Resolution Zoning 06-Z-104 - Laserfiche WebLink

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Sunny Isles Beach Marina Property Rev 10-10-06 together fOl/eiting the view corridor in order to achieve the 200 feet height (that would otherwise be permissible under the Code with a wider view corridor.) Applicant chose the latter. (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 zoning ordinance and works l1I1I1ecessary and undue hardship on the applicant; Applicant: Other properties along the southern edge of Sunny Isles Boulevard are entitled to construct buildings with a maximum height of 200 feet. Likewise, others along the Boulevard have been permitted variances from the penthouse setbacks. The particular site, the location of the marina on the site, and the requirements of other agencies such as shoreline and fire create a scenario whereby the literal interpretation of the applicable provisions of the LDR's would not permit the construction of a 200 foot high building on the Property with the allowable FAR and density. Thus, the literal interpretations of the applicable LDR provisions work an unnecessary and undue hardship on the applicant. (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; Applicant: The hardships asserted, the narrow width of the property, location of the marina and the lack of flexibility for tower height in the LDR's are not economic in nature nor have they been deliberately created Applicant merely seeks to achieve what others along Sunny Isles Boulevard have been permitted (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; Applicant: The granting of the requested variance would permit the applicant to construct a 200joot high building which is a right already enjoyed by other owners of land along the southern edge of Sunny Isles Boulevard Likewise, setback reliefhas been granted others along the Boulevard (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure. Applicant: The requested variances represent the minimum variances necessary so that the applicant may construct a building with the allowable height, density, and intensity as is permitted for all properties along the southern edge of Sunny Isles Boulevard (7)The grant of the variance is in harmony with the general intent and purpose of these LDR's, 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. Applicant: The general intent and purpose of the TCO district is to develop relatively dense mixed- use developments with a maximum height of 200 feet along the southern edge of Sunny Isles Boulevard. Contrary to being "injurious" or "otherwise detrimental", this project incorporates a promenade with benches and lighting along the shoreline for public use and enjoyment, includes numerous public uses as shops, cafes, and views into the highly computerized and mechanized, beautifully designed marina facility that maximizes the visual and physical access to the water through the provision of mixed use facilities as desired by the LDRs. The marina use not found 4