Zoning Resolution 25-Z-212 - Laserfiche WebLink

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Page 5 of 6 (2) The special conditions and circumstances do not result from the actions of the petitioner; Satisfied: The special conditions and circumstance do not result from the action of the petitioner. A temporary sales center is not permanent and is necessary for the successful development and sale of a multi -family residential development in furtherance of City approvals and is typical for the industry. Moreover, the variances sought are temporary in nature. (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; Satisfied: A literal interpretation of the LDR provisions would deprive the Applicant of the ability to provide an adequate sales center for the St. Regis development. In addition, compliance with the front setbacks would not allow the site to function as it is intended to allow the permitted temporary uses for the site, limiting ingress and egress and parking. Without the variances, ingress and egress would be forced to Collins Avenue, creating adverse traffic impacts for the City. (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; Satisfied: The proposed sales center use and structure are permitted in the B- 1 zoning district and City-wide pursuant to the City Code. The hardship is not economic in nature and does not establish a permanent use or structure. (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; Satisfied: Granting temporary variances for a sales center will convey the same treatment to the Applicant as to owners of other lands in the same zoning district as it will allow the Property to be used as a temporary sales center. (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and Satisfied: The variance is temporary and will make possible the reasonable use of the Property for a sales center. (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. Shubin Law Group Shulainlawgt'oup.,:om I Tel (305) 391-6060 ( Fax (305) 351-94,57 PROFESSIONAL ASSOCIATION 89