11122025 PB 25 10 457 Mount Pleasent Ave Planning Review 1

Memorandum Page 17 of 17 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com The c(1) hardship criteria states that a “hardship” will occur if the variance is not granted. The hardship relates to the physical or topographical features of the property and cannot relate to financial or personal hardship. Hardship relating to property can include: i. Narrowness, shallowness, or irregular shape ii. An exceptional topographic condition iii. Other unique conditions or features affecting the property The c(2) flexible variance states that by granting the variance, the purposes of the MLUL would be advanced by a deviation from the zoning ordinance requirement and that the benefits of granting the variance substantially outweigh the detriments. b. Negative criteria: The applicant must satisfy the two-prong test of the negative criteria; i. The variance can be granted without substantial detriment to the public good; and ii. The variance can be granted without causing substantial detriment to the zone plan. The applicant’s testimony regarding the negative criteria should address any potential impacts that the proposed variances may have on the neighborhood, as well as how the proposed development is consistent with, or in potential conflict with, both the zoning ordinance and the Township’s Master Plan. 13. Conformance with the Township’s Master Plan The Township’s 2019 Master Plan Update (Reexamination Report with Plan Element Amendments) notes that, “The Master Plan should continue to emphasize the need to locate public, commercial/retail, industrial, residential and service uses at sites and locations which are suitable for their use environmentally, economically, and geographically, and can be adequately serviced by public infrastructure” (p. 29). a. The proposed application supports the Reexamination Report’s vision by retrofitting a vacant section of an existing retail shopping center with a grocery store, which already has on-site parking improvements. The location’s proximity to residential neighborhoods will offer residents additional options for food shopping. The proposed use is suitable for the B-2 district.