Title
ZV2025-0007, Culver’s, 1580 S Hiatus Road, variance request. (Cole) (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Michelle Diaz-Mendez, agent for Culver’s, is requesting a drive-thru stacking variance to allow 4 inbound vehicle stacking spaces per drive-thru lane, instead of the required 5 inbound vehicle stacking spaces per drive-thru lane for the proposed Culver’s restaurant, located at 1580 S Hiatus Road. The proposed Culver’s will have two drive-thru lanes.
Currently, a commercial shopping center with a Wawa gas station exists on site. The City Commission approved the base site plan for the shopping center (SP 2006-53) at its April 18, 2007 meeting. Modifications to the site plan were made in 2007, 2008 and 2010, 2014 and 2015 (SP2015-01). The Wawa gas station was approved in 2017 through SP2017-03.
At the April 16 Commission Meeting, ZC2024-0004 was approved rezoning the property from B-3 (General Business) with restrictive covenants to C-1 (Commercial) with restrictive covenants.
Site plan application, SP2025-0004 shall be heard by the Planning and Zoning Board at later date for the proposed Culver’s.
VARIANCE REQUEST DETAILS:
The applicant is requesting a variance to allow 4 inbound vehicle stacking spaces per drive-thru lane, instead of the required 5 inbound vehicle stacking spaces per drive-thru lane.
The applicant has provided the attached site plan which depicts the proposed restaurant and two drive-thru lanes. Also attached is a justification statement to support their request. Drive-thru stacking spaces are regulated by Land Development Code Table 155.611 Minimum Drive-Thru Stacking Spaces. For reference, staff has attached the code section from Article 6 of the Land Development Code.
VARIANCE DETERMINATION:
The Planning & Zoning Board shall not grant any non-single-family residential variances, permits, or make any decision, finding, and determination unless it first determines that:
Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
In the granting of non-single-family residential variances, the Board shall follow Section 155.301(O) Variance:
1. Purpose: To allow for the provision of relief from certain development standards of this LDC for one or more of the following reasons:
a) There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
b) Any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
c) Granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.