Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2025-0343 - Panchitas Restaurant.  A request by Vega & Vega Engineering, on behalf of Juventina Garcia, owner, for a variance from the City of San Luis Zoning Ordinance Section 18.35.040 Table No. 7 to reduce the minimum front setback required from 15 ft. to 10 ft. and Section 18.75.030 (B) to reduce the required paved driveway within the property line from 20 ft. to 10 ft. in a Community Commercial District (C-2) on property located at 683 N 2nd Avenue in San Luis, Arizona.  (Jose A. Guzman, Director of Development Services)

A. Staff presentation
B. Open Public Hearing
C. Call to the public on this item
D. Close Public Hearing
E. Action on Variance Case No. 2025-0343

The property in question is located at 683 N 2nd Avenue, assessors parcel number 775-46-043, and is zoned as Community Commercial (C-2). The request is to reduce the minimum front setback required from 15 ft. to 10 ft. from the City of San Luis Zoning Ordinance Section 18.35.040 Table No. 7 and to reduce the required paved driveway within the property line from 20 ft. to 10 ft. from the City of San Luis Zoning Ordinance Section 18.75.030 (B). 

The parcel contains 15,366 sf. where the minimum lot size in commercial zoning districts is 8,000 sf.  A lot tie was recorded back in January 2025 to incorporate the existing restaurant's parcel to the southern parcel. The existing restaurant's lot size which was 2,100 sf. did not meet the minimum required standards for a Community Commercial (C-2) lot. This lot tie brought the parcel into compliance.

The purpose of this variance is to allow the existing restaurant building to do an expansion and to provide the parking spaces required for a restaurant in the City of San Luis Zoning Ordinance Section 18.75.040 Table No. 15.

The front setback reduction from 15 ft. to 10 ft. will allow for a building expansion to the front and this will remove the existing non-conforming and potentially hazardous parking on 2nd Avenue. This building expansion to the street side (2nd Avenue) will provide a safer access to the property and restaurant as the attached site plan suggests.

The reduction of the required front driveway from 20 ft. to 10 ft. will allow the existing restaurant building with its expansion to provide the required parking spaces as per Zoning Ordinance and sufficient on-site storm water retention capability.

AGENCY REVIEW:
As with all variance requests, this was distributed to various review agencies and City Departments. We did not recieve any comments.

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (35 letters).  

CRITERIA FOR APPROVAL:
All requests for a variance from the City of San Luis Zoning Ordinance must meet the criteria for a variance as set forth in the City of San Luis Zoning Ordinance. A variance is not a right. It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in A.R.S. §9-462.06 and is Section 18.15.060 (C) of the Zoning Ordinance. In all cases, the application shall address all the following hardship criteria:

1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.
2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.
3. The variance is necessary for the preservation of substantial property rights. Without a variance, the property cannot be used for purposes otherwise allowed in this zoning district.
4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.

The Arizona Revised Statutes (§9-462.069-462.06. Board of adjustment) further state that the Board may not:

1. Make any changes in the uses permitted in any zoning classification or zoning district.
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

ANALYSIS:
1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district. There are no special circumstances or conditions. The conditions creating the request were created by the property owner.

The existing building was limited by the existing lot size, which was 2,100 sf. and has potentially hazardous parking backing up into the right-of-way. Lot size and parking did not meet the minimum required standards for a restaurant on a Community Commercial (C-2) District. The lot tie brought the parcel size to 15,366 sq. ft. and in compliance with the possibility of enough space to meet the minimum required parking spaces. Although the owner made the lot tie to improve the property and bring it into compliance, the circumstances that prompt the request are the result of choices made by the property owner, and they can be addressed by reducing the size of the proposed building. 

2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.

The limitations on the existing building were part of the pre-lot tie dimensions. The owners purpose of the lot tie is to provide a proper sized lot, improve and rehabilitate the site with the possibility of addition. However, the circumstances that prompt the request are the result of choices made by the property owner, and they can be addressed by reducing the size of the proposed building addition.

3. The variance is necessary for the preservation of substantial property rights. Without a variance, the property cannot be used for purposes otherwise allowed in this zoning district. 

The variance is not necessary for the preservation of substantial property rights. The property is currently used as a restaurant in a Community Commercial (C-2) district, and the owner can construct any permitted use in this district. However, the dimensions of the proposed project will have to be modified if the variance is not granted; the property owner retains the ability to use the lot for any permitted use in the district or modify the proposed restaurant addition by reducing the building size to meet zoning requirements.

4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.

The authorization of the variance will not be materially detrimental to persons residing or working in the vicinity. It would potentially reduce the issue of on-street parking that currently exists in this neighborhood. By allowing this variance, the owner would be able to provide sufficient parking spaces for customers and reduce the use of the limited on-street parking. The reduction of the paved driveway into the property does not trigger safety concerns since driveway is located towards the center of the parcel and would not have visibility issues north or south.

STAFF RECOMMENDATION:
Staff has reviewed this request and has determined that it does not meet the required criteria; therefore, staff recommends denial of Variance Case No. 2025-0343.