Title
ZV(R)2024-0094
Gregory Guerra & Andrea Montejo, 1249 SW 159 Terrace (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION/BACKGROUND:
Andrea Montejo, owner, submitted a residential zoning variance request to propose a circular driveway for the single-family residence located at 1249 SW 159 Terrace in the Pembroke Shores neighborhood, which is zoned Planned Unit Development (PUD). The property follows the guidelines for single-family conventional with lots larger than 8,800 SF (SF-1) The PUD does not address driveways, front lot coverage; as result, the provisions of the City’s Land Development Code (LDC) apply.
On September 10, 2024, the owner submitted Building Permit Application No. RX24-10671 to build a circular driveway at the property, but the permit cannot be issued as the proposed work exceeds the limitations of the City’s LDC. Per the plan, the owner is requesting:
ZV(R)2024-0094: to allow 50% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for a proposed circular driveway on a residential single-family property, typical lot.
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 subject property is in Pembroke Shores. The owner provided a copy of the Homeowners Association (HOA) Letter, dated September 18, 2024.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0094) is to allow 50% front lot coverage (total) instead of the required 40% front lot coverage (total) for a proposed circular driveway on a residential single-family property, typical lot.
Code Reference:
Table 155.620 Accessory Building and Structures
Type, Driveway, Circular, Maximum Dimensions, 40% front lot coverage
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.