The North Miami Tribune

The North Miami Board of Adjustment (BOA) recently approved a controversial variance request to allow a significant increase in the height of a proposed development at 12000 N Bayshore Dr, against the recommendations of the city’s own staff.

The developer, represented by law firm Holland & Knight, sought to increase the height of the planned building by over 200% beyond what is currently allowed under city zoning regulations. The city’s professional staff advised the BOA to deny this request during the February 21th quasi-judicial hearing, arguing that such a major change should be decided by the elected City Council, not the appointed BOA.

According to city rules, the BOA is tasked with hearing variance requests and special exceptions to land development regulations. However, staff emphasized that effectively doubling the allowable height of a building would constitute a major policy change requiring careful debate and approval by the Council.

There is also a pending appeal of a similar BOA-approved height variance from October 18th that will be heard by City Council on February 27th. City staff suggested the BOA should postpone this latest case until after the Council rules on whether the BOA even has authority to make such zoning changes.

Nonetheless, BOA Chairwoman Rosaline and two other board members voted 3-2 to approve the variance request. They argued it would be most convenient for the applicant, despite warnings from staff about usurping Council authority and compromising enforcement of zoning codes. The chair also made the unusual move to reopen the debate after it had closed to allow an additional statement in favor, without allowing equal time for opponents, violating principles of fairness and full participation.

The City Council’s upcoming vote on the previous case appeal will likely determine whether the BOA overstepped its powers as an administrative appeals board, or can act as a policy-making body regarding zoning changes. The Council vote can potentially overturn the controversial variance approval. Concerned North Miami residents will be following closely. The north miami community have been invited to attend the appeal hearing in the North Miami City Hall on Feb 27th at 7 PM.