A majority of the City of Miami Beach Design Review Board approved two variances and denied one on Nov. 20 as part of final design review for an expansive waterfront residence at 94 Palm Avenue on Palm Island.

The applicant, represented by architect Rinaldo Borges, sought four variances: (1) permission to air‑condition an understory equipment and storage room, (2) permission to replace a full concrete slab with a reinforced, perforated concrete grid beneath pervious pavers, (3) permission to use an aluminum retractable trellis rather than a fabric canopy, and (4) a three‑foot elevator bulkhead height variance to accommodate a larger elevator cab. Borges described a 35,000‑gallon cistern and an engineered, pervious drainage system to manage stormwater and protect the site’s understory functions.

After extended questioning, the applicant withdrew the air‑conditioning request. Board members repeatedly raised the issue of precedent: the city’s understory rules were adopted to keep those lower levels non‑habitable, and several members said permitting air‑conditioning could be converted into living space later by future owners.

"I don't see that these are hardships," the chair said during the debate, summarizing a common view among members who opposed the air‑conditioning variance on hardship grounds. Borges argued the measure was a resilience and equipment‑protection step and appealed to building‑code allowances, saying, "Variances are not bad words" and that the design improves long‑term performance.

The board approved variance number 2, allowing a reinforced perforated concrete grid under pervious pavers to stabilize surfaces while maintaining permeability, following staff recommendations. The board rejected a motion to allow the trellis roof material to be aluminum rather than fabric; members expressed concern that a harder top material could be treated as a permanent projection and therefore count toward lot coverage. The board approved the elevator bulkhead variance to accommodate a larger, machineless elevator cab.

The board recorded that staff would continue to review final material samples and details under conditions in the draft order. No member suggested that the withdrawal or the votes signaled a change in the city’s understory policy; several members urged staff and commissioners to study code amendments so the DRB would not have to address similar situations case by case.

The board’s rulings: the air‑conditioning variance was withdrawn by the applicant; the perforated paver variance was approved; the aluminum trellis variance failed to obtain the required unanimous support for variance relief; and the elevator bulkhead variance was approved.

The DRB’s decisions will be memorialized in a final order and, where required, will return to staff for review of final samples and conditions noted in the order.