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ZONING BOARD OF APPEALS
Meeting Date: NOVEMBER 19, 2026
title
VARIANCE - LCS 1 INVESTOR LLC
projectinfo
Request: Variance
P&Z# 26-11000022
Owner: LCS 1 Investor LLC
Project Location: 1420 NE 42 CT
Folio Number: 484213052920
Land Use Designation: L (Low 1-5 DU/AC)
Zoning District: RS-3 (Single-Family Residence 3)
Commission District: 2 (Rhonda Sigerson-Eaton)
Agent: Lorena Chaves Da Silva
Project Planner: Scott Reale
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Summary:
The Applicant Landowner requests a Variance from Section 155.3204(C) of the Pompano Beach Zoning Code, which establishes the intensity and dimensional standards for the RS-3 Zoning District. The Variance would allow a portion of a proposed new single-family dwelling to encroach 2.22 feet into the required 25-foot front yard setback, resulting in a front setback of 22.78 feet from the front lot line.
The subject property is located on the south side of NE 42nd Court, directly opposite Sandspur Park, between NE 13th Avenue and NE 15th Avenue, in the Highlands.
ZONING REGULATIONS
155.3204. SINGLE-FAMIILY RESIDENCE 3 (RS-3)
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C. Intensity and Dimensional Standards
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Front yard setback, minimum (ft): 25
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property has been vacant since 2007, when an existing single-family residence was demolished pursuant to Building Permit #07-3573. The property is located within the RS-3 (Single-Family Residence 3) zoning district, has a Low (1-5 DU/AC) land use designation, and measures approximately 75 feet in width by 100 feet in depth. A new single-family dwelling was approved under Building Permit #25-5500 with plans that met the applicable setback requirements. However, during the initial construction inspections, it was discovered that a portion of the front of the dwelling, primarily the front columns, would encroach approximately 2.22 feet into the required 25-foot front yard setback. The requested Variance would allow a minimum front yard setback of 22.78 feet from the front lot line.
2. According to the Applicant’s narrative, the combination of the property’s lot dimensions, the required front and rear yard setbacks, and a utility easement along the south side of the property limits the available building area. The Applicant explains that the dwelling was positioned toward the front of the property, resulting in the proposed encroachment into the required front yard setback.
3. The Applicant maintains that the requested relief is the minimum necessary, noting that the encroachment is primarily limited to the front columns and that the substantial majority of the dwelling would remain within the required setbacks. The Applicant further states that the requested Variance would not confer a special privilege, would not adversely affect surrounding properties or public welfare, and would be consistent with the intent of the Zoning Code and Comprehensive Plan.
4. A Minor Administrative Adjustment application (PZ #26-16000002), requesting relief for the front yard setback encroachment, was denied by the Development Services Director on April 20, 2026.
5. The Board should determine whether the property’s physical characteristics, including its lot dimensions and the location of the utility easement, constitute extraordinary and exceptional conditions that do not generally apply to other properties in the vicinity; whether those conditions are not the result of the actions of the landowner; and whether strict application of the required front yard setback would result in unnecessary and undue hardship. The Board should also determine whether the requested encroachment represents the minimum Variance necessary to allow reasonable use of the property.
6. Approval of this Variance would authorize only the requested encroachment into the required front yard setback. 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-3 | Approved for new single-family residence
Surrounding Properties (Zoning District | Existing Use):
• North: PR | Sandspur Park
• South: RS-3 | Single-family residence
• West: RS-3 | Single-family residence
• East: RS-3 | 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, which authorize a minimum front yard setback of 22.78 feet from the front lot line for the encroaching portion of the proposed single-family dwelling.