On Sept. 12 the City of Miami Beach Board of Adjustment approved a package of variances that will allow portions of a new two‑story understory home at 5940 North Bay Road to be filled, partially enclosed and air-conditioned, and to deviate from certain understory-edge landscape and water-capture requirements.

Planning staff told the board the 2.28‑acre waterfront lot (reported in the record as 99,504 square feet) is large and irregular, and that the applicant’s design keeps visible massing low from the street while placing most two‑story massing toward the waterfront. Staff described several applicable provisions of the resiliency code (identified in the hearing as "section 7.2.2.3(b)(6)(a)" and related subsections) and recommended approval subject to conditions because the project relies on a set of interconnected variances; if one variance failed it could undermine the design’s function.

Attorney Matt Amster, representing 5940 NVR Owner LLC, and architect Robert (Rob) Mooring presented the design, describing stepped green roofs, terraced landscape and a partially enclosed understory intended to accommodate parking, storage, pool and mechanical space while meeting stormwater obligations. "Understories are an area underneath your home to allow for, again, you know, flow of water," Amster said during the presentation. Mooring described the project as a series of pavilions to reduce massing and said the design includes more than 30,000 square feet of green roof and extensive pervious area.

Board members asked detailed questions about the rooftop access, circulation to the understory parking, which areas would be enclosed, and the allowable extra height for understory homes (staff confirmed understory homes may receive an additional three feet in height). Several members expressed support for the design’s approach to stormwater capture and landscape; one member noted concerns about precedent but did not offer a successful motion to deny.

The board approved the variances in a single motion; the roll call in the transcript recorded one nay and the motion passed. Staff and the applicant will proceed with conditions in the draft order and the project will next follow any required administrative or design-review steps listed in the order.

Why it matters: Understory rules are intended to balance flood resilience with neighborhood scale. The board’s approval allows a waterfront property owner to use a hybrid approach—partially filled understory plus extensive green roofs and landscape—to meet resiliency and stormwater requirements while minimizing visible massing from the street.