Title
ZV2025-0008, Village of Mayfair Shopping Center, generally located north of Pembroke Road and West of Hiatus Road, variance request. (Cole) (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Michelle Diaz-Mendez, agent, is requesting a parking variance for Village of Mayfair shopping center generally located north of Pembroke Road and west of Hiatus Road to facilitate the proposed development of a self-storage facility. 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 285 existing parking spaces instead of the required 344 parking spaces.
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. Only a portion of the approved commercial shopping center and the Wawa gas station were constructed, leaving two vacant remaining parcels.
• The vacant parcel north of Wawa was once contemplated for a bank use but was never constructed.
• For the vacant parcel to the west of the Wawa the applicant is proposing Culver’s (SP2025-0004, approved at the June 26, 2025 Planning and Zoning Board meeting) and a self-storage facility. Should this variance be approved, a site plan application for a self-storage facility will be heard by the Planning and Zoning Board at a later date.
The City Commission has approved the following relevant zoning change applications for the property:
• February 15, 2006 rezoning of the underlying property from R-6 (Hotel) to B-2 (General Business) with associated commercial flexibility conversion (Ordinance 1537). That rezoning approval included a restrictive covenant which restricted certain B-2 uses on the property.
• March 18, 2009, amended to the restrictive covenants (Ordinance 1636) to allow daycare facilities over 5,000 square feet within the list of approved uses.
• May 17, 2017 rezoning of the underlying property from B-2 (Community Business) to B-3 (General Business) with amended restrictive covenants (Ordinance 1878). The amended restrictive covenants allow for:
o Only gasoline station use within the B-3 use list
o B-2 (Community Business District) restricted uses.
• April 16, 2025 rezoning of the underlying property from B-3 (General Business) to C-1 (Commercial) with amended restrictive covenants (Ordinance 2043)
o The amended restrictive covenants allow for:
§ Only self-storage use within the C-1 use list.
§ 65’ maximum height for self-storage buildings
Variance, ZV2020-08 was previously approved by the Planning and Zoning Board to allow for a reduction in required parking permitting 424 spaces in lieu of the 456 spaces required by code to support the expansion of the existing Finger Lickin restaurant. However, due to changes in both existing and proposed site development, the conditions under which the variance was granted can no longer be satisfied. Additionally, the current site configuration does not provide sufficient parking to meet the needs of both the existing and proposed uses. As a result, the applicant is now seeking approval of this variance to address these deficiencies.
VARIANCE REQUEST DETAILS:
The applicant is requesting a parking variance to facilitate the proposed development of a self-storage facility. 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 285 parking spaces provided, instead of the required 344 parking spaces.
To support their request, the applicant has provided the attached self-storage parking analysis and justification statement. 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.