Biscayne Park Planning Board Tackles Glass Fence Regulations and Setback Challenges

The Biscayne Park Planning Board meeting featured discussions on local zoning regulations, focusing on the denial of a glass pool fence due to material restrictions, and ongoing challenges with setback regulations. Applicants faced difficulties in aligning their proposals with the community’s strict zoning codes, particularly concerning the use of materials not approved by local ordinances and the need for proper setback adherence.

The most discussion centered around the application for a glass pool fence on Northeast 111 Street, which was denied due to zoning code restrictions that do not permit glass as an approved fencing material. The applicant aimed to replace an existing wooden fence with a glass one for aesthetic reasons, but the board explained that local regulations only allow for wood, masonry, composite, vinyl, metal, or wire fences. The board emphasized that while the applicant could apply for a variance, which might offer some flexibility, the current request could not be approved.

The applicant was informed that the existing code permits a fence up to three feet in height in the side yard without a variance. The board also mentioned a previous application related to a trellis that was tabled due to insufficient dimensional details, urging the applicant to resubmit with accurate information.

Another discussion involved setback regulations and the challenges faced by property owners in complying with these requirements. A pool permit application was denied twice due to proximity to the street and setback issues. The applicant expressed frustration, highlighting attempts to comply by moving the pool location further inside the property. However, complications arose due to the presence of a septic tank and driveway in the proposed area. The applicant also reported issues with the city’s permitting process, including a canceled meeting and lost paperwork, despite having paid a fee for a variance application.

The board clarified that the required setback distance is 30 feet from the property line, which seemed to be a point of confusion for the applicant. Emphasizing the importance of compliance before starting construction, the board advised the applicant to ensure all necessary permits were obtained. A board member suggested staff should assist the applicant in completing the required forms to move forward, though the application was ultimately denied as presented, pending accurate completion of a variance application.

The board also addressed several other technical matters related to applications and permits, including a re-roofing project at 11020 Northeast 9th Court, which necessitated adjustments to submitted drawings to meet code specifications. Similarly, a window and door replacement project at 11929 Northeast 6th Avenue was approved after confirming that the proposed changes, including the use of horizontal sliders and a bronze color scheme, complied with local standards.

Temporary construction fencing on Northeast 113 Street was another topic of discussion, with the board requiring explicit height and location details in the application. The board moved to submit the necessary documentation to resolve these issues.

The meeting further delved into new construction plans for 739 Northeast 118 Street, which involved modifications to enhance access for three neighboring homes sharing a right-of-way. The board discussed creating a parking area and landscaping to beautify the shared space, emphasizing collaboration among homeowners.

Additionally, concerns were raised about the implications of subdividing legally platted lots, with the board clarifying that while the county may recognize separate lots, local planning codes do not allow their development as standalone entities due to insufficient size. The board reiterated the need for proper due diligence and compliance with local zoning laws before proceeding with subdivision attempts.

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:
Jonathan E. Groth
Planning Board Officials:
Gage Hartung, Edward Levya, Scarlet Hammons, David Gruen

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