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Home My WebLink AboutA10 ITEM# DATE: 11/12/14 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT CASE FILE NO.: ZBA-14-26 DATE PREPARED: November 5, 2014 APPLICATION FOR VARIANCE: To eliminate the parking area setback and landscaping on the lot line abutting East 13th Street for a new convenience store APPLICANT: Kum & Go LC LOCATION: 2801 E. 13th Street (See Attachment A Location Map) ZONING: Highway Oriented Commercial (HOC) BACKGROUND: A convenience store and fast food restaurant have occupied the 5,600 square-foot commercial building at 2801 E. 13th Street from 1996 until recently, when the fast food restaurant relocated to another site. Kum & Go desires to raze the current site and build a new store at 2801 E. 13th Street, a project that will expand the Kum & Go business from 2,808 square feet to 4,991 square feet and increase the number of vehicle fueling spaces from eight to twelve. Redevelopment of the site requires conformance to the current zoning standards of the Highway Commercial Zoning District. The current minimum front setback distance from the parking area to the property line along E. 13th Street is five feet, within which landscaping is required. The current parking lot has no setback from the property line along E. 13th Street and there is no perimeter landscaping along this property line. Kum & Go seeks a variance in order to remove this parking area and to replace it with a new parking area in the same location at the property line with no perimeter landscaping. Granting the variance would accommodate the proposed new store and parking area and provide a minimum of 25 feet for vehicle maneuvering south of the fuel pump canopy. APPLICABLE LAWS: Ames Municipal Code Table 29.403(4) requires five feet as the minimum setback between a parking area and a property line abutting a street. It also requires an L2 low landscape screen, consisting of small shrubs and trees, within this setback. 1 Although the current parking area does not meet this standard, total replacement of the parking area requires it to meet all current zoning standards. The parking area standards apply to the vehicle spaces next to the fuel pumps and the drive aisle accessing them. VARIANCE CRITERIA: Ames Municipal Code, Section 29.1504(4) states that "a variance shall be granted only if all of the following standards are satisfied:" (a) The granting of the variance shall not be contrary to the public interest. (b) That without granting of the variance, and due to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. Unnecessary hardship exists when: (i) The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone. (ii) The plight of the owners is due to unique circumstances and not to the general conditions in the neighborhood. (iii) The use to be authorized by the variance will not alter the essential character of the locality. (c) The spirit of the ordinance shall be observed even when the variance is granted. (d) Substantial justice shall be done as a result of granting the variance. BASIS OF PETITION: The applicant has submitted responses to the variance criteria. See the "Variance--Supporting Information" in the attached "Variance--Application Form" prepared by the applicant. See also the site plan and architectural elevations submitted by the applicant. All of these exhibits are accompanying the separate application for a variance to the required building setback and are not duplicated with this report. FINDINGS OF FACTS & CONCLUSIONS: Staff makes the following findings of facts and conclusions for each of the six criteria: (a) The granting of the variance shall not be contrary to the public interest. FINDING: The basic purposes of parking area setbacks required to contain landscaping are to reduce the effects of wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide and return oxygen to the atmosphere, to prevent soil erosion; to conserve and stabilize property values and to otherwise facilitate the creation of a convenient, 2 attractive and harmonious community; to relieve the blight of the appearance of surface parking lots; and to generally preserve a healthful and pleasant environment. For this variance standard the applicant states that placing the parking area on the south property line will provide space for a safer means of maneuvering both vehicular and pedestrian traffic within the site and in and out of the development. This issue is addressed below under standard (c) on the spirit of the ordinance. CONCLUSION: The purpose of the parking area setback is to provide space for landscaping, for which a public interest has been established. A variance eliminating the landscaping would be contrary to the public interest. Therefore the Board can conclude that this criterion is not met. (b) That without granting of the variance, and due to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. Unnecessary hardship exists when: (i) The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone. FINDINGS: Maintaining the maximum possible north-south dimension of the parking area is integral to the project to replace the current building with a new convenience store. The applicant states that it cannot efficiently remodel the existing building into a new convenience store. The applicant also states that the existing store is aging and its demolition allows the development of a new, more productive store. The proposed project increases the four fuel pumps to six and the east-west dimension of the site accommodates this increase. More fuel pumps typically increases sales within the store. The applicant states that the new development will better serve the new growth in the 13t" Street corridor, accommodate an updated business model and justify reinvestment in the site. CONCLUSION: This convenience store has been operating at this location for 18 years and it can be concluded that the property has been providing a reasonable return with the range of commercial uses permitted in the zone and within a development pattern that meets HOC development standards. Loss of lease revenue from the fast food restaurant needs to be replaced for the reasonable return to continue. It is clear that the applicant has concluded that sufficient revenue will result from expanding the convenience store. However, no evidence has been provided that expanding into the existing store and avoiding the capital cost of building new will not provide a reasonable return. No evidence has been provided that building a new building and parking area that fits the site and setbacks will not provide a reasonable return, nor will selling the property and relocating the business. Therefore the Board can conclude that this criterion is not met. 3 (ii) The plight of the owners is due to unique circumstances and not to the general conditions in the neighborhood. FINDINGS: The subject lot complies with HOC lot requirements and is approximately 1 acre in size with a dimension of approximate 159 to 169 feet of depth. The adjacent lot to the west has a similar depth to the subject property and the two lots to the east have a smaller depth. (See Attachment A Location Map. New development has been completed on two of these lots, with smaller buildings and without the maneuvering requirements of a gas station and convenience store. CONCLUSION: The depth of the subject property is not unique in this vicinity, not is the overall size unique for a commercial property. Although the depth of the lot is a circumstance that contributes to the problem, the depth of the building and the type of use on the site also contribute to it which is a circumstance related to the particular applicant. Therefore the Board can conclude that this criterion is not met. (iii) The use to be authorized by the variance will not alter the essential character of the locality. FINDING: The subject property is within a commercial corridor with another convenience store, three fast food restaurants and two hotels. Replacing the parking area with a new parking area in the same location will not alter the appearance of the area from the current condition. CONCLUSION: Granting the variance will not change substantially the appearance of the property from existing conditions. Therefore the Board can conclude that this criterion is met. (c) The spirit of the Ordinance shall be observed even when the variance is granted. FINDING: Among the purposes of establishing dimensional standards for sites is to provide adequate space for maneuvering vehicles, to promote safety and access and to provide convenience. (Sections 29.102(1), 29.406(9)(c)(ii) and 29.406(10). The applicant states that the subject parcel has limited depth and width and that eliminating the required five foot parking area setback will allow the space for more safely maneuvering vehicles into the site, within the site and out of the site. Vehicles include fuel transport trucks with a 50-ft wheel base. An illustration of the turning movements of a fuel truck on this site is attached. Design of vehicle circulation assumes vehicles parking at the fuel pumps that 4 extend at least to the faces of the canopy. The dimension from the south face of the existing canopy to the south curb on the property boundary is now at minimum 17.5 feet. The proposed site plan provides 25.3 feet. The required parking area setback will reduce this distance to 20.3 feet. (See attached site plan) The applicant also states that the existing store is aging and its demolition allows the development of a new store that will better serve the new growth in the 13th Street corridor, accommodate an updated business model and justify reinvestment in the site. This issue is addressed above under standard (b)(i) on unnecessary hardship. CONCLUSION: Altogether there are number of changes in dimensions across the site from existing conditions. The required parking area setback will reduce the maneuvering space south of the canopy. However, no information has been provided that other alternatives to the variance have been considered, such as reducing the building depth or a different site arrangement. With the spirit of ordinance to be understood as providing landscaping to mitigate the impacts of commercial development consistent with the public interest, staff does not find evidence supporting the variance. Therefore, the Board can conclude that this standard is not met. (d) Substantial justice shall be done as a result of granting the variance. FINDING: This property has been developed and operated successfully for many years. Other similar properties in the vicinity have been redeveloped recently for productive purposes. CONCLUSION: Although the required setback does pose a serious challenge to redevelopment of the property with a new convenience store as configured, it does not create the injustice of depriving the owner of the productive use of the property. Therefore the Board can conclude that this criterion is not met. ALTERNATIVES: 1. The Zoning Board of Adjustment may deny this request for a variance to eliminate the parking area setback and landscaping on the lot line abutting East 13th Street at new convenience store at 2801 E. 13th Street, based upon the above findings and conclusions. 2. The Zoning Board of Adjustment may make findings that support the criteria and approve this request for a variance to eliminate the parking area setback on the lot line abutting East 13th Street for a new convenience store at 2801 E. 13th Street. 3. The Zoning Board of Adjustment may table this variance and seek further information from the applicant or from staff. 5 DEPARTMENT RECOMMENDATION: Kum & Go seeks to redevelop its site at 2801 E. 13th Street in order to provide the mix of products and services that is customers expect at all Kum & Go stores. Making this investment in new facilities will provide consistency to its customers, which is one of the factors in the success of this growing business. Success with a new store at this location will help ensure that this service continues to be available at this interchange in the future. Not all site conditions are the same nor do they accommodate all development. The purpose of variances is to respond to special site conditions that severely restrict the productive use of a property. To achieve this purpose the zoning ordinance provides somewhat strict standards for the granting of variances. The circumstances in this case meet only one of these standards; staff concludes that five of the standards are not met.. • Granting of this variance would be contrary to the public interest • The setback requirement does not deprive the property owner of a reasonable return • The circumstances are not unique • A variance would not maintain the spirit of the ordinance • Granting a variance would not prevent an injustice Therefore, it is the Department's recommendation that the Board should act in accordance with Alternative #1, which is to deny this request for a variance. 6 Attachment A Location Map - 2801 East 13th Street U®R ; ins m - 4 f of t Subject M Property ry,, /1k , a �T r u_ sre - r "" �•r�� --" r. �^ k� r tr4 - zit 61%, E•13TH ST IN E. x �z �. �� « = r "Ic M F.. 4 7