Title
ZV(R)2025-0022
Nicole Best
9761 SW 12 Street (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Nicole Best, owner, submitted a residential zoning variance request to legalize existing construction for the single-family residence located at 9761 SW 12 Street in the Lakeside Key community, which is zoned Residential Single-Family, Zero Lot (R-1Z).
In March 8, 2023, the City’s Code Compliance Division cited the property for work performed without building permits, Code Case No. 230301040.
On July 11, 2024, the owner submitted Building Permit Application No. RX24-07962 to construct an open sided structure (freestanding) at the property; however, the permit application cannot be approved as the existing work exceeds the limitations of the City’s Land Development Code (LDC).
The owner provided a copy of the updated property’s survey and a modification plan addressing existing zoning unconformities due to the non-permitted work. Per the plan, there will be removal of the excess of paving material into the required five-foot rear setback; also, the applicant would like to retain an existing 14’ – 7” x 23’ – 10” (348 SF) open sided structure, freestanding, located fifteen-feet west of the existing screened pool area approved via Permit No. 22616664 (2006).
As result of the existing construction at the property, the petitioner is requesting:
- ZV(R)2025-0022: to allow an existing 348 SF open sided structure (freestanding) instead of the allowed 200 SF for Open Sided Structure (Free Standing) in a residential single-family property, zero lot.
Per staff search of city’s archives, there are no building permits for the detected work at the property. Per Broward County Property Appraiser Imagery, the patio footprint and open sided structure, freestanding had existed on the property since at least March 2020 and December 2021 respectively (See Property Changes).
The petitioner 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 subject property is in Lakeside Key neighborhood. The owner has provided a copy of the Homeowners Association Letter dated June 24, 2025.
VARIANCE REQUEST DETAILS:
ZV(R) 2025-0022) is to allow an existing 348 square feet Open Sided Structure (Free Standing) gazebo instead of the required 200 square feet maximum allowed Open Sided Structure (Free Standing) in a residential single-family, zero lot line property.
City Code Reference:
ZV(R)2025-0022)
Table 155.620 Accessory Building and Structures
Type, Open Sided Structure (Free Standing), Maximum Dimensions, 200 square 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.