05012026_PB 26 01 15 Ridgeway Avenue Planning Review

Memorandum Page 6 of 7 exacerbated with the proposal to subdivide the lot into two lots. Additionally, although each of the lots do have minimal street frontage, it is important to reflect on the MLUL requirement N.J.S. 40:55D:35. Per this requirement, ”no permit for erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building and structures.” As noted above, in this case, each of the lots have minimal street frontage on Ridgeway Ave, so technically this condition is met. However, it is important to understand the basis of this requirement. Typically flag lots are not ideal lot arrangements due to the lack of adequate access for firefighting equipment, ambulances or other emergency vehicles necessary for protection of the health and safety of the site as well as neighboring lots. The proposed dwellings are setback from Ridgeway Avenue by the driveway “stem” that is approximately 280 feet to proposed Lot 28.03 and approximately 420 feet to proposed Lot 28.04. This raises security concerns for access by emergency services. 7. Statutory Criteria The applicant requires relief for six (6) “c” variances for this application. 1. The applicant shall provide testimony that demonstrates how the request for relief may be granted based on one of the standards provided in the MLUL at N.J.S.A. 40:55D-70c. It is the applicant’s responsibility to bear the burden of proof. 2. In order to satisfy the positive and negative criteria for each c variance enumerated above, the applicant should provide testimony that satisfies either the c(1) hardship criterion or c(2) flexible criterion as set forth in the MLUL. a. Positive criteria: There are two types of c variances - the c(1) hardship and the c(2) flexible variance. The c(1) hardship criteria states that a “hardship” will occur if the variance is not granted. The hardship relates to the physical or topographical features of the property and cannot relate to financial or personal hardship. Hardship relating to property can include: i. Narrowness, shallowness, or irregular shape ii. An exceptional topographic condition iii. Other unique conditions or features affecting the property The c(2) flexible variance states that by granting the variance, the purposes of the MLUL would be advanced by a deviation from the zoning ordinance requirement and that the benefits of

g the property The c(2) flexible variance states that by granting the variance, the purposes of the MLUL would be advanced by a deviation from the zoning ordinance requirement and that the benefits of granting the variance substantially outweigh the detriments.