Draft 66 Franklin Ave ZB 24 18 Planning Review Memo September 11 2025 rcd 9 19 25

11 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Variances The application requires a D(1) Use Variance where the proposed use is not permitted within the B-1 Retail Business District. As previously discussed within this memorandum, the use is a Contractor’s Storage Yard, and not simply an office space. N.J.S.A. 40:55D-70(d) permits a Board of Adjustment “in particular cases for Special Reasons” to grant a variance to permit “a use or principal structure in a district restricted against such use or principal structure.” This represents the Positive Criteria of the statute. In addition, a showing of the Negative Criteria is necessary to obtain a “d” variance. The Applicant must demonstrate that the proposed variance can be granted “without substantial detriment to the public good and will not substantially impair the intent and the purpose” of the Master Plan and Zoning Ordinance. When considering the granting of a “d” variance, an Applicant must demonstrate that special reasons are satisfied by either showing that the proposed use “inherently serves the public good” or that it promotes the general welfare because the proposed site is particularly suited for that use. It was held in Medici v. B.P.R. Co., 107 NJ 1 (1987) that the only “special reasons” which can be considered are those which promote the general purposes of zoning, as listed in N.J.S.A. 40:55D- 2. The court emphasized in Burbridge v. Mine Hill Twp., 117 NJ 376 (1990), however, that the MLUL includes all the zoning purposes listed in N.J.S.A. 40:55D- 2, not only the promotion of the general welfare. Therefore, each of these listed purposes may support an application for a “d” variance. Further, the application requires a “C” variance for the off-street parking of the associated landscaping vehicles, which are not permitted as an accessory use within the zone. As per §25-12.1g, “Such parking area shall be used solely for the parking of passenger automobiles and no repair work or service of any kind shall be conducted in the parking lot. No permitted sign shall be larger than two square feet in area.”. The vehicles proposed to be parked and stored by the Applicant do not constitute passenger automobiles. Other Bulk “C” Variance requirements provided within the table below: