Title
ZV(R)2024-0099 & 0100
Jose Mori & Luz Mori TR, 20207 SW 54 Place (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Jose Mori, owner, submitted two residential zoning variance requests to propose the installation of a new shed at the property located at 20207 SW 54 Place in The Trails neighborhood, which is zoned Residential Estate (R-E).
The owner is proposing a 12’ x 24’ (288 SF) storage shed to be placed at the northwest corner of the property. The City’s Land Development Code (LDC) in the Residential Estate Zoning Districts (R-E) allows to have a shed larger than two hundred square feet (200 SF) setback twenty five-foot (25’) from rear and side property lines. The applicant is specifically asking the following:
• ZV(R)2024-0099: to allow eighteen-foot (18’) rear setback along a segment of the northern property line instead of the required 25’ rear setback for proposed 12’ x 24’ storage shed.
• ZV(R)2024-0100: to eighteen-foot (18’) side setback along a segment of the western property line instead of the required 25’ side setback for proposed 12’ x 24’ storage shed.
The petitioner is aware that BOA 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 The Trails Neighborhood. The applicant has provided a copy of the Homeowners Association (HOA) Letter, dated December 11, 2024.
VARIANCE REQUEST DETAILS:
ZV(R) 2024-0099) is to allow Eighteen-Foot (18’) rear setback along a segment of the northern property line instead of the required 25’ rear setback for proposed 12’ x 24’ storage shed.
ZV(R) 2024-0100) is to Eighteen-Foot (18’) side setback along a segment of the western property line instead of the required 25’ side setback for proposed 12’ x 24’ storage shed.
Code References:
ZV(R)2024-0099-0100)
Table 155.420: Residential Estate (R-E)
Standard, Residential, Rear Setback, 25 feet
Standard, Residential, Side Setback, 25 feet
Table 155.620 Accessory Buildings and Structures
Type, Shed, Additional Regulations [2] If over 200 square feet it shall meet primary building setbacks
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.