Title
ZV(R)2024-0019 - 0020
Jimmy James, 13801 NW 16 Street (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION/BACKGROUND:
Jimmy James, owner, submitted two residential zoning variance requests to legalize an existing circular driveway at the single-family residence located at 13801 NW 16 Street in the Pembroke Falls neighborhood, which is zoned PUD (Planned Unit Development) The property follows the guidelines for single-family conventional with lots larger than 8,250 Square Feet. The PUD guidelines do not address front lot coverage, driveway width; therefore, the provisions of the City’s Land Development Code (LDC) are applicable.
On July 25, 2019, and on November 19, 2023, the owner submitted Building Permit Applications No.: BUL-205904 and No. RX23-14259 to build a circular driveway at the property, the permit could not be issued as the proposed work exceeded the limitations of the City’s LDC, so the permit application expired.
In February 8, 2024 the City’s Code Compliance Division cited the property (Code Case No. 240200514) for work performed without building permits.
As result of the unpermitted, existing work at the property, the owner is requesting:
• ZV(R)2024-0019: to allow 47% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing circular driveway on a residential single-family property, typical lot.
• ZV(R)2024-0020: to allow 46% width of lot instead of the allowed 40% width of lot for an existing circular driveway on a residential single-family residential property, typical lot.
The applicant 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 subject property is in Pembroke Falls neighborhood. The owner has provided a copy of the Homeowners Association (HOA) Letter, dated September 16, 2021.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0019: is to allow 47% total front lot coverage instead of the required 35% total front lot coverage for an existing circular driveway on a residential single-family property, typical lot.
ZV(R)2024-0020: is to allow a 46% width of lot instead of the allowed 40% width of lot for an existing circular driveway on a residential single-family property, typical lot.
Code References:
ZV(R)2024-0019 & 0020)
Table 155.620 Accessory Building and Structures
Type, Driveway Circular, Maximum Dimensions, 35% front lot coverage
Type, Driveway Circular, Maximum Dimensions, 40 % width of lot
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.