PB 06 16 Normandie Estates Schindler Terrace

Y NOW THEREFORE, does the Planning Board of the Township of West Orange make the following findings of facts and conclusions of law with regard to this application: 1. The Board finds that the Applicant stipulated that all of the unit owners belonging to the condominium association were given an opportunity to extend their decks, and that only the owners of unit nos. 1, 3, 9, 11, 17, 23, 25, 27, 29, 34, 35, 36, 37, 39, 41, 47, and 49 had elected to extend their decks and were paying the expenses of the application. 2. The Board finds that the proposed approximately five foot deck extensions will require relief from the strict enforcement of Section 25-7.1 of the Township of West Orange Zoning Code entitled "Table of District Regulations" which requires a 50 foot rear yard set back, and Section 24-10.2(d)(4) which requires a 50 foot natural state buffer contiguous to other residential zones. 3. The Board finds that based on the testimony of Mr. James the proposed deck extensions meet the purposes of zoning because the enlargement of the decks is a necessary update and upgrade for 20 year old condominium units, creating usable space that is customary for condominium units. The proposal will advance the purpose of the Municipal Land Use Law by providing more adequate light, air and open space for unit owners and a more desirable visual environment. Further, the Board finds that no trees will be removed, that there will be no change in grade and that there will be minimal ground disturbance as a result of the deck extensions. Moreover, because the variance relief sought is minor, the deck extensions will not impair the intent and purpose of the Township Zoning Ordinance. 4. The Board finds that the proposed deck extensions will further the Municipal Land Use Law, N.J.S.A. 40:55D-2 by providing a desirable visual environment through the renovation and updating of 20 year old decks. The Board concluded that the benefits of this proposal outweigh the detriments. 5. The Board also determined that the Application complies with the negative criteria where the Applicant must demonstrate that the variances may be granted without substantial detriment to the public good and without impairment to the zone plan. The Applicant meets this burden because proposed deck extensions cannot be seen from adjacent properties and as such there is no substantial detriment to the

d and without impairment to the zone plan. The Applicant meets this burden because proposed deck extensions cannot be seen from adjacent properties and as such there is no substantial detriment to the public good. 6. The Board finds that there is no negative impact that would résult from the approval and that enlarging the existing decks was a necessary update that would generally enhance the intent and purposes of the zoning ordinances as well as the purposes of the Municipal Land Use Law. The Board finds that in light of these conclusions and findings, there is no substantial impairment to the zone plan or purposes and no substantial detriment to the public good