Zoning Resolution 17-Z-161 - Laserfiche WebLink

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January 31, 2017 Page 6 2. The special conditions and circumstances do not result from the actions of the petitioner: Parking Garage Setbacks: Applicant did not create the shape, size and location of the Property, which uniquely narrows in the location of the proposed Parking Garage; rather these qualities are inherently distinct to the Property. Porte Cochere Setbacks: The special condition of the narrow finger island did not result from the actions of the Applicant. Building Separation: Applicant did not create the unique shape, size and location of the lot. These qualities are inherently unique to the Property and create challenges for the Applicant to provide required parking onsite. The Parking Garage provides the required parking for the Existing and Proposed Buildings and any modifications will significantly limit Applicant's ability to provide required parking for the Proposed Project. 3. Literal interpretation of the provisions of these LDRs deprives the applicant of rights - - --- -commonly-enjoyed-by-other--properties-in the same zoning district under-the-terms-of- _ - -- this chapter and works unnecessary and undue hardship on the applicant; Parking Garage Setbacks: Literal interpretation of the LDRs will deprive Applicant of utilizing its full development rights and present an undue hardship since the Proposed Project would lose the first row of parking and Applicant would be unable to fulfill its parking requirements. Therefore, the setback limitations of the code impose an unnecessary and undue hardship. - - Porte Cochere Setbacks: Most of the properties zoned RMF-2 are located north of 173rd street and are not narrowly shaped finger islands, which creates the unique condition and hardship that deprives the Applicant of rights enjoyed by other properties in the same zoning district. Building Separation: Denying the variance would deprive the Applicant the full use of the Parking Garage to accommodate the required parking for the Proposed Project. 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. Parking Garage Setbacks: The hardship is not economic, but rather was created by the • unique shape of the lot which narrows towards the middle, at the location where the Parking Garage is proposed. The survey shows that the Property narrows to approximately 155 feet towards the middle, whereas the Property is approximately 162 feet at the western most portion. This discrepancy of approximately seven (7)feet would eliminate the need for the southern encroachment. - Porte Cochere Setbacks: The hardship was not deliberately created, but rather is a result of the irregularly shaped narrow finger island. {40589909;2}