Board continues Lincoln Road rooftop appeal to May 1 while private litigation proceeds

The Miami Beach Board of Adjustment voted on Feb. 6 to continue an appeal related to rooftop uses at 605 Lincoln Road to May 1, 2026, after the applicant said private litigation could render the appeal moot.

Attorney Nick Nett, representing Tonja Inc., told the board a three‑week trial window begins March 16 and that the parties hope a trial result could resolve most or all issues raised in the zoning appeal. "We think if the appeal is resolved in our client's favor, it renders most, if not all, of this appeal moot," Nett said.

Representing the condominium association, attorney Mickey Marrero said the association is closely following the matter and urged the board to set the earliest practical date, arguing repeated continuances have delayed resolution for unit owners.

Board members asked about timing and whether a March trial date made April or May preferable; the city attorney explained that appeals follow a different administrative course and do not fall under the one‑year deadline that applies to original applications.

After discussion a motion to continue the appeal to the May 1 meeting was made and seconded and the board voted to grant the continuance. The record shows the continuance was requested to allow private litigation to proceed and to avoid involving the city in ongoing court matters until they are resolved.

The board did not take further substantive action on rooftop uses at the Feb. 6 meeting and will revisit the item on May 1 unless the parties notify staff that the litigation has resolved the appeal.