boardname
ZONING BOARD OF APPEALS
Meeting Date: APRIL 16, 2026
title
MAJOR TEMPORARY USE - 305 BRINY AVENUE LP
projectinfo
Request: Major Temporary Use
P&Z# 26-15000005
Owner: 305 Briny Avenue LP
Project Location: 3300 SE 1 St
Folio Number: 494306060740
Land Use Designation: C (Commercial)
Zoning District: B-3/AOD (General Business / Atlantic Overlay District)
Commission District: 1 (Audrey Fesik)
Agent: Efstathios Tsatas
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting a Major Temporary Permit from the provisions of Chapter 155: Article 4 [Use Standards] and Article 5 [Development Standards] of the Pompano Beach Zoning Code, in order to temporarily utilize a vacant lot for automobile parking that does not comply with the use and development standards required by code.
The property is located on the east side of Hibiscus Avenue between SE 1st Street and SE 2nd Street on the barrier island, within the East CRA.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. Previous Approval and Code Compliance History:
The subject property previously received Major Temporary Use Permit approval (PZ #19-15000009) in 2019 for use as a public temporary parking lot under prior ownership, at which time the site was leased and operated by the City. Following a change in ownership, the new property owner elected not to continue the temporary parking lease agreement with the City.
After the expiration of the prior permit and lease, the site began to be used for parking without required approvals. The current owner was subsequently cited by Code Compliance for unauthorized parking and storage on a grass lot (Case #26-09003228).
2. Proposed Use:
The applicant proposes to utilize the site for temporary parking dedicated to staff and valet operations for the neighboring Miraggio Italian Grill. The applicant indicates this arrangement is intended to alleviate parking demand and reduce overflow parking impacts on nearby residential streets.
However, staff notes an inconsistency in the application materials. While the applicant’s narrative states that the parking will be used exclusively for valet and employee parking, the submitted conceptual site plan depicts an area designated for public parking and includes a pay station. Clarification of the intended operation and uses of the parking area is necessary, as this distinction may affect operational characteristics, impacts, and applicable conditions of approval.
3. Site Design:
The conceptual site plan indicates that the property can accommodate the proposed use with appropriate ingress and egress, internal circulation, signage, and wheel stops to ensure safe and organized vehicular movement.
As noted above, the plan currently reflects elements (e.g., pay station and public parking layout) that are not consistent with the applicant’s stated intent of exclusive valet and staff parking for the restaurant. Any approval should be conditioned to ensure the final site design and operation are consistent with the approved use.
4. Planning Considerations:
Staff recognizes a demonstrated parking demand on the barrier island, particularly in areas with a mix of commercial and residential uses. Allowing temporary parking on vacant parcels may provide a short-term solution while long-term parking and redevelopment strategies are implemented.
However, temporary parking on unimproved grass lots presents potential concerns related to aesthetics, dust, drainage, and compatibility with surrounding uses. Additionally, the site’s recent history of unauthorized parking activity and outstanding Code Compliance case warrants careful consideration.
Any approval should include clear operational limitations and maintenance requirements to ensure the use remains temporary in nature, compatible with the surrounding area, and compliant with all applicable regulations.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• B-3/AOD | vacant grass lot
Surrounding Properties (Zoning District | Existing Use):
• North: B-3/PCD/AOD | Walgreen’s Pharmacy
• South: RM-20 | townhomes
• East: B-3/AOD | former bank; no current use; approved for 220-unit hotel
• West: B-2/AOD | multi-family residential
TEMPORARY USE PERMIT REVIEW STANDARDS
A Temporary Use Permit shall be approved only on a finding that the temporary use as proposed:
1. Is on its face temporary in nature;
2. Is in harmony with the spirit and intent of this Code;
3. Is not detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare;
4. Does not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;
5. Is compatible with any principal uses on the site;
6. Is located on a site containing sufficient land area to allow the temporary use and associated structures, and accommodate any associated parking and traffic movement, without disturbing environmentally sensitive lands; and
7. Complies with all applicable use-specific standards in Section 155.4403.
Staff Conditions:
Should the Board determine the applicant has provided competent substantial evidence sufficient to satisfy the seven Major Temporary Use Permit review standards, staff requests the Board include the following conditions as part of the Order:
1. The applicant shall obtain all necessary governmental approvals, including Building and Zoning Compliance permits.
2. The site shall be maintained in a safe, clean, and orderly condition throughout the duration of the temporary use.
3. All issues identified in Code Compliance Case #26-09003228 shall be resolved prior to the issuance of the Temporary Use Permit and remain in compliance for the duration of the approval.
4. Prior to the expiration of the Temporary Use Permit, the site shall be restored with drought-resistant sod or approved groundcover to prevent blight, erosion, or dust conditions.
5. The use of the site shall be limited to the specific parking operations approved by the Board. Any inconsistency between the approved narrative and the site plan (including, but not limited to, public parking or pay station installations) shall be resolved prior to permit issuance, and the final approved plans shall clearly reflect whether the site is restricted to valet and employee parking only.