West Orange Township_Fourth Round HEFSP_Final Draft

This application requires the following bulk “c” variances, as well as preliminary and final major site plan approval: Bulk Standard Required Proposed 25-7.1 Max. building 2.5 stories/35 feet 3 stories/38 feet height 25-7.1 Min. rear yard 30 ft. 13.9 ft. 25-7.1 Max. building 40% 45.3% coverage 25-7.1 Max. lot coverage 55% 57.9% 25-12.2a.1 Min. parking 35 0 = spaces 7 — The Municipal Land Use Law, at N.J.S.A. 40:55D-70(c) provides Boards with the power to grant variances from bulk and other Ordinance requirements when the Applicant satisfies certain specific proofs which are enunciated in the statute. Under the (c)(2) criteria, the Applicant must demonstrate that in a particular instance relating to a specific piece of property, the purposes of the Act would be advanced by allowing a deviation from the Zoning Ordinance requirements and that the benefits of any deviation will substantially outweigh any detriment. These tests specifically enumerated above constitute the affirmative proofs necessary in order to obtain "bulk" variance relief, under Section (c)(2). Also, an applicant for these variances must show that the proposed relief sought will not cause a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The burden of proof is upon the Applicant to establish that these criteria have been met. The proposed project is developing a vacant parcel with 17 affordable units within walking distance to the Highland Avenue New Jersey Transit Rail Station. The proposed affordable housing will contribute to the diversity of housing options available for the community. The project proposes a building height of 38 feet and 3 stories where the R-M District permits a maximum building height of 35 feet and 2.5 stories. The subject property is to be developed with comfortably sized units with approximately 650 net square feet for 1- bedrooms, 870 net square feet for 2-bedrooms and 1,148 net square feet for 3-bedroom units. These units sizes are consistent with New Jersey’s Uniform Housing Affordability Controls (UHAC). The additional height is necessary for a full third story for the structure to accommodate 17 residential units. The proposed building height is in character with developments in the surrounding area. This includes the adjacent property at 9-21