062626 PB25 09 68 Whittlesey Ave Planning Review 2

Memorandum Page 7 of 8 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com spaces per unit shall apply, as per § 25-12.2a1, meaning that the proposed development will require five (5) off-street parking spaces for Lot 58.01 and five (5) off-street parking spaces for Lot 58.02. Currently, the Applicant is not meeting the 2.5-space-per-unit parking requirement and would require a variance (V). k. Driveway Width: As per §25-12.1h6, no driveway shall be less than 14 feet wide. The proposal includes insufficient minimum driveway widths of approximately 8 ft for both lots, which will require a variance (V). Further, given that there are multiple parking spaces, 8 ft is not sufficient width for cars making a k-turn. Based on RSIS standards, the width of a driveway providing direct access to a 90 degree parking stall should be 24 ft. l. Subdivision Filing: Applicant should clarify if the subdivision is to be filed by plat or deed. If by deed, the legal and metes and bound description shall be approved by the Board Attorney and Board Engineer prior to filing. 6. Statutory Criteria: 1. The applicant requires relief for ten (10) c-variances for this application. 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. 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