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ZONING BOARD OF APPEALS
Meeting Date: MARCH 20, 2025
title
VARIANCE - RAM POMPANO LLC
projectinfo
Request: Variance
P&Z# 25-11000001
Owner: Ram Pompano LLC
Project Location: 900 SE 1 Street
Folio Number: 494201000120
Land Use Designation: ETOC (East Transit Oriented Corridor)
Zoning District: TO-EOD (Transit Oriented-East Overlay District)
Agent: Humberto Chavez
Project Planner: Scott Reale
otherinfo
Summary:
Applicant Landowner is requesting a VARIANCE from Section §155.5102(D)(1) [Minimum Number Of Off-Street Parking Spaces] of the Pompano Beach Zoning Code, in order to reduce the minimum required number of off-street parking spaces to fifty-one (51), rather than provide fifty-six (56) off-street parking spaces as previously approved via Administrative Adjustment #18-16000006.
The property is located west of SE 9th Avenue along SE 1st Street in the Sung Harbor neighborhood south of Atlantic Boulevard.
ZONING REGULATIONS
§155.5102. OFF-STREET PARKING AND LOADING
…
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property was developed in 1973 under Building Permit #73-9840. The property includes two buildings with 41 dwelling units (39 one-bedroom apartments and 2 two-bedroom apartments). A Certificate of Occupancy was issued on January 10, 1974, with parking provided for 62 spaces, which met the then-requirement of 1.5 parking spaces per dwelling unit. This same parking requirement of 1.5 spaces per dwelling unit remains in effect under the current zoning code.
2. In 2018, a Minor Administrative Adjustment (#18-16000006) was approved, allowing the removal of 6 parking spaces, leaving a total of 56 parking spaces. The applicant now seeks an additional reduction of 5 parking spaces, which would result in a total of 51 parking spaces.
3. The applicant cites several factors for the proposed reduction, including the expansion of the dumpster area, the addition of green space, and the need for adequate truck access and circulation. Given that the majority of the units are one-bedroom apartments, staff does not object to this reduction. The associated building permit currently in plan review (BP #24-1727) for asphalt and restriping must adhere to the required minimum parking stall dimensions of 9’ x 18’, with double-striped spaces.
4. It is important to note that the subject property currently has active code violations (Cases #21-06005116, #23-09001145, #24-09006474, 24-09006976) for various infractions, including overgrown landscaping, abandoned vehicles, and improperly identified or insufficiently surfaced parking and loading areas. While the variance request does not directly relate to these violations, the applicant must address and resolve these issues.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• TO-EOD | multi-family dwelling
Surrounding Properties (Zoning District | Existing Use):
• North: TO-EOD | multi-family dwelling and commercial/retail plaza
• South: RM-20 | multi-family dwelling
• West: TO-EOD | multi-family dwelling
• East: TO-EOD | multi-family dwelling
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 meet the eight Variance review standards, staff recommends the following conditions be included as part of the Board’s Order:
1. The applicant must obtain all necessary permits and approvals, including Building and Zoning Compliance permits.
2. The applicant must address and resolve all active code violation cases.
3. The applicant must provide 51 double-striped parking spaces with minimum dimensions of 18 feet in depth and 9 feet in width.