Title
REQUEST FROM YAHAIRA MANON TO APPEAL THE BOARD OF ADJUSTMENT DECISION PERTAINING TO RESIDENTIAL ZONING VARIANCE ZV(R) 2024-0083 FOR THE PROPERTY LOCATED AT 2220 NW 93 WAY.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. On December 5, 2024 the Board of Adjustment (BOA) heard an application for a residential zoning variance requests from Yahaira Manon and Max Probst pertaining to the property located at 2220 NW 93 Way.
2. The Residential Zoning Variances requested by the applicants included the following:
• ZV(R)2024-0082) is to allow 57% Front Lot Coverage (total) instead of the allowed 40% Front Lot Coverage (total) for an existing driveway in a single-family residential, typical lot.
• ZV(R)2024-0083) is to allow zero-foot (0’) side setback along a segment of the northern property line for an existing driveway in a single-family residential, typical lot.
• ZV(R)2024-0084) is to allow zero-foot (0’) side setback along a segment of the northern property line instead of the required five-foot (5’) side setback for an existing patio.
• ZV(R)2024-0085) is to allow four-foot (4’) side setback along a segment of the southern property line instead of the required five-foot (5’) side setback for an existing 9’ x 10’ storage shed on an existing concrete path.
3. The Board of Adjustment case file inlcuding the variance application, staff report, and support documentation are attached.
4. Planning and Economic Development staff, do not make recommendations on variance requests. Therefore, there is not a recommendation from staff on the resident's request.
5. City Code Section 32.034 (A) requires the concurring vote of three (3) of the members of the Board to grant any variance. Four members of the Board of Adjustment were present at the December 5, 2024 meeting (Abbandandolo, Crawl, Jones, Pitts).
6. After hearing testimony, reviewing the application as well as the statements from the applicant, the following decisions were rendered for this property:
• Residential Zoning Variance request #ZV(R) 2024-0083 failed by a 2-2 vote.
• Residential Zoning Variance request ZV(R) 2024-0082 passed on a 3-1 vote.
• Residential Zoning Variance requests ZV(R) 2024-0084, and ZV (R) 2024-0085 passed on a 4-0 vote.
7. Per Section 155.311 of the City of Pembroke Pines Land Development Code decisions of the Board of Adjustment are subject to appeal to the City Commission in accordance with the procedures set forth below:
155.311 APPLICATION APPEAL PROCESS
(A) Right to Appeal. Any party aggrieved by a decision, interpretation, or order made by the Planning and Economic Development Department Director or other administrative official, Board of Adjustment, Planning and Zoning Board, or the City Commission in administering or enforcing the provisions of the Land Development Code may appeal the decision, interpretation, or order.
(C) Appeal of Board Decisions
1. Decisions of the Board of Adjustment or the Planning and Zoning Board in quasi-judicial proceedings are subject to appeal to the City Commission by either the city, petitioner, or an affected person as defined in this code based on lack of competent and substantial evidence to support the Board's ruling.
2. Any person seeking to appeal must file a written request to appeal with the Director of Planning and Economic Development, or designee, no later than noon on the seventh calendar day following the meeting at which the Planning and Zoning Board has rendered a final decision.
3. The applicant filing the appeal shall submit a written statement to the Director of Planning and Economic Development no later than eight days before City Commission meeting at which the appeal shall be heard. This written statement shall state with specificity why the appellant believes that the Planning and Zoning Board's decision was not based on competent and substantial evidence. This written statement shall be included in the agenda for the City Commission meeting at which time the appeal shall be heard
4. The person filing the appeal shall bear the cost of all advertising and notice requirements associated with the appeal.
5. The appeal shall be presented to the City Commission as soon as practicable, subject to the notice requirements and procedures set forth herein, for a final determination as to whether or not there was competent and substantial evidence to support the Board's ruling.
8. Consistent with code requirements, the applicant, has submitted the required documentation to appeal the BOA decisions to the City Commission. See attached request for Appeal letter dated December 10, 2024
9. The verbatim Board of Adjustment minutes are provided in the backup paperwork. The video of the Board of Adjustment meeting can be accessed through the following link. https://ppines.granicus.com/player/clip/978?redirect=true
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None.
b) Amount budgeted for this item in Account No: Not Applicable
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project: Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.