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ZONING BOARD OF APPEALS
Meeting Date: SEPTEMBER 17, 2026
title
VARIANCE - POMPANO 4301 LLC
projectinfo
Request: Variance
P&Z# 26-11000015
Owner: Pompano 4301 LLC
Project Location: 4301 NE 11 Ave
Folio Number: 484213020700
Land Use Designation: I (Industrial)
Zoning District: I-1 (General Industrial)
Commission District: 2 (Rhonda Sigerson-Eaton)
Agent: Raphael Levy
Project Planner: Scott Reale
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Summary:
The Applicant Landowner is requesting a Variance from Section 155.5203.F.3 of the Pompano Beach Zoning Code in order to reduce the required Type C perimeter buffer along the south and west property lines, which abut the Highlands Scrub Natural Area, from 25 feet to 20 feet and 2.5 feet, respectively, on the existing industrial site, to accommodate necessary vehicular circulation, parking, access to the existing vehicular bays, and garbage removal.
The subject property is located along the west side of the 4300 block of NE 11th Avenue in the Highlands.
ZONING REGULATIONS
TABLE 155.5203.F.3: REQUIRED BUFFER TYPES AND STANDARDS
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property is located at 4301 NE 11th Avenue and is developed with an approximately 12,700-square-foot industrial building in the I-1 (General Industrial) zoning district with an underlying Industrial land use designation. The building was constructed around 1980, and the most recent site and landscape plan of record dates back to 2003, prior to the 2004 annexation of the Highlands area into the City of Pompano Beach. The property is situated within an area containing a mix of industrial, residential, and park-related zoning districts. The south and west property lines directly abut the Highlands Scrub Natural Area.
2. There is an active code violation associated with the subject property (Case No. 25-09001100) for work performed without the required permits, including an expanded parking area. The Applicant has submitted this Variance application and Building Permit Application No. BP25-00003751 in connection with efforts to bring the site into compliance with applicable development regulations.
3. The Applicant requests a Variance from the Type C perimeter buffer requirements along the south and west property lines. Specifically, the Applicant proposes to reduce the required 25-foot-wide buffer to 20 feet along the south property line and 2.5 feet along the west property line. According to the Applicant, the requested reductions are necessary to maintain vehicular circulation, parking, access to existing vehicular bays, and garbage collection operations associated with the existing industrial development.
4. According to the Applicant, the existing building and associated site improvements were developed under a site configuration that relied, in part, upon an unpaved alleyway along the western side of the property. The Applicant states that the alleyway to the west and right-of-way to the south were subsequently vacated by Broward County in 1999 (ORB 30198, PG 305), thereby reducing the area available for vehicular circulation and site improvements around the building. The Applicant further states that approximately 26 feet and 2 inches exists between the western wall of the building and the west property line and contends that compliance with the full 25-foot buffer requirement would leave insufficient area to accommodate functional vehicular access and on-site operations.
5. With respect to the extent of the requested relief, the Applicant contends that the proposed reductions represent the minimum necessary to maintain reasonable use and operation of the existing industrial site. The Applicant states that a minimum 20-foot-wide circulation aisle is necessary to provide access around portions of the building, including access to existing vehicular bays and the on-site garbage collection area.
6. The required Type C buffer is intended to provide separation and visual screening between potentially incompatible uses and zoning districts. Because the requested reductions occur along property lines adjoining the Highlands Scrub Natural Area, the Board should consider whether the proposed reduction in buffer width would remain consistent with the purpose and intent of the Zoning Code and whether it could adversely affect the adjacent natural area or surrounding properties. The Applicant contends that the affected areas are located along the side and rear of the property are not visible from the public right-of-way. The Applicant further contends that maintaining adequate vehicular circulation would improve the functionality and safety of the existing site.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• I-1 | warehouse/distribution/internet sales
Surrounding Properties (Zoning District | Existing Use):
• North: I-1 | storage warehouse
• South: PR | Highlands Scrub Natural Area
• West: PR | Highlands Scrub Natural Area
• East: NE 11th Avenue, followed by RS-3 | single-family residential
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 and substantial evidence to satisfy the eight Variance review standards, staff recommends the Board include the following conditions as part of the Order:
1. The Applicant shall obtain all necessary governmental permits and approvals, including Building and Zoning Compliance permits, prior to commencement of construction.
2. Development shall be in substantial compliance with the site plan submitted in support of this Variance application, including the site plan associated with Building Permit application BP25-00003751.
3. The approved reductions to the Type C perimeter landscape buffer shall be limited to the specific areas depicted on the plans submitted in support of this Variance application.
4. Approval of this Variance shall not be construed as approval of any other deviation from the requirements of the Pompano Beach Zoning Code.