Zoning Resolution 17-Z-161 - Laserfiche WebLink

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January 31, 2017 Page 5 The Property is unique because it is composed of irregularly shaped parcels on one of the City's finger islands. Literal interpretation of the LDRs would deprive Applicant of utilizing its full development rights and present an undue hardship. Specifically, without the proposed Parking Garage setbacks and distance separation variances, the garage would be inefficient and lose an entire row of required parking on each of the eight (8) levels. Further, the narrow finger island creates a special condition which limits the development of the Property. Although Applicant is meeting all setback requirements for the Proposed Buildings, the Porte Cochere will not fit within the required setback of the narrow lots along Kings Point Drive. Therefore, Applicant seeks the minimum variances required given the undue hardship resulting from this unique Property. Section 265-15(G)of the City's Code specifies seven (7) criteria by which variance requests are reviewed.The criteria are listed below in bold and underlined text, with our responses below. 1. Special conditions and circumstances exist which are peculiar to the land, structure. or building involved and which are not applicable to other lands, structures or ------- buildings in the same zoning district; -- - - - - - - - Parking Garage Setbacks: The Property is unique because it is composed of irregularly shaped parcels on one of the City's finger islands which narrows towards the middle of the lot, where the setback relief is being requested. The survey shows that the Property narrows to approximately 155 feet towards the middle, whereas the lot is approximately 162 feet at the western most portion of the Property. This discrepancy of approximately seven (7) feet would eliminate the need for the southern setback variance if the Property was 'a regularly shaped lot. The peculiar shape of the land necessitates the need for setback variances to build the required parking for the Proposed Project. Porte Cochere Setbacks: There are special conditions which are peculiar to the land and which are not applicable to other properties within the RMF-2 zoning district, most of which are located north of 173`d street. It is a uniquely shaped lot, which differs from the neighboring lots in both size and shape. Further, a significant portion of the Property is submerged. The narrow finger island creates a special condition which limits the development of the Property. Although Applicant is meeting all setback requirements for the Proposed Buildings, the Porte Cochere will not fit within the 25 foot setback of the narrow lots along Kings Point Drive. Building Separation: Section 265-34(D)(6)(a)states: When there are two or more towers on the same property, the building separation shall be a minimum of 50 feet between towers. The Proposed Buildings and Existing Building will meet the building separation requirements. However, the North Tower and Parking Garage will not meet the 50 foot separation requirement due to the unique nature of the Property. Rather, Applicant is requesting a variance fora building separation of.33'7" at the narrowest center point and 43'9° at the corners, between the North Tower and Parking Garage. {40589909;2}