Title
ZV(R)2024-0043 - 0046 & ZV(R)2025-0051
Yuneisy Almarales
200 SW 65 Terrace (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
VARIANCE REQUEST DETAILS:
Yuneisy Almarales, owner, submitted three residential zoning variance requests to legalize existing construction for the property located at 200 SW 65 Terrace in the Pines Village Neighborhood, which is zoned Single Family Residential (R-1C).
On July 1, 2023, the City’s Code Compliance Division cited the property (Case No. 230702737) for work performed without building permits.
On August 1, 2023, the owner submitted driveway permit application No. RX23-09836 to address the violation, and the permit was issued on April 22, 2024. During plan review, the permit documentation revealed the existence of a shed located to the north side in the rear. The shed at location did not meet required side setbacks and exceeded permissible size; also, the survey information displayed an existing patio and an open sided, roofed structure encroaching into the north side required setbacks.
As part of the driveway permit, the owner provided a letter (12/7/2023) acknowledging the existing deficiencies and supporting the correction of the existing non-conforming, unpermitted items at the property; as result, the petitioner is requesting:
• ZV(R)2024-0043: to allow 215 Square-Foot instead of the required 100 Square-Foot shed for an existing shed in a single-family residential property.
• ZV(R)2024-0044: to allow 2.9’ side setback along a segment of the northern property line for an existing 215 Square-Foot shed instead of the required five-foot side setback.
• ZV(R)2024-0045: to allow 2.9’ side setback along a segment of the northern property line for an existing patio/deck instead of the required five-foot side setback.
Per staff review of the city’s archives, no building permits can be found for the detected work on the property; however, in December 2015, the city approved Building Permit No. 1536034-0 for an (21’ x 12.7’) roofed structure, attached, and the permit was completed on May 1, 2016. Broward County Property Appraiser Imagery confirms the 215 SF shed, patio/deck, had existed in the property since at least 2000.
Staff evaluation of the approved work and the existing condition at the property shows further alteration of the permitted construction (see approved driveway, roofed structure).
As result of the existing deviations of the approved work, the petitioner submitted a new plan for the property including the extension of the altered work, adjusting, and requesting:
• ZV(R)2024-0046: to allow 3’ - 6” side setback along a segment of the northern property line instead of the required 7’ - 6” side setback for an existing open sided, roofed structure, attached.
• ZV(R)2025-0051: to allow 51% Front Lot Coverage (total) instead of the required 40% Front Lot Coverage (total) for a proposed circular driveway in a residential single-family, typical lot.
The applicant is aware that Board consideration of residential variance requests do not preclude the property owner from obtaining all necessary development related approvals or permits.
Per the City’s registered HOA list, there no HOA in the neighborhood where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0043) is to allow 215 Square-Foot instead of the required 100 Square-Foot shed for an existing shed in a single-family residential property.
ZV(R)2024-0044) is to allow 2.9’ side setback along a segment of the northern property line for existing 215 Square-Foot shed.
ZV(R)2024-0045) is to allow 2.9’ side setback along a segment of the northern property line for existing patio/deck.
ZV(R)2024-0046) is to allow 3’ - 6” side setback along a segment of the northern property line instead of the required 7’ - 6” side setback for an existing open sided, roofed structure, attached.
ZV(R)2025-0051) is to allow 51% Front Lot Coverage (total) instead of the required 40% Front Lot Coverage (total) for a proposed circular driveway in a residential single-family, typical lot.
Code References:
ZV(R)2024-0043-0045; ZV(R)2025-0051
Table 155.620 Accessory Building and Structures
Type, Shed, Setback, Side, 5 feet, Maximum Dimensions, [1] 100 square feet
Type, Deck or Patio, Setback, Side, 5 feet,
Type, Driveway, Circular, Setback, Side, 5 feet, Maximum Dimensions, 40% front lot coverage
ZV(R)2024-0046)
Table 155.421.3: Residential Single-Family (R-1C)
Standard, Residential, Side Setback, 7.5 feet [2] An existing legal lot of 60 feet wide or less, side setback shall be at least five feet. [3] Side setback shall increase by one foot for every two feet in height of the building or structure exceeding 20 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.