PB 25 09 Perez Minor Subdivision Draft Resolution

detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. 20. Applicant’s planner testified that the variance for the lot area of 5,000 and lot width of 50 feet for each of the proposed lots, and the side yard setback of 2 feet for lot 58.02 and the existing house can be granted as a c(2) variances as the proposed subdivision and resulting variances satisfy several of the purposes of the MLUL. 21. Specifically, Applicant’s planner testified that Applicant satisfies N.J.S.A. 40:55D-2a in that the variances are justified under the c(2) criteria as they promote purpose: a. (promotes the public health, safety, morals, and general welfare by improving old housing, and creating new modern housing for middle income families), g. (provides sufficient space in appropriate locations for residences in order to meet the needs of all New Jersey citizens as the subdivision and new house is compatible with the neighborhood conditions) and i. (promotes a desirable visual environment by creating more uniform lots within the neighborhood.) 22. Applicant’s planner also testified that the negative criteria for a c(2) variance was satisfied because the project supplies sufficient on site parking and will not create any negative traffic impact. 23. Applicant testified that the subdivision will be perfected by the filing of a deed. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. The use at the site is a permitted use.