PB 25 12 262 270 Main Street Draft Resolution

13 . v 37. N.J.S.A. 40:55D-60 permits a planning board to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance as part of site plan or subdivision review. The variance proofs are the same as for “c” variances as set forth in N.J.S.A. 40:55D-70. A c (2) variance may be granted when the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a “c (2)” variance must include benefits to the community as a whole, not just the applicant or property owner. A “c” variance must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. The requested variances for one on site loading zone and 43 parking spaces (47 with the 4 EV parking space credits) satisfy the c (2) criteria as the parking is driven by customer need and business operation. The ordinance calculation for required parking is based upon square footage and the evidence demonstrated that 4,144 sq. ft. of the building was for storage which would not be used by patrons of the store. Therefore, the proposed parking for a state of the art supermarket which is located in a walkable community and downtown setting provides benefits that outweigh the detriments. The proposed supermarket beautifies the corner and will revitalize the downtown area and contributes to improved pedestrian walkability of the downtown. The Applicant investigated whether a different layout such that the loading space was not on Main