Title
ZV(R) 2021-11, Ulises and Carol Garcia, 19347 NW 13 Street
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Ulises and Carol Garcia, owners, have submitted a variance request (ZV(R) 2021-11) to allow a proposed pool with water feature to have a 2’ rear yard setback, instead of the required 5’ rear yard setback.
This property is within the Chapel Trail Homeowner’s Master Association. The Association is waiting for the results of this item before processing the Garcia’s request.
VARIANCE REQUEST DETAILS:
ZV(R) 2021 - 11 allow a 2’ rear yard setback instead of the 5’ rear yard setback for a proposed pool with water feature.
Code Reference: § 155.049 ACCESSORY USES AND STRUCTURES; SPECIAL PROVISIONS FOR CERTAIN SCREENED ENCLOSURES WITH COVERED ROOFS.
(B) In residential districts, all accessory buildings and uses in a rear yard shall be located at least five feet from any plot line, at least 15 feet from any street line, and at least ten feet from any main building or other accessory building. For water front lots located within developments approved under the design criteria of (RS-7) single family zoning districts, accessory structures shall be allowed to extend to the zero setback side property line. These accessory structures shall include, but not be limited to, concrete slabs, paver decks, wood decks, pools and pool decks, and screen enclosures.
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 vicin...
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