2026 04 03 Planning Report and Justification of Variances__Rev5 rcd 4 6 2026

PROPOSED MIXED COMMERCIAL DEVELOPMENT DR Project no.: 12210-001 470 EAGLE ROCK AVE (TAX BLOCK 153, LOT 38) Rev. April 03, 2026 TOWNSHIP OF WEST ORANGE, NEW JERSEY Page 7 of 12 having a sufficient setback from the intersection per the requirement, the site provides substantial room for queuing of the drive-thru as it allows vehicles to wrap around the back of the building in order to access this function. The formal drive-thru lane accommodates 8 cars with room for up to an additional 5 cars in the western drive aisle without any disruption to entrance/exit movements at the egress point/curb cut. The application has been revised throughout hearings to designate a pull-up space in front of the drive-through lane in the event that a customer’s order is taking longer than average to prepare. This further alleviates potential queuing conflicts by ensuring drive-through traffic can move efficiently without substantial delay/interruption. Additionally, as previously stated, the road intersecting the commercial corridor is Rosney Terrace - a lower volume street serving a single-family residential neighborhood that is not signalized and allows vehicles to make turns freely onto Eagle Rock Avenue. The lack of setback of the proposed driveway is not likely to create substantial impacts to the flow of traffic from this street and therefore the intent of the condition is not undermined by the proposed site design. It is also worth noting that the project proposes to reuse the two existing curb-cuts and driveways for the site. The site has operated with said non-conforming curb cut for a restaurant use previously without any known nuisance or substantial detriment to general welfare and safety. V. Bulk “c” Variances The project requests bulk “c” variances for maximum impervious coverage, location of parking at the front yard, maximum number of façade signs, and maximum façade sign area, concrete curbing within 5 feet of a structure, minimum landscape abutting a residential zone, loading space requirements and tree replacement requirements which may be granted pursuant to N.J.S.A. 40:55D-70.c.(2), wherein the benefits of the proposed project would substantially outweigh any detriments. **Version 5.0 of this report removes the request for the minimum lot area variance, as correspondence was provided by Board Counsel on 03.31.2026 indicating that Ordinance 2819-23 was

any detriments. **Version 5.0 of this report removes the request for the minimum lot area variance, as correspondence was provided by Board Counsel on 03.31.2026 indicating that Ordinance 2819-23 was mistakenly codified in eCode 360, despite the ordinance failing to be adopted upon second reading at Council on a vote of 4 against, 1 in favor. Accordingly, the provision is not applicable to the project, and the project now complies with all applicable regulations related to drive-up window uses. No relief is needed related to the drive- through component of the proposed Popeye’s. The analysis previously conducted related to this variance has been removed from the report.