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

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