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Town Board Denies Variance for Controversial Pergola Structure

July 29, 2024 | Town of Highland Beach, Palm Beach County, Florida


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Town Board Denies Variance for Controversial Pergola Structure
In a recent government meeting, the board addressed a contentious issue regarding the classification and permitting of gazebo structures within the town. The discussion centered on whether gazebos, classified as accessory structures, should require a variance for placement, unlike other similar structures such as cabanas and fences, which do not.

Board members expressed concerns that the current code treats gazebos differently, necessitating a variance that could complicate the approval process. One member emphasized that the town planner and building department had indicated the existing regulations were not being applied correctly, leading to confusion about the requirements for accessory structures.

The debate highlighted a broader issue of regulatory consistency, with members questioning why pergolas, a type of gazebo, would require a variance while other accessory structures do not. This inconsistency was seen as potentially burdensome for residents looking to build such structures.

Ultimately, the board voted to deny an appeal related to this issue, with a majority supporting the town's interpretation of the code. The motion to uphold the staff's decision passed with a vote of four to one. Board members acknowledged the difficulty of the decision but reiterated the importance of adhering to established regulations.

The outcome of this meeting underscores ongoing challenges in local governance regarding zoning laws and the need for clarity in building regulations, particularly as they pertain to accessory structures. The board's decision may set a precedent for future applications concerning similar structures in the town.

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