Title
ZV(R)2025-0027 & 0028
Jorge Gonzalez, 7001 SW 9 Street (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION/BACKGROUND:
Jorge Gonzalez, owner, submitted two residential zoning variance requests to legalize existing construction for the property located at 7001 SW 9 Street in the Pines Village neighborhood, which is zoned residential single-family (R-1C).
On June 3, 2025, 2024, the property was cited for work performed without permits, Code Case No. 250601874.
The owner is pursuing to retain an existing (17’ x 13’ - 4”) roofed structure, attached to house’s west side wall. The property owner is providing a copy of the property survey showing the footprint of the existing item at location. The petitioner is requesting:
• ZV(R)2025-0027: to allow five-foot (5’) side setback along a segment of the western property line instead of the required seven and a half-foot (7.5’) side setback for an existing (17’ x 13’ - 4”) open sided, roofed structure, attached in a residential single-family, typical lot.
Per the survey, it was found the existing patio, and a shed are encroaching into the required western side setback. As part of the request, the owner is providing a modification plan removing the excess of existing paving along the side property line to conform with the required five-foot (5’) side setback; the petitioner, however, would like to maintain the existing shed at the existing location and the owner is asking:
• ZV(R)2025-0028: to allow three-foot, ten-inch (3’ - 10”) side setback along a segment of the western side property line instead of the required five-foot (5’) side setback for an existing (10’ x 9.8’) shed in a residential single-family, typical lot.
Per staff review of the city’s archives, no permits can be found for the detected work on the property. Nonetheless, according to Broward County Property Appraiser Imagery, it appears the roofed structure, attached to the side and shed have existed at location since at least 1998 and 2007, respectively (See property changes).
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.
There is no Homeowners Association (HOA) in the neighborhood where the subject property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0027) is to allow five-foot (5’) side setback along a segment of the western property line instead of the required seven and a half-foot (7.5’) side setback for an existing (17’ x 13’ - 4”) open sided, roofed structure, attached in a residential single-family, typical lot.
ZV(R)2025-0028) is to allow three-foot, ten-inch (3’ - 10”) side setback along a segment of the western side property line instead of the required five-foot (5’) side setback for an existing (10’ x 9.8’) shed in a residential single-family, typical lot.
Code References:
ZV(R)2025-0027)
155.421.3: Residential Single-Family (R-1C)
Standard, Residential, Side Setback, 7.5 feet
ZV(R)2025-0028)
Table 155.620 Accessory Building and Structures
Type, Shed, Setbacks, 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.