ZBA grants variance allowing existing canopy and bar to remain at waterfront home

The Pompano Beach Zoning Board of Appeals voted May 15 to grant setback variances that allow a canopy shade structure and an outdoor bar to remain near the rear waterfront lot line at 551 Southeast Eighteenth Avenue, subject to conditions set by staff.

Paula West, the applicant's agent, told the board the canopy and bar were installed in 2019 by contractors who told the owners permits were not required. "We are in permitting right now. All of the disciplines have approved the permit except zoning for this very request," West said. Scott Reale of Development Services explained that a recent text amendment to the city code reduced rear-yard setback requirements and eliminated the rear yard corner triangle standard that had prohibited obstructions over 3 feet.

Reale summarized the three original requests and said one—relief related to the site visibility triangle—was being withdrawn. Staff recommended four conditions if the variance were approved: obtain all necessary permits and approvals; resolve the associated code enforcement case (20‑0490055188); limit relief to the canopy/bar area shown on the submitted plan; and do not install canopies or post columns on top of a seawall.

The board voted with a roll call in favor of the variance; the motion and vote were recorded as finding "competent substantial evidence" in the record and granting the variance subject to the staff conditions. Mario Sotolongo of the city's Code Compliance Department said approval would "open the door to permits" and allow the violation to be cured.

The variance approval applies only to the canopy and bar location shown in the applicant's plans; any other accessory encroachments must be removed or are not covered by the relief. The applicant provided a notarized affidavit offering to remove the structure upon sale of the property, though the board and staff said that affidavit was unnecessary because a granted variance runs with the land.