Title
ZV(R)2026-0006
Dalvin & Marco Ruiz
11911 NW 22 Street (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCIPTION / BACKGROUND:
Davelin and Marco Ruiz, owners, submitted eight residential zoning variance requests to legalize existing construction at the property located at 11911 NW 22 Street in the Pembroke Lakes neighborhood, which is zoned Single-Family Residential Zoning District (R-1C).
The Board of Adjustment (BOA) during the April 2, 2026, meeting, approved seven out of the eight variances and tabled one variance request. See vote/action taken:
• ZV(R)2026-0005: to allow 4’ front setback instead of the required 25’ front setback for an existing 21.20’ x 21’ awning carport, attached. [Approved 5-0, 4/2/2026, 1553.01 (O) (c)]
• ZV(R)2026-0006: to allow 75% Front Lot Coverage (Total) instead of the required 40% Front Lot Coverage (Total) for an existing circular driveway in a single-family residential property, typical lot. (TABLED 5-0, 4/2/2026)
• ZV(R)2026-0007: to allow 49% width of lot instead of the required 40% width of lot for an existing circular driveway in a single-family residential property, typical lot. [Approved 5-0, 4/2/2026, 1553.01 (O) (c)]
• ZV(R)2026-0008: to allow 4.4' setback along a segment of the eastern side property line instead of the required 5' for an existing circular driveway in a single-family residential, typical lot. [Approved 5-0, 4/2/2026, 1553.01 (O) (c)]
• ZV(R)2026-0009: to allow 1.25' augmenting to 1.4' setback along a segment of the eastern side property line instead of the required 5’ side setback for an existing 68' x 4'-9" walkway, patio. [Approved 5-0, 4/2/2026, 1553.01 (O) (c)]
• ZV(R)2026-0010: to allow 4.6' setback along a segment of the western side property line instead of the required 5’ side setback for an existing pool deck. [Approved 5-0, 4/2/2026, 1553.01 (O) (c)]
• ZV(R)2026-0011: to allow 1.1' setback along a segment of the western side property line instead of the required 5' for an existing 55' x 6.59' walkway, patio. [Approved 5-0, 4/2/2026, 1553.01 (O) (c)]
• ZV(R)2026-0012: to allow (2) trees instead of the required (5) trees in a single-family residential property larger than 8,000 Square Feet in Area, typical lot. [Approved 5-0, 4/2/2026, 1553.01 (O) (c)]
During the meeting, the board directed the petitioners to re-evaluate ZV(R)2026-0006 for 75% front lot coverage by reducing the impact of the existing paved area located in the front of the house. The board unanimously voted (5-0) to table the request for the August 6, 2026, meeting.
Since May 2025, staff have provided guidance pertaining to the City’s Land Development Code (LDC) regulations and bringing the property into compliance. Code Compliance Cases No. 231104172, 250903042.
Per the “As Built” survey document, the petitioners still requesting:
ZV(R)2026-0006: to allow 75% Front Lot Coverage (Total) instead of the required 40% Front Lot Coverage (Total) for an existing circular driveway in a single-family residential 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.
Per the City’s HOA list, there is no HOA in the neighborhood where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2026-0006) is to allow 75% Front Lot Coverage (Total) instead of the required 40% Front Lot Coverage (Total) for an existing circular driveway in a single-family residential property, typical lot.
Code Reference:
ZV(R)2026-0006)
Table 155.620 Accessory Building and Structures
Type, Driveway, Circular, Maximum Dimensions, 40% lot coverage
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.