M_ZB 26 02_13 Porter Road Memo2

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org I. INTRODUCTION The subject site is located along the northerly side of Porter Street and located within the Township’s Residential (R-6) Zone District. The Applicant proposes to construct an addition to expand the existing garage and bathroom/closet to the existing single-family dwelling. II. ZONING This proposal does not meet the requirements noted above, the Applicant must seek relief from the Board pursuant to the Municipal Land Use Law under N.J.S.A. 40-55D-70c. The existing dwelling has side yard setbacks of 14.1 feet and 6.4 feet, where 10 feet and 8 feet are required, and is considered an existing non-conforming condition, pursuant to the Bulk Zoning requirements for the R-6 Zone, as defined in Chapter 25-7.1 of the Township Code. The proposed addition maintains the existing non-conforming side yard setback. As a result, the Applicant seeks variance relief to permit a side yard setback of 6.4 feet, where 8 feet is required. “C” or “Hardship” Variance In judging an application by the C(1) criteria, the core question presented to the Board is whether there has been a showing of (1) peculiar and exceptional practical difficulties to, or (2) exceptional and undue hardship upon, the applicant arising out of (a) the exceptional narrowness, shallowness or shape of the subject property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting the subject property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting the subject property or the structures lawfully existing thereon. In all cases the alleged hardship must relate to a specific piece of property III. PROPOSAL The proposal is to construct an approximately 200 square foot (SF) addition to the existing dwelling. The addition extends the existing garage and creates additional floor space on the first floor to accommodate for a new bathroom and walk-in closet connected to an existing bedroom. The addition results in an increase of 200 SF in building coverage and impervious cover, which is below the threshold for a Minor Development, as defined in Chapter 25-29 of the Township Code. IV. TREE REMOVAL 4.1 The existing conditions survey shall be revised to include the location and caliper of trees within the subject property;  Addressed.