Title
ZV(R)2023-0094 & 0095, Aboud & Lori Kobaitri, 16246 NW 21 Street
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Lori Kobaitri, owner, submitted two residential zoning variance requests to legalize an existing driveway for the single-family residence located at 16246 NW 21 Street in Parkside at Spring Valley neighborhood which is zoned Residential Single-Family Zero Lot Line (R-1Z).
On January 27, 2023, the City’s Code Compliance Division cited the property owner (Case No. 230702934) for work performed without a building permit.
The applicant is requesting:
• ZV(R) 2023-0094 is to allow 49% front lot coverage (total) instead of the allowed 40% front lot coverage (total) in a zero-lot.
• ZV(R) 2023-0095 is to allow 43% width of lot instead of the allowed 40% of lot’s width for an existing driveway in a zero-lot.
City staff reviewed aerial photography from the Broward County Property Appraiser, and it appears that the driveway has existed since at least 2016. Per City’s records, there are no permits are on file for the existing driveway at the property.
The applicant is aware that Board consideration of residential variance request does not preclude the property owner from obtaining all necessary development related approvals or permits.
The subject property is in Parkside in the Spring Valley Neighborhood. The applicant has provided a copy of the Homeowner Association (HOA) approval, dated September 1, 2016.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0094) is to allow 49% front lot coverage (total) instead of the allowed 40% front lot coverage (total) in a zero-lot.
ZV(R) 2023-0095) is to allow 43% of lot’s width instead of the allowed 40% width of lot for an existing driveway in a zero-lot.
Code References:
Table 155.620 Accessory Building and Structures
ZV(R) 2023-0094)
Type, Driveway, Zero-Lot, Maximum Dimensions, 40% front lot coverage
ZV(R) 2023-0095)
Type, Driveway, Zero-Lot, Maximum Dimensions, 40 % width of lot
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.