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Claudia Hasbun
<br />City of Sunny Isles Beach
<br />Community Development Department
<br />February 27, 2012
<br />Page 5
<br />Daycare, but by the developer of the Winston Towers development nearly forty years ago when
<br />Winston Towers was created.
<br />The next two criteria, numbers 3 and 4, require that the strict application of the zoning
<br />regulations, in this case a limit of six children, would effectuate an unnecessary, non - economic
<br />hardship on the applicant. The bottom line is that, if the Daycare Facility is limited to six
<br />children, then the Property cannot be used as a daycare facility at all. The Property, which
<br />contains approximately 1,600 square feet of commercial, interior space and approximately
<br />1,200 square feet of outdoor space, is simply not suitable for the sort of small -scale operation
<br />located within a single - family residence that is contemplated by Section 265 -44(D)(2).
<br />Criteria 5 and 6 require that the variance, if granted, not constitute special treatment, and
<br />that it be the minimum variance required to make possible the reasonable use of the land. As
<br />explained above, in the light of the area regulations for daycare facilities imposed by both the
<br />Code and the Florida Statutes, as well as the Daycare Facility's state certification, which all
<br />reflect that the Property is designed to accommodate at least 40 children, the current request for
<br />25 children is clearly reasonable. The variance does not constitute special treatment, as
<br />compared to other properties in the district lacking the unique conditions, because it is required
<br />to render the Property suitable for use as a daycare facility, a use that is permitted by the Code
<br />and that is practicable in the residential units, where the six children limitation would not
<br />effectuate an unnecessary hardship and is consistent with the design of such properties. The
<br />variance is thus required, not to grant special treatment, but to place Sunny Isles Daycare on
<br />equal footing with the owners of other, typical properties in the RMF -2 district.
<br />The final criterion for a variance is whether the variance generally furthers the purpose of
<br />the zoning regulations and is not injurious to the neighborhood, public safety and welfare, or
<br />property values in the area. The variance, which would permit a much - needed daycare facility
<br />to serve the Winston Towers community, clearly furthers the purpose of the Code, which
<br />permits daycare facilities in all residential districts, as well as the Florida Statutes, which
<br />expressly encourage the development of such facilities. As explained above, the Daycare
<br />Facility fully complies with all area regulations imposed by the Code and is designed to further
<br />the safety and welfare of the general public and, in particular, the Winston Towers Community.
<br />Finally, in light of the clear need for a quality daycare facility in the Winston Towers
<br />neighborhood, as well as the extremely low intensity of the proposed use, if the Daycare Facility
<br />has any impact at all on area property values, that impact would be a positive one, not an
<br />impairment.
<br />We note that Sunny Isles Daycare previously applied for approval of a daycare facility on
<br />the Property, and that application was denied by the City Commission on July 21, 2011. As
<br />reflected herein and in the enclosed application and materials, the current application differs
<br />substantially from Sunny Isles Daycare's earlier application, which was for a far greater number
<br />of children and would have opened the door to several daycares and schools in the shopping
<br />MIAMI 2899751.4 7957936929
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