Lauren Pruss, AICP

Assistant Director of Community and Economic Development

Case #CD23-29VZ – 2 “Mom’s Kitchen Parking Variance - Amend Hours of Operation” - An application by Floranada East, LLC, requesting the approval of an amendment to Resolution R-95-96 to remove the hours of operation condition for approval required by Section 2 of said Resolution for the subject property located at 1940 Northeast 45th Street identified with parcel identification numbers 494213011780 and 494213011820.

Issue Statement:  The applicant, Floranada East, LLC, requests approval of an amendment to Resolution R-95-96 to remove the hours of operation condition (6:00 AM to 2:00 PM only) for approval required by Section 2 of said Resolution for the subject property located at 1940 Northeast 45th Street.

Recommended Action: The Board of Adjustment consider the request to remove the hours of operation condition for approval required by Section 2 of said Resolution for the subject property 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 (.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 requests an amendment to Resolution R-95-96  to remove the hours of operation condition for approval required by Section 2 of said Resolution for the subject property located at 1940 Northeast 45th Street.  The applicant cites increased demand for the restaurant to be open later hours as a basis for removal of the condition.  The condition for approval was placed in relation to a requested parking variance that was granted in 1995.

Applicable Codes: 

(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 criteria in its application form. The applicant has provided a Traffic and Parking Statement prepared by a certified engineer in support of the request to remove the condition for approval for the prior variance. The statement includes a parking utilization survey and the engineer stated there is sufficient parking to support the restaurant at all times of the day.

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