07142026_ZB 26 02 13 Porter Road_Combined Completeness and Board Review 1rcd 7 14 2026

Memorandum Page 1 of 6 TO: Township of West Orange Zoning Board FROM: Malvika Apte, PP, AICP, Planning Board Planner Langley Oudemans, Associate Planner RE: ZB Application 26-02 Completeness/Planning Review # 1 13 Porter Road Block 175.24, Lot 3 “C” Variance Application DATE: July 14, 2026 _____________________________________________________________________________________________ 1. Materials Reviewed As Requested, we have reviewed the following materials: • Six (6) pages of Township of West Orange Zoning Board Application for 13 Porter Road, dated May 2, 2026; • Five (5) pages of 200’ Property Buffer Report dated June 5, 2026; • One (1) page of Proposal Memo for Karriem Rhode, 13 Porter Road, undated; • Four (4) pages of Reasons for Relief Memo for Karriem Rhode, 13 Porter Road, undated; • One (1) page of Verification of Taxes & Sewer Charges Paid, prepared by the Township of West Orange Office of the Tax Collector, dated June 2, 2026; • One (1) sheet of Site Survey of Block 175.24, Lot 3 prepared by Lantelme, Kurens, and Associates, PC, dated April 7, 2026; • Ten (10) sheet of Proposed Garage Extension, Main Level Bath & Closet Addition, prepared by FC3 Architecture and Design, LLC., dated April 6, 2026. 2. Site Description and Surrounding Land Uses The subject property is an interior lot, identified as Lot 3 in Block 175.24, located at 13 Porter Road between Pleasant Valley Way and Lakeview Drive. The rectangular-shaped lot includes 60.5 feet of frontage on Porter Road and is approximately 6,702 square feet in area. The property is currently used as a residential property with a 1.5-story dwelling. Property improvements include a paver walkway from the street to the rear yard, a paver patio in the rear yard, and a driveway from the street to the first-floor garage. The rear and side yards are enclosed by a vinyl fence, the height of which has not been provided. A gate is located along

Memorandum Page 2 of 6 the fence in the front yard and provides access from the paver walkway to the rear yard. The subject property is surrounded on all sides by residential uses and is within a half mile of West Orange High School. Subject Site Aerial Source: NJ Geo Web

Memorandum Page 3 of 6 3. Proposed Project The applicant, Karriem Rhode, is proposing an addition to the rear side of their single-family residential dwelling in order to expand the garage, which is located on the ground floor, and add a new master bathroom to the first floor. The expansion is proposed to align with the edge of the kitchen facing the rear yard (north façade), and the edge of the bedroom facing the eastern side yard (east façade); thereby the expansion as proposed would not increase the existing side or rear yard setback conditions. The floor plans provided by the applicant depict that the proposed footprint measures 22’-3” by 9’-0” at the ground floor and 22’-5” by 8’-6” at the first floor. The proposed addition would not increase the overall height of the dwelling but would increase the footprint by approximately ±200 square feet. The roof of the expansion is proposed to include asphalt shingles to match the existing roof conditions. 4. Completeness This Application Completeness Checklist is included below. Based on the files provided, this application is capable of being deemed complete. Completeness Requirement Complete Incomplete Waiver Request Not Applicable Administrative Requirements § 25-51.2 a. Properly completed application forms X b. Plans, maps and construction details as required X c. Fees and escrow deposits paid (See Section 25-55) We defer to Board Secretary to confirm. d. Payment of taxes, liens and assessments. Verification of taxes dated 5/12/2026 X e. Site inspection authorization form. X f. Compliance with legal notice requirements. This is an ongoing condition. g. Corporation or partnership form. X h. Affidavit of ownership/authorization form. X i. Copies of approvals of other government/agencies as may be required or an affidavit indicating that application has been made to such agencies. X j. A listing of all variance requests, waiver requests of miscellaneous design standards and checklist waiver requests. X k. If the site is located within a community or development in which any bona fide board or association exists, the written proof that the board or association has received notice of the application for development is required. X

Memorandum Page 4 of 6 l. All plans and legal documents for compliance with all West Orange COAH Ordinances included in Chapter 25, Section 25-18 must be submitted to the Township. X “C” Variance Requirements § 25-51.9 a. A map, either in conformance with subsections 25- 51.3, 25-51.4, 25-51.5, 25-51.6 and 25-51.7.1 or if the application is to be bifurcated, a separate map, signed and sealed by an architect, engineer, planner or surveyor which provides sufficient data (i.e., setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based. X b. A statement or legal brief which clarifies why the "c" variance should be granted. Particular attention should be paid to the contents of N.J.S.A. 40:55D-70c, applicable case law and relevant Township Ordinances and N.J. Statutes. X 5. Zoning Review and Planning Comments A. Proposed Use: The subject property is located within the R-6 One-Family Residential Zone where single-family, detached dwellings are permitted principal uses on 6,000 square foot lots. The applicant is proposing an expansion on the rear side of the existing dwelling. The proposal would not increase any of the existing maximum setbacks or height. The proposal would increase impervious coverage by 3%. B. Bulk Conditions: The following table provides bulk requirements in the R-6 Zone and the existing and proposed conditions as noted on the plans. One (1) variance related to insufficient minimum side yard setback for the east side yard is required for this existing non-conforming condition. R-6 One Family Residential Zone Ordinance Requirements Existing Conditions Proposed Variance Required Min. Lot Area (SQFT) 6,000 6,702 No Change No Min. Lot Width (ft.) 60 68.5 No Change No Min. Front Yard (ft.) 30 24.7 Applicant to confirm No Change To Be Determined Min. Side Yard Setback (ft.) 10 + 8 14.1 + 6.4 No Change Yes (ENC) (V) Min. Rear Yard Setback (ft.) 30 34.8 No Change No Maximum Building Height 2.5 Stories / 35 ft. 1.5 Stories / 26 ft. No Change No Maximum Lot Coverage 45% 39% 42% No Maximum Building Coverage 35% 20% 23% No V = Variance ENC = Existing Non-Conforming Condition

Memorandum Page 5 of 6 C. Walls and Fences (§ 25-8.4b): Solid walls and fences are permitted provided they are less than 6 ft. in height, located in the rear yard, and located up to the rear line of the applicant’s house. They are permitted to be located in the side property up to the front of the applicant’s house if there is more than five feet provided on each side of the fence. The existing fence goes up to the front of the applicant’s house. Applicant to provide height of existing vinyl fence and the distances from the fence to the adjacent houses in order to assess compliance with the ordinance. D. Minimum Front Yard Setback: There is a discrepancy between the survey and the zoning table provided, where the survey shows an existing front yard setback of 24.7 ft, which is not compliant, and the zoning table notes a 31.1 ft setback. Applicant to provide testimony confirming the measurement. If the setback is confirmed to be 24.7 ft, additional variance relief for this existing nonconforming condition is required. E. Building Footprint: The architectural plans, dated April 5, 2025, includes a basement addition footprint of 22’-3” by 9’-0” versus a first floor addition footprint of 22’-5” by 8’-6”. Applicant to provide testimony clarifying this inconsistency. Additionally, Applicant to provide the area of the proposed addition, broken out by floor. 6. Statutory Criteria 1. The applicant requires relief for one (1) c-variance 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

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

Memorandum Page 6 of 6 The c(2) flexible variance states that by granting the variance, the purposes of the MLUL would be advanced by a deviation from the zoning ordinance requirement and that the benefits of granting the variance substantially outweigh the detriments. b. Negative criteria: The applicant must satisfy the two-prong test of the negative criteria; i. The variance can be granted without substantial detriment to the public good; and ii. The variance can be granted without causing substantial detriment to the zone plan. The applicant’s testimony regarding the negative criteria should address any potential impacts that the proposed variances may have on the neighborhood, as well as how the proposed development is consistent with, or in potential conflict with, both the zoning ordinance and the Township’s Master Plan.