THIS IS A QUASI-JUDICIAL HEARING AND WILL FOLLOW QUASI-JUDICIAL PROCEDURES. 

 This is a request for a variance from Section 34-202 in the Land Development Code to allow asphalt millings as a surface material for vehicle use areas within the B-1 zoning district.

In accordance with the City's notification requirements Section 2-87, notices detailing the date, time, and location of the meeting were mailed to property owners of property, in the City limits, within 300 feet of the subject property, on May 19, 2025. Advertisement of this item was published in the Observer Local News on May 22, 2025.

PLEASE DISCLOSE ANY EX PARTE COMMUNICATIONS

The applicant, Adrian Marrero, is requesting a variance from Section 34-202 in the Land Development Code to allow asphalt millings as an allowable surface material for vehicle use areas on the property. The applicant is currently under review for major site plan approval for an office and outdoor storage of paver material. The variance application is made in part due to comments issued by the Technical Review Committee on their site plan submittal, which were issued on February 26, 2025. The comment in particular stated "...gravel and/or asphalt millings is currently not an allowable alternative surface for parking areas. Alternative surfaces have to be a stabilized pervious surface. Any deviation from this requires approval from the Planning, Zoning and Appeals Board." 

When a variance to the Land Development Code is submitted, it must meet criteria for a variance. Therefore, in applying the criteria for consideration for granting a variance, the following are staff's findings pursuant to Section 34-54:

(1) Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography, or siting) fully described in the findings of the board, do not apply generally in the district.

Findings: The variance criteria stated is specific to abnormal land features that would otherwise prohibit the general use of the property. The Property Appraiser currently classifies the land as vacant commercial. Based on available data, there are no recorded wetlands or soils that would not support development. Therefore, there are no special circumstances or conditions pertinent to the subject property.

(2) Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.

Findings: The variance would not grant a use that is otherwise not permittable within the B-1 zoning district.

(3) For reasons fully set forth in the finding of the board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of reasonable use of his land.

Findings: Section 34-202 in the Land Development Code requires parking and vehicle use areas to be that of a sealed surface material such as asphalt or concrete, unless the parking areas meets the criteria for an alternative surface. The request is for all parking and vehicle use areas to be asphalt millings. The strict enforcement of this regulation would not deprive the applicant of reasonable use of their land as they have requested in their major site plan submittal as there are no current special physical circumstances or conditions on the property.

(4) Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of land.

Findings: Allowing asphalt millings would not be considered the minimum adjustment necessary as there are other allowable alternative, stable pervious surfaces outlined in the LDC.

(5) The granting of any variance is in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development.

Findings: The granting of the variance would not be considered to be in harmony with the general purpose and intent of Chapter 34 in the LDC as the specific provision in question is to promote safe, orderly, and sustainable development practices. Sealed surfaces provide a durable, stable, and cleanable foundation for vehicular traffic, which enhances public safety by reducing dust, erosion, and sediment runoff that can obstruct rights-of-way or degrade stormwater systems.

Pursuant to Section 34-55, before the planning, zoning and appeals board shall have the authority to grant a variance, the person claiming the variance has the burden of showing:

1. That the granting of the variance will not be contrary to the public interest;
2. That the literal enforcement of this chapter will result in unnecessary hardship;
3. That by granting the variance the spirit of this chapter will be observed; and
4. That by granting the variance, substantial justice will be done.

The applicant has not submitted any documentation in response to the requirements listed above but may provide testimony during the public hearing.