PB 25 03 9 Schindler Terrace West Orange Planner Report 6 6 2025

June 28, 2025 Page 6 of 7 PB-25-03 9 Schindler Terrace Block 166.13, Lot 1 C-0105 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Planner’s Comments The applicant proposes to expand an existing 2nd floor deck, which extends 5-feet off the rear of their townhouse, with a new deck that will extend 10-feet from the rear façade. The existing single-family townhouse dwelling is permitted in the R-C District. However, the proposed expansion of the deck will create a condition for which variances are required. Specifically, the proposed expansion off the rear of the townhouse will extend into both the required rear yard setback and the required “natural state buffer.” Whereas a minimum rear yard setback and natural state buffer of 50-feet is required, the applicant proposes 45.25- feet for each. In my opinion, the variance being requested to permit the encroachment of the expanded deck into the rear yard and the natural state buffer, can be granted with no substantial adverse impact on the surrounding properties nor on the overall integrity of the R-C District. The total encroachment will be 5.25-feet, which in my opinion is de minimis, relative to the extent of setback area. Further, the natural state buffer includes a substantially wooded 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

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 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.