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Board of Adjustment approves variance to legalize carport enclosure at 1225 Ponce De Leon Drive
Summary
The Fort Lauderdale Board of Adjustment approved a variance allowing an enclosed carport at 1225 Ponce De Leon Drive to retain its existing nonconforming setback after the applicant said the owner relied on a city-issued permit.
The Fort Lauderdale Board of Adjustment on July 9 approved a variance to allow the enclosure of a carport at 1225 Ponce De Leon Drive to remain at its existing setback.
The variance was granted after the applicant said the owner relied on a city-issued permit for the carport enclosure and that the enclosure did not increase the structure’s nonconformity. "Our hardship here is that we relied on a permit that was issued by the city," said Andrew Schein, representing the property owner.
The case centered on whether the work triggered the city’s rule that alterations exceeding 50% of a nonconforming structure must meet current code. City staff told the board that a later revision to the project — converting an existing porch to air-conditioned living space — increased the project valuation and triggered the 50% threshold, requiring the variance. A city staff member explained, "When the plans were originally submitted, the back of the house had a very large porch across the back of the house ... the entire porch was all changed to air conditioned living space. And the cost of that is what bumped it over." The applicant disputed that the enclosure increased nonconformity and noted the city had initially stamped and approved plans for the enclosure.
Board members asked about the structure’s age and setbacks. Schein said the house dates to the 1950s and the carport footprint has been in place for decades; the enclosed garage would remain in the same footprint with a 2.9-foot clearance to the adjacent west property line. "The garage is staying in the exact same place the carport was for what we believe to be 70 something years," Schein said.
After discussion, the board voted to approve the variance from the dimensional requirements cited in the application; the motion passed unanimously. The board’s approval included findings that the application met the criteria for a variance; the board did not adopt language expanding the permit beyond the specific relief requested.
Because the approval concerns legal nonconforming structure rules and reliance on a previously issued city permit, the action preserves the existing building footprint while allowing the owner to retain the enclosure without requiring demolition or relocation.
The board closed the item after the vote and moved to the next case on the agenda.
