Title
ZV(R)2026-0035
Daniel & Janet Kooperman
13752 NW 10 Court (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Daniel Kooperman, owner, submitted a residential zoning variance request for a proposed circular driveway for the property located at 13752 NW 10 Court. The property is part of the Pembroke Falls Planned Unit Development (PUD) and follows the guidelines for single-family lots with a minimum size of 7,150 Square-Foot (SF). The PUD does not address front lot coverage; therefore, the provisions of the City’s Land Development Code (LDC) apply.
On March 25, 2026, the owner submitted building permit application No. RX26-02642 to construct a circular driveway at location; however, the permit application cannot be approved as the proposed project exceeds the limitations of the City’s LDC. The owner provided a plan for the following request:
• ZV(R)2026-0035: to allow 45% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for a proposed circular driveway in a single-family residential, typical lot.
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 is property in Pembroke Falls. See HOA Letter dated June 9, 2026.
VARIANCE REQUEST DETAILS:
ZV(R)2026-0035) is to allow 45% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for an existing circular driveway in a single-family residential, typical lot.
Code Reference:
Table 155.620 Accessory Building and Structures
Type, Driveway, Circular, Maximum Dimensions, 40% front lot coverage
VARIANCE DERTERMINATION:
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.