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  • There are no accessible parking spaces provided for the existing use, and this does not comply with ADA requirements. The building is open to the public. A van accessible parking space should be provided.
  • The Applicant shall provide testimony to discuss where solid waste and recyclables are stored and how they are removed from the site.
  • The Applicant shall provide testimony regarding any Affordable Housing obligations associated with the project.

V. VARIANCES & WAIVERS

  • Applicant requests use variance relief under N.J.S.A. 40:55D-70(d) (commonly referred to as a "Use" variance) in order to permit the parking and storage of vehicles, heavy equipment, and storage trailers within a leased portion of the property not related to the principal use.
  • Applicant may require variance relief for the existing conditions under N.J.S.A.40:55D-70(c); commonly referred to as a 'c' or "bulk" variance for minimum front yard setback and minimum required parking.
  • Additional 'c' variance or waiver relief may be required pending Applicant's response to the issues identified in the body of this report and during site plan application.
  • In order for the Board to grant a ‘d’ variance, an Applicant must demonstrate, to the Board’s satisfaction, that: (1) such action will relieve peculiar and exceptional practical difficulties or exceptional and undue hardship upon the developer of the subject property resulting from the strict application of the zoning ordinance (typically known as a Hardship Variance); OR (2) that granting a variance to allow departure from the zoning ordinance would advance one of the purposes of the Municipal Land Use Law (N.J.S.A. 40:55d-1 et seq. [MLUL]) and that the benefits of the deviation would substantially outweigh any detriment (typically known as the Special Reasons). Collectively, these are known as the Positive Criteria.
  • An Applicant must also demonstrate, to the Board's satisfaction, that such variance can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance. This is known as the Negative Criteria.
  • Both the Positive Criteria and Negative Criteria must be satisfied in order for the Board to grant 'd' variance relief. The granting of a 'd' variance requires five (5) affirmative votes.
  • In order for the Board to grant a 'c' variance, an Applicant need only satisfy the Positive Criteria (although no variance may be granted which will be detrimental to the public good or the City's Zone Plan). The granting of a 'c' variance requires the affirmative vote of a majority of the Board members present at the hearing.
  • The MLUL defines “peculiar and exceptional practical difficulties” and “exceptional and undue hardship” as:
  • [where] by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation... would result in peculiar and

1512Z501 Use Variance