boardname
ZONING BOARD OF APPEALS
Meeting Date: NOVEMBER 20, 2025
title
VARIANCE - TOM MASON
projectinfo
Request: Variance
P&Z# 25-11000019
Owner: Tom Mason
Project Location: 627-631 S Dixie Hwy E
Folio Number: 494202160200 & 494202160210
Land Use Designation: C (Commercial)
Zoning District: B-4 (Heavy Business)
Commission District: 3 (Alison Fournier)
Agent: Justin Gelinas
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner requests the following variances from the Pompano Beach Zoning Code:
1. Section §155.5102(D)(1) - Minimum Number of Off-Street Parking Spaces: To reduce the required number of off-street parking spaces from 11 to 3.
2. Section §155.4219(A)(2)(a) - Standards for the Sale or Rental of Vehicles: To allow an outdoor vehicle display area of 3,000 sq ft, in lieu of the maximum 500 sq ft permitted by Code.
The property is located on the west side of northbound S Dixie Highway, between SW 6th Street and SW 8th Street.
ZONING REGULATIONS
§155.5102. OFF-STREET PARKING AND LOADING
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D. Off-Street Parking Space Requirements
1. Minimum Number of Off-Street Parking Spaces
Used Automobile and Light Truck sales with outdoor display: 1 per 400 sq ft of indoor sales display area and office space
§155.4219. COMMERCIAL: MOTOR VEHICLE USES
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A. Standards Applicable to Motor Vehicle Sales, Service, and Storage Uses
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2. Motor Vehicle Sales and Service uses that include the sale or rental of new or used vehicles, trucks, and trailers shall comply with the following standards:
a. Vehicle, truck, and trailer display pads may be located within a perimeter buffer provided they comply with the following standards:
i. The use shall not have more than one display pad for every 100 feet of street frontage.
ii. The display pads shall not exceed 500 square feet in area and may be elevated up to two feet above adjacent displays or grade level.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property, developed in the mid-1970s as a warehouse (permits #3320 and #3321), consists of two lots in the Raceway Center subdivision.
2. In December 2024, the Zoning Board of Appeals (ZBA) granted a Special Exception (PZ #24-17000010) permitting Used Automobile and Light Truck Sales with Outdoor Display (Lexy’s Auto Sales). With 100 feet of frontage along S Dixie Highway, the site is limited to a 500-square-foot vehicle display area. Following approval, the applicant determined that 500 square feet allows for the display of only three to four vehicles, which is insufficient for their business operations. The applicant is now requesting an increase to 3,000 square feet of display area, which would accommodate approximately 30 vehicles.
3. Due to the limited space between the building and front lot line, the applicant is also requesting a reduction in the number of off-street parking spaces from 11 to 3. (Parking spaces used for vehicle display cannot be counted toward meeting the minimum off-street parking requirement.) The applicant asserts that the actual parking demand for customers and employees is significantly lower than what the Code requires.
4. The property has an open Code Compliance case (#23-09003796) for various violations related to vehicle storage. Fines are running and a lien was recorded on September 12, 2025.
5. While the applicant contends that strict adherence to the zoning code’s parking and outdoor display standards would unreasonably restrict use of the property due to its size and configuration, staff does not find that the request represents the minimum necessary relief to allow reasonable use of the land.
LAND USE PATTERNS
Subject Property (Zoning District | Existing Use):
• B-4 | auto dealer (Lexy’s Auto Sales)
Surrounding Properties (Zoning District | Existing Use):
• North: B-4 | school bus storage, maintenance, and repair (Pine Crest School)
• South: B-4 | paint and body shop (Pompano Paint & Body Repair)
• West: B-4 | school bus storage, maintenance, and repair (Pine Crest School)
• East: B-4 | self-storage (Public Storage)
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 demonstrating compliance with the eight variance review criteria, staff recommends the following conditions be incorporated into the Board’s Order of Approval:
1. The applicant shall obtain all required permits and approvals from the City-including but not limited to Building and Zoning Compliance permits-prior to commencement of construction or site work.
2. A detailed site plan shall be submitted identifying the dimensions and configuration of the vehicle display and off-street parking spaces.
3. All vehicles on display shall be operable and free of visible damage; wrecked, junked, or dismantled vehicles are prohibited.
4. Vehicle loading and unloading shall occur entirely on site. No portion of the operation-including vehicle storage or display-shall impede or interfere with the normal flow of traffic on S Dixie Highway, the adjacent swale, or the public sidewalk.
5. The applicant shall submit to Fire Prevention for review and approval a site plan layout of the outdoor storage area, fire department access and water supply to the site before area use.