Resolution Zoning 09-Z-119 - Laserfiche WebLink

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One Netanya Centre (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 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; (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; (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure. (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. Under Section 265-15 a variance shall be granted only where competent and substantial evidence demonstrates that the Applicant has satisfied all the requirements for the grant of a variance. XII. Planning Analysis The proposed development is consistent with the Town Center Land Use designation of the City's Comprehensive Plan. The Town Center is intended to be a moderate to high intensity design- unified area which will contain a concentration of different urban functions integrated both horizontally and vertically. The project proposes an office and retail use on the property. XIII. Zoning Analysis The subject property is located in the Town Center Sunny Isles Center Sub-District. The intent of the Sunny Isles Center Sub-District setback and height variance requirements is to preserve the existing view corridors for residents to the North and South of such districts and to avoid creating a canyon affect by controlling the height of buildings on either side of East and West bound lanes of Sunny Isles Blvd. This district also encourages office space development and the assembly of small parcels into larger parcels which in turns allows the developer to increase density and intensity. This is the first project in this Center Sub-District since the enactment of the Town Center category and as such, is the first project to request variances specifically pertaining to the Sunny Isles Center Sub-District requirements. The subject property is located west of an existing self- storage 4 stories building, 48 feet in height. The property directly west of the subject property is owned by the Florida Department of Transportation (FDOT) and is used for storm drainage for the immediate area. To the North and South of the property are the East and West right of way lanes of Sunny Isles Boulevard. The Applicant claims that due to the relative narrow width of the property, they cannot design a building that would allow reasonable use of the property without the requested variances. Z2009-04/CH 6