Title
ZV(R)2025-0023
Jose Echemendia, 8751 NW 15 Street (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION/BACKGROUND:
Jose Echmendia, owner, submitted a residential zoning variance request to propose new construction for the property located at 8751 NW 15 Street in the Boulevard Heights neighborhood, which is zoned residential single-family (R-1C).
On February 14, 2025, the property owner submitted Building Permit Application No. RO25-01529 to build a 13’ x 22’ open sided roofed structure, attached to the rear wall of the house; however, the application cannot be approved as the proposed work exceeds the limitations of the City’s Land Development Code (LDC).
Per the proposed plan, the structure will be encroaching over three-foot (3.10’) into the required fifteen-foot (15’) rear setback; as result, the petitioner is specifically requesting:
• ZV(R)2025-0023: to allow eleven-foot, three-inch (11’ - 3”) rear setback along a segment of the rear property line instead of the required fifteen-foot (15’) rear setback for a proposed twenty-two by thirteen-foot (22’ - 16’) roofed structure, attached in a single-family residence, typical lot.
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 Boulevard Heights neighborhood. There is no Homeowners Association (HOA) where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0023) is to allow eleven-foot, three-inch (11’ - 3”) rear setback along a segment of the rear property line instead of the required fifteen-foot (15’) rear setback for a proposed twenty-two by thirteen-foot (22’ - 16’) roofed structure, attached in a single-family residence, typical lot.
Code Reference:
ZV(R)2025-0023)
155.421.3: Residential Single-Family (R-1C)
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.