North Miami Board of Adjustment Grants Key Variances Amid Deliberations

The North Miami Board of Adjustment, during its recent meeting, approved several significant variance requests that will impact local development projects, including the legalization of a non-conforming accessory dwelling unit and modifications for a multifamily development’s side setbacks.

One of notable discussions centered around a variance request for an accessory dwelling unit (ADU) on Northwest 136th Street. The applicant sought to legalize an existing structure that did not conform to the specified lot size and unit size requirements. The lot was only 6,500 square feet, below the required 12,500 square feet, and the ADU was 250 square feet, contrary to the minimum 500 square feet requirement. Despite the applicant meeting only three of the six evaluation criteria, the board deliberated the staff’s recommendation for denial. Concerns about the ADU’s classification arose when it was noted that the application referred to it as a storage unit and lacked windows, casting doubt on its suitability as a living space. Language barriers complicated proceedings, leading to a decision to table the item until a certified translator could be present.

A notable variance request involved the extension of a dock in a residential area. Applicant Julio sought approval to extend his dock by 28 feet 2 inches, far exceeding the typical 6-foot requirement. He argued that the extension was necessary for safety, citing incidents with children and support from neighbors. The board examined whether denying the extension would unjustly infringe upon the applicant’s rights. Despite owning a compliant dock, Julio emphasized community support and safety concerns. The board approved the variance, reflecting on the broader need to revisit local dock regulations to curb frequent variance requests.

Another agenda item was the variance request for reduced side setbacks in a multifamily development project. The applicant aimed to decrease the R2 zoning setback from 25 feet to 7.5 feet to construct a 24-unit building. The development, intended to maintain a buffer with an adjacent single-family home, was scrutinized against the Neighborhood Redevelopment Overlay’s (NRO) regulations. While the applicant pitched the project as beneficial to the workforce community, staff noted that the variance did not align with the NRO’s aim of protecting single-family homes. The board considered the proposal’s implications on neighborhood dynamics and future development potential.

The meeting also addressed a variance related to parking requirements for the same multifamily project. With a proposal to provide 35 parking spaces instead of the required 38, the board discussed whether sustainable parking practices could justify this reduction. A motion to approve the project included conditions for maintaining the single-family home as a buffer and a covenant review in 10 to 12 years, allowing for future reassessment.

The board examined a variance request for a portable storage unit for a new brewery. The applicant sought to maintain a non-conforming setback of 2 feet 2 inches, aligning with the existing building’s parameters. Staff supported the variance, citing the property’s unique circumstances and minimal disruption to the neighborhood. Public comments favored the project, leading to unanimous approval by the board.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Alix Desulme
Zoning Board Officials:

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