Title
ZV(R)2025-0033 - 0035
Arnaldo Fuentes, 8831 NW 15 Court (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Arnaldo Fuentes, owner, submitted two residential zoning variance requests to propose new construction at the property located at 8761 NW 15 Court in the Boulevard Heights Neighborhood which is zoned Residential Single-Family (R-1C).
On May 7, 2025, the owner submitted Building Permit Application No. RA25-04427 for an existing carport conversion, master bedroom addition and kitchen re-location at the east and west sides of the existing home in the rear; however, the permit application cannot be approved as the proposed work would encroach into the required side setbacks. Per the plan provided, the petitioner is requesting:
• ZV(R)2025-0033: to allow 5.42’ side setback along a segment of the eastern side property line instead of the required 7.5’ side setback for a proposed 17’ x 11.8’ master bedroom addition in a single-family residential, typical lot.
• ZV(R)2025-0034: to allow 5.74’ side setback along a segment of the western side property line instead of the required 7.5’ side setback for a proposed 17’ x 11.8’ kitchen relocation in a single-family residential, typical lot.
After reviewing the property’s documents, it was noticed the Finished Floor Elevation (FFE) of the existing home does not conform with the minimum required floor elevation for residential buildings. The plan, however, indicates the FFE of the new proposed habitable areas will match existing. The petitioner would like to include the following request for the project:
• ZV(R)2025-0035: to allow the top surface of the floor of seventeen inches (17”) instead of the required eighteen inches (18”) above the highest point of the crown of street adjacent to the lot for proposed carport conversion and home addition in a single-family residential, typical lot.
As part of these requests, the owner is including a new 16’ wide driveway and the correction of an existing walkway along the western side to be 36” wide, located 2’ inside the property line. (see property survey, proposed plan).
The applicant is aware that Board consideration of residential variance requests do not preclude the property owner from obtaining all necessary development related approvals or permits.
The property is in the Boulevard Heights Neighborhood; there is no Homeowners Association (HOA).
VARIANCE REQUEST DETAILS:
ZV(R)2025-0033) is to allow 5’ side setback along a segment of the eastern side property line instead of the required 7.5’ side setback for a proposed 16.40’ x 12’ bedroom addition in a single-family residential, typical lot.
ZV(R)2025-0034) is to allow 5.74’ side setback along a segment of the western side property line instead of the required 7.5’ side setback for a proposed 17’ x 11.8’ kitchen relocation in a single-family residential, typical lot.
ZV(R)2025-0035: to allow the top surface of the floor of 17” inches instead of the required 18” above the highest point of the crown of street adjacent to the lot for proposed garage conversion and addition in a single-family residential, typical lot.
Code References:
ZV(R)2025-0033-0034)
Table 155.421.3: Residential Single-Family (R-1C)
Standard, Residential, Side Setback, 7.5 feet [2], Note(s): [2] An existing legal lot of 60 feet wide or less, side setback shall be at least five feet.
ZV(R)2025-0035)
155.6114 RELATION OF GRADE OF FLOORS TO CROWN OF STREET
The top surface of all floors of residential buildings shall be not less than 18 inches, and of nonresidential buildings shall be not less than six inches, above the highest point of the crown of all streets adjacent to the lot upon which the buildings are located.
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.