Title
ZV(R)2025-0001 & 0002
Gordon & Lisa Aubry, 1181 NW 81 Avenue (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT BACKGROUND/DESCRIPTION:
Lisa Aubry, owner, submitted two residential zoning variance requests to legalize existing construction at the property located at 1181 NW 81 Avenue in the Boulevard Heights neighborhood, which is zoned Single-Family Residential Zoning District (R-1C).
On August 13, 2024, the City’s Code Compliance Division cited the property (Code Case No. 220300858) for work performed without building permits.
On June 5, 2024, the owner submitted building permit application No. RO24-06252 to attempt to legalize the existing 10.5’ x 18.3’ open sided structure, attached to the house’s eastern side wall. The project also included the installation of a paver patio at grade. However, the building permit application cannot be approved as the existing work encroaches into the required side setbacks.
As result of the work performed at the property, the petitioner is specifically requesting:
• ZV(R)2025-0001: to allow two-foot, four-inch (2’ - 4”) side setback along a segment of the northern side property line instead of the required seven and a half foot (7.5’) side setback for approximately 10.5’ x 18.3 existing open sided structure, attached.
• ZV(R)2005-0002: to allow two-foot, eight-inch (2’ - 8”) side setback along a segment of the northern side property line instead of the required five-foot (5’) side setback for a 10.5’ x 18.3 existing patio.
Per staff review of the city’s archives, no permitting information can be found for the structure at location. Per Broward County Property Appraiser Imagery, the structure has existed at location since at least December 2022 (see property changes).
As part of the requests, the petitioner provided a copy of “As Built” survey indicating removal of an existing structure located at the southeast corner of the property.
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.
Per the City’s HOA list, there is no HOA in the neighborhood where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0001) is to allow two-foot, four-inch (2’ - 4”) side setback along a segment of the northern side property line instead of the required seven and a half foot (7.5’) side setback for approximately 10.5’ x 18.3 existing open sided structure, attached.
ZV(R)2005-0002) is to allow two-foot, eight-inch (2’ - 8”) side setback along a segment of the northern side property line instead of the required five-foot (5’) side setback for a 10.5’ x 18.3 existing patio.
Code References:
ZV(R)2025-0001)
Table 155.421.3: Residential Single-Family (R-1C)
Standard, Residential, Side Setback, 7.5 feet
ZV(R)2025-0002)
Table 155.620 Accessory Building and 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.