Davie council approves variance to convert barn to art studio, requires annual inspections for seven years

The Town of Davie Town Council on Feb. 19 approved variance application V24-168, allowing an owner at 10101 Southwest 40th Street to convert an existing outbuilding into an art studio with a bathroom and stairs, with conditions that the structure be used only as an art studio and that the town conduct annual inspections for seven years.

Stan Shachney, the architect and general contractor for the project, described the site and work to the council: ‘‘We have an existing home that we just completely renovated, and there's a small 2 stall barn that's not used. The owner is a professional quilter, and she's trying to convert that into an art studio for her work.’’ He added the shower is intended to allow the owner to ‘‘wash off instead of having to walk through the yard to get to the house.’’

Council members questioned whether the renovation could lead to an unintended secondary dwelling. One council member said their ‘‘main concern was when I see this happening, is that somewhere down the road, this is gonna turn into a residence.’’ Shachney and staff repeatedly said the applicant has no plans for a kitchenette or separate living quarters: ‘‘No. No. It's strictly as an art studio,’’ he said.

Town staff noted technical constraints: because the site is in a regulated flood plain the floor will be raised roughly 9 to 10 inches to meet FEMA requirements, and building-code issues drive some of the zoning analysis. A member of the building department, William Diaz, advised that certain attic and storage uses must comply with the Florida Building Code.

After debate over whether the application demonstrated a zoning ‘‘hardship,’’ councilmembers agreed to a compromise condition offered during the discussion. Councilmember Starkey moved to approve the variance with the stipulation that the outbuilding ‘‘shall be used only as an art studio and not as a single-family residence’’ and that the town conduct yearly inspections for a seven-year period; Mayor Paul seconded the motion. The roll-call vote was recorded as unanimous and the motion passed.

Clarifying details recorded during the hearing include that the renovation will keep the existing roofline while raising the floor to meet flood-plain elevation requirements, will add stairs in place of a ladder to improve safety, and will connect the studio bathroom to the existing septic system. Council also asked staff to include the use restriction and annual-inspection requirement in the variance approval conditions.

Ending: Council approved the variance with the conditions as stated; staff indicated that code enforcement and building officials will be responsible for follow-up inspections and for responding if the property is later used in violation of the stipulation.