Title
REQUEST FROM CARLOS & KARLA LEYVA TO APPEAL THE BOARD OF ADJUSTMENT DECISION PERTAINING TO RESIDENTIAL ZONING VARIANCE ZV(R) 2024-0076 FOR THE PROPERTY LOCATED AT 11920 TAFT STREET.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. On November 7, 2024, the Board of Adjustment (BOA) heard an application for residential zoning variance requests from Carlos and Karla Leyva pertaining to the property located at 11920 Taft Street.
2. The following variances were heard:
• ZV(R)2024-0076) is to allow twenty-foot (20’) encroachment into the required twenty-five-foot (25’) front setback for an existing twenty-foot by twenty-foot (20’ x 20’) awning carport.
• ZV(R)2024-0077) is to allow four-foot (4’) side setback encroachment instead of the allowed two and a half (2.5’) side setback encroachment along a segment of the eastern property line for existing 4’ x 11’ awning.
• ZV(R)2024-0078) is to allow zero-foot (0’) side setback along a segment of the eastern property line instead of the required five-foot (5’) side setback for an approximately six-foot by eight-foot (6’ x 8’) existing shed.
• ZV(R)2024-0079) is to allow zero-foot (0’) side setback along a segment of the eastern property line instead of the required five-foot (5’) side setback for an approximately ten-foot by four-foot (10’ x 4’) existing pergola.
3. After hearing testimony, reviewing the applications as well as the statements from the applicant, the following decisions were made regarding the property:
• ZV(R)2024-0076) 0-4 Denial
• ZV(R)2024-0077) 4-0 Approval
• ZV(R)2024-0078) 4-0 Approval
• ZV(R)2024-0079) 4-0 Approval
4. The variance request and supporting documentation, which were presented to the Board of Adjustment, are attached to the agenda item.
5. Planning and Economic Development staff, including the City's Zoning staff, do not make recommendations on variance requests. Therefore, there is not a recommendation from staff on the resident's request.
6. Per Section 155.311 of the City of Pembroke Pines Land Development Code decisions of the Board of Adjustment are subject to appeal to the City Commission in accordance with the procedures set forth below:
155.311 APPLICATION APPEAL PROCESS
(A) Right to Appeal. Any party aggrieved by a decision, interpretation, or order made by the Planning and Economic Development Department Director or other administrative official, Board of Adjustment, Planning and Zoning Board, or the City Commission in administering or enforcing the provisions of the Land Development Code may appeal the decision, interpretation, or order.
(C) Appeal of Board Decisions
(1) Decisions of the Board of Adjustment or the Planning and Zoning Board in quasi-judicial proceedings are subject to appeal to the City Commission by either the city, petitioner, or an affected person as defined in this code based on lack of competent and substantial evidence to support the Board's ruling.
(2) Any person seeking to appeal must file a written request to appeal with the Director of Planning and Economic Development, or designee, no later than noon on the seventh calendar day following the meeting at which the Planning and Zoning Board has rendered a final decision.
(3) The applicant filing the appeal shall submit a written statement to the Director of Planning and Economic Development no later than eight days before City Commission meeting at which the appeal shall be heard. This written statement shall state with specificity why the appellant believes that the Planning and Zoning Board's decision was not based on competent and substantial evidence. This written statement shall be included in the agenda for the City Commission meeting at which time the appeal shall be heard
(4) The person filing the appeal shall bear the cost of all advertising and notice requirements associated with the appeal.
(5) The appeal shall be presented to the City Commission as soon as practicable, subject to the notice requirements and procedures set forth herein, for a final determination as to whether or not there was competent and substantial evidence to support the Board's ruling.
7. Consistent with code requirements, the applicant, has submitted the required documentation to appeal the BOA decision to the City Commission. See attached request for Appeal letter dated November 13, 2024.
8. The applicant requests City Commission action regarding Failed Residential Zoning Variance Request ZV(R) 2024-0076.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None
b) Amount budgeted for this item in Account No: Not Applicable.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project: Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.