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 2 of 11 Board, as required by this chapter and state law, and the plan shall show all standards, established herein for fast food restaurant operation as a conditional use, have been satisfied. • A site plan of the proposed project from an NJ licensed engineer is submitted to the Zoning Board. Project complies. 2. No part of any building or structure used as a fast-food restaurant nor any driveway entrance or exit to or from the same shall be located within 500 feet of any line of any lot upon which is located another fast-food restaurant. • The Township Zoning Code designates fast-food restaurant as the following: “FAST FOOD RESTAURANT Shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than 15 individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant.” • The driveway on the subject property serving the fast-food use is located approximately 360 feet from the driveway to a shopping center housing a Jersey Mike’s Subs and Chipotle, which appear to qualify as fast-food restaurants per the Zoning Code’s definition. It should be noted that neither of these establishments have a drive-thru window. Project does not meet the condition. 3. No part of any building or structure used as a fast-food restaurant shall be located within 1,000 feet of any residential district boundary line • The subject property and the proposed fast-food use abuts the R-6 residential zone to the south (rear property line) and the west (fronting Rosney Terrace). The properties to the north and east of the subject property are located within the B-2 and P-C zones. Project does not meet the condition. 4. The minimum size for any lot upon which any fast-food restaurant is located shall be 30,000 square feet, and the minimum street frontage of such lot shall be 200 feet. If a fast-food restaurant is located on a corner lot,

any lot upon which any fast-food restaurant is located shall be 30,000 square feet, and the minimum street frontage of such lot shall be 200 feet. If a fast-food restaurant is located on a corner lot, the minimum street frontage on each street shall be 200 feet. • The lot area meets the required threshold at 45,713 square feet and the lot width along Eagle Rock Avenue meets the required 200 feet at 223.45 feet. However, the frontage along Rosney Terrace has an existing width of 182.41 feet. Project does not meet the condition.