Title
ZV(R)2023-0120 - 0123
Victor Alvarez, 16258 NW 17 Court, (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Victor Alvarez, the owner, has submitted two residential zoning variance requests for a proposed driveway and two more zoning variance requests to legalize an existing roofed structure, attached to the rear of the house’s rear wall. The property is located at 16258 NW 17 Court in the Spring Valley neighborhood, zoned single-family (R-1Z).
In October 12, 2023, the owner submitted a building permit application (No. RX23-13128) to build a driveway; however, the permit cannot be approved as the existing work exceeds the limitations of the City’s Land Development Code (LDC).
The applicant originally requested:
• ZV(R) 2023-0120 is to allow 50% front lot coverage (total) instead of the 40% for a proposed driveway in a single-family residence, zero-lot type.
• ZV(R) 2023-0121 is to allow 55% of lot’s width instead of the allowed 40% of the lot’s width for a proposed driveway in a single-family residence, zero-lot type.
After reviewing the applicant’s initial request and, per the property survey, it was detected an existing 35’ x 10’ roofed structure, attached to the rear of the house’s rear wall, closer than the required 15’ rear setback. (See survey attached).
Per staff review of the city’s archives, no permits can be found for the existing 35’ x 10’ roofed structure, attached to the rear of the house’s rear wall. Nonetheless, according to the Broward County Property Appraiser Imagery, it appears the roofed structure have existed in the location at the property since least 2004.
The owner would like to retain the existing non-permitted item at the existing location. The applicant amended the original request to include the following additional variances:
• ZV(R) 2023-0122 is to allow five-foot (5’) rear side setback instead of the required fifteen-foot (15’) rear setback for an existing 35’ x 10’ roofed structure, attached.
• ZV(R) 2023-0123 is to allow zero-foot (0’) side setback (eastern property line) without a six-foot-high concrete block privacy wall instead of the required five-foot (5’) side setback for an existing 35’ x 10’ roofed structure, attached.
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 property is in the Spring Valley neighborhood. The applicant has provided a copy of the Homeowners Association (HOA) approval for the proposed driveway.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0120 is to allow 50% front lot coverage (total) instead of the 40% for a proposed driveway in a single-family residence, zero-lot type.
ZV(R) 2023-0121 is to allow 55% of lot’s width instead of the allowed 40% of the lot’s width for a proposed driveway in a single-family residence, zero-lot type.
Code References:
Table 155.620 Accessory Building and Structures
ZV(R) 2023-0120 - 0121)
Type, Driveway, Zero-Lot, Maximum Dimensions, 40% front lot coverage
Type, Driveway, Zero-Lot, Maximum Dimensions, 40 % width of lot
ZV(R) 2023-0122 is to allow five feet (5’) rear setback instead of the required fifteen feet (15’) rear setback for an existing 35’ x 10’ roofed structure, attached.
Code Reference:
Table 155.422: Residential Single-Family Zero Lot Line (R-1Z)
Standard, Residential, Rear Setback, 15 feet
ZV(R) 2023-0123 is to allow zero-foot (0’) side setback (eastern property line) without a six-foot-high concrete block privacy wall instead of the required five-foot (5’) side setback for an existing 35’ x 10’ roofed structure, attached.
Code References:
155.621 SUPPLEMENTAL REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES.
(b) For waterfront lots located within developments approved under the design criteria of R-1Z single-family zoning districts, accessory structures shall be allowed to extend to the zero-setback side property line, excluding structures with a roof. Structures with roofs may extend to the zero-setback side property line if a six-foot-high concrete block privacy wall is installed along the entire length of the accessory structure.”
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.