PB 25 12 Application

N.J.S.A. 40:55D-70(c)(1) Positive Criteria: As to the positive criteria for the subsection (c)(1) relief, the Applicant contends that there are physical features uniquely affecting this Property, namely its location such that it has frontage on three (3) different streets. Given the location of the Property, it is difficult, if not impossible, for the Applicant to comply with the minimum required setbacks. As to the lot coverage, the Property currently has an existing non-conforming lot coverage of 99%. The Applicant is reducing the lot coverage to 97%. This is a pre-existing non-conforming condition that is being improved. In addition to reducing the coverage, the Applicant is also proposing multiple rain gardens to address stormwater management requirements. The rain gardens are both functional and attractive and will certainly improve the appearance of the Property. As to the loading spaces, the location of the Property also makes it difficult to provide two conforming loading spaces that will be functional without impacting onsite traffic circulation or parking. Here, the Applicant is providing one permanent loading space at the rear of the building and one temporary space along Main Street. N.J.S.A. 40:55D-70(c)(2) Positive Criteria: As to the positive criteria for the subsection (c)(2) relief, the Applicant contends that granting the requested relief would advance the purposes of the Municipal Land Use Law and the benefits of granting the requested relief substantially outweigh any detriment associated therewith. In this regard, allowing for the deviations from the Ordinance will allow the Applicant to provide a modern, sustainable, supermarket that will benefit the entire community by providing necessary services and products to residents. Specifically, the Applicant contends that granting the requested relief will advance purposes (a), (c), (g), and (i) in that it will encourage the appropriate use or development of all lands, ina manner which will promote the public health, safety, morals, and general welfare; provide adequate light, air and open space; provide sufficient space in appropriate locations for a variety of commercial uses in order to meet the needs of citizens; and promotes a desirable visual environment through creative development techniques and good civic design and arrangement. The benefits of granting the requested relief

to meet the needs of citizens; and promotes a desirable visual environment through creative development techniques and good civic design and arrangement. The benefits of granting the requested relief include the construction of an aesthetically pleasing, modern supermarket. The Applicant contends that the magnitude of the requested relief is modest and notes that two of the non-conforming conditions are pre- existing non-conforming conditions that are either not being exacerbated or are being improved by the proposal. Here, the rear-yard setback is, and will remain, 2’11”. The lot coverage will be reduced from 99% to 97%. While only one loading space is onsite, the 3