Resolution Zoning 12-Z-130 - Laserfiche WebLink

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Attachment number 3 \nPage 3 of (a) West Tower to Pedestal setback; (b) Front Tower to Pedestal setback The Commission can consider these variances if they meet the criteria of Section 265 -15G of the Zoning Code, which requires that special conditions and circumstances exist peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The Property is located along the southern edge of Sunny Isles Boulevard, which entitles it to base F.A.R. of 3.5, a base maximum density of 75 unitstacre, and a maximum height of 200 feet. The lot is 639.831 feet in length with 159 feet in depth. It abuts the rising slope of the south side of 163"d Street causeway. Due to the relatively narrow width of the Property, the marina facility located on the east side of the Property, and the request by the Fire Department for an even bigger opening (access) on the westerly setback line from the first submittal, a building with two step - backs, between pedestal and tower and between tower and penthouse, is impossible in order to achieve the maximum permitted F.A.R. and density. Accordingly, the applicant has proposed a 200 -foot high building with only one step back, between pedestal and tower and reduced western tower setback that still achieves the view corridors required by the City. (The tower setback on the west is angled so it goes from zero to 24.99 feet as required by FIRE and slightly short of the required 25 feet and the front setback is 3 feet short of the requirement.) These types of setbacks have already been permitted on the properties to the north. And in the case of the most western tower is barely noticeable as it is positioned above the pedestrian walk to the Bay. The pedestrian walkway remains unobstructed, freely accessible and walkable from the street to the Baywalk. The Applicant seeks no variance from the increased parking requirements. It should be noted, however, that in order to do this, lifts will be utilized for the commercial functions only. A valet will be provided for those functions. (1) The special conditions and circumstances do not result from the actions of the petitioner. The variance requests are not the result of actions of the petitioner. The intrinsic site constraints, the fact that a stand -alone marina is located on this site, and the request from the fire department to have access on the western boundary of the property, have come together to create a predicament whereby the tower on the west side, and the penthouse, in general, cannot meet Code requirements and still achieve what would otherwise be allowable in terms of FAR and density. A building structure cannot be located directly above the marina, so in order to achieve the zoning allowable on this site, the applicant must see the aforementioned variances. (2) 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. Other properties along the southern edge of Sunny Isles Boulevard are entitled to construct buildings with a maximum height of 200 feet. Likewise, others along the Boulevard have been permitted variances from the penthouse setbacks. The particular site, the location of the marina on the site, and the requirements of other agencies such as shoreline and fire create a scenario where the literal interpretation of the applicable LTD provisions work an unnecessary and undue hardship on the applicant. (3) 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 LDR's. Agenda Item No.6A\nDate 9/20/2012 40