Title
ZV(R)2024-0054 - 0059
Jose Casas & Ursulina Schwartz, 13351 NW 11 Street (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Jose Casas, owner, has submitted seven residential zoning variance requests to legalize driveway, patios, storage sheds, and open sided structures (freestanding), all existing on the property located at 13351 NW 18 Street. The property is part of the Pembroke Falls Planned Unit Development (PUD) and follows the guidelines for single-family homes with lots larger than 11,250 square feet. The PUD guidelines do not address front lot coverage, patios, open sided structure (freestanding); therefore, the provisions of the City’s Land Development Code (LDC) are applicable.
On June 6, 2022, the City’s Code Compliance Division cited the property for work performed without building permits (Case No. 220600494).
On February 13, 2023, the owner submitted a building permit application (No. RX23-02050) to build a driveway, patio/walkway at the property; however, the permit cannot be approved as the existing driveway, patio/walkway exceed the limitations and requirements of the City’s LDC. The applicant is requesting the following:
• ZV(R)2024-0053: to allow 61% front lot coverage (total) instead of the required 40% front lot coverage (total) for an existing driveway and walkway in a residential single-family, typical lot. (APPROVED, 155.301 (O)(1)(c) 4-0)
• ZV(R)2024-0054: to allow zero-foot (0’), augmenting to four-foot, ten-inch (4’ - 10”) side setback along a segment of the northern property line instead of the required five-foot (5’) for an existing walkway and patio. (TABLED)
• ZV(R)2024-0055: to allow one-foot, five-inch (1’ -5”), augmenting to two-foot (2’) side setback along a segment of the southern property line instead of the require five-foot (5’) side setback for an existing driveway, walkway and patio. (TABLED)
• ZV(R)2024-0056: to allow two existing storage sheds instead of the one allowed. (TABLED)
• ZV(R)2024-0057: to allow two existing open sided structures, freestanding instead of the one allowed. (TABLED)
• ZV(R)2024-0058: to allow 338 Square-Foot instead of the allowed 200 Square-Foot for the existing first open sided structure, freestanding. (TABLED)
• ZV(R)2024-0059: to allow 441 Square-Foot instead of the allowed 200 Square-Foot for the existing second open sided structure, freestanding. (TABLED)
The above variance requests were heard by the Board on September 5, 2024, meeting. The applicant was directed to reconsider the requests and to provide an alternative plan to reduce the impact of the unpermitted work at the property.
Planning and Economic Development Staff assisted the applicant to identify potential modifications that could be made to meet the regulations of the City’s Land Development Code. The petitioner is presenting an “AS BUILT” survey showing the existing conditions at the property. No modification plan is provided.
The applicant is still requesting the following:
• ZV(R)2024-0054: to allow zero-foot (0’), augmenting to four-foot, ten-inch (4’ - 10”) side setback along a segment of the northern property line instead of the required five-foot (5’) for an existing walkway and patio.
• ZV(R)2024-0055: to allow one-foot, five-inch (1’ -5”), augmenting to two-foot (2’) side setback along a segment of the southern property line instead of the require five-foot (5’) side setback for an existing driveway, walkway and patio.
• ZV(R)2024-0056: to allow two existing storage sheds instead of the one allowed.
• ZV(R)2024-0057: to allow two existing open sided structures, freestanding instead of the one allowed.
• ZV(R)2024-0058: to allow 338 Square-Foot instead of the allowed 200 Square-Foot for the existing first open sided structure, freestanding.
• ZV(R)2024-0059: to allow 441 Square-Foot instead of the allowed 200 Square-Foot for the existing second open sided structure, freestanding.
Per staff review of the city’s archives, no building permits can be found for the detected work on the property. Nevertheless, per Broward County Property Appraiser Imagery, it appears the items have existed at the property since at least 2020.
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 Pembroke Falls. The applicant has provided a copy of the Homeowner’s Association Letter, dated April 30, 2024.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0054) is to allow zero-foot (0’), augmenting to four-foot, ten-inch (4’ - 10”) side setback along a segment of the northern property line instead of the required five-foot (5’) for an existing walkway and patio.
ZV(R)2024-0055) to allow one-foot, five-inch (1’ -5”), augmenting to two-foot (2’) side setback along a segment of the southern property line instead of the require five-foot (5’) side setback for an existing driveway, walkway and patio.
ZV(R)2024-0056) is to allow two existing storage sheds instead of the one allowed.
ZV(R)2024-0057) is to allow two existing open sided structures, freestanding instead of the one allowed.
ZV(R)2024-0058) is to allow 338 Square-Foot instead of the required 200 Square-Foot for the existing first open sided structure, freestanding.
ZV(R)2024-0059) is to allow 441 Square-Foot instead of the required 200 Square-Foot for the existing second open sided structure, freestanding.
Code References:
ZV(R)2024-0053 - 0055, 0058 & 0059)
Table 155.620 Accessory Building and Structures
Type, Driveway, Typical Lot, Maximum Dimensions, 40% front lot coverage
Type, Walkway (Single Family Lots), If over 3 feet in width a 5 foot setback is required
Type, Driveway, Typical Lot, Shed, Deck or Patio, Setback, Side, 5 feet
Type, Open Sided Structure (Free Standing), Maximum Dimensions, 200 square feet
ZV(R)2024-0056 & 0057
155.620 ACCESSORY BUILDINGS AND STRUCTURES
(C) General Standards
1. Unless otherwise noted herein, a residential lot may have one of each of the following accessory buildings and structures:
(a) Shed (c) Free standing open sided structures
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.