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<br />Ms. Claudia Hasbun, Zoning Administrator <br />February 28, 2012 <br />Page 7 <br /> <br />. 'Creation oc'a publicly accessible"beach access eaSement on the PropertY in accordance <br />With these regulations would inevitably generate other vadimces on this site, which could <br />potentially create unnecessary detrimental irDpacts to the surrounding community. The creation <br />of a beach access easement, for instance, would drastically alter the building footprint creating <br />the need for several additional variance requests., The potyritlal impacts associated with these <br />. other variances are substantially outweighed by the impact assoc.iated with the requested relief to <br />waive the requirement of providing a beach access casement, which is minimal. By granting the <br />. requested relief, the interests of protecting the public safety and welfare would.be promoted. <br /> <br />The north setback varianceof3' is'a betterment of the previously approved variance of 0' <br />granted by the Commission for the prior project planned for the property, Park Place. In addition, <br />Chateau will provide a portion of the length of this area; for approximately 120 linel!1 feet, with a <br />minimum setback of5'. This area will be lushly landscaped and will allow for a clear view of the <br />beach and ocean when combined with the setback of the Monaco project, when that property is <br />redeveloped; Moreover, our Tower set1:Jack has increased from the.requiredsetback 6f20';JQ 25'. <br /> <br />. .' .' . <br />. . <br />. Due to the noted size. of the propertY,.it is 'also not possibie, oncsite;: toprovid~:the <br />required improvements .in order to .qUalify to the recreational open space bonus allowed to. other .... <br />projects in the City. .H;owever, in order to mitigate for the granting of our requests andt~:!1-lIow . <br />the use of this bonus fQrthisproject, the appliCant would.propose certain proffers arid oHieroff-' <br />site public improve1flents in?luding: . . . .... '. <br /> <br />. e. Redevelopmenf.of the north portion of Samson Park with new pli3,ygroun~. <br />equipmellt,landscaping and new piwered walkway; <br /> <br />e Construction of iI. new band shell.on the southern portion of Samso!l Par~; <br /> <br />. ;-.i-", <br />:-" . <br /> <br />. .' l." ..... .' .' .' <br />eNewsidewalk pavers in front of the. subject property as well as in front ofthe <br />Monaco Motel; . <br /> <br />e Reiocationof existing trees on the site t\) a City owned property, inciudu1g parks <br />and/publicrights-of-way,'as determined by the City; <br /> <br />e A $25,000.00 donation to the City Ed\lcationa1 Scholarship Fund. <br /> <br />I <br />j. <br /> <br />WEISS SimOTAHELFMAN <br />PASTORIZA COLE & BONISKE, P.L. <br />