Zoning Resolution 26-Z-224 - Laserfiche WebLink

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Page 3 of 4 The Applicant has not caused the special circumstances that cause the need for the variances. Rather, the need for the variance results largely from a partial incoherence between multifamily building zoning standards (which are designed for large towers) and the proposed modest sales center (which are typically modest temporary single story buildings), as well as the development history of the Property as described above. (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; The literal interpretation of the Code will create undue hardship on the Applicant insofar as Applicant would not be able to achieve the design sought, which is a modest prototypical sales center building common to the City. Indeed, the proposed Sales Center building is actually smaller in size than other similar previously approved sales center buildings in the City. Accordingly, Applicant is not requesting anything beyond what is customary. (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; The purpose of the Variance is not based in economic hardship, but rather principally on design -related constraints as described above, and the proposed Sales Center is 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; No special preference or treatment is being granted to the Applicant., Rather, the proposed temporary structure is a modest prototypical sales center building that is actually smaller in size than other previously approved sales center buildings in the City. Accordingly, Applicant is not requesting anything beyond what is customary and reasonable 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; and The requested modest variance is the minimum that would make possible the reasonable use of the proposed Sales Center. 365