Zoning Resolution 25-Z-212 - Laserfiche WebLink

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Page 4 of 6 Satisfied: The temporary sales center use, which is consistent with the B-1 zoning district and the City's Comprehensive Plan is compatible the surrounding land uses. (2) A parking problem must not be created. If off-site parking is to be utilized, permission must be in writing from the owner of the property utilized. Said owner must demonstrate that the parking requirement of the temporary use does not cause the loss of legally required parking spaces for his/her site. Satisfied: A parking problem will not be created. Additional offsite parking to meet City Code requirements will be provided, with valet services, with property owner permission, and without causing the loss of legally required spaces for the offsite premises. (3) An applicant may not receive a temporary use permit for garage sales, seasonal sales, sidewalk/parking lot sales, fireworks displays and show and carnivals, fairs, concerts, circuses or similar events on the same property more than three times within a calendar year. Satisfied: The Applicant is not seeking a temporary use for garage sales, seasonal sales, sidewalk/parking lot sales, fireworks displays and show and carnivals, fairs, concerts, circuses or similar events on the same property, other than such events that are typical and accessory to the operation of a sales center. III. The Application Satisfies the Variance Criteria A variance is appropriate "where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of these LDRs would result in unnecessary and undue hardship on the property." § 265-15(a), City Code. The Applicant maintains that the variances sought are appropriate because they meet the intent of the City's Land Development Regulations, satisfy the conditional use criteria for off-site sales centers, and are temporary in nature. In addition, approval is appropriate because the following criteria has been 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; Satisfied: The subject Property is unique in size and configuration creating obstacles for the temporary structure permitted under the Lease and the required parking. In addition, the structure provided is necessary to accommodate a sales center that provides the amenities and floor area required for the promotion and sale of a luxury residential development. These unique, temporary circumstances are not applicable to other permanent structures, buildings or uses in the same zoning district. Shubin Law Group Shubinlawgroup.Com I Tel (305) 3fs1-6060 1 Fax (30S) 38'1-9457 PROFESSIONAL ASSOCIATION 88