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June 15, 2023 <br />PZ2023-06 <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 />V. FINAL ANALYSIS <br />Based on the above review, the application is not consistent with the City's Land <br />Development Regulations. The requested side yard setback variance is in relation to new <br />construction and a hardship has not been identified that supports the proposed setback <br />reduction. The subject property does not have a special condition or circumstance that is <br />not applicable to other lands, structures or buildings in the same zoning district. The <br />variance is not necessary to make possible reasonable use of the land, building or <br />structure, as access to the rooftop terrace can be accommodated with a staircase <br />elsewhere on the property, without encroaching into the required setbacks. However, <br />granting of the variance is not injurious to the neighborhood and would not otherwise be <br />detrimental to the public safety and welfare and will not substantially diminish or impair <br />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 three (3) <br />property owners' and residents of Golden Shores. The letters have been submitted with <br />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 />VI. 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 />115 <br />