Ltr Chandler enc report and application Rider 102725

Planning Justifications for Relief — D-1 Use Variance Legal basis for relief The statutory test for evaluation of expansion of a nonconforming use variance relief pursuant to N.J.S.A. 40:55D-70.d.(2) is established by the court case Burbridge v. Mine Hill Twp.. 117 N.J. 376 (1990). The essence of the test is not whether the site is suitable for the proposed use, but rather whether the proposal represents an improvement to the existing conditions. These site betterments can be demonstrated through an analysis of the “special reasons”, as set forth below. 1. Special Reasons. The proposed project advances several purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-2, thereby satisfying the statutory “special reasons” requirement for a use variance. Purpose A — To promote the public health, safety, morals, and general welfare —is advanced through the expansion of the permitted office use, making it more desirable and usable for a variety of permitted office uses. The residential component of the proposal provides for a variety of housing options to meet the needs of all New Jersey residents, especially with “missing middle housing”, or residential building forms that provide a density between that of single-family homes and large-scale apartment buildings. Purpose G — To provide sufficient space in appropriate locations for a variety of uses — is supported by the site's location along a roadway that is already characterized by a variety of land uses. Along Pleasant Valley Way, there are commercial uses, office uses, residential uses and schools. Therefore, the proposed mixed-use building will be complimentary to the established pattern of the area. It is also a well-served area that provides everyday amenities for the proposed residents. Purpose I — To promote a desirable visual environment through creative development techniques and good civic design — is achieved through proposing a building addition that is responsive to the existing building and will be complimentary. Purpose M — To encourage the efficient use of land — is served by proposing a building footprint that is compliant with the requirement for building coverage and taking advantage of that compliant footprint to provide upper stories in keeping with that of the existing portion of the building. In other words, the residential dwellings can be accommodated without triggering relief

that compliant footprint to provide upper stories in keeping with that of the existing portion of the building. In other words, the residential dwellings can be accommodated without triggering relief related to building massing. 2. Negative Criteria. The proposed use can be granted without substantial detriment to the public good or substantial impairment of the intent and purpose of the zone plan and zoning ordinance. As noted above, there are both office uses and residential uses along Pleasant John McDonough Associates ¢ Land Use Planning e Landscape Architecture Page 5 of 7