Title
ZV(R)2025-0041
Maria L Tomas
123 SW 68 Avenue (District 1)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Luz Carmona on behalf of Maria Tomas, owner, submitted a residential zoning variance request for the property located at 123 SW 68 Avenue in the Pines Village Neighborhood which is zoned Residential Single-Family (R-1C).
On March 2, 2024, the City’s Code Compliance Division cited the property for work being performed without building permits, Code Case No. 230702833.
In March 25, 2025, the owner submitted Building Permit Application No. RA25-02898 for a carport conversion, new addition areas for master bedroom, bathroom and kitchen relocation. After reviewing the property’s documents, it was detected that the top surface of the floor of the existing home does not conform with the minimum floor elevation for residential buildings.
Per the survey document, the highest point of the crown of street is 89.76 inches (7.48’ NAVD) and the top floor of the existing residential building is 102 inches (8.50’ NAVD). The proposed plan shows all habitable areas will remain at 102 inches above the crown of the street. As result of the existing conditions and the proposed changes, the petitioner is requesting:
• ZV(R)2025-0041: to allow the top surface of the floor of a residential building to be 12.24 inches instead of the required 18 inches above the highest point of the crown of street adjacent to the lot for a carport conversion and home addition in a single-family residential, typical lot.
As part of the request, the proposed plan includes a new circular driveway, removal of existing patios along the sides encroaching into the setbacks, and the demolition of an existing shed located to the northeast corner in the rear (see property survey, proposed plan).
The applicant is aware that Board consideration of residential variance requests do not preclude the property owner from obtaining all necessary development related approvals or permits.
The property is in the Boulevard Heights Neighborhood; there is no Homeowners Association (HOA).
VARIANCE REQUEST DETAILS:
ZV(R)2025-0041: to allow the top surface of the floor of a residential building to be 12.24 inches instead of the required 18 inches above the highest point of the crown of street adjacent to the lot for an existing carport conversion and home addition in a single-family residential, typical lot.
Code Reference:
ZV(R)2025-0041)
155.6114 RELATION OF GRADE OF FLOORS TO CROWN OF STREET
The top surface of all floors of residential buildings shall be not less than 18 inches, and of nonresidential buildings shall be not less than six inches, above the highest point of the crown of all streets adjacent to the lot upon which the buildings are located.
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.