Summary/Highlights:
*THIS IS A QUASI-JUDICIAL HEARING AND WILL FOLLOW QUASI-JUDICIAL PROCEDURES*
This is a request for a variance from Section 34-117(e)(5) in the Land Development Code to increase the maximum allowable impervious coverage from 60% to 71% within the B-1 zoning district.
In accordance with the City's notification procedures 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.
Background:
*PLEASE DISCLOSE ANY EX PARTE COMMUNICATIONS*
The applicant, Domenech Corner LLC, is requesting a variance from Section 34-117(e)(5) in the LDC to increase the maximum allowable impervious coverage from 60% to 71%. The applicant submitted a minimal site plan for review to add a cold storage building addition to the existing building on the subject property as well as putting patio pavers for an outdoor seating area. The improvements would allow the applicant to expand their business operating hours to include a dinner schedule rather than just breakfast and lunch. Upon review of the plans, it was noted that the property is currently 6% over the maximum allowed impervious and would increase an additional 5% with the proposed improvements. Besides the impervious coverage, all other regulations are being met on the proposed site plan. The applicant was told the plans would not be approved unless a variance was granted by the PZA 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 parcel is a result of lots being combined into a single lot of record per the Town of Bunnell plat. According to historical records found on the Property Appraiser's website, the site was developed in 1978 with additions in 1990 to a total of 66% impervious coverage existing as of recently. The B-1 zoning district was adopted in the Land Development Code in 1991, well after the current site conditions have been established. Therefore, it is determined that there are current physical 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, if granted, would not allow a use that is otherwise excluded from 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: The strict application of the impervious coverage would prohibit the applicant from expanding their operating hours, thus limiting their reasonable use of the land.
(4) Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of land.
Findings: The requested variance to increase the allowable impervious coverage to 71% is the minimum adjustment necessary for the reasonable use of the land as 71% is the grand total of all existing and proposed improvements for the subject property.
(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 is determined to be in harmony with the general purpose and intent of Chapter 34 and will not be injurious or adversely affect the neighborhood or be detrimental to the public welfare.
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:
- That the granting of the variance will not be contrary to the public interest;
- That the literal enforcement of this chapter will result in unnecessary hardship;
- That by granting the variance the spirit of this chapter will be observed; and
- 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.
Staff Recommendation:
Based on the findings for the standards for a variance, staff recommends the PZA Board approve the request for variance from Section 34-117(e)(5) to increase the maximum allowable impervious coverage to 71% from 60% for the subject property located at 508 N. State Street.
City Attorney Review:
Approved for agenda