Resolution Zoning 06-Z-104 - Laserfiche WebLink

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Planning & Zoning DepartJllent August 14, 2006 Page 3 shoreline and fire create a scenario whereby the literal intetpretation 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 interpretation of the applicable L TD 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 LDR's. 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, building, or structures in the same zoning district. The granting of the requested variance would permit the applicant to construct a 200-foot high building which is a right already enjoyed by the other owners of land along the southern edge of Sunny Isles Boulevard. Likewise, setback relief has 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. 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 putpose of these LDR's, is not injurious to the neighborhood or otherwise detrimental to public safety and welfare and will not substantially diminish or impair property values within the vicinity. The general intent and pUtpose of the TCO district is to develop relatively dense mixed- use developments with a maximum height of200 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 elsewhere in the City and creates a unique product for the City. All of this can be accomplished only with the requested WEISS SEROTA HELFMAN PASTORrZA COLE & BONISKE, EA.