Zoning Resolution 25-Z-212 - Laserfiche WebLink

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January 16, 2025 PZ2025-01 (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. (5) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district. (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure. (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. The proposed variances meet some, but not all, of the above criteria. The proposed structure is temporary and significantly smaller in size than what is permissible in this zoning district, which is a special circumstance not applicable to other structures or buildings in the same zoning district. However, literal interpretation and application of the setbacks and parking requirements do not deprive the Applicant of rights commonly enjoyed by other properties, as the property is a rectangular shaped lot of ample size to accommodate a structure. For the parking reduction, the Applicant intends to secure additional parking off-site and valet vehicles. Granting the variance is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. The fourth and final variance is to increase the allowable size of two wall signs from 35 square feet to 43 square feet and 58 square feet. Sign ordinance variances are reviewed against the following criteria from Code Section §265-63.1.C.: (1) The variance is not contrary to the public interest, (2) Special conditions and circumstances do not result from actions of the applicant; (3) A literal enforcement of the provisions of this chapter may result in unnecessary hardship. The Applicant requested the same variance for the existing on-site sales center located at 18801 Collins Avenue, application PZ2023-10, which was approved by the City Commission on September 21, 2023 via Resolution 23-Z-203. The Applicant proposes using the same two wall signs that were approved in 2023 on the off-site sales center Page 7 of 13 49