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Agenda Item: 10(d) |
Prepared By: Mary P. Holden, Planning Manager |
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Business: Resolution - Variance Petition |
Department: Community Affairs - Growth Management |
Subject:
Title
RESOLUTION - Variance Petition (VP-23-000403) Request to the Land Development Code (LDC) Sec. 30-441(g) Landscape Buffer Width for the property located at 588 Bald Eagle Drive, Marco Island FL 34145
Body
BACKGROUND:
PROJECT DESCRIPTION:
The request is to provide a three (3’) foot buffer instead of a fifteen (15’) foot buffer along the south and west side of the property where it abuts the Marco Island Cemetery, which is zoned R-4 residential. Please find attached the application, a conceptual plan and a summary of the Neighborhood Information Meeting.
FUNDING SOURCE / FISCAL IMPACT:
The Applicant has paid $2,000.00 in applicable fees
PUBLIC NOTICE REQUIREMENTS: 15 days prior to Planning Board meeting
NOTICE APPEARANCE DATE(S): May 23, 2024
RECOMMENDATION:
STAFF RECOMMENDATION
Staff recomends the Planning Board approve Variance Petition VP-23-000403, for 588 Bald Eagle Dr., based upon the findings and conditions contained herein, and forward the recommendation for approval to the City Council:
Findings:
1. This site is a corner lot abutting residentially zoned property on the south and west, requiring a 25-foot setback from all sides, which is being met. What makes the site unique is the residentially zoned property is a cemetery and not single-family structures. Further, the site sits well below the abutting property (cemetery).
2. The special conditions related to the land are not due to actions of the applicant.
3. If the variance is granted, it would be the minimum required to make the designed layout work. The required landscape plant material will follow the required number, just a narrower buffer.
4. Granting the variance will not confer special privilege.
5. Granting the variance will be in keeping with the intent and purpose of this section of our zoning code since they are meeting the required amount of landscape plant material specified, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
6. Granting this variance does not conflict with our Comprehensive Plan.
Conditions of Approval:
1. The approval of SDP 23-000398 is null and void if the City Council does not approve this variance request, 23-000403.
POTENTIAL MOTION:
Approve Resolution 24-XX with the listed findings and condition.