The North Miami Tribune

A North Miami resident is appealing the city’s Board of Adjustment decision to grant a controversial height variance that would allow a proposed luxury condominium project to soar over twice as high as permitted under zoning regulations.

Hernando Barreto, who lives near the proposed development site at 11950 N. Bayshore Drive, has filed an appeal challenging the board’s October 2023 approval of a variance to build two 20-story towers reaching 203 feet and 10 inches. However, the maximum allowed height in the city’s Bayshore Zone (BZ) district is just 115 feet.

In a detailed 6-page letter, Barreto outlines 10 key arguments for why he believes the variance was improperly granted and should be overturned. Among his chief contentions:

The developer, Alta Bayshore LLC, misused the variance procedure as a “convenient expedient” to circumvent the zoning code’s height limits rather than demonstrating any unique hardship as required.

City staff had recommended denial, concluding the proposal failed to meet at least 4 of the 6 required criteria for approving variances. But the Board of Adjustment disregarded this expert analysis.

The irregularly shaped lot does not justify the need for the extreme 77% height increase. A previous development existed on the site within zoning limits.
Claims of financial hardship do not legally justify a variance. Case law precedents reject economic conditions as sufficient grounds.

The attorney for the developer provided misleading statements, including falsely claiming efforts to compromise with the local community, which overwhelmingly opposed the project’s scale.

Barreto asserts that if the variance is allowed to stand, it will create a “loophole” enabling developers to ignore zoning regulations altogether through the variance process. He warns it could set a precedent undermining the essential character of the neighborhood.

The North Miami Board of Zoning Appeals is scheduled to hear arguments in Barreto’s appeal challenging the 203-foot height variance on February 27, 2024. The decision is likely to have significant implications for managing development along the Biscayne Bay waterfront in the city.