Resolution Zoning 11-Z-122 - Laserfiche WebLink

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IV. Applicant's Request 1. The Applicant is requesting a conditional use site plan approval for a Daycare center in the RMF-2 Zoning District. 2. The Applicant is requesting a variance of section 265-44 (D)(2) of the City Code to permit a Child Care Center with a maximum of 40 children where 6 children are permitted. Plans are on file and may be examined in the Planning and Zoning Department for Sunny Isles Daycare Corp (Pgs. 1 & 2), dated May 31and June 10,2011. Legal: 2 & II 5242 1.254 AC MIL TATUMBS SUB GOVT LOT 6 PB 10-64 BEG 100.48FfN & 1342.33FfW OF X S/L TR 3 & W R1W/L SR AlA TH W 215.2Ff N235Ff NELY AD 39.27Ff E 1 63.33Ff S260Ff TO POB SUITE # 102 FOLIO NUMBER 3 1- 2211-004-0222. IV.' Zoning General Standards of Review For Variance In granting a variance, the City Commission must consider the following factors pursuant to Section 265-15 of the City Code. (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; (2) The special conditions and circumstances do not result from the actions of the petitioner; (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; (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; and (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, 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. V. Staff Analysis Winston Towers Shopping Plaza is located in a residential zone providing business services for the immediate area. The shopping plaza is an active business hub with retail, medical and professional offices, and a synagogue. The Applicant wishes to establish a Child Day-Care Center in one of the units within the plaza. However, as a consequence of the zoning classification for the site, the Applicant is required to apply for a variance due to the number of children requested for the da ycare center. SUNNY ISLES DA YCARE Z2011-03 CH 2