Resolution Zoning 12-Z-131 - Laserfiche WebLink

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September 7, 2012 Page 3 USE OF CfTY PROPERTY On the west side of the Property, the Proposed Building is setback 0' from the property line. The property to the west of the Proposed Project is the site of the future reconstructed Bella Vista Bay public park. The Applicant is proposing to improve the portion of the park that is immediately adjacent to the Proposed Building by creating a series of landscaped terraces, which will serve a dual purpose of visually screening the at grade parking of the Proposed Project and providing a seating area and shade for the future park. The baywalk is also proposed to extend onto the City-owned lot and there are two minor entrances to the building that open directly onto the City-owned lot. The proposed use of a portion of the City-owned property equals approximately 10% of the total dry land area of the City property and will require the approval of an easement agreement from the City. As an alternate to the use of the City property, the Applicant has provided a "Plan B" that does not have the landscaped terraces or entrances from the City property. We submit that the plan with the terraces and encroachments results in a better aesthetic for both the Proposed Project and the City property and results in a tangible improvement (shaded seating)for the City property. PARKING VARIANCE As mentioned previously, the Proposed Project will have 22 parking spaces on site, at grade and under the building. The Proposed Project incorporates four distinct uses (religious facility, pre-school, social hall and restaurant), each of which will operate at separate times. Therefore the peak parking demand can be based on shared use parking calculations under Section 265-46 A. (3)of the City Code. The use with the highest peak parking demand is the religious facility use of the first floor. Based on 390 total seats and using the City's "places of worship" parking ratio of 1 parking space per 4 seats, the peak parking demand for the Property is 98 parking spaces according to the City Code. This is 76 more spaces than the 22 spaces provided on site. Because of the site constraints of the Property and unique use (Orthodox Jewish religious facility), the Applicant is requesting approval by the City Commission for a variance from the off-street parking requirements. The Proposed Building will be home to an Orthodox Jewish congregation and the majority of Orthodox Jews do not drive their own vehicles on the Sabbath (Saturday) or on Jewish high holidays. Instead, members of the congregation that do not drive will most likely walk to the Property or be driven to the Proposed Project and dropped off and picked up after worship has ended. The Rabbi estimates that approximately 40% of the congregation currently drives to Sabbath worship services. The City Code specifies seven (7) criteria by which all variance requests are reviewed upon. These seven criteria are listed below in bold text with our responses to each criteria listed 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; {25148759;1}