Notice of Meeting

Board of Adjustment Pembroke Pines, FL

January 3, 2013

The regular meeting of the BOARD OF ADJUSTMENT was called to order by Chairman Ryan on Thursday, January 3, 2013 at 6:30 P.M., in the City Commission Chambers, Pembroke Pines

Municipal Center, 10100 Pines Boulevard, Pembroke Pines, Florida.

Present to wit: Chairman Ryan, Members Hendry, Goggin, and Monroig, and Alternate Member Amps Absent: Vice Chairman Rodriguez-Soto, Also Present: Assistant City Attorney Stacy Weinger, Dean Piper, Zoning Administrator, and Board Secretary Katherine Borgstrom.

Board Secretary declared a quorum present.

LEGAL INSTRUCTION:

Assistant City Attorney Stacy Weinger explained the hearing process to the audience and applicants. The hearing is quasi judicial and all testimony taken is under oath. The Board has the right to ask witnesses questions that the Board deems relevant to the application. At the conclusion of the hearing, the Board will consider testimony and evidence and enter an order. Three votes are needed to approve a variance. The decisions are appealable to the City Commission of Pembroke

Pines only.

[Board Secretary’s Note: Interested parties were sworn under oath to give testimony in the relevant causes by Board Secretary.]

APPROVAL OF MINUTES

On a motion by Member Goggin, seconded by Member Hendry, to approve the minutes of the

October 4, 2012 meeting as received, the following vote was recorded:

AYE: Chairman Ryan, Members Hendry, Goggin, and Monroig, Alternate Member Amps

NAY: None

Motion Passed

NEW BUSINESS: VARIANCES:

Board of Adjustment January 3, 2013 Page 1

VARIANCE FILE NUMBER: ZV 2012-38

PETITIONER: Tracey Meredith

ADDRESS: 7690 NW 16 Court Pembroke Pines, FL 33024

SUBJECT PROPERTY: 7690 NW 16 Court Pembroke Pines, FL 33024

LEGAL DESCRIPTION: Lot 10, Block 8 of the BOULEVARD HEIGHTS SECTION EIGHT Plat as recorded in Plat Book 57, Page 9 of the Public Records of Broward County, Florida.

VARIANCE REQUESTED: Petitioner is requesting variances to allow: ZV 2012-38 (A) two accessory structures instead of the allowed one accessory structure; (B) a 360 square foot storage shed instead of the allowed 100 square foot storage shed; (C) a 200 square foot tiki hut instead of the allowed 100 square foot tiki hut; (D) a 0 foot side (west) yard setback instead of the required five (5) foot side yard setback for a storage shed; (E) a 0 foot rear yard setback instead of the required five (5) foot rear yard setback for a storage shed; (F) a 0 foot side (east) yard setback instead of the required five (5) foot side yard setback for a tiki hut; (G) a 0 foot side (east) yard setback instead of the required five (5) foot side yard setback for a deck; (H) a 0 foot side (east) yard setback instead of the required five (5) foot side yard setback for pavers; (I) a 0 foot side (west) yard setback instead of the required five (5) foot side yard setback for pavers; (J) a 0 foot rear yard setback instead of the required five (5) foot rear yard setback for pavers; and (K) 45% lot coverage for primary and accessory structures instead of the allowed 40% lot coverage for primary and accessory structures.

REFERENCES: ZV 2012-38 (A – J) § 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. (H) In all residential districts except A-1, RR, E-1, R-3, R-4, and R-6, only one accessory building is permitted which shall not exceed 100 square feet. In the A-1, RR, E-1, R-3, R-4, and R-6 districts, all accessory uses, storage sheds, and accessory buildings, except structures for housing livestock, up to 150 square feet in area shall be located at least five feet from any plot line and at least 15 feet from any street line. Also in the A-1, RR, E-1, R-3, R-4 and R-6 districts, only one storage container shall be permitted. Storage sheds and accessory buildings over 150 square feet and storage containers shall be

Board of Adjustment January 3, 2013 Page 2 subject to the limitations on location of a principal building and shall not be placed in any required yard. For purposes of this section, fall-out shelters and garages shall not be deemed accessory buildings. ZV 2012-38 (K) § 155.106(C) ONE FAMILY DWELLING (R-1A THROUGH R-1C) DISTRICTS. (C) Coverage. The combined area occupied by all principal and accessory buildings shall not exceed 40% of the area of the plot. ('69 Code, App. A § 18.3)

Tracey Meredith Petitioner spoke to the request. Petitioner stated she had received permission in 1988 through variance request to build a shed that was 12 x 12. She stated it was built by and permits pulled by Ted’s Sheds, and that the company is now out of business. A search for the permit and variance approval by the City did not find the paperwork. In 1999 the tiki hut put in by Seminoles.

Petitioner did not get permit for building for tiki hut. Petitioner stated the pavers were already in when the home was purchased. Because of code violation for the rebuilding of the shed, which had been enlarged while rebuilding it, she requested a magistrate’s meeting but there was no ruling. Petitioner was told to seek variance through Board of Adjustment. Dean Piper stated that the permit would be considered void because the repairs were actually replacement of walls and enlarged the structure, even if the permit could be found. Petitioner had neighbors sign letter saying they have no objection to the shed and the neighbors on both sides are the same families that lived in the homes in 1988.

Petitioner stated she stores medical equipment in sheds and has the paved yard because her mother, who also lives in the home, cannot walk on grass, thus this enables the mother to enjoy the entire backyard.

Board members who spoke to the request were Chairman Ryan, Members Monroig, Goggin,

Hendry, and Amps. Concerns focused on the fact that the rear yard has no drainage for rain water.

Dean Piper stated the set back measurements were not available at time of advertising so Zero was used, but most are two and a half feet to three and a half feet. Members also had concerns that this is the most built up home in the neighborhood, questioned if property appraisal meets the same square footage of the building and with there being no HOA in Boulevard Heights that would put the property under the City’s ordinances and Petitioner is extensively over the City ordinance regulations. Dean

Piper did state that the addition for the mother was permitted and that all the utilities on the property run

Board of Adjustment January 3, 2013 Page 3 in the front yard only, with none in the backyard. Petitioner stated she did not believe she would be able to remove any of the sheds or pavers, as she believes she needs them for the comfort and wellbeing of her mother.

No one from the audience addressed the variance request.

On a motion by Member Hendry, seconded by Member Goggin, to defer the request to the

February 7, 2013 meeting when Petitioner can provide exact setback measurements to the board, the following vote was recorded:

AYE: Chairman Ryan, Members Hendry, Goggin, and Monroig, Alternate Member Amps

NAY: None

Motion Passed

VARIANCE FILE NUMBER: ZV 2012-39

PETITIONER: John Zigler

ADDRESS: 18885 NW 24 Court Pembroke Pines, FL 33029

SUBJECT PROPERTY: 18885 NW 24 Court Pembroke Pines, FL 33029

LEGAL DESCRIPTION: A portion of Tract “A” of Big Sky Plat as recorded in Plat Book 158, Page 11 of the Public Records of Broward County, Florida. AKA Lot 461 Keystone Lakes

VARIANCE REQUESTED: Petitioner is requesting variances to allow: A) a 0 foot side (east) yard setback instead of the required five (5) foot side yard setback for a paver pool deck B) a 0 foot side (east) yard setback instead of the required five (5) foot side yard setback for a roofed patio.

REFERENCE: Big Sky Planned Unit Development (PUD) Guidelines

Petitioner John Ziegler spoke to the request. Petitioner stated the patio deck and roof have not been built yet. Petitioner is seeking to enlarge the porch to utilize full use of it and that it is attached to

Board of Adjustment January 3, 2013 Page 4 the house. Petitioner stated the neighbor has signed letter of no objection and the HOA has granted approval.

Board Members who spoke to the request were Chairman Ryan, Members Goggin and Hendry.

Concerns focused on if the pavers, which are in sand, would be level to house, to which the Petitioner replied they will not be and that the room is not intended to be enclosed. Petitioner also stated the roof will match the existing roof – color and tile, and it will go over the pool.

No members of the public came forward to speak to the variance.

On a motion by Member Monroig, seconded by Member Goggin, to approve A) a 0 foot side

(east) yard setback instead of the required five (5) foot side yard setback for a paver pool deck and B) a 0 foot side (east) yard setback instead of the required five (5) foot side yard setback for a roofed patio, under section (2) (c) of SEC. 32.034, the following vote was recorded:

AYE: Chairman Ryan, Members Hendry, Goggin, and Monroig, Alternate Member Amps

NAY: None

Motion Passed

VARIANCE FILE NUMBER: ZV 2012-40

PETITIONER: Arthur and Donna MacDonald

ADDRESS: 21720 NW 8 Court Pembroke Pines, FL 33029

SUBJECT PROPERTY: 21720 NW 8 Court Pembroke Pines, FL 33029

LEGAL DESCRIPTION: Lot 16, Block 2 of Heritage City Section 1 Plat as recorded in Plat Book 76, Page 45 of the Public Records of Broward County, Florida.

VARIANCE REQUESTED: Petitioner is requesting a variance to encroach 3.82 foot into the required six (6) foot front yard setback with a porch.

REFERENCE: § 155.109 MOBILE HOME DWELLING (R-1T DISTRICTS)

Board of Adjustment January 3, 2013 Page 5

(G) Yards. (2) Front yards. Every plot shall be provided with a front yard not less than six feet in depth.

Petitioner Arthur MacDonald spoke to the request. Eric Thielen, who built the deck, also spoke.

The deck was originally the same length to the setback, they extended it along the side of the mobile home when seeking a way to re-position the steps for the use of the occupants and also to have ample space to bring furniture and other large items into the home, as the prior porch did not allow that type of access. Petition provided approval of neighbors and HOA.

Board members who spoke to the request were Chairman Ryan, Members Goggin and Hendry.

Concerns focused on the fact the work was done without a permit and that the extension takes the entire side of the home. Members asked if Petitioner would be willing to restore the porch to its original size upon selling of the property and the Petitioner agreed.

No members of the public came forward to speak to the variance.

On a motion by Member Monroig, seconded by Member Goggin, to approve A) a 0 foot side

AYE: Chairman Ryan, Members Hendry, Goggin, and Monroig, Alternate Member Amps

NAY: None

Motion Passed

VARIANCE FILE NUMBER: ZV 2012-42

PETITIONER: Jorge Castillo

ADDRESS: 1700 NW 111 Avenue Pembroke Pines, FL 33026

SUBJECT PROPERTY: 1700 NW 111 Avenue Pembroke Pines, FL 33026

Board of Adjustment January 3, 2013 Page 6

LEGAL DESCRIPTION: Lot 8, Block 20 of the PEMBROKE LAKES SECTION 2 Plat as recorded in Plat Book 81, Page 48B of the Public Records of Broward County, Florida.

VARIANCE REQUESTED: Petitioner is requesting variances to allow: (A) a 144 square foot storage shed instead of the allowed 100 square foot storage shed; (B) a 2.5 foot side yard setback instead of the required five (5) foot side yard setback for a storage shed and (C) a 2.5 foot rear yard setback instead of the required five (5) foot rear yard setback for a storage shed.

REFERENCE: § 155.049 ACCESSORY USES AND STRUCTURES; SPECIAL PROVISIONS FOR CERTAIN SCREENED ENCLOSURES WITH COVERED ROOFS. (H) In all residential districts except A-1, RR, E-1, R-3, R-4, and R-6, only one accessory building is permitted which shall not exceed 100 square feet. In the A-1, RR, E-1, R-3, R-4, and R-6 districts, all accessory uses, storage sheds, and accessory buildings, except structures for housing livestock, up to 150 square feet in area shall be located at least five feet from any plot line and at least 15 feet from any street line. Also in the A-1, RR, E-1, R-3, R-4 and R-6 districts, only one storage container shall be permitted. Storage sheds and accessory buildings over 150 square feet and storage containers shall be subject to the limitations on location of a principal building and shall not be placed in any required yard. For purposes of this section, fall-out shelters and garages shall not be deemed accessory buildings.

Petitioner Jorge Castillo spoke to the request. Petitioner stated the shed is half built that he did not have permit to begin with and when he went to get permit he discovered he needed the variance.

Petitioner has letter from neighbors giving their approval for the shed.

Board Members who spoke to the request were Chairman Ryan and Member Goggin. Petitioner was asked if the shed could be brought back to 10 x 10 size, he stated the roof and trusses are already up. Petitioner was asked if he could move the shed back within the 5 foot setback and he stated he could move the shed out of the setback. Petitioner was asked what was in the shed and he stated it is for storage of heavy machinery and that it will have no electric connections and he will install rain gutters. Dean Piper informed the board that the utilities fall on the front of the property with no easement on the side or back yard.

Sharon Zimmerman, member of the public, asked if there are height limits on sheds. Dean

Piper stated they can't be taller than the height of the primary (home) structure and that this shed complies with that regulation.

On a motion by Alternate Member Amps, seconded by Member Hendry, to approve a 144 square foot storage shed instead of the allowed 100 square foot storage shed, under section (2) (c) of

Board of Adjustment January 3, 2013 Page 7

SEC. 32.034, and petitioner agrees to bring the shed with the allowed setbacks, the following vote was recorded:

AYE: Chairman Ryan, Members Hendry, Goggin, and Monroig, Alternate Member Amps

NAY: None

Motion Passed

VARIANCE FILE NUMBER: ZV 2012-43

PETITIONER: Georgianne Hedrick

ADDRESS: 241 SW 113 Terrace Pembroke Pines, FL 33025 SUBJECT PROPERTY: 241 SW 113 Terrace Pembroke Pines, FL 33025

LEGAL DESCRIPTION: A portion of Tract “R-1” as shown on the Plat of Pembroke Lakes South, as recorded in Plat Book 119, Page 1 of the Public Records of Broward County, Florida.

VARIANCE REQUESTED: Petitioner is requesting a variance to encroach 10.3 foot into the required 15 foot side yard setback with a roofed patio.

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.

Petitioner Gerogianne Hedrick spoke to the request. Request is for a roofed patio and petitioner stated it will actually be 19 1/2 feet from the property line, but that the cement goes to 4 1/2 feet into the setback and was put in by builder. The patio is not at the level of the house and will have removable vinyl windows. Michelle Castel, representative of the contractor, also spoke. The owner of the

Board of Adjustment January 3, 2013 Page 8 neighboring property, who rents out their property, has given letter of approval and Petitioner has letters from neighbors and her doctor stating she has an allergy to grass.

Board Member who spoke to the request were Chairman Ryan and Member Goggin. Petitioner was asked if the HOA had approve and she stated they had. Dean Piper believes the letter is with the permit application. Petitioner was asked if this was a zero lot line property and Petitioner stated it is one of the few in the community that is not zero lot line.

No members of the public came forward to speak to the variance.

On a motion by Member Hendry, seconded by Member Goggin, to approve petitioner to encroach 10.3 foot into the required 15 foot side yard setback with a roofed patio, under section (2) (c) of SEC. 32.034, the following vote was recorded:

AYE: Chairman Ryan, Members Hendry, Goggin, and Monroig, Alternate Member Amps

NAY: None

Motion Passed

VARIANCE FILE NUMBER: ZV 2012-46

PETITIONER: Frank & Yvette Castillo

ADDRESS: 11701 SW 9 Court Pembroke Pines, FL 33025

SUBJECT PROPERTY: 11701 SW 9 Court Pembroke Pines, FL 33025

LEGAL DESCRIPTION: Lot 162 Eagle Creek / Portion of Tract R-4 of Pembroke Lakes South as recorded in Plat Book 119, Page 1 of the Public Records of Broward County, Florida.

VARIANCE REQUESTED: Petitioner is requesting a variance to allow a driveway width of 36.5’ (61% of lot width) instead of the required 24’ (40% of lot width) for a paver driveway.

REFERENCE: Engineering Standards Manual R-18 Residential Driveway Spacing and Dimensions

Board of Adjustment January 3, 2013 Page 9

Petitioner Frank Castillo spoke to the request. Petitioner had an original stamped concrete drive that began to break apart and his wife is handicapped, so he installed a paver driveway but expanded the width to 36.5 feet to accommodate a circular drive and to allow for several cars to be parked in the driveway and off the road way. He had the approval of the HOA to put in the driveway but he did not get permit from the City. Randy Mills, President of the HOA, also spoke for the Petitioner. Mr. Mills explained further that Mr. Castillo’s home is at the front entrance corner to the community and due to the way the community was designed, and that the streets are private property, there is very little off roadway parking. The Association allows on street parking because of the lack of swale area. The HOA believes the driveway improves the property and the safety of the neighborhood as it allows more turning room for large vehicles like garbage collection vehicles.

Members of the Board that spoke to the request were Chairman Ryan, Members Hendry,

Monroig and Goggin. Mr. Mills was asked about guest parking in the community and he stated that Mr.

Castillo’s home is at least 1/2 mile from guest parking. Members were presented photos and asked for clarification if the work has been completed and if the photos are of the completed work, which

Petitioner confirmed they were the completed work. Members acknowledged the driveways in this community are very small. Members asked staff to send the Association a letter asking them to inform the community residents that they must get permits from the City of Pembroke Pines before any construction work is done, even if the HOA has approved the work.

No member of the public came forward to speak to the variance.

On a motion by Member Hendry, seconded by Member Monroig, to approve a variance to allow a driveway width of 36.5’ (61% of lot width) instead of the required 24’ (40% of lot width) for a paver driveway, under section (2) (a) of SEC. 32.034, the following vote was recorded:

AYE: Chairman Ryan, Members Hendry, Goggin, and Monroig, Alternate Member Amps

NAY: None

Motion Passed

Board of Adjustment January 3, 2013 Page 10

ADJOURNMENT:

Meeting was adjourned by consent at 7:58 P.M.

Respectfully submitted:

CITY OF PEMBROKE PINES BOARD OF ADJUSTMENT

Katherine Borgstrom ______Katherine Borgstrom Board Secretary

Board of Adjustment January 3, 2013 Page 11