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Board approves variance to legalize accessory dwelling unit at 445 NW 136th St., adds family-only occupancy condition
Summary
The North Miami Board of Adjustment voted 5-1 to approve variance V-0624 to legalize an existing, unpermitted accessory dwelling unit (ADU) at 445 NW 136th Street, imposing conditions including that any future occupant be a direct relative of the owner and that the structure comply with building department requirements.
The North Miami Board of Adjustment approved a variance (V-0624) Wednesday to legalize an existing nonconforming accessory dwelling unit at 445 Northwest 136th Street, voting 5-1 to allow the structure to remain under conditions including a stipulation that any future occupant be a direct relative of the property owner.
Staff presented the application as a request to vary Article 5, Division 1, Section 5-102 (E1 and E2) of the city land development regulations to permit an ADU on a lot of 6,500 square feet — smaller than the 12,500-square-foot minimum cited in the code — and to legalize a detached ADU of about 258 square feet where the ADU minimum is 500 square feet. Staff told the board that the structure was constructed without building permits and that, under the LDR criteria, the…
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