Title
ZV(R)2025-0052
Walter & Pamela Jackson, 1441 SW 86 Avenue (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Pamela Jackson, owner, submitted a residential zoning variance request to legalize an existing structure for the single-family residence located at 1441 SW 86 Avenue in the Cinnamon Place community, which is zoned Residential Single-Family, Zero Lot (R-1Z).
In October 29, 2024, the City’s Code Compliance Division cited the property for work performed without building permits, Code Case No. 241003282.
On March 26, 2025, the owner submitted Building Permit Application No. RO25-02975 to construct a 10’ x 15’ open sided structure (attached) to the south wall of the house (nonzero lot side); however, the permit application cannot be approved as the existing work encroaches into the required side setback.
The owner provided a copy of the property’s survey sketching the location and the footprint of the structure built on the nonzero lot for the following request:
• ZV(R)2025-0052: to allow 9.6’ side setback along a segment of the southern property line instead of the required 15’ side setback for an existing 10’ x 15’ open sided structure (attached) in a residential single-family property, zero lot.
Per staff search of city’s archives, there are no building permits for the detected work at the property. Nonetheless, per Broward County Property Appraiser Imagery, the open sided roofed structure (attached) has existed on the property since at least December 2022 (See Images).
The petitioner 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 Cinnamon Place Community. The owner has provided a copy of the Homeowners Association Letter dated December 15, 2025.
VARIANCE REQUEST DETAILS:
ZV(R) 2025-0052) is to allow 9.6’ side setback along a segment of the southern property line instead of the required 15’ side setback for an existing 10’ x 15’ open sided structure (attached) in a residential single-family property, zero lot.
City Code Reference:
Table 155.422: Residential Single-Family Zero Lot Line (R-1Z)
Standard, Residential, Side Setback, 15 feet on the nonzero side
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.