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Cutler Bay council denies variances to legalize backyard pergola in flood zone
Summary
The town council voted to deny two variance requests from a homeowner seeking after‑the‑fact approval to legalize a pergola that staff said encroaches into required setbacks and sits in an AE flood zone, citing stormwater, drainage and precedent concerns.
A Cutler Bay homeowner’s request to legalize a recently installed backyard pergola was denied by the town council after staff warned the structure could worsen stormwater runoff and set a damaging precedent for setback exceptions.
Julian Perez, the planning and zoning director, told the council the property at 22042 Southwest 95th Place is in FEMA’s AE flood zone and that the pergola was built without required setbacks and permitting. Perez concluded the department’s evaluation and said the staff recommendation was denial, citing potential impacts on adjacent properties from runoff and noise and the risk of undermining the town’s setback standards.
The homeowner, Gladys Martinez, said the pergola was built about six months earlier and that she installed gutters and sod to keep runoff on her property. Martinez asked the council to legalize the structure so she could use her backyard, and said she has a medical condition that prevents exposure to sunlight. “I have a medical condition … I have skin cancer and I can’t get any direct sun,” Martinez said while asking for an after‑the‑fact permit.
Several council members voiced sympathy for Martinez’s situation but stressed the importance of upholding the town rules. Council member Lord and others said approval would set a precedent allowing other property owners to seek similar variances, undermining stormwater protections. Council members also criticized the contractor for not pulling permits and urged Martinez to pursue remedies with the contractor.
After discussion, Council member Lord moved to deny both variance requests (one for a reduced interior side setback and the other for reduced minimum spacing between buildings). The council took a roll‑call vote; Council member Duncan, Council member Ramirez, Council member Lord and Mayor Mirabont voted in favor of the denial. The motion passed.
Perez advised the homeowner to submit evidence of other similar approvals to code compliance for investigation and noted the applicant may pursue administrative or legal options outside the town’s variance process. The council’s action preserves the town’s stated setback and stormwater controls and closes the matter for these particular variance requests.
