Title
ZV2026-0008, Jamaat ul Muttaqeen, 1010 SW 196 Avenue, variance request. (Cole) (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Fatimah Abrahim, agent, is requesting two parking variances for Jamaat uI Muttaqeen located at 1010 SW 196th Avenue. The applicant is specifically requesting the following:
• To allow 66 parking spaces instead of the required 97 parking spaces.
• To allow up to 63% of the required parking spaces be surfaced with grass or lawn instead of the allowed maximum of 50%.
The existing mosque was approved in 1999 through site plan SP99-73. The most recent modification to the site was a canopy expansion approved in 2017 through miscellaneous application MSC2017-01.
The applicant has submitted a miscellaneous application, MSC2024-0001 requesting approval to construct a 1,334 square foot addition for Quran study. Should these variance requests be approved, the miscellaneous application will be heard at a later date.
VARIANCE REQUEST DETAILS:
The applicant is requesting two parking variances. The applicant has provided the attached justification statement to support their request.
• ZV2026-0007: To allow 66 parking spaces instead of the required 97 parking spaces.
• ZV2026-0008: To allow up to 63% of the required parking spaces be surfaced with grass or lawn instead of the allowed maximum of 50%.
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.