Reso 2024-3690 - Laserfiche WebLink

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August 15, 2024 PZ2024-03 III. REQUESTS Pursuant to Section §265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance from the Landscaping Requirements of Section §265-71 to reduce the required number of street trees on Collins Avenue from seven (7) to five (5). 2. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to revise its landscaping plans to reduce the number of street trees required on Collins Avenue from seven (7) to five (5). The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Boundary & Topographic Survey Turnberry Ocean Club", prepared by Fortin, Leavy, Skiles, Inc., stamped received May 9, 2024, consisting of one (1) sheet and sheet L6.00, prepare by EDSA, Inc., stamped received May 31, 2024. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. IV. ZONING REVIEW The Applicant requests a variance from the Landscaping Requirements of §265-71, which states one street tree is required for each 30 linear feet, or portion thereof, of street frontage. The subject site has 201.15' of street frontage and therefore seven (7) street trees are required. The Applicant requests a variance to allow five (5) medjool date palms, instead of the required seven (7), primarily due to the location of the underground water utilities easements and the location of a Florida Power & Light easement, which makes the placement of two (2) additional trees unfeasible. The following are the standards of review for variance applications from code Sec. §265-15.G.: A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; (2) The special conditions and circumstances do not result from the actions of the petitioner, (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant; (4) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs. Page 4 of 8 43