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ZBA grants illumination variance for Mr. Car Wash at 34835 Utica Road with mitigation conditions
Summary
Fraser Zoning Board approved a variance to allow higher lighting levels at a car wash on Utica Road, conditioned on adherence to a submitted photometric plan, limits on canopy lighting during non‑operating hours, and dimming or turning off every other vacuum light to meet code after hours.
The Fraser Zoning Board of Appeals approved a variance for Mr. Car Wash at 34835 Utica Road to allow elevated exterior illumination levels shown on a submitted photometric plan, subject to multiple mitigation conditions.
The board treated the item as old business (it had been postponed when an earlier meeting lacked the required four affirmative votes). A member moved to approve ZBA 24-0734625 with conditions; the motion passed on roll call with Commissioner Burley, Commissioner Comenity, Chairman Frank Farina, Commissioner Green, Commissioner Menendez and Commissioner Stasic recorded as voting yes.
The motion and staff summary cited the photometric plan dated July 17, 2024 (job 230116500 E1-1). The plan shows a proposed maximum illumination at the driveway of about 21 foot-candles where the ordinance allows 4 foot-candles, and proposed parking illumination above the 2-foot-candle standard for walkways. The motion text recites those numbers and makes approval conditional on adherence to the photometric plan and on mitigation steps.
As moved, the variance is conditioned on the applicant operating consistent with the submitted photometric plan and on nighttime mitigation: turning off the point-of-sale canopy lighting during non‑operating hours and shutting off or dimming every other vacuum light arm so that after-hours lighting complies with current code limits. The motion specified business hours of operation as 7 a.m. to 8 p.m. and required mitigation during non-operating hours.
Board discussion addressed whether the proposed lighting could be reduced after hours to meet the ordinance and whether dimming would be sufficient. The applicant said vacuum-arm lights can be dimmed or switched off and that under the proposed mitigation the site’s measured light levels would drop substantially several feet from the canopy. Board counsel advised the board it could require compliance with either the photometric plan or the current code; the board adopted the condition that the site comply with the submitted plan during operating hours and with the current code limits during non-operating hours through the agreed mitigation.
The variance includes a condition that the applicant implement the specified lighting-controls and that the site adhere to the photometric plan dated July 17, 2024. The board’s approval does not amend the zoning ordinance; it authorizes a site-specific exception subject to monitoring and compliance.
