Title
ZV(R)2024-0086 - 0090
Reinaldo & Gloria Morales, 8861 NW 7 Street (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Reinaldo Morales, owner, has submitted five residential zoning variance requests to legalize existing construction at the property located at 8861 NW 7 Street in the Westview neighborhood, zoned residential single-family (R-1C).
On March 7, 2024, the Code Compliance Division cited the property (Code Case No. 230301010) for work performed without building permits.
As of result of the existing work at the property, the applicant would like to request:
• ZV(R)2024-0086: to allow one-foot, six-inch (1’ - 6”) side setback along a segment of the eastern property line for existing three-foot (3’) wide walkway instead of the required two-foot (2’) side setback.
• ZV(R)2024-0087: to allow four-foot (4’) side setback along a segment of the eastern property line for an existing 8’ x 12 storage shed instead of the required five-foot (5’) side setback.
• ZV(R)2024-0088: is to allow two-foot (2’) rear setback for existing 10’ x 18’ gazebo on existing pool deck instead of the required five-foot (5’) rear setback.
• ZV(R)2024-0089: to allow two-foot (2’) street side setback for existing pool deck instead of the required five-foot (5’) street side setback.
• ZV(R)2024-0090: is to allow two-foot (2’) street side setback for existing 13’ x 29’ patio instead of the required five-foot (5’) street side setback.
Per staff review of the city’s archives, no building permits can be found for the work detected via the code compliance case; however, Broward County Property Appraiser Imagery confirms walkway, shed, patio and pool deck, as altered, have existed at the property since at least December 2018. Also, staff have gathered and included copies of historical surveys for further reference (see survey for pool permit, driveway)
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 Tanglewood Lakes Neighborhood. The applicant confirmed there are no HOA(s) in the community where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0086) is to allow one-foot, six-inch (1’ - 6”) side setback along a segment of the eastern property line for existing three-foot (3’) wide walkway instead of the required two-foot (2’) side setback.
ZV(R)2024-0087) is to allow four-foot (4’) side setback along a segment of the eastern property line for an existing 8’ x 12 storage shed instead of the required five-foot (5’) side setback.
ZV(R)2024-0088) is to allow two-foot (2’) rear setback for existing 10’ x 18’ gazebo on existing pool deck instead of the required five-foot (5’) rear setback.
ZV(R)2024-0089) is to allow two-foot (2’) street side setback for existing pool deck instead of the required five-foot (5’) street side setback.
ZV(R)2024-0090) is to allow two-foot (2’) street side setback for existing 13’ x 29’ patio instead of the required five-foot (5’) street side setback.
Code References:
ZV(R)2024-0086-0087-0088-0089-0090)
Table 155.620 Accessory Building and Structures
Type, Walkway (Single Family Lots), Setback, Side, 2 feet
Type, Shed, Setback, Side, 5 feet
Type, Deck or Patio, Street Side, 5 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.