boardname
Zoning Board of Appeals
Meeting Date: November 17, 2022
title
VARIANCE - VERONICA THOMAS
projectinfo
Request: Variance
P&Z# 22-11000012
Owner: Veronica Thomas
Project Location: 624 NW 3rd Avenue
Folio Number: 4842 35 10 0050
Land Use Designation: LM- LOW-MEDIUM 5-10 DU/AC
Zoning District: Multiple-Family Residence 12 (RM-12)
Agent: Veronica Thomas
Project Planner: Scott Reale
otherinfo
Summary:
Applicant Landowner is requesting a Variance from Section 155.3209(C) [Intensity and Dimensional Standards of the RM-12 Zoning District], of the Pompano Beach Zoning Code, in order to construct a carport addition within the required front yard and required interior yard. Specifically, the Applicant is seeking approval of the support columns located 3 ft from an interior side lot line (with associated roof setback 5 ft from an interior side lot line), rather than located a minimum 8 ft from an interior side lot line; and the carport addition columns and roof to be located 5 ft from a front yard lot line rather than located a minimum 25 ft from a front lot line as required by code.
The property is located at the southeast corner of NW 3rd Avenue and NW 7th Street in the Northwest CRA.
ZONING REGULATIONS
§155.3209. MULTIPLE-FAMILY RESIDENCE 12 (RM-12)
C. Intensity and Dimensional Standards
Front yard setback = minimum 25 ft
Interior side yard setback = minimum 8 ft
PROPERTY INFORMATION
1. The subject property has no open code cases.
2. A Certificate of Occupancy was issued on 12/11/2014 for a 1,246 sq ft dwelling consisting of two bedrooms (BP #12-11588). As part of the approval, a 12.1 ft strip of land along the north side of the property was conveyed to the city for right-of-way dedication (Reso 2014-178) for NW 7th Street. Similarly, the property survey and city’s right-of-way maps suggest a 10 ft strip of land along the west side of the property was previously conveyed to the city for right-of-way dedication for NW 3rd Avenue. The resulting net lot area of the subject property is 5,211 sq ft. The minimum lot area of a property zoned RM-12 is 7,000 sq ft. However, a single-family dwelling can be built on a smaller lot so long as the lot and permitted structures and uses comply with all other applicable zoning standards.
3. The principal dwelling currently complies with all RM-12 setback requirements. The minimum interior side yard setback requirement is 8 ft, and the home is located 14.06 ft from the interior side yard lot line.
4. This is a revised application from the applicant’s initial request to construct a garage located only 1 ft from the interior side yard. That request went before the ZBA in August of this year; however, Fire Prevention had concerns about the structure’s proximity to a triplex on the adjacent lot as well as life safety access. Rather than outright denying the request, the Board recommended the applicant work with staff to come up with a revised plan that satisfies the Fire Marshal’s concerns.
5. Fire Prevention has since issued a revised memo which does not object to the revised site plan. The proposed carport will have columns/posts 3 ft from the interior side lot line with the roof 5 ft from the interior side lot line. Additionally, in order to accommodate Fire’s concerns, the proposed carport structure will encroach 20 ft into the required front yard, and ultimately setback 5 ft from the front lot line.
6. Staff acknowledges residential corner lots often pose development constraints. As previously stated, this property in particular had land taken for right-of-way dedication on two sides, and the principal dwelling is located in the center of the property, rendering a new carport or garage difficult if not impossible to construct without relief from setback requirements.
LAND USE PATTERNS
Subject property (Zoning | Existing Use):
• RM-12 | single-family dwelling
Surrounding Properties (Zoning District | Existing Use):
• North: RM-12 | Duplex
• South: RM-12 | Triplex
• East: RM-12 | Triplex
• West: RM-12 | Duplex
VARIANCE REVIEW STANDARDS
A Variance application shall be approved only on a finding that there is competent substantial evidence in the record that all of the following standards are met:
a) There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other lands or structures in the vicinity;
b) The extraordinary and exceptional conditions referred to in paragraph a., above, are not the result of the actions of the landowner;
c) Because of the extraordinary and exceptional conditions referred to in paragraph a., above, the application of this Code to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship;
d) The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated.
e) The extent of the Variance is the minimum necessary to allow a reasonable use of the land or structure;
f) The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit;
g) The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare; and
h) The Variance is consistent with the comprehensive plan.
Staff Conditions:
Should the Board determine that the applicant has provided competent substantial evidence to satisfy the eight Variance review standards, staff recommends the Board include the following conditions as a part of the Order:
1. Obtain all necessary governmental permits and approvals including building and zoning compliance permits.
2. Maintain an overall minimum 30% pervious area on the site.
3. Protect, relocate, or mitigate for any trees impacted by carport addition.