Board continues variance request for proposed oil‑change outlot at 8101 Penton Pike

The Lawrence Board of Zoning Appeals voted on May 19 to continue consideration of a petition seeking multiple variances for a proposed two‑bay oil‑change facility on an Esquire Plaza outlot at 8101 Penton Pike, moving the matter to the board’s June 16 hearing to allow the applicant and city staff to resolve outstanding technical items.

Why it matters: City staff recommended denying all four variance requests — a sidewalk connection, required stacking spaces, a bypass/circulation lane, and a transitional landscape buffer — citing code requirements and safety concerns. The applicant and the property owner said site constraints and market realities justify flexibility and asked the board for time to work with staff rather than vote tonight.

Applicant presentation and project details Jonathan Wilker, a planner with McBride del Clarion, told the board the applicant proposes a 1,462‑square‑foot, two‑bay oil‑change building on a 0.49‑acre outlot of Esquire Plaza. The submitted plan shows nine parking spaces, a dumpster enclosure east of the building, and proposed landscape additions; Wilker said customers would enter from the east and exit to the west and that typical service takes about 15–20 minutes.

Wilker identified four variance requests: removal or modification of (1) an internal sidewalk connection to Pendleton Pike, (2) the required stacking spaces before and after the service point, (3) a dedicated bypass/circulation lane, and (4) a transitional buffer yard along Pendleton Pike. He said the applicant can add a sidewalk and can provide the required stacking spaces on the site plan, but asked relief from a dedicated bypass lane and from the transition buffer as applied given the parcel’s small size, site circulation, and the existing road and adjacent uses. Wilker also described a landscape plan that would add a 23‑foot planting strip with eight ornamental trees and 18 shrubs where the site is now surface parking.

Owner and community argument Carrie Libering, attorney for Sandor Development, which owns Esquire Plaza, urged the board to approve the request or allow flexibility. Libering said the owner has held and invested in the center for more than 30 years, described the site as difficult to lease for some uses, and argued that a stable national chain on the outlot would generate activity, jobs and tax revenue while removing a vacant parcel.

Staff recommendation and safety concerns Renee Rafa, the city’s director of public works, said the staff recommendation is to deny all four variance requests. Rafa emphasized that the recommendation is grounded in code compliance and safety, not transit policy: the sidewalk requirement connects the business to public transportation corridors, stacking and a bypass lane reduce the risk of on‑site vehicle conflicts and backing maneuvers, and the transition buffer is required by the zoning overlay (she noted the parcel across the street is zoned D5, where the code requires a buffer even if the existing use is a Wendy’s).

Board discussion and decision to continue Board members pressed both sides on operational details, including how employees would direct vehicles, where employees would park (the plan shows eight employee spaces plus one accessible space), and whether customers could be trapped in service lanes without a bypass. The applicant said operational practices and the proposed circulation would prevent those problems, while staff reiterated that the code’s bypass and stacking standards serve public safety.

After discussion, the applicant asked for a continuance to work with staff; Sandor and the applicant noted some landlord infrastructure work has begun but that unresolved comments remain. A board member moved to continue the petition with notice to the June 16 hearing so the applicant and city staff can coordinate outstanding items. The motion carried and the continuance was granted. The board adjourned with no further action taken on the variances.

What happens next The petition (26 LSV07) is continued with notice to the June 16 hearing; the board and staff will expect clarified plans or confirmations that code requirements (sidewalk, stacking, bypass/circulation, transitional buffer) are resolved or that the applicant’s variance requests remain necessary. The applicant and owner signaled they prefer to resolve those items with staff before returning for a formal vote.