Title
ZV2025-0006, 1300 N University Drive, 1300 N University Drive, variance request. (Cole) (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Jennifer Berriel, agent for the property owner, is requesting a variance for the minimum number of off-street parking spaces and the minimum width of interior parking islands for the site located at 1300 N University Drive. The variances proposed are required to accommodate a proposed restaurant tenant.
The existing building, constructed in the early 1970s, has primarily been occupied by Umberto’s Pizza (Closed in 2021) and a florist (Currently a smoke shop) for most of the site's history. The site does not comply with many of today’s Land Development Code regulations; however the site was designated as an existing non-conforming property.
In 2023, a new restaurant was proposed for the former Umberto’s space. Before obtaining the necessary building permits (Code Case 231004013), the tenant made modifications to the tenant bay, including expanding the existing dining room. The expansion of the dining room requires that the site meet code requirements including but not limited to minimum parking requirements, ADA, Engineering and Fire Prevention standards.
The applicant worked with the Engineering Division and Fire Department to create a new parking layout that could meet their respective requirements. The proposed parking layout has been reviewed by the zoning division and the subject variances were identified as necessary to bring the site into compliance.
Should the variances be approved, the applicant will be required to attain respective permits as required by the city.
VARIANCE REQUEST DETAILS:
The applicant is requesting the following variances:
• ZV2025-0001: To allow the proposed 23 parking spaces instead of the required 48 parking spaces.
• ZV2025-0006: To allow a minimum interior parking island width of 6.5 feet instead of the required 10 feet.
The applicant has provided the attached justification statement to support their request. Minimum off street parking is regulated by Land Development Code section 155.605, and parking islands are regulated by Land Development Code Section 155.663. For reference, staff has attached Table 155.605: Minimum Parking Requirements and section 155.663 Parking Islands 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.