Resolution Zoning 12-Z-128 - Laserfiche WebLink

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Revised on 2222012 SR Revised on 2232012 HO Revised on 2282012 CH Revised on 2292012 SR Revised on 3/72012 CH Revised on 3/82012 HO (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 hardship relates to the zoning classification and the existing Declaration of Covenant imposing limitations not the Applicant. (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; The granting of the variance does not constitute a special treatment to the Applicant. The Declaration of Covenant was established to allow uses without the need to submit a public hearing, providing the same treatment for the owners. - - (6)The variance , if -granted,-is- the - minimum variance- that - makes - possible the reasonable use of the land, building or structure; and The request is to be the minimum variance that makes possible the reasonable use of the building. (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. The granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. Furthermore, to comply with the general intent of the LDRs, the Applicant is proposing to record a Declaration of Restriction in order to ensure the health safety, and welfare of the community. VI. Staff Analysis Winston Towers Shopping Plaza is located in a multi - family residential zoning district. At the time that the Winston Towers Shopping Plaza was constructed, Miami -Dade County had approved business uses within the shopping plaza with certain conditions in accordance with a Declaration of Restrictions. The Shopping Plaza has provided services throughout the years to residents of Winston Towers and the larger community. A daycare is a conditional use in the zoning district. In other words, a daycare is a permitted use with certain conditions. The Applicant has been operating at the subject property as a daycare facility with a limitation of six children. In addition, the Florida Legislature has recognized the need for quality child care due to the fact that many parents of young children are employed outside the home, § 402.26 FL Statute. State policy expresses the need to "promote the development of child care options in the private sector." Moreover, the Property Owner has agreed to provide a Declaration of Restriction to limit the daycare facility uses and further expansions, and provide priority to Winston Towers residents. At this time, City staff has no objection to the Applicant's request. SUNNY ISLES DAYCARE Z2012.04 CH