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Variance Application NEC of 83rd Avenue and Glendale Road VAR 21-01 Prepared by: Withey Morris, PLC 2525 East Arizona Biltmore Circle Suite A-212 Phoenix, AZ 85016 Submittal: September 2021 VAR21-01 83rd Glendale Convenience 09/01/2021 1 Variance Narrative Case Number: VAR 21-01 Glendale Board of Adjustment I. INTRODUCTION On behalf of DeRito Partners, we submit this request for the development of a new gas station and convenience store located at the northeast corner of 83rd Avenue and Glendale Avenue (the “Property”), as shown on the Vicinity and Aerial Maps attached as Exhibit 1 and 2. This application requests the following: 1. Variance to reduce the side yard building setback from 60-feet required to 15- feet (east side). Section 5.575, Table 3 2. Variance to reduce the rear setback from 60-feet required to 47-feet (north side). Section 5.575, Table 3 II. Background History The site has historically operated as a gas station since its original construction in the early 1980’s according to county historical photos. Overtime, the building has been abandoned and the site is fenced off. It has become blighted and a major nuisance with graffiti and vandalism as the pictures show at Tab 3. Existing Building 2 Existing Building The gas station predates the single-family residential that was constructed to the north in the mid 1990’s. In addition, two billboards were constructed on the Property around the mid 1980’s and they will remain on site as-is. DeRito Partners proposes to redevelop the site with a new gas station. The proposed development will reinvigorate a blighted vacant lot and resume a use that has been on this site for years. III. Development Proposal The development proposes a new gas station and convenience store building (approx. 4,151 sf) located towards the middle of the site in a similar location as the existing structure on the site. In addition, the gas station canopy/fuel pumps are located south of the building toward Glendale Avenue. Access to the site is off 83rd Avenue and Glendale Avenue. However, due to the older engineering and design standards, the current driveway locations will be shifted to meet current code standards. See site plan at Exhibit 4 and elevations at Exhibit 5. IV. VARIANCE REQUEST This property suffers from some unusual site circumstances that affect its redevelopment potential. Specifically, the odd shape of the parcel, and the billboard locations severely impact the site’s ability to redevelop. In addition, the newer engineering standards necessitate relocation the access drives which affects the internal site circulation and refuse locations. The cumulative result is a building footprint area that is limited and constrained. The site can accommodate the west and south setback requirements but needs some relief for the north and east building setbacks. 3 To design around the conflicts and engineering requirements, the new development can provide a 47-foot building setback on the north and a 15-foot setback on the east side of the property, where normally 60 feet is required. While the zoning to the east of the site is residential, there are no actual homes directly adjacent to the east. Instead, the subdivision’s retention/open space is located adjacent to the proposed building. Thus, the requested setback reduction to the east has no impact on any adjacent residential homes whatsoever. The minimal setback reduction to the north will not impact the residential homes located there, as there will be new landscaping proposed along the perimeter of the site, which doesn’t presently exist today. Furthermore, the existing billboard only has a 10-foot setback from the homes to the north, so the 10-foot setback is a legal non-conforming condition that is already existing and allowed to remain. V. Variance Test A. Special Circumstances – “There are special circumstances or conditions applicable to the property including its size, shape, topography, location, or surroundings which were not self-imposed by the owner” This property suffers from some unusual site circumstances that affect its redevelopment potential. Specifically, the odd shape of the parcel, and the billboard locations severely impact the site’s ability to redevelop. In addition, the newer engineering standards necessitate relocation the access drives which affects the internal site circulation and refuse locations. The cumulative result is a building footprint area that is limited and constrained. Therefore, the site needs some relief on the north and east building setbacks. The special circumstances are not self-imposed and were not created by the Applicant. They are unique to this site and inherent in its unusual parcel shape. B. Deprive Property Owner of Privileges Enjoyed by Others – “Due to the special circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the same classification in same zoning district.” The strict application of the variance would deprive the Property from a new development opportunity and cause the continued decline of blight and trashed condition of the Property. It would cause this site to lose out on privileges enjoyed by other properties in the same commercial zoning designation. Recognizing the parcels unique size and odd shape, the setback reduction on the east and north side is the proper way to restore equity and allow this site to develop in a way that benefits the surrounding area and solves the problem with blight, graffiti, and vandalism. 4 C. Minimum Necessary to Alleviate the Hardship – “The variance is the minimum necessary to alleviate the property hardship” The development is requesting a variance to the east side where the retention basin which is the minimum necessary to alleviate the property hardship. In addition, to accommodate the development, we need minimal relief on the north side to resolve the site conflicts, driveway, and refuse requirements. The requests are the minimum necessary in to alleviate the property hardships. D. No Detrimental Impact – “Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the City in general.” The setback reductions will have no detrimental impact on the adjacent property or properties in the area. While the zoning to the east of the site is residential, there are no actual homes directly adjacent to the east. Instead, the subdivision’s retention/open space is located adjacent to the proposed building. Thus, the requested setback reduction to the east has no impact on any adjacent residential homes whatsoever. The existing 10-foot billboard setback is also a legal non-conforming condition that is permitted, and which already affords the relief granted on the northside. The minimal setback reduction to the north will not impact the residential homes because there is a wall, an existing 10-foot billboard setback, and proposed landscaping along that perimeter to provide an additional buffer. The approval of the variance will have a positive impact on the area. It removes blight, graffiti, and vandalism. The new development is a substantial improvement for the area and replaces the old use with a newer, similar use. IV. Summary Variance relief is appropriate for this Property and merits approval. The Property suffers from special circumstances, beyond the applicant’s control, which affect the Property’s use. The special circumstances are unique to this application and are not caused by the applicant. Granting of the variance is necessary for the preservation and enjoyment of property rights and allows the applicant to continue to enjoy its investment and improvements in the area while expanding within the same shopping center. The use will not be a detriment to the area. The new development brings life to a blighted lot and resumes the same convenience store use that previously operated at this location for years. By granting this request, the intent and purpose of the ordinance is preserved, and the relief requested does not substantially impair the purpose of the setback ordinance. We respectfully request your approval of this application. TAB 1 Vicinity Map N TAB 2 Aerial Map N TAB 3 Site Photos Site Photos Site Photos Site Photos TAB 4 TAB 5 FFE 0' - 0" T.O. LOW PARAPET 22' - 8" T.O. HIGH PARAPET 23' - 4 1/4" 1 2 2 FC-1 FC-2 FC-2 MT-1 MT-1 MT-1 4 MT-1 4 MT-1 4 MT-1 8' - 0" 5' - 11 1/16" 12 FFE 0' - 0" B.O. LOW CANOPY 8' - 6" B.O. HIGH CANOPY 10' - 0" T.O. LOW PARAPET 22' - 8" T.O. HIGH PARAPET 23' - 4 1/4" 1 2 FC-2 MT-1 MT-1 MT-1 FC-1 FC-1 MT-3 FC-3 2 FC-2 2 FC-2 MT-1 1 FC-1 S1 MT-4 1 FC-1 3 FC-3 4 MT-1 4 MT-1 4 MT-1 5 MT-2 6 MT-3 7 MT-5 7 MT-4 8 S1 11 11 11 5' - 0" 3' - 8 7/16" 2 FC-2 12 8 S1 2 FC-2 FFE 0' - 0" B.O. LOW CANOPY 8' - 6" T.O. LOW PARAPET 22' - 8" T.O. HIGH PARAPET 23' - 4 1/4" 1 2 2 2 2 MT-1 FC-1 FC-2 FC-2 1 FC-1 FC-2 FC-2 FC-2 2 FC-2 4 MT-1 4 MT-2 4 MT-1 4 MT-1 5 MT-2 5 MT-2 8 S-1 9 P-1 5' - 0" 3' - 8 7/16" 12 FFE 0' - 0" B.O. LOW CANOPY 8' - 6" B.O. HIGH CANOPY 10' - 0" T.O. HIGH PARAPET 23' - 4 1/4" MT-1 MT-1 S1 S1 MT-4 MT-3 S1 1 FC-1 2 FC-2 1 FC-1 2 FC-2 4 MT-1 4 MT-1 5 MT-2 6 MT-3 7 MT-4 8 S1 8 S1 10 11 11 11 8' - 0" 5' - 11 1/16" 12 1/8" = 1'-0" 4 EAST 1/8" = 1'-0" 2 WEST PROJECT NO: DRAWN BY: PROJECT MANAGER: CHECKED BY: THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF ARCHICON DESIGNERS AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT WAS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH. SHEET DESCRIPTION SHEET NO. B A C D E B A C D E 2 1 3 4 5 6 2 1 3 4 5 6 07/13/2021 Architecture & Interiors, L.C. ARCHICON 5055 E. WASHINGTON STREET SUITE 200 PHOENIX, ARIZONA 85034 (602) 222-4266 FAX (602) 279-4305 www.ARCHICON.COM SR20-0221 CUP 21-03 VAR21-01 CITY APPROVAL 7/13/2021 8:42:33 AM \\192.168.135.254\AAI Projects\2022515-05 - DeRito Development - 83rd Ave & Glendale (NEC)\Revit\Central File\2022515-05 - Derito Development 83rd Ave & Glendale.rvt DR301 COLOR ELEVATIONS DR316 CORNER PAD DEVELOPMENT Author Checker 8250 W GLENDALE AVE GLENDALE, ARIZONA 1/8" = 1'-0" 3 NORTH 1/8" = 1'-0" 1 SOUTH KEYED NOTES1 1 CEDAR COLORED FIBER CEMENT PANELS 2 GREY COLORED FIBER CEMENT PANELS 3 MEDIUM BRONZE COLORED FIBER CEMENT SOFFIT CEILING 4 PRE-FINISHED MTL COPING AND COMPRESSION EDGE. PAINTED MEDIUM BRONZE 5 PRE-FINISHED ALUMINUM CANOPY. PAINTED BLACK 6 PRE-FINISHED ALUMINUM CANOPY. PAINTED ORANGE 7 BRAKE MTL. PAINTED DARK BRONZE 8 ENDURING BRONZE COLORED ALUMINUM STOREFRONT AND SUPPORT COLUMNS 9 EXTERIOR DOOR. PAINTED ENDURING BRONZE 10 NON-ILLUMINATED WELCOME SIGN - SEE SIGN RESOURCE DOCUMENT 11 NON-ILLUMINATED THREE STRIPE BAND - SEE SIGNAGE RESOURCE DOCUMENT 12 EXTERIOR BUILDING SIGNAGE - SEE SIGN RESOURCE DOCUMENT FC-1 FC-2 FC-3 MT-3 MT-4 S-1 P-1 MT-1 MT-2 NO. REVISION DATE