boardname
Zoning Board of Appeals
Meeting Date: May 16, 2024
title
VARIANCE - BAYVIEW OF POMPANO
projectinfo
Request: Variance
P&Z# 23-11000017
Owner: Bayview of Pompano
Project Location: 2500 Bay Drive
Folio Number: 8329AMCOMM
Land Use Designation: MH- Medium High 16-25 DU/AC
Zoning District: Multiple-Family Residence 20 (RM-20)
Agent: John Piotrowski
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting VARIANCES from the following provisions in the Pompano Beach Code of Ordinances:
1. Section 151.03(G)(2), in order to construct a 40’ finger pier off of an existing permitted 8’ wide marginal dock (from the Measurement Reference Line) that extends an additional 48’’ into a waterway rather than limit the finger pier to a maximum distance of 20’ into a waterway as per code.
2. Section 151.03(G)(2), in order to construct a 6’ wide finger pier rather than limit the finger pier to a maximum width of 4’ as per code.
3. Section 151.03(G)(1), in order to construct a 30’ x 6’ Marginal T dock at the end of a 48’ finger pier that extends a total of 54’ from the MRL. This is an additional 46’ into a waterway rather than limit the dock to a maximum 8’ extension into a waterway as per code.
The subject property is located on the east side of Bay Drive at Norfolk Street, along the Hillsboro Inlet.
APPLICABLE CODE REGULATIONS
§ 151.03 STRUCTURES IN WATERWAYS.
…
(G) In a canal, river, basin, or waterway which is more than 50 feet in width, mooring structures or any other marine structures must be constructed or installed pursuant to the following conditions.
(1) Fixed vessel docks, floating docks or wharves may be constructed or installed to extend into any canal, river, basin, or waterway a distance of 10% of the width of the canal, river, basin, or waterway or a distance of eight feet whichever is less, as measured from the measurement reference line.
(2) Fixed finger piers and floating finger piers may be constructed or erected to extend into any canal, river, basin, or waterway a distance of 20% of the width of the canal, river, basin, or waterway or a distance of 20 feet, whichever is less, as measured from the measurement reference line. A finger pier (floating or stationary) shall not be constructed to a width greater than four feet. The distance between finger piers shall not be less than 25 feet.
PROJECT DETAILS AND MARINE ADVISORY BOARD MEMO
1. The proposed project consists of reconstructing a previous structure destroyed by Hurricane Irma in 2017. The applicant’s narrative states the proposed scope of work will be in the same footprint as the previous dock that was installed. Specific improvements include replacing existing wood piles and the framing and construction of a 40’ x 6’ finger pier extension and a 30’ x 6’ marginal t-dock.
2. Letters of no objection to the project were provided from adjacent property owners.
3. Pursuant to §151.09(B)(1) property owners seeking relief from the standards in Chapter 151: Beaches and Waterways, must first go before the Marine Advisory Board (MAB) for its review and recommendations. This meeting took place on August 15, 2023. The MAB recommendation memo is provided herein and provides a detailed review and analysis of the petitioner’s request.
4. The MAB memo finds that the proposed project is commensurate with the surrounding properties and recommends approval of the requested variance application.
LAND USE PATTERNS
Subject property (Zoning / Existing Use):
• RM-20 | multi-family dwelling (Bayview of Pompano Condo)
Surrounding Properties (Zoning District / Existing Use):
• North: RM-20 | multi-family dwelling (Hillsboro Shores Executive Club)
• South: RS-2 | single-family dwelling
• East: W | Hillsboro Inlet
• West: RM-20 and RS-2 | multi-family dwelling (north side of Norfolk St); single-family dwelling (south side of Norfolk St)
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. Obtain all necessary governmental permits and approvals.
2. Substantial compliance with the plans submitted with this application.