Title
ZV(R)2025-0003
Vosjon Vajda & Katie Bludau, 8860 NW 7 Street (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Vosjon Vajda, owner, has submitted a residential zoning variance request to legalize existing construction at the property located at 8860 NW 7 Street in the Westview neighborhood, zoned residential single-family (R-1C).
On December 28, 2023, the owner submitted Building Permit No. RX23-16056 to construct a driveway at the property. The permit application was reviewed and approved for a 25’ x 20’ wide driveway and walkway; however, on November 5, 2024, during building permit inspections, the engineering division noted the existing construction exceeded the footprint of the approved plan; subsequently, the inspection failed, and no further inspections have taken place since. (see approved plan, attached)
As result of the deviation in the construction of the approved plan the owner is requesting:
• ZV(R)2025-0003: to allow a 50% Font Lot Coverage instead of the required 40% Front Lot Coverage for existing driveway, walkway and entryway in a residential single-family, typical lot.
As part of the petition, the applicant is presenting an adjustment plan reducing the paving at the front of the house from the existing 57% (+/-) to the proposed 50% front lot coverage; also, the plan, includes the correction of an existing shed and paving located at the southeast corner of the lot from the required five-foot (5’) side and rear setbacks (see plan, attached).
Staff review of the city’s archives find no building permit(s) for the detected work at the property; however, Broward County Property Appraiser Imagery shows the driveway, walkway, entryway as altered had existed on the property since at least December 2020, and the shed since 2000 or earlier.
The property is currently under code violation (Case No. 230301448, initiated October 10, 2024) for work done without permits. 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 Westview Neighborhood. There is no HOA(s) in the community where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0003) is to allow 50% Font Lot Coverage instead of the required 40% Front Lot Coverage for existing driveway, walkway and entryway in a residential single-family, typical lot.
Code Reference:
ZV(R)2025-0003)
Table 155.620 Accessory Building and Structures
Type, Driveway, Typical Lot, Maximum Dimensions, 40% front 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.