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ZONING BOARD OF APPEALS
Meeting Date: JANUARY 15, 2026
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VARIANCE - POMPANO BEACH CRA
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Request: Variance
P&Z# 25-11000020
Owner: Pompano Beach Community Redevelopment Agency
Project Location: N Powerline Road
Folio Number: 484233020220, 484233020230, 484233020550, 484233020560, & 484233040770
Land Use Designation: C (Commercial) & L (Low 1-5 DU/AC)
Zoning District: B-2 (Community Business) & RS-3 (Single-Family Residence 3)
Commission District: 5 (Darlene Smith)
Agent: Paola West
Project Planner: Scott Reale
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Summary:
The Applicant Landowner requests variances from the Pompano Beach Zoning Code to allow development of a restaurant on vacant property, as follows:
1. Section 155.5101.G.3.a - To allow driveway access points located less than 100 linear feet from an intersection with Powerline Road (approximately 81’-10” at NW 5 Street and 0’ at NW 4 Court), where 100’ is required.
2. Section 155.5203.D.3.c.ii - To allow reduced perimeter landscaping strip widths of approximately 7 feet along portions of the Powerline Road frontage and approximately 8 inches along a portion of the west property line, where a minimum width of 10 feet is required.
3. Table 155.5203.F.3 - To allow modifications and reductions to the required Type B and Type C perimeter buffers along portions of the property, in lieu of full compliance with the prescribed buffer widths and standards.
The property is located along the west side of Powerline Road between NW 4th Court and NW 5th Street in the Northwest CRA.
ZONING REGULATIONS
155.5101. ACCESS AND CIRCULATION
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G. Vehicular Access and Circulation
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3. Vehicular Access Management
a. Limitation on Direct Access Along Arterial and Collector Streets
Direct driveway access to a development's principal origin or destination points (including individual lots in a subdivision) shall be located at least 100 lineal feet from an intersection with McNab Road, Blount Road, a principal arterial street, minor arterial street, or collector designated on the Broward County Trafficways Plan. Direct driveway access may be provided directly from a principal arterial street, minor arterial street, or local collector designated on the Broward County Trafficways Plan only if:
i. No alternative direct vehicular access from a lower-classified accessway (e.g., local street, driveway, or alley) is available or feasible to provide;
ii. Only one two-way driveway, or one pair of one-way driveways, is allowed onto lots with 200 or less feet of lot frontage on the arterial or collector street, and no more than one additional two-way driveway or pair of one-way driveways per additional 200 feet of frontage; and
iii. The development(s) served by the driveway is expected to generate an average daily traffic (ADT) count of 1,000 trips or less, or the Development Service Director determines that the origin or destination points accessed by the driveway will generate sufficiently low traffic volumes, and the adjacent arterial or collector street has sufficiently low travel speeds and traffic volumes, to allow safe driveway access while preserving the safety and efficiency of travel on the arterial or collector street.
155.5203. LANDSCAPING
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D. Vehicular Use Area Landscaping
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3. Perimeter Landscaping Strips
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c. Width
The minimum width of the perimeter landscaping strip shall be:
i. Twenty feet in industrial developments abutting a major arterial, minor arterial, or collector street;
ii. Ten feet in all other developments on lots greater than 100 feet wide; and
iii. Five feet in all other developments on lots no more than 100 feet wide.
155.5203. LANDSCAPING
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F. Perimeter Buffers
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PROPERTY INFORMATION AND STAFF ANALYSIS
1. The applicant proposes development of a 1,448-square-foot restaurant on a vacant 21,416-square-foot (0.49-acre) site comprising five adjacent parcels. A Minor Site Plan application (PZ #25-12000012) was reviewed by the Development Review Committee (DRC) on October 1 and December 3, 2025.
2. The vast majority of the site is zoned B-2 (Community Business) with a Commercial land use designation. The westernmost parcel appears to be zoned RS-3 (Single-Family Residence 3) with a Low Residential land use designation. Since only landscaping is proposed within this residentially designated area, commercial flexibility to allow a restaurant in the residential land use was not required. There are no active building permits, code enforcement cases, or Business Tax Receipts for the property.
3. The requested variances relate to vehicular access separation and minimum landscaping/buffer widths. The applicant notes physical constraints that make strict compliance impractical. These constraints include the irregular shape of the property, a narrow “pinch point” along the west side, limited frontage conditions, traffic-diverting islands on adjacent side streets, and a required right-of-way dedication along Powerline Road.
4. Staff Analysis:
• Driveway Access: The proposed driveways do not meet the 100-foot separation requirement. The southern driveway is proposed as right-out only to minimize traffic conflicts with Powerline Road.
• Perimeter Landscaping Strip: Portions of the site cannot accommodate the full 10-foot width due to the narrow lot configuration. Proposed widths are 7 feet along Powerline Road and 8 inches along the west perimeter at the narrowest point.
• Perimeter Buffers: Modifications to Type B and Type C buffers are proposed at constrained locations; the remainder of the site meets Code standards.
5. The project is consistent with the B-2 zoning district and Commercial Land Use designation in terms of use and intensity. The narrow strip of residential land use along the western property line is inconsequential and contains the landscape buffer for the adjacent residential properties. Proposed buffers, landscaping, and traffic mitigation measures address adjacency to residential areas. Approval of the variances would allow development to proceed while mitigating potential impacts on surrounding residential properties.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• B-2 and RS-3 | vacant
Surrounding Properties (Zoning District | Existing Use):
• North: RS-2 | vacant and duplex (two-family dwelling)
• South: B-2 | vacant
• West: B-2 and RS-3 | multi-family dwelling and single-family dwelling
• East: RM-12 | place of worship (Worldwide Christian Center Church)
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 following conditions be included in the Board’s Order:
1. The applicant shall obtain all required governmental permits and approvals, including Site Plan, Building, and Zoning Compliance approvals.
2. Development shall be in substantial compliance with the site and landscape plans submitted with this Variance application and Site Plan PZ #25-12000012. All perimeter landscaping and buffers, including walls and screening, must be installed and maintained as depicted. Additional relief requires separate review.
3. The southern driveway (NW 4th Court) shall be limited to right-out-only.
4. Prior to building permit issuance, right-of-way dedication along Powerline Road must be completed.
5. Prior to building permit issuance, the applicant shall record a Unity of Title (or similar instrument acceptable to the City Attorney) unifying the five parcels into a single development site, ensuring the property functions as one lot for zoning and development purposes.