Board approves after‑the‑fact variance for rear‑yard paving at North Miami canal property

The Board of Adjustment unanimously approved variance V‑16‑25 on Nov. 19 to legalize impermeable paving that encroaches on required rear and side setbacks at 1970 Northeast 124th Street, a single‑family property on a canal.

Planner Safi Biename told the board the work was done without permits and staff found the applicant met only one of the six variance criteria, so staff recommended denial. Biename explained the 5‑foot side/rear setback is intended to ensure proper drainage and prevent flooding and warned that granting after‑the‑fact relief could set an undesirable precedent for unpermitted work.

Owner Perry Lanway, appearing by video, said the backyard project included separate permitted work (pool renovation, seawall and dock repairs, and a rebuilt shed) and that permit processing complications and a prior IT/hack issue delayed finalization. Lanway said the final tile and paving areas were integrated after completing the seawall and dock work.

Board members asked technical questions about the property line, the presence of a chain‑link fence and a concrete block wall, and noted the seawall’s width and how rear setbacks are measured from the property line in the water. Staff confirmed the concrete seawall is about 3.2 feet wide and that the measured rear setback to the paved area was 4.2 feet rather than the required 5 feet.

After discussion about enforcement and the need for stronger consequences for unpermitted work, the board voted to grant the variance with the condition that the applicant obtain an after‑the‑fact building permit and complete engineering and trade reviews through the Building Department.

The board’s approval was unanimous, and members asked staff to ensure the building department inspects the work and documents any required remediation or engineering conditions.