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.