Title
ZV(R)2023-0062 & 0063, Susy Corona, 11601 NW 15 Court
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Susy Corona, owner, has submitted two residential Zoning Variance requests for an existing concrete deck or patio at the single-family residence at 11601 NW 15th Court in Pembroke Lakes, which is zoned Residential Multi-Family (R-MF). Per the provided survey, the location of the existing items are on the east and west side yards of the house.
On February 3, 2023, the City’s Code Compliance Division initiated Code Compliance procedures (Case No. 230200575) for work performed without building permits.
Ms. Corona has is requesting the following variances to legalize the existing deck or patio on the east and west sides of her house:
• ZV(R)2023-0062 is to allow a one feet (1’) side setback along the eastern property line instead of the required five feet (5’) for an existing deck or patio.
• ZV(R)2023-0063 is to allow a three feet (3’) side setback along the western property line instead of the required five feet (5’) for an existing deck or patio.
Per staff findings of City records, in 2018, Building Permit #1860879-0 (copy in folder) replaced an asphalt driveway with pavers within the existing shape and dimensions of the asphalt driveway. This permit was closed out with a passed Final Inspection on September 20, 2018.
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.
There is no active Homeowner’s Association.
VARIANCE REQUEST DETAILS:
ZV(R)2023-0062: to allow a one feet (1’) side setback along the eastern property line instead of the required five feet (5’) for an existing deck or patio.
ZV(R)2023-0063: to allow a three feet (3’) side setback along the western property line instead of the required five feet (5’) for an existing deck or patio.
Code References:
Table 155.620 Accessory Building and Structures
ZV(R)2023-0062 & 0063))
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.