Title
ZV(R)2023-0025 & 0026 & 0043
Ana Maria Veeser, 1728 NW 163 Terrace (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Ana Veeser, owner, has submitted three residential zoning variance requests to legalize an existing driveway, walkway and patio for the single-family residence located at 1728 NW 163 Terrace in the Spring Valley neighborhood which is zoned Residential-Single Family Zero Lot Line (R-1Z).
On April 20, 2022, the City’s Code Compliance Division cited the property for work done without building permits (Case No. 220400053).
In August 25, 2022, the property owner submitted Building Permit Application (No. RX22-06290) to construct a driveway, walkway and patio at the property. However, the plans for the building permit cannot be approved as the work done exceeds the limitations of the City’s Land Development Code (LDC); as result, the applicant is requesting:
• ZV(R)2023-0025: to allow 74% front lot coverage (total) instead of the required 40% front lot coverage (total) for an existing driveway and patio in a residential single-family property, zero-lot.
• ZV(R)2023-0026: to allow a 47% width of lot instead of the allowed 40% width of lot for an existing driveway in a residential single-family property, zero lot.
• ZV(R)2023-0043: to allow two-foot (2’) side setback along a segment of the northern property line instead of the required five-foot (5’) for an existing patio in a residential single-family property, zero lot.
Per staff review of the city’s archives, no building permits can be found for the detected work. Nevertheless, according to the Broward County Property Appraiser Imagery, it appears driveway, walkway and patio have existed at the property since at least 2022.
Planning and Economic Development Staff assisted the applicant to identify potential modifications to the existing nonpermitted work that could be made to meet the regulations of the City’s LDC. The petitioner is presenting a plan with no modifications to existing conditions.
The applicant is aware that Board consideration of a residential variance request does not preclude the property owner from obtaining all necessary development related approvals or permits.
The subject property is in the Parkside at Spring Valley neighborhood. Ms. Veeser had supplied documents from the HOA dated August 27, 2020 and September 19, 2022.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0025 is to allow 74% front lot coverage (total) instead of the allowed 40% total front lot coverage (total) for an existing driveway on a zero-lot line property.
ZV(R) 2023-0026 is to allow 47% width of lot instead of the allowed 40% width of lot for an existing driveway on a zero-lot line property.
ZV(R) 2023-0043 is to allow two-foot (2’) side setback on the nonzero side of a zero-lot line property instead of the required five feet (5’) side setback for an existing patio.
Code References:
ZV(R) 2023-0025 & 0026 & 0043)
Table 155.620 Accessory Building and Structures
Type, Driveway, Zero Lot Line, Maximum Dimensions, 40% front lot coverage
Type, Driveway, Zero Lot Line, Maximum Dimensions, 40% Width of lot 40
Type, Deck or Patio, Setback, Side, 5 feet
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.