Zoning board grants variance allowing gas pumps 16 feet from front lot line at 2114 11 Mile Road

The Berkeley Zoning Board of Appeals on Monday, Oct. 13, 2025, approved a dimensional variance requested by FNL Berkeley LLC to allow existing pump islands at 2114 11 Mile Road to remain 16 feet from the front lot line instead of the 30-foot front setback required by the city zoning code.

The board approved the variance by roll-call vote after a staff presentation and testimony from the applicant. Member Wilner made the motion to approve; Member Krug recorded support during the vote. The motion passed with all members voting in favor (Branch, Creel, Krug, Benedict, Cyr, Wilner and Chair McAlpine).

Planning staff told the board the applicant seeks a dimensional variance of 14 feet under the Berkeley City Code (Chapter 138, Article 8, Section 8.05.C.1) because the pump islands are sited 16 feet from the front lot line while the current standard requires a 30-foot front setback for pump islands. Planning staff noted the pumps appear to have been in place since at least 1963 and that the property’s zoning changed on April 16, 2025, to a flex district that allows a gas station with special land use approval.

Fadi Khaji, the applicant, told the board he purchased the property about three years ago, invested more than $250,000 in underground work and received state approval for those improvements but has been unable to open because of the zoning change. “We purchased this gas station about 3 years ago, and we were not aware of the condition of the zoning that had been changed. ... We spent over a quarter million dollar underground, and we got an approval from the state,” Khaji said.

Planning staff advised the board that the Planning Commission recommended approval of the special land use and recommended the variance to the ZBA; city council approved the special land use on Sept. 8, 2025, contingent on the ZBA granting the variance for pump location. A staff member (Miss Anderson) told commissioners the planning materials and the Planning Commission review had not raised safety concerns about the existing pump locations.

Board discussion centered on whether the existing siting predated current standards and whether moving the pumps was feasible. Member Wilner said the pumps had been in place for decades without reported safety issues and that the change in zoning made the use permitted with the special land use approval. The applicant said relocation was not feasible because of tank locations and existing concrete and accessibility needs: “The property can have only 1 pump because the tanks are located at a certain spot. So the pumps cannot be put up on top of the tanks because the tank the concrete has to be accessible all the time,” Khaji said.

The board’s approval cited the five variance standards in the zoning ordinance, including unique property characteristics and that strict compliance would impose a practical difficulty. The ZBA incorporated recommendations from the Planning Commission and City Council conditions into its decision.

With the variance approved, the applicant may proceed with the gas station use as allowed by the special land use approval from city council and the conditions the council attached. The applicant was wished luck by the chair as the meeting moved to the next item.

Votes at a glance: Motion to approve dimensional variance for pump islands at 2114 11 Mile Road — Mover: Member Wilner; Second/support recorded from Member Krug; Roll-call vote: Branch (yes), Creel (yes), Krug (yes), Benedict (yes), Cyr (yes), Wilner (yes), Chair McAlpine (yes); Outcome: approved.