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Zoning Board votes 5-1 to reopen May appeal on 15th Street after inspector general report surfaces
Summary
The Miami Beach Zoning Board of Adjustment voted 5-1 on June 2 to reconsider its May 5 decision on an appeal tied to ZBA230146 (Fifteenth Street) after the city’s inspector general reported newly discovered evidence about permit-file changes. If rehearing is granted, the matter will be noticed for the board’s September meeting.
The Miami Beach Zoning Board of Adjustment voted 5-1 on June 2 to reconsider its May 5 decision on an appeal tied to ZBA230146 (Fifteenth Street) after the city attorney reported newly discovered evidence in an inspector general investigation.
Board Chair opened the discussion item saying the motion would not be heard fully today but that the city attorney would explain procedure. City Attorney said the inspector general’s review disclosed evidence that an employee of the permit vendor “changed the front sheet” of two applications, a fact that was not known at the May hearing. The attorney said the inspector general’s office is still completing its work and that the evidence cannot be released immediately under public records rules.
The action matters because the board’s rules require that a member who voted in the original decision may move to reconsider. If the board approves reconsideration, the matter will be set for a future meeting with public notice. The chair stated the reconsideration, if approved, will be scheduled for the September 8 meeting to allow time for public notice.
“Whether or not that is going to change the ultimate decision of this board, procedurally the next step would be . . .” the city attorney said, describing the limited procedural role for today. Attorney for the applicant, Miss Dodson, told the board she supports reconsideration and said the inspector general told her there is “evidence that’s material and that could change the outcome.”
Board member roll call on the motion to reconsider recorded five affirmative votes and one negative vote: Mr. Nagler (yes), Mr. Silvers (yes), Mr. Aronson (no), Mr. Ecione (yes), Ms. Malecoff (yes) and Mr. Goldberg (yes). The chair announced the motion passed 5-to-1 and the item will be noticed for the September meeting.
Procedural context: the city attorney said the inspector general anticipates completing its report “hopefully by the end of this month,” but that the report is not yet a public record and cannot be distributed now. The chair and counsel reminded the board that no new testimony will be taken until the matter is formally noticed and scheduled for public hearing.
The board returned to the published agenda after the vote.
