76 Ashland Avenue Blue Violet Grow LLC West Orange Planner Report

August 19, 2025 Page 14 of 16 PB-25-04 76 Ashland Avenue – Blue Violet Grow, LLC Block 62, Lot 22.01 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Planner’s Comments The applicant proposes to operate a cannabis cultivation and manufacturing facility on the subject site. The Applicant has obtained a Conditional License dated July 13, 2022 from the State of New Jersey Cannabis Regulatory Commission (CRC) as a Class 2 Cannabis Manufacturer and a Conditional License elated July 29, 2022 for a Class 1 Cannabis Cultivator. Further, on December 10, 2024, the West Orange Township Council adopted Resolution 357-24 declaring its local support for the Applicant's facility as required by the CRC regulation, N.J.A.C. 17:30-5. l(g). Licensed Cannabis Entities are permitted as a conditional use in the I-District within the Township. This means that in order to be permitted in the I-District, the proposed facility must meet specific conditional use requirements. The applicant is seeking conditional use approval as well as minor site plan approval for the proposed facility. 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 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

ent. 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.