Resolution Zoning 11-Z-122 - Laserfiche WebLink

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The Applicant is seeking to provide a service based on economic conditions and as such, the Applicant does not satisfy all of the requirements to grant a variance pursuant to the Zoning General Standards of Review as stated below: (1) A special condition on the property relates to the existing Declaration of Covenant, which restricts the type of business uses permitted in the residential zoning district in which the building is located on. The current businesses on the shopping plaza have been operating and are providing services to the entire community, (2) The Applicant did not have control over the special condition placed on the site, when the Declaration of Covenant was establish in 1979. (3) There is no unnecessary or undue hardship on the Applicant due to the provisions set in the LDRs for this particular zoning district. (4) The Applicant needs to demonstrate an alleged hardship that is not economic. It is clear to staff that the requested variance is based on economics without demonstrated hardship. (5) The requested variance is not creating the same treatment to other land, building or structure in the same zoning district. If the variance is granted, it is not intended to create a precedent for this zoning district. (6) The granting of the variance is not the minimum variance possible for the Applicant to obtain a reasonable use of the land/building. (7) The request is within an established location, and the Applicant has taken measures to provide landscaping buffers and sufficient setbacks to preserve the possibility of any visual impact of the outdoor play area. However, the Applicant needs to demonstrate to staff the imapct that the proposed daycare will have to the overall shopping plaza as well as to adjoining properties. V. Off-Street Parking and Loading Standards Required Provided Regular 4 4 Drop-off & pick-up 1 2 Handicap N/A N/A VI. Art in Public Places (N/ A) IX. Conditions In the event that the request is granted, the following conditions should apply: (1) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. SUNNY ISLES DAYCARE Z2011-03 CH 3