Pompano Beach zoning board postpones decision on variance at 551 Southeast 18th Ave after extended debate

The Pompano Beach Zoning Board of Appeals postponed consideration of a variance request for 551 Southeast 18th Avenue to its March 20, 2025 meeting after extended testimony and questions about unpermitted construction and neighborhood impacts.

Paula West, president of Plan West, told the board the owners seek relief from three zoning provisions so an existing canopy and an outdoor bar can remain in their current location. West said the structures are within the property’s required rear-yard setback abutting a waterway, along an interior side lot line, and within a rear-yard corner visibility triangle with height limits enforced by city code. She identified the zoning review and the relevant code references in the staff report and noted an after-the-fact building permit (24-3786) was rejected by zoning because setback relief is required.

The applicant, Harry Takorian, said contractors told him no permits were required when the work was done in 2020 while the owners were living in New Jersey. “They did. I may have not have done my due diligence to know that,” Takorian said, explaining he relied on contractors during the COVID-19 pandemic.

Board members pressed on whether the conditions were truly unique to the parcel and whether the owners’ reliance on contractors absolved them of responsibility. One member said, “Had you pulled a permit, we wouldn't have this discussion,” emphasizing that permit responsibility rests with the homeowner under current city practice.

Scott Reali of Development Services described the three code sections from which relief was sought: the general standards for accessory uses and structures (listed in transcript as 155-4302b2h), setback rules for gazebos/structures (155-403-nn3b), and the rear yard corner triangle height rule (155-5302 d5 a). Reali also noted a separate, city-initiated text amendment under discussion that would eliminate the rear-yard corner triangle provision and relax some setback rules, but he said that amendment has not been placed on a City Commission agenda and that staff was directed to hold off on moving it forward.

Neighbors’ input was mixed but included a written affidavit from the property owner’s immediate neighbor to the north indicating no objection to the structures. Dennis Macdonald, who testified in support, said he had inspected the work and found it “well done” both aesthetically and structurally. No formal complaints specific to this property were reported by staff at the hearing.

Staff recommended conditions should the board ultimately approve the variance, including resolving outstanding code case violations (case number 24-09005188), prohibiting other accessory encroachments into the setback area shown on the submitted plan, and prohibiting posts or columns installed on a seawall.

During deliberations, board members asked whether any of the three relief items could be approved independently; staff advised that, as presented, the application requires relief from all three provisions for the canopy and bar to remain in place. Board members also discussed the practical consequences for the applicant if the board denied the request, including a one-year time bar on resubmitting the same application and the fact that the courtesy notice would evolve into a formal violation unless the structures were removed or a variance granted.

At the applicant’s request the board granted a 60-day postponement and set the matter for the Zoning Board’s March 20, 2025 meeting at 6 p.m. The board’s motion to postpone carried unanimously.