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Resolution Zoning 12-Z-133
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Resolution Zoning 12-Z-133
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Last modified
12/3/2012 4:29:43 PM
Creation date
12/3/2012 4:29:35 PM
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CityClerk-Resolutions
Resolution Type
Zoning Resolution
Resolution Number
12-Z-133
Date (mm/dd/yyyy)
11/15/2012
Description
[Z2012-09] St. Tropez Beach Developers, LLC., 16690 Collins Avenue
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Created:7/6/12 CH <br /> Revised:8/14/12 AD/CH <br /> Revised:8/16/12 HO <br /> Revised: 10/30/12 CH <br /> Revised: 10/31/12 HO/CH <br /> Revised: 11/5/12 HO <br /> Compounding the narrow lot issue, the newly adopted building and fire codes creates <br /> a parking garage design not functional due to the column location and turning radius, <br /> if the tower was to placed at the required setback. <br /> (2) The special conditions and circumstances do not result from the actions of the <br /> petitioner; <br /> Applicant: The narrow width of the parcel and the newly adopted building and fire <br /> code changes are not the result of the action of the petitioner. <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 <br /> this chapter and works unnecessary and undue hardship on the applicant; <br /> Applicant: Other properties along the southern edge of Sunny Isles Beach Blvd. and <br /> also in the Center Core area have received similar variances. <br /> (4) The alleged hardship is not economic and has not been deliberately created to <br /> establish a use or structure, which is not otherwise consistent with the LDRs. <br /> Applicant: The hardship asserted due to the narrow parcel building/fire code <br /> requirements are not economic in nature nor have they been deliberately created. <br /> (5) Granting of the variance requested conveys the same treatment to the individual <br /> owner as to the owner of other lands, buildings or structures in the same zoning <br /> district; <br /> Applicant: The granting of the requested variance would permit the Applicant to <br /> construct a building with the same or similar setback requests that has been granted <br /> to other property owners in the immediate area. <br /> (6) The variance, if granted, is the minimum variance that makes possible the reasonable <br /> use of the land, building or structure; <br /> Applicant: The requested variance is the minimum variance necessary to allow the <br /> Applicant to design and build a functional garage and building. <br /> (7) The grant of the variance is in harmony with the general intent and purpose of these <br /> LDRs, is not injurious to the neighborhood or otherwise detrimental to the public <br /> safety and welfare and will not substantially diminish or impair property values within <br /> the vicinity. <br /> Applicant: The general intent and purpose of the TCO district is to develop a <br /> functional mixed-use development. The unified site plan will allow a comprehensive <br /> 9 <br /> U:\PLANNING&ZONiNG2008\ZONING HEARING-APPLICATIONS\20I2 APPLICATION\Z2012-09 ST.TROPEZ PHASE iI&III <br />
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