26 04 01 81 Northfield Avenue Planning Review 1 rcd 4 2 2026

West Orange Zoning Board April 1, 2026 Re: Northfield Avenue Realty Associates, LLC Our File No. 115.WRZ0071.H02 Planning Review #1 Page 5 "\\EgnyteDrive\Artheon\Legacy\Howell-FS1\SEC\West Orange\Zoning Board\115.WRZ0105.V01 - Mavis Tire Supply, LLC\26-03-06 Mavis Tire-Planning Review 2.docx" you would typically expect to find at any office building, but is unique to this particular business use, and therefore requiring a use variance. d. The courts have previously held that where an accessory use or function on a site is not expressly permitted, and is not otherwise customarily incidental and subordinate to the permitted principal use of the site, a d-1 use variance is required, and should be treated similarly to a d-1 use variance for a non-permitted principal use. e. With any ‘d’ variance, the applicant has an enhanced burden of proof to demonstrate that both the positive and negative criteria can be satisfied before the Board can grant a ‘d’ variance: i. Positive Criteria: The applicant must show that there are special reasons to grant the variance. Special reasons can come in one of three forms: 1) that there is an economic inutility in using the property for one of the permitted uses in the district; 2) that the proposed use is considered “inherently beneficial”; or 3) that the proposed use would promote the general welfare by advancing one of the purposes of zoning, and that the site is particularly suited for the use. ii. Negative Criteria: The applicant must show that the proposed use will not have a substantial detrimental impact on the public good and will not substantially impair the intent and purpose of the zone plan. f. The applicant should provide testimony addressing how this particular site was identified for this business, whether there is a need for this type of use in the area, and how the site is suited for use as a medical vehicle transportation business and vehicle storage. g. The application will also technically require bulk or ‘c’ variances for parking in the front yard and the absence of loading spaces. These conditions are existing non-conforming conditions and are not proposed to change at this time. h. We defer any comment on grading, drainage, utilities, and stormwater management to the Board Engineer. i. The applicant should address the status of any necessary outside agency approvals.