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<br />505.6.2 Action by City Commission. In considering whether to approve, <br />approve with conditions or deny the application, the City <br />Commission shall review the application, the general purpose and <br />standards set forth in this section for the granting of variances, staff <br />reports, and any oral and written comments received at the public <br />hearing. <br /> <br />505.7 Standards of Review. A variance shall be granted only where competent <br />and substantial evidence presented in the particular case shows that all of <br />the following are met: <br /> <br />a) Special conditions and circumstances exist which are peculiar to the land, <br />structure, or building involved and which are not applicable to other lands, <br />structures or buildings in the same zoning district; <br /> <br />b) The special conditions and circumstances do not result from the actions of <br />the petitioner; <br /> <br />c) Literal interpretation of the proVISIOns of these LDRs deprives the <br />applicant of rights commonly enjoyed by other properties in the same <br />zoning district under the terms of this zoning ordinance and works <br />unnecessary and undue hardship on the applicant; <br /> <br />(d) The alleged hardship is not economic and has not been deliberately <br />created to establish a use or structure, which is not otherwise consistent <br />with the LDRs. <br /> <br />(e) Granting of the variance requested conveys the same treatment to the <br />individual owner as to the owner of other lands, buildings or structures in <br />the same zoning district; <br /> <br />(f) The variance, if granted, is the minimum variance that makes possible the <br />reasonable use of the land, building or structure; and <br /> <br />(g) The grant of the variance is in harmony with the general intent and <br />purpose of these LDRs, is not injurious to the neighborhood, or otherwise <br />detrimental to the public safety and welfare and will not substantially <br />diminish or impair property values within the vicinity. <br /> <br />505.8 Conditions and Safeguards. In granting a variance, City Commission may <br />impose such conditions and restrictions upon the premises benefited by a <br />variance as may be necessary to comply with the standards set out in this <br />Section and to prevent or minimize adverse effects on other property in the <br />neighborhood. Violation of such conditions and restrictions, when made a <br /> <br />city of Sunny Isles Beach-Land Development Regulations <br />Adopted December 10, 2002 <br /> <br />CHAPTER 5 - Development Review 500-12 <br />