Resolution Zoning 12-Z-126 - Laserfiche WebLink

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Created: 1/09/12 CH Revised: 01118/12 AD/CH Revised: 01124112 HO Revised: 01/27/12 AD/CH Revised: 01/30112 SR Revised: 02/02112 HO Revised: 2115/12 AD/CH Revised: 2123/12 AD/CH Revised: 2127/12 AD/CH VI. FINAL ANALYSIS Based on the above review, the application is generally consistent with the City's Comprehensive Plan and the City's Land Development Regulations. Also, the City previously approved the Park Place site plan on November 16, 2006 which was a similar development with requests for parking and setback variances. Staff finds the beach access waiver to be appropriate in this case due to the fact that the Samson Oceanfront Park is adjacent to this property to the South. Moreover, Staff finds the use of murals and graphics on temporary construction fencing is warranted. At this time, City Staff has no objection to the Applicant's requests. Pursuant to Section 265-15 Variances. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (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; The buildable area is constrained by the lot width. The lot was platted prior the adoption of this LORs. (2) The special conditions and circumstances do not result from the actions of the petitioner; The conditions and circumstances are not a result of the action 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; A literal interpretation of the provisions would pose 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. The alleged hardship is not economic. (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; U:\PLANNING&ZONING2008\ZONING HEARING-APPLlCA TIONS\2012 APPLlCA T10N\Z2012-02 CIIA TEAU BEACH 8