Rear Setback...Miami Dade...

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R

rcurras

0
Jun 11, 2015
9
Miami/Florida
Hi, and this is an outstanding forum…

This is a topic that I am having hard time to find any answers, and I am hoping to get some needed guidance here…

I am planning to build a pool (10’ x 20’), but my yard is kind of small (around 55’ x 15’), and the zoning regulations from my area (Miami-Dade) state a rear minimum setback of 7.5’; which in my opinion is kind of extreme.

Basically, if I shall follow this rule, my future pool desired width would be highly compromised.

Anyone here with a similar experience; and/or any alternatives/suggestions?

Thanks.
 
r,

Welcome to TFP... a great place to find the answers to all your "How much rear-end room do I really have?" questions... :shark:

There are many different types of rules on setbacks, property lines, and easements based upon the where you live.. Your best bet is to contact your city planning office and get directions from the horse's mouth. Very easy in the small city I live in, a much bigger issue for a large city like yours.. But, it is really the only way to do it.

In my case, I added an attached third car garage to my house, which put my building too close to my neighbor's house. It was more of a technicality than a real issue. I could build a standalone structure in the same place with no problems, but when it was attached to my house, by rule it was not allowed... I asked for and was granted a variance or waiver of the rule. To do that, all the neighbors had to be notified by the city and I had to go before the city council and explain what I wanted to do. It took about a month or so. I assume your city has a similar process, but with a lot more bureaucracy.. :p

Thanks for posting,

Jim R.
 
I had a similar situatuion. I wanted to expand my garage which would put it about 5 feet into the setback. The process was fairly simple but did set me back about a month. I first had to contact the borough and get on the docket. (They only meet once a month which is what set me back). I had the plans for the work, a copy of the property plot with the expansion drawn in, and a letter from my neighbor saying he was fine with it. The variance was approved quickly and they thanked me for being thorough and making their job easier.
 
rcurras in Miami-Dade county you will need to file for a Variance - basically formally applying for the set-back rules to be relaxed in your specific situation... After applying the county will conduct a hearing and ask your neighbors to come to it.... If no one opposes it or shows up to it... You are good to go, for as long as it is not consider a danger to you or others....

You can find the instructions and forms on how to file for a Variance in Miami-Dade County here: (It is a PDF document with everything that you need.)

https://www.miamidade.gov/zoning/library/forms/administrative-adjustment.pdf

Please note that if you are part of a city per se (Miami, Coral Gables, Sweet Water, etc.) I'm not sure if the above applies or if you need to follow some other city specific rules.
 
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OP, it's not that complicated. I just went through the process as I had a similar situation. There are two things different things mentioned above, but only the variance applies to you. The setback requirements can be relaxed and you can request up to 50% of that space through the variance process (so instead of 7.5 setback, you can go as close as 3.75). It's mostly paperwork and way for the county to squeeze you for more money. You do need to get permission from all neighbors that touch your property line (even those across the street!). The variance requires you to bring your plans and the paperwork provided by the county, signed by all of your neighbors, to the Stephen P. Clark Bldg., downtown.

If you want to request more than the 50%, you will have to request a hearing for an administrative adjustment - a bit more arduous.

Go for the variance. It's not as bad as it seems. They always grant them so long as you pay the fee!
 
PepitumB said:
rcurras in Miami-Dade county you will need to file for a Variance - basically formally applying for the set-back rules to be relaxed in your specific situation... After applying the county will conduct a hearing and ask your neighbors to come to it.... If no one opposes it or shows up to it... You are good to go, for as long as it is not consider a danger to you or others....

You can find the instructions and forms on how to file for a Variance in Miami-Dade County here: (It is a PDF document with everything that you need.)

https://www.miamidade.gov/zoning/library/forms/administrative-adjustment.pdf

Please note that if you are part of a city per se (Miami, Coral Gables, Sweet Water, etc.) I'm not sure if the above applies or if you need to follow some other city specific rules.
Click to expand...
Thanks for your info and may be you can help me. In my case my from neighbor is a house on a new development and there is a fence a side walk and the street between them and my house.
do i need to get a signature from that neighbor ?.
Thanks for your help
 
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