Title
ZV(R)2025-00011 & 0012
Robert Saiz
7131 SW 14 Street (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Robert Saiz, owner, submitted two residential zoning variance requests for the property located at 7131 SW 14 Street in the Pines Village Neighborhood, which is zoned Single Family Residential Zoning District (R-1C).
On June 29, 2022, the property was cited for work performed without building permits, Code Case No. 220600680.
On October 20, 2022, the owner through a General Contractor submitted building permit application No. RR22-08242 to address the violation. The construction plans submitted by the applicant show the existing bathroom addition encroaching into the required seven and a half foot (7.5’) side setback; as a result, the permit application cannot be approved, and the applicant is requesting:
• ZV(R)2025-0011: to allow a seven-foot (7.0’) side setback along a segment of the eastern property line instead of the required seven and a half feet (7.5’) side setback for a bedroom addition.
As part of the initial petition, the property survey revealed a new patio, gazebo and pool deck expansion at the property. The petitioner is presenting a modification plan with the following changes:
• Permanent removal of existing gazebo(s)
• Reduction of paving along the eastern and western property lines to provide the code required five-foot (5.0’) side setbacks.
The owner, however, would like to retain an existing 12.80’ x 34.8’patio located directly to the west side of the house. The applicant includes the following request:
• ZV(R)2025-0012: to allow two-foot (2.0’) side setback along a segment of the western property line instead of the required five-foot (5.0’) side setback for an existing patio.
Per staff review, of the city’s archives, there are no building permits for the work detected via the Code Case. Staff assisted the petitioner by gathering and including historical information for the property (copy of survey used for a driveway permit, issued on October 2004 for a previous owner). Broward County Imagery confirms the home addition, patio appeared at the property since at least December 2022.
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.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0011) is to allow seven-foot (7.0’) side setback along a segment of the eastern property line instead of the required seven and a half foot (7.5’) side setback for an existing 8.3’ x 11.1’ bedroom addition.
ZV(R)2025-0012) is to allow two-foot (2.0’) side setback along a segment of the western property line instead of the required five-foot (5.0’) side setback for an existing approximately 12.80’ x 34.8’ patio.
Code References:
ZV(R)2025-0011)
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.
ZV(R)2025-0012)
Table 155.620 Accessory Building and Structures
Type, Deck or Patio, Setback, 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.