PerezApp

MRLG MONTCLAIR REAL ESTATE LAW GROUP JAMES H. ASHENFELTER LORENE E. GOLIA JASH@MONTCLAIRLAW.COM LGOLIA@MONTCLAIRLAW.COM ALAN G. TREMBULAK OF COUNSEL: ATREMBULAK@MONTCLAIRLAW.COM CALVN O, TREVENEN CTREVENEN@MONTCLAIRLAW.COM PROPOSAL The Applicant has applied for minor subdivision approval to subdivide the subject property into two lots and to convert the existing one-family building to a two-family dwelling, and construct a new two-family dwelling on the subdivided lot. The property is located in the R-T Zone which permits one-family and two family dwellings with different lot width and lot area requirements for each use. The minimum lot width requirement for one-family dwellings is 50 feet and the minimum lot area requirement is 5,000 square feet. For two-family dwellings, the required minimum lot width is 75 feet and the required minimum lot area requirement is 7,500 square feet. Each of the proposed lots will contain 5,000 square feet of lot area with 50-foot lot widths which would be compliant for one-family dwellings. However, given the Applicant’s plan to use both lots for two- family dwellings, variances are required for lot area and lot width. The Applicant also requests a variance from Section 25-7.1 of the Zoning Ordinance to permit a side yard setback of approximately 2 feet for the existing structure whereas the ordinance requires a minimum side yard setback of 8 feet. REASONS FOR RELIEF The proposed subdivision complies with all bulk requirements, including lot area and lot width requirements, for single-family properties located in the R-T Zone. Variances are required for lot width and lot area because of the Applicant's desire to use both of the subdivided lots as two-family dwellings. The requested variances are justified under N.J.S.A. 40:55D-70.c(2) in that there are numerous two-family and three-family dwellings on similarly-sized lots in the immediate neighborhood of the subject property and granting the variances will advance the purposes of the Municipal Land Use Law by encouraging the appropriate use of land which promotes the public health, safety, morals and general welfare (-2a); by providing adequate light, air and open space (-2c); and by providing sufficient space in an appropriate location for additional housing. The variances can be granted without substantial detriment to neighboring properties and without substantially

c); and by providing sufficient space in an appropriate location for additional housing. The variances can be granted without substantial detriment to neighboring properties and without substantially impairing the intent and purpose of the West Orange zoning ordinance or Master Plan. One and two-family dwellings are permitted uses in the R-T Zone. The proposed lots comply with all bulk requirements for one-family dwellings, and the proposed use of the lots as two-family buildings is consistent with many other lots in the surrounding neighborhood notwithstanding that the lots do not meet the lot area and lot width requirements for two-family buildings.