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Zoning Resolution 23-Z-201
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Zoning Resolution 23-Z-201
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Last modified
8/30/2023 12:11:24 PM
Creation date
7/12/2023 1:12:40 PM
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CityClerk-Resolutions
Resolution Type
Zoning Resolution
Resolution Number
23-Z-201
Date (mm/dd/yyyy)
06/15/2023
Description
Approving application PZ2023-07, allow variance increasing building height from 35' to 39-10" ft. at 19020 N. Bay Rd.
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VA <br />Vl. <br />June 15, 2023 <br />PZ2023-07 <br />(4) The alleged hardship is not economic and has not been deliberately created <br />to establish a use or structure, which is not otherwise consistent with the LDRs. <br />(5) Granting of .the variance requested conveys the same treatment to the <br />individual owner as to the owner of other lands, buildings or structures in the <br />same zoning district, <br />(6) The variance, if granted, is the minimum variance that makes possible the <br />reasonable use of the land, building or structure; and <br />(7) The grant of the variance is in harmony with the general intent and purpose <br />of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to <br />the public safety and welfare and will not substantially diminish or impair <br />property values within the vicinity. <br />Comments: See attached Letter of Intent from the Applicant and final <br />analysis below provided by staff. <br />FINAL ANALYSIS <br />Based on the above review, the application is not consistent with the City's Land <br />Development Regulations. The requested building height variance is in relation to new <br />construction and a hardship has not been identified that supports the proposed building <br />height increase. The subject property does not have a special condition or circumstance <br />that is not applicable to other lands, structures or buildings in the same zoning district. The <br />height measurement from crown of road applies equally to all homes constructed on North <br />Bay Road. The variance is not necessary to make possible reasonable use of the land, <br />building or structure, as a new home can reasonably be constructed without the need for <br />an increase in allowable height. However, granting of the variance is not injurious to the <br />neighborhood and would not otherwise be detrimental to the public safety and welfare and <br />will not substantially diminish or impair property values within the vicinity. <br />The Applicant has asserted in the application that the variance request will not negatively <br />impact the adjacent properties and has obtained "letter of no objections" from nineteen <br />(19) property owners' and residents of Golden Shores. The letters have been submitted <br />with this application. <br />Staff has compiled the relevant facts of the requested variance and recommends the <br />application be presented to City Commission for consideration. <br />CONDITIONS <br />If the City approves this application, the application will be subject to the following <br />conditions set forth below: <br />Page 5 of 6 <br />145 <br />
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