Board of Adjustment approves after‑the‑fact variances for pergola and artificial turf at 5413 Lagores Drive

The Miami Beach Board of Adjustment on July 7 approved three after‑the‑fact variances for work at 5413 Lagores Drive, including a reduced side‑yard setback for a pergola, relief from a rear‑yard open‑space requirement and permission to install artificial turf in required side yards.

City staff introduced the application, saying it arose after a citation issued June 7 of last year and subsequent permit activity that was not routed to the planning department for review. “An application has been filed requesting after the fact variances from the required side yard setback for the construction of a pergola structure and deck within the rear yard and a variance for the installation of artificial turf,” said Mr. Beloush, city staff. He told the board the building department had issued a permit but the planning review step was not completed; planning later identified the setback and open‑space noncompliance during final inspection.

The three variances approved permit: a reduction of the required side setback from 7 feet 6 inches to 6 feet to accommodate the pergola; an exception to the requirement that at least 70% of the required rear yard remain pervious/open landscape; and an exception to the maximum walkway width (44 inches) to allow artificial turf walkways in the side yards. Staff recommended approval, saying the pergola setback is consistent with other nearby structures and that the rear yard remains compliant even though side yards were treated as hard surface.

The applicant’s representative, Miss Galletto, said the pergola was built on an existing slab and that the homeowner promptly applied for permits after the citation. She described the structure as a non‑mechanical outdoor bar with a charcoal grill and said the homeowners have not used the grill or other features since the violation was cited. She also described delays in the permitting portal and in coordination between building and planning, and asked the board to approve the variances so the homeowner could complete final inspections.

Board members questioned whether structural or engineered plans were submitted. Board member Silvers, who identified himself as an architect during the hearing, said the plans presented lacked a title block and a signed/ sealed structural plan and that product approvals for the aluminum members would normally be reviewed by building plan reviewers. City staff responded that the building department had reviewed an engineer’s letter that the existing slab could support the pergola and that the city is correcting a permitting workflow issue so planning receives applicable permits for inspection.

No neighbors or members of the public spoke against the application. Several board members said they saw no neighborhood objection in the mailed notices. Following discussion, the board voted unanimously to approve all three variances. The motion to approve the three variances was moved by Mr. Harrison and seconded by Mr. Silvers; voting yes were Mr. Nagler, Mr. Silvers, Mr. Aronson, Mr. Racine and Chair Mr. Goldberg.

The board chair said staff would prepare an order for recording and that once the order is uploaded to the permit set staff would advise the applicant about calling for a final building inspection.