The City of Miami Beach Board of Adjustment on Sept. 12 approved an after-the-fact variance to legalize a paddle court that encroaches six inches into a rear-yard setback on a waterfront lot on North Bay Road.

Planning staff said the lot is irregularly shaped and the encroachment affects only a small corner of the court. The board heard from MJ Permits representative (identified in the record as Mr. Juvert) who said the encroachment was limited to a single corner and that mature landscaping screens the court from neighbors.

"This is a very unfortunate variance where it's just a corner of the paddle court that's encroaching. Not even it's a little bit less than 6 inches going into the the rear setback," the applicant's representative told the board. Staff recommended approval, citing the lot's shape and the modest size of the encroachment.

Board members questioned why a permit was not obtained before construction. Planning staff later confirmed that the item came to the department because a complaint was lodged alleging unlawful construction: an initial violation (BA2400499) was issued for denial of access to officials; after access was obtained the building department issued a second violation (BVC2400001321, issued 03/13/2024) for filling in a swimming pool and constructing the paddle court without permits.

Board members expressed frustration with contractors or builders who proceed without permits but also determined the variance was de minimis in scope and moved to approve. The motion to approve carried with no recorded dissents.