Board of Adjustment approves variance to enclose rear terrace at 3741 Royal Palm Avenue

The Miami Beach Board of Adjustment on June 6 approved a variance allowing the owner of 3741 Royal Palm Avenue to enclose an existing covered rear terrace, raising the home's unit size and lot coverage beyond zoning limits. The vote took place at the Commission Chambers, 1700 Convention Center Drive, during a regularly scheduled meeting.

The variance authorizes the conversion of a covered, already-built L-shaped terrace into conditioned interior space by installing windows and reconfiguring some interior rooms. Staff noted the change does not add building footprint or change setbacks; it does increase unit size to about 54.13 percent of the lot and lot coverage to about 35.76 percent. The board approved the application by voice vote after a motion by Commissioner Mermeli and a second by Commissioner Silverman.

Staff and the applicant told the board the work is being sought while the house is under construction under building permit BR2004631. Tony Rescio, attorney for the applicant, said the enclosure will not increase the home's massing and described the change as an interior reconfiguration: "They're not changing the setbacks. They're not modifying any other aspect of the house, other than the interior configuration and just enclosing that area." Rescio said the family needs the additional interior space to accommodate elderly relatives who will move into the home.

The application and staff report gave the following measurements: the lot is just over 11,000 square feet; the current conditioned floor area is listed at about 5,432 square feet, the zoning maximum (50 percent of the lot) equals about 5,625 square feet, and the proposed conditioned area was reported as roughly 6,089.54 square feet (about 54.13 percent). Lot coverage was reported as moving from 29.91 percent (3,365 square feet) to approximately 35.76 percent (4,023 square feet). Staff recommended approval with a condition that no additional outdoor terraces be added to the rear of the house, to prevent any further increase in massing.

The applicant also cited what was described as a local contextual factor — the block contains parcels subject to the Fortieth Street religious-institution overlay and some nonresidential uses — and argued that proximity to those uses produces noise and circulation conditions that make additional indoor space preferable. Rescio said the family has provided four letters of neighbor support; the applicant said the owners accept the conditions in the draft order.

Board members asked questions about the location of the new bedroom and neighbors. Commissioner Davis said he had driven by the property and described it as "quite large relative to the other properties on the side." Commissioner Krennick asked whether the nearby congregation was long-established; staff and the applicant said it was. Staff emphasized that the variance request was minor in scope relative to the already-approved building envelope and described the practical-difficulty pathway available under the code for variances.

A motion to approve the variance carried on a voice vote with no recorded nay votes. The approved action was limited to the enclosure described in the staff order and included the staff-recommended condition preventing additional rear terraces. The applicant was present by Zoom and accepted the board's conditions.

The board also handled other procedural items during the June 6 meeting, and its next scheduled meeting was announced as July 30.