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Board recommends manager consider administrative variance for pool that slightly encroaches into rear setback
Summary
The Village of Biscayne Park board concluded a newly built pool that encroaches roughly 4–6 inches into a rear setback appears to be a contractor layout error and recommended the village manager consider granting an administrative variance under section 13.4.0.8 rather than advancing a full variance hearing.
The Village of Biscayne Park board reviewed a variance request for a pool built at 1015 Northeast 14th Street that ends up a few inches inside the rear setback. Committee member said the contractor "laid it out slightly off, and then they did this final survey, and it was 6 inches high of the setback," describing the encroachment as limited to one corner and likely the result of an installation error rather than deliberate noncompliance.
Members debated whether the application met the board's four-point variance standard but noted the land-development code allows the village manager to grant limited administrative variances under the administrative-variance rules. The board voted to recommend that the village manager grant an administrative variance under section 13.4.0.8; one participant summed up the decision saying, "I vote to recommend approval." The board emphasized that if the manager does not grant the administrative variance, the item would return to the board and ultimately to a commission hearing scheduled by staff.
