File #: 23-0377    Version: 1 Name:
Type: BOA Status: Agenda Ready
File created: 5/22/2023 In control: Planning and Zoning Board
On agenda: 6/1/2023 Final action:
Title: ZV(R)2023-0050 - 0052, Alexander & Marisela Munoz, 18851 NW 24 Court
Attachments: 1. 23-0377 (Munoz)
Title
ZV(R)2023-0050 - 0052, Alexander & Marisela Munoz, 18851 NW 24 Court

Summary Explanation and Background

SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:

Alexander Munoz, owner, submitted three residential zoning variance requests to legalize an existing driveway and patio for the single-family residence located at 18851 NW 24 Court in Keystone Lake neighborhood. The property is part of the Big Sky Planned Unit Development (PUD) and follows PUD Zone SF-2 (single-family zero-lot line) guidelines. The PUD does not address driveways, patios, or decks, but it establishes “a perpetual seven foot (7’) wide easement for the maintenance of the wall on the lot adjacent to the zero-lot line, which, with the exception of landscaping shall be kept clear of structures”. The provisions of the City’s Land Development Code (LDC) apply when PUD guidelines are silent.
On October 10, 2022, the owner submitted a building permit application (No. RX22-07828) to replace the originally “as built” driveway and walkway at the property (like for like) The permit was approved, issued, inspections satisfied, and the permit was completed on December 6th 2022.
In March 3rd, 2023, the City’s Code Compliance Division initiated Code Compliance procedures (Case No. 230301073, in progress) for a patio built without a building permit; also, the code case notes tree(s) removed without approval.
The owner submitted a survey showing the unpermitted work and it was revealed it exceeded the building permit completed in December 2022. Per the survey, the existing paving along the sides of the home’s building is extending closer than required five feet (5’) setbacks and encroaching into the perpetual maintenance easement; in addition, the work performed on the front of the home exceeds total front lot coverage. Mr. Munoz, via building permitting and HOA approval, is willing to modify the existing pool deck/patio along the sides and rear property lines so they are five feet (5’...

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