Resolution Zoning 09-Z-119 - Laserfiche WebLink

Home Browse Search

One Netanya Centre x. Applicant's Request 1) Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval to build a 7 -story building containing 38,181 square feet of office use and 5,542 square feet of ground floor retail use. 2) The Applicant is requesting the following variances: a. A variance to permit the proposed project with a lot coverage of 89% where 80% lot coverage is permitted. (Section 265-37(F)(5)). b. A variance of setback to permit the pedestal to setback 0' -0" where 20' -0" is required from the south property line, and 0' -0" where 10' -0" is required from the east and west property line. (Section 265-37(F)(6)(b) Summary Chart C). c. A variance of setback to permit the tower to setback 10'-0" to 15'-0" from the pedestal where 20' -0" is required. (Section 265-37(F)(6)(b) Summary Chart D). 3) Plans are on file and may be examined in the Planning and Zoning Department for "Arie Sunny Isles, Inc." entitled "One Netanya Centre" prepared by Ari Sklar from Sklarchitecture stamped received revised 10-15-09, there consist of, "Cover Sheet T-l" "Life Safety Plans LSl" "Existing Site Plan A-I" "Proposed Site Plan A-l.l" "EA.R. Calculations A-2" "EA.R. Calculations A-3" "Proposed Ground Floor Plan A-4" "Proposed 2nd & 3rd Floor Plans AS' "Proposed 4th Floor Plan A-6" "Proposed 5th Floor Plan A- 7" "Proposed 6th & 7th Floor Plans A-8" "Proposed Roof Plan A-9" "West & East Elevations A-I 0" "North & South Elevations A-II" "Proposed Building Sections A-12" "Landscape Plan L-l" "Boundary Survey for 323rd Sunny Isles Blvd. & 163rd S1" prepared by Ford, Armenteros & Manucy, Inc stamped received revised 10-15-09. The 16 sheets and plans entitled "One Netanya Centre" Plans may be modified at public hearing. Legal Description: A portion of Lot 11 of Second Revised Plat of Bella Vista Subdivision, according to the plat thereof, as recorded in Plat Book 50, at Page 76 of the public records of Dade County Florida. XI. Code Section In analyzing a variance request, Florida Courts have held that a legal hardship will be found to exist only in those cases where the property is virtually unusable or incapable of yielding a reasonable return when used pursuant to the applicable zoning code. The City's Land Development Code 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: Section 265-15 Standards of Review for Variance Requests: (1) 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; (2) The special conditions and circumstances do NOT result from the actions of the petitioner; Z2009-04/CH 5