Title
ZV(R)2023-0089 - 0091, Eduardo Gomez, 19454 NW 24 Place
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Eduardo Gomez, owner, submitted three residential zoning variance requests to legalize an Open Sided Structure (Freestanding), and patio, both existing at the single-family residence located at 19454 NW 24 Court in the Keystone Lake neighborhood. The property is part of the Big Sky Planned Unit Development (PUD) and follows PUD Zone SF-1 (single-family conventional lot) guidelines. The PUD does not address Open Sided Structures (Freestanding) nor decks or patios; therefore, the provisions of the City’s Land Development Code (LDC) apply when PUD guidelines are silent.
On February 3, 2023, the City’s Code Compliance Division cited the property owner (Case No. 230200597) for work performed without permits.
In June 27, 2022, the owner submitted a building permit application (No. RX23-01674) to legalize the constructed driveway. The building permit was approved, inspections satisfied, and the building permit for the driveway was completed as of June 6, 2023. Nevertheless, during plan review, it was detected a new gazebo and existing underlaying deck, all altered without building permits. City staff reviewed aerial photography from the Broward County Property Appraiser, and it appears the existing modifications took place in late 2022. Per city’s archives, no permits are available for the detected work at the property’s rear.
As of result of the existing work, the applicant would like to request:
• ZV(R) 2023-0089: to allow two hundred ten Square Feet (210 SF) instead of the allowed two hundred Square Feet (200 SF) for an existing Open Sided Structure (Freestanding).
• ZV(R) 2023-0090: to allow three feet (3.59’) side setback instead of the required five feet (5.0’) for an existing Open Sided Structure (Freestanding).
• ZV(R) 2023-0091: to allow zero feet (0.0’) setback, augmenting to three feet (3.42’) side setback along a portion of the western property line instead of the required five feet (5.0’) for an approximately (70’ x 14’) existing deck.
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 Keystone Lake Neighborhood. The applicant has provided a copy of the Homeowners Association (HOA) Letters of approval, dated April 17, and May 16, 2023.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0089) to allow 210 square feet instead of the code prescribed 200 square feet for an existing Open Sided Structure, Freestanding (Gazebo).
ZV(R)2023-0090) to allow a 3 feet side (west) setback instead of the required 5 feet for an existing Open Sided Structure, Freestanding (Gazebo)
ZV(R)2023-0091) to allow zero feet side setback along a portion of the western property line instead of the required five feet (5.0’) side setback for an existing deck or patio.
Code References:
Table 155.620 Accessory Building and Structures
ZV(R)2023-0089)
Accessory Structures, Type, Open Sided Structure (Free Standing), Maximum Dimensions, 200 square feet
ZV(R)2023-0090)
Accessory Structures, Type, Open Sided Structure (Free Standing), Setback, Side, 5 feet
ZV(R)2023-0091)
Accessory Structures, Type, Deck or Patio, 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.