Title
ZV(R)2025-0019 - 0021
Leo Jurado, 1374 SW 179 Terrace (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Leo Jurado, owner, submitted three residential zoning variance requests to propose the construction of a swimming pool and screen enclosure at the single-family residence located at 1374 SW 179 Terrace in the Silver Lakes neighborhood, which is zoned PUD (Planned Unit Development). The property is governed by the PUD for Single Family Homes with minimum lot size of 5,000 SF or greater; the PUD Architectural Guidelines, Section (II) (S) (1) also specifically addresses swimming pools, screen enclosures setbacks.
On March 13, 2025, the owner submitted Building Permit Application No. RX25-02494, RX25-02219 to build a swimming pool, deck and screen enclosure at the property. The plans for the permit were reviewed but cannot be approved as the proposed location for the project does not meet the PUD guidelines nor the provisions of the City’s Land Development Code (LDC). The applicant is requesting:
• ZV(R)2025-0019: to allow five-foot (5’) to edge of water along a segment of the rear property line instead of the required seven-foot (7’) to edge of water for a proposed swimming pool in a single-family residential property, zero-lot.
• ZV(R)2025-0020: to allow three -foot (3’) side setback without a privacy wall instead of the required 5’ side setback for proposed pool deck and screen enclosure in a single-family residential property, zero-lot.
• ZV(R)2025-0021: to allow three-foot (3’) rear setback instead of the required five-foot (5’) rear setback for a proposed pool deck and screen enclosure in a single-family residential property, zero-lot.
The petitioner 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 Silver Lakes neighborhood. The owner has provided a copy of the Homeowners Association (HOA) Letter, dated March 5, 2025.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0019) is to allow five-foot (5’) to edge of water along a segment of the rear property line instead of the required seven-foot (7’) to edge of water for a proposed swimming pool in a single-family residential property, zero-lot
ZV(R)2025-0020) is to allow three-foot (3’) side setback without a privacy wall instead of the required 5’ side setback for proposed deck and screen enclosure in a single-family residential property, zero-lot.
ZV(R)2025-0021) is to allow three-foot (3’) rear setback instead of the required five-foot (5’) rear setback for a proposed deck and screen enclosure in a single-family residential property, zero-lot.
City Code References:
ZV(R)2025-0019)
Silver Lakes PUD Guidelines.
Architectural Guidelines, Single Family / Townhomes (II) (S) Pools, Spas and Screen Enclosures: “The edge of water of any pool or spa should be a minimum of seven (7) feet from any rear property line for non-waterfront or lots not abutting the twenty-five-foot landscape buffer.”
ZV(R)2025-0020 & 0021)
Table 155.620 Accessory Building and Structures
Pool, Side, 5 feet
Screen Enclosure, Rear, 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.