Planning board tables variance request for corner‑lot pool at Northeast 7th Avenue

At its meeting, the Village of Biscayne Park planning board tabled a variance request for a residential pool at 5F11818 Northeast 7th Avenue after members said the applicant should appear in person to answer questions.

Staff read the variance application and the four criteria the board considers: practical hardship due to corner‑lot setbacks, preservation of substantial property rights, lack of detriment to neighbors, and that the relief requested is the minimum necessary. Staff summarized that the applicant seeks relief to place a roughly 22‑by‑9 pool as close as five feet to a side property line because corner‑lot setbacks limit usable backyard area. “The request of variance is necessary to preserve and enjoy substantial property rights,” staff read into the record.

Board members questioned whether a residential pool meets the board’s standard for a substantial property right and raised safety concerns about the plan as presented: the proposed five‑foot distance to the property line, combined with a three‑foot minimum fence, would leave about two feet between fence and pool water line. Members also noted the application had been denied previously for location and that the applicant was not present to explain alternatives or placement choices. One member said the board preferred the applicant appear to discuss options rather than rule in the absence of the owner.

After discussion, a motion to table the variance passed. The board asked staff to request the applicant attend the next meeting and to provide an updated site plan showing the pool location, exact dimensions, and any fencing barriers. No final determination on the variance was made.

Next steps: the item is scheduled to return when the applicant appears and provides the requested documentation.