M_ZB 25 12_12 Knollwood Drive Ave Memo1

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org I. INTRODUCTION The subject property is located along the east side of Knollwood Drive between Walker Road and Hillcrest Avenue and located within the Township’s Residential (R-4) Zone District on a ±0.26 Acre lot. The site is occupied with a one (1) story single-family dwelling and respective driveway and wooden deck. The lot contains a 25 ft. storm sewer and sanitary sewer easement on the southeasterly side of the lot. According to Township’s records it contains an 18” storm pipe and a sanitary sewer main. The Applicant proposes to construct a 168 square foot (SF) addition to the principal building and to reconstruct an existing deck. The proposed improvements will result in a reduction of the size of the existing deck from 638.5 SF to approximately 440 SF. Therefore, the proposed improvements will provide an overall reduction in lot coverage from ±35.2% existing to ±34.9% proposed. Per the Bulk Zoning requirements of the R-4 zone, a minimum rear-yard setback of 35 feet is required. The Applicant proposes a rear-yard setback of 20.0 feet (house) and 18.0 feet (deck), where the existing setback is 30.5 feet and 12.0 feet, respectively. Additionally, the required minimum lot area is 15,000 SF where 11,461 SF is existing. The proposed improvements result in a change to an existing non-conforming rear-yard setback condition, and must seek relief from the Board. II. ZONING This proposal does not meet the requirements noted above, the Applicant must seek relief from the Board pursuant to the Municipal Land Use Law under N.J.S.A. 40-55D-70c. “C” or “Hardship” Variance In judging an application by the C(1) criteria, the core question presented to the Board is whether there has been a showing of (1) peculiar and exceptional practical difficulties to, or (2) exceptional and undue hardship upon, the applicant arising out of (a) the exceptional narrowness, shallowness or shape of the subject property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting the subject property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting the subject property or the structures lawfully existing thereon. In all cases the alleged hardship must relate to a specific piece of property