Lodi Board of Appeals denies Kwik Trip setback variance for kitchen expansion

The City of Lodi Board of Appeals voted on July 29, 2025, to deny a variance requested for Parcel(s) 11246-26 and 11246-27 at 215 N Main Street that would have reduced the C-3 district side setback from 10 feet to 3 feet and the rear setback from 20 feet to 10 feet to accommodate an 856-square-foot kitchen addition for the Kwik Trip store.

City Zoning Administrator Steve Tremlett presented a July 26, 2025 staff report recommending approval with conditions, saying the application met the six requirements of Section 340-114.B of the City zoning code and proposing conditions including (1) obtaining a Certificate of Zoning Compliance and Architectural Design Review approval for a Minor Project through the Zoning Administrator before securing a building permit; (2) pursuing a lot combination through the land-division process to consolidate relevant parcels; and (3) obtaining a building permit from the City Building Inspector prior to work.

Kwik Trip representatives said the addition is the minimum needed to improve kitchen safety and operations. Cody Flury of Kwik Trip said the company sought a minimum variance to better serve the community and make the kitchen safer for coworkers. Dean Schulz of Excel Engineering told the board the engineering team evaluated multiple options and concluded the 856 sq. ft. expansion best addressed safety concerns. Ryan Roberts, the local store leader, told the board that on-site food production had grown from about 50 units to roughly 1,000 units per day and that the expansion would enable hiring three new coworkers.

Board members focused their deliberations on whether the application satisfied the six legal criteria in Chapter 340-114.B. Members raised concerns that the reduced setbacks could compel firewall construction on the expanded building and on adjacent properties if neighboring owners later built closer to property lines. Tremlett noted the proposed addition would meet International Building Code requirements, but board members pressed on potential impacts to neighboring parcels, including existing stormwater concerns raised by nearby property owners.

The board recorded separate roll-call motions on each of the six criteria in 340-114.B. Motions finding criteria (1) exceptional circumstances, (2) natural causes, (5) general nature, and (6) minimum variance required passed. The motion on criterion (3) preservation of property rights passed with a 2–1 vote (Clark and Lane in favor; Tonn opposed). The motion on criterion (4) absence of detriment failed when only one member voted in favor. Because only five of the six statutory criteria were found to be met, Chair Peter Tonn moved, with a second from Beau Lane, to deny the variance. The roll-call vote to deny was Aye (Tonn, Lane, Clark); Nay (0).

The board set its next meeting for Sept. 9 at 5:30 p.m. and adjourned at 6:49 p.m.

The variance denial prevents the proposed kitchen expansion under the requested reduced setbacks; proponents may pursue other avenues noted by staff, including applying for the permits and approvals Tremlett outlined or seeking a different zoning solution through the Plan Commission or an amended application.