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Page 2 of 6 <br />3) Temporary variances from the City Code, including: <br />a. varying the required front setback from 40 feet to between 5 feet 4.5 inches and <br />fifteen feet 9.5 inches (§ 265-36(6)(a), City Code); <br />b. varying the required side setbacks from 10 feet to 6 feet (§ 265-36(6)(c), City <br />Code); <br />c. varying the onsite parking requirements from 20 onsite to 10 onsite and 10 offsite <br />with valet parking (§ 265-46.B., City Code); <br />d. varying the City's sign regulations to allow two (2) Wall Signs to exceed the <br />maximum square footage permitted (§ 265-56, City Code), one on the East <br />elevation of the temporary structure with an overall area of 58 square feet; 226" x <br />37" (actual signage/lettering is less as shown on Site Plan), and one on the North <br />elevation of the temporary structure with an overall area of 43 square feet; 109" x <br />57" (actual signage/lettering is less as shown on Site Plan); and <br />4) Temporary construction fencing with murals and graphics pursuant to section 265-57.G, <br />City Code as shown on sheet A0.02. <br />In support of the Application, the Applicant offers the following: <br />I. The Proposed Temporary Sales Center Satisfies the Conditional Use Criteria <br />Under Section 265-14.13.(1)(d), City Code, an offsite sales center may be approved as a <br />conditional use. To the extent that the conditional use criteria applies to a temporary use, the <br />temporary sales center satisfies the criteria for approval: <br />(1) The proposed use shall be consistent with the Comprehensive Plan; <br />Satisfied: The Property is designated Neighborhood -Business on the City's Future <br />Land Use Map. According to Objective 14, Policy 14B of the City's Comprehensive <br />Plan: <br />This commercial land use category is intended to accommodate retail, <br />business and service uses that serve primarily convenience shopping <br />and personal service needs of surrounding neighborhoods and visitor <br />accommodations. Offices, hotels and professional and business <br />services, community and recreation facilities are permitted. <br />The proposed temporary sales center use is an office and/or business services use that <br />services the surrounding neighborhoods and is therefore consistent with the <br />Comprehensive Plan. In addition, the use is temporary and activates a vacant lot <br />prior to redevelopment by the City. <br />(2) The establishment, maintenance or operation of the proposed use shall not be <br />detrimental to or endanger the public health, safety, or general welfare; <br />Satisfied: The proposed temporary sales center use is temporary and consistent with <br />the character of the neighborhood. In addition, the temporary use activates a vacant <br />lot prior to redevelopment by the City and will be developed with consistent with the <br />Shubin Law Group Shubinlawgioup.com I TO (305) 381-6060 1 Fax (305) 381-9457 <br />PROFESSIONAL ASSOCIATION 86 <br />