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 8 of 12 Minimum Lot Area for Drive-Up Window: §25-11.14.j of the West Orange Zoning Code requires that; “Any restaurant [containing a drive-up window] must be situated on property consisting of five (5) or more acres and provide ample queuing to ensure that no waiting vehicles are in or on a public thoroughfare or street.” Maximum Impervious Coverage: The project proposes an impervious surface coverage of 75.0% where a maximum impervious coverage of 60% is permitted in the B-2 District. The existing site conditions have a non- conforming 80.9% impervious coverage which will be reduced through the proposed project but will remain non-compliant. The proposed coverage includes partial removal of the existing impervious surface for shrubs, screening trees and ornamental plantings along the south, east, and north of the subject property, thus substantially improving the existing conditions by providing a green buffer from the adjacent residential uses whereas much of the existing tree canopy in these areas is compromised or dead due to disease. The reduction in pervious coverage will improve the conditions along these property lines while also improving the aesthetic character of the site along the Eagle Rock Avenue corridor. Additionally, the proposed project will reinvigorate a vacant, deteriorating site along an active commercial corridor through its redevelopment and therefore the benefits of the proposed impervious coverage will outweigh the detriments. Location of Parking in Front Yard: The project proposes parking in the front yard of the property, where off- street parking is only permitted in the rear or side yards in the B Districts per Section 25-12.1.l. The front yard parking is an existing non-conforming condition as the existing site shows 11 parking spaces fronting Eagle Rock Avenue. The additional parking spaces provided within the front yard are anticipated to be needed in order to provide adequate, compliant parking may yield a slightly higher parking demand on site than a singular restaurant use. [Note that architectural testimony indicated a single restaurant use in this site could feasibly provide for a 200-seat operation. This alone would yield a parking requirement of 67

ar restaurant use. [Note that architectural testimony indicated a single restaurant use in this site could feasibly provide for a 200-seat operation. This alone would yield a parking requirement of 67 spaces per the ordinance, therefore exceeding the requirement of 49 spaces for the combined use as proposed.] The proposed parking at the front will improve the existing condition by reducing the number of non-conforming spaces to a total of 10 spaces, including 2 ADA accessible spaces. New front yard landscaping will be added to help visually buffer this area from the roadway, and a painted crosswalk from this area to the front door of the proposed building will be added to ensure safe pedestrian access from the spaces to the restaurants. Additionally, other commercial properties along the corridor including the property immediately east of the site have existing non-conforming front yard parking, and therefore the variance will not create a substantial detriment to the existing corridor as