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IV. Applicant's Request <br />1. Pursuant to Section 265 -18(I) of the City of the City of Sunny Isles Beach Land <br />Development Regulations, the Applicant is requesting the following modifications to an <br />approved site plan pursuant to Resolution No. 11 -Z -124, <br />a) Pursuant to Section 265 -46 (A)(4) of the City of the City of Sunny Isles Beach Land <br />Development Regulations, the Applicant is modifying the tandem parking counts from 20% <br />to 100% where the 100% is allowed by the Code. <br />b) Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development <br />Regulations, the Applicant is requesting a variance of Section 265- 35(D)(4)(c)[1](a) to <br />permit a portion of the tower side setbacks to be 46 feet and six inches where a minimum of <br />50 feet is required. <br />Plans are on file and may be examined in the City Clerk Offices for Mansions at Acqualina (Seven <br />sheets) date- received- February-29,, 2012. <br />Legal: Portion of Govt. Lot 6 Tatum's Ocean Park Subdivision (PB 10 -64) <br />N 100 ft. of Tract 4 East of State Route AIA and S 100 ft. of Tract A (PB 35 -51) <br />V. Zoning General Standards of Review For Variance <br />In granting a variance, the City Commission must consider the following factors pursuant to <br />Section 265 -15 of the City Code. <br />(1) Special conditions and circumstances exist which are peculiar to the land, structure, or <br />building involved and which are not applicable to other lands, structures or buildings in the <br />same zoning district; <br />Balconies are part of the approved site plan under City Resolution No. 11 -Z -124. <br />(2) The special conditions and circumstances do not result from the actions of the petitioner; <br />Balcony encroachment are allowed under City Section 265 -35 (D)(9)(a)[1][b]. <br />(3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights <br />commonly enjoyed by other properties in the same zoning district under the terms of this <br />chapter and works unnecessary and undue hardship on the applicant; <br />As mentioned before, balconies are part of previously approved site plan, enclosure of <br />balconies do not change the side setback of the tower. <br />(4) The alleged hardship is not economic and has not been deliberately created to establish a use <br />or structure, which is not otherwise consistent with the LDRs. <br />As mentioned before, balconies are part of previously approved site plan. <br />THE MANSIONS AT ACQUAHNA Z2012 -03 CH 2 <br />