Resolution Zoning 06-Z-104 - Laserfiche WebLink

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Sunny Isles Beach Marina Property Rev 10-10-06 S. A variance from the Code Section 265-35(9)(a)[I] to permit a height of200'-0" feet (194'-0" feet permitted). V. Variances The applicant is requesting variances from the requirements of Code Section 265-37 "Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to reduce the penthouse-from- tower setback from 20 feet to 0 feet; reduce a portion of the tower-from-pedestal setback on the west side from 20 feet to 0 feet; and increase the building height maximum from * 194 feet to 200 feet. *Please note that the maximum building height is 190 feet with the following exception: Maximum height may be increased by 10 feet, provided that the width of the building is decreased by two feet for every one foot of additional height up to a maximum of 200 feet. The applicant has reduced the tower width from the maximum 200 feet to 192 feet, therefore, permitting an additional 4 feet of building height to 194 feet. Section 26S-1S.G - Standards of Review The City's Land Development Code (Section 265-15. G) provides that a variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (J) 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 and deny all reasonable economic return; Applicant: The Property is located along the southern edge oJSunny Isles Boulevard, which entitles it to a base FA.R. oj 3.5, a base maximum density oj 75 units/acre, and a maximum height oj 200 Jeet. The lot is 639.831 in length with 159 Jeet in depth and abuts the rising slope oJthe south side oj 163rd Street causeway. Due to the relatively narrow width oj the Property, the marina Jacility located on the east side oj the Property, and the request by the Fire Department Jor an opening (access) on the westerly setback line, a building with two step-backs, between pedestal and tower and between tower and penthouse, and the allowable height limit oj 200' which allows the maximum permitted FA.R. and density is not possible. Accordingly, the applicant has proposed a 200joot high building with only one step back, between pedestal and tower and reduced western tower setback that still achieves the view corridor required by the City. Because oj the marina Jacility which cannot house a structure above it, and the fire access, and because height is a Junction oj width as set Jorth in the Code, Applicant cannot meet the Code requirements on height. (2) The special conditions and circumstances do NOT result from the actions of the petitioner; Applicant: The variance requests are not the result oj actions oj the petitioner. The intrinsic site constraints, the Jact that a stand alone marina is located on this site, and the request from the fire department to have access on the western boundary oJthe property, have come together to create a predicament whereby the tower on the west side, and the penthouse, in general, cannot meet Code requirements and still achieve what would othenvise be allowable in terms oj FAR and density. A building structure cannot be located directly above the marina, so in order to achieve the zoning allowable on this site, the petitioner basically had a Hobbes' choice oj situating the building closer 3