Title
ZV(R)2025-0053
Claudio & Mercedes Loveras, 5401 SW 199 Avenue (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Orlando Dager on behalf of the property owner(s), submitted a Residential Zoning Variance Request to legalize the use of an existing accessory building for the property located at 5401 SW 199 Avenue in the Trails Neighborhood, which is zoned Residential Estate (R-E).
In November 13, 2025, the City’s Code Compliance Division cited the property for a horse being housed or stored on the property (Code Case No. 250903110).
The owner would like to address the code notice and to legalize the use of the existing accessory building for the keeping of a horse in the subject property. The petitioner provided a letter of explanation and supportive documentation for the following request:
ZV(R) 2025-0053: to allow 30' side setback along a segment of the southern property line instead of the required 50’ side setback for the keeping of a horse in an existing accessory building
Per staff search of the city’s archives, in June 2024, the Building Department reviewed, approved, and inspected the installation of the existing +/- 1,100 Square-Foot accessory building at location. The permit was finalized on July 11, 2024 (See copy of approved plan, RO23-13638)
The petitioner is aware that Board consideration of residential variance requests does not preclude the property owner from obtaining all necessary development related approvals or permits.
The applicant has provided Homeowner’s Association approval for this proposed project.
VARIANCE REQUEST DETAILS:
ZV(R) 2025-0053) is to allow 30’ side setback along a segment of the southern property line for the keeping of a horse in an existing accessory building.
Code Reference:
155.510 Domesticated Livestock and Poultry (A) (2):
Structures for livestock raising, boarding, or housing, such as barns, feed lofts, and stables, shall not be located within 100 feet of any lot line. A stable with a capacity of not over four horses may be located at least 50 feet from a side or rear lot line.
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 determine that the single-family residential variance granted is the minimum variance that will accomplish the intended purpose in accordance with above and:
A) That 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) That 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) That 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.