Resolution Zoning 12-Z-130 - Laserfiche WebLink

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Attachment number 3 \nPage 4 of The hardships asserted, the narrow width of the property, location of the marina and the lack of flexibility for tower height in the LDR's, are not economic in nature nor have they been deliberately created. Applicant merely seeks to achieve what others along Sunny Isles Boulevard have been permitted. (4) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, building, or structures in the same zoning district. The granting of the requested variance would permit the applicant to a building with setback relief not unlike the properties to the east and the rights already enjoyed by the other owners of land along the southern edge of Sunny Isles Boulevard. (5) The variance, ifgranted is the minimum variance that makes possible the reasonable use of the land building, or structure. The requested variances represent the minimum variances necessary so that the applicant may construct a building with the allowable height, density, and intensity as is permitted for all properties along the southern edge of Sunny Isles Boulevard. (6) The grant of the variance is in harmony with the general intent and purpose of these LDR's, is not injurious to the neighborhood or otherwise detrimental to public safety and welfare and will not substantially diminish or impair property values within the vicinity. The general intent and purpose of the TCO district is to develop relatively dense mixed -use developments with a maximum height of 200 feet along the southern edge of Sunny Isles Boulevard. Contrary to being "injurious" or "otherwise detrimental", this project incorporates a promenade with benches and lighting along the shoreline for public use and enjoyment, includes numerous public uses as shops, cafes, and views into the highly computerized and mechanized, beautifully designed marina facility that maximizes the visual and physical access to the water through the provision of mixed use facilities as desired by the LDRs. The marina use not found elsewhere in the City and creates a unique product for the City. All of this can be accomplished only with the requested variances which are in harmony with that general intent and purpose as stated above. Public safety and welfare will not be detrimentally affected by the approval of the requested variance and the proposed project will in all likelihood enhance property values within the vicinity. Conditional Use. The Applicant is requesting a conditional use to permit an enclosed marina accommodating and servicing approximately thirty-six (36) wet with seven (7) for dry storage staging and ninety-six (96) enclosed marina slips. Most of these will be owned and used by unit owners of the Project. However, while sales of slips to potential unit owners have been robust, in an effort to maintain flexibility in sales, and only to the extent necessary, the Applicant wishes to offer not more than sixty (60 %) percent of slips to the public sale. The Applicant shall provide the parking required for that percentage whether or not Applicant needs that percentage for public offering. This conditional use meets the requirements of the City's code as follows: (1) The proposed use shall be consistent with the Comprehensive Plan; The marina modernization and beautification will be not only consistent with but also further implement the Comprehensive Plan Town Center Strategy and Objectives 11 and 12 of the Future land Use Element. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; Agenda Item No.6A \nDate 9/20/2012 41