The City of Miami Beach Board of Adjustment on Sept. 12 approved an after-the-fact variance to legalize a covered terrace at a single-family home on Daytonia Road, after staff said the structure was permitted but the application was not routed to planning for setback review.

City planning staff told the board the homeowner obtained a valid building permit but the permit submittal was not routed to the Planning Department for review under the land development regulations. Planning staff said the terrace reduces the required interior side-yard setback by about 1 foot 2 inches.

"This pergola was built under a valid permit and the applicant said that a good fit, the variance is necessary to avoid undue hardship and allow the pergola to remain in construction," Alejandro Avalos, the applicant's consultant, told the board. Planning staff recommended approval, saying it would be a hardship to require reconstruction at this point.

Board members asked whether the routing error was the city’s responsibility and whether fees could be waived. Planning staff responded that the routing omission was a city error in this case but that the city code does not provide a mechanism to waive fees for this particular application; staff noted the fee was reduced because the property appeared to be homesteaded.

After board discussion, a motion to approve the variance carried. The board closed the public comment period with no speakers on Zoom and no members of the public speaking in chambers. Staff told the applicant the board's recorded order would be finalized and recorded with the county, after which the applicant could submit the order to close out the open permit.

Why it matters: After-the-fact variances raise questions about permitting oversight and the costs applicants incur when construction proceeds without a complete routing or final planning sign-off. Board members pressed staff to consider how the city could prevent similar routing errors in the future.

The board approved the variance unanimously.