Planning Report 021726 resubmissionrcd 2 26 2026

5 intent and purpose of the master plan and zoning ordinance, as also articulated in the Medici case. Additionally, the Board has the power to grant C-2 “flexible” variance relief or “benefits vs. detriments” pursuant to N.J.S.A. 40:55D-70c(2) where the purposes of the Municipal Land Use Law (MLUL) would be advanced by a deviation from the zoning ordinance, and the benefits of the deviation would substantially outweigh any resulting detriment. Similarly to a D-1 use variance, no variance should be granted if it will present a substantial detriment to the public good, or if it will impair the intent and purpose of the zone plan and zoning ordinance. D-1 Use Variance Justification As the proposed automotive service facility is not a permitted use within the zone, D-1 use variance approval is sought. Positive Criteria Particular Site Suitability The project site is particularly suited to accommodate the proposed automotive service facility. The site is approximately 32,118 SF whereas the minimum lot area within the B-2 zone is 10,000 SF. Therefore, the Applicant’s site is more than three times larger than the required site size, providing ample space on the site to comply with building setbacks, buffering, and site circulation. Additionally, the sites particular location adds to the suitability. The site is located at the confluence of several major thoroughfares including County Routes and State Highways. This prime location makes it well-suited for an automotive service facility, offering convenient access for local residents, regional customers, and travelers passing through the area. Furthermore, it should be noted that this proposed facility is intended to replace an existing Mavis Tire location that is closing, therefore there is an inherent need within the community, ensuring the continuity of service within the same market area. Advancement of the Purposes of the Municipal Land Use Law (MLUL) The proposed use advances many of the purposes of the MLUL, including but not limited to the following: • Purpose c. To provide adequate light, air and open space; o The applicant proposes a site layout that complies with all front, rear, and side yard setback requirements, as well as buffer requirements. Therefore, the buildings on the site will