26 07 10 Mavis Tire Planning Review 3 rcd 7 10 2026

Page 7 of 11 in the I districts of the Township were pursued. We note that it appears that the Industrial district is limited in size within the Township to three areas along the border with the City of Orange. f. The application as proposed will also require several bulk or ‘c’ variances. The applicant must satisfy both the positive and negative criteria for each of these variances as well: 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. g. In the case of any d-1 use variance, the bulk standards that have been adopted for the particular district, in this case those of the B-2 district, were not intended for uses other than those that are considered permitted uses. The standards of the B-2 district are not intended to apply to an auto service station use. In these cases, bulk variances related to specific requirements of the B-2 district can be considered subsumed within the Board’s consideration of the d-1 use variance. The Zoning Board can at its reasonable discretion determine appropriate bulk standards such as building setbacks and buffering requirements specific to this use on this site. h. The applicant should address the anticipated demand for off-street parking on the site during peak hours. i. Township code requires that parking lots for commercial uses in the B-2 district be located in the side or rear yards, rather than the front yard. The applicant should discuss the potential to shift the location of the building and parking so that the parking is to the side and rear. Is there a possibility of reorganizing the site and building layout so that the 8 service bays are all on the south side in a deeper more narrow building.j. We note that the applicant has shifted the majority of the parking spaces from the front yard to the side yard area. Two parking spaces are technically still within the front

r more narrow building.j. We note that the applicant has shifted the majority of the parking spaces from the front yard to the side yard area. Two parking spaces are technically still within the front yard area though. A variance is still required, but this change significantly improves the proposal’s conformance with the Township’s code. k. The applicant should consider the addition of EV parking spaces to support electric vehicle charging and this would also help bring the site closer to technical compliance with the required minimum number of parking spaces through credits for the EV space(s). l. We note that it appears that each of the neighboring commercial uses comply with this requirement, with the buildings located closer to Prospect Avenue and parking in the rear. m. Will there be any differentiation between employee parking and customer parking? The applicant should clarify. The applicant had previously testified that employees would be