Title
ZV(R)2024-0082 - 0085
Max Probst & Yahaira Manon, 2220 NW 93 Way, (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION/BACKGROUND:
Yahaira Manon, owner, submitted four residential zoning variance requests to legalize existing construction at the property located at 2220 NW 93 Way in the Rainbow Lakes Neighborhood which is zoned Residential Single-Family (R-1C).
On October 10, 2023, the City’s Code Compliance cited the property (Case No. 231003975) for work performed without building permits.
In March 18, 2024, the owner submitted a building permit application (No. RX24-02852) to construct a driveway at the property; but, the building permit cannot be approved as the existing driveway exceeds the limitations of the City’s Land Development Code (LDC).
As a result, of the existing work at the property, the applicant is requesting:
• ZV(R)2024-0082: to allow 57% Front Lot Coverage (total) instead of the allowed 40% Front Lot Coverage (total) for an existing driveway in a single-family residential, typical lot.
• ZV(R)2024-0083: to allow zero-foot (0’) side setback along a segment of the northern property line for an existing driveway in a single-family residential, typical lot.
After reviewing the applicant’s initial request and, per the property survey, it was detected an existing patio and a storage shed on an existing concrete path. The existing structures encroach into the required five-foot side setback; as a result of the changes done at the property, the petitioner would like to include the following requests:
• ZV(R)2024-0084: to allow zero-foot (0’) side setback along a segment of the northern property line instead of the required five-foot (5’) side setback for an existing patio.
• ZV(R)2024-0085: to allow four-foot (4’) side setback along a segment of the southern property line instead of the required five-foot (5’) side setback for an existing 9’ x 10’ storage shed on an existing concrete path.
Per staff review of the city’s archives, no building permits can be found for the work detected via code case violation. However, copies of historical surveys utilized for building permits have been gathered, confirming the driveway, concrete path and shed had existed in a similar form at location (see surveys, attached) Per Broward County Property Appraiser Imagery, the patio (northern side) appeared at location since at least in December 2023.
Planning and Economic Development staff have assisted the applicant to identify potential modifications to the existing non-permitted work that could be done to meet the regulations of the City’s Land Development Code. The petitioner is presenting an “As Built” survey showing the existing conditions at the property.
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.
The property is in the Rainbow Lakes neighborhood, there is no HOA.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0082) is to allow 57% Front Lot Coverage (total) instead of the allowed 40% Front Lot Coverage (total) for an existing driveway in a single-family residential, typical lot.
ZV(R)2024-0083) is to allow zero-foot (0’) side setback along a segment of the northern property line for an existing driveway in a single-family residential, typical lot.
ZV(R)2024-0084) is to allow zero-foot (0’) side setback along a segment of the northern property line instead of the required five-foot (5’) side setback for an existing patio.
ZV(R)2024-0085) is to allow four-foot (4’) side setback along a segment of the southern property line instead of the required five-foot (5’) side setback for an existing 9’ x 10’ storage shed on an existing concrete path.
Code References:
ZV(R)2024-0082-0085)
Table 155.620 Accessory Building and Structures
Type, Driveway, Typical Lot, Maximum Dimensions, 40% front lot coverage
Type, Driveway, Typical Lot, Setback, Side, 5 feet
Type, Shed, Setback, Side, 5 feet
Type, Deck or Patio, Setback, 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.