main Street Sub-Zone. Among the permitted principal uses in this zone are: • Loft residential units - second floor and above • Loft office units – second floor and above • Loft live/work units - second floor and above • Ground floor retail/restaurants • Outdoor cafes • Public/civic buildings such as libraries, theaters, art galleries, and cultural and community centers • Public open space • Arts/Crafts studio space The subject property, which houses a community center, is a permitted use in the Main Street Sub-zone. 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: a) exceptional narrowness, shallowness or shape of a specific property, or b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or c) 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 an 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.