Bill 13-16 Rezoning 424, 426, 430 Cushing St. and 726, 736 Lincolnway West

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vacant. Accordingly, Applicant respectfully submits that the proposed development of the Property will likely enhance the value of surrounding property. 5. The proposed development is consistent with responsible development and growth The proposed rezoning and subsequent development of the Property will enable Family Dollar to provide nearby residents with convenient access to a wide variety of goods. Family Dollar aspires to be the best small - format convenience and value retailer which serves the needs of families in the neighborhoods in which it is located. As set forth above, the proposed development is consistent with the Comprehensive Plan. Applicant therefore respectfully submits that the proposed development of the Property and the rezoning requested herein is consistent with responsible development and growth. Applicant's Variance Application In connection with the Project, Applicant respectfully requests the following variances from the provisions of Section 21 -03.02 of the Zoning Code: A. Section 21- 03.02(b)(2)(A)(i): The Zoning Code provides: "For sites containing one building — in elevation view from the street frontage, at least fifty percent (50 %) of the length of the fagade of the building facing a street shall be located at or between the minimum setback and the maximum setback." With respect to front yards and building setbacks, the Zoning Code provides a minimum of five (5) feet and a maximum of twenty (20) feet. As shown on the Site Plan, the side of the building facing Cushing Street complies with the foregoing requirement. However, the portion of the building facing Lincoln Way West contains eighty six (86) feet of linear frontage (including (i) approximately twenty (20) feet as respects the corner element that is approximately parallel to Lincoln Way West and, and (ii) approximately sixty six (66) feet as respects the balance of the front of said building), of which approximately thirty four (34) feet (or approximately thirty nine and one half percent (39.5 %)) is between such minimum and maximum setbacks. Therefore, Applicant seeks a variance from the Zoning Code to allow less than fifty (50 %) of the building fagade facing Lincoln Way West to be within the minimum and maximum setbacks. B. Section 21- 03.02(b)(2)(A)(iii): The Zoning Code provides: "parking areas and interior access drives shall not be located in the front of the maximum setback. As shown on the Site Plan, approximately five (5) feet of the parking area near Lincoln Way West is in front of the maximum setback. Therefore, Applicant seeks a variance allowing such portion of the parking area to be within such maximum setback. C. Section 21- 03.02(b)(5)(A): The Zoning Code provides that single retail uses shall not exceed eight thousand (8,000) square feet of gross floor area. The Site Plan indicates a building containing approximately eight thousand two hundred twenty five (8,225) square feet of gross floor area. Therefore, Applicant seeks a variance allowing the building to be constructed on the Property to contain in excess of eight thousand (8,000) square feet.