Title
ZV(R)2025-0025 & 0026
Dean Tomlinson
400 NW 91 Avenue (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCIPTION / BACKGROUND:
Dean Tomlinson, owner, submitted two residential zoning variance requests to legalize an existing shed at the property located at 400 NW 91 Avenue in the Westview neighborhood, which is zoned Single-Family Residential Zoning District (R-1C).
On January 14, 2025, the City’s Code Compliance Division cited the property (Code Case No. 250100061) for work performed without building permits.
Per the sketch on the survey, there is an existing 8’ x 8’ shed on a concrete slab located on northwest corner of the property, the applicant specifically is requesting:
- ZV(R)2025-0025: Four-foot (4’) side setback along a segment of the northern side property line instead of the required five-foot (5’) side setback for an existing 8’ x 8’ shed in a residential single-family, typical lot.
- ZV(R)2025-0026: Two-foot (2’) rear setback along a segment of the rear property line instead of the required five-foot (5’) for an existing 8’ x 8’ shed in a residential single-family, typical lot.
Per staff review of the city’s archives, no permit information can be found for the shed; however, per Broward County Property Appraiser Imagery, the shed had existed at location since at least 1998. (See property images).
The applicant is aware that Board consideration of residential variance requests does not preclude the property owner from obtaining all necessary development-related approvals or permits.
Per the City’s HOA list, there is no HOA in the neighborhood where the property is located.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0025) to allow four-foot (4’) side setback along a segment of the northern side property line instead of the required five-foot (5’) side setback for an existing 8’ x 8’ shed in a residential single-family, typical lot
ZV(R)2025-0026) is to allow two-foot (2’) rear setback along a segment of the rear property line instead of the required five-foot (5’) for an 8’ x 8’ existing shed in a residential single-family, typical lot.
Code References:
ZV(R)2025-0025)
Table 155.620 Accessory Building and Structures
Type, Shed, Setback, Side, 5 feet
ZV(R)2025-0026)
Type, Shed, Setback, Rear, 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.