Title
ZV(R)2023-0092 & 0093, Lisandro Hernandez & Gloria Mateo, 16403 NW 18 Street
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Lisandro Hernandez, owner, has submitted two residential zoning variance requests to legalize an existing roofed open side patio (attached) at the property located at 16403 NW 18 Street in Parkside at Spring Valley Neighborhood which is zoned Residential Single-Family Zero Lot (R-1Z).
On December 5, 2022, the City’s Code Compliance Division cited the owner (Case No. 221202799) for work performed without building permit.
In February 16, 2023, the owner submitted a building permit application (No. RX23-02274) to build a roofed open sided patio attached to the rear of the existing home’s structure. The existing roofed open sided patio exceeds the limitations of the City’s Land Development Code (LDC), and the building permit cannot be approved; as result, the applicant is requesting the following:
• ZV(R) 2023-0092: to allow five feet (5’) rear setback instead of the required fifteen feet (15’) rear setback for an existing nine feet by twenty-four (9’ x 24’) roofed open sided attached patio in a residential single-family zero lot.
• ZV(R) 2023-0093: to allow a Maximum Lot Coverage of 47% of the lot’s area instead of the allowed 45% Maximum Lot Coverage for an existing nine feet by twenty-four feet (9’ x 24’) attached roofed open patio in a residential single-family zero lot.
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 the Spring Valley Neighborhood. The applicant has provided a copy of the Homeowners Association (HOA) approval, dated February 25, 2023.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0092) to allow five feet (5’) rear setback instead of the required fifteen feet (15’) for an existing nine feet by twenty-four (9’ x 24’) attached roofed open patio in a residential single-family zero lot type.
ZV(R) 2023-0093 to allow a Maximum Lot Coverage of 47% of the lot’s area instead of the allowed 45% Maximum Lot Coverage for an existing nine feet by twenty-four feet (9’ x 24’) attached roofed open patio in a residential single-family zero lot type.
Code References:
Table 155.422: Residential Single-Family Zero Lot Line (R-1Z)
ZV(R) 2023-0092) Standard, Residential, Rear Setback, 15 feet
ZV(R) 2023-0093) Standard, Residential, Maximum Lot Coverage, 45%
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.