Resolution Zoning 98-Z- 10 - Laserfiche WebLink

Home Browse Search

City Commission Page 2 May 14, 1998 ANALYSIS AND REASONS Staff concurs with the zoning recommendation. The application submitted fails, in staff's opinion, to demonstrate the existence of an unreasonable hardship which would deny the applicant the reasonable use of his property. As a showing of hardship is necessary to enable the granting of a use variance, the request for a use variance to permit the proposed parking structure to be located in either a BU 1 or BU-1A district should be either withdrawn by the applicant or, alternatively,denied without prejudice by the City Commission. The Future Land Use Map of the Comprehensive Development Master Plan designates the land upon which the proposed project is to be constructed as"Business& Office Use". The adjacent property to the north is zoned BU-1A and contains a retail shopping center. The south property line of the subject parcel is adjacent to the ramped portion of the SR 826 service road right of way. The east property line is adjacent to the Collins Ave. right of way at the northwest corner of the intersection of SR 826 and Collins Ave. The west property line is adjacent to a parcel of privately held land which is designated as part of the RU-4A district and which contains a parking garage structure similar in nature to the proposed structure. The land is currently utilized as a surface parking lot. It contains 144 parking spaces and minimal landscaping. The proposed garage would contain 597 parking spaces on three levels which would be utilized for both public and private use. It is intended to serve the existing hotel and the public beach access(Samson Park) which is located on the east side of the Collins Ave.right of way within a BU-2 zoning district. The existing beach public access park is currently managed by the hotel complex operations department. If granted,the zoning boundary change would logically extend the already existing BU-2 district to the east, while at the same time, it would provide much needed additional parking for both the hotel complex and the public beach. The requested non-use variances are minor in nature and will have no adverse impact upon the ability of adjacent property owners to use and enjoy their own properties. The proposed garage use is compatible with the residential garage structure immediately to the west and is consistent with the historical use of the parcel.The proposed garage is also deemed,by staff. to be compatible with the large shopping center use on the adjacent parcel to the north. While it is true that the property owner is requesting a O'-O' setback along the north property line, it is also true that the subject property line is adjacent to the windowless rear wall of a shopping center(Marshals) where it will have no impact whatsoever upon the existing adjacent land use. In effect, the construction of the garage will create an access alley between the garage and the rear of the shopping center. As the applicant could build an 8'-O" high wall on his property line by right, creating the alley anyway, it is not probable that the impacts of the granting of this variance will make any meaningful difference to the northern shopping center. In any event, the maximum setback required would be only 5 feet.