Title
ZV(R)2025-0049 & 0050
Nuvia Abigantus
13791 NW 23 Street (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCIPTION / BACKGROUND:
Nuvia Abigantus, owner, submitted two residential zoning variance requests to propose the construction of a new driveway for the single-family residence located at 13791 NW 23 Street in the Pembroke Falls Neighborhood, which is zoned Planned Unit Development (PUD) The property follows the PUD guidelines for Single-Family with lots 8,250 Square Feet. The PUD does not address driveways, front lot coverage, so the provisions of the City’s Land Development Code (LDC) apply.
In November 10, 2025, the owner submitted Driveway Permit Application No. RX25-10690 to construct a circular driveway at the property; however, the plan cannot be approved as the proposed driveway exceeds the limitations of the City’s Land Development Code (LDC).
The petitioner submitted a plan proposing and requesting:
• ZV(R)2025-0049: to allow 45% 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.
• ZV(R)2025-0050: to allow 46% width of lot instead of the required 40% width of lot 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 petitioner provided a copy of the Homeowners Association (HOA) Letter dated August 26, 2025.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0049) is to allow 45% total front lot coverage (total) instead of the required 40% front lot coverage (total) for a proposed circular driveway on a residential single-family property.
ZV(R)2025-0050) is to allow 46% width of lot instead of the required 40% width of lot for a proposed circular driveway on a residential single-family property.
Code References:
ZV(R)2025-0049-0050)
Table 155.620 Accessory Building and Structures
Type, Driveway, Circular, Maximum Dimensions, 40% front lot coverage, 40 % width of lot
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.