Zoning board approves after‑the‑fact setback variance for pergola at 4454 North Meridian Avenue

The Miami Beach Zoning Board of Adjustment on May 5 approved an after‑the‑fact variance allowing a pergola that encroaches into the required side setback at 4454 North Meridian Avenue.

The board granted the variance for a pergola constructed with a 5‑foot side setback where the city’s setback standard requires 10 feet, citing practical difficulties created by the footprint of the existing 1949 house and an existing front‑yard pool.

City planning staff said the building permit for the pergola had been issued in early 2022 without planning review after the permit application was not routed to the planning department. Planning staffer Michael Baluch told the board the omission was “through no fault of the property owner” and that the planning department did not learn of the encroachment until a final inspection in November 2022 prompted a site visit.

Homeowner presentation and neighborhood support Homeowner Steven Samek, identified during the meeting as the property owner and manager, told the board he and his wife had “submitted letters from our neighbors who are in support of the variance” and asked the board to grant relief. Samek said the pergola was built to the issued permit and that the routing error by the city resulted in the current after‑the‑fact request. “We’re now in a situation where we have been good homeowners and actually come to the city to get a permit,” Samek said. “We’re effectively being punished by having to spend over a year to build a pergola, by trying to do the right thing.”

Board discussion and staff position Planning staff recommended approval as a minimal variance that retained the low‑scale character of the neighborhood. Baluch told the board the home’s footprint and the pool location limited options to move the pergola to comply with the 10‑foot side setback. During questioning board members pressed staff and the owner about the permitting timeline; Samek and staff described a permitting sequence that began in December 2021, with the planning inspection not occurring until November 2022.

Board members who examined the site and the staff report generally expressed support for retaining the historic home and for the variance as a limited remedy. Board chair Belushi commented that the structure “looks very good, very attractive,” and said he could see why neighbors had not objected.

Vote and formal action A motion to approve the after‑the‑fact variance was made by board member Miss Malakoff and seconded by Mr. Aronson. The board voted to approve the variance; the chair called for voices and recorded unanimous assent among the members present. Motion: approve after‑the‑fact variance for pergola at 4454 North Meridian Avenue. Mover: Miss Malakoff. Second: Mr. Aronson. Outcome: approved (voice vote; board members present recorded as voting yes). Notes: variance granted based on practical difficulties tied to the existing house footprint and an existing front‑yard pool; permit routing error identified by staff.

What happens next The approval resolves the immediate zoning violation for the pergola; no additional amendments or conditions were articulated by the board during the meeting. Staff indicated the city was working to improve permit routing to avoid similar oversights.

Ending The board recessed briefly and then continued with the agenda. The applicant and staff were thanked for their patience and cooperation during the hearing.