Miami Beach Board of Adjustment Approves Variance for Waterfront Paddle Court
- Meeting Overview:
In a recent session, the Miami Beach Board of Adjustment addressed multiple variance applications, with a focus on after-the-fact variances involving construction and zoning compliance.
The most newsworthy topic revolved around the approval of a variance application for an after-the-fact paddle court construction at a waterfront property. The property, characterized by its wedge-shaped lot, faced challenges in adhering to setback regulations, resulting in a minor six-inch encroachment into the rear yard setback. The board’s decision to approve the variance underscored the difficulty of enforcing zoning rules in unique lot configurations while addressing the implications of unpermitted construction.
The applicant’s representative, Mr. Juver from MJ Permits, presented a detailed case, emphasizing the minimal nature of the setback intrusion and the property’s natural screening from neighboring views. During the presentation, Mr. Juver acknowledged that the paddle court was constructed without prior permits, attributing the oversight to a lack of awareness of the permitting requirements. He argued that had the variance been sought pre-construction, it likely would have been granted without issue, given the lot’s constraints.
Board members expressed concerns about the owner’s decision to proceed with such a significant structure without securing the necessary permits. Questions were raised regarding the contractor’s accountability and the absence of neighbor support letters, which typically accompany variance requests. Despite these concerns, a consensus emerged to support the variance, recognizing the reasonable nature of the request given the lot’s specific challenges and the established precedent for similar cases.
In another significant matter, the board deliberated on a variance application for a proposed two-story home on North Bay Road. The applicant sought to enclose portions of the understory to protect against environmental elements while maintaining compliance with stormwater management regulations. The design featured a substantial green roof and was described as integrating seamlessly with the surrounding landscape. The board’s approval of this variance highlighted the evolving nature of design regulations and the increasing emphasis on environmental resilience and sustainable design practices.
Board members acknowledged the interconnectedness of the requested variances, noting that denying one could impact the feasibility of others.
The meeting also revisited a prior issue involving a property constructed over an existing swimming pool without the necessary permits, leading to a code violation. The board’s conversation centered on the ethical responsibilities of contractors and property owners, emphasizing the importance of adhering to permitting processes to avoid legal and financial repercussions. Members suggested increased scrutiny of contractors involved in such violations to ensure future compliance.
Steven Meiner
Zoning Board Officials:
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
09/12/2025
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Recording Published:
09/12/2025
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Duration:
82 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Miami-Dade County
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Towns:
Miami Beach
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