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Commission overturns Board of Adjustment on driveway setback; variance granted for 2220 NW 93rd Way
Summary
After an appeal by the property owner, the City Commission unanimously granted a residential variance for the property at 2220 Northwest 93rd Way, reversing a 2–2 tie at the Board of Adjustment that had left the driveway setback variance denied.
The Pembroke Pines City Commission unanimously granted a residential zoning variance on appeal for property at 2220 Northwest 93rd Way, approving the driveway setback variance that had been denied at a prior Board of Adjustment hearing.
Planning staff explained the Board of Adjustment (BOA) considered four variances at the BOA hearing: a lot-coverage variance, a side-setback variance for an existing driveway, a patio setback variance and a shed setback variance. The BOA approved three of the four requests but failed to approve the driveway side-setback variance after a 2–2 vote, short of the three votes required.
Commissioner Schwartz moved to support the property owner’s appeal and grant the outstanding variance. Commissioner Schwartz said the transcript of the BOA hearing was "super clear" and recommended approval; the motion was seconded by Commissioner Rodriguez. The appellant, identified in the record as Brida(la) Manning, confirmed on the record that the letter of appeal in the meeting packet represented her appeal. The Commission voted unanimously to grant the variance.
City staff noted that the appeal was taken under Section 155.311 of the City Code; the record for the commission’s review is the evidence and testimony introduced before the Board of Adjustment. No new trial or new evidence was taken—the commission reviewed the BOA record and the appellant’s submissions before reaching its decision. The commission’s action granted the variance, resolving the outstanding permit and zoning matters for the property. No additional conditions were read into the approval during the meeting.
