111 Prospect Avenue West Orange Planner Report 3 20 2025

March 20, 2025 Page 12 of 15 PB-25-02 111 Prospect Avenue Block 151, Lot 17.01 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Planner’s Comments The applicant proposes the reconstruction of the existing driveway, walking paths and valet parking area, as well as renovations to the main building at the existing restaurant/banquet facility. A Porte-Cochere and a community garden are also included as a part of the proposed scope of work. While the existing restaurant/banquet facility is permitted in the B-2 District, the proposed development does not meet all the bulk and design standards for this use in the B-2 District. The restaurant/banquet facility that is located on the subject site, has been in operation on this site for some time. However, the facility has recently changed ownership, and the new owners propose to continue the use of the facility in a similar manner as it has been used in the past. Notwithstanding this, the applicant should provide testimony detailing the proposed use and operation of the facility, including the hours of operation and the number of employees. Testimony should include the proposed use of the accessory building and the proposed community garden, which will be new to the facility and site. 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. The benefits identified in

he 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. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant or 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 Township.