Fleming v. City of Miami Beach

David Paul (Paul) sought a variance from the City of Miami Beach (Miami Beach) to install piles in the bay outside of Paul’s waterfront *48property beyond 40 feet from his bulkhead line as limited by ordinance (Section 7-66 of the Miami Beach City Code). His request was to install two comer clusters of five piles each with ten more piles spaced between the comers. The marine authority of Miami Beach, the board charged with dealing with variances of this type, by tie vote failed to approve the initial request. At the same meeting Paul amended his request to a more moderate deviation from Miami…