Resolution Zoning 06-Z-104 - Laserfiche WebLink

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Planning & Zoning Departlllent August 14,2006 Page 2 I. 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. The Property is located along the southern edge of Sunny Isles Boulevard, which entitles it to a base F.A.R. of3.5, a base maximum density of75 units/acre, and a maximum height of 200 feet. The lot is 639.831 in length with 159 feet in depth and abuts the rising slope of the south side of I 63'd Street causeway. Due to the relatively narrow width of the Property, the marina facility located on the east side of the Property, and the request by the Fire Department for 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 of 200' which allows the maximum permitted F.A.R. and density is not possible. Accordingly, the applicant has proposed a 200-foot high building with only one step back, between pedestal and tower and reduced western tower setback that still achieves the view corridors required by the City. Because of the marina facility which cannot house a structure above it, and the fire access, and because height is a function of width as set forth 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. The variance requests are not the result of actions of the petitioner. The intrinsic site constraints, the fact that a stand alone marina is located on this site, and the request from the fire department to have access on the western boundary of the 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 otherwise be allowable in terms of 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 of situating the buildings closer together forfeiting the view corridor in order to properly achieve height, or, retaining the view corridor and asking for a variance 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 chapter and works unnecessary and undue hardship on the applicant. Other properties along the southern edge of Sunny Isles Boulevard are entitled to construct buildings with a maximum height of200 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 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISUE, P.A.