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Board approves variance for rebuilt dock at 4107 Miller Drive despite missing southern neighbor sign-off
Summary
The Board of Adjustment approved a variance allowing a 6-by-20-foot dock (half a foot longer than code) and a reduced riparian setback at 4107 Miller Drive after hearing from staff and the applicant; the southern waterfront neighbor did not sign but staff and the applicant said notice and attempts to contact that owner were made.
The Board of Adjustment approved a variance on the rebuilt dock at 4107 Miller Drive, voting unanimously to allow a new 6-by-20-foot dock and a reduced riparian setback after a presentation by staff and testimony from the applicant's agent.
The variance request sought relief from the city's dock standards in land development code section 6.23(d)(3) and (4) to replace a storm-damaged dock and to construct a narrower structure 20 feet long (a half foot longer than the 19.5-foot allowance) that would encroach up to about 0.6 feet into the southeastern neighbor's riparian setback at the closest point.
Staff planner Brandon Berry summarized the request and noted the proposal would produce a dock narrower and shorter than the existing structure and that the north-side neighbor had provided a signed letter of no objection. Berry said staff had not received a letter from the southeastern (south) waterfront neighbor and that administrative approval would require signature from any affected neighbor. He also said there is an active permit for renovation of the house and that the existing seawall showed mild erosion.
Agent Micah Thompson of Gulf and Bay Dock Works told the board the proposed dock is roughly half the size of the existing dock and that the property owner wants a configuration that could accommodate a small future boat lift if the neighboring owners sign off at that later date. Thompson said he and the owner attempted to contact the southeastern neighbor (listed in the city records as mail to NXT Acquisitions Corp. in Coral Gables) without success.
Board members discussed whether to continue the item to allow additional attempts to reach the absentee owner, given that the current dock already encroaches into riparian setbacks (staff estimated the existing dock was about 5 feet from the extended southeastern property line at its closest point and the proposed dock would reduce that clearance to roughly 0.6 feet at one point). Several members said they were comfortable voting because the applicant and staff had made the required notices and because there was no recorded objection on file.
Action: The board voted to approve case 25060 as proposed, with no conditions. The motion passed by roll call with all voting members recorded as yes.
The applicant and agent were reminded that any future request for a boat lift or other additional work would require separate approvals and, if additional neighbor signatures are necessary, the item could return to the board.
Why it matters: The decision lets the property owner replace a storm-damaged dock with a smaller structure now, while preserving the possibility of a future lift if neighboring owners agree. It also illustrates how absentee or out-of-state property ownership can complicate neighborhood sign-off requirements.
Details: The staff report cited Land Development Code section 6.23(d)(3) and (4). The approved dock is 6 feet wide by 20 feet long; code allows 19.5 feet in length in this location. Staff noted a one-year limitation on the variance if exercised and recommended no special conditions for approval.
Speakers quoted above are those who testified at the hearing or who were recorded in the staff presentation; any future lift proposal will require separate filings and neighbor authorization if applicable.
