boardname
ZONING BOARD OF APPEALS
Meeting Date: NOVEMBER 21, 2024
title
VARIANCE - RWA PROPERTIES LLC
projectinfo
Request: Variance
P&Z# 24-11000011
Owner: RWA Properties LLC
Project Location: 2131 Blount Rd
Folio Number: 484228090142
Land Use Designation: I (Industrial)
Zoning District: I-1 (General Industrial)
Agent: Jim Frogner
Project Planner: Scott Reale
otherinfo
Summary:
Applicant Landowner is requesting a Variance from Section 155.3402(C) [Intensity and Dimensional Standards of the I-1 Zoning District] of the Pompano Beach Zoning Code in order to construct a warehouse addition with an 18-foot rear yard setback rather than provide the 30-foot rear yard setback as required by code.
The subject property is located in the Turnpike Industrial Park, between Florida’s Turnpike and Blount Road, approximately 1,000 feet south of Copans Road.
ZONING REGULATIONS
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property was originally developed in the 1980s, along with much of the Turnpike Industrial Park, following the 1983 annexation of this area into Pompano Beach. A Certificate of Occupancy for a 21,658 sq ft office/warehouse shell was issued on 8/21/1985 via building permit #85-1596 (PRA #10250), with a rear yard setback of 79 feet. At the time, the site plan was reviewed according to the standards of Broward County’s M-3 zoning district, which had a less stringent rear setback requirement compared to the current Pompano Beach I-1 zoning district.
2. The subject property has no open building permits and no active code enforcement cases.
3. The subject property has three active Business Tax Receipts:
|
Business Name |
Classification |
|
M D SCIENCE LAB LLC |
MANUFACTURE & MGF EMPLOYING OVER 10 PRSN |
|
PACKAGE SOLUTIONS LLC |
MANUFACTURE & MFG EMPLOYING 1-5 PERSONS |
|
RWA PROPERTIES LLC |
RENTAL BUILDING-COMML,BLDG LEASE/RENT |
4. The applicant is proposing a 9,937 sq ft expansion to the existing building, which would extend 12 ft into the required 30-ft rear yard setback. If approved, the new addition would be located just 18 feet from the rear lot line. It is important to note that many other buildings within the Turnpike Industrial Park are similarly positioned close to their rear lot lines, making the subject property somewhat of an outlier in this regard. Granting this variance would align the property with the prevailing development pattern in the Industrial Park.
5. The proposed expansion will require Major Site Plan and Building Design review, as the addition increases the building’s gross floor area by approximately 46%. Nonconforming site features -- such as parking and landscaping -- will need to be upgraded towards compliance with the standards of today’s code to the maximum extent practicable. In particular, parking will need to be addressed during DRC site plan review as the expansion will eliminate several existing spaces. Manufacturing and Production Uses require 1 parking space per 1,000 sq ft of gross floor area (excluding office space).
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• I-1 | manufacturing/warehouse with ancillary office space
Surrounding Properties (Zoning District | Existing Use):
• North: I-1 | industrial warehouse with ancillary office space
• South: I-1 | industrial warehouse with ancillary office space
• West: I-1 | industrial warehouse with ancillary office space
• East: I-1 | industrial warehouse with ancillary office space
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, including Major Site Plan, Building Design, and Building and Zoning Compliance permits.
2. Rear setback relief is limited to the proposed building addition depicted on the conceptual site plan submitted with this application. Any additional encroachments or expansions shall require submission of a new Variance or Administrative Adjustment application.
3. Revise site plan to meet minimum parking requirements, or seek additional relief.