25 12 30 Perez 66 Whittlesey West Orange Applicant Planning Report

Principle 1 (pg 29) – Encourage Appropriate Residential Development Principle 4 (pg 29) – Maintain the Appropriate Scale of the Community Negative Criteria - The variance can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. 1. There will be no substantial detriment to the public good. Generally complies with the setback requirements, lot size, etc. Adequate parking is provided. Minimal generator of traffic. Proposed density is in keeping with the existing development pattern in the area. 2. The proposed use is not inconsistent with the intent and purpose of the master plan and zoning ordinance. This is a residential use in a residential zone which provides an opportunity for residential development in an appropriate location. 3. Enhanced quality of Proof - Address the omission of the use from those permitted in the zone. Although the ordinance does not permit multi-family dwellings in the R-T Zone, it does acknowledge the need for additional housing for Senior Citizens and Low and Moderate Income Households, Improving Residential Neighborhoods and Encouraging Appropriate Residential Development, all of which are achieved by this development. "C" Variances "C" variances are subsumed in a consideration of the "D(1)" variance per Puleio vs. North Brunswick. Generally application for a “c” variance and a “d” variance cannot coexist. If the application is for a use not permitted in the zone, the bulk regulations designed for that zone cannot be applicable to the intended use. For example, an application for a gasoline service station in a residential zone should not be held to the bulk requirements of the residential zone. Lot area requirements and front and side yard setbacks for a residence were not contemplated to be made applicable to a service station. A Zoning Board, in considering a “use” variance must then consider the overall site design. In essence, the “c” variances are subsumed in the “d” variance. Although not directly applicable to the proposed multi-family dwelling, the following deviations from bulk standards for a two-family dwelling in the R-T Zone are noted: Min. Front Yard Setback – 30 feet required, 9.35 feet existing, 9.29 feet proposed. The positioning of the proposed

deviations from bulk standards for a two-family dwelling in the R-T Zone are noted: Min. Front Yard Setback – 30 feet required, 9.35 feet existing, 9.29 feet proposed. The positioning of the proposed addition is consistent with the location of the existing house on the property as well as with the locations of the existing dwellings along Whittlesey Avenue. Max. Lot (Impervious) Coverage – 55% permitted, 62.8% existing, 73.81% proposed. The proposed increase in impervious coverage represents a minor increase over the existing condition and will be mitigated by the installation of drainage improvements. Min. Parking Supply – 6 parking spaces req. - 4 parking spaces proposed (incl. 1 garage space) The requirement of 6 parking spaces is the maximum allowed per RSIS. The municipality may accept a lower parking supply when it better reflects the conditions in the area. Mitigating factors include the availability of mass transit, availability of on-street parking and household characteristics. It should be noted that the NJTRANSIT 21 and 97 bus routes are 0.3 miles from the site. In addition, a review of census data indicates an average of 1.44 vehicles available per household for the census tract where the site is located and that 57% of households in census tract have 0 or 1 vehicles available. Positive Criteria C(1) Hardship – The variance can be granted in cases of hardship, such as “exceptional narrowness, shallowness or shape of a specific piece of property” or by reason of exceptional or unique topographic conditions, physical features or an exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. C(2) Flexible – The variance can be granted where the purposes of zoning would be advanced and the benefits derived by the variance would outweigh any detriments. The arguments for the deviations from the bulk standards for a two-family dwelling in the zone would come under the heading of a C(2) variance should the Board deem it appropriate/necessary. The proposed front yard setback is more in keeping with the development pattern along Whittlesey Avenue and provides a more harmonious design. 5