Application Package

PROPOSAL AND REASONS FOR RELIEF APPLICATION OF 127 MITCHELL STREET, LLC 512 AND 516 PLEASANT VALLEY WAY, BLOCK 154.06 LOTS 11 AND 12 WEST ORANGE ZONING BOARD OF ADJUSTMENT PROPOSAL: Applicant 127 Mitchell Street LLC (““Applicant’’) is the owner of properties located at 512 and 516 Pleasant Valley Way, also known as Block 154.06 Lots 11 and 12 on the West Orange Tax Map. The two-story building located at 516 Pleasant Valley Way, (Lot 11), is a mixed-use structure including commercial space on the first floor and an apartment on the second floor. A single-family home is located at 512 Pleasant Valley Way (Lot 12). The property is located in the OB-1 Zone. The Applicant proposes to demolish the single-family home on Lot 12, build an addition on the rear of the existing mixed-use building on Lot 11, and construct parking on Lot 12. The addition would include ground floor and first floor office space and two apartments on the second floor. Mixed uses are not permitted in the OB-1 Zone. (They are permitted in the B-1, B-2, P-C, O-R and I zones, per Ordinance section 25-8.12). Mixed uses have been conducted at Lot 11 since at least 1987. See the Attached prior Board Resolutions and specifically Resolution ZB-91-22. The Applicant proposes to expand the building at Lot 11 and move parking to Lot 12, so the mixed use previously permitted by the Board by variance would expand. Therefore, the Applicant requests a (d)(3) variance to expand a pre-existing nonconforming use. At the hearing, the Applicant will present testimony supporting that relief, including the fact that under the existing and proposed conditions, the property will remain the location of a mix of commercial and residential uses, with site improvements and without substantial detriment to the public good or the purpose of the Ordinance and Plan. In fact, the 2010 Master Plan Update recommended rezoning of these parcels and other OB-1 lots nearby into the B-1 Zone, which permits mixed use. The (d)(3) request also applies to the lot area per unit to be provided. The Ordinance requires lot area of 6000 sq ft per unit in the OB-1. Under existing conditions, the combined lot area of Lot 11 and 12 provides 8,121 sq ft per unit for the two units on the lots. The single-family home has been present for many years and the apartment has been present since at least 1987. The Applicant proposes to add a third

8,121 sq ft per unit for the two units on the lots. The single-family home has been present for many years and the apartment has been present since at least 1987. The Applicant proposes to add a third residence on the combined lots, resulting in 5,414 sq. ft. per unit. Relief under (d)(3) is justified in part because the OB-1 standard for lot area per unit follows the requirement in the R-6 zone. But only single-family homes are permitted in that zone, explaining the desire for greater lot area. The 6000 sq ft per unit obligation is not appropriate to this property and adding a unit to the project on the combined lots will not cause any substantial detriment. 4928-7503-4984, v. 1