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Ms. Claudia Hasbun, Zoning Administrator <br />February 17, 2012 <br />Page 3 <br />reacting to the needs of the now existing market -place and believes that <br />others should likewise be able to do so. <br />(4) The hardship is not economic and has not been deliberately created to establish a <br />use or stricture, which is not otherwise consistent with the LDRs. <br />The Applicant will charge the same amount for the Project's units with, or <br />without, the requested bay - window treatment, such that the hardship is not <br />economic. The Project has already been approved, such that the variance is <br />not being deliberately created to establish such a use or structure. <br />(5) Granting of the variances requested conveys the same treatment to the Applicant <br />as to the owners of other lands, buildings or structures in the same zoning district. <br />Granting these variances conveys the same treatment to the Applicant as to <br />other owners in the district. If the request is approved, it would allow <br />development to proceed on the Property within the established requirements <br />of the LDRs that. would be compatible with surrounding structures. <br />Likewise, other developments within the district do not have the salve <br />connection to adjacent and contiguous properties. <br />(6) The variance, if granted, is the minimum variance that allows for the reasonable <br />use of the Property. <br />The requested variance and its attendant increase in unit square footage does <br />not exceed the square footage already approved. for the site. <br />(7) The grant of the variance is in harmony with the general intent and purpose of the <br />LDRs, is not injurious to the neighborhood or.otherwise detrimental to the public <br />safety and welfare, and will not substantially diminish or impair property values <br />in the vicinity. <br />The requested relief is: (a) in harmony with the general intent of the MU-R <br />Zoning District by permitting the continued redevelopment of the shoreline <br />with upscale residential and mixed -use towers; (b) necessitated by the <br />preexisting special conditirpns noted above; , and (e) will not have any <br />detrimental impact on the surrounding area. This approval would neither <br />impair nor diminish property values but rather increase values. The grant of <br />the variance would allow the project to have a unique look and would <br />enhance the views of buildings to the north and south of the tower. <br />WEISS SEROTA HELFMAN <br />PASTORIZA COLE & BONISI{E, P.L. <br />