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Board approves pergola setback relief at 5080 E. 9th Lane with conditions
Summary
Hialeah’s planning board approved a request to allow a pergola/gazebo at 5080 E. 9th Lane that requires reduced rear setback and reduced separation from the main structure, granting relief subject to six staff conditions including that the structure remain open on all sides and that the existing building permit BLDR‑011227‑2024 be finalized before new permits are issued.
The Hialeah Planning & Zoning Board voted to approve a variance to permit a pergola at 5080 East 9th Lane that does not meet the city’s standard rear setback and required separation from the primary dwelling.
City staff reviewed property and permit history, noting the one‑story, 1,797 sq ft residence originally built in 1954, subsequent permitted additions, and a 2015 pool and 2016 roof. Staff found the proposed pergola would be open in design, remain within the property boundary, not interfere with light, airflow or visibility for neighboring properties, and would not encroach into a 5‑ft utility easement.
Staff recommended conditional approval and listed six conditions: the gazebo must remain open on all sides and not be enclosed without further review; the property must remain a single‑family residence per a recorded declaration of use; permit BLDR‑011227‑2024 must be finalized before issuance of building permits for the pergola; a building permit application must be submitted for the pergola and all proposed improvements; the applicant must obtain all required permits prior to construction; and further modifications or expansions require additional review.
Board discussion included brief questions; the board moved to approve with conditions (mover and seconder recorded on the roll). Board members were clear that even with board approval, council review remains a subsequent step for final action and that permits cannot be issued until council action and required building‑permit finalizations are complete.
