2025 09 05 Justifications Memo_470 Eagle Rock AvenueWO_Rev

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT February 24, 2025 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) Revised September 05, 2025 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 10 of 11 Parking Lot Shade: The ordinance requires that all parking lot owners shall create 50% shade in the parking lots within 25 years. The proposed tree canopy will not create 50% shade in the parking lot. The proposed tree canopy is limited to perimeter landscaping as the majority of the site is occupied by the surface parking. The proposed landscaping plan will improve significantly upon the existing condition within the site and will provide an increased number of compliant trees than what is currently existing. The benefits of the proposed landscaping plan outweigh the detriments. Purpose of the Municipal Land Use Law The granting of the variances will advance the purposes of the Municipal Land Use Law and promote the general welfare. • Granting the requested variances will guide the appropriate use and development of the property in a manner that will promote the general welfare consistent with N.J.S.A. 40:55D-2.a. through the provision of an appropriate commercial building on a lot that is compliant with conditional uses of the B-2 District. • The proposed project will provide adequate light, air, and open space; consistent with N.J.S.A. 40:55D-2.c. • The proposed project will promote a more desirable visual environment through creative development techniques consistent with N.J.S.A. 40:55D-2.i. by redeveloping the property and substantially improving the Eagle Rock Avenue streetscape and commercial character. Negative Criteria Granting the variances will not result in a substantial detriment to the general welfare. The project proposes to demolish an existing condemned building and provides a particularly beneficial use that is similar to its previous commercial use in developing two restaurants for residents and consumers of the community with improve onsite infrastructure, landscaping, circulation and overall aesthetic appearance. Granting the variances will likewise not result in a substantial impairment to the intent and purpose of the zone plan or zoning ordinance. The proposed fast-food restaurant-use is compliant with the conditions of the B-2 District. The proposed project is also consistent with the 2019

tent and purpose of the zone plan or zoning ordinance. The proposed fast-food restaurant-use is compliant with the conditions of the B-2 District. The proposed project is also consistent with the 2019 Master Plan Update in advancing several goals/objectives of the 2019 Master Plan Reexamination, including; • Objective 9. “Promote a Desirable Visual Environment”