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Board of Adjustment denies driveway variance for landlocked lot on Southwest 17th Place
Summary
Fort Lauderdale’s Board of Adjustment declined a requested variance that would have allowed a driveway/access to a landlocked lot at Southwest 17th Place after extensive public comment and evidence about existing easements and property history.
The Fort Lauderdale Board of Adjustment declined to grant a variance that would have allowed driveway access to a landlocked parcel at Southwest 17th Place, leaving the owner without legal access to the lot she purchased.
The applicant, property owner Honey Levy, told the board her purchase met the Unified Land Development Regulations (ULDR) criteria and appealed for relief because the parcel is landlocked and she lacks legal access. Neighbors and nearby property owners urged the board to deny access through private easements, citing existing deed and plat language that reserve the 25-foot access easement to specific lots.
The variance request centered on whether the parcel meets the ULDR standard for granting a variance to allow a driveway or flag-lot access across adjacent privately dedicated easements. Levy argued she paid about $350,000 for the lot and said she had asked the seller to undo the sale after discovering access problems; she also said her permit application is nearly approved apart from the variance.
Neighbor testimony focused on property rights, safety and neighborhood character. Resident Kelly Salsamendi summarized a zoning official’s review saying “the access cannot be through an agreement between private parties. It must be a publicly owned right of way,” and asked the board not to allow additional traffic on private Southwest 17th Place. Other neighbors, including Henry Alvarez and Martin Kessler, said the lot has been landlocked for decades and warned that driveway access could set a precedent for further subdivision or increased traffic.
Staff and board discussion reviewed recorded deeds, the Nancy Williams plat, and a warranty deed shown in county records. Staff explained that the 25-foot ingress/egress easement shown on the plat is dedicated “for the perpetual use of the above owners” of lots 1–3 of the Nancy Williams plat and that contiguous deed language gives exclusive use of part of the 25-foot easement to certain owners. Board members pressed the applicant on due diligence steps taken prior to closing and on the title and survey materials submitted.
After deliberation, a motion to approve the variance (citing ULDR section 47-24.5.d.3.e) failed on a roll call vote. Board member Fred Strassow moved to approve; the motion was seconded and lost (yes: 1; no: 6). The board made no alternative direction for access at the hearing.
Because the variance was denied, Levy remains without board-approved legal access to the parcel; she and neighbors also noted there is pending litigation between the buyer and the seller. The applicant and several public speakers submitted additional documents and asked staff to retain them for the record.
