Title
ZV(R)2023-0073 - 0076, Martha Camba, 11440 NW 23 Street
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Martha Camba, owner, submitted four residential zoning variance requests to legalize an existing circular driveway and attached covered patio for the single-family residence located at 11440 NW 23 Street in the Pembroke Lakes neighborhood.
On May 14, 2021, the City’s Code Compliance Division cited the property owner (Case No. 127688) for a circular driveway, covered patio and fence built without building permits.
On October 12, 2021 the owner submitted a building permit application (BUL-259398) to legalize the constructed driveway. The building permit was approved, and the permit issued; however, building inspections failed as the approved plans did not match the conditions on the field (refer to building permit report, approved layout, attached) The owner submitted a survey showing the unpermitted work, the document revealed the existing circular driveway exceeded the size approved in the building permit issued on February 2, 2023.
• ZV(R) 2023-0073: to allow a 67% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing circular driveway in a typical single-family residential lot.
• ZV(R) 2023-0074: to allow a 48% of lot’s width instead of the allowed 40% width of lot for an existing circular driveway at a typical single-family residential lot.
The above requests for the driveway at the property were heard by the Board on August 3, 2023 Meeting where the owner was directed to reconsider their request and to possibly provide an alternative plan to reduce further the amount of paving in the front of the house. Per the updated plan, the applicant now is requesting:
• ZV(R) 2023-0073: to allow a 58% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing circular driveway in a typical single-family residential lot.
• ZV(R) 2023-0074: to allow a 42% of lot’s width instead of the allowed 40% width of lot for an existing circular driveway at a typical single-family residential lot.
Also, the survey document depicts an existing fifty feet, 3 inch (50’ - 3”) by eight feet, eleven inches (8’ - 11”) concrete patio located along the east side of the home building, located closer than required five feet (5.0’) side setback. Per staff research and Broward County Property Appraiser Imagery, it was found the sixty feet by nine feet (60’- 9’) attached covered patio is extending closer than the required seven and a half (7’ - 6 “) side setback along a portion of the eastern property line.
Specifically, the owner is requesting the following:
• ZV(R) 2023-0075: to allow one foot, ten inches (1’ - 10”) side setback along a portion of the eastern property line instead of the required five feet (5’) side setback for an existing patio.
• ZV(R) 2023-0076: to allow three feet, two inches (3’ - 2”) side setback along a portion of the eastern property line instead of the required seven and a half feet (7’ - 6”) side setback for an existing attached covered patio in a typical single-family residential lot.
The applicant is aware that Board consideration of residential variance request does not preclude the property owner from obtaining all necessary development related approvals or permits. This request does not include any landscape exemptions.
The subject property is in the Pembroke Lakes neighborhood. Per City’s registered Homeowner’s Association, there is no registered HOA.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0073) is to allow a 67% front lot coverage (total) instead of the allowed 35% total front lot coverage for an existing circular driveway in a typical single-family residential lot.
ZV(R) 2023-0074) is to allow a 48% width of lot instead of the allowed 40% width of lot for an existing circular driveway at a typical single-family residential lot.
ZV(R) 2023-0075) is to allow one foot, ten inches (1’ - 10”) side setback along a portion of the eastern property line instead of the required five feet (5’) side setback for an existing patio.
ZV(R) 2023-0076) is to allow three feet, two inches (3’ - 2”) side setback along a portion of the eastern property line instead of the required seven and a half feet (7’ - 6”) side setback for an existing attached covered patio.
Code References:
ZV(R) 2023-0073)
Table 155.620 Accessory Building and Structures
Type, Driveway, Circular, Maximum Dimensions, 35% front lot coverage
ZV(R) 2023-0074)
Table 155.620 Accessory Building and Structures
Type, Driveway, Circular, Maximum Dimensions, 40 % width of lot
ZV(R) 2023-0075)
Table 155.620 Accessory Building and Structures
Type, Deck or patio, Setback, Side, 5 feet
ZV(R) 2023-0076)
Table 155.421.3 Residential Single Family (R-1C)
Standard, Residential, Side Setback, 7.5 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.