A majority of the Fort Lauderdale Planning and Zoning Board on Wednesday denied a request to place a decorative bird bath inside the city’s 25-foot front-yard setback at 1918 Northeast 30th Avenue, saying the applicant did not meet the legal criteria for a variance.

The applicant’s representative, Mark Labeda, said he was asking for a “de minimis” variance to locate a segmental-stone bird bath about 1 foot inside the required 25-foot front yard for aesthetic purposes. Labeda said the structure is composed of stacked pieces held with dowels, would have a total height of about 9.2 feet and that the base—about 3 feet high—would not impair sight lines or emergency vehicle access. He said there would be no plumbing or electrical work and that the front yard consists largely of driveway space.

Board members and nearby residents disagreed. Ken Fengler, a founding member and board member of the Dolphin Isles Homeowners Association, told the board that of 12 neighbors canvassed within 300 feet, five opposed the variance and that the HOA’s four-member board also voted against it. Fengler said no other house in the 214-home Dolphin Isles subdivision has a structure in the 25-foot front-yard area and warned that granting the variance would set a precedent. Fengler also said a 2018 code compliance requirement that trees be replaced in that area had not been met and asked that trees be replanted before approving any new encroachment.

Board members focused their discussion on the five statutory criteria for a variance. Several members, including Jason and Pat, said the applicant’s filings conceded there were no special circumstances peculiar to the property that would prevent reasonable use of the land and that therefore the application failed to meet multiple required criteria. Pat argued that an owner’s desire to place a bird bath does not show an inability to make reasonable use of the property.

After closing the public hearing, the board member identified as Pat moved to deny the variance “because the applicant has not met any of the conditions required for the granting of a variance.” A second was recorded, and the motion carried. The board’s formal motion and vote rejected the variance; the transcript records the motion, second and that the board voted in favor of denial. The record does not specify a detailed roll-call vote tally in the transcript excerpt.

The applicant and his representative said trees required by the landscaping plan would be planted and would pass inspection if the board required it, and the owner indicated willingness to comply with landscaping requirements. The board’s denial was based on its finding that the legal variance criteria were not satisfied, not on the aesthetic merits of the bird bath itself.

The transcript records the public hearing, neighbors’ opposition, the applicant’s testimony, board questions about dimensions and whether the feature would be a fountain (the applicant said it would not), and the board’s conclusion that the variance criteria were unmet. No other formal actions were taken on the property during the meeting.

For residents seeking more information on the decision or on code compliance items cited by neighbors, the Planning and Zoning Department can provide the full case file and the code compliance history for 1918 Northeast 30th Avenue.