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Zoning Board of Appeals
Meeting Date: April 20, 2023 (initial); June 15, 2023 (rehearing)
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VARIANCE - POMPANO BEACH TOWNHOMES
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Request: Variance
P&Z# 23-11000009
Owner: Pompano Beach CRA
Project Location: 1531-1537 N Dixie Highway
Folio Number: 484226470010
Land Use Designation: C- COMMERCIAL
Zoning District: General Business (B-3)
Agent: John Rinaldi
Project Planner: Scott Reale
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Summary:
The Applicant Landowner is requesting a Variance from Section 155.5604(C)(4)(b) [Residential Compatibility Off-Street Parking Areas], of the Pompano Beach Zoning Code, in order to eliminate a Type “C” perimeter buffer on the west side of the property in accordance with Section 155.5203.F, Perimeter Buffers, rather than provide the required buffer between the proposed development and an adjacent single-family residential development, as required by code.
The property is located in the NW CRA, on the west side of N Dixie Highway, between NW 15th Place and NW 15th Court.
ZONING REGULATIONS
§155.5604. RESIDENTIAL COMPATIBILITY STANDARDS
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C. Compatibility Standards
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4. Off-Street Parking Areas
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b. Off-street surface parking areas located adjacent to single-family residential development shall be screened by a type C perimeter buffer in accordance with Section 155.5203.F, Perimeter Buffers.
§155.5203. LANDSCAPING
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F. Perimeter Buffers
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3. Required Buffer Types and Standards
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The associated Minor Site Plan application, PZ #23-12000005, proposes ten (10) residential townhome units within two (2) buildings. The Development Review Committee (DRC) reviewed the site plan on 4/5/2023. Additionally, the property is in the process of obtain a residential Flex allocation (PZ #23-05000001).
2. The subject property is currently vacant and there is an alley separating the site from single-family residential on the west side. New multifamily residential development located on land abutting or across a local street or alley from existing single-family residential development is subject to the residential compatibility standards. More specifically, because single-family residential development is located just west of the site, a Type “C” perimeter buffer is required along the west property line, which typically consists of a 10 ft wide perimeter landscape strip and an 8 ft high masonry wall. The applicant is seeking relief from this code provision.
3. The applicant’s narrative points to the 1994 FDOT road widening of Dixie Highway, which reduced the width of the subject property from 129.8 ft to 84.6 ft. Additionally, the development can only be accessed from a proposed private drive aisle (subject to an access easement along the west side of the property adjacent to the alley) because Broward County will not approve additional curb cuts along Dixie Highway.
4. The narrative states the applicant has considered other site plan configurations and building typologies that would eliminate the need for a variance. Alternatives include increased height (B-3 zoning allows for up to 105 ft in height) and/or increased density (B-3 zoning allows for up to 46 dwelling units per acre). However, those options would be out of character with the surrounding neighborhood and in conflict with both the CRA’s redevelopment plan and the desired built form denoted in the adopted Transformation Plan for the Dixie Highway Corridor.
5. Staff does not object and finds the requested relief to be minimal in nature and appropriate in order for the site to be developed in the manner the city envisions.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• B-3 | vacant lot
Surrounding Properties (Zoning District | Existing Use):
• North: B-3 | commercial building
• South: B-3 | vacant lot
• West: RS-2 | single-family dwelling and vacant lot
• East: T | FEC railway
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 Building Design, Site Plan, Residential Flex Allocation, and building and zoning compliance permits.
2. Substantial conformance to the site plan submitted (PZ #23-12000005).