12302025 PB 25 10 457 Mount Pleasant Avenue Planning Review 2

cant is proposing an 8’ high screen wall. f. Insufficient Screening of Utility Structures (§25-8.15) – Utility structures shall be screened on at least three sides by landscaping, whereas applicant is proposing a utility area directly adjacent to the building with no proposed landscape screening. g. Insufficient Parking Area Illumination for B-2 District (§25-14.3) – Where a minimum illumination throughout the parking area is 2.0 footcandles (fc), less than 2.0 fc is proposed periodically.

Memorandum Page 18 of 19 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com h. Insufficient Number of Loading Spaces (§25-12.3) – Where a total of 4 loading spaces is required, 2 loading spaces are proposed. i. Excessive Canopy Letter Height (§ 25-14.4.l) - Where a maximum letter height of 8 inches is permitted, a height of 1’-6” is proposed. j. Excessive Canopy Extension (§ 25-14.4.l) - Where a maximum canopy extension of 6 feet is permitted, an extension of 8’-7” is proposed. 14. Statutory Criteria: Bulk/ “C” Relief 1. The applicant requires c-variance relief for this application. The applicant shall provide testimony that demonstrates how the request for relief may be granted based on one of the standards provided in the MLUL at N.J.S.A. 40:55D-70c. It is the applicant’s responsibility to bear the burden of proof. In order to satisfy the positive and negative criteria for each c variance enumerated above, the applicant should provide testimony that satisfies either the c(1) hardship criterion or c(2) flexible criterion as set forth in the MLUL. a. Positive criteria: There are two types of c variances - the c(1) hardship and the c(2) flexible variance. 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.

Memorandum Page 19 of 19 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com 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. 15. 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.