Zoning board approves variances for Pine Tree Drive waterfront home

The Miami Beach Zoning Board of Adjustment on March 7 approved three variances to allow construction of a two‑story waterfront home called Villa Del Mar at 5421 Pine Tree Drive.

The board approved a two‑foot height variance plus two variances for an accessory structure — a reduced southern interior side setback and a reduced sum of side setbacks — after staff and the applicant argued the lot’s size, irregular shape and multiple frontages create practical difficulties under a literal reading of the city’s land‑development regulations.

Staff planner Rogelio Madden told the board the lot is in the RS‑2 zoning district, measures roughly 58,703 square feet (about 1.34 acres) with a depth of about 388 feet and fronts the Indian Creek Waterway. Madden said the main house complies with unit‑size and lot‑coverage limits and that the accessory structure, which will include a guest house and a rooftop terrace, is the only part of the proposal that requires setback relief. He said the accessory structure’s encroachment would adjoin a public park and should not impact neighbors. "If it were within the rear yard it would comply with the setbacks perfectly," Madden said.

Applicant representative Emily Balter of Burke, Cardell & Fernandez summarized the design and neighborhood outreach. She told the board the applicants seek two feet of additional height to accommodate a design with offset slabs and lofted floor‑to‑ceiling heights; the proposed home will be about 32 feet in height including freeboard. Balter described the accessory structure as roughly 700 square feet and said the only setback encroachment is a staircase accessing a roof terrace. She said the project includes dense landscaping to screen the accessory structure.

There were no public speakers in opposition or on Zoom during the public comment period. Balter noted the team distributed letters of support from nearby neighbors and said they conducted direct outreach to likely affected properties.

The board considered each variance individually. The height variance (variance 1) was moved by Commissioner Davis and seconded by Commissioner Krennick; the motion carried with one member opposing. The two accessory‑structure variances (variance 2 for the side interior setback and variance 3 for the sum of side yards) were then approved — the first unanimously and the second by unanimous vote as recorded on the audio record.

Staff recommended approval subject to the conditions and the attached draft order on file with the city clerk. The board’s approvals allow the applicants to proceed toward permitting; any building permits or conditions remain subject to final compliance with code requirements and the draft order.

The board’s next regular meeting is May 2, where remaining appeals and other items are scheduled to be considered.