Title
ZV(R)2025-0024
Yordano Paz
1055 NW 164 Avenue (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT BACKGROUND/DESCRIPTION:
Yordano Paz, owner, submitted a residential zoning variance request to legalize existing construction for the property located at 1055 SW 164 Avenue in the Spring Valley neighborhood, which is zoned Single-Family Residential Zoning District (R-1B).
On December 21, 2023, the City’s Code Compliance Division cited the property (Code Case No. 231104441) for work performed without building permits.
On January 17, 2024, the owner submitted driveway permit application No. RX24-00489 to legalize an existing circular driveway at the property; however, the permit application cannot be approved as the existing work exceeds the limitations of the City’s Land Development Code (LDC).
The petitioner has provided a copy of the property survey and a modification plan including the installation of two open-sided aluminum roofed structures: 18’ x 16’, attached and 141 Square Feet (SF) free-standing, both installed at the rear of the house (No. RO25-04283, submitted 5/3/2025, no subject to variance). The plan includes reduction in the amount of the existing concrete surfaces at the front of the lot from 64% of the Front Lot Area (FLA) to a proposed 55% (FLA).
As result of the existing work at the property, the owner would like to retain the circular driveway at the property. Mr. Paz is asking:
- ZV(R)2025-0024: to allow 55% front lot coverage (total) instead of the required 40% front lot coverage (total) for an existing circular driveway in a residential single-family property, typical lot.
Per staff review of the city’s archives, no permit information can be found for the detected work; nevertheless, on December 21, 2022, the city conducted Final Inspection of approved driveway permit No. RX22-07020 (see approved layout, attached). Per Broward County Property Appraiser Imagery, the non-permitted construction has existed at location since at least December 2022 (see property changes).
The applicant is aware that Board consideration of residential variance requests does not preclude the property owner from obtaining all necessary development related approvals or permits.
The subject property is in Spring Valley neighborhood. The property owner is providing HOA Letter, dated August 1st, 2022.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0024) is to allow 55% front lot coverage (total) instead of the required 40% front lot coverage (total) for an existing circular driveway in a residential single-family property, typical lot.
Code Reference:
ZV(R)2025-0024)
Table 155.620 Accessory Building and Structures
Type, Driveway, Circular, Maximum Dimensions, 40% front lot coverage
VARIANCE DETERMINATION:
The Board of Adjustment shall not grant any single-family residential variances, permits, or make any decision, finding, and determination unless it first determines that:
Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
In the granting of single-family residential variances, the Board shall follow Section 155.301(O) Variance:
1. Purpose: To allow for the provision of relief from certain development standards of this LDC for one or more of the following reasons:
a) There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
b) Any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
c) Granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.