Miami Lakes board conditionally OKs after‑the‑fact gazebo with limits on surrounding concrete and landscaping

The Miami Lakes Planning and Zoning Board voted to approve an after‑the‑fact variance allowing an existing gazebo at 16520 Northwest 80th Court to remain encroaching on the side and rear setbacks, with conditions requiring a landscape hedge to be maintained and limiting the concrete left in the setback area.

The variance request, filed by Isabel Maria Fernandez and presented for the property owners by Anna Evia and contractor Roberto Reinis, sought relief from two setback requirements: a side setback measured at about 3 feet where the code calls for 5 feet, and a 3.5‑foot distance from the residence where 10 feet is required for an accessory structure. The gazebo is 17 by 11 feet (about 87 square feet) and was built without permits, staff said.

Board members said they were concerned about the encroachment and the amount of concrete on the lot but noted nearby neighbors had signed approval letters. Planning staff recommended denial of the proposal as submitted. The board approved a motion to allow the gazebo to remain but limited the variance to the gazebo footprint and its required footings; all other concrete within five feet of the property line must be cut back to meet the code setback as a condition of approval. The approval also requires the applicants to obtain an after‑the‑fact building permit and to supply the town any structural or engineering plans required by permitting.

Applicant representatives described the lot as irregular and sloping toward the lake and said the gazebo columns sit on small concrete pads with rebar and local concrete footings. Contractor Roberto Reinis said, “They dig a hole on each column, 2 by 2 by 2, and there’s rebar framing and everything. It’s done properly.” Owner Anna Evia told the board they would “do whatever it needs to be done to comply.”

Board members noted the town’s permitting and lot coverage processes remain separate from the variance decision. The board’s conditional approval was explicit that the variance covers only the gazebo and the concrete and footings directly under it; any other concrete or changes to lot coverage must be addressed through the after‑the‑fact permitting process or separate variance applications. The board also advised the applicants to confirm homeowners association (HOA) approval because HOA rules may be stricter than town standards.

The motion passed on a roll call vote with all voting members recorded as yes: Board member De La Sierra; Board member Cruz; Board member Julia; Vice Chair Senra; and Chairman Leoncio. The board’s conditions require the owners to submit required engineering plans in permitting, remove or cut back concrete as stated, maintain the required landscape hedge behind the gazebo, and obtain any additional approvals that may be needed from the HOA or building department.

The board closed the public hearing after hearing testimony from the owners and the contractor. The applicants were advised that lot coverage and impervious surface calculations will be verified during the after‑the‑fact permitting review and that additional remediation or separate variances could be required.