Set February 24, 2025, as the date of public hearing for a Certificate of Design Compliance for a new structure located in the Highway Gateway Overlay District and a variance to reduce the front yard building setback on the Madison Avenue side of the property from 15 feet to 0.92 feet. The subject property is described as the north half of Lot 9, and Lot 10, Auditors Plat 27 (830 North Broad Street etc.); by request of Habib Sadaka.

Set February 24, 2025, as the date of public hearing to review the variance and the certificate of design compliance. 

Habib Sadaka is requesting to set February 24, 2025, as the date of public hearing an amendment to the certificate of design compliance for a new structure in the Highway Gateway Overlay District and for a variance to reduce the front yard building setback along Madison Avenue from the required 15 feet to just 0.92 feet.

The project involves three existing parcels which will be combined into a single zoning lot. The parcels are located at 824, 826, and 830 North Broad Street, and 225 Madison Avenue. The legal description includes the north half of Lot 9 and Lot 10, Auditor’s Plat 27.

Currently, the site contains a single-story, 960-square-foot building, which will be demolished as part of the redevelopment.

Project Background

On June 12, 2023, a similar variance request was approved by the City Council.
The current design proposal includes changes from a previously approved three-story structure to a two-story building. Additionally, the parking area along Broad Street has been removed, eliminating the need for a previously approved variance on that side of the property. The building, originally planned to have residential spaces, will now be exclusively for office use.

The proposed building will feature a mix of materials, including Vetter stone limestone, Harrywood metal plank, Hardie panel siding, black metal trim, and matte black or earth-tone canopies.

Lighting will consist of down lighting to meet city code standards. However, the submitted photometric plan will need adjustments to comply with city requirements limiting lighting levels at the property line to no more than 0.5 foot-candles.

Code Compliance and Site Features

• Lot Coverage and Dimensions: The proposed structure will cover 21.76% of the lot, within the allowable 75%. The floor area ratio (FAR) and proposed building height of 24 feet also conform to city code requirements.
• Building Design: The two-story office building will have a footprint of 3,392 square feet per floor, totaling 6,784 square feet. Due to the lot's topography, the Madison Avenue side will be at grade level with only one visible story, while the Broad Street side will show two full stories. Retaining walls will accommodate the slope.
• Parking and Bicycle Facilities: The project requires 20 parking spaces, and 23 are being provided, including two accessible spaces. Bicycle parking will also be required.
• Landscaping and Screening: Screening for street-facing parking areas will be required, with landscaping adjustments necessary to meet the code. Conditions include providing deciduous trees at 50-foot intervals and evergreen trees at 25-foot intervals along the parking lot edges. The proposal will need to provide screening between 4 feet and 8 feet for the entire parking lot.
• Snow Removal: The applicant proposes storing snow on an adjacent vacant lot. If space becomes insufficient or the lot is developed, snow will be hauled off-site.
• Fencing and Signage: A fence will screen the southern parking area. A site signage plan must be submitted before any sign permits are issued.

Variance Request

The applicant seeks a variance to reduce the Madison Avenue setback from 15 feet to 0.92 feet. Previous variances, including one approved in 2008 and another in 2023, allowed setbacks as low as 0.75 feet. However, since construction never occurred, the 2023 variance has expired.

Due to this reduced setback, mechanical equipment will not be permitted on the Madison Avenue side. Additionally, if any building components require encroachments, the applicant must obtain a license to encroach. Temporary use of the right-of-way during construction will also require permits.
 
Evaluation Criteria

The variance request is evaluated based on three factors: reasonableness, uniqueness, and essential character.

• Reasonableness: The applicant is requesting reasonable use of the property that cannot be achieved under current setback rules. Previously approved variances had similar setbacks.
• Uniqueness: The lot's narrow size and sloping topography create unique challenges not caused by the landowner.
• Essential Character: The proposed structure aligns with the community's urban design goals for Madison Avenue. The guidelines encourage placing buildings close to the street with parking behind them to define street corridors and improve the area’s identity.

The development plan meets these design objectives by positioning the building along the street edge and placing parking behind the structure. Achieving the required 15-foot setback would conflict with the Urban Design Guidelines' recommendations.