Board asks City Commission to limit administrative variances to existing structures, flagging appeal workload concerns

During discussion after several cases, the Fort Lauderdale Board of Adjustment reviewed an ordinance advanced at first reading (referred to in the meeting as OFR‑3) that would add an administrative variance process and change appeal routes for board decisions. Board members voted to communicate concerns to the City Commission.

City staff described the ordinance elements: (1) an administrative-variance pathway for narrow dimensional variances affecting existing single‑family dwellings and accessory structures, limited to dimensional deviations of no more than 3 feet (or 25 percent, whichever is less) and requiring valid building permits/certificates of occupancy for the main structure; (2) a new appeal route that would allow appeals of Board of Adjustment orders to be heard by the City Commission with de novo review if commissioners find a departure from law or lack of competent substantial evidence; and (3) a reduction in the supermajority required for some actions to a simple majority. Staff also told the board that the successive-application waiting period language had been adjusted at commission direction (the commission favored reducing a two‑year restriction to one year under certain conditions).

Board members raised concerns the administrative-variance language could be read to permit new construction to use the administrative path rather than the Board, and that routing appeals to the City Commission could substantially increase commission workload and potentially invite repetitive rehearings. Board members also questioned retroactivity (whether previously denied cases would be able to use the new administrative route) and suggested the commission consider imposing an appeal filing fee to discourage forum-shopping. After discussion the board voted to ask the City Commission to (a) clarify that the administrative variance process applies only to existing structures and not to new construction, and (b) consider the potential volume of appeals when finalizing the ordinance. Nicole (clerk) recorded the motion and a roll-call vote; the motion to communicate that position passed on the record.