Based on shopping centers, the 28,000 sf building would require 6 x 28,000/1,000 = 168 parking spaces.

Based on restaurant type uses, the 28,000 sf building would require 1 x 28,000/50 = 560 parking spaces.

Per the Remington, Vernick & Vena Engineer's letter dated August 28, 2013, the existing 13,112 sf restaurant building was calculated to require 263 parking spaces.

Per Senate Bill S3223 at least 4% of the total parking spaces if the lot has over 150 spaces (at least 5% of which must be accessible for people with disabilities). Based on the proposed overall parking of 327 parking spaces, the number of EV ready spaces required is 13 spaces (including 1 accessible space). The plan depicts 12 EV ready space none of which are accessible for people with disabilities.

An updated traffic report may be required.

Variance or waiver relief may be required pending Applicant's response to the issues identified in the body of this report.

In order for the Board to grant a ‘c’ 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. 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 exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property...[N.J.S.A. 40:55D-70c(1)]

To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;

To secure safety from fire, flood, panic, and other natural and man-made disasters;

To provide adequate light, air, and open space;

To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county, and the State as a whole;

To promote the establishment of appropriate population densities and