12302025 PB 25 10 457 Mount Pleasant Avenue Planning Review 2

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.