var2016-00084 arbys s orange redev - city of orlando · page 3 project analysis project description...

Property Location: 2600 S. Orange Ave. (Parcel ID #02-23-29-3976-00-030, at the southwest corner of S. Orange Ave. and W. Jersey St., north of W. Michigan St.)(±0.52 acres, District 4). Applicant’s Request: The applicant is requesting six (6) design variances and three (3) regular variances to bring the noncon-forming Arby’s restaurant site up to Code. The property is located in the AC-2/T/SP zoning district. Staff’s Recommendation: Approval of the variance requests, subject to conditions in

S U M M A RY

Location Map Subject Site

Applicant

Bob Ziegenfuss Z Development Services

Project Planner

Jim Burnett, AICP

Owner

Spirit Master Funding LLC

Staff Report to the Board of Zoning Adjustment August 23 , 2016

ARBY’S RENOVATIONS 2600 S. ORANGE AVE.

VA R 2 0 1 6 - 0 0 0 8 4 I T E M # 2

this staff report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of August 8, 2016. As of the pub-lished date of this report, staff has not re-ceived any comments from the public con-cerning the variance requests.

Updated: August 16, 2016

W. Jersey St.

Walmart Grocery

McDonalds

CVS

SuperTarget

SODO (South of Downtown Orlando)

S. O

rang

e Av

e.

W. Jersey St.

SuperTarget SODO (South of Downtown Orlando)

INDUST

RES-LOW

SUBJECT PROPERTY

FU T U R E LA N D US E MA P

UR-AC Wells Fargo

R-1/T

W. Jersey St.

S. O

rang

e Av

e.

SUBJECT PROPERTY

ZO N I N G MA P

SODO (South of Downtown Orlando)

PR O J E C T AN A LY S I S Project Description

The subject property consists of a 1-story, 2,368 sq. ft. Arby’s restaurant with drive-through at the southwest corner of S. Orange Ave. and W. Jersey St. in the South Orange neighborhood. Rather than demolishing the existing restaurant and re-building to meet Code, the applicant is renovating the restaurant and property, with said renovations constitut-ing a substantial improvement and requiring that the site be brought up to Code to the maximum extent possible. The property is zoned AC-2/T/SP (Urban Activity Center, Traditional City Overlay, Orange-Michigan Special Plan Over-lay) and is designated Urban Activity Center on the City’s Future Land Use Map. Adjacent uses, zoning and future land use designations are per Table 1 below.

Previous Actions: 1925: Property platted as part of the Jersey Heights Subdivision. 1960: Property annexed into the City (Doc. #3921), property already developed as Life & Light Tabernacle & Palm Manor Nursing Home (demolished 1965). 1975: 1,600 sq. ft. Taco Tico restaurant with drive-through constructed on the property. 1990: Restaurant converted to a 52-seat Arby’s with a drive-through. 2004: Current owner purchased the property. Conformance with the LDC As previously noted, the property is zoned AC-2 and is located in the Traditional City (T) overlay, which denotes those areas located in the older areas of the city platted or developed prior to WW2. The property is also located in the Or-ange-Michigan Special Plan Overlay. With a lot size of 22,626 sq. ft., the 0.52-acre lot is legally conforming and meets all applicable lot requirements under AC-2/T/SP zoning. Analysis Staff has identified the following issues that need to be remedied as part of the substantial improvement of the site: Design Variances: A. Allow front building setback of 65.4 ft., where a maximum allowed front setback of 5 ft. is required (per LDC Sec. 62.620, Traditional City Overlay); B. Allow street side building setback of 55.4 ft., where a maximum allowed street side setback of 5 ft. is required (per

LDC Sec. 62.620, Traditional City Overlay); C. Allow side building setback of 55.6 ft., where a maximum allowed side setback of 30 ft. is required (per LDC Sec.

62.620, Traditional City Overlay); D. Allow parking to be located in front of the restaurant, where parking is limited to the rear or sides (per LDC Sec.

62.622, Traditional City Overlay); E. Allow parking to be accessed from both S. Orange Ave. and from W. Jersey St., where access to parking is only

allowed from side street (W. Jersey St.) or via cross-access easement (per LDC Sec. 62.626, Traditional City Over-lay);

F. Allow more than one curb cut per street for a corner lot (per LDC Sec. 62.499, Orange-Michigan Special Plan Over-lay);

Regular Variances G. Allow 6.5 ft. deep landscaped buffer along the south side lot line, where a minimum 7.5 ft. buffer is required (per LDC Sec. 61.312(a7));

Table 1 - Project Context

Future Land Use Zoning Adjacent Use

North (Across W. Jersey St.) Urban Activity Center (UR-AC)

AC-2/T/SP (Urban Activity Center, Traditional City Overlay, Orange-Michigan Special Plan Overlay)

Five Guys Burgers

East (Across S. Orange Ave.) UR-AC AC-2/T/SP Vacant & Centracare

South UR-AC AC-2/T/SP Wells Fargo Bank

West UR-AC AC-2/T/SP Construction Offices

H. Allow 1+ ft. deep landscaped buffer along the rear lot line, where a minimum 7.5 ft. buffer is required (per LDC Sec. 61.312(a7)); I. Allow drive aisle in front of the building, where currently required to be behind the building (per LDC Sec. 58, Part 1B Footnote 6).

Traditional City and Orange-Michigan Special Plan Overlays As previously noted, the property is located in two (2) overlay districts, of which the Tra-ditional Overlay is the more restrictive in terms of overall site design and layout.

Of the nine (9) variances requested, five (5)are to Traditional City design standards and only one is for relief from an Orange-Michi-gan design standard. The existing site survey is located on page 7 and the revised site plan is located on page 8 within this report.

Design Variances A, B & C (Setbacks) - LDC Section 62.620, Design Standards in Activity Centers within the Tra-ditional City, requires buildings on sites going through substantial improvement to be located close to the street, with parking and drive aisles (and drive-through windows) to be blocked from view from the R-O-W by the building. Thus, no (zero ft.) building setbacks are preferred, rather than buildings centrally located on the property.

For the Arby’s site, the applicant intends to keep the building in its current central location (see Table 2 above). Staff met with the owner several months ago and attempted to re-design the site much as the Wendy’s (at 1919 S. Orange Ave.) was redesigned to be as close to S. Orange Ave. and E. Esther St. as possible. The Wendy’s re-design allowed parking and the drive-through lanes to be located behind the restaurant building, but the Wendy’s site is larger and the lot is lengthier than the Arby’s site, allowing more maneuverability for customers and receipt of deliveries. Rather than removing the existing Arby’s building, the owner has opted to retain the restaurant building in the current central loca-tion and to request design variances for exceeding maximum front, street side and side setbacks, again as noted in Ta-ble 2 above.

In return for retaining the central building location, the applicants are providing the following site changes, all compli-ant with both Traditional City and the Orange-Michigan Special Plan Overlays:

New building facades with required transparency An outdoor eating area in front of the restaurant building (behind the required 7 ft. courtyard required by the Or-

ange-Michigan Special Plan Overlay) 13-ft. streetscape (per Orange-Michigan Special Plan Overlay) with required 4 ft. tall kneewall

While a site re-design is preferred, the compactness of the site leads staff to support the requested design variances relative to maximum setbacks, to retain the existing restaurant building in the center of the property.

Design Variances D, E & F and Variance I - The second batch of design variances and one regular variance comes from the City’s desire for commercial development sites to be more pedestrian, not vehicle, oriented, by locating drive aisles and parking spaces behind the building, especially on corner lots. With the restaurant building remaining in the middle of the lot, drive aisles and parking areas will remain located on the edges, contrary to LDC Sections 62.622 and 62.626. LDC Section 62.499, under the Orange-Michigan Special Plan Overlay, also limits how many curb-cuts a corner lot can have. Lastly, LDC Section 58, Part 1B, Footnote 6, also prohibits drive aisles from being located in front of the building; the applicant intends to retain a drive aisle in front of the building, between the outdoor eating area and the 13-ft. streetscape area.

The slightly enlarged 2,000 sq. ft. restaurant will continue to have the drive-through ordering area on the back (rear) of the building, with the pick-up window on the south side. Parking spaces will continue to be located on the (north)

Table 2 Development Standards (AC-2/T/SP)

Principal Structure Setbacks

Front (E) (S. Orange)

Street Side (W. Jersey)

Side (south)

Rear (west)

ISR

Required - Min. / Max.

0 or 3 ft. (min) 30 ft. (max)

10 ft. (no max)

90%

Existing / Proposed

65.4 ft./ same*

55.4 ft./ same*

55.6 ft./ same*

26.6 ft./ same

83.2%

* Requested variances (due to existing/retained conditions)

0 ft. (min.) /5 ft. (max.) 70% at 5 ft. (max)

Table 3 Parking Requirements (LDC Sect. 61.322 Figure 27)

Minimum Allowance

Maximum Allowance

Min/Max Spaces

Proposed Spaces

5 sp/1,000 sq. ft. GFA*

20 sp/1,000 sq. ft. GFA 10 / 40 18

*GFA (Gross Floor Area)

Fast Food Restaurant (2,000 sq. ft.)

street and south sides of the lot. With the restaurant building set back 65.4 ft., some of the parking extends into the front yard, contrary to LDC Section 62.622. Several parking spaces that are currently in front of the restaurant will be converted to an outdoor eating area, with a continued drive aisle located between the outdoor eating area and the front streetscape area. The site has an existing curbcut on W. Jersey St., two (2) curbcuts onto S. Orange Ave. and a cross-access easement is being provided on the south lot line for future access to the adjacent bank property (whenever that site re-develops). The applicant is retaining the existing wider south curb cut onto S. Orange Ave., chiefly for delivery truck ingress/egress (turning radii).

Again, owing to the compactness of the site and provision of many other site requirements, staff supports the re-quested design variances relative to parking & drive aisle location and allowance for the additional curb cut on S. Orange Ave., with the proviso that the southerly curb cut be reduced to a maximum 24 ft. width.

Variances G & H - The last two (2) regular variances are for reduced landscaped buffers along the south and rear of the restaurant site. Section 61.312(a)(7) of the Code requires that landscape areas adjacent to rights-of-way and property lines be no less than 7.5 ft. in width. The applicant will have Code-compliant buffers in front (along S. Orange Ave.) and on the street side (along W. Jersey St.), but will be deficient by 1.4 ft. on the south side and deficient by 6.6 ft. in the rear. Retention of the restaurant building in a central configuration, with provision for a drive-through lane and required bypass lane, does not allow for a wider/deeper buffer on the rear portion of the site. The turning radius for the delivery truck may also not allow for a Code-compliant 7.5 wide/deep buffer along the entirety of the south side of the restaurant site. Given the site constraints and adjacent less or similarly intensive uses to the west and south, staff supports the two (2) variances to reduce the buffer depths on the south side and rear lot lines, per the conditions in this staff report.

S I T E PH O TO

Table 4 Buffer Requirements (LDC Sect. 60.622 Figures 8 & 9)

Front (E) (S. Orange Ave.)

Street Side (N) (W. Jersey St.)

Side (S) Rear (W)

11.3 ft. 8.0 ft. 6.1 ft.* 0.9 ft.*

* Variance needed

Fast Food Restaurant w. Drive-through - Proposed

View of the existing restaurant site from the corner of S. Orange Ave. and W. Jersey St.

S I T E PH O TO S

Street-side view, from W. Jersey St. Note potted landscaping next to the building.

South side view, from Wells Fargo Bank. Note potted landscaping in front of the building.

View to the south, adjacent to S. Orange Ave., with existing sign on south edge of lot and lack of front landscaping.

2014 SU RV E Y

2016 AE R I A L PH O TO

Wells Fargo

SUBJECT PROPERTY CentraCare

Existing Pole Sign

W. JERSEY ST.

Five Guys

Asset Services

S. O

RAN

GE

AVE.

TAYL

OR

AVE

.

Shell

Wells Fargo

SI T E PL A N

Design Variances: A. Allow front building setback of 65.4 ft., where a 5 ft. maximum allowed front setback is allowed; B. Allow street side building setback of 55.4 ft., where a 5 ft. maximum allowed street side setback is allowed; C. Allow side building setback of 55.6 ft., where a 30 ft. maximum allowed side setback is allowed; D. Allow parking to be located in front of the restaurant, where parking is limited to the rear or sides; E. Allow parking to be accessed from both S. Orange Ave. and from W. Jersey St., where access to parking is

only allowed from side street (W. Jersey St.) or via cross-access easement; F. Allow more than one curb cut per street for a corner lot; Regular Variances G. Allow 6.5 ft. deep landscaped buffer along the south side lot line, where a minimum 7.5 ft. buffer is required; H. Allow 1+ ft. deep landscaped buffer along the rear lot line, where a minimum 7.5 ft. buffer is required; and I. Allow drive aisle in front of the building, where currently required to be behind the building.

P R O P O S E D EL E VAT I O N S

15

.6 ft

.

STREET-SIDE ELEVATION (FACING W. JERSEY ST.)

FRONT ELEVATION (FACING S. ORANGE AVE.)

15

.6 ft

.

SOUTH SIDE ELEVATION

REAR (WEST) ELEVATION

VARIANCES RELATED TO ARBY’S RENOVATION (AC-2/T/SP) Design Variances: A. Allow front building setback of 65.4 ft., where a maximum allowed front setback of 5 ft. is required (per LDC Sec. 62.620, Traditional City Overlay); B. Allow street side building setback of 55.4 ft., where a maximum allowed street side setback of 5 ft. is required (per

LDC Sec. 62.620, Traditional City Overlay); C. Allow side building setback of 55.6 ft., where a maximum allowed side setback of 30 ft. is required (per LDC Sec.

62.620, Traditional City Overlay); D. Allow parking to be located in front of the restaurant, where parking is limited to the rear or sides (per LDC Sec.

62.622, Traditional City Overlay); E. Allow parking to be accessed from both S. Orange Ave. and from W. Jersey St., where access to parking is only

allowed from side street (W. Jersey St.) or via cross-access easement (per LDC Sec. 62.626, Traditional City Over-lay);

F. Allow more than one curb cut per street for a corner lot (per LDC Sec. 62.499, Orange-Michigan Special Plan Over-lay);

Regular Variances G. Allow 6.5 ft. deep landscaped buffer along the south side lot line, where a minimum 7.5 ft. buffer is required (per LDC Sec. 61.312(a7)); H. Allow 1+ ft. deep landscaped buffer along the rear lot line, where a minimum 7.5 ft. buffer is required (per LDC Sec. 61.312(a7)); I. Allow drive aisle in front of the building, where currently required to be behind the building (per LDC Sec. 58, Part 1B Footnote 6).

Staff Recommendation: Approval of design variances A through F, based on the finding that said variances meet 51% of the nine (9) applicable standards for approval of a design variance, and approval of variances G through I, based on the finding that said variances meet all six (6) applicable standards for approval of a variance, per the following conditions of approval:

1. Development shall be in strict conformance with all conditions and the proposed site development plan found in this report, subject to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor mod-ifications to the plan may be approved by the Zoning Official. Major modifications, as determined by the Zoning Official, shall require additional review by the BZA.

Urban Design & Landscaping 1. S. Orange Ave. - The S. Orange/Michigan Special Plan requires a 6-ft. park strip along the S. Orange Ave. curb with an abutting 7-ft. wide sidewalk. A courtyard is required west of the 7-ft. wide sidewalk. A combined 20 ft. (all three (3) combined features) must be provided between the curb and the street wall (design provided has the courtyard (outdoor eating area) inward of the streetwall and front drive aisle. The courtyard and outdoor eating area need to be two (2) different areas. 2. The Dumpster Enclosure must have opaque, decorative doors; the exterior wall finishes must match or complement the exterior finishes of the principal restaurant building. 3. Architecture

a) The base of the building facade must be of durable materials, such as cast-in-place concrete, concrete masonry units, brick, stone, or tile. Coated foam products and stucco will not be considered durable materials.

b) Height variations must be created in the parapet to provide visual interest in the facades. c) Exterior glazing must be clear glass, or low-e glass with at least 60% light transmittance. 4. Landscaping

a) LDC Section 61.312(a6) requires a landscape area at least 3-ft. wide between the building and vehicular use are-as, except where such landscape would interfere with operations such as loading or drive-through movement. It appears that there are areas to achieve this requirement between the building and adjacent paved areas.

b) Street trees and parking row end trees are required. Permitting 1. Driveways must be reduced to not exceed 24-ft. in width.

FINDINGS AND RECOMMENDATIONS

2. Landscape islands must be expanded to meet Code, where possible. Note to Applicant: The proposed variances only address the Land Development Code standards expressly repre-sented in this staff report and any relief to such standards as approved. The relief granted through the variances is restricted to the subject property as noted in the staff report and is not transferable to other parcels of land.

The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommend-ed action (provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request does not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Development Code, including any addition-al review requirements, and shall receive all necessary permits before initiating development. Please contact the Per-mitting Services Division of the City of Orlando to inquire about your next steps toward receiving a building permit.

Disclaimer - As provided by subsection 166.033(5), Florida Statutes, issuance of a variance by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requi-site approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a vio-lation of state or federal law. In accordance with subsection 166.033(5), Florida Statutes, it is hereby made a condi-tion of this variance that all other applicable state or federal permits be obtained before commencement of the devel-opment.

FINDINGS AND RECOMMENDATIONS (CONTINUED)

LA N D S C A P E PL A N

Reduced rear and south side buffers (Variances G & H)

(WILL MATCH UP TO SITE PLAN)

D E S I G N V A R I A N C E S A , B & C : I N C R E A S E D M A X I M U M S E T B A C K S F O R E X I S T I N G A R B Y ’ S ,

W H E R E R E Q U I R E D T O B E M U C H L E S S

S T A N D A R D S F O R D E S I G N V A R I A N C E A P P R O V A L

Conformance to the Code and the GMP

Logic of Design

Exterior Space Utilization

Attractiveness

Materials Selection

Compatibility with Surrounding Properties

Circulation & Parking, Vehicular & Pedestrian

Accepted Architectural Principles

Protection of Property Values

Revitalization of Depressed Areas

Meets Standard Yes No

The increased building setbacks are not consistent with pedestrian design ele-ments within the Traditional City Overlay.

Meets Standard Yes No The site design is logical, based on the original/existing building/site layout.


The site design offers good use of exterior space.


The site, with redevelopment and additional landscaping, will be much more attractive that the existing site.

Meets Standard Yes No The materials to be used for the façade will blend well with the overall site.

Meets Standard Yes No The site as is currently configured is compatible with the bank to the south, but not compatible with the restaurants to the north.


The existing and redesigned site will not create sight visibility or circulation issues for pedestrian or vehicular traffic on S. Orange Ave. or W. Jersey St.

Meets Standard Yes No The site and building are being renovated and will adhere to accepted archi-tectural styles and elements.

Meets Standard Yes No Continued use of the renovated site, per the conditions of this report, will only increase neighborhood property values.

Meets Standard Yes No Not applicable (property is not located in a depressed area)

D E S I G N V A R I A N C E S D , E & F : P A R K I N G A N D D R I V E A I S L E L O C A T I O N , C U R B C U T S & A C C E S S

I S S U E S F O R E X I S T I N G A R B Y ’ S

S T A N D A R D S F O R D E S I G N V A R I A N C E A P P R O V A L

Conformance to the Code and the GMP

Logic of Design

Exterior Space Utilization

Attractiveness

Materials Selection

Compatibility with Surrounding Properties

Circulation & Parking, Vehicular & Pedestrian

Accepted Engineering (Architectural) Principles

Protection of Property Values

Revitalization of Depressed Areas


The proposed parking space and drive aisle locations are not consistent with pedestrian design elements within the Traditional City Overlay.


With a centrally located building, the parking space and drive aisle locations and overall site access is logically disigned.


With a centrally located building, parking spaces, drive aisles and overall site access provides good exterior space utilization, with site landscaping as well.


The re-design (with variances and site upgrades) will make the overall site much more attractive than currently exists.

Meets Standard Yes No (not an applicable criteria)


The site as currently configured is compatible with the bank use to the south, but is not compatible with the restaurant use to the north.


The proposed parking, drive aisles and overall site access will not create sight visibility or circulation issues for pedestrian or vehicular traffic.

Meets Standard Yes No The parking space, drive aisle and access configuration will continue to ad-here to accepted engineering (not architectural) styles and elements.

Meets Standard Yes No Continued use of the site, with a centrally located building and per the condi-tions of this report, will not adversely affect neighborhood property values.


Not applicable (property is not located in a depressed area)

Special Conditions and Circumstances

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applica-ble to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance.

S T A N D A R D S F O R V A R I A N C E A P P R O V A L

Not Self-Created

The special conditions and circumstances do not result from actions of the applicant. A self-created hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief.

No Special Privilege Conferred

Approval of the Zoning Variance requested shall not confer on the applicant any special privilege that is denied by this Chapter to oth-er lands, buildings, or structures in the same zoning district.

Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to devel-op in violation of the restrictions of this Chapter shall also not constitute grounds for approval.

Minimum Possible Variance

The Zoning Variance requested is the mini-mum variance that will make possible the rea-sonable use of the land, building or structure.

Purpose and Intent

Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.


Approval of the variances would be viewed as being harmonious with the purpose and intent of the Code. Continued use of the property with-in Code requirements will very much promote the appearance and char-acter of the immediate neighborhood. Granting of the variances would not be detrimental to the public welfare.


The variances requested are the minimum possible to allow redevelop-ment/substantial improvement of the site.

Meets Standard Yes No Denial of the variances would require that the applicant/owner revise their site plans to accommodate less parking and tighter drive aisles or a new restaurant building, which would pose additional hardships on the applicant/owner.


Approval of the variances would not confer a special privilege, based on the special conditions and circumstances of the property.


The owner has owned the property since 2004, with the site in much the same shape/condition as when it was initially constructed as a restau-rant in 1975.


The property consists of a single-story fast food restaurant with drive-through in the South Orange neighborhood. The overall site is noncon-forming and the owner is making site improvements that constitute a substantial improvement, including new building facades, landscaping, streetscape elements and cross-access but needs variances on many is-sues including buffer depths to the south and west/rear.

V A R I A N C E S G & H : REDUCED LANDSCAPE BUFFERS ALONG SOUTH

AND REAR LOT LINES

Special Conditions and Circumstances

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applica-ble to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance.

S T A N D A R D S F O R V A R I A N C E A P P R O V A L

Not Self-Created

The special conditions and circumstances do not result from actions of the applicant. A self-created hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief.

No Special Privilege Conferred

Approval of the Zoning Variance requested shall not confer on the applicant any special privilege that is denied by this Chapter to oth-er lands, buildings, or structures in the same zoning district.

Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to devel-op in violation of the restrictions of this Chapter shall also not constitute grounds for approval.

Minimum Possible Variance

The Zoning Variance requested is the mini-mum variance that will make possible the rea-sonable use of the land, building or structure.

Purpose and Intent

Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.


Approval of the variance would be viewed as being harmonious with the purpose and intent of the Code. Continued use of the property with-in Code requirements will promote the appearance and character of the immediate neighborhood. Granting the variance would not be detri-mental to the public welfare.


The variance requested is the minimum possible variance to allow the continued use of a front drive aisle on the restaurant site.

Meets Standard Yes No Denial of the variance would confuse potential customers, in that they would have to exit the site rather than circling the building to get back to the north side or to W. Jersey St., which could pose an additional hardship on the applicant/owner and restaurant patrons.


Approval of the variance would not confer a special privilege, based on the special conditions and circumstances of the property.


The owner has owned the property since 2004, with the site in much the same shape/condition as when a restaurant was initially constructed on the site in 1975.


The property consists of a single-story fast food restaurant with drive-through in the South Orange neighborhood. The overall site is noncon-forming and the owner is making site improvements that constitute a substantial improvement, including new building facades, landscaping, streetscape elements and cross-access but needs variances on many is-sues including retention of a drive aisle in front of the restaurant, for better on-site circulation (for drive-through users).

V A R I A N C E I : ALLOW DRIVE AISLE IN FRONT OF THE RESTAURANT,

WHERE REQUIRED TO BE BEHIND THE BUILDING

A P P L I C A N T R E S P O N S E S TO D E S I G N & R E G U L A R VAR I A N C E S P 1

A P P L I C A N T R E S P O N S E S TO D E S I G N & R E G U L A R VAR I A N C E S P 2

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