Title
ZV(R)2024-0096 - 0098
Ricardo Montalvan, 7190 SW 13 Street (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Ricardo Montalvan, owner, submitted three residential zoning variance requests to legalize existing construction at the residence located at 7190 SW 13 Street in the Pines Village Neighborhood, which zoned Residential Single-Family (R-1C).
On April 18, 2024, the City’s Code Compliance Division cited the property (Case No. 230401759) for work performed without permits.
In May, the owner submitted Building Permit Application No. RO23-06208 to attempt to legalize the existing construction at the property; however, the permit application cannot be approved as the existing work exceeds the limitations of the City’s Land Development Code (LDC)
As of result of the existing work at the property, the applicant would like to request:
• ZV(R)2024-0096: to allow two-foot (2’) street side setback instead of the required 15’ street side setback for existing 13’ x 24.6’ roofed structure, attached.
• ZV(R)2024-0097: to allow five-foot (5’) rear setback instead of the required 15’ rear setback for existing 15’ x 19.5’ roofed structure, attached
Per staff review of the city’s archives, no building permits can be found for the work on the property detected via Code Case. Staff reviewed city’s archives and gathered copies of historical surveys for permits issued by the city (1998 - 2005) The information collected confirms changes through the years for previous ownerships (see attached) Broward County Property Appraiser Imagery shows the existing roofed structures in violation had existed at the property since at least December 2020.
The applicant is presenting a modification sketch on the existing survey proposing changes to existing conditions at the property. Per the plan, the owner will be executing the following:
• Demolishing (2) existing sheds located to the southeast corner of the lot.
• Reducing the existing concrete along the eastern property line to provide the code required five-foot setback.
• Removing an existing roofed structure located on the east side of the property.
As result of the original request and per the updated survey, it was noticed the existing driveway does not match the approved permit from 1998. Staff via research and available imagery, determined the existing driveway was modified between 1998 and 2000. The driveway had existed at the property in such condition since that time. The applicant, is requesting:
• ZV(R)2024-0098: to allow two-foot (2’) side setback along the western property line instead of the required five-foot (5’) side setback for existing driveway at single-family residential lot.
The petitioner is aware that Board consideration of a residential variance request does not preclude the property owner from obtaining all necessary development related approvals or permits.
The subject property is in Pines Village, the applicant has confirmed no HOA exists for the neighborhood.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0096) is to allow two-foot (2’) street side setback instead of the required 15’ street side setback for existing 13’ x 24.6’ roofed structure, attached.
ZV(R)2024-0097) is to allow five-foot (5’) rear setback instead of the required 15’ rear setback for existing 15’ x 19.5’ roofed structure, attached.
ZV(R)2024-0098) to allow two-foot (2’) side setback along the western property line instead of the required five-foot (5’) side setback for existing driveway at single-family residential lot.
Code References:
ZV(R)2024-0096-0097)
Table 155.421.3: Residential Single-Family (R-1C)
Standard, Residential
Rear Setback, 15 feet
Street Side Setback, Corner Lots: 15 feet
ZV(R)2024-0098)
Table 155.620 Accessory Building and Structures
Type, Driveway, Typical Lot,
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.