Title
ZV(R)2024-0039 - 0042
Mark & Evelyn Gonzalez, 6131 SW 195 Avenue (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Mark Gonzalez, owner, submitted four residential zoning variance requests to legalize existing construction for the property located at 6131 SW 195 Avenue in the Laguna Isles neighborhood. The property is part of the Big Sky North Planned Unit Development (PUD) and follows PUD Zone SF-3 (single-family conventional lot) guidelines. The PUD does not address front lot coverage, patios, setbacks; therefore, the provisions of the City’s Land Development Code (LDC) apply.
On June 30, 2023, the City’s Code Compliance Division cited the property (Case No. 230602732) for work performed without permits.
As of result of the existing work at the property, the applicant would like to request:
• ZV(R)2024-0039: to allow 50% front lot coverage (total) instead of the required 40% front lot coverage (total) for an existing driveway on a single-family residence, typical lot.
• ZV(R)2024-0040: to allow 50% of lot’s width instead of the of the required 40% width of lot for an existing driveway in a residential, single-family, typical lot.
• ZV(R)2024-0041: to allow zero-foot (0’) augmenting to one-foot (1’) side setback along a segment of the northern property line for existing patio.
• ZV(R)2024-0042: to allow zero-foot (0’) side setback along a segment of the southern property line for an approximately five-foot by thirteen (5’ x 13’) existing patio.
Per staff review of the city’s archives, no building permits can be found for the work detected via the code compliance case; however, Broward County Property Appraiser Imagery confirms the driveway and patio, as altered, have existed at the property since at least December 2020.
Planning and Economic Development staff assisted the applicant to identify potential changes to the property’s existing conditions that could be done to meet the provisions of the City’s LDC. The petitioner is presenting an “As Built” property survey (attached).
The applicant 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 Laguna Isles Neighborhood. The applicant has provided a copy of the Homeowners Association (HOA) Letter, dated October 10, 2023.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0039) is to allow 50% front lot coverage (total) instead of the required 40% front lot coverage (total) for an existing driveway on a single-family residence, typical lot.
ZV(R)2024-0040) to allow 50% of lot’s width instead of the allowed 40% of lot’s width for an existing driveway in a residential, single-family, typical lot.
ZV(R)2024-0041) to allow zero-foot (0’) augmenting to one-foot (1’) side setback along a segment of the northern property line for existing patio.
ZV(R)2024-0042) to allow zero-foot (0’) side setback along a segment of the southern property line for an approximately five-foot by thirteen-foot (5’ x 13’) existing patio.
Code References:
ZV(R)2024-0039-0040
Table 155.620 Accessory Building and Structures
Type, Driveway, Typical Lot, Maximum Dimensions, 40% front lot coverage
Type, Driveway, Typical Lot, Maximum Dimensions, 40 % width of lot
ZV(R)2024-00041-0042:
Table 155. 620 Accessory Building and Structures
Type, Deck or Patio, 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.