Title
ZV(R)2025-0039 & 0040
Pablo Atehortua & Beatriz Posada
17010 NW 20 Street (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Pablo Atehortua, owner, submitted two residential zoning variance requests to legalize an existing driveway for the property located at 17010 NW 20 Street. The property is part of the Pembroke Isles Planned Unit Development (PUD) and follows the guidelines for single-family homes, zero lot line. The PUD does not address front lot coverage and driveway width; therefore, the provisions of the City’s Land Development Code (LDC) are applicable.
On May 5, 2025, the City’s Code Compliance cited the property for work done without building permits (Case No. 250501623)
As result of the existing work at the property, the petitioner is presenting a plan depicting existing conditions at the property for the following requests:
• ZV(R)2025-0039: to allow 65% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for an existing driveway in a single-family residential, zero lot.
• ZV(R)2025-0040: to allow 60% width of lot instead of the allowed 40% width of lot for an existing driveway in a single-family residential, zero lot.
Per staff review of the city’s archives, no permit information can be found for the existing driveway at the property; nevertheless, per Broward County Property Appraiser Imagery, the driveway’s footprint had existed in similar shape since at least December 2011 (See property changes).
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 in the Pembroke Isles, the owner provided HOA Letters, dated October 25, 2025.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0039) is to allow 65% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for an existing driveway in a single-family residential, zero lot.
ZV(R)2024-0040) is to allow 60% width of lot instead of the allowed 40% width of lot for an existing driveway in a single-family residential, zero lot.
Code References:
ZV(R)2025-0039 & 0040)
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
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.