Title
ZV(R)2023-0077 - 0080, Jose Duran, 500 NW 86 Avenue
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Jose Duran, owner, submitted four residential zoning variance requests for an existing driveway, deck or patio, and a shed at the single-family residence located at 500 NW 86 Avenue in the Westview neighborhood, which is zoned R-1C (Residential Single-Family).
On February 10, 2022, the City’s Code Compliance Division cited the property owner (Case No. 230200667) for work performed without building permits.
In November 3, 2022, the property owner submitted a building permit application (RX22-08690) to legalize the completed work. The permit application and documents revealed that the existing driveway and deck exceeded the limitations of the City’s Land Development Code (LDC); therefore, the building permit application cannot be approved. The applicant is requesting the following:
• ZV(R) 2023-0077: to allow 57% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing circular driveway in a residential single-family typical lot.
• ZV(R) 2023-0078: to allow 41% width of lot instead of the allowed 40% width of lot for an existing circular driveway in a residential single-family typical lot.
• ZV(R) 2023-0079: to allow one foot (1’) side setback along a segment of the east property line instead of the required five feet (5’) setback for an existing circular driveway in a typical lot.
Per the survey, it was detected an existing (16.1’ x 8.1’) Accessory Building (shed) installed to the north side of the lot within the required five-feet side setback. City staff reviewed aerial photography from the Broward County Property Appraiser, and it appears that the existing shed has been in the property since at least 2020. The city does not have any permit records for the existing shed.
Per the owner’s proposed plan, the existing shed will be relocated five-feet, nine inches (5’-9”) away from the northern property line; however, the applicant would like to retain the existing shed dimensions. The applicant, specifically is requesting:
• ZV(R) 2023-0080: to allow a 132 square foot instead of the required 100 square feet for an existing shed located along a segment of the northern property line.
The homeowners are aware that Board consideration of residential variance requests does not preclude the property owner from obtaining all necessary development related approvals or permits.
The property is not located within a homeowner’s association.
VARIANCE REQUEST DETAILS:
ZV(R)2023-0077) to allow 57% total front lot coverage instead of the required 35% total front lot coverage for an existing circular driveway in a residential single-family typical lot.
ZV(R)2023-0078) to allow 41% width of lot instead of the allowed 40% width of lot for an existing circular driveway in a residential single-family typical lot.
ZV(R)2023-0079) to allow a one-foot (1.0’) side setback along a portion of the southern property line instead of the required five feet (5’) side setback for an existing circular driveway.
ZV(R)2023-0080) to allow 132 square feet instead of the required 100 square feet for an existing (16.1’ x 8.1’) shed.
Code References:
Table 155.620 Accessory Building and Structures
ZV(R)2023-0077)
Accessory Structures, Type, Driveway, Circular, Maximum Dimensions, 35% front lot coverage
ZV(R)2023-0078)
Accessory Structures, Type, Driveway, Circular, Maximum Dimensions, 40% width of lot
ZV(R)2023-0079)
Accessory Structures, Type, Driveway, Circular, Setback, Side, 5 feet
Table 155.620 Accessory Building and Structures
ZV(R)2023-0080)
Accessory Buildings, Type, Shed, Maximum Dimensions, [1] 100 square 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.