Title
ZV(R)2026-0028
Edgardo Merlano
17231 SW 12 Street (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCIPTION / BACKGROUND:
Edgardo Merlano, property owner, submitted a residential zoning variance request to legalize the construction of a driveway for the single-family residence located at 17231 SW 12 Street in the Silver Lakes neighborhood, which is zoned Planned Unit Development (PUD). The PUD guidelines do not address driveways nor front lot coverage. The provisions of the City’s Land Development Code (LDC) apply to the property.
On February 11, 2025, Code Compliance cited the property for work done without a building permit (Code Case No. 250200452).
In March 12, 2025, the owner submitted building permit application No. RX25-02442 for the driveway at the property; however, the existing driveway cannot be approved as it exceeds the limitations of the City’s Land Development Code (LDC).
The petitioner submitted a modification plan reducing the driveway’s footprint and driveway width for the following request:
• ZV(R)2026-0028: to allow 46% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for a proposed circular driveway on a residential single-family property, typical lot.
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.
The petitioner provided a copy of the Homeowners Association (HOA) Letter dated July 24, 2025.
VARIANCE REQUEST DETAILS:
ZV(R)2026-0028) is to allow 46% front lot coverage (total) instead of the required 40% front lot coverage (total) for a proposed circular driveway on a residential single-family property, typical lot.
Code Reference:
ZV(R)2026-0028)
Table 155.620 Accessory Building and Structures
Type, Driveway, Circular, Maximum Dimensions, 40% front lot coverage
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.