boardname
ZONING BOARD OF APPEALS
Meeting Date: OCTOBER 15, 2026
title
VARIANCE - JOSEPH CERQUOZZI
projectinfo
Request: Variance
P&Z# 26-11000021
Owner: Joseph Cerquozzi
Project Location: 230 SE 7 ST
Folio Number: 494201110560
Land Use Designation: L (Low 1-5 DU/AC)
Zoning District: RS-2 (Single-Family Residence 2)
Commission District: 3 (Alison Fournier)
Agent: Joseph Cerquozzi
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting a Variance from Section §155.5302.D.2.a of the Pompano Beach Zoning Code, which regulates fences and walls in residential districts. The request seeks approval to construct a 6-foot-high fence within the front yard, in lieu of the maximum 4-foot height permitted by Code.
The subject property is located at the southwest corner of the intersection of SE 7th Street and SE 2nd Terrace in the Norwood section of the Garden Isles neighborhood.
ZONING REGULATIONS
155.5302. FENCES AND WALLS
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D. Height Requirements for Fences and Walls
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2. Fences and Walls in Residential Districts
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a. No fence or wall within a front yard shall exceed a height of four feet.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property contains approximately 10,000 square feet and is developed with an existing single-family residence within the RS-2 (Single-Family Residence) zoning district. The property is located on a corner lot and contains a lawfully permitted swimming pool within the required front yard.
2. On a corner lot, the front lot line is determined based on the applicable lot-line requirements, which may result in an area that functions as a side yard being regulated as a front yard for purposes of fence height. Accordingly, the subject property is subject to the four-foot maximum fence height applicable to front yards.
3. The Applicant proposes to construct a six-foot-high fence within the affected portion of the front yard, exceeding the maximum permitted height by two feet. The property is separated from the edge of pavement along SE 2nd Terrace by an approximately 12-foot-wide swale. Based on the submitted conceptual site plan, the proposed fence would be located several feet inside the front property line along most of the affected frontage and outside of the required sight triangle.
4. The Applicant states that the requested Variance is necessitated by the property's corner-lot configuration and increased exposure to adjoining public rights-of-way. The Applicant further states that these existing physical characteristics result in greater exposure of the residential yard to public view and that the additional fence height is intended to provide privacy, security, screening, and separation from the adjoining rights-of-way. The Applicant states that the requested six-foot fence represents the minimum practical relief necessary to achieve these objectives while maintaining required intersection and driveway sight visibility.
5. The Board should determine whether the property's corner-lot configuration and resulting exposure to adjoining public rights-of-way constitute extraordinary and exceptional conditions contemplated by the Variance review standards, whether those conditions were not created by the landowner, and whether the requested six-foot fence represents the minimum variance necessary to allow reasonable use of the property.
6. Approval of this Variance would authorize only the requested increase in fence height. Approval would not waive compliance with any other applicable provisions of the Pompano Beach Zoning Code, the Florida Building Code, or any other applicable federal, state, county, or local regulations.
LAND USE PATTERNS
Subject Property (Zoning District | Existing Use): RS-2 | Single-family residence
Surrounding Properties (Zoning District | Existing Use):
• North: RS-2 | Single-family residence
• South: RS-2 | Single-family residence
• West: RS-2 | Single-family residence
• East: RS-2 | Single-family residence
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. Obtain all necessary governmental permits and approvals, including Building and Zoning Compliance permits.
2. Development shall be in substantial compliance with the plans submitted with this Variance application.