Title
ZV2026-0005, Dutch Bros Coffee, 8579 Pines Boulevard, variance request. (Cole) (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Corporate Property Services, agent, has submitted three variance request for the proposed Dutch Bros Coffee site (formerly Checkers) located at 8579 Pines Boulevard. The applicant is specifically requesting the following:
• To allow a 21’ street side setback instead of the required 30’ street side setback.
• To allow a minimum floor area of 986 square feet instead of the required minimum floor area of 1,500 square feet.
• To allow a 20.6’ wide landscape buffer along the Pines Boulevard Corridor instead of the required 40’ wide landscape buffer along the Pines Boulevard Corridor.
The existing building was approved in 1992 through SP 92-34. At the November 14, 2024, Planning and Zoning Board meeting miscellaneous application MSC2024-0019 was approved allowing architectural and signage modifications to the site for a proposed Turbo Shot coffee. None of the approved changes were made and the property has since been sold.
The applicant has submitted a site plan application, SP2026-0006 requesting approval to demolish the existing building and construct a new drive-thru coffee shop, Dutch Bros Coffee. Should this variance request be approved, the site plan will be heard at a later date.
VARIANCE REQUEST DETAILS:
The applicant is requesting three variances for the proposed Dutch Bros. The applicant has provided the attached justification statement to support their request.
• ZV2026-0003: To allow a 21’ street side setback instead of the required 30’ street side setback.
• ZV2026-0004: To allow a minimum floor area of 986 square feet signage instead of the required minimum floor area of 1,500 square feet of signage.
• ZV2026-0005: To allow a 20.6’ wide landscape buffer along the Pines Boulevard Corridor instead of the required 40’ wide landscape buffer along the Pines Boulevard Corridor.
Setbacks and minimum floor area are regulated by Land Development Code section 155.431 and the Pines Boulevard Corridor is regulated by Land Development Code section 155.633. For reference, staff has attached applicable sections from Article 4 and 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.