Resolution Zoning 12-Z-133 - Laserfiche WebLink

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Ms. Claudia Hasbun November 7,2012 Page 3 The property is located at the corner of Sunny Isles Beach Blvd. and Collins Ave. Although this parcel is part of a unified site plan approval, the parcel where the office building is located is narrower in width tan the remaining parcels. Compounding the narrow lot issue, the newly adopted building and fire codes creates a parking garage design not functional due to the column location and turning radius,if the tower was to be placed at the required setback. 2. Special conditions and circumstances do not result from the actions of the petitioner. The narrow width of the parcel and the newly adopted building and fire code changes are not the result of the action of the petitioner. 3. Literal interpretation of the provisions of the LDR's deprive the applicant of right commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant. Other properties along the southern edge of Sunny Isles Beach Blvd.and also in the Center Core area have received similar variances. 4. The alleged hardship and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR's. The hardship asserted due to the narrow parcel building/fire code requirements are not economic in nature nor have they been deliberately created. 5. Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands,buildings and structures in the same zoning district. The granting of the requested variance would permit the applicant to construct a building with the same or similar setback requests that has been granted to other property owners in the immediate area. 6. The variance, if granted is the minimum variance that makes possible the reasonable use of the land,building or structure. The requested variance is the minimum variance necessary to allow the applicant to design and build a functional garage and building. 7. The grant of the variance is in harmony with the general intent and purpose of these LDR's, is not injurious to the neighborhood, or otherwise detrimental to the public WEISS SEROTA HELFMA.N PAsTORIZA COLE & BONISKE, P.L.