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 6 of 11 proposes to reuse the two existing curb-cuts and driveways for the site. The site has operated with said non-conforming curb cut for a restaurant use previously without any known nuisance or substantial detriment to general welfare and safety. V. Bulk “c” Variances The project requests bulk “c” variances for maximum impervious coverage, location of parking at the front yard, maximum number of façade signs, and maximum façade sign area, concrete curbing within 5 feet of a structure, minimum landscape abutting a residential zone, loading space requirements and tree replacement requirements which may be granted pursuant to N.J.S.A. 40:55D-70.c.(2), wherein the benefits of the proposed project would substantially outweigh any detriments. Minimum Lot Area for Drive-Up Window: §25-11.14.j of the West Orange Zoning Code requires that; “Any restaurant [containing a drive-up window] must be situated on property consisting of five (5) or more acres and provide ample queuing to ensure that no waiting vehicles are in or on a public thoroughfare or street.” The subject property has a total lot area of 1.05 acres and therefore requires relief from the lot area minimum specific to the drive-through operation. The proposed project complies with the remaining 10 criteria in this section of the code. Dresdner Robin conducted a GIS analysis of West Orange parcels and found that only 27 parcels in the Township borders meet this lot area criteria in terms of size alone. We then analyzed the 27 properties for underlying zoning districts to identify sites that permit restaurant, fast food, and retail units, specifically the B-1, B-2, R-G, O-R and P-C Districts. Only two of the parcels that make the minimum lot area of 5 acres are zoned for uses that would allow a drive-up window such as a bank, pharmacy, or fast-food use (encompassing a range of full food menu such as a McDonalds to beverage-oriented restaurants such as Starbucks). Parcel #13 identified in the Table 1 on page 7 of this report is already developed as a garden apartment complex (aka: Westmill Gardens) which has no existing retail or restaurant uses. The only other remaining

identified in the Table 1 on page 7 of this report is already developed as a garden apartment complex (aka: Westmill Gardens) which has no existing retail or restaurant uses. The only other remaining eligible parcel as-of-right in the Township is Parcel 4, (aka: the Whole Foods Plaza at 235 Prospect Avenue) which is located directly across Eagle Rock Avenue from the subject property. Given the proximity and identical contextual physical conditions (outside of lot area), the proposed use is appropriate along the Eagle Rock Avenue corridor and appropriateness is not solely defined in terms of welfare, safety, and intent of zone plan by lot area. It should also be noted that this provision renders many existing businesses providing drive-up windows within the Township as non-conforming, including the Provident Bank