Miami Lakes planning board continues after-the-fact gazebo variance after applicant disputes survey measurements

The Town of Miami Lakes Planning and Zoning Board on a unanimous vote continued a variance request from Isabelle Maria Fernandez to retain an after‑the‑fact gazebo, after the applicant challenged measurements in the survey included in the staff packet.

Staff presented VARH2024‑0489 and recommended denial, saying the proposal met only two of the seven variance criteria. "Staff recommends denial of the proposal, as shown in the attached plans received on November 15th," Planning and zoning staff member Justin Telleria said.

Applicant Eric Gutierrez, speaking for his wife, said the survey in the packet was incorrect and asked the board for time to submit an accurate survey. "I measure myself the pergola to 1 of the sides that is supposed to be 5 feet and it's 2.6 by survey," Gutierrez said, adding that his own measurement and eyewitnesses showed larger clearances on one side and about 7 feet on another.

Neighbors who testified urged approval or leniency. Neighbor Malgortza Kon said residents near the property supported the variance and that moving the structure to comply would require removing or altering an existing pool and jacuzzi. "We all are in agreement to grant this exception," Kon told the board.

Board members pressed the applicant to submit the corrected documentation because decisions based on incorrect dimensions could be detrimental to the applicant. Board members then voted to continue the item to the next meeting to allow the applicant to provide a corrected survey and supporting documents; the board also voted to accept the testimony previously given into the record for the continued hearing.

The board took no final action to grant the variance at the meeting; the item was deferred to the next meeting with the record left open to accept testimony already presented.