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ARIAN,

[00:00:01]

5, 4, 3, 2, 1.

GOOD MORNING EVERYBODY.

WELCOME

[ATTENDANCE]

TO THE SEPTEMBER 6TH ZONING BOARD OF ADJUSTMENT MEETING.

UH, WE APPRECIATE YOU ALL JOINING US TODAY.

IT'S, IT'S BEEN A WHILE SINCE WE HAD A MEETING.

ACTUALLY, THE LAST MEETING WE HAD WAS MARCH 1ST, UH, WHICH I MISSED 'CAUSE I WAS IN LA VISITING MY KIDS.

UM, GREAT TO BE BACK IN THE, IN THE CHAMBERS AND THE RENOVATED CHAMBERS.

REALLY NICE.

UM, ALSO VERY EXCITED THAT THIS IS THE FIRST TIME WE'VE HAD A FULL BOARD IN A LONG TIME.

SO, UM, YOU KNOW, WE'RE READY TO, TO SERVE THE COMMUNITY AND, AND HEAR ITEMS. I DO WANNA TAKE JUST A COUPLE QUICK POINTS OF PERSONAL PRIVILEGES TO CHAIR.

UM, THE, THE MARCH MEETING WAS MICHAEL BELU, HIS LAST MEETING, UM, AS OUR CITY LIAISON.

UH, HE MOVED BACK OVER TO THE PLANNING BOARD AND I, I WORK VERY CLOSELY WITH HIM AND I WANNA THANK HIM, UH, FOR BEING THERE FOR ME AS THE CHAIR AND SERVING THIS BOARD.

UM, WE APPRECIATE IT.

UM, WE NOW HAVE OLIO MADDEN, SO WE'RE LOOKING FORWARD.

I'M LOOKING FORWARD TO WORKING, UH, WITH MR. MADDEN.

I ALSO WANNA GIVE A KUDO AND A THANK YOU TO MY, MY WING MAN, MY VICE CHAIR SITTING NEXT TO ME, MR. IAN, FOR DOING A GREAT JOB IN RUNNING THE MARCH BOARD MEETING.

I DID WATCH, I DID WATCH THE RECORDING.

YOU DID A GOOD JOB.

THANK YOU.

SO THANK YOU.

SO, SO, SO I APPRECIATE THAT.

UH, ALSO, UH, WANNA WELCOME A NEW BOARD MEMBER, WHICH MAKES US A FULL BOARD.

UM, STEVE DAVIS.

STEVE, WELCOME TO THE BOARD.

GOOD, THANK YOU VERY MUCH.

GOOD, GOOD TO HAVE YOU ON THE DAIS.

UM, WITH THAT, UM, LET'S GO AHEAD AND GET INTO THE MEETING.

UM, MR. MADDEN, IF YOU CAN PLEASE TAKE FORMAL ATTENDANCE.

ALRIGHT.

UM, GOOD MORNING EVERYBODY.

UM, AND I'M GONNA GO AHEAD AND TAKE ATTENDANCE, UM, CHAIR MICHAEL GOLDBERG PRE, UH, SHOULD YOU JUST WANT ME TO JUST CONFIRM THAT EVERYBODY'S HERE OR WOULD YOU LIKE ME TO? YEAH, YEAH.

OKAY.

SO I CAN CONFIRM ALL SEVEN MEMBERS ARE PRESENT.

WE HAVE A FULL BOARD, UH, FOR THE FIRST TIME, I THINK IN A, IN A BIT.

SO, WELCOME EVERYBODY.

AWESOME.

SO WE'RE EXCITED, WE'RE EXCITED ABOUT THAT.

SO I'M GONNA GO AHEAD AND HAND IT OVER TO, UH, THE CITY ATTORNEY, MR. CITY ATTORNEY.

GOOD TO SEE YOU.

I'M GONNA HAVE THE CITY ATTORNEY GIVE US, UH, ANY UPDATES, UM, THAT HE WILL GIVE INSTRUCTION ON HOW TO PARTICIPATE VIA ZOOM AND THEN HE'LL GO INTO, UH, SWEARING IN OF THE PUBLIC.

MR. CITY ATTORNEY.

THANK YOU.

SURE.

GOOD MORNING.

UH, MR. CHAIRMAN, MEMBERS OF THE BOARD AND MEMBERS OF THE PUBLIC, UH, TODAY'S MEETING OF THE BOARD OF ADJUSTMENT HAS BEEN SCHEDULED IN A HYBRID FORMAT WITH A QUORUM OF THE BOARD PHYSICALLY PRESENT IN THE COMMISSION.

CHAMBERS LOCATED AT 1700 CONVENTION CENTER DRIVE THIRD FLOOR, AND APPLICANT STAFF MEMBERS AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA THE ZOOM PLATFORM.

UH, IF YOU WISH TO PARTICIPATE IN TODAY'S MEETING VIA THE ZOOM PLATFORM, PLEASE DIAL 8 8 8 8 5 3 5 2 5 7, WHICH IS A TOLL FREE NUMBER, AND ENTER THE WEBINAR ID, WHICH IS 8 2 8 6 9 6 1 5 3 0 9, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 2 8 6 9 6 1 5 3 0 9.

ANY INDIVIDUAL WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF THEY ARE USING THE ZOOM APP, OR DIAL STAR NINE IF THEY ARE PARTICIPATING BY PHONE.

UH, BEFORE I SWEAR IN THOSE THAT ARE TESTIFYING TODAY, I'M GONNA REMIND ALL AND READ INTO THE RECORD THE CITY'S NOTICE REGARDING LOBBYIST REGISTRATION.

IF YOU ARE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR OTHER PERSON, YOU'LL NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE.

IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER BEFORE YOU SPEAK TO THE BOARD.

YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON YOUR BEHALF AND NOT ANY OTHER PARTY.

OR IF YOU'RE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR IF YOU ARE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE.

UH, TO EXPRESS SUPPORT OF OR OPPOSITION TO ANY ITEM.

EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS SHALL PRIOR TO APPEARING DISCLOSED IN WRITING TO THE CITY CLERK, THEIR NAME, ADDRESS, AND THE PRINCIPLE ON WHOSE BEHALF THEY ARE COMMUNICATING.

IF YOU ARE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR AN OBJECTOR, YOU MUST REGISTER AS A LOBBYIST.

THESE RULES APPLY WHETHER YOU ARE APPEARING IN FAVOR OF OR AGAINST AN ITEM OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE.

UM, MR. CHAIR, BEFORE WE BEGIN, UM, I'D LIKE TO TAKE THIS TIME TO SWEAR IN THE WITNESSES THAT ARE PRESENT IN CHAMBERS.

FOR THOSE THAT ARE APPEARING VIA ZOOM, I'LL HAVE TO SWEAR THEM IN INDIVIDUALLY.

SO, SIR, IF YOU CAN PLEASE, UH, STAND, UH, RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH AND YOU TOO? SORRY.

I DO.

THANK YOU.

THANK YOU MR. CHAIR.

THANK YOU MR. CITY ATTORNEY.

WE APPRECIATE THAT.

UH, IN YOUR PACKAGE THAT WAS SENT OUT, YOU

[1. After Action Report – March 1, 2024]

HAD MINUTES FOR THE MARCH 1ST, 2024 MEETING.

HOPEFULLY YOU HAD AN OPPORTUNITY TO REVIEW THAT.

UM, AND I'D ENTERTAIN IF THERE'S ANY CHANGES OR CORRECTIONS YOU MAKE A MOTION TO APPROVE.

OKAY.

MOTION TO APPROVE BY MR. SILVERS.

I HEAR A SECOND, SECOND,

[00:05:01]

SECOND BY MR. RENICK.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? OKAY.

I HAVE TO ACTUALLY ABSTAIN 'CAUSE I WASN'T AT THAT MEETING.

SO, UM, I SAY AGAIN, YOU CAN STILL VOTE.

I CAN STILL VOTE.

OKAY.

YES.

OKAY, PERFECT.

OKAY.

UM, WE DO HAVE A DISCUSSION ITEM, UM, BUT IN RESPECT TO THE APPLICANT, WE'RE GONNA MOVE THE DISCUSSION ITEM TO AFTER WE, WE HEAR THE ITEM, UH, WE DO ONLY HAVE ONE ITEM, UH, ON THE AGENDA.

UM, SHOULD BE FAIRLY, UH, EASY AND QUICK FOR US TO GO THROUGH THIS.

UM, BUT IN FOLLOWING THE AGENDA, UH, I'M GONNA ASK ARE THERE ANY REQUESTS FOR CONTINUANCES OR WITHDRAWALS? THERE ARE NO REQUESTS FOR CONTINUANCES OR WITHDRAWALS, ANY PREVIOUSLY CONTINUED APPLICATIONS? THERE ARE NO PREVIOUSLY CONTINUED APPLICATIONS.

OKAY, GREAT.

WITH THAT BEING SAID, I'M GOING TO ASK THAT,

[3. ZBA24-0160, 5500 La Gorce Drive]

UM, MR. MADDEN SEE UP NEW APPLICATION ZBA 24 DASH 1 60 5500 LEGGO DRIVE, MR. MADDEN.

OKAY, SO THIS IS AN APPLICATION HAS BEEN FILED REQUESTING VARIANCES TO EXCEED THE MAXIMUM ALLOWABLE LOT COVERAGE FOR A TWO STORY HOME, EXTEND A NONCONFORMING SIDE SETBACK, AND EXCEED THE MINIMUM FRONT SETBACK FOR A SECOND STORY IN ORDER TO CONSTRUCT A SECOND STORY EDITION TO AN EXISTING SINGLE STORY SINGLE FAMILY HOME.

UM, JUST FOR HISTORY, THERE WAS A VARIANCE APPROVED BY THE BOARD OF ADJUSTMENT ON, UH, FOR THIS HOME ON OCTOBER 3RD, 2014.

UM, AND THAT WAS TO, UH, TO WAIVE THE MINIMUM REQUIRED STREET SIDE SETBACK AND A VARIANCE TO WAIVE THE MINIMUM REQUIRED REAR SETBACK, UH, IN ORDER FOR, UH, FOR THE APPLICANT TO BUILD SOME ADDITIONS TO THE FRONT AND REAR OF THIS EXISTING SINGLE FAMILY HOME.

SO NOW, UH, THE APPLICANT IS PROPOSING A SECOND STORY ADDITION TO THE HOME.

UM, THE HOME, UH, CURRENTLY HAS A LOT COVERAGE OF 40.

UH, I BELIEVE IT'S 40 POINT POINT, UM, APOLOGIZE, 40.1%, 40.8%, UM, WHICH EXCEEDS THE MAXIMUM ALLOWABLE FOR A SINGLE STORY HOME.

THE MAXIMUM ALLOWABLE LOT COVERAGE FOR A SINGLE STORY HOME IS 40% LOT COVERAGE.

UM, THE APPLICANT IS REQUESTING TO GO UP TO 42.9% AND THAT'S TO CREATE A SMALL ADDITION ON THE GROUND FLOOR THAT WILL ALLOW THEM ACCESS TO THE NEW UPPER LEVEL, UM, THAT THE APPLICANT IS PROPOSING TO BUILD.

UM, STAFF HAS NO OBJECTIONS TO THAT VARIANCE.

UM, IT IS, UH, IT IS MINIMAL.

IT IS INTENDED TO PROVIDE ACCESS TO THE UPPER LEVEL.

UM, UM, THERE IS A PRACTICAL DIFFICULTY ON THE SITE.

THE SITE IS CONSTRAINED AND THE APPLICANT IS PROPOSING TO MAINTAIN THE EXISTING HOME.

THAT IS SOMETHING WE TYPICALLY WANT TO ENCOURAGE, UM, AND, AND NOT ENCOURAGED TEARING DOWN AND HAVING TO BUILD A WHOLE NEW STRUCTURE.

UM, SO STAFF IS SUPPORTIVE OF THAT VARIANCE.

UM, THE NEXT VARIANCE IS A, UH, VARIANCE OF THE MINIMUM REQUIRED SIDE YARD SETBACK OF SEVEN SEAT SEVEN FEET, SIX INCHES IN ORDER TO CONSTRUCT A NEW ADDITION WITH A SIDE SETBACK OF FIVE FEET.

UM, AGAIN, THE APPLICANT IS PROPOSING, UH, A SECOND STORY ADDITION.

THAT SECOND STORY EDITION IS GONNA FOLLOW THE EXISTING SETBACK OF THE FIRST FLOOR, UM, WHICH IS A CURRENTLY A LEGALLY NON-CONFORMING SIDE SETBACK.

UH, BECAUSE OF THE, THE, THAT IS A, A HARDSHIP, THE APPLICANT, UM, WOULD NOT BE ABLE TO PROVIDE AN ADDITIONAL SETBACK WITHOUT DOING SOME SIGNIFICANT STRUCTURAL MODIFICATIONS THAT WOULD MAKE THIS ADDITION IMPOSSIBLE TO DO.

UM, SO STAFF IS SUPPORTIVE OF THAT SETBACK.

UM, THE OTHER VARIANCE IS A VARIANCE OF THE MINIMUM REQUIRED SETBACK FOR A SECOND STORY ADDITION OF 40 FEET IN ORDER TO CONSTRUCT A NEW ADDITION WITH A FRONT SETBACK OF 24 FEET, NINE AND THREE QUARTER INCHES.

UM, THE SECOND STORY, TYPICALLY, IF, IF YOU HAVE A SINGLE STORY HOME AND YOU WANNA DO A SECOND STORY ADDITION, WE REQUIRE THAT TO BE PUSHED TOWARDS THE REAR OF THE HOME.

UM, IN THIS CASE, THE APPLICANT HAS A DIFFICULTY THAT THE REAR OF THE HOME DOES NOT HAVE THE, THE, THE STRUCTURAL CAPACITY TO BE ABLE TO SUPPORT THAT SECOND STORY ADDITION, UH, MAKING IT IMPOSSIBLE TO LOCATE IT THERE, UH, WITHOUT DOING SOME SIGNIFICANT STRUCTURAL MODIFICATIONS.

AS A RESULT, THE APPLICANT'S LOCATING THAT SECOND STORY ADDITION CLOSER TO THE FRONT OF THE HOME.

UM, SO THAT IS A, THAT IS A PRACTICAL DIFFICULTY, UM, IN ORDER TO, UH, TO, TO BE ABLE TO BUILD THAT ADDITION, WHICH WOULD MAKE THE HOME USABLE FOR THIS APPLICANT.

UH, IN THE LONG RUN, MOVING FORWARD, UH, IT IS NEXT TO A NEW HOME THAT IS, UH, MUCH LARGER.

UM, SO THIS, THIS, THESE, THESE VARIANCES WILL NOT OVERWHELM THE NEIGHBORHOOD THEY ARE COMPATIBLE WITH, WITH THE SURROUNDING VICINITY.

UM, AND SO OVERALL STAFF IS SUPPORTIVE OF THESE THREE VARIANCES.

UM, AND STAFF RECOMMENDS THAT THE BOARD OF ADJUSTMENT APPROVED THE VARIANCES SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER.

GREAT, THANK YOU.

UM, BE BEFORE I, UH, INTRODUCE THE, UH, APPLICANT.

ARE THERE ANY DISCLOSURES ON THE DAIS? NO.

THANK YOU.

OKAY.

UH, CAN WE SET THE CLOCK FOR 10 MINUTES? WELCOME, MR. JLP, YOU HAVE 10 MINUTES.

THANK YOU.

UH, NO, THE FAR RIGHT, BUT THERE.

OKAY.

UM, UH, NICK JBE, I WAS OUT AT 5,500 LAGOS DRIVE, ALONG WITH MY WIFE.

I'M ALSO THE ARCHITECT, UH, OF THE PROJECT.

UM, UH, THANK YOU, UH, FOR THE INTRO, ROGELIO, THANK YOU MEMBERS OF THE BOARD.

UM, I APPRECIATE THE OPPORTUNITY TO PRESENT THE PROJECT.

I'LL JUST A QUICK SIDE NOTE, I WAS A MEMBER OF THE MIAMI BEACH PLANNING BOARD FOR SIX YEARS, AND I JUST MENTIONED THAT TO SAY THAT I KNOW THE

[00:10:01]

EFFORT THAT GOES INTO THESE THINGS AND APPRECIATE YOUR TIME AND ATTENTION AND INVOLVEMENT IN OUR COMMUNITY.

SO THANK YOU.

UM, A QUICK HISTORY, SOME OF YOU MAY REMEMBER, I WAS HERE LAST SEPTEMBER AT THIS MEETING, WE SOUGHT, UM, A VERY SIMILAR, UH, SET OF APPROVALS, WHICH WE RECEIVED, AND THAT WAS TO LOCATE IN ADDITION TO THE, TO THE, TO THE HOUSE ON THE REAR OF THE LOT.

UM, WE GOT THE APPROVALS AND SORT OF WENT THROUGH THE PROCESS OF DEVELOPING THE PLANS WITH OUR ENGINEER AND QUICKLY REALIZED THAT, UM, WE WOULD BASICALLY HAVE TO DEMO THE FIRST FLOOR UNDER THE SECOND FLOOR WHERE WE WERE PROPOSING TO BUILD THE HOME.

UM, SOMETHING THAT, UH, WE REALLY CAN'T DO FOR A NUMBER OF REASONS.

UM, UH, UH, CHIEF AMONG THOSE REASONS ARE THE EXPENSE.

UM, WE HAVE THE 50% RULE TO CONTEND WITH.

AND WE RECENTLY RENOVATED THE HOUSE ABOUT, UH, IN 2014, ABOUT 10 YEARS AGO.

AND IT'S SOMEWHAT OF A SPECIAL HOUSE, WE THINK.

SO, UM, I CAN GET THROUGH THIS PRESENTATION IN THREE OR FOUR MINUTES, BUT WANTED TO WALK YOU THROUGH THE EXISTING HOME TO TRY TO EXPLAIN WHAT WE'RE PROPOSING TO DO.

AND WHAT WE'RE PROPOSING IS EFFECTIVELY THE SAME PROJECT, JUST IN A DIFFERENT PART OF THE HOUSE.

UH, FOR THE SECOND STORY, UM, THIS IS THE EXISTING SITE PLAN OF THE HOME.

WE'RE ON A CORNER LOT ON 55TH AND LAGO.

AND, UM, WE HAVE A KIND OF DEEP U-SHAPED HOUSE.

UH, SO YOU ENTER FROM THE STREET, WALK ALL THE WAY UP THE COURTYARD, AND THEN ENTER THROUGH THE FRONT DOOR.

YOU KNOW, MORE THAN HALFWAY THROUGH THE FLOOR PLAN, WHERE YOU SEE THIS DASH LINE ON THE BOTTOM IS WHERE IN 2014, WE, WE ADDED THAT AMOUNT OF SQUARE FOOTAGE TO THE HOUSE.

WHEN WE FIRST PURCHASED THE HOUSE, WE HAD ONE CHILD WHO'S NOW A 12-YEAR-OLD, UH, SIXTH GRADER.

WE NOW HAVE FOUR CHILDREN, AND WE'VE SORT OF OUTGROWN THE, THE, UH, WE'VE OUTGROWN THE HOUSE A BIT.

WE'RE CROWDED, WE HAVE BUNK BEDS, THANK YOU.

AND, UH, SO WE, WE WOULD LIKE, REALLY WHAT WE'RE SEEKING TO DO IS ADD TWO BEDROOMS TO THE HOME.

SO, UH, WE ADDED THIS, THIS AMOUNT OF ADDITION IN 2014.

THIS IS THE VIEW, UM, AS YOU ENTER FROM THE STREETS, YOU HAVE THIS VERY DEEP COURTYARD.

UM, AND WE LOVE THE HOUSE.

WE SPEND A LOT OF TIME IN THIS COURTYARD.

UM, AND WE USE IT AS A REALLY PART OF THE LIVING SPACE OF THE HOME.

THIS IS THE VIEW FROM THE FRONT DOOR LOOKING OUT BACK TOWARDS LAGO DRIVE.

AND AS YOU CAN SEE, IT PROVIDES A FAIR AMOUNT OF SORT OF OPEN SPACE THAT IS OPEN TO THE STREET, WHICH IS KINDA SMART, GOOD URBANISM, BUT ALSO A FAIR AMOUNT OF PRIVACY JUST DUE TO THE DEPTH OF THE SPACE.

THIS REPRESENTS BASICALLY WHAT WE ADDED IN THE FIRST GO AROUND.

AND YOU'LL NOTICE THIS CLADDING, THESE PATTERN OF TILES THAT WE PUT ON, UM, WHERE YOU SEE THAT ROOF JOG ON THE TOP, THAT'S WHERE THE ORIGINAL HOUSE ENDED.

AND THEN WE ADDED ONTO THE FRONT, AND THEN WE CLAD THE SOUTH FACADE IN THESE PRECAST TILES.

I'M A PROFESSOR AT FIU AND I RESEARCHED THIS, UM, INTERESTING MATERIAL AND WE CLAD THE HOME WITH BASICALLY A WOOD BASE CONCRETE PANEL THAT IS VERY INSULATING AND ALSO KIND OF CAST PLAYFUL SHADOWS ON THE HOUSE.

SO I'LL SHOW A FEW MORE PHOTOS OF THAT.

AND WE HAVE SOME WINDOWS ON THE FLOOR, SOME UP HIGH, SOME AT FURNITURE HEIGHT.

AND THEN THIS WAS THE INSTALLATION OF THOSE PRECAST PANELS.

AND WE HAVE AN EFFECT LIKE THIS ONE IN THE COURTYARD, ONE ON THE SOUTH SIDE.

WE RECEIVED AN AWARD, UM, A FEW AWARDS FOR THE HOME, UM, MAYBE MOST PROUD OF THIS ONE FROM THE MIAMI-DADE, UH, MIAMI DESIGN PRESERVATION LEAGUE FOR EXCELLENCE AND NEW COMPATIBLE NEW DESIGN AWARD.

UM, AT CERTAIN MOMENTS OF THE DAY, YOU DON'T REALLY NOTICE THE TEXTURE OF THE ADDITION OF THE HOUSE, UM, BUT WHEN THE SUN IS AT CERTAIN ANGLES, YOU REALLY SEE THESE DRAMATIC SHADOWS.

SO WE WERE VERY PROUD OF THAT.

THE HOME WAS FEATURED IN TROPIC MAGAZINE, UM, AN ARTICLE CALLED LITTLE HOUSE BIG IDEAS AND ALSO IN DWELL MAGAZINE.

UM, AND THEN FINALLY WE RECEIVED, UH, AN A I A MIAMI AWARD FOR, FOR THE PROJECT.

SO I'M GONNA WALK YOU THROUGH THE PLANS THAT ARE IN YOUR PACKET REAL QUICK.

I'LL KIND OF PAUSE ON THE ONES THAT I THINK NEED A LITTLE MORE EXPLANATION.

SO HERE'S OUR ZONING DATA SHEET.

THIS IS, UH, BASICALLY OUR EXISTING UNIT SIZE INTO ROGELIO'S POINT.

UM, YOU KNOW, WE'RE BELOW THE 50% UNIT SIZE, UM, AND I THINK WHAT WE'RE PROPOSING IS STILL BELOW THE 50%.

BACK ON THE NEXT PAGE IS OUR, IS OUR LOT COVERAGE.

AND BACK WHEN WE FIRST DID THE PROJECT IN 2014, THE LOT COVERAGE FOR A SINGLE FAMILY HOMES WAS 50%.

SO WE WERE WELL BELOW THE 50%.

WE'RE NOW SLIGHTLY OVER THE 40% THAT IS REQUIRED FOR SINGLE FAMILY HOMES.

UM, BUT AS A RESULT OF FILLING IN THIS BREEZEWAY, WHICH IS AN OUTDOOR BREEZEWAY, UH, AS ROGELIO MENTIONED TO GAIN ACCESS TO OUR PROPOSED SECOND FLOOR, WE'RE NOW AT LIKE 42.8%, UH, LOT COVERAGE.

AND THEN, UM, ADDITIONALLY, UH, AT THE POINT WHERE, UH, THE HOME BECOMES TWO STORY, IT IS I BELIEVE 30%.

IS THAT RIGHT? CORRECT.

RIGHT.

SO WE'RE WELL OVER THE 30%, BUT UM, WE WERE SORT OF ALREADY WELL OVER THE 30%.

SO WE'RE ADDING 194 SQUARE FEET TO THE GROUND FLOOR.

UM, THIS IS THE EXISTING SITE PLAN.

THAT'S WHAT WE'RE ADDING.

IT'S REALLY A NEW ENTRY,

[00:15:01]

MUD ROOM.

AND THE STAIR WILL BE LOCATED THERE.

AND THIS IS THE EXISTING PLAN.

YOU SEE THAT BREEZEWAY, WHICH IS OUTSIDE, SO YOU HAVE TO EXIT THE HOUSE TO ENTER INTO THE GARAGE.

UM, AND WE ARE FILLING THAT IN.

AND THIS IS THE, WHAT WE'RE FILLING IN THERE.

SO THERE WILL BE AN ADDITIONAL ENTRY THERE.

IT'S GONNA SERVE AS A KIND OF MUD ROOM, LAUNDRY ROOM, BATHROOM.

AND THEN WE'RE CONVERTING HALF THE GARAGE, UM, TO A HOME OFFICE, UH, GUEST ROOM.

AND THEN YOU'LL SEE THE STAIR, IT'S, IT'S A TIGHT FOOTPRINT.

UM, IT'S ABOUT 16 FEET WIDE, THE TWO WINGS OF THE HOUSE.

SO WE'RE TRYING TO TAKE UP AS LITTLE SPACE AS POSSIBLE WITH THE STAIR TO LEAVE US ENOUGH ROOM FOR THE ADDITION UPSTAIRS.

AND THEN THIS IS THE UPSTAIRS, UH, ADDITION.

IT'S BASICALLY A ONE BEDROOM BATHROOM AND CLOSET.

UM, MY WIFE WANTS A LARGER CLOSET.

UH, AND THEN THE ROOF BIND HERE.

SO THESE ARE REALLY THE THREE VARIANTS.

I THINK THE ONE THAT HAS MADE PERHAPS THE, THE HARDEST TO, UM, KIND OF PROPERLY UNDERSTAND IS, IS THIS ONE.

SO I'LL JUST ZOOM IN ON IT FOR A SECOND.

SO, AS ROGELIO MENTIONED, THE LINE ALL THE WAY TO THE LEFT IS WHERE WE WOULD BE REQUIRED, UM, TO SET BACK.

IF, IF YOU HAVE A, A FIRST FLOOR THAT IS SET BACK 20, THE SECOND FLOOR SHOULD BE SET BACK 40.

IF WE WERE TO BUILD A NEW TWO STORY ADDITION, I BELIEVE WE COULD SET THAT BACK 30.

UM, AND OUR PREVIOUS PROPOSED ADDITION WAS OVER THIS BACK CORNER, OVER MASTER BEDROOM AND PART OF THE LIVING ROOM.

AND IN, IN, SO, UM, WORKING WITH THE ENGINEER, WE REALIZED WE WERE GONNA HAVE TO ADD, UM, NEW SHEAR WALLS TO SUPPORT THAT AT THAT LOCATION.

AND SO WE, EVEN THOUGH WE WERE APPROVED AND HAD INVESTED SIGNIFICANT TIME IN THAT PROJECT, UM, WE REALIZED IT, IT WASN'T GONNA BE A FEASIBLE PROJECT, AND IT'S WHY WE'RE BACK BEFORE YOU.

SO INSTEAD OF HERE, WE'RE PROPOSING TO SET BACK THE SECOND STORY ADDITION, FIVE FEET FROM THE GROUND FLOOR.

THESE ARE THE EXISTING ELEVATIONS ON THE TOP WITH THE ADDITION BELOW SHOWN IN CONTEXT.

SO HERE IT IS FROM THE STREET, THIS IS IT FROM THE REAR OF THE HOUSE, WHICH FACES THE GOLF COURSE.

AND THIS IS IT FROM THE NORTH SIDE OF THE HOUSE, WHICH, UM, CURRENTLY HAS A HOME WHO HAVE PLANS IN THE WORKS TO, UH, BUILD A RATHER LARGE HOME, UH, WHICH IS GONNA DWARF THIS ONE.

SO HERE YOU CAN SEE, UH, A FEW SECTIONS THROUGH THE HOME, AND THIS IS A RENDERING OF THAT FROM THE STREET.

UM, IT'S A LITTLE BIT GENERIC OF AN ADDITION AT THE MOMENT.

WE'LL, YOU KNOW, WE'LL DEAL WITH THE CLOUDING OR, OR SOMETHING, BUT, UH, I, I WOULD LIKE TO, IT MAY END UP BEING LIKE THIS A SMOOTH STUCCO FINISH.

UM, AND THEN THAT'S REALLY WHERE WE WERE AT WHEN WE APPLIED.

I JUST WANTED TO SHOW ONE ADDITIONAL SLIDE BECAUSE SOMETHING HAS KIND OF COME UP AS WE'VE DEVELOPED THIS.

AND THAT IS, I THINK WE WOULD PROBABLY WANT TO ACTUALLY, ACTUALLY PUT A SLOPED ROOF ON THE HOME.

WE HAVE SOLAR PANELS ON THE WING THAT WE'RE BUILDING OVER, AND, UM, I DON'T THINK, WE'RE NOT SEEKING A VARIANCE FOR ANY HEIGHT EXCEPTION OR ANYTHING LIKE THAT.

SO MOST LIKELY WE WILL HAVE A, A HIP ROOF ON THAT ADDITION.

UM, AND I JUST WANTED TO BE SURE THAT I SHOW THAT FOR THE RECORD.

AND THAT IS IT.

OKAY.

UM, LET'S GO AHEAD FIRST AND OPEN UP, UH, TO PUBLIC COMMENT.

DO WE HAVE ANYBODY ON ZOOM? THERE'S, THERE'S A, THERE IS A RESIDENT ONLINE M ROJAS.

UH, BUT I DON'T SEE A HAND RAISED, SO, SO I DON'T, NOBODY ON ZOOM.

OKAY.

SO WE'RE GONNA GO AHEAD AND CLOSE THE PUBLIC COMMENT, AND I'M GONNA ENTERTAIN QUESTIONS, UH, FROM BOARD MEMBERS THROUGH, THROUGH THE CHAIR, EITHER FOR THE, UM, THE APPLICANT OR OR STAFF BOARD MEMBERS QUESTION.

I HAVE A QUESTION.

OKAY, GO AHEAD.

UM, COULD YOU TELL ME WHY YOU DIDN'T CONTINUE TO BE CLADDING ON THE ADDITION ON THE NEW EDITION? YEAH.

UH, WE, WE MAY THE SAME CLADDING YOU MEAN, RIGHT? UM, THAT WAS, THAT WAS, WE MAY UH, UH, WE WERE LOOKING AT A NUMBER OF DIFFERENT MATERIALS, UM, AND UH, UM, WE KIND OF SAW THAT CLADDING AS A KIND OF THEMATIC, UH, UH, TREATMENT OF THE PREVIOUS PROJECT.

AND WE THOUGHT TO GIVE THIS AND WE'RE CONSIDERING A, A VERTICAL STANDING SEA METAL CLADDING, UM, OR ACTUALLY, UH, A DIFFERENT RAIN SCREEN TYPE OF CLADDING, BUT WE PROBABLY WILL CLAD IT IN SOMETHING.

BUT I, I DON'T KNOW THAT IT WILL BE THE, UH, THE, THE PRECAST HOUSE.

IT'S A PRETTY HEAVY, UM, THEY ADD A DECENT AMOUNT OF LOAD TO IT, AND WE'RE JUST TRYING TO KEEP IT LIGHT.

IT'S REALLY THE ONLY REASON.

BUT WE LOVE THE CLOUDING AND, AND, AND IT'S, WE MAY, THAT'S THE ONLY QUESTION I HAVE.

OKAY.

JUST, JUST FOR THE INFORMATION, I KNOW THESE, THESE MICROPHONES ARE NEW.

MAKE SURE TO PLEASE, UM, WHEN YOU PRESS THE BUTTON, YOU'LL SEE RED.

WE WILL COME UP ON YOUR MIC AND ON THE, ON THE SPEAKER ON THE THING, SO YOU'LL KNOW THAT YOUR BE YOUR MIC'S HOT.

UH, ANY OTHER, OTHER QUESTIONS? UM, THROUGH THE CHAIR, MR. ION? YEAH, I NOTICE THAT 5, 5 3 0 3 HOUSES TO THE NORTH OF YOU SORT OF HAS THE SECOND FLOOR

[00:20:01]

POPPED OUT MORE OR LESS WHERE YOU WANNA PROPOSE YOUR SECOND FLOOR.

IT SEEMS TO BE PRETTY MUCH IN LINE WITH, WITH THAT HOME.

AND I WAS GONNA ASK YOU ABOUT THE SOLAR PANELS, BUT YOU JUST SAID YOU, YOU'RE PROBABLY GONNA REINSTALL THEM ON THE YEAH, WE HAVE THEM AT THE MOMENT.

AND YOU HAVE A LOT OF THEM.

HOW ARE THEY WORKING WELL FOR YOU? THEY ARE WORKING WELL.

UH, HOWEVER, UH, OUR INSTALLER TOLD US THEY WOULD BE, UH, UH, UH, RESISTANT TO GOLF BALLS, WHICH WE FIND THEY ARE NOT.

OH.

SO QUITE A FEW ARE CRACKED AND WE HAVE, WE NEED TO REPLACE, UH, A CERTAIN AMOUNT.

SO ACTUALLY GETTING THEM UP HIGHER WILL BE A REAL ADVANTAGE.

NICE WORK YOU MIGHT WANT TO DO YOU CONSIDER ADDING, ADDING SOME LIGHTING TO THE EDGE OF THE HOUSE TO CREATE THE SHADOW EFFECT AT, AT, AT, AT NIGHT? I THINK YOU DID IN ONE OF THOSE PICTURES.

IT LOOKED LIKE IT.

OH, ON THE, ON THE ADDITION? YEAH, ON THE CURRENT, ON YOUR CURRENT HOUSE, YOU HAVE LIGHTING ON THE, ON THE ROOF TO CREATE THAT SHADOW EFFECT.

UH, YEAH, ON THE, ON THE WALLS.

SO AT NIGHT THEY'RE ILLUMINATED AND IT CAST SHADOWS, BUT NOT TOP DOWN, BOTTOM UP, OR IS IT, WE DON'T HAVE, UH, LANDSCAPE LIGHTS SHINING UP.

THEY'RE IN THE EAVES OF THE HOUSE SHINING DOWN.

BEAUTIFUL.

YEAH.

THANK YOU.

THANKS.

I DON'T HAVE ANYMORE O OTHER QUESTIONS FROM THE BOARD.

I WAS JUST CURIOUS.

NO, UM, I'LL JUST, UM, I'LL MAKE ONE COMMENT.

UM, YOU KNOW, YOU'VE BEEN IN THE HOUSE SINCE 2013 AND, YOU KNOW, WITH EVERYTHING GOING ON, ON LAG GORE DRIVE AND HOUSES BEING PR BOUGHT AND KNOCKED DOWN AND, YOU KNOW, MEGA HOUSE BEING BUILT, I MEAN, YOU HAVE A VERY LARGE ONE JUST TO THE SOUTH OF YOU.

YEAH.

UM, YOU KNOW, THE FACT THAT YOU'RE DOING THIS GREAT RENOVATION AND RETAINING THE INTEGRITY, UH, OF THE ARCHITECTURE IS, IS, IS A KUDO.

SO THANK YOU.

YOU KNOW, TO ME I, YOU KNOW, I APPRECIATE THAT.

'CAUSE YOU KNOW, THERE'S OTHER THINGS THAT YOU COULD DO IF YOU WANTED TO, SO.

YEAH, I APPRECIATE THAT.

WELL, WE LOVE, WE LOVE THE HOUSE.

UM, WE LIKE BEING THERE, SO JUST GOTTA GET BETTER GOLFERS THAT JUST THOSE GOLF BALLS DON'T ALL THE BALLS LAND.

RIGHT? I DON'T FOR THE RECORD, I DON'T CALL FOR LAGO.

I, I, I, I, I, I THINK, UH, ONE OF OUR BOARD MEMBERS DOES.

SO BE CAREFUL WHEN YOU GO BY HIS HOUSE.

NEXT TIME, MR. DAVIS.

OKAY.

UH, WITH NO OTHER QUESTIONS OR CON HIT IT ON THE OTHER SIDE.

I DON'T HIT HERE.

OKAY.

WITH NO OTHER QUESTIONS, UH, OR COMMENTS.

I'LL ENTERTAIN ANY MOTIONS FROM THE BOARD.

MOTION TO APPROVE.

SECOND.

SECOND.

MOTION.

MOTION BY MR. CRANNICK, SECOND BY MR. DAVIS.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? CONGRATULATIONS MR. LP.

THANK YOU VERY MUCH.

GOOD LUCK.

APPRECIATE IT.

GOOD.

TAKE CARE.

THANK YOU SO MUCH.

OKAY.

UH, NEXT IS OUR

[2.  Resiliency Code Clarification Amendments  ]

DISCUSSION ITEM, UH, REFERENCING THE RESILIENCE LEAK CODE, CLARIFICATION AMENDMENTS.

UH, I'LL GO AHEAD AND, UH, AND THIS WAS SENT OUT TO YOU AND I KNOW, UH, MR. MADDEN WILL, IS GONNA PUT IT UP ON THE SCREEN AND, AND MAKE A PRESENTATION TO GO OVER THAT, MR. MADDEN.

OKAY.

SO THIS IS, UH, A DISCUSSION ITEM REGARDING THE, THE, UH, LAND DEVELOPMENT REGULATIONS OF THE CITY, WHICH WE KNOW AS THE RESILIENCY CODE.

UM, THE RESILIENCY CODE WAS ADOPTED LAST FEBRUARY, UM, AND IT TOOK EFFECT, I BELIEVE IT WAS JUNE 1ST, 2023.

UH, SINCE THEN, WE'VE, WE'VE NOTICED SOME THINGS LIKE IN ANY CODE THAT NEED TO BE UPDATED, SOME THINGS THAT WE MAY HAVE MISSED, SOME THINGS THAT CAN BE IMPROVED ON.

UM, AND SO THESE ARE, THESE ARE REALLY CLARIFICATION AMENDMENTS, UH, OF, OF THINGS, UM, THAT, THAT WE FEEL NEED TO BE UPDATED IN THE CODE.

UH, SEVERAL OF THESE THINGS WOULD AFFECT VARIANCES, UH, THE TYPES OF VARIANCES THAT COME TO THE BOARD.

AND I'LL, I'LL GET INTO A LITTLE MORE DETAIL.

I'LL FOCUS ON THOSE SECTIONS THAT AFFECT VARIANCES, UM, RELATED TO YARD ENCROACHMENT, SETBACKS AND OTHER, OTHER, OTHER ISSUES SUCH AS THAT.

UM, SO THE GOAL OF THIS DISCUSSION IS IF YOU HAVE ANY, ANY ADDITIONAL FEEDBACK, ANYTHING THAT YOU THINK WE SHOULD INCLUDE IN THIS TECHNICAL UPDATE ITEMS THAT YOU FEEL, HEY, THESE THINGS ARE COMING TO THE BOARD.

WHY DO THESE THINGS COME TO THE BOARD? MAYBE THEY, THEY SHOULD JUST, THE CODE SHOULD BE AMENDED TO ADDRESS THESE ISSUES, TO MAKE THINGS EASIER FOR APPLICANTS.

THINGS LIKE THAT, THAT YOU MAY, THAT YOU MAY WISH TO SUGGEST AND RECOMMEND.

UM, AND, AND ANYTHING ELSE, WE'RE OPEN TO ANY OTHER IDEAS, UM, UM, REGARDING THIS UPDATE TO THE, TO THE ZONING ORDINANCE.

UM, SO WITH THAT, IF WE CAN LOAD THE, THE POWERPOINT PRESENTATION.

OKAY.

SO THE, UM, SHOULD I GO TO THE PODIUM TO CONTROL THE, THE PRESENTATION COMMUNICATION STAFF? NO, YOU COULD JUST, UH, REQUEST TO GO TO THE NEXT SLIDE.

OKAY, PERFECT.

THANK YOU.

OKAY, SO NEXT SLIDE.

OKAY, SO THE FIRST THING WE PLAN ON UPDATING ARE SOME DEFINITIONS.

UM, SOME OF THESE DEFINITIONS CREATE, UH, CREATE DOUBTS FOR, FOR APPLICANTS.

AND SO WE'RE, WE'RE LOOKING AT UPDATING THIS.

THE FIRST ONE, UPDATE THE DEFINITION OF YARD.

UH, PARTICULAR THE DEFINITION OF CORNER LOTS THAT CREATE SOME ISSUES.

APPLICANTS AREN'T SURE WHERE THEY SHOULD TAKE SETBACKS FROM, UH, WHEN THEY HAVE A CORNER YARD.

SO WE WANT TO UPDATE THAT, UH, TO, TO CLARIFY THAT A LITTLE MORE.

UM, UPDATE THE DEFINITIONS FOR HIGH ALBEDO SURFACE.

THIS AFFECTS, UH, ROOFS, UM, AND, UH, PAVEMENTS.

WE'RE LOOKING TO CREATE LIGHT COLORED ROOFS AND PAVEMENTS, UM, THAT REDUCE URBAN HEAT ISLAND EFFECT.

[00:25:01]

UH, UPDATE THE DEFINITION FOR COOL PAVEMENTS.

SAME THING, UH, AND UPDATE THE DEFINITION FOR, FOR A LOT SO THAT IT'S CLEAR THAT EACH ZONING DISTRICT HAS ITS OWN APPLICABLE ZONING REQUIREMENTS.

NEXT SLIDE, PLEASE.

OKAY.

WE'RE LOOKING TO CLARIFY SOME OF THE USES THAT WE HAVE IN THE ZONING CODE.

UM, WE, THE, THE CITY OF MIAMI BEACH ZONING CODE HAS A, A LOT OF DETAIL IN TERMS OF USE.

THAT'S WE REGULATE, UM, HOW USES OPERATE.

SO WE WANT TO CLARIFY SOME OF THESE THINGS.

UM, SO WE WANT TO DEFINE, FIRST OF ALL, UH, THE OUTDOOR COMMERCIAL RE RECREATION IS PERMITTED IN COMM COMMERCIAL AREAS.

WE'RE SEEING A LOT OF PICKLEBALL COURTS AND OTHER THINGS THAT ARE BEING LOCATED ON COMMERCIAL STRUCTURES.

AND WE JUST WANT TO BE CLEAR THAT THOSE ARE PERMITTED.

UM, UM, WE HAVE A LOT OF, UH, REGULATIONS FOR ACCESSORY USES THAT ARE LOCATED TOWARDS THE END OF THE CODE.

AND A LOT OF APPLICANTS MAY NOT BE AWARE THAT THOSE REGULATIONS EXIST.

SO WE WANNA INCORPORATE SOME OF THOSE INTO THE INDIVIDUAL ZONING DISTRICTS, UM, WHERE THAT MAKES SENSE, UH, SO THAT IT'S CLEARER FOR APPLICANTS WHEN THEY'RE LOOKING TO SEE WHAT THEY CAN AND CAN'T DO WITH THEIR PROPERTY.

WE HAVE CERTAIN NUISANCE USES THAT WE DEFINE IN THE CODE.

UM, THOSE INCLUDE, UM, PAWN SHOPS, UH, WHAT WE CALL OC CULT SCIENCE ESTABLISHMENTS, CERTAIN, UH, CERTAIN SORT OF CONVENIENCE STORES THAT, THAT MAY CREATE A LOT OF ISSUES FOR NEIGHBORHOODS.

SO WE WANT TO, UH, MAKE SURE THAT WE CLEARLY DEFINE WHERE THOSE ARE AND ARE NOT PERMITTED.

UH, CURRENTLY THE CODE IS CLEAR WHERE THEY ARE PERMITTED, BUT LESS CLEAR ON WHERE THEY'RE NOT PERMITTED.

THEY'RE SORT OF DEFINED AS JUST A GENERAL COMMERCIAL USE.

UM, CLARIFY SOME OTHER THINGS IN THE GU DISTRICT.

THAT'S THE GOVERNMENT USE DISTRICT, UM, CLARIFY.

WE HAVE SOME NEW TERMS FOR OUR SIDEWALK, UH, CAFE PROGRAM.

WE CALL IT A CONCESSION PROGRAM.

SO JUST UPDATING THOSE DEFINITIONS.

UM, AND THEN THE CODE ALSO HAS SOME HOTEL OCCUPANCY LIMITS.

WE WANT TO INCLUDE THOSE DEFINITIONS IN THE C PS ONE AND TWO.

NEXT SLIDE PLEASE.

SO, YARD ENCROACHMENTS.

THESE, THESE ARE, THESE REALLY AFFECT VARIANCES.

UM, A LOT OF VARIANCES ARE RELATED TO SETBACKS AND YARDS.

SO THIS IS, THESE ARE SOME OF THE THINGS WE'D WANT TO CLARIFY.

UM, CLARIFY THAT CENTRAL AIR CONDITIONERS, EMERGENCY GENERATORS, SWIMMING POOLS, PULL EQUIPMENT, AND OTHER MECHANICAL EQUIPMENT, THAT THOSE ARE ALLOWABLE ENCROACHMENTS IN ALL DISTRICTS.

CURRENTLY, THE CODE SAYS THEY'RE ONLY ALLOWABLE ENCROACHMENTS IN THE ARM ONE AND TH DISTRICT.

SO IF SOMEBODY WAS IN A, IN A ARM TWO, WHICH IS A MID-RISE, MULTIFAMILY BUILDING, THEY WANTED TO ADD AN AIR CONDITIONER TO THE SIDE OF THE BUILDING.

IF THEY ARE AT THE SETBACK, THEY WOULD NOT BE ABLE TO DO THAT WITHOUT OBTAINING A VARIANCE.

UM, A NEW A BUILDING SHOULD BE ABLE TO ADD AN AIR CONDITIONER.

SO WE THINK THAT THAT WOULD MAKE SENSE TO ALLOW THEM TO HAVE THOSE AS YARD ENCROACHMENTS INTO THEIR SIDE YARDS.

UM, CLARIFY THAT BICYCLE PARKING IS AN ALLOWABLE YARD ENCROACHMENT IN, IN, IN NON SINGLE FAMILY DISTRICTS.

UM, SO WE HAVE REQUIREMENTS NOW FOR BICYCLE PARKING TO ENCOURAGE PEOPLE TO, TO BIKE INSTEAD OF DRIVING.

UM, WE DON'T NECESSARILY CLARIFY THAT THEY CAN HAVE THE BICYCLE PARKING IN THEIR, IN THEIR YARDS.

UM, SO WE WANNA MAKE THAT CLEAR.

UM, WE WANT TO CLARIFY THAT ART INSTALLATIONS ARE IN AN ALLOWABLE YARD.

ENCROACHMENT.

WE GET A LOT OF NEW PROJECTS NOW THAT THEY'RE INCLUDING ART IN THEIR FRONT YARD AND, AND MAKING SURE THAT THEY CAN, THEY CAN ACTUALLY HAVE THOSE STRUCTURES PUT IN PLACE.

UM, CLARIFY THE DEFINITION FOR ACCESSORY BUILDINGS TO INCLUDE WALKWAYS.

UM, SO A LOT OF TIMES IN SINGLE FAMILY HOMES AND IN OTHER DISTRICTS, THEY BUILD AN ACCESSORY BUILDING IN THE REAR YARD.

UM, AND WE HAVE A SPECIFIC AREA THAT THEY'RE ALLOWED TO OCCUPY.

UM, AND IT'S NOT CLEAR THAT THAT AREA ALSO COVERS THEIR WALKWAYS.

UM, AND THEN WE ALSO WANNA MAKE SOME OTHER CLARIFICATIONS FOR MARINE STRUCTURES.

THE BOARD OF ADJUSTMENT OFTEN GETS VARIANCES FOR, UM, UM, MARINE STRUCTURES.

UM, AND WE WANNA MAKE SOME CLARIFICATIONS TO THOSE DEFINITIONS, UM, BECAUSE IT DOES INVOLVE OTHER REVIEW AGENCIES OUTSIDE OF THE CITY'S CONTROL.

NEXT SLIDE.

UM, THIS IS JUST QUICK FOR THIS IS THESE ARE THINGS THAT WE APPROVE ADMINISTRATIVELY PLANNING AND ZONING PERMITS.

THE CODE REFERS TO PLANNING AND ZONING PERMITS IN SEVERAL AREAS, BUT IT REALLY DOESN'T DEFINE WHAT THAT IS AND WHAT THAT ENTAILS.

SO WE JUST WANNA MAKE SURE THAT THAT'S CLEAR.

UH, WE WANT TO CLARIFY THAT YOU DO NOT NEED A SPECIAL PERMIT, A PLANNING AND ZONING PERMIT FOR REAL ESTATE SIGNS.

UM, WE GET A LOT OF, OBVIOUSLY A LOT OF HOMES GO FOR SALE.

UM, AND WE WANNA MAKE IT CLEAR THAT YOU DON'T NEED A PERMIT, BUT WE DO WANNA MAKE IT CLEAR THAT THEY STILL HAVE TO COMPLY WITH SIZE LIMITATIONS AND OTHER THINGS THAT ARE IN THE CODE.

UM, AND JUST A FEW OTHER, OTHER CLARIFICATIONS THERE.

NEXT SLIDE PLEASE.

THIS ONE AFFECTS THE, THE BOA.

UH, THIS IS, UH, THESE ARE RELATED TO THE SINGLE FAMILY DISTRICT.

A LOT OF VARIANCES THAT COME HERE ARE RELATED TO THE SINGLE FAMILY DISTRICT.

UM, SO WE WANT TO CLARIFY, UM, HEIGHT LIMITS IN SINGLE STORY HOMES.

UM, CURRENTLY THAT'S SORT OF LOCATED IN AN OBSCURE AREA OF THE SINGLE FAMILY DISTRICT.

DO YOU WANT TO HIGHLIGHT THAT? SINGLE FAMILY HOMES HAVE A HEIGHT LIMIT OF, UH, 18 FEET FOR FLAT ROOF, UH, 21 FEET FOR SLOPED ROOF.

UM, RIGHT NOW WE'VE HAD SOME APPLICANTS THAT MISS THAT HEIGHT REQUIREMENT AND THEY USE THE HEIGHT LIMIT OF

[00:30:01]

A TWO STORY HOME.

UM, AND THEN WE SORT OF HAVE TO SEND THEM BACK AND WE WANNA MAKE SURE THAT THAT'S VERY CLEAR.

UM, WE WANT TO CLARIFY, UH, FOR UNDERSTORY HOMES, UM, POOLS CAN GO IN THE UNDERSTORY.

WE WANT TO CLARIFY, UM, SETBACKS FOR THE FRONT YARD.

IF YOU'RE DOING A, IF YOU HAVE AN EXISTING SINGLE FAMILY HOME, SIMILAR TO THE VARIANCE THAT WE JUST HAD, WE WOULD REQUIRE THE SECOND FLOOR TO BE SET BACK 40 FEET.

IF THAT SINGLE FLOOR, IF THAT'S FIRST STORY GOES, IS AT THE 20 YARD SETBACK, WHICH IS WHAT'S ALLOWED FOR A SINGLE STORY HOME, YOUR SECOND FLOOR WILL HAVE TO BE SETBACK AT 40 FEET.

UM, WE WANNA CLARIFY THAT THAT'S ALSO AVAILABLE FOR NEW HOMES.

UM, UM, THAT NEW HOMES COULD DEVELOP WITH THE FIRST FLOOR AT 20 FEET AND THE SECOND FLOOR SET BACK AT 40 FEET.

UH, SIMILAR TO WHAT WOULD BE ALLOWED FOR AN EXISTING SINGLE STORY FOAM, UM, FOR CARPORTS, UM, CARPORTS ARE ALLOWED TO ENCROACH INTO THOSE FRONT YARDS.

CLARIFY THE HEIGHT LIMITS.

UM, WE HAVE, UH, WE'LL, WE'LL PROBABLY SEE SOME VARIANCES NEXT MONTH FOR, UH, WHAT, WHAT WE CALL AN ARCHITECTURALLY SIGNIFICANT HOME.

UM, AND IT, SO WE WANT TO CLARIFY THAT THE REQUIREMENTS FOR SOME OF SIDE YARD SETBACKS DON'T APPLY TO ARCHITECTURALLY SIGNIFICANT HOMES.

THESE ARE HOMES THAT GET SPECIAL INCENTIVES IN ORDER TO, UH, UH, BE ABLE TO PRESERVE AND PRESERVE THOSE, THOSE EXISTING HOMES.

SO THEY GET SEVERAL SETBACK INCENTIVES, UNIT SIZE, INCENTIVE LOT COVERAGE INCENTIVES.

AND WE WANNA ENSURE THAT THEY DON'T HAVE THAT THEY'RE, THAT IT'S CLEAR THAT THEY DON'T HAVE TO USE THE SUM OF SIDE YARD SETBACKS AS AN ADDITIONAL INCENTIVE, UH, TO PRESERVE THOSE HOMES.

UM, WE WANT TO CLARIFY SETBACKS FOR SWIMMING POOLS.

UH, CLARIFY REQUIREMENTS FOR LANDSCAPED AND OPEN SPACES.

UM, UM, AND THE, AND ALSO CLARIFY THAT, UH, FENCE HEIGHTS, INTERIOR SIDE AND NON-WATER FRONT REAR YARD SETBACKS, UH, REAR YARD FENCE HEIGHTS.

UM, THE ELEVATION THAT WE MEASURE THOSE FROM, THAT'S SOMETHING THAT APPLICANTS OFTEN HAVE ISSUES WITH.

UM, WHEN THEY'RE INSTALLING A FENCE IN THEIR SIDE YARDS OR IN THEIR REAR YARDS WHERE WE MEASURE THAT HEIGHT FROM.

CURRENTLY, THE CODE REQUIRES US TO MEASURE THAT FROM THE SIDEWALK ELEVATION.

BUT WHEN YOU GET ALL THE WAY TO THE REAR OF THE PROPERTY, THE PROPERTY MIGHT BE AT A HIGHER ELEVATION.

IT MAY BE DIFFICULT TO DETERMINE WHAT THAT SIDEWALK ELEVATION IS WHEN YOU GET TO THE REAR OF THE YARD.

UM, SO WE WANNA MEASURE THAT FROM THE MINIMUM ELEVATION THAT A YARD IS SUPPOSED TO HAVE, UM, IN ORDER TO MAKE IT A LITTLE BIT EASIER FOR APPLICANTS.

SO NEXT SLIDE.

PARKING.

UH, WE JUST WANT TO CLARIFY A FEW THINGS SO THAT IT'S CLEAR HOW TO MEASURE PARKING.

OUR PARKING CODE IS PRETTY COMPLEX.

YOU NEED TO HAVE A DEGREE IN ADVANCED MATHEMATICS IN ORDER TO CALCULATE OUR PARKING REQUIREMENTS.

UM, SO WE WANT TO JUST CLARIFY A FEW THINGS, UM, IN THIS SECTION, UH, TO MAKE IT A LITTLE EASIER FOR, FOR STAFF AND FOR APPLICANTS TO BE ABLE TO CALCULATE.

UH, NEXT SLIDE.

UM, WE WANNA MAKE A FEW CLARIFICATIONS IN THE HEARING PROCEDURES AND APPEAL PROCEDURES.

UM, THIS BOARD HEARS, UM, A LOT OF APPEALS AND, UM, UM, SO WE WANT TO CLARIFY A FEW THINGS REGARDING THE CROSS-EXAMINATION AND QUA, UH, PROCEDURES FOR QUASI-JUDICIAL HEARINGS.

UH, MAKE SURE THAT THE TIME LIMITS THAT, UH, THAT EVERYONE IS, IS ALLOWED IS VERY CLEAR.

UH, WE WANNA REPLACE THE TERM SPECIAL MASTER WITH SPECIAL MAGISTRATE.

UH, JUST A SIMPLE CLARIFICATION.

UM, AND ONE ADDITIONAL, UH, UH, IN LOOKING AT IT FURTHER, UH, REQUEST FROM THE CITY ATTORNEY'S OFFICE TO RECONCILE THAT QUASI-JUDICIAL PROCEDURE AND THE RESILIENCY CODE, UM, UM, WITH, WITH, UM, OTHER TERMS THAT, UH, THAT THE CODE USES.

UH, NEXT SLIDE.

UH, LAST BUT NOT LEAST, UH, JUST A FEW UPDATES TO THE AMENDMENT PROCEDURE PROCESS OF THE CODE.

WE DO OFTEN AMEND THE CODE, UH, FOR DIFFERENT CIRCUMSTANCES THAT ARISE, AND WE JUST WANT TO CLARIFY A FEW OF THESE PROCEDURES, UH, AND TIMEFRAMES THAT THESE AMENDMENTS HAVE TO FOLLOW, UH, WHEN THEY'RE APPLIED FOR.

SO THAT'S PRETTY MUCH IT.

UM, WE'RE OPEN TO, UH, WE HAVE ONE MORE.

I THINK THE LAST SLIDE IS JUST ASKING YOU IF WE HAVE ANY QUESTIONS, COMMENTS, ANYTHING ELSE THAT WE DIDN'T TOUCH, ANY IDEAS THAT YOU MAY HAVE.

UM, PLEASE FEEL FREE.

I THINK, I THINK WE SHOULD HAND THE POP QUIZ NOW TO MAKE SURE EVERYBODY'S PAYING ATTENTION TO ALL THAT LOT OF INFORMATION IN, IN, IN A SHORT PERIOD OF TIME.

YEAH.

UM, SO THAT'S, GO AHEAD AND OPEN IT UP.

'CAUSE I KNOW THERE'S PROBABLY GONNA BE SOME QUESTIONS.

UM, JESSE, ON, UH, YEAH.

UH, THROUGH THE CHAIR.

I, I REMEMBER THAT WE WERE SPEAKING A LITTLE BIT ABOUT SEA WALLS.

MM-HMM.

.

AND, UH, WHAT HAPPENS TO SOMEBODY WHO'S RENOVATING THEIR HOME VERSUS, UH, VERSUS NOT.

RIGHT.

AND WE WERE, UH, WE HAD APPROVED A LOT OF SEA WALL CHANGES FOR PEOPLE WHO WERE JUST RENOVATING AND DIDN'T WANT TO GO ALL THE WAY UP BECAUSE OF THE FACT THAT THEY WERE GONNA BLOCK THE VIEW OF THEIR HOUSE.

WHAT, WHAT DID YOU ADDRESS THAT IN THIS REVISIONS OR? NO.

SO, SO THE SEA WALLS ARE TECHNICALLY NOT REALLY REGULATED BY THE ZONING CODE.

THEY'RE REGULATED BY THE, BY THE CITY CODE, UH, OUTSIDE OF THE ZONING ORDINANCE.

SO THAT'S REALLY, I, I HAVE TO, I'D HAVE TO GET A PUBLIC WORKS INVOLVED IN THAT, BUT IF YOU WANT, I, I CAN REACH OUT TO THEM.

AND BECAUSE I STANDARDS ARE, THINK WE DID REQUEST TO HAVE THAT EVALUATED SO THAT OKAY.

YOU KNOW, BECAUSE IT'S SOMETHING THAT, IT'S HAPPENING VERY OFTEN AND TYPICALLY IT, IT, IT GETS APPROVED.

OKAY.

ALSO REGARDING THE, THE SETBACKS FOR, CAN YOU HOLD OFF ON THE SEAWALL FOR A MINUTE? I'LL HAVE A COMMENT ON THE SEAWALL.

'CAUSE IF YOU REMEMBER THE VARIANCES THAT WE HAVE

[00:35:01]

APPROVED WITH THE SEAWALL REPAIR, WE DID REQUIRE THAT THEY REPAIR THE SEAWALL SO THAT IF THEY SELL THE HOUSE AND SOMEONE COMES IN AND KNOCKS IT DOWN, THAT SEA WALL WOULD BE ABLE, WOULD THEN BE CORRECT.

NEEDED TO BE RAISED.

RIGHT.

BUT I THOUGHT THE MA MAJOR ISSUE THAT YOU HAD BROUGHT UP, UH, AND I WATCHED THE LAST MEETING THAT I COULDN'T MAKE IT AT WAS THE TIMEFRAME.

I THOUGHT THAT WAS MORE OF YOUR ISSUE.

IT TAKES, IT COULD TAKE UP TO TWO YEARS TO, TO GET A PERMIT, WHICH, YOU KNOW, I DON'T THINK WAS WITHIN OUR PURVIEW OF US BEING ABLE TO DO ANYTHING.

RIGHT.

YEAH.

A LOT OF THAT REVIEW THAT'S REQUIRED BY DERM AND SOME OTHER OUTSIDE AGENCIES THAT ARE OUTSIDE OF OUR CONTROL.

UH, BUT WE'LL LOOK AND SEE WHAT WE CAN, WHAT WE CAN DO TO, TO MAKE THAT A LITTLE EASIER.

AND I BELIEVE FROM THE LAST MEETING I WATCHED, YOU SAID THERE'S SOMEONE FROM DURHAM HERE ONCE A MONTH.

THAT'S CORRECT.

YOU KNOW? MM-HMM.

AND MY QUESTION WOULD BE ON THAT WOULD BE, IT SEEMS LIKE, IS THAT ENOUGH TIME TO HAVE SOMEONE HERE? DO WE HAVE THAT MANY? I I, I ASSUME WE WOULDN'T HAVE THAT MANY.

WE HAVE A DECENT AMOUNT, BUT 'CAUSE YOU HAD BROUGHT UP MR. ION IN THAT MEETING, MAYBE THERE NEEDS SOMEONE FROM, NEEDS TO BE HERE TWICE A MONTH.

I BELIEVE YOU, YOU BROUGHT UP WHATEVER IT WAS NOT TO TAKE, YOU KNOW, TWO YEARS TO GET A SEA WALL PROOFED.

'CAUSE IT SOUNDS RIDICULOUS THAT YOU NEED TO WAIT.

EVERYBODY'S TRYING TO HELP WITH FLOOD MITIGATION AND THEN YOU HAVE TO WAIT TWO YEARS TO GET SOMETHING FIXED.

DOESN'T COINCIDE.

MM-HMM.

.

OKAY.

SO, BUT CONTINUES, I THINK THAT YOU WERE LOOKING INTO THAT LAST TIME.

DID YOU OR BECAUSE I, I WOULD HATE TO HAVE THE SAME CONVERSATION ALL OVER AGAIN AND THEN NOTHING HAPPENED.

IT'S MY F SO I I, IT IS MY FIRST MEETING, SO I, I, I CAN'T SAY THAT I DID, I'LL, I'LL FOLLOW UP WITH MICHAEL.

WHAT WAS HIS, I THINK HE WAS COVERING THE LAST MEETING.

UM, SEE WHAT, SEE WHAT RESEARCH WAS DONE.

AND I'LL, I'LL GET BACK TO YOU ON THE NEXT, I APPRECIATE IT.

AND THEN ALSO REGARDING THE SETBACKS FOR, UM, AC AND EMERGENCY GENERATORS AND STUFF LIKE THAT, IS THERE ANY REQUIREMENTS FOR, UM, PUTTING THEM OFF THE GROUND AND ALSO AND OR SOUND, UM, ISSUES? SO THEY, THEY, THEY DO HAVE TO FOLLOW THE BUILDING CODE, WHICH REQUIRES THAT MECHANICAL EQUIPMENT BE LOCATED AT BASE FLOOD ELEVATION.

SO IF YOUR, IF YOUR YARD IS BELOW THAT, YOU WILL HAVE TO ELEVATE THAT, THAT MECHANICAL EQUIPMENT, UM, ON STILTS OR WHATEVER OTHER, UH, UH, DEPENDING ON THE SIZE OF IT.

RIGHT.

UM, WE DO HAVE REQUIREMENTS FOR SCREENING AND, AND SOUND MITIGATION.

IT DOESN'T HAVE A FIXED NUMBER THAT THE SOUND HAS TO BE, UM, UM, KEPT AT A CERTAIN LEVEL.

BUT WE DO HAVE REQUIREMENTS FOR SCREENING THAT, THAT, UH, THAT EQUIPMENT, UH, SO THAT IT DOESN'T CREATE A VISUAL IMPACT ON THE NEIGHBORS.

GOT IT.

AND MY LAST THING IS MORE OF A POINT THAT I THINK THAT THE CITY WOULD BE GREAT IN CREATING VIDEOS THAT ARE INFORMATIVE.

IF I'M MOVING OVER TO THE CITY OF MIAMI BEACH AND I WANNA BUILD MY HOUSE IN THE CITY OF MIAMI BEACH, HOW GREAT WOULD IT BE THAT THEY COULD GO INTO, UH, THE YOUTUBE CHANNEL AND LOOK UP, WATCH THE VIDEO OF, YOU KNOW, THINGS TO LOOK OUT FOR OR THINGS THAT, YOU KNOW, SORT OF LIKE A SUMMARY OF THESE ISSUES.

AND OBVIOUSLY TYPICALLY PEOPLE HAVE THEIR ARCHITECTS AND WHATNOT TO REVIEW AND GO OVER ALL THAT STUFF WITH THEM.

BUT IT WOULDN'T HURT THAT, UM, WE HAD SOMEWHAT OF A TUTORIAL VIDEO, UH, FOR SOME KEY THINGS THAT THE CITY COULD BE EDUCATING PEOPLE ON SO THAT THEY SORT OF LIKE REDUCE THE LEARNING CURVE WHEN GOING THROUGH THE PROCESS HERE.

OKAY.

WE'LL REACH OUT TO THE, UH, COMMUNICATIONS STAFF, SEE WHAT WE CAN DO ABOUT THAT.

OTHER COMMENTS, MR. SILVERS? YEAH, I HAVE A COUPLE ISSUES THAT I WOULD LIKE TO DISCUSS.

FIRST OF ALL, YOU HAVE A, UH, HEIGHT LIMITATION FOR SINGLE FAMILY HOMES.

NOW WE'RE BASING IT ON THE SIDEWALK ELEVATION BECAUSE OF THE FLOOD ISSUES ON, ON THE CITY.

I THINK IT SHOULD BE CONSIDERED THAT THE HEIGHT OF BUILDINGS SHOULD BE BASED ON THE, FROM THE TOP OF FLOOD CRITERIA AND NOT FROM THE SIDEWALK.

THAT THAT IS AN AMENDMENT THAT WE MADE A FEW YEARS BACK.

SO WE ARE NOW MEASURING HEIGHTS FROM WHAT WE CALL THE DESIGN FLOOD ELEVATION, WHICH IS THE BASE FLOOD ELEVATION, WHICH IS SET BY FEMA.

AND THEN WE ACTUALLY ALLOW YOU WHAT WE CALL THE FREEBOARD.

SO THAT'S A MINIMUM OF ONE FOOT TO FIVE FEET ABOVE THE BA BASE FLOOD ELEVATION.

UH, GENERALLY THE BASE FLOOD ELEVATION IS EIGHT FEET AND GVD ROUGHLY TRANSLATES INTO EIGHT FEET ABOVE SEA LEVEL.

NOT EXACTLY, BUT THAT'S, THAT'S THE ROUGH, UH, TRANSLATION.

SO WE ALLOW YOU TO GO, UH, FROM NINE TO 13 FEET ABOVE, UH, ABOVE THE ABOVE SEA LEVEL ESSENTIALLY FOR WHERE WE CAN MEASURE THE HEIGHTS.

OKAY.

AND THE OTHER ISSUE IS BASED ON THE LOT SIZES, THE LOT DEPTHS AND ON MOST LOTS ARE 125 FEET DEEP.

AND YOU, WHEN YOU PUT SOMEBODY WANTS TO PUT A, UH, POOL IN THE FRONT OF THE PROPERTY, IT SAYS HERE 20 FEET, WHICH INCLUDES THE POOL DECK.

SO IF YOU HAVE A POOL THAT'S 15 BY 30 OR 15 BY 40 MM-HMM.

OR 17 OR WHATEVER, PLUS FIVE FEET ON EACH SIDE FOR WALKING, YOU REALLY HAVE NO BACKYARD.

RIGHT.

DO YOU UNDERSTAND? MM-HMM.

.

SO, YOU KNOW, THAT SHOULD BE RE-LOOKED AT CONCERNING A 20 FOOT SETBACK FOR A POOL AND POOL AREA.

'CAUSE I, I, I THINK THAT YOU'RE GONNA GET CAUGHT IN, IN THE LIMITATION OF THE, THE DEPTH OF THE HOUSE.

OKAY.

A LOT THAT THERE'S NOT GONNA BE A BACKYARD.

AND THEN THE, WITH A VERY, VERY SMALL BACKYARD, IT AFFECTS THE, THE,

[00:40:01]

THE, THE HOUSE BEHIND IT.

MM-HMM.

BEING SO CLOSE.

SO, OKAY.

SO I THINK YOU SHOULD LOOK AT THAT.

THOSE ARE THE TWO ISSUES.

THE HEIGHT, AND I DON'T UNDERSTAND WHY YOU'RE THAT A HOUSE, A SINGLE FAMILY HOUSE HAS A HEIGHT, FLAT ROOF HAS 18 FEET.

IF, IF, IF A FLAT ROOF DESIGN HAS DIFFERENT LEVELS TO CREATE CLEAR STORY.

MM-HMM.

HIGHER LEVEL FOR THE LIVING ROOM AND STUFF LIKE THAT.

IT MAY BE BE, IT MAY BE ABOVE THAT 18 FEET.

SO I THINK YOU SHOULD LOOK AT THAT 18 FEET AS AS, UH, I DON'T KNOW IF THAT'S NECESSARY AS YOU KNOW, I, I THINK THAT SHOULD BE LOOKED AT ALSO.

OKAY.

THINK ABOUT A FLAT ROOF AS A WAREHOUSE IF IT'S JUST TOTALLY FLAT.

MM-HMM.

.

BUT IF AN ARCHITECT HAS DESIGN IN MIND AND, AND A ONE STORY HOUSE, HE'S GOING TO CHANGE THE LEVELS OF, IN DIFFERENT PARTS OF THE HOUSE TO CREATE SOME DESIGN AND INTEREST IN THE HOUSE.

SO I THINK HE SHOULD LOOK AT THAT ALSO.

OKAY.

THANK YOU.

MR. S ANY OTHER COMMENTS, MR. CRANNICK? SO I, MY COMMENTS MORE OR QUESTIONS MORE GENERAL IS, WHILE THIS SEEMS LIKE MOSTLY FAVORABLE TO THE HOMEOWNERS OR JUST PLAIN CLARIFICATIONS, IS THERE ANYTHING IN HERE THAT COULD BE NEGATIVE FROM SOMEONE THAT'S ALREADY IN THE PROCESS BASED ON THEIR INTERPRETATION OR, I DON'T THINK SO.

UM, NOTHING REALLY HERE THAT, THAT, THAT REDUCES WHAT YOU'RE ALLOWED TO BUILD.

UM, SO I, I DON'T BELIEVE THAT THERE'S ANYTHING HERE THAT WOULD BE NEGATIVE.

UM, ANYBODY WHO ALREADY HAS A BUILDING PERMIT, THESE, THESE WOULDN'T AFFECT THEM UNLESS THEY, UNLESS THERE'S SOMETHING THAT'S BENEFICIAL TO THEM, THEY CAN COME BACK AND CHANGE AND TAKE ADVANTAGE OF IT.

UM, AND ANYBODY WHO HAS A, AN APPROVAL FROM A BOARD, IF THEY HAVE AN APPROVED VARIANCE, AN APPROVED APPROVAL FROM A DESIGN REVIEW BOARD OR ANY OF THE OTHER BOARDS, THEY WOULD BE GRANDFATHERED IN AS TO THOSE, THOSE REGULATIONS, UH, THAT EXISTED.

UH, BUT I DON'T SEE ANY, ANYTHING HERE THAT WOULD BE NEGATIVE TOWARDS THEM.

THANKS.

OKAY.

MR. DAVIS, IS THIS ON? YEAH.

UM, A QUESTION ALSO SORT OF ON FOLLOW UP TO THIS IS, UM, I'M LOOKING AT A LOT OF THESE AS CLARIFICATIONS OR MAYBE QUASI PROCEDURAL.

MM-HMM.

, UH, CLARIFICATIONS.

HAS THE CITY ATTORNEY'S OFFICE WORKED WITH YOU IN DEVELOPING THESE, THESE CHANGES? OR HOW DOES JUST MM-HMM.

TAKE, WALK ME THROUGH WHAT THAT PROCESS IS TO MAKE SURE THESE ARE CLARIFICATIONS VERSUS SUBSTANTIVE CHANGES.

YES.

THE, THE CITY ATTORNEY HAS BEEN, SINCE THE CODE WAS ADOPTED, HAS BEEN SENDING US THINGS THAT SHOULD BE UPDATED.

SO, SO THE, AND SPECIFICALLY THE, UH, THE SECTION ON APPEAL ON HEARING PROCEDURES AND APPEALS AND THE AMENDMENT PROCESS, THOSE HAVE COME DIRECTLY FROM THE CITY ATTORNEY'S.

AND WE HAVE, UH, UH, DEPUTY CITY ATTORNEY NICK ES WITH US.

GOOD, GOOD MORNING.

I I CAN ANSWER THAT QUESTION.

SORRY.

UM, SO THE RESILIENCY CODE ADOPTED CERTAIN PROCEDURAL REQUIREMENTS FOR, FOR THE CONDUCT OF QUIZ OF JUDICIAL HEARINGS, UM, THAT SOME OF THOSE PROVISIONS ARE MORE GENERAL THAN WHAT WE ALREADY HAD IN OUR EXISTING CODE, WHICH, WHICH RELATE, WHICH GOVERNS, UH, QUIZ A JUDICIAL PROCEDURES.

SO THE IDEA WOULD BE TO, YOU KNOW, NOT HAVE QUIZ A JUDICIAL PROCEDURES IN TWO DIFFERENT PLACES AND TO RECONCILE THEM.

WE HAVE MORE SPECIFIC REQUIREMENTS ABOUT THE ORDER OF THESE PROCEEDINGS, MEANING WHEN AN APPLICANT PRESENTS, UH, WHEN THE PUBLIC HEARING TAKES PLACE, WHEN THE REBUTTAL OCCURS, AND WHEN, MOST IMPORTANTLY WHEN CROSS-EXAMINATION OCCURS, THAT ARE MORE SPECIFIC IN THE CITY CODE.

AND WE WANNA MAKE SURE THE RESILIENCY CODE INCLUDES THOSE, THOSE, UH, MORE DETAILED REQUIREMENTS.

SO IT'S, IT'S REALLY NOT A, A SUBSTANTIVE CHANGE.

OKAY.

I APPRECIATE THAT.

I JUST ASSUMED WHEN I SEE THE STUFF WHEN YOU'RE LIKE SPECIAL MASTER SPECIAL MAGISTRATE, OBVIOUSLY THAT'S THE NON-SUBSTANTIVE CHANGE RIGHT.

IS APPROPRIATE.

UH, BUT, UH, I WOULD ALWAYS THINK THAT CLARIFYING THE TIMING FOR CROSS-EXAMINATION, UH, WOULD THINK THAT WOULD BE ALWAYS AT THE DISCRETION OF THE, WHOEVER THE OFFICIAL IS SUPERVISING THE PROCEDURE.

AND THERE IS A GENERAL FRAMEWORK FOR WHEN IT SHOULD OCCUR.

UH, BUT YOU KNOW, THE BOARD DOES HAVE SOME DISCRETION.

YES.

OKAY.

THANK YOU.

JUST YOUR OFFICE IS WEIGHED IN IS MY MOST IMPORTANT POINT.

THANK YOU.

SEE, IT'S GOOD TO HAVE A SECOND ATTORNEY UP ON THE DICE NOW, SEE, YOU'RE NOT BY YOURSELF ANYMORE, MR. SEGLER.

.

THAT'S GOOD.

ANY, ANY OTHER COMMENTS? UM, YOU KNOW, I JUST HAVE A COMMENT.

I WAS A LITTLE BIT SURPRISED ON THE, UM, ON THE REAL ESTATE SIGNS, THEY DON'T, THEY DON'T NEED TO GET A PERMIT TO PUT A REAL ESTATE.

'CAUSE THAT, THAT'S KIND OF BIG.

THEY'RE ALL OVER TOWN AND I'VE SEEN OTHER MUNICIPALITIES DO REQUIRE A PERMIT.

SO I KNOW WE HAVE, WE HAVE SIGN, WE HAVE ORDINANCES THAT CAN BE ONLY SO BIG MM-HMM.

WHERE THEY CAN PLACE IT AND ALL THAT.

BUT WE DON'T REQUIRE THEM TO ACTUALLY PULL A PERMIT.

WELL, THIS IS, THIS IS CLARIFYING THAT.

I BELIEVE THEY, THEY DO GO TO THE FINANCE DEPARTMENT AND GET A, AND PAY A FEE TO, TO, UH, TO GET THE REAL ESTATE SIGN.

UM, BUT THERE'S JUST SUCH A HIGH VOLUME, UH, TO MAKE THEM COME TO THE PLANNING DEPARTMENT TO GET A, TO GET A SPECIAL PLANNING PERMIT TO, TO PUT A REAL ESTATE SIGN, UM, IS A LITTLE ONEROUS.

UM,

[00:45:01]

AND SO WE DO HAVE THE REQUIREMENT, IF SOMEBODY SEES A SIGN THAT'S NOT COMPLYING WITH THE REQUIREMENT, THEY WOULD, THEY COULD BE ISSUED A VIOLATION.

SO THERE ARE SIZE LIMIT, THERE ARE SIZE LIMITATIONS AND WHERE THEY CAN PUT IT ON THE PROPERTY AND ALL THAT.

CORRECT.

AND DON'T BOTHER THE REALTORS DON'T BOTHER THE REALTORS .

IT'S A MR. VICE CHAIR.

THIS IS OUTTA YOUR REALM.

.

UH, OKAY, PERFECT.

YEAH, I JUST WANTED, SO IF SOMEBODY SEES, HEY, THEY, THEY HAVE A MASSIVE SIGN.

YEAH.

THAT'S A VIOLATION.

THEY WOULD HAVE TO REMOVE THAT AND, AND PUT, PLACE IT WITHIN THE LIMITS OF, OF THERE AND WITHIN THE CODE.

OKAY.

PERFECT.

UM, ANY OTHER COMMENTS? NO.

OKAY.

SO THANK YOU.

THANK YOU FOR YOUR, YOUR TIME AND EFFORTS IN PUTTING THAT PRESENTATION TOGETHER.

IT, IT NA'S BEEN KIND OF QUIET.

I'M WORRIED ABOUT MR. NOT COMMON.

ARE YOU OKAY? ? UM, OKAY.

DO WE HAVE ANY APPEALS? NO APPEALS.

OKAY.

UM, ANY, UH, ANY OTHER

[OTHER BUSINESS]

BUSINESS? GOOD.

AND WELFARE.

OUR NEXT MEETING IS OCTOBER 11TH AND I BELIEVE, UH, MR. BAD, YOU CAN CONFIRM WE HAVE AT LEAST FOUR ITEMS. WE HAVE FOUR ITEMS ON THE AGENDA.

YES.

OKAY.

OCTOBER 11TH.

THAT MEETING WILL START AT NINE O'CLOCK SHARP.

THAT MEANS WE'LL BE HERE A COUPLE MINUTES BEFORE NINE, SO WE'RE READY AT NINE.

NOT POINTING ANYBODY OUT HERE.

UM, ANY OTHER COMMENTS? GOOD.

AND WELFARE.

OKAY.

THANK YOU BOARD.

APPRECIATE YOUR EFFORTS AND HAVE A GREAT FRIDAY.

AND HAVE A GREAT WEEK, WEEKEND EVERYBODY.

ALRIGHT.

THANK YOU SO MUCH.

THANK YOU.

MOTION TO MOTION TO CLOSE THE MEETING.

OKAY.

ALL AYE.

YES.

THANK YOU.

ACCLIMATION .