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(5) Granting of the variance requested conveys the same treatment to the individual owner as to <br />the owner of other lands, buildings or structures in the same zoning district; <br />Other variance requests have been granted in this zoning district. <br />(6) The variance, if granted, is the minimum variance that makes possible the reasonable use of <br />the land, building or structure; and <br />This variance is the minimum variances possible. <br />(7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is <br />not injurious to the neighborhood or otherwise detrimental to the public safety and welfare and <br />will not substantially diminish or impair property values within the vicinity. <br />The granting of this variance will be in harmony with the general intent and purpose of these <br />LDRs, is not injurious to the neighborhood or otherwise detrimental to the public safety and <br />welfare and will not substantially diminish or impair property values within the vicinity. <br />VI. Staff Analysis <br />The tandem parking request is permissible under the Land Development Regulations, which now <br />permits 100% tandem parking with certain conditions. With respect to the tower setback variance <br />request, the physical location of the balconies has not changed. However, a setback issue arises <br />under the City Code due to the enclosure of balconies. In other words, open balconies are <br />permitted within setback areas, but enclosed balconies required a variance to be located within the <br />setback area. At this time, City Staff has no objection to the Applicant's request. The request is <br />consistent with the Land Development Regulations and the Comprehensive Plan. <br />VII. Off - Street Parking and Loading Standards <br />The applicant has modified the parking plan to take advantage of City Code Section 265 -46 (A) <br />(4) to allow 100% tandem parking where 24/7 valet is provided. In this case the amount of <br />parking has been increased from 119 to 167 parking spaces. <br />VIII. Conditions <br />In the event that the request is granted, the following conditions should apply: <br />(1) Upon the submittal of an application for building permit, the plans submitted shall meet with the <br />approval of the Planning and Zoning Administrator and be consistent with the specific site plan <br />approved by the City Commission. Plans shall include all the required elements of the site plan <br />pursuant to the City's Land Development Regulations. Should revisions in the plans result in a <br />change that would not be considered "minor" in accordance with Section 265 -18 of the City <br />Code; the Applicant shall be required to obtain another approval of the City Commission. <br />(2) That the project shall be developed substantially in accordance with the plans submitted for public <br />hearings on December 22, 2011 and March 13, 2012. All conditions set forth in City Resolution <br />11 -Z -124 shall remain in effect. <br />THE MANSIONS AT ACQUALINA Z2012 -03 CH 3 <br />