LTC 118-2019 Recommendation from the Board of Adjustment - Small Canal Overcrowding and Dock SetbacksOFFICE OF THE CITY MANAGER
NO. LTC# 118-2019 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members the City Co
FROM: Jimmy L. Morales, City Manager
DATE: March 7, 2019
SUBJECT: Recommendation from the Boar of Adjustment-Small Canal Overcrowding and
Dock Setbacks
The purpose of this LTC is to transmit a recommendation from the Board of Adjustment (BOA)
regarding small canal overcrowding and dock setbacks. On January 4, 2019 the BOA approved
the following motion by a vote of 6 to 0:
Motion to transmit a recommendation to the City Commission that they direct staff
to investigate the overcrowding of the City's smaller canals and review the City Code
regarding dock setbacks for possible amendments.
The motion was discussed and considered as the BOA was considering an application for a
variance related to the reduction of.an interior side yard setback for the retention of an existing
dock. Section 142-1132 of the Land Development Regulations (LOR's) requires a minimum side
setback of 7'-6" for seaward marine structures, such as docks, as follows:
Sec. 142-1132.-Allowable encroachments within required yards.
(/) Marine structures. In all districts, seaward side yard setbacks for boat slips, decks,
wharves, dolphin poles, mooring piles, davits, or structures of any kind shall not be less than
seven and one-half feet.
The request for the variance. was to reduce the required side yard setback for the dock to 3'-6".
The home is located on a 60 foot wide canal in the Biscayne Point neighborhood. As the BOA
was deliberating the merits of the variance, it was mentioned that homes along many of the City's
canals have docks that contain no side yard setbacks, and therefore go from property line to
property line. The BOA recommended that the city study the actual condition of docks to determine
if the LOR's should be modified in order to better reflect the existing conditions and prevent
applicants from having to go through the variance process to construct or legalize what canal-front
homes may already have. Additionally, the issue of overgrowth of vegetation crowding smaller
canals and limiting navigation was discussed and incorporated into the motion.
JLM/SMT/TRM/RAM/SMW
C: Rafael Granado, City Clerk
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