Resolution Zoning 12-Z-127 - Laserfiche WebLink

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Ms. Claudia Hasbun, Zoning Administrator February 17, 2012 Page 2 (2) A variance and modification of a previously approved site plaza to allow for the enclosure of a portion of certain balconies located on the north and south sides of the building, in order to permit the incorporation of a bay window and thereby create an extended breakfast nook area which would encroach on the areas of the required side setback requirements; and (3) Withdraw the previously requested variance for mechanical parking;, assuming passage of the parking ordinance being considered by the Commission at tonight's City Commission meetino We submit that the requested approvals are consistent with the provisions of the City's Comprehensive Plan, are compatible with the surrounding area, and are appropriate pursuant to Section 265 -15 of the LDRs. . Approval of the requested zoning relief is LDRs based on the following: appropriate pursuant to Section 265 -15 of the (1) Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands in the same zoning district. The subject Property is an extension of, and will be physically connected to, the adjacent Acqualina Ocean Resort and Spa. No other property within the 1i1 -UR zoning district has such direct accessibility to adjacent and contiguous properties. (2) The special conditions and circumstances are not a result of actions taken by o., on behalf of the Applicant. Recently, the City amended its Land Development Regulations to allow n physical encroachment into the Project's setback area so that a physical connection can be made between the two adjacent and contiguous properties. As such, the unique position of the Property is not the result of actions taken by or on behalf of the Applicant. (3) Literal interpretation of the provisions of the LDRs will deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district and, as such, places an unnecessary and undue hardship on the Applicant: Through no fault of the Applicant, during the 3 ,years of the death of the real estate market in South Florida, the market -place and requests received for this treatment in similar type units has changed. As a result, the Applicant is WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L.