Lauren Pruss, AICP

Assistant Director of Community and Economic Development

Case #CD23-29VZ - 3 “Mom’s Kitchen Parking Variance” - An application by Floranada East, LLC, requesting the approval of an amendment to Resolution R-95-96 to grant an additional nine (9) space variance from Section 24-80(C)(1), Amount of Off-Street Parking, utilizing the previously granted parking ratio of one (1) space for every sixty-seven (67) square feet of customer service area rather than one (1) space per every fifty (50) square feet of customer service area to expand the existing restaurant at the subject property located at 1940 Northeast 45th Street and identified with parcel identification numbers 494213011780 and 494213011820.

Issue Statement:  The applicant, Floranada East, LLC, is requesting an additional nine (9) space parking variance to expand the existing restaurant located at 1940 Northeast 45th Street.

Recommended Action: The Board of Adjustment consider the requested  additional nine (9) space parking variance to expand the existing restaurant located at 1940 Northeast 45th Street for the site located at 1940 Northeast 45th Street in accordance with Section 24-232(C).

Additional City Approvals: This application has four (4) corresponding  applications for: 

• Front yard and side yard setback variances
• Amendment to R-95-96 removing a condition limiting the hours of operation for the existing restaurant
• 9 space parking variance
• Future approval of a license agreement (or similar) for a structure to be permanently constructed in the City right-of-way (pending, and subject to, approval of the requested variances).

Background & Additional Information:

Mom’s Kitchen is an existing 1,037 square foot restaurant contained within a 9,757 square foot commercial building located at 1940 NE 45 Street.  The site includes 40 existing parking spaces located to the north and south of the building. In addition, there is an existing outdoor seating area 192 square feet in size that is partially located in the NE 19 Avenue right-of-way that was approved as part of a complete reconstruction of the south parking lot in 2020.  This permit also approved the construction of four on street parallel parking spaces on NE 19 Avenue directly adjacent to the building.

The restaurant, and subject property was granted a parking variance in 1995 pursuant to Resolution R-95-96 “to permit one (1) parking space per 67 square feet of customer service area for a total of twelve (12) vs. one (1) parking space per 40 square feet for a total of twenty (20) parking spaces.”  This variance was granted with the condition that “the proposed restaurant shall limit its hours of operation from 6:00 a.m. to 2:00 p.m. If the hours of operation are expanded, the variance shall be reconsidered by the City commission.”

Neighborhood Participation Meeting: The meeting was held on September 7, 2023.

Description:  The subject site  is vacant and consists of two parcels containing 26,756 square feet (0.61 acres) of land. It is owned by the applicant and zoned B-1 Community Business District.

Surrounding Land Use and Zoning:

North: Commercial use, CB Community Business zoning (City of Ft. Lauderdale)

East: Commercial use, B-1 Community Business zoning

South: Commercial use, BP Business Parking zoning (parking lot)

West: Residential use, RM-25 Medium-High Density Residential zoning

Future Land Use:  The subject property has a Comprehensive Plan Future Land Use Map (FLUM) designation of Commercial. The existing use is consistent with the Comprehensive Plan.

The applicant proposes to renovate an existing 510 square foot tenant space adjacent to the existing 1,037 square foot restaurant for additional seating and storage purposes in support of the existing restaurant.  The conversion of this space results in an additional demand of nine (9) off street parking spaces when utilizing the previously granted parking ratio of one (1) space per sixty-seven (67) square feet of customer service area. 

It should be noted that Section 24-80 (J) of the Municipal Code permits the Development Review Committee to approve an alternative parking ratio should the applicant provide a parking study that provides verifiable documentation of the appropriateness of the ratio(s), indicate tenant use(s), square footage, requirement per the Code, ratio used, hours of operation, and the requested reduced number of spaces.  However, because the property was previously granted a parking variance, staff has been advised that the previously adopted Resolution R-95-96 must be amended by the City Commission to grant the additional parking variance.  The applicant has submitted a Traffic and Parking Statement and Narrative in support of the request.

Applicable Codes:

Zoning Regulations (B-1 Zoning District):

Section 24-232(C) Basis for a variance. The board of adjustment shall approve a variance only after the applicant has demonstrated justification for the granting of a variance in conformance with the following criteria:

(1)  That special conditions and circumstances exist affecting the land, structure or building involved preventing the reasonable use of said land, structure or building.

(2)  That the circumstances which cause the hardship are peculiar to the property, or to such a small number of properties that they clearly constitute marked exceptions to other properties in the district.

(3)  That the literal interpretation of the provisions of this chapter would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. (It is of no importance whatever that the denial of the variance might deny to the property owner some opportunity to use the property in a more profitable way, or to sell it at a greater profit than is possible under the terms of this chapter).

(4)  That the hardship is not self-created or the result of mere disregard for, or ignorance of, the provisions of this chapter.

(5)  That the variance is the minimum variance that will make possible the reasonable use of the property, and that the variance will be in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(6)  That granting the variance requested will not be detrimental to adjacent property or adversely affect the public welfare. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be grounds for the issuance of a variance.

(7)  Under no circumstances shall the board of adjustment recommend a variance to permit use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

Findings

To grant a variance, the project needs to meet the criteria listed in Section 24-232(C), which is provided in this report. The applicant provided a statement responding to each criterion in their application form.

The subject property was previously granted a parking variance in 1995.  Since this time, the City has also amended the parking regulations giving the DRC authority to approve an alternate parking ratio. However, due to the existing parking variance, it was determined that an expansion to the restaurant would require an amendment to the previous variance. The new language in the code permits a greater degree of flexibility for all other commercial property that is not available to this specific property.  The variance requires the owner to prove hardship, while the DRC action requires the owner to provide a parking analysis but not necessarily prove hardship.  This creates an undue burden that is unique to this specific property. The applicant has submitted a Traffic and Parking Statement prepared by a certified engineer in support of their request. 

Should the Commission vote to approve the requested variance, staff recommends that the approval be subject to the applicant recording a unity of title for the two folio numbers comprising the subject property.