A Miami Beach homeowner won approval from the Zoning Board of Adjustment on an after‑the‑fact request to legalize portions of a renovation that encroach on setback areas.

The applicant said the house, built in 1936, sits diagonally on a corner lot and that renovations were undertaken to improve living space and neighborhood appearance. “Everything that was submitted into the original after‑the‑fact permits proves that everything was made to the code of the cities,” the applicant told the board, noting architects and licensed contractors documented the work and that the driveway was resurfaced but not extended.

Staff told the board the standard conditions in a board order require applicants to return if they make substantial modifications so the board can review future nonconforming changes. Board members raised one potential condition that the hedge adjacent to a new pergola remain and be taller than the pergola; the applicant said the hedge has been growing for four years and is expected to reach the proposed height in about a year. Several board members said they were reluctant to add a condition that would immediately put the applicant in violation and preferred to rely on the applicant’s assurances and existing code enforcement mechanisms.

At the meeting the board received letters of support from immediate abutters, and the applicant said drainage, sewage and other construction details comply with city requirements. After discussion the board moved, seconded and voted to approve the variance as presented. The transcript records the motion and a unanimous voice vote in favor; no individual vote tallies were recorded in the public transcript.

The board’s approval regularizes the after‑the‑fact permits for the deck, walkway and resurfaced driveway subject to the board order’s standard conditions and enforcement provisions. The board did not adopt the proposed hedge height condition but staff noted that violations of the approved order could be enforced if the property later changed in ways inconsistent with the approval.

The item was taken at the start of the meeting and concluded before the board moved to two other variance matters later on the agenda.