Title
ZV(R)2025-0044 - 0046
Evelyn and Earl Brinkley
21591 S. Heritage Circle (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Evelyn Brinkley, owner, submitted two residential zoning variance requests to legalize an existing roofed structure for the property located at 21591 S. Heritage Circle in the Holly Lake Neighborhood, which is zoned Residential Mobile Home (R-MH).
In September 17, 2024, the City’s Code Compliance Division cited the property for work performed without building permits, Code Case No. 240902754.
On April 8, 2025, the owner submitted Building Permit Application No. RR25-03393 to perform the installation of stucco finish over the existing mobile home envelope, facade; however, the permit application cannot be approved as the existing conditions at the property do not meet the requirements of City’s Land Development Code (LDC).
As result of the existing work, the petitioner would like to start the legalization process for the retention of an existing 23.61’ x 12.52’ roofed structure located at the rear of the existing mobile home unit. The owner provided a copy of the survey dated February 2, 2026, for the following requests:
• ZV(R)2025-0044: to allow a 3.85’ augmenting to 4.06’ setback along a segment of the rear property line instead of the required 8’ rear setback for an existing 23.61’ x 12.52’ roofed structure.
• ZV(R)2025-0045: to allow 0’ setback along a segment of the rear property line instead of the required 5’ rear setback for an existing stoop.
After reviewing the petitioner’s initial request and, according to the survey, further modifications to the property were detected; specifically, a portion of the building in the rear encroaching into the required side setback. As a result of the property’s existing conditions, the owner would like to include:
• ZV(R)2025-0046: to allow 3’ side setback along a segment of the eastern side property line instead of the required 4’ side setback for an existing 22’ x 9.90’ carport conversion.
Per staff search of city archives, no building permits can be found for the changes detected at the property; nevertheless, staff tracked, found and included a copy of the survey used for a building permit in 1989 for the installation of a carport and screen room (see survey, detail, attached). Broward County Property Appraiser Imagery confirmed the structures have existed on the property since at least 1998 and 2021, respectively (See Images).
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 Holly Lake neighborhood. As of today, no Homeowners Association approval has been provided for the requests.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0044) is to allow a 3.85’ augmenting to 4.06’ setback along a segment of the rear property line instead of the required 8’ rear setback for an existing 18.57’ x 12.52’ roofed structure.
ZV(R)2025-0045) is to allow 0’ setback along a segment of the rear property line instead of the required 5’ rear setback for an existing stairs / stoop.
ZV(R)2025-0046) is to allow 3’ side setback along a segment of the eastern side property line instead of the required 4’ side setback for an existing 22’ x 9.90’ carport conversion.
Code References:
ZV(R)2025-0044-0045)
Table 155.423: Residential Mobile Home (R-MH)
Standard, Residential, Side Setback, 4 feet [1]
Standard, Residential, Rear Setback, 8 feet, Note(s): [1] Open carports, driveways and stoops may be located 2 feet from the interior lot line.
ZV(R)2025-0046)
Table 155.620 Accessory Building and Structures
Type, Walkway (Single Family Lots), 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.