boardname
ZONING BOARD OF APPEALS
Meeting Date: JANUARY 15, 2026
title
VARIANCE - BLOSSMAN GAS OF LOUISIANA INC
projectinfo
Request: Variance
P&Z# 25-11000021
Owner: Blossman Gas of Louisiana Inc
Project Location: 261 S Andrews Ave
Folio Number: 494202570010
Land Use Designation: I (Industrial)
Zoning District: I-1 (General Industrial)
Commission District: 5 (Darlene Smith)
Agent: David Dixon
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting a VARIANCE from Section 155.4228.A.3.a.i [Outdoor Storage Screening Standards] of the Pompano Beach Zoning Code in order to allow an 8-foot screening fence in lieu of a taller structure and to permit mounded underground propane storage tanks to extend above the height of the required screening fence or wall. The variance is necessitated by the required design and installation characteristics of propane storage tanks and by Crime Prevention Through Environmental Design (CPTED) requirements, which preclude the use of taller opaque screening along the site frontage. The property is located on the west side of S Andrews Avenue (SW 12th Avenue) between SW 2nd Street and SW 3rd Street.
ZONING REGULATIONS
155.4228. INDUSTRIAL: WAREHOUSING AND FREIGHT MOVEMENT USES
A. Outdoor Storage (as a principal use)
1. Districts Where Permitted
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RS-1 |
RS-2 |
RS-3 |
RS-4 |
RS-L |
RD-1 |
RM-7 |
RM-12 |
RM-20 |
RM-30 |
RM-45 |
MH-12 |
B-1 |
B-2 |
B-3 |
B-4 |
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M-1 |
CR |
I-1 |
I-IX |
OIP |
M-2 |
TO |
PR |
CF |
PU |
T |
BP |
RPUD |
PCD |
PD-TO |
LAC |
PD-1 |
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S |
P |
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P |
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2. Definition
Outdoor storage as a principal use is defined as “the keeping, in an area that is not totally and permanently enclosed, of any finished goods, material, merchandise, boats, or vehicles in the same place for more than 24 hours, where such storage is the principal use of a lot”. This use does not include fleet vehicles associated with an approved business, a junkyard or salvage facility or the display and storage of vehicles as part of an automobile, recreational vehicle, trailer, or truck sales or rental use.
3. Standards
Outdoor storage as a principal use shall comply with the following standards:
a. Perimeter buffer and screening standards
i. The area(s) used for outdoor storage shall be fully enclosed with a fence or masonry wall no less than eight feet high in accordance with Section 155.5302, Fences and Walls. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.
ii. Perimeter buffers in accordance with Section 155.5203.F, Perimeter Buffers, shall be provided between the outdoor storage area(s) and the site's boundaries, with a type C buffer provided between an outdoor storage area and the front lot line, a type B buffer provided between an outdoor storage area and any side or rear lot line adjoining a street, and a type A buffer provided between an outdoor storage area and any other side or rear lot line.
iii. Development Existing on or Before April 27, 1999.
(A) Existing properties. Lawfully existing outdoor storage established prior to 1999, or lawfully existing outdoor storage established prior to annexation without a landscape plan approved on record shall comply with the perimeter buffer and screening standards of this section. Submission and approval of a landscape plan shall be required for compliance with this section. Upon compliance said outdoor storage facility shall be deemed a lawfully existing special exception use:
(1) A fully-opaque fence may be substituted for the wall where required.
(2) Any lot on public record prior to June 25, 1991, that is 100 feet or less in width may provide a five-foot wide perimeter buffer between an outdoor storage area and an interior side or street side lot line.
(3) Buffer and screening standards shall not apply to a property line abutting an active railroad siding servicing the property.
(4) Street trees shall be provided as required by the landscape ordinance.
b. Any repair of equipment shall be conducted on a paved surface or within an enclosed building.
c. All areas used for outdoor storage shall have a surface that avoids dust and safeguard groundwater.
d. If the outdoor storage area is covered, the covering shall include at least one of the predominant exposed roofing colors on the primary structure.
e. Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.
f. Materials shall not be stored higher than the height of the screening.
d. All areas used for outdoor storage shall have a surface that avoids dust and safeguard groundwater.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property is a ±0.79-acre vacant parcel zoned I-1 (General Industrial) and designated Industrial on the Future Land Use Map. There are no active building permits, code enforcement cases, or Business Tax Receipts tied to the property.
2. In 2024, the Zoning Board of Appeals approved a Special Exception (PZ #24-17000004) allowing outdoor storage as a principal use associated with a propane storage facility. A Minor Site Plan application (PZ #24-12000017) has since undergone Development Review Committee (DRC) review.
3. The approved use involves propane storage tanks regulated by applicable state and federal safety standards, which require tanks to be installed on level surfaces and connected horizontally to fill distribution vehicles. As a result, although the tanks are proposed to be undergrounded and earth-mounded, portions of the tanks extend above grade and above the height of the required screening fence.
4. The applicant proposes an eight-foot semi-transparent metal picket fence, which complies with the minimum height requirement of Section 155.4228.A.3.a.i. However, the fence does not fully screen the tanks, prompting the need for the requested Variance.
5. During DRC review, the Broward Sheriff’s Office (BSO) and City staff required that perimeter fencing remain transparent to maintain clear sightlines for law enforcement and emergency responders, consistent with CPTED principles. BSO correspondence dated December 10, 2025, confirms that transparent fencing is preferred for sites considered critical infrastructure within the energy sector, as it enhances natural surveillance and emergency response capabilities.
6. A separate CPTED waiver has been requested to allow a metal picket fence in lieu of an opaque wall within the required Type C buffer along the eastern frontage. Staff notes that this waiver request is independent of the Variance request but directly affects the feasibility of increasing fence height to fully screen the tanks.
7. The surrounding area consists of established industrial uses, including adjacent propane storage facilities to the south and west that contain above-ground tanks with minimal screening. The proposed development represents an improvement in screening and site design relative to existing conditions in the vicinity.
8. Based on the nature of propane storage facilities, applicable safety standards, and the industrial context of the surrounding area, staff finds that strict application of the screening height requirement would impose an unnecessary hardship while providing minimal additional public benefit. Staff finds the requested Variance represents the minimum relief necessary to allow reasonable use of the property and is consistent with the intent of the Zoning Code.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• I-1 | vacant
Surrounding Properties (Zoning District | Existing Use):
• North: I-1 | vacant
• South: I-1 | AmeriGas Propane
• West: I-1 | AmeriGas Propane
• East: ROW | S Andrews Avenue (SW 12th Avenue)
•
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 Board include the following conditions as a part of the Order:
1. The applicant shall obtain all required governmental permits and approvals, including Site Plan, Building, and Zoning Compliance, and CPTED approvals.
2. Development shall be in substantial compliance with the plans submitted with this Variance application, Special Exception PZ #24-17000004, and Site Plan PZ #24-12000017, except as modified by the Zoning Board of Appeals.
3. Approval of this Variance shall not be construed as approval of the requested CPTED waiver, which shall be reviewed and approved separately by the Development Services Director.