Title
ZV2025-0009, Tanglewood Plaza, 9610 - 9728 Pines Boulevard, variance request. (Cole) (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Sam Susi, agent, is requesting a parking variance for Tanglewood Plaza located at 9610 - 9728 Pines Boulevard to facilitate the conversion of an existing takeout-only tenant bay into a full-service restaurant. The variance is also intended to provide flexibility for future leasing, as outlined in the applicant's justification statement. The applicant is specifically requesting to allow 156 existing parking spaces instead of the required 186 parking spaces.
In 1984, the plaza was approved through site plan application SP84-22. In 2012, a non-concurrent parking agreement was approved to accommodate a medical use. Due to the proposed tenant mix, a non-concurrent parking agreement is no longer viable for the site.
VARIANCE REQUEST DETAILS:
The applicant is requesting a parking variance to facilitate the conversion of an existing takeout-only tenant bay into a full-service restaurant. The variance is also intended to provide flexibility for future leasing, as outlined in the applicant's justification statement. The specific request is to allow the 156 parking spaces provided, instead of the required 186 parking spaces.
To support their request, the applicant has provided the attached justification statement detailing the history of the site, proposed conversion of the existing tenant and the desire to have future flexibility with leasing. Minimum off street parking is regulated by Land Development Code section 155.605. For reference, staff has attached Table 155.605: Minimum Parking Requirements 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.