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Board grants after-the-fact variance for dock at North Hibiscus Drive despite staff denial recommendation
Summary
The Board of Adjustment granted a 7-foot-5-inch dock variance at 1875 North Hibiscus Drive after hearing that the dock was constructed following prior approvals and inspections; staff recommended denial because the request met only three of six LDR criteria but noted other agency approvals and an error in prior staff approval.
The North Miami Board of Adjustment voted unanimously to grant an after-the-fact variance allowing a dock to extend 7 feet 5 inches from the face of the seawall at 1875 North Hibiscus Drive.
Planner Safi Bieniime told the board the dock had been constructed following an approval that was later discovered to have been issued in error. "When making our analysis, staff did find that the applicant met 3 out of the 6 criteria," Safi Bieniime said, and recommended denial because four positive findings are required for a favorable recommendation.
The applicant and a contractor told the board the structure had passed city inspections and other agency reviews and that removing the dock would impose extreme costs. Michelle Wilson said inspectors had approved the work and asked the board to finalize the permit so the owner could close out the project. A staff representative outlined the three-part equitable estoppel test from Florida law — good-faith governmental action, reasonable reliance, and substantial change or expense — and told the board equitable estoppel applies only under exceptional circumstances.
Several board members said denying the permit after inspections and earlier approvals would be inequitable. "I think it'd be a disservice, for us to not grant you this," said the board chair during deliberations, and a motion to approve was made and seconded. The clerk recorded a unanimous roll-call in favor of granting the variance.
The board's action overruled staff's recommendation and granted the requested dock projection. The board did not record any conditions beyond normal permit closeout procedures discussed by staff.
