Title
ZV(R)2025-0008 - 0010
Ronald A & Silvia Cuevas, Jason & Melanie Cuevas
312 SW 184 Way (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION/BACKGROUND:
Ronald Cuevas, owner, submitted three residential zoning variance requests to legalize existing construction for the property located at 312 SW 184 Way in the Estancia neighborhood, which is zoned residential single-family (R-1C).
On November 15, 2024, the property was cited for work performed without permits, Code Case No. 241103449.
The owner is pursuing to seek relief to retain an existing patio and a 31.79’ x 25’ roofed structure, attached to the rear wall of the house. The property owner is providing a copy of the property survey showing present conditions and footprint of the existing items at location. The petitioner is specifically requesting:
• ZV(R)2025-0008: to allow eight-foot and a half (8.5’) rear setback instead of the required fifteen-foot (15’) rear setback for an existing 31.79’ x 25’ roofed structure, attached in a single-family residence, typical lot.
• ZV(R)2025-0009: to allow 45% Maximum Lot Coverage (all buildings) instead of the required 40% Maximum Lot Coverage (all buildings) in a single-family residence, typical lot.
• ZV(R)2025-0010: to allow four-foot (4’) side setback along a segment of the northern property line instead of the required five-foot (5’) side setback for an existing patio. Applicant voluntarily withdrew this request at the May 1, 2025, meeting.
Per staff review of the city’s archives, no permits can be found for the existing work on the property. Nonetheless, according to Broward County Property Appraiser Imagery, it appears the patio and roofed structure have existed at location since at least December 2022 and December 2024, respectively (See property changes).
The applicant is aware that Board 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 Estancia neighborhood. The applicant has provided a copy of the Homeowners Association (HOA) Letter dated April 16, 2024.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0008) is to allow eight-foot and a half (8.5’) rear setback instead of the required fifteen-foot (15’) rear setback for an existing 31.79’ x 25’ roofed structure, attached in a single-family residence, typical lot.
ZV(R)2025-0009) is to allow 45% Maximum Lot Coverage (all buildings) instead of the required 40% Maximum Lot Coverage (all buildings) in a single-family residence, typical lot.
Code References:
ZV(R)2025-0008-0009)
155.421.3: Residential Single-Family (R-1C)
Standard, Residential, Maximum Lot Coverage, 40%
Standard, Residential, Rear Setback, 15 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.