17 Variances

Variances, Exceptions, Interpretations and/or Design Waivers

Presentation of a building plan that would require no fewer than 17 variances, would create the second highest building in the borough if approved, and would demolish the building currently housing two successful and popular local businesses is expected to draw a large crowd both in person and on ZOOM Tuesday night at 7p.m. July 18, when the Planning Board hears the preliminary and final site plan and variances application from Kalian Management for property at 160 First Avenue.

The property is one block in from Route 36 at the entrance to the borough near the intersection of E. Garfield ave.

The property is the current location of Mike’s Convenience and Scenic Liquor stores and immediately adjacent to Kalian’s other apartment complex still under construction. If approved this building would be one story higher than the adjacent apartment nearing construction completion by the same firm.

The applicant’s attorney, Ansell, Grimm & Aaron, also noted Kalian will “request such other variances, exceptions, interpretations and/or design waivers which may be necessary to accommodate the application as filed or as revised by the Planning Board and/or its professionals and will amend its application on the record accordingly.”

While the applicant in its request is initially seeking at least 17 variances, the 13 page report by CME Associates, the borough’s engineering firm, indicates other waivers may also be needed to be granted by the planning board as well.

Among the variances sought are to allow the building’s proposed 44-foot height to exceed borough regulations that set a maximum height of 40 feet in a three story building.  Higher points for the elevator and stair towers would create construction at 61 feet, another 17 feet of elevation, where 15 feet is the maximum. The proposed construction, in addition to being higher than the current regulations allow, would also be four stories in height where three is the maximum.

Everything from a plan for a lack of shade trees and landscaping, along with insufficient parking spaces, both in number and in size, to undersized apartments and a lack of loading space required for commercial use would require variances before a building permit could be issued.

Kalian’s plan also calls for some units  be for affordable housing, though no three-bedroom units as required are included, a matter which the borough engineer referred to the board’s counsel.

In its review, the borough engineer noted the applicant should be prepared to respond to numerous questions from the planning board as to its application, conducting the positive and negative effects of granting the variance.

The engineer noted there must be special reasons to grant the variance to show approval would “advance the purpose of zoning,” and that the site is particularly suited to allow for the construction of a building of this size.  The applicant would also have to show that granting the variance would not create any “substantial detriment to the public good,” and would have to prove  its impact on surrounding properties would not  “cause such damage to the character of the neighborhood as to constitute a substantial detriment to the public good.”

Both the application and the engineer’s report are available at ahnj.com under the Planning Board’s announcement of tomorrow night’s special meeting.