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TO: Mayor Richard C. Irvin
FROM: Zoning Board of Appeals
DATE: February 23, 2018
SUBJECT:
An Ordinance Granting a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan for property located at 1775 N. Farnsworth Avenue being east of Farnsworth Avenue and south of Molitor Road to allow for a 17 foot reduction of the front yard setback from 30 feet to 13 feet. (Agree Realty Corporation/Burger King - 18-0013 / AU12/1-17.047-Fsd/V - JM - Ward 1)
PURPOSE:
The Petitioner Agree Realty Corporation on behalf of Burger King is requesting approval of a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan for the property at 1775 N. Farnsworth Avenue being east of Farnsworth Avenue and south of Molitor Road which includes the development of a drive-through restaurant (2530) use.
BACKGROUND:
The Subject Property is currently Vacant Land with B-2 General Retail zoning. There is an existing Flood Plain along the eastern quarter of the property. The property borders residential homes to the east. In 2006, the site was granted a 10 foot front yard parking setback variance in connection with a proposed 9,450 square foot strip retail building. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan to allow for a 17 foot reduction of the building front yard setback from 30 feet to 13 feet. The previous approved 10 foot parking variance is still applicable. The details of the request include the development of a 2,140 square foot drive-through restaurant with 40 seats. The development will have two ingress/egress onto Farnsworth Avenue with the southern one being an entrance and exit and the northern one being exit only. The project has two order lanes along with a bypass lane to circulate around the site. There is a parking lot with 11 spaces adjac...
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