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North Miami Board of Adjustment unanimously approves variance to keep pool deck that reaches five‑foot rear setback
Summary
The City of North Miami Board of Adjustment approved a variance allowing an existing pool deck to remain as built despite encroaching into the five‑foot rear‑yard setback at 2037 Northeast 131st Road; staff said the building permit was issued in 2021 and an oversight prevented administrative approval.
The City of North Miami Board of Adjustment on a unanimous vote approved a variance to allow an existing pool deck to encroach into the five‑foot rear‑yard setback at 2037 Northeast 131st Road, the board said at a special meeting. The board approved the motion after a staff presentation and statements from the applicant’s attorney.
Safi Vienna May, senior planning technician in the Office of Land Use Services, told the board the applicant applied for a building permit in 2021 and the permit “was reviewed and approved and went through all the proper disciplines.” May said staff later discovered the built pool deck extended to the property line and that the final zoning inspection could not be approved because of that encroachment.
May said the variance request was evaluated under the land development regulations and that staff found the applicant met four of the six legal criteria for a variance. "Although a portion of the structure does encroach into that 5 foot paving setback, the structure does not, negatively affect the stability or appearance of the city," May said. Staff recommended approval and asked the applicant to comply with all federal, state and local regulations.
The applicant’s attorney, Alfredo Gonzales of the law firm Gunster, said the encroaching area is small and that correcting it now would be extensive. "It's a minimal 20 linear feet area," Gonzales said, adding that to cut the deck back would likely require removing the pool and significant reconstruction. He said the house was built from scratch and that drainage and other systems were modernized to address any concerns.
During board discussion, one member asked whether the engineering concerns about removing the deck and pool were firsthand staff findings or information received from the applicant; staff replied the information came from the applicant. A board member emphasized the original purpose of setbacks for drainage and separation and suggested the board could consider administrative changes for waterfront properties in future revisions to the land development regulations.
Vice Chair McDearmade moved to approve the variance; Board member Robert Flint seconded. On roll call the motion passed unanimously. The board recorded the item as approved and closed the public hearing.
Board staff noted the permit issuance in 2021 and the administrative oversight that led to the variance request. The board scheduled its next regular meeting for the 20th at 6:30 p.m., according to staff.
