Title
ZV(R)2024-0076 - 0079
Carlos & Karla Leyva, 11920 Taft Street (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCIPTION / BACKGROUND:
Carlos & Karla Leyva, owners, submitted four residential zoning variance requests to legalize existing construction at the property located at 11920 Taft Street in the Pembroke Lakes neighborhood, which is zoned Single-Family Residential Zoning District (R-1C).
On March 10, 2024, the City’s Code Compliance Division cited the property (Code Case No. 220300858) for work performed without building permits.
On March 30, 2024, the applicant submitted building permit application No. RO24-03437 to install a 20’ x 20’ metal frame awning attached to the front fascia of the house for a carport. The project also included the installation of a 4’ x 11’ metal frame awning affixed to the east side of the house (above existing door opening), projecting out four-foot (4’) from the side building line to the east property line. However, the building permit application cannot be approved as the existing work on the property exceeds the provisions of the City’s Land Development Code (LDC).
As a result of the work performed on the property, the applicant is specifically requesting:
• ZV(R)2024-0076: to allow twenty-foot (20’) encroachment into the required twenty-five-foot (25’) front setback for an existing twenty-foot by twenty-foot (20’ x 20’) awning carport, attached.
• ZV(R)2024-0077: to allow four-foot (4’) side setback encroachment instead of the allowed two and a half (2.5’) side setback encroachment along a segment of the eastern property line for existing 4’ x 11’ awning, attached.
After reviewing the applicant’s initial request and, per the property’s survey, it was detected an existing shed and a pergola along the east side property line are closer than the required five-foot setbacks (see survey attached). As a result of the existing non-conformities on the property, the owner would like to include the following requests:
• ZV(R)2024-0078: to allow zero-foot (0’) side setback along a segment of the eastern property line instead of the required five-foot (5’) side setback for an approximately six-foot by eight-foot (6’ x 8’) existing shed.
• ZV(R)2024-0079: to allow zero-foot (0’) side setback along a segment of the eastern property line instead of the required five-foot (5’) side setback for an approximately ten-foot by four-foot (10’ x 4’) existing pergola.
Per staff review of the city’s archives, no permit information can be found for the accessory structures at location (shed, carport, awning, pergola); however, according to Broward County Property Appraiser Imagery, the shed has existed at location since at least December 2007; in comparison awning and pergola appeared at the property in December 2020. The awning carport was installed in March 2024 (see property images).
Planning and Economic Development Staff assisted the applicant to identify potential modifications to the existing nonpermitted work that could be done to meet the regulations of the City’s Land Development Code. The petitioner is presenting a pre-existing survey from when the property changed ownership dated May 17, 2023, attached.
The applicant is aware that Board consideration of residential variance requests does not preclude the property owner from obtaining all necessary development related approvals or permits.
Per the City’s HOA list, there is no HOA in the neighborhood where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0076) is to allow twenty-foot (20’) encroachment into the required twenty-five-foot (25’) front setback for an existing twenty-foot by twenty-foot (20’ x 20’) awning carport, attached.
ZV(R)2024-0077) is to allow four-foot (4’) side setback encroachment instead of the allowed two and a half (2.5’) side setback encroachment along a segment of the eastern property line for existing 4’ x 11’ awning, attached.
ZV(R)2024-0078) is to allow zero-foot (0’) side setback along a segment of the eastern property line instead of the required five-foot (5’) side setback for an approximately six-foot by eight-foot (6’ x 8’) existing shed.
ZV(R)2024-0079) is to allow zero-foot (0’) side setback along a segment of the eastern property line instead of the required five-foot (5’) side setback for an approximately ten-foot by four-foot (10’ x 4’) existing pergola
Code References:
ZV(R)2024-0076)
Table 155.421.3: Residential Single-Family (R-1C)
Standard, Residential, Front Setback, 25 feet
ZV(R)2024-0077)
Table 155.634 Setback Encroachment Regulations
Type, Cornices, Eaves, Gutters, Overhangs, and retractable awnings, Maximum Setback Encroachment, Side, 1/3 of required setback
ZV(R)2024-0078-0079)
Table 155.620 Accessory Building and Structures
Type, Shed, Side, 5 feet
Type, Open Sided Structure (Free Standing), 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.