Montclair Stables Listing of Variances for Application

Third, new variances are necessary. The fence in the front serves to keep horses from fleeing the site. This prevents not only injury to the horse but also to persons and animals residing in the neighborhood as well as to avoid traffic accidents and waste of local law enforcement services. The parking lot is designed to allow sufficient spaces for the anticipated number persons on site at any given time. This is not an open facility. There will be a limited amount of employees, trainers and owners at any given time. The is no ordinance to provide guidance as to the appropriate number of spaces. This Applicant believes that the parking spaces provided will accommodate its need. The same can be said for loading spaces which are unnecessary as trucks and trailers will enter the site from Nicholas Avenue and enter the barn area. This is akin to a farm use where equipment and vehicles are not constrained to an asphalt paved area. This demonstrates that the overall project with its deviations does advance the purposes of the MLUL under 40:55D-2 by: (c) providing adequate light, air and open space, (e) promoting establishment of proper population densities, (g) providing sufficient space for a variety of agricultural and residential uses, (i) promoting a desirable visual environment, and (j) promoting the conservation of historic sites and open spaces. The deviations for the fence and parking lot substantially outweigh any potential detriments. There is clearly no substantial detriment to the public good and in fact this project is the hallmark of the betterment of the public good. Lastly, the intent and purpose of the zone is not impaired but rather it is enhanced by the continuation of a use which is uplifts the neighboring areas.