09152026_ZB 26 01 15 Alan Street Board Review 3

Memorandum Page 6 of 7 6. Statutory Criteria 1. The applicant requires a d(1) use variance for this application to allow a home occupation in an accessory structure. 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 40:55-70.d. The applicant must satisfy both the positive and negative criteria associated with variance relief for the D(1) variance: a. Positive Criteria: The applicant must demonstrate that the project generally advances the purposes of zoning and that special reasons exist for the granting of the variance. These special reasons can be one of the following: i. The proposed use will inherently serve the public good; ii. The owner would suffer an undue hardship if compelled to use the property in conformance with the standards of the zone; or iii. The proposed site is particularly suited for the proposed use. b. Negative Criteria: The applicant must demonstrate that the project will not be a substantial detriment to the public good, and that it will not substantially impair the intent and purpose of the zoning plan. The applicant’s testimony regarding negative criteria should address any potential impacts the proposed use may have on the neighborhood, as well as whether the proposed use is consistent with, or in potential conflict with, the zoning ordinance and the Township's Master Plan. 2. The applicant requires relief for five (5) c-variances 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

lates 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