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North Bay Village board recommends approval of Pagani Residences variance to raise tower height and allow small balcony intrusions
Summary
The village board voted unanimously to recommend approval of a variance for the Pagani Residences (7938–7940 West Drive) that would raise the tower from the previously authorized 312 feet to 322 feet and permit de minimis balcony intrusions to accommodate design and parking changes. Staff recommended denial, citing unmet variance criteria, but members accepted conditions and the applicant argued the changes are necessary to provide mechanical lifts and additional parking.
The North Bay Village board voted to forward a recommendation to the commission to approve a variance requested by 7940 MBV Partners for the Pagani Residences at 7938–7940 West Drive. The request would allow a tower height increase from the previously authorized 312 feet to 322 feet and permit small balcony intrusions into front and rear setbacks under specified conditions.
Planning staff summarized the project's history and legal context, noting the site previously received approvals in 2023 and used transfers of development rights (TDRs) to reach 312 feet. Staff told the board that in its review the applicant "does not meet all of [the seven variance] criteria" and concluded, "for that reason, staff is not recommending approval of this variance." Staff also acknowledged that a 10-foot increase would likely be visually minimal and that added parking could be a public benefit.
The project's representative described the development as the Pagani Residences, "an ultra high end 70 unit development," and said the design changes do not alter density or the building footprint. The applicant explained the additional height accommodates mechanical lifts in the garage that would add about 20 parking spaces and creates taller "sky residences" on upper floors; the team said these design elements are part of the product’s brand requirements.
Board members asked technical questions about unit ceiling heights, how the 10-foot total increase is allocated (6 feet in unit volumes plus 4 feet for the parking level), podium-versus-balcony setbacks, and whether the balcony intrusions are truly de minimis. After a brief public comment period and a motion to approve the project "with staff recommendations," the board adopted the recommendation on a unanimous roll call (Vice Chair Abramson, Board member Burpee, Board member Andres, Board member Thompson and Chair Shaw all recorded as "yes").
The board’s action was a recommendation to the mayor and commission; any final approval, conditions, or permit issuance will be decided by the commission in its review of the applicant’s request.
