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Zoning Resolution 21-Z-179
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Zoning Resolution 21-Z-179
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Last modified
8/19/2021 1:41:35 PM
Creation date
7/30/2021 2:12:51 PM
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CityClerk-Resolutions
Resolution Type
Zoning Resolution
Resolution Number
21-Z-179
Date (mm/dd/yyyy)
04/15/2021
Description
Vitaly Pinchuk Variances for 318 Atlantic Avenue [PZ2021-03]
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Letter of Intent <br /> In Support of Request for Variances <br /> 318 Atlantic Avenue,Sunny Isles Beach,FL 33160 <br /> This Letter of Intent is in support of our request for a variance to the side yard setback requirement for an <br /> existing non-conforming lot. The intention is to tear down and rebuild a new single-family residence with <br /> a 1-1/2 car garage. The Owner has a deteriorating health condition which currently manifests for a few <br /> months a year, but over time will continue to become more acute and he will require full accessibility <br /> 100%of the time. To this end,the house design is driven by maximum ease of accessibility for the <br /> Owner. <br /> The proposed new home is 49'-10-1/2"wide and 39'-10"high. As such based on the current code,the <br /> side yard setback requirement for our particular non-complying lot of record is 7'-6"and we are <br /> requesting a variance to allow for a 5'-0"setback on the East and West side setbacks,along with a 4'-10" <br /> height variance to accommodate an elevator room for roof accessibility and trellis areas for sun <br /> protection. We are also requesting a pool setback variance to be calculated 2'-0"from the 5'-0"setback <br /> variance requested above. <br /> What is perhaps most relevant here,and what we would ask the board to consider, is(1)the fact that we <br /> have the support of(6)neighbors including the two adjacent side neighbors,the neighbor directly across <br /> the street,and the VP of the Atlantic Isle Civic Association(please see attached letters in the formal <br /> submission package);(2)the extra space requested will have a significant impact on the Owner's quality <br /> of life as his health condition deteriorates; (3)the proposed project will be an improvement to the <br /> neighborhood and will very likely result in an overall increase in property value and tax base created by <br /> said improvement;and(4)the variance does not go beyond the minimum necessary to afford relief and <br /> accessibility for the Owner and will be in no way detrimental to public health or safety. <br /> Specific to the City's Variance Standards of Review:a./These special circumstances are peculiar to the <br /> house at 318 Atlantic Avenue and are not applicable to other buildings in the same zoning district;b./The <br /> special conditions are not the result of actions of the petitioner;c./Literal interpretation of the provisions <br /> of these LDRs deprive the applicant of rights commonly enjoyed by other properties in the same zoning <br /> district and creates undue hardship on the applicant due to his handicap;d./The alleged hardship is not <br /> economic and has not been deliberately created to establish a use or structure,which is not otherwise <br /> consistent with the LDRs;e./The granting of the variances requested,conveys the same treatment to the <br /> individual owner as to the owner of other lands,buildings or structures in the same zoning district;f./The <br /> variances, if granted is the minimum variance that makes possible the reasonable use of the building;and <br /> g./The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not <br /> injurious to the neighborhood,or otherwise detrimental to the public safety and welfare and will not <br /> substantially diminish or impair property values within the vicinity. <br /> Thank you for your consideration. <br /> Respectfully submitted, RECEIVE D <br /> MAR 2 ' 2021 <br /> Gi rgio Lostao rty/ 0 <br /> Creative Director �- � <br /> Ridiculous Design LLC. PLANNING & ZONING DEPT. <br /> City of Sunny Isles Beach,FL <br /> (312)610-2692 <br /> aiorgio(uridiculousdesign.com <br /> wwww.ridiculousdesign.com <br />
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