Title
ZV(R)2026-0034
Omar Jackson
1540 NW 182 Terrace (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Omar Jackson, owner, submitted a residential zoning variance request to legalize an existing pool deck and patio for the property located at 1540 NW 182 Terrace in the Silver Lakes neighborhood, zoning designated PUD (Planned Unit Development). The PUD guidelines do not address pool decks, as result, the provisions of the City’s Land Development Code (LDC) apply.
On July 18, 2026, the owner submitted Building Permit Application No. RX26-06705 to install a privacy fence at the property. During the building permit plan review process, the survey document revealed that the existing pool deck had expanded over time and was encroaching into the required rear and side setbacks.
Upon notification of this condition, the owner voluntarily submitted a modification plan adjusting the southern side setback to meet the LDC’s required five-foot (5’); the plan includes increase of the existing +/- one-foot (1’) to three-foot (3’) rear setback. These modifications reduce the amount of the existing encroachments; however, the pool deck and patio layout remains partially non-compliant with the applicable setback standards.
As a result of the existing conditions and the proposed modifications to the pool deck and patio, the petitioner would like to ask:
• ZV(R)2026-0034: to allow three-foot (3’) setback along a segment of the rear property line instead of the required five-foot (5’) rear setback for an existing pool deck and patio in a single-family residential property, typical lot.
Per staff search of the city’s archives, no permit information can be found for the detected work; however, a copy of the survey utilized to reference swimming pool and deck location for building permit (No. 22800174, complete 12/2008) is included. Per Broward County Property Appraiser, the deck and patio at location had existed in a similar fashion since at least 2018 (See property changes).
The petitioner 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 Silver Lakes neighborhood. No Homeowners Association (HOA) Letter has been provided.
VARIANCE REQUEST DETAILS:
ZV(R)2026-0034) is to allow three-foot (3’) rear setback instead of the required five-foot (5’) rear setback for an existing swimming pool deck and patio in a single-family residential property, typical lot.
City Code Reference:
Table 155.620 Accessory Building and Structures
Type, Deck or Patio, Setback, Rear, 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.