The Planning staff is recommending conditional approval and adoption of the findings of the variance criteria for this application.

This is a variance from Section 27-406 requiring new structures to meet the build-to zone maximum, a maximum ground-floor story height, minimum door and window coverage on the ground-floor front facade, the number of front facade entrances, the permitted roof types, and Section 27-1005.Q that does not allow service bay doors to face the street in a Corridor Mixed Use 2 (CMU2) zone district. The property was the location originally of Johnny Carino's restaurant and a subsequent Mexican Fiesta Restaurant. The building is now vacant and for sale. The proposal would remove the existing building and replace it with a Smitty's Carwash. The property is generally located at 3036/3042 King Ave West and is about 1.165 acres in area. The lot is legally described as Lot 3A1 of Studer Acreage Tracts amended.

The Corridor Mixed Use 2 (CMU2) zone district is a new zoning for the city that requires buildings to be closer to the street with less parking on the front and more street frontage landscaping. The City Council adopted the new zoning districts and regulations in January 2021. The zone districts now require buildings to placed as close as possible to the street frontage, to place parking to the side or rear of buildings, and have doors and windows on the first floor street frontage. The purpose of the build-to area and all the other building and siting standards for CMU2 is to ensure the street frontage is used for maximum potential for commercial businesses. Parking is restricted to side yards, rear yards or internal parking areas behind buildings that frame the street. Most of the buildings on the King Ave West corridor are not built in this way. Most older commercial structures along this corridor have at least 75% of the parking in front of building and the "front" of the businesses are setback 60 to 120 feet or more from the street. This creates the right elements for a high-speed traffic corridor with few if any opportunities for other modes of travel to these businesses. Traffic conflicts and crashes are high along this commercial corridor. 

The new regulations also allow variances from any numerical limitation or requirement in the code and this includes the elements noted above. There are some small variations allowed through an administrative process, however larger deviations still require a review and approval by the Board of Adjustment. The same basic criteria for variances have carried through from the previous zoning regulations since these criteria are outlined in state law. These criteria include a finding of physical hardship with the lot that prevents compliance with the zoning and that other properties in the district have received similar variance or have developed without the granting of a variance to the code requirement.

Planning staff has reviewed this application and finds the proposed variances are intended to accommodate a hardship with this property that does not apply to other lots within the district. The lot is burdened by an irrevocable 30-foot wide access easement for the benefit of all the tracts in the amended subdivision, another shared access easement on the west property line for an adjacent lot outside the subdivision and an irrigation easement along the frontage of the property. The access easement on the east side allows traffic from King Ave West to access the hotel to the south (3040 King Ave W), the easement on the west property line allows access to this property and to Lisac's Tire to the west. There is a raised median barrier on King Ave West in front of the eastern access drive, so all traffic for this driveway is "right-in/right-out" only. The western access point allows full turning movements, although there is no traffic control at this location. Turning westbound from the property may be difficult during normal daily traffic. King Ave West is a multi-lane arterial street with heavy volume and higher speeds during most times of the day.

The proposed site design and layout is not substantially different from adjoining developments and will fit in with the nearby developments. In order to enhance the site and mitigate some potential impacts from project, staff is proposing several conditions of approval.
 

Planning staff posted the required legal ad, mailed notices to surrounding owners, and placed the Zoning Request sign on the property. Planning staff has not received any emails, written comments or phone calls prior to the writing of this report.

The Board of Adjustment may

• Approve the findings of the review criteria as proposed by Planning staff and conditionally approve the variance application; or,
• Change the findings of the review criteria as proposed by Planning staff and deny the variance application; or
• Allow the application to be withdrawn at the request of the applicant; or
• Delay action on the variance application to a future Board meeting.

Approval or denial of the proposed variance will have no effect on the Planning Division budget.

Before granting the requested variance, the Board of Adjustment shall consider the findings of the review criteria (Sec 27-1627.D)

1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
There are special circumstances with this parcel that do not apply equally to other parcels in the area. The lot has an irrevocable access easement that applies to the both the eastern and western property lines, a no access strip across the front property between those access points, and an irrigation easement that burdens the front of the property as well. The eastern reciprocal access easement does not appear to encroach into the property, but the actual access drive has been constructed to encroach slightly in to this lot. The western access easement is 27 feet wide and does not allow any encroachment into this easement area. There are additional cross easements for utilities and maintenance of drainage. The lot is exceptionally narrow compared to its depth - 164 feet wide and 309 feet deep or a ratio of 1.88. A width to depth ratio of more than 1.6 makes site design more difficult even for buildings for vehicle services such as car washes, service stations and similar service business. A typical drive-thru car wash features a long tunnel and requires customers to enter on one end and exit through the opposite end of the building. The proposed site design illustrates the path of travel for customers. Traffic enters through either access on King Ave W, traveling down the west side of the proposed building and entering the carwash tunnel from the south. The main path of travel will allow queuing to happen safely and not back up into King Ave W. The tunnel exits at the front of the building and drivers can go right (east) to use the proposed vacuum parking stalls or go left and exit onto King Ave West. A right turn also allows access to King Ave W but only to go eastbound as there is a raised median at that access point. Customer access cannot come directly on to the site from the west or south. Customers coming from those directions would have to enter at the access points at the north end of the site. 

2. That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has handled several building a siting variance requests in the past two years. Most variance requests for these commercial zone districts have demonstrated hardships with the land because of existing conditions not created by the property owners. These include burdens such as flood plains, public water, sewer and drainage infrastructure, and irrevocable easements for access or utilities that prevent owners from complying with the adopted regulations. The previous zoning required minimum setbacks but did not impose maximum setbacks or require a certain percentage of the front line to be covered by a structure or structures. There were no requirements for doors or windows on the first floor facing the street, and street frontage landscaping was not always required. The BOA granted a variance from the "front lot line coverage" minimum for the proposed Panda Express on Lot 3B directly to the east (Variance 1350). Both sites share similar physical and legal burdens through easements and lot design. The BOA has also granted variances to property at 3160 S Frontage Road (CX - Variance 1359) for the location of parking in the front yard, 4825 Midland Road for building location, parking location and front facade requirements (CMU2 - Variance 1360), 807 Bench for building location (CMU2 - Variance 1362), and Blue Creek Road for building location, parking location, and building front facade requirements (CMU1 - Variance 1331). If denied the variance, this would deprive this applicant of rights commonly enjoyed by other tracts in similar districts and under similar circumstance.

3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other land in the same district.
The zoning history in the area shows several granted variances in the past two years under similar circumstances. Staff believes granting this variance with conditions will not confer a special privilege on this owner.

4. That the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and with the growth policies.
The proposed site plan will be similar to several others along the King Ave W corridor but will meet the new standards for landscaping and parking location. All other standards will be met except for the specific variances noted in the conditions.

5. In granting any variance, the BOA may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code.
Planning Staff is recommending the following conditions of approval:
1. The variance is limited to Lot 3A1 of Studer Acreage Tracts amended generally located at 3036/3042 King Ave West.
2. The variance is from the following portions of Section 27-406 and from Section 27-1005.Q: 3. The applicant or developer will comply with all other requirements for buildings and siting in the CMU2 zone district. The site will be developed in substantial conformance with the submitted site plan.
4. All outdoor lighting, with the exception of signs, shall have full cutoff shields so no part of the fixture or lens projects above or below the cutoff shield. This includes lighting for security on the building or in the parking lot.
5. No fascia on the building or canopy may be internally illuminated.
6. There shall be no construction activity prior to 7 am or after 8 pm daily.
7. The applicant/developer shall apply for a building permit within 24 months of Board approval and complete the development within 4 years of Board approval. Completion includes all buildings, landscaping, parking and other site structures and amenities.
8. Failure to begin or complete the project according to the time periods within this approval will void the variance.
9. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease-holders, heirs and assigns.

6. The BOA shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both.
Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending a 2-year time period to apply for a building permit and 4 years to complete the development. The proposed extended time for this variance is due to continuing supply and labor shortages.

7. Under no circumstances shall the BOA grant a variance to allow a use not permissible under the terms of this chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The proposed use of the building is an allowed use in the CMU2 zone district.