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HomeMy WebLinkAboutSubmittal-Ben Fernandez-Miami 21 Article 7 Section 7.1.2.7Article 7, Section 7.1.2.7 1. Special conditions and circumstances exist which are peculiar to the land. The lot is a legally platted lot, which is substandard in that it is only 55 feet wide, where in the standard lot size in the transect is 100 feet. Accordingly, the lot is almost 50% narrower than the standard lot with in the T6 80 transect. In addition, the lot is flanked on both sides by historic buildings that are non -conforming and do not comply with T6 80 Setback requirements. 2. The special conditions do not result from the actions of the applicant. The applicant did not create the circumstances. They did not plow at the property. They simply purchased the property and are attempting to develop it with a reasonable multifamily project that is compatible with the surrounding Buildings and consistent with the pattern of development in the area. This pattern is demonstrated by recent resolutions approved by the city commission for similarly situated properties on the same block. 3. Literal interpretation of the provisions of Miami 21 would deprive the applicant of rights commonly enjoyed by other properties in the same transect. Literal interpretation of the code would deprive the owners of this property of the similar benefits derived by Centrei and other projects that have been granted variances with substandard lots. 4. Granting the variance request conveys the same treatment to owners as to the owners of other lands buildings or structures in the same transect. Approval of the variance would grant the owner the same Type of upper -level setback variance that was granted to Centro. In addition, the proposed mass and sco4e of the building is consistent with all of the other multifamily or hotel buildings on the block. 5. The variance is the minimum variance and makes possible the reasonable use of the land. By approving the variance, the Proposed building is able to achieve a similar mass and scale as the multi family or hotel projects on the block while maintaining a floor -to -ceiling height Approximately 9'8". For example, the abutting Langford hotel building built in 1925 has 12 stories. It could not be built today without a variance, such as the one that we are seeking. 6. The variance is in harmony with the general intent and purpose of Miami 21 and is not injurious to the neighborhood. The variance would not be injurious to the neighborhood as other similarly situated buildings are built to a similar mass and scale. The variance is consistent with the criteria in Article 4 Table 12. SUBMF11 tU INTO THE The site Plan confirms that the project is consistent with this criteria.,_� 'LI RECORD FCF al—ginV(n.G11 - a mie - , �ir- b 0 ZZv 1- f b J e cri (o ITEM Viz. 49 ONii -ao.aw(