26 03 25 516 Pleasant Valley Way Planning Review 2

West Orange Zoning Board March 26, 2026 Re: 127 Mitchell Street, LLC (516 Pleasant Valley Way) Our File No. 115.WRZ0154.V01 Planning Review #2 Page 7 uses of commercial office and residential apartments have already been permitted by variance on the site. The applicant must demonstrate that the site can reasonably accommodate the additional office space and two additional apartments without having a substantial negative impact on the surrounding community. The Board’s consideration and the applicant’s testimony should focus on the expansion and intensification of the use on the site, and not on whether the site is suitable or appropriate for a mix of office and residential uses on the same lot. f. The application as proposed will also require a D-5 density variance for exceeding the implied permitted density requirements for residential uses in the OB-1 Office Business district. For a density variance, similar to the expansion of the non-conforming use, the applicant must demonstrate that the site is suitable for the proposed density and can accommodate the intensity of the use while still satisfying the negative criteria required for ‘d’ variances. g. We note that residential uses are permitted in the district, but only single-family dwellings under the requirements of the R-6 zone. So it appears that the maximum permitted density, as measured by the minimum lot area per dwelling requirements for the district, is based on an assumption that any residences would be single family dwellings rather than apartments. h. The application as proposed will also require several bulk or ‘c’ variances. These include the building height, buffering, lack of open space, parking, parking setback, and lighting. The applicant must satisfy the positive and negative criteria: i. Positive Criteria: The applicant must show that either there is an undue hardship (practical difficulty) in conforming to the code (c-1 hardship), or that the proposed conditions represent a preferable alternative to conforming to the standards of the code, that the purposes of zoning will be advanced, and that the benefits of the deviation would outweigh any detrimental impacts (c-2 flexible). ii. Negative Criteria: The applicant must show that the variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the zone plan. i.

ive Criteria: The applicant must show that the variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the zone plan. i. The applicant should confirm that the existing and proposed building expansion are 2.5 stories in height, rather than 3 stories. The Township’s definition of a “half story” is: “STORY, HALF — Shall mean an area under a sloping roof with less than 60% but more than 25% of its total floor area having a minimum ceiling height of seven feet six inches and with no portion of the area used for residential living purposes having a minimum ceiling height of less than three feet six inches.” Calculations have been provided verifying that the upper level of the building can be considered a “half story”.