ZBA grants minor setback variance for after‑the‑fact addition in Cypress Creek Estates

The Pompano Beach Zoning Board of Appeals on April 17 granted a variance for an after‑the‑fact addition that encroaches 2.4 inches into the 10‑foot interior side yard at a single‑family home in the Cypress Creek Estates subdivision.

Staff said the addition was discovered during an effort to secure a building permit and that because the encroachment is after‑the‑fact it could not be handled by an administrative adjustment. The property is governed by RM‑20 standards within the transit‑oriented East Overlay, staff said, and the original portion of the house remains legally nonconforming for an earlier setback.

Bianca Pandolfo spoke on behalf of the owner; architect Juan Garcia described the field measurements and drawings prepared to bring the addition into compliance. “When I did the drawings to correct that after the fact…that addition was in…2 inches,” Garcia said. Mario Sotolongo of Code Compliance confirmed the addition existed when the current owners purchased the house and that closing out the code case would be required as a condition.

Staff recommended three conditions: obtain all required permits and approvals including building and zoning compliance permits; grant setback relief only for the as‑built addition shown on the submitted plans; and resolve and close out code violation case 11060084. The board’s motion accepted staff’s recommendation and granted the variance.

The variance approval allows the owners to apply for an after‑the‑fact permit and move toward compliance provided they follow the staff conditions and close the outstanding code case.