boardname
ZONING BOARD OF APPEALS
Meeting Date: FEBRUARY 20, 2025
title
VARIANCE - PHILLIP PEAY
projectinfo
Request: Variance
P&Z# 24-11000010
Owner: Phillip Peay
Project Location: 355 NW 33 Lane
Folio Number: 484232210380
Land Use Designation: M (Medium 10-16 DU/AC)
Zoning District: RPUD (Residential Planned Unit Development)
Agent: Phillip Peay
Project Planner: Scott Reale
otherinfo
Summary:
Applicant Landowner is requesting a Variance from the following provisions:
1. Section §155.4303(OO)(3) [Screened Enclosures with Screen Roof], of the Pompano Beach Zoning Code, to allow a screened enclosure to be located 0 feet from a rear yard lot line rather than setback a minimum of 15 feet as required by code.
2. Section §155.3602(A)(2)(a) [PD Dimensional Standards], of the Pompano Beach Zoning Code, and more specifically, the RPUD Master Plan for Residences at Palm Aire (Ordinance No. 2015-02), to provide 22% pervious area on a single-family lot rather than a minimum 30% pervious area as required by the adopted master plan.
The property is located in the Vantage at Palm Aire planned development on the west side of NW 33rd Lane, between Atlantic Boulevard and NW 5th Street.
ZONING CODE REGULATIONS
§155.4303. STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES
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OO. Screened Enclosures with Screen Roof
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3. Standards
A screened enclosure with a screen roof may be permitted in a required rear yard, provided it shall be at least 15 feet from the rear lot line.
Rezoning Ordinance 2015-02
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Exhibit B-2: RPUD Standards
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Lots with Single Family Homes shall require a minimum 30% pervious area
PROPERTY INFORMATION
1. The single-family home was constructed between 2019 and 2020 via BP #19-6101, with the final Certificate of Occupancy issued on July 23, 2020.
2. This property is part of a larger Residential Planned Unit Development (RPUD), which was approved through Rezoning Ordinance 2015-02 and Site Plan PZ: 15-12000029.
3. The property has no open code enforcement cases. There is an active building permit in plan review for a screen enclosure (BP #24-6739). However, the Zoning reviewer denied the permit due to a code requirement that screen enclosures be located at least 15 feet from a rear lot line. This denial has prompted the current Variance application.
4. PD Plans have their own development standards, such as minimum lot area, maximum impervious surface area, and required setbacks.
5. The applicant is proposing a screened enclosure of approximately 270 sq. ft. in the rear of the home with a zero (0) foot rear setback, as shown on the submitted plans. Additionally, the proposed enclosure includes a patio which would result in the lot failing to meet the minimum 30% previous area requirement outlined in the RPUD Master Plan.
6. The applicant argues that the screen enclosure is necessary due to the presence of stagnant water behind the home, which attracts a significant number of insects, limiting the use of the outdoor living space. However, the approved building permit for the subject property indicates that the home already includes a covered patio facing the waterway, which could be screened.
7. It is worth noting that the applicant previously applied for a Variance for essentially the same request in 2022 (PZ #22-11000008), but the ZBA denied the application.
LAND USE PATTERNS
Subject property (Zoning | Existing Use):
• RPUD | single-family dwelling
Surrounding Properties (Zoning | Existing Use):
• North: RPUD | single-family dwelling
• South: RPUD | single-family dwelling
• East: RPUD | single-family dwelling
• West: RPUD | water / retention pond
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:
Staff does not believe that this property is significantly unique compared to the approximately 20 other homes in this development that also face the same body of water. If any extraordinary or exceptional conditions exist, they would likely apply to all of these properties. Therefore, staff suggests that a more appropriate course of action would be for the homeowners association to request a Minor Deviation or Amendment to the approved PD Plan, allowing the requested relief to apply to all homes facing the water.
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 governmental permits and approvals, including Building and Zoning Compliance Permits.
2. The project must remain in substantial compliance with the conceptual site plan submitted with this application.
3. The patio must be constructed with pervious pavers.