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Miami Lakes planning board approves gazebo setback variance at 8601 NW 160th Street
Summary
The Planning and Zoning Board approved a variance allowing a 288-square-foot gazebo to encroach into required side and residential setbacks at 8601 NW 160th Street, subject to conditions including plan review and a 12-inch maximum overhang.
The Town of Miami Lakes Planning and Zoning Board on an unspecified date approved a variance allowing a 288-square-foot gazebo at 8601 NW 160th Street to sit closer to the side street and residence than zoning normally permits.
Planning staff told the board the application (VARH 2024-0517, applicant listed as Rolando Chirino) requested two variances from section 13-1502: to allow the gazebo 10 feet 6 inches from the side facing the street where 15 feet are required (an encroachment of 4 feet 6 inches), and to allow the gazebo 6 feet 6 inches from the residence where 10 feet are required (an encroachment of 3 feet 6 inches). Staff said the gazebo would be located on the west side of the rear yard.
The applicant’s representative, Joanna Cardoso, spoke for the family and confirmed no work had been performed yet and that they would apply for a building permit if the variance were approved. Board members discussed that the subject lot is a corner lot, which increases the side-street setback to 15 feet, and that an existing 10-foot utility easement runs along the sidewalk into the property. Board members and staff cautioned the applicant that gazebo footings could not encroach into the utility easement and suggested an eccentric footing design to avoid the easement.
Board members also questioned whether the proposed 12-by-24 (12-by-20 or similar) gazebo needed to be as large as proposed and encouraged the applicant to consider reducing square footage to lessen foundation and easement conflicts. Staff and board members reiterated that homeowner association rules (Royal Oaks HOA was discussed by speakers) are not enforceable zoning criteria and may be enforced separately by the HOA.
The board approved a motion to grant the variances with conditions: the side-street setback as reflected in the motion (12 feet 5 inches from the side street where 15 feet are required in the motion text), the 6 feet 6 inches setback from the residence where 10 feet are required, plans to be submitted and found substantially consistent with the approved proposal, no additional accessory structures, and a maximum overhang of 12 inches. The motion passed by roll call (Board Member Cruz: yes; Board Member de la Sierra: yes; Board Member Julia: yes; Chairman Leoncio: yes).
The board’s approval was conditioned on final plan review and compliance with staff-stipulated conditions; staff warned that if the gazebo footing were found to encroach into the utility easement the applicant would be required to remove and restore the structure at the owner’s expense.
The board closed the item after the vote and moved on to the next case.
