Title
ZV(R)2024-0095
Hector Espinoza, 9930 SW 14 Street (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Hector Espinoza, owner, submitted a residential zoning variance request to legalize an existing Open Sided Structure (Freestanding) for the residence located at 9930 SW 14 Street in the Tanglewood Lakes South Neighborhood, which zoned Residential Two-Family (R-2).
On April 18, 2024, the City’s Code Compliance Division cited the property (Case No. 230401759) for work performed without permits.
As of result of the existing work at the property, the applicant would like to request:
• ZV(R)2024-0095: to allow two hundred eighty-eight Square-Foot (288 SF) instead of the allowed two hundred Square-Foot (200 SF) for an existing Open Sided Structure (Freestanding) in a two-family residential, typical lot.
Per staff review of the city’s archives, no building permits can be found for the detected work on the property. The owner provided a copy of historical survey, confirming the change (see attached) Also, Broward County Property Appraiser Imagery shows the existing open sided roofed has been present since at least December 2023.
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 Tanglewood Lakes South, the applicant has provided HOA Letter dated May 26, 2023.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0095) is to allow two hundred eighty-eight Square-Foot (288 SF) instead of the allowed two hundred Square-Foot (200 SF) for an existing Open Sided Structure (Freestanding) in a two-family residential, typical lot.
Code Reference:
Table 155.620 Accessory Building and Structures
Type, Open Sided Structure (Free Standing), Maximum Dimensions, 200 square 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.