Title
ZV(R)2024-0069 & 0070
Cecilio Pagan, 631 SW 100 Terrace (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Cecilio Pagan, owner, has submitted two residential zoning variance requests to legalize an existing fence and patio at the property located at 631 SW 100 Terrace in the Tanglewood Lakes neighborhood, zoned residential single-family (R-1C).
On January 23, 2024, the Code Compliance Division cited the property (Code Case No. 240100279) for work performed without building permits.
In April 16, 2024, the owner submitted fence permit application No. RX24-04203 to install a pre-fabricated metal fence at the property. As of today, the permit cannot be approved by zoning as the existing, installed fence exceeds the six-foot height limitation of the City’s Land Development Code (LDC) As result, of the performed work, the applicant is requesting:
• ZV(R)2024-0069: to allow a seven-foot, six-inch (7’ - 6”) high fence along a segment of the southern and eastern property lines instead of the required six-foot high for an existing metal fence in a residential single-family, typical lot.
After reviewing the applicant’s initial request and, per the property survey, it was detected the existing patio, contiguous to the pool deck expanded towards the street side closer than the code’s required five-foot setback (see survey); therefore, the petitioner would like to include the following:
• ZV(R)2024-0070: to allow a two-foot street side setback along a segment of the southern property line instead of the required five-foot street side setback for an existing patio for a residential single-family, typical lot.
Also, per the petitioner’s plan, there are two pergolas (Open sided roofed structure, free-standing) located on the north and south sides in the rear of the property whereby the plan provided, the structure on the north will be permanently removed, and the remaining on the south side will be permitted via building permit application No. RX24-04200 (submitted in 4/16/2024, under review pending corrections).
Per staff review of the city’s archives, no building permits can be found for the detected work at the property. Nevertheless, according to the Broward County Property Appraiser Imagery, it appears the fence and patio have existed at the property since early 2024.
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 Tanglewood Lakes Neighborhood. The applicant confirmed there are no HOA(s) in the community where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0069) is to allow a seven-foot, six-inch high fence along a segment of the southern and eastern property lines instead of the required six-foot high for an existing metal fence in a residential single-family, typical lot.
ZV(R)2024-0070) is to allow a two-foot street side setback along a segment of the southern property line instead of the required five-foot street side setback for an existing patio residential single-family, typical lot.
Code References:
ZV(R)2024-0069)
155.655 FENCES, WALLS, AND HEDGES
General Standards, 1. Residential
“(a) No fence, wall, or hedge shall be erected or maintained along or adjacent to a lot line on residentially zoned property to a height exceeding six feet in any yard…”
ZV(R)2024-0070)
Table 155.620 Accessory Building and Structures
Type, Deck or Patio, Setback, Street 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.