25 12 12 MPB Realty Planning Review 5

West Orange Zoning Board December 12, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #5 Page 2 H:\Legacy\Howell-FS1\SEC\West Orange\WR VAULT\VWRZ0153.01 - MPB Realty LLC\25-12-12 MPB Realty - Planning Review 5.docx 2. Variances & Waivers Required It appears that the following conditions are not in compliance with the Township’s land development regulations and may require variance or design waiver relief from the Board to permit the project as proposed: a. §25-24.2.b.2(i) Conditional Use – The following conditional use standards are not met. These are d-3 conditional use variances: 1) The Popeyes will be located within 500 feet of the lot that contains another fast food restaurant. 2) The Popeyes will be located within 1,000 feet of a residential district. 3) The Popeyes has less than 200 feet of frontage on a corner lot. 4) An entrance driveway will be located less than 100 feet from an intersection. b. §25-Attachment 3 Impervious Cover – The maximum permitted impervious cover of 60% will be exceeded. 75.0% is proposed. c. §25-11.14(j) Drive Thru Uses – Any restaurant containing a drive-thru window service must be situated on a lot of at least 5 acres. The property is 1.07 acres in area. d. §25-8.1.a Accessory Uses – No accessory structures or uses are permitted in a front or side yard, where the parking lot is proposed within the front yard. e. §25-8.1.b Accessory Structures – Accessory structures are required to be setback a minimum of 10 feet from any property line, where the garbage dumpster will be 9.4 feet from the rear property line. The garbage dumpsters are now proposed to be 14 feet from the eastern property line and 28.9 feet from the southern property line. f. §25-11.3.a Buffer – A buffer of at least 50 feet in width is required where a non-residential use abuts a residential use in a residential district. A buffer of 11.8 feet is proposed along the southern boundary line. However, it is not clear whether or not this applies, as it appears that the two residential properties immediately to the south are also located in the B-2 district and not in a residential district. g. §25-12.1.b Curbing in Parking Lot – Parking lots are required to be enclosed by a concrete curb and be a minimum of 5 feet away from any building walls, where the drive- thru curb will be directly adjacent to the building. h. §25-12.1.l Parking

lots are required to be enclosed by a concrete curb and be a minimum of 5 feet away from any building walls, where the drive- thru curb will be directly adjacent to the building. h. §25-12.1.l Parking in Front Yard – Parking is not permitted in a front yard.