* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] PLEASE TAKE YOUR SEATS. THE MEETING IS ABOUT TO BEGIN. REMEMBER TO SPEAK INTO THE MICROPHONE AS THIS MEETING IS BEING RECORDED FOR PUBLIC RECORD, PLEASE STAND BY. WE ARE GOING ON AIR IN 5, 4, 3, 2, 1. GOOD MORNING EVERYBODY, AND WELCOME TO THE FRIDAY, NOVEMBER 1ST ZONING BOARD OF ADJUSTMENT MEETING. UM, WE HAD EXPECTED, ACTUALLY A LONG MEETING TODAY, BUT WE HAD A COUPLE LAST MINUTE CHANGES, SO, UM, WE SHOULD BE OUTTA HERE HOPEFULLY IN ABOUT AN HOUR, AN HOUR AND A HALF. SO, UM, GIVE YOU SOME TIME BACK. UH, WITH THAT, I WANT TO GO AHEAD AND TURN IT OVER [ATTENDANCE] TO, UH, WE, MR. MADDEN, UH, TO TAKE ATTENDANCE. ALRIGHT. UH, GOOD MORNING EVERYBODY. I'M GONNA GO FOR DO A ROLL CALL. UH, MR. GOLDBERG HERE. MR. ION? HERE. MR. DAVIS. HERE. MR. RENICK. MR. RENICK IS ABSENT. MR. EGR PRESENT? MS. SILVERMAN? HERE? UH, MR. SILVERS HERE. OKAY. WE DO HAVE A QUORUM. WE HAVE SIX MEMBERS PRESENT. OKAY, GREAT. THANK YOU SO MUCH. UH, WITH THAT, LET'S TURN IT OVER TO THE CITY ATTORNEY FOR ANY UPDATES AND IF YOU CAN GO AHEAD AND SWEAR IN THE PUBLIC AND EXPLAIN HOW THE PUBLIC CAN PARTICIPATE VIA ZOOM. VIA ZOOM, PLEASE. SURE. GOOD MORNING ALL. UM, NO CITY ATTORNEY UPDATES THIS MORNING. SO I'M GONNA PROCEED, UH, WITH WELCOMING EVERYONE AND GIVING, UH, FOLKS THE ZOOM INFORMATION. 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 AND APPLICANT STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA THE ZOOM PLATFORM. IN ORDER TO PARTICIPATE IN TODAY'S MEETING, THOSE WISHING TO PARTICIPATE VIA THE ZOOM PLATFORM WEBINAR MAY 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 THEY CAN LOG, UH, 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'RE USING THE ZOOM APP, OR DIAL STAR NINE IF THEY ARE PARTICIPATING BY PHONE. BEFORE I SWEAR IN THOSE THAT ARE TESTIFYING, I'M GONNA READ INTO THE RECORD THE CITY'S NOTICE REGARDING LOBBYIST REGISTRATION. IF YOU ARE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR ANOTHER PERSON, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE. IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER BEFORE YOU SPEAK WITH 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 ARE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR IF YOU'RE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT OR OPPOSITION TO ANY ITEM. EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATION SHALL PRIOR TO APPEARING DISCLOSE IN WRITING TO THE CITY CLERK, THEIR NAME, ADDRESS, AND THE PRINCIPAL ON WHOSE BEHALF THEIR 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'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE. UH, MR. CHAIR, FOR THOSE THAT ARE TESTIFYING, UH, HERE TODAY, I WILL BE SWEARING THEM IN RIGHT NOW. AND THOSE ON ZOOM, YOU'LL NEED TO BE SWORN IN INDIVIDUALLY. SO ALL THOSE IN CHAMBERS, UH, THAT ARE GOING TO BE TESTIFYING, IF YOU COULD PLEASE STAND, RAISE YOUR RIGHT HAND. OKAY. UH, 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? I DO. OKAY. THANK YOU. AND WITH THAT, I'LL TURN IT BACK TO YOU, UH, MR. CHAIR. THANK YOU MR. ATTORNEY. APPRECIATE THAT. UH, MR. MADDEN, DO WE HAVE ANY DISCUSSION ITEMS? WE HAVE NO DISCUSSION ITEMS TODAY. OKAY. UH, IN YOUR PACKAGE, YOU [1. After Action Report – October 11, 2024 ] HAD THE MINUTES FROM OUR LAST MEETING, OCTOBER 11TH, 2024. HOPEFULLY YOU HAD A CHANCE TO REVIEW THOSE. UH, I'LL ENTERTAIN IF THERE'S ANY ERRORS OR ANY CHANGES THAT NEED TO BE MADE. IF NOT, I'LL ENTERTAIN A MOTION TO APPROVE. MOVE TO APPROVE. OKAY. MOVE. SECOND. MOVE BY MR. DAVIS. SECOND BY MR. IAN. ALL IN FAVOR? AYE. OPPOSED? THANK YOU. UH, NEXT, UH, [2. ZBA24-0161, 605 LINCOLN ROAD UNIT 800RF] WE HAVE ACTUALLY TWO REQUESTS FOR CONTINUANCES OR WITHDRAWAL. SO, UH, THE FIRST ONE IS GOING TO BE ZBA TWO FOUR DASH OH 1 6 1 6 0 5 LINCOLN ROAD, UNIT 8 0 0 RF. MR. MADDEN, CAN YOU PLEASE, UH, TEE THAT UP FOR US? YES. THE, UM, APPLICANT HAS REQUESTED THAT THE ITEM BE CONTINUED TO THE FEBRUARY MEETING, AND I BELIEVE THAT IS [00:05:01] FEBRUARY 7TH. UM, THEY'RE, THEY'RE NOT ABLE TO MAKE IT TODAY. THEY'VE HAD SOME CONFLICTS AND, UH, AND ARE JUST REQUESTING THAT THE ITEM BE CONTINUED FOR THAT PURPOSE. OKAY. THE SECOND ONE IS ZBA 22 DASH OH 1 43. 1 25 DASH 15 THREE COLLINS AVENUE. MR. MADDEN. OKAY. SO THIS ITEM IS ALSO BEING, UH, REQUESTED FOR A CONTINUANCE. THE, THE APPLICANTS ARE HERE, UM, THEY'RE REQUESTING THAT THE ITEM BE CONTINUED TO THE JANUARY MEETING, AND WE WANTED TO CONFIRM, UM, THAT THAT WOULD BE THE JANUARY 8TH, IF EVERYBODY WAS OKAY WITH JANUARY 8TH. I DID RECEIVE SOME RESPONSES THAT, THAT JANUARY 8TH LOOKS LIKE A GOOD DATE FOR EVERYBODY. JUST DO A QUICK POLL. EVERYBODY STILL GOOD? JUST TO CONFIRM, JANUARY 8TH, 'CAUSE I KNOW WE, THAT'S A CHANGE OF MEETING DATE THAT IT WAS SENT OUT. JUST POLLING, MAKING SURE EVERYBODY WAS GOOD FOR JANUARY 8TH, 2025. FINE WITH ME. MR. LER, YOU'RE LOOKING, UH, I THINK I'M TOO LATE. I JUST REALIZED AN HOUR IN THE MEETING MINUTES. IT'S FROM LAST TIME. THIS IS PROBABLY TOO LATE, SO, BUT YOU'RE GOOD. YOU'RE GOOD ON JANUARY 8TH? YEAH, I THINK SO. I JUST, OKAY. I GUESS SINCE WE ALREADY APPROVED THE MIN MINUTES, IT'S, WE CAN, WE CAN HAVE A MOTION TO RECONSIDER IF THERE'S AN ISSUE. I'M JUST REALIZING I, I'VE VOTED AGAINST ON ITEM FOUR AND IT SAYS SIX OUT, BUT OKAY. IT DOESN'T MAKE A DIFFERENCE. WAIT, WAIT. ITEM FOUR. SO YOU'RE TALKING ABOUT THE MINUTES? YEAH. MM-HMM, . OKAY. SO YOU FIND AN ERROR ON THE MINUTES? MM-HMM, . IT'S OKAY. WE CAN GO BACK. WE CAN GO BACK AND WE OPEN IT. NO, IF THERE'S AN ERROR. SORRY ABOUT THAT NEEDS TO BE CORRECTED. SO YOU WANT GO? I'LL, I'LL, I I CAN MAKE THAT CORRECTION IF, YEAH. OKAY. THANK YOU. SO WE'LL JUST MODIFY THE MINUTES. WE'LL BE APPROVED, WE'LL APPROVED AS MODIFIED. UM, WITH, WITH, WITH THAT. THANK YOU FOR POINTING THAT OUT MR. SEGLER. APPRECIATE IT. UM, DO WE NEED, I FORGET, DO WE NEED TO APPROVE, UH, THE CONTINUANCES OR, YES. SO LET THE CONTINUANCES NEED TO BE VOTED ON. SO LET'S, LET'S, I GUESS WE CAN DO, CAN WE DO 'EM BOTH? WE CAN DO 'EM BOTH TOGETHER, RIGHT? OR SHOULD WE WE CAN. IT, IT'S BETTER BECAUSE THEY'RE SEPARATE DATES THAT WE DO THEM BOTH. OKAY. SEPARATELY. OKAY. SO LET'S, UH, I'LL ENTERTAIN A MOTION, UH, FOR THE FIRST ONE ON ZBA 24 DASH OH 1 61. ANY MOTIONS TO APPROVE? MOVE TO APPROVE. OKAY. MOVE BY MR. DAVIS. SECOND. I'LL SECOND IT. OKAY. SECOND BY JANET. UM, ALL IN FAVOR? AYE. AYE. OPPOSED? OKAY. PASSES. LET'S GO TO THE SECOND ONE. [3. ZBA22-0143, 125-153 Collins Ave.  ] ZBA 22 DASH OH 1 43. ANY MOTIONS TO APPROVE? MOVE TO APPROVE. OKAY. IS THAT MR. DAVIS HERE? YES, MR. DAVIS. SECOND. I'LL SECOND IT, BUT IT DOESN'T RHYME WITH MOVE TO APPROVE . SECOND ONE. MR. LER. UH, ALL IN FAVOR? AYE. AYE. OPPOSED? MOTION PASSES. THANK YOU. WE LOOK FORWARD TO, UM, SEEING THOSE NEXT YEAR. UH, CONTINUING. WE HAVE THREE NEW 1, 2, 3 NEW APPLICATIONS. UH, FIRST ONE WE'RE GONNA ENTERTAIN [4. ZBA24-0167, 5821 Pine Tree Drive] IS GONNA BE ZBA TWO FOUR DASH OH 1 67 5 8 2 1. PINE TREE DRIVE. MR. MADDEN? YES. OKAY. SO THIS IS, UM, UH, RELATED TO 5 8 21 PINE TREE DRIVE. THIS IS AN APPLICATION HAS BEEN FILED REQUESTING VARIANCES FROM THE MINIMUM REQUIRED SUM OF SIDE YARD SETBACKS AND THE MINIMUM REQUIRED INTERIOR SIDE YARDS IN ORDER TO CONSTRUCT TWO ACCESSORY STRUCTURES TO AN EXISTING ARCHITECTURALLY SIGNIFICANT HOME. UM, ON JULY 16TH, 2024, THE PLANNING DIRECTOR DETERMINED THAT THIS WAS AN ARCHITECTURALLY SIGNIFICANT HOME WAS BUILT IN 1935. UM, IF, IF EVERYBODY'S, UH, FAMILIAR OR NOT, I CAN DESCRIBE WHAT WHAT ARCHITECTURALLY SIGNIFICANT, UM, ENTAILS. YEAH. CAN YOU PLEASE, CAN YOU PLEASE DO THAT? I KNOW WE SPOKE ABOUT THAT IN OUR AGENDA, IF YOU PLEASE DO. OKAY. SO, UM, COUPLE YEARS, ABOUT TWO YEARS AGO, PRIOR TO TWO YEARS AGO, THE CITY HAD INCENTIVES, UM, AND REQUIREMENTS TO ENCOURAGE THE PRESERVATION OF HOMES THAT WERE BUILT PRIOR TO 1942. UM, THOSE REGULATIONS REQUIRED THAT IF YOU WERE GONNA BE, UM, DEMOLISHING A PRE 1942 HOME, YOU HAD TO GO TO THE DESIGN REVIEW BOARD. UM, AND IF YOU, AND IT HAD A PROCESS TO GET DESIGNATED AS AN ARCHITECTURALLY SIGNIFICANT HOME WHERE YOU WOULD RECEIVE INCENTIVES THAT WOULD ENCOURAGE YOU TO PRESERVE THE HOME, THE STATE PREEMPTED THE CITY'S ABILITY TO TREAT THOSE HOMES, UH, DIFFERENTLY IN TERMS OF DE DEMOLITION TWO YEARS AGO. SO THE CITY CHANGED THE, THE, THE INCENTIVE PROGRAM TO ONE THAT COULD BE APPROVED ADMINISTRATIVELY. SO YOU, AS A, AS A HOMEOWNER OF A PRE 42 HOME, AND ACTUALLY WE PRE CHANGED IT TO PRE 66 HOME, YOU'D BE ABLE TO APPLY TO THE CITY TO HAVE YOUR HOME DESIGNATED, WHICH WAS DONE IN THIS CASE AS AN ARCHITECTURALLY SIGNIFICANT HOME. IT DOESN'T MEAN THAT YOU CAN'T DEMOLISH THE HOME. UM, BUT IT DOES MEAN THAT IF YOU, IF AS THAT, IF YOU DO KEEP AND PRESERVE THE ARCHITECTURALLY SIGNIFICANT ELEMENTS OF THE HOME, YOU CAN TAKE ADVANTAGE OF SEVERAL INCENTIVES, UH, THAT THE CODE HAS. THAT INCLUDES RELIEF FOR SETBACKS. SO YOU GET SMALLER SETBACKS, YOU GET EXTRA HEIGHT, YOU GET EXTRA LOT COVERAGE, EXTRA UNIT SIZE AS A, AS A MAJOR INCENTIVE TO ENCOURAGE YOU TO RETAIN THAT PRE, UH, PRE 1966, ARCHITECTURALLY SIGNIFICANT HOME. UH, HOWEVER, THOSE INCENTIVES APPLY TO THE MAIN STRUCTURE. UM, SO IN THE CASE OF THIS APPLICATION, UH, THEY'RE PROPOSING TO BUILD ACCESSORY STRUCTURES, BASICALLY TWO DETACHED STRUCTURES. SO THESE INCENTIVES DO [00:10:01] NOT APPLY TO THOSE DETACHED STRUCTURES. IF THEY WERE ATTACHED TO THE MAIN HOME, THEY WOULD NOT NEED TO BE HERE FOR A VARIANCE. THOSE ARCHITECTURALLY SIGNIFICANT, UM, UM, INCENTIVES WOULD BE SUFFICIENT TO APPLY, UM, TO COMPLY WITH THE SETBACK REQUIREMENTS FOR THESE TWO STRUCTURES. SO LET ME GET TO THE SPECIFICS OF THIS, OF THIS APPLICATION. UM, THEY'RE PROPOSING TWO ACCESSORY STRUCTURES. ONE IS A GUEST HOUSE IN THE REAR YARD. UM, AND THEN ANOTHER ONE, UM, IS, IS IN A SIDE YARD PARALLEL TO THE FRONT YARD OF THE HOME. AND THAT'S GONNA BE FOR A, A SUMMER KITCHEN, OUTDOOR KITCHEN AND, AND A BAR AREA FOR, FOR THE, UH, FOR THE RESIDENTS TO BE ABLE TO ENJOY THEIR BACKYARD. UM, SO THEY NEED THREE VARIANCES. THE FIRST ONE IS A VARIANCE OF THE MINIMUM REQUIRED SIDE YARD SETBACK. CURRENTLY THAT WOULD BE REQUIRED TO BE 15 FEET. AND THAT'S FOR THE TWO STORY GUEST HOUSE IN THE REAR. THEY WANT THAT STRUCTURE TO BE PARALLEL TO THE EXISTING HOME. SO THEY'RE REQUESTING THAT THEY, UM, UH, RECEIVE A SETBACK OF EIGHT FEET, EIGHT INCHES ON THE NORTHERN SIDE OF THE PROPERTY. UM, SO CURRENTLY THE CODE REQUIRES 10% OF THE LOT WIDTH OR 10 FEET. SO IN THIS CASE, 10%, A LOT WIDTH WOULD BE 15 FEET. SO THEY'RE, THEY'RE REQUESTING A VARIANCE, UM, UM, FOR THAT PURPOSE. STAFF, UM, IS OKAY WITH THAT BECAUSE IT IS A PRACTICAL DIFFICULTY. IT'S ENCOURAGES AND INCENTIVIZED THE PRESERVATION OF AN ARCHITECTURALLY SIGNIFICANT HOME. SO STAFF IS SUPPORTIVE OF THAT. THE OTHER TWO VARIANCES ARE RELATED TO THE SECOND ARCHITECTURE, THE SECOND STRUCTURE THAT THEY'RE ADDING, UM, CLOSER TO THE FRONT YARD. UM, AND SO AGAIN, THEY CURRENTLY HAVE A 45 FOOT SETBACK FOR THE MAIN STRUCTURE. SO WITHIN THAT 45 FOOT SETBACK, THEY WANNA BUILD THIS OTHER ACCESSORY STRUCTURE THAT I DESCRIBED. UM, WITH THE SUMMER KITCHEN, UM, THE CODE, AGAIN WOULD REQUIRE 15 FOOT SIDE SETBACK. UM, THEY'RE REQUESTING THAT, THAT BE REDUCED TO 10 FEET. UM, AND STAFF IS, IS, UH, FINDS THAT THAT IS A PRACTICAL DIFFICULTY BECAUSE, UM, IF, IF IT WERE ATTACHED TO THE MAIN HOME, SO IF ESSENTIALLY IF YOU HAD A CONTINUOUS WALL, THEY WOULD BE ABLE TO BUILD THAT STRUCTURE WITHOUT A PROBLEM. UM, AND THEN THE SUM OF SIDE YARD SETBACKS IS FOR THE SAME PURPOSE. UM, UM, THEY, THE CODE REQUIRES THAT THEY HAVE A 25% OF THE, OF THE, OF THE LOT BE FOR THE SUM OF SIDE YARD. SO IF YOU HAD THE SETBACK ON THE NORTH AND THE SOUTH SIDES OF THE PROPERTY, UM, IT WOULD HAVE TO BE, UM, 37 FEET, EIGHT INCHES. UH, THEY'RE REQUESTING THAT, THAT BE REDUCED TO 18 FEET, EIGHT INCHES. UM, SAME REASON STAFF IS NOT OPPOSED TO THAT. SO WITH THAT, STAFF RECOMMENDS THAT THE THREE VARIANCES BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER. OKAY. BEFORE WE HAND IT OVER, UH, FOR THE PRESENTATION, ANY DISCLOSURES ON THE DICE? OKAY. SEEING NONE, UH, MS. BALTER, ARE YOU GONNA BE PRESENTING YOU, MS. TER, RIGHT? YES. UM, OKAY. 10 MINUTES. GOOD? YES. MORE ENOUGH. OKAY. LET'S GO AHEAD. SET THE TIMER PLEASE. THANK YOU. FLOOR IS YOURS. THANK YOU. GOOD MORNING, EMILY BALTER, ARDELL, FERNANDEZ, LARKIN, AND TAP OFFICE AT 200 SOUTH BISCAYNE BOULEVARD. I'M HERE TODAY ON BEHALF OF JASON AND RENEE GREENBERG, UH, OWNERS OF THE SUBJECT PROPERTY. I'M WITH OUR PROJECT ARCHITECT, JERRY KOVICH AND OUR GENERAL COUNSEL, JUDY SCOTCH STEIN, UM, AS WELL AS MY COLLEAGUE PETER SHOEMAKER, WHO JUST PASSED OUT OUR LETTERS OF SUPPORT. I'M SORRY, , UH, IF WE COULD CALL UP OUR PRESENTATION. THANK YOU SO MUCH. UM, THIS IS THE FRONT FACADE OF THE HOME, THE PROPERTY LOCATION. IT'S A DOUBLE LOT FRONTING PINE TREE DRIVE, AND IT HAS, UH, A WATER FRONTAGE ON INDIAN CREEK. IT'S A MID-BLOCK LOT. AS ROGELIO MENTIONED, WE'RE HERE TODAY, UH, REQUESTING SETBACK VARIANCES. UH, SPECIFICALLY BECAUSE THESE ACCESSORY STRUCTURES ARE NOT ATTACHED TO THE MAIN HOME, WE'VE PROVIDED SOME RELIEF OF THE MASSING. UH, WE'RE BEFORE YOU TODAY. THE APPLICANT'S GOAL IS TO ADD A GUEST HOUSE AND A SEPARATE KITCHEN WITHIN THE EX EXISTING EXPANSIVE SIDE IN YOUR REAR YARDS, UH, AND PRESERVING THE EXISTING ARCHITECTURALLY SIGNIFICANT HOME TO THE GREATEST EXTENT. UH, WE'LL SHOW YOU TODAY THAT KEEPING THESE STRUCTURES DETACHED IS A BETTER DESIGN. IT MINIMIZES THE OVERALL MASSING AND IT PRESERVES THE WATER FRONTAGE. THE FOCUS OF TODAY'S APPLICATION IS MAIN, IS MAINLY THE REAR YARD. SO WE'RE INCLUDING PHOTOS OF WHAT EXISTS TODAY. AS YOU CAN SEE, IT IS, UH, A BEAUTIFUL REAR YARD WITH A BEAUTIFUL, UM, WATER FRONTAGE THAT WE WOULD LIKE TO KEEP TO THE GREATEST EXTENT AND NOT BLOCK WITH, UH, ANOTHER STRUCTURE BY ATTACHING IT. THE HOME IS DESIGNATED ARCHITECTURALLY SIGNIFICANT. UH, IT WAS CONSTRUCTED IN 1935. THE, UH, DETERMINATION FOR ARCHITECTURALLY SIGNIFICANCE, UH, EXPLAINS THAT THE BUILDING REMAINS CHARACTERISTICS OF THE ECLECTIC STYLE AND ITS VARIATION. IT'S A RECOGNIZABLE EXAMPLE OF MEDI MEDITERRANEAN REVIVAL STYLE. UH, AND THE AERIAL PHOTOS INCLUDED IN THE DETERMINATION REPORT SHOWED THAT THE MASSING OF THE HOME [00:15:01] REMAINS NEARLY INTACT. ON THE CURRENT SURVEY, YOU CAN SEE HOW THE HOME AND DRIVEWAY HAVE NOT CHANGED. THE MAIN MASSING IS CENTRALLY LOCATED BETWEEN THE FRONT AND THE REAR, AND IT IS PULLED UP MORE TOWARDS THE NORTH. SO WE HAVE THAT VERY LARGE, UH, SOUTH SIDE SETBACK. AND HERE IS THE PROPOSED SITE PLAN, WHERE YOU CAN SEE THE TWO STORY GUEST HOUSE TOWARDS THE NORTH. IT'S IN LINE WITH THE EXISTING NORTH SIDE SETBACK AND THE ONE STORY KITCHEN ON THE SOUTH. IT'S ALSO IN LINE WITH THE FRONT SETBACK. WE'VE INCLUDED, UH, VARIANCE DIAGRAMS TO SHOW HOW MINIMAL THESE VARIANCES REQUESTS ARE. HERE'S ANOTHER, UH, VARIANCE DIAGRAM. THE, THE VARIANCES ARE JUSTIFIED, UM, BECAUSE THEY MEET THE STANDARD OF THE CODES FOR, UH, HARDSHIP AND PRACTICAL DIFFICULTIES. SPECIFICALLY, UH, MAINTAINING AND PRESERVING THE ARCHITECTURALLY SIGNIFICANT HOME TO THE GREATEST EXTENT POSSIBLE. UM, A STRICT INTERPRETATION OF THE CODE, UH, ESSENTIALLY THESE ACCESSORY STRUCTURES OR ADDITIONS WOULD BE PERMITTED AT A FIVE FOOT INTERIOR SETBACK IF THEY WERE JUST ATTACHED TO THE HOME. BUT BECAUSE WE'RE PROVIDING THAT RELIEF AND MAINTAINING THE VIEWS, WE'RE WE'RE SUBJECT TO THE MAIN HOME SETBACKS. IF IT WERE NOT AN ARCHITECTURALLY SIGNIFICANT HOME, WHICH IS 15 FEET, UM, THESE ARE THE MINIMUM VARIANCES NEEDED FOR THIS DOUBLE WIDE LOT. UH, WE'RE MATCHING THE EXISTING NORTH SETBACK. WE'RE MAINTAINING THE FRONT SETBACKS, AND WE'RE KEEPING OPENNESS OF THE REAR YARD, UM, AND PRESERVING WATER VIEWS. IF THESE STRUCTURES WERE PULLED BACK ALL THE WAY INTO THE REAR YARD SETBACK, AND THEY WERE ACCESSORY STRUCTURES AND NOT CONSIDERED PART OF THE MAIN HOME SETBACKS, THEY WOULD ALSO NOT BE SUBJECT TO THESE STRICT, UH, 15 FEET REGULATIONS. UH, ALSO THE OVERALL HOME IS SIGNIFICANTLY BELOW LOT COVERAGE AND UNIT SIZE. WE'RE NOT TRYING TO MAX OUT, UM, THE DOUBLE LOT. THE, UH, APPLICANTS MET WITH THE NEIGHBORS THAT WOULD BE POTENTIALLY IMPACTED BY THIS APPLICATION. UH, THEY DISCUSSED THE DESIGN AND OBTAIN THEIR SUPPORT PRIOR TO THE HEARING, AND WE'VE INCLUDED THOSE LETTERS OF SUPPORT IN THE RECORD TODAY. SO WITH NEIGHBOR AND STAFF SUPPORT, WE'RE RESPECTFULLY REQUESTING APPROVAL OF THE SETBACK VARIANCES. I'M AVAILABLE TO ANSWER ANY QUESTIONS AND WE RESERVE TIME FOR REBUTTAL. THANK YOU. OKAY, THANK YOU. UM, LET'S GO AHEAD AND OPEN IT UP TO PUBLIC COMMENT. DO WE HAVE ANYBODY HERE IN THE CHAMBER? ANYBODY ON ZOOM? NOT ANYTHING. ANYBODY ON ZOOM, PLEASE RAISE YOUR HAND. UM, NOPE. NOBODY OKAY. WITH THAT, WE'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT. I'LL OPEN IT UP TO BOARD MEMBERS FOR QUESTIONS THROUGH THE CHAIR. WELL, NOT VERY OFTEN WE GET NO QUESTIONS. I GUESS YOU DID A REALLY GOOD JOB PRESENTING MR. NO QUESTIONS. YOU'RE THINKING MISS DEON . NO, I DON'T. I, FIRST OF ALL, WHAT A GREAT DEAL. THIS PURCHASED THIS HOUSE IN DOUBLE LOT BACK IN 2020. IT'S A, IT'S LIKE CONGRATULATE TO THE BUYERS AND THE NEW OWNERS. IT LOOKS GREAT. IT LOOKS GREAT TO ME. OKAY. UM, WE HAVE NO COMMENTS FOR THE BOARD. UM, I, I'LL, I'LL AGREE WITH MS. BE BEAUTIFUL HOME. UM, GREAT, GREAT PROJECT. YOU KNOW, IT'S, IT'S, IT'S GONNA BE AWESOME. YOU KNOW, WE WISH THE HOMEOWNERS THE BEST. SO, UM, WITH THAT, I'LL ENTERTAIN A MOTION. ANY MOTION TO APPROVE? I'LL MAKE THE MOTION. UM, MS. SILVERMAN MOTION TO APPROVE. SECOND. GOTTA SPEAK UP MR. SILVERS. SECOND BY MR. SILVERS. ALL IN FAVOR? AYE. AYE. AYE. OPPOSED? CONGRATULATIONS TO THE GREENBERGS. THANK YOU. YOU'RE THE BEST. THANK YOU. THANK YOU. THANK YOU, MS. WALTER. OKAY. OKAY. SO WITH THAT, WE'LL GO [5. ZBA24-0165 6 La Gorce Circle] AHEAD TO OUR SECOND REQUEST IS ZBA 24 DASH OH 1 65 6 LEGGO CIRCLE, MR. MADDEN. OKAY. SO THIS IS, UH, AN APPLICATION HAS BEEN FILED REQUESTING A VARIANCE FROM THE MINIMUM REQUIRED REAR SETBACK IN ORDER TO CONSTRUCT AN ACCESSORY BUILDING TO AN EXISTING SINGLE FAMILY HOME. UM, SO IN THIS CASE, THIS IS AN EXISTING HOME. THE HOME, UM, WAS BUILT IN 2013. UH, THE APPLICANT, UM, IS REQUESTING TO CONSTRUCT AN ACCESSORY STRUCTURE IN THE REAR YARD. UM, THIS WOULD BE A CABANA STRUCTURE IN ORDER TO, UM, UH, IMPROVE THE USE OF THE REAR YARD. THE STRUCTURE IS PROPOSED TO BE ADJACENT TO THE POOL AND LINED UP, UM, WITH THE POOL IN THE WAY THAT THAT MAKES THE MOST LOGICAL SENSE. UM, THE APPLICANT IS REQUESTING A VARIANCE. CURRENTLY. THE, UM, THE VARIANCE IS FOR MINIMUM REQUIRED REAR YARD SETBACK OF 15 FEET THREE [00:20:01] INCHES IN ORDER TO CONSTRUCT THAT STRUCTURE WITH A REAR YARD SETBACK. SO THE, SORRY, THE REQUIRED YARD SETBACK IS 15 FEET, THREE INCHES. AND THEY'RE REQUESTING, UH, TO BE, TO BE CONSTRUCTING THAT STRUCTURE WITH A SETBACK OF 12 FEET, EIGHT AND A HALF INCHES. UM, THE, UM, THE, THE CURRENT SETBACK, IT REQUIRES, UH, 15% OF LOT DEPTH WITH A MINIMUM OF 20 FEET, OR A MAXIMUM OF 50 FEET. UM, SO THE APPLICANT, IF THEY WANTED TO COMPLY WITH THE REAR SETBACK, WOULD HAVE TO ESSENTIALLY DEMOLISH THE POOL, REBUILD THE POOL, AND CONSTRUCT THE POOL WITH A, WITH A REVISED SETBACK. THAT WOULD BE, UH, PROHIBITIVELY EXPENSIVE TO, TO DO THAT, JUST TO, TO COMPLY WITH THIS SETBACK. UM, THE, SO THAT IS A PRACTICAL DIFFICULTY FOR THE APPLICANT IN ORDER TO BE ABLE TO MAINTAIN THEIR EXISTING STRUCTURES AND FIT THAT SET. THE, THE STRUCTURE IN THE APPROPRIATE LOCATION, THE SETBACK IS REQUIRED. WE LOOKED AT THE NEIGHBORING YARDS. UM, THE NEIGHBORING YARD, UM, CLOSEST TO THIS, HAS AN ACCESSORY STRUCTURE WITH A SIMILAR SETBACK. THE INTENT OF THE SETBACK IS TO PRESERVE VIEWS TO THE SIDES. IF YOU HAVE WATERFRONT LOTS, THIS IS A WATERFRONT LOT ON LAGOS ISLAND. UM, THERE'S, THERE'S NO VIEW BEING BLOCKED HERE BECAUSE THERE IS A STRUCTURE ON THE ADJACENT LOT AT THE, AT A SIMILAR LOCATION. UM, SO THERE'S NO, NO NEGATIVE IMPACT FROM, FROM THE ISSUANCE OF THIS VARIANCE. UM, SO IT IS A PRACTICAL DIFFICULTY. STAFF IS SUPPORTIVE OF THE PROPOSED VARIANCE AND RECOMMENDS THAT THE BOARD APPROVE THE VARIANCE SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER. OKAY. BEFORE WE HAND IT OVER FOR PRESENTATION, ANY DISCLOSURES FROM THE DIOCESE? OKAY. WITH THAT BEING SAID, UH, MR. SMITH, YES. YOU GONNA BE PRESENTING THE OWNER OF THE HOUSE? YES. THANK YOU. THANK YOU SO MUCH FOR COMING IN. 10 MINUTES. GOOD? PLENTY. OKAY. OURS, SIX O'CLOCK, 10 MINUTES, HOPEFULLY. VERY SIMPLE, SIR. ALL RIGHT. FLOOR IS YOURS. GO TO, UM, UH, THANK YOU MR. MADDEN. YOU'RE WELCOME. UM, SEAN SMITH, THE OWNER OF, UH, SIX LAGAR CIRCLE. THIS IS MY WIFE STEPHANIE. UH, ARCHITECTS. WE HAVE RAPHAEL WANDO, WHO, UH, SPECIAL TO, FOR HIM TO COME, AND CARLOS ESTEBAN. SO I WILL GO QUICKLY, BUT AS WE, UH, THIS IS OUR CURRENT HOME, UM, AS YOU CAN SEE, UM, THE, SORRY, I COULD SEE THERE, RIGHT? DO YOU WANNA WALK THROUGH WITH THIS OR ANYTHING, OR NO? DO YOU WANNA SHOW ANYTHING OR YOU, WE GOOD? OKAY. ALRIGHT. SO THE EXISTING POOL, AS YOU CAN SEE, WE'RE TRYING TO, UH, CENTER, UM, THE STRUCTURE ON OUR CURRENT POOL. WE WENT THROUGH AND DID, UM, A A LOT OF DIFFERENT REVISIONS. UH, AND IT REALLY CAME DOWN TO WE WOULD HAVE TO DESTROY OUR, AND TAKE DOWN IT AND DEMO OUR ENTIRE BACKYARD. SO, UH, ALL WE'RE ASKING FOR IS 2.5 FEET. AND, UH, THAT IS REALLY ALL WE'RE ASKING FOR AT THIS TIME, TO BE ABLE TO CENTER THIS, UH, STRUCTURE ON OUR POOL, IN OUR BACKYARD. UM, SO YOU CAN SEE HERE, WE HAVE IT CENTERED. WE HAVE HERE SHOWING WHERE, UH, STEPS UP. WE ARE NOT CHANGING ANYTHING IN TERMS OF THE, WE ARE NOW, THE HEIGHT IS BY CODE NINE FEET. UH, AND WE ARE ALSO, WHAT'S THE OTHER WE HAVE ALL THE OTHER CODES ARE, YEAH, ALL THE OTHER CODES ARE MET. SO WE HAVE IT, WE HAVE TO, WE HAVE, IT'S GONNA BE MUCH HIGHER THAN OUR CURRENT POOL. IT'S HIGHER ACTUALLY, THAN OUR HOME CURRENTLY. 'CAUSE IT IS NOW NINE FEET INSTEAD OF EIGHT FEET. UM, SO WE HAVE NOT CHANGED ANYTHING. ALL WE'RE ASKING FOR IS THE TWO AND A HALF FEET. UM, AS YOU CAN SEE HERE, HERE'S ANOTHER ONE. WE ACTUALLY, ANOTHER THING I'LL POINT OUT, AND THIS IS A TESTAMENT TO, UH, MR. RAPHAEL WANDO HERE, BUT OUR HOME, WHEN WE DESIGNED IT, WE WANTED IT TO BE SOMETHING THAT FIT THE LOT. IT WASN'T TOO MUCH OF A HOME, UH, THAT WAS, YOU KNOW, JUST, YOU KNOW, ON, ON YOU. WE HAVE A LOT OF WHITE BOXES THAT ARE BEING BUILT IN THE CITY, UM, THAT ARE MUCH MORE, YOU KNOW, OUTTA SCALE. IS THAT CORRECT? AND, UH, OUR HOME IS ACTUALLY SET BACK. AND WE DID IT IN A WAY THAT IT, YOU KNOW, KIND OF WAS WELCOMING, UM, TO THE, YOU KNOW, TO THE HOME AND TO THE NEIGHBORHOOD. UM, THIS IS THE STRUCTURE. IT HAS A POOL, IT HAS A, UH, BATHROOM, HAS A LITTLE KITCHENETTE. UH, AND AGAIN, IT'S FOR, UM, OUR USE, UH, AT THE POOL. UH, THIS IS HERE. IT'S GONNA BE ENCLOSED AIR CONDITIONED, ENCLOSED AIR CONDITIONED. UH, THIS IS ACTUALLY A, UH, QUICK RENDERING. IT'S SHOWING OUR POOL, UH, CURRENTLY AS IT IS, UM, REALLY NOT MAKING ANY OTHER CHANGES OTHER THAN A LITTLE BIT OF SOME, UH, PATHWAYS. AND THEN WE ARE, AS YOU CAN SEE, IT HAS THE DOORS CLOSED IN THIS IMAGE. AND THEN THIS IS ACTUALLY THE CURRENT STATE THAT'S OUR HOME AS IT IS TODAY. UM, AND WE FELT WE NEEDED TO SOMETHING WE DESI DESIGNED A LONG TIME AGO, BUT ARE DECIDING TO DO IT NOW. UM, SO THIS IS IT HERE, THE SIDE. AND YOU COULD, AS YOU COULD SEE IN THESE IMAGES, UH, YOU COULD SEE THAT OUR, UH, HEDGE AND OUR NEIGHBOR'S HEDGE IS ACTUALLY OVER 14 FEET. UM, SO THEY WILL NOT SEE THE TOP OF, UH, THE ROOF OR ANYTHING. SO, UH, IT DOES NOT BOTHER THEM AT ALL. AND I THINK THAT IS IT. DID YOU HAVE ANYTHING TO ADD? NO, WE'RE GOOD. . UM, THIS IS ACTUALLY ONE OF OUR, I THINK WE'RE ONE OF THE HOMES WE'RE [00:25:01] MOST PROUD OF. AND, AND I THINK THAT ONE OF THE THINGS THAT WE'RE ALL TRYING TO DO IS MAKE IT, MAKE SURE THAT IT'S, IT FOLLOWS A SORT OF AN AESTHETIC APPROACH TO ARCHITECTURE. UM, WE ARE, WE, THIS IS A HOUSE THAT WE DID, UH, 2013. 2013. AND IT ACTUALLY LOOKS FANTASTIC STILL. SO I JUST WANTED TO LET HIM KNOW THAT WE'RE, I'M BEHIND 'EM A HUNDRED PERCENT, SO I'LL, OKAY. THANK YOU. UH, GO AHEAD AND OPEN UP THE PUBLIC COMMENT. DO WE HAVE ANYBODY HERE ON THE CHAMBERS ON ZOOM? MR. MADDEN, IF ANYBODY ON ZOOM, PLEASE RAISE YOUR HAND. NOPE, NO HANDS RAISED. OKAY. I'LL GO AHEAD AND ENTERTAIN QUESTIONS FROM THE BOARD. WOW, THIS HAS NEVER HAPPENED. THIS HAS NEVER HAPPENED. , JUST OUTTA CURIOSITY. I HAVE TO ASK ONE QUESTION. OKAY. I CAME ALL THE WAY DOWN HERE. WELL, HANG ON. LET'S START MR. DAVID, AND WE'LL COME BACK TO YOU. I SEE IT'S 14 FEET. I ASSUME THE NEIGHBOR SEE THAT WOULD BE ON THEIR EAST SIDE OF YOUR PROPERTY, CORRECT? THEY HAVE NO COMMENT ON IT OR NO, ACTUALLY, I RECEIVED AN EMAIL FROM HIM. HE WAS VERY, I SORRY, I DIDN'T HAVE IT UP HERE, BUT HE, UH, SO FAR HAS BEEN GOOD. HE JUST WANTS TO KNOW A TIMELINE. THAT WAS REALLY HIS ONLY QUESTIONS. ION YEAH. AND HE ACTUALLY HAS A PROVISION THAT WOULD ABUT TO YOUR PROVISION, RIGHT? YEAH. AND ARE YOU KEEPING THE, THE HEDGE OR DO YOU NEED TO ELIMINATE IT FOR THE UH, NO, NO. THE HEDGE WILL REMAIN STAY AS IS. YEAH. CORRECT. AND YOU'LL HAVE, AND HOW MANY SPACE BETWEEN THE HEDGE AND THE NOT MUCH THE WALL? IT'S, WELL, IT IS, IT'S THE, THE SIDE SETBACK. MM-HMM. IS, WHAT IS IT? SEVEN, SEVEN FEET? SEVEN AND A HALF. SEVEN AND A HALF FEET. SO, BUT THE HEDGE DOES COME OFF. MAYBE ANOTHER FOOT OR SO. SO MAYBE FIVE, FIVE AND A HALF. BECAUSE I SEE THAT YOU HAVE TWO DOORS. AM I RIGHT HERE? IS THIS TWO DOORS? NO, THOSE ARE WINDOWS IN THE BACK. OH, THESE ARE WINDOWS. YEAH, WINDOWS IN THE BACK. GOT IT. SOUNDS GOOD. THANK YOU. OKAY. GOOD. ANY OTHER QUESTIONS? OKAY, THAT BEING SAID, I'LL ENTERTAIN ANY MOTIONS. MOVE TO APPROVE. MOVE TO APPROVE BY MR. DAVIS. SECOND. SECOND. SECOND. I DON'T, HAVEN'T SEEN TOMORROW. I GOT YOUR LAST NAME. SECOND LINE. MR. SILVER . I'M SORRY, JUST OUTTA CURIOSITY, THIS SINK THAT'S HERE FACING THE WATER, IS THAT, IS THAT FOR A BAR SET UP? OR WHAT IS THAT SINK FOR? UH, WHICH ONE IS THE KITCHEN? IT, THE KITCHEN EDGE IS JUST, IT'S A NO NO, IT'S NOT SOMETHING THAT WOULD GO OUTSIDE. NO, I KNOW, BUT I'M JUST CURIOUS TO KNOW, WHAT IS THAT SINK? IT'S A, IT'S A KITCHEN END. LIKE WE WOULD HAVE ACTUALLY, LIKE FOR, YOU KNOW, WHEN WE HAVE PARTIES OUT THERE. COOL. SOUNDS GOOD. SO WE'RE GONNA HAVE A NICE WINDOW. OKAY. THANK YOU. OKAY, SO WE'VE GOT A, WE'VE GOT A MOTION ON THE FLOOR AND WE HAVE A SECOND. ALL IN FAVOR? AYE. AYE. AYE. OPPOSED? CONGRATULATIONS MR. SMITH, ENJOY IT. THANK YOU VERY MUCH. THANK YOU SO MUCH FOR COMING IN AND PRESENTING. APPRECIATE IT. AFTER THIS WAS DONE, I WAS WANT TO SAY, UH, MR. MADDEN AND HIS STAFF WERE GREAT TO WORK WITH AND VERY SUPPORTIVE AND VERY HELPFUL. UH, I DON'T THINK WE SAY THAT ENOUGH ABOUT THEM, BUT THEY WERE, THEY WERE GREAT. SO SEE, STAFF, THANK YOU VERY MUCH FOR THE TIME. THANK YOU FOR TIME. APPRECIATE IT. GOOD LUCK AND ENJOY YOUR HOME. HAVE A GOOD DAY. YOUR HOME LOOKS BEAUTIFUL. GREAT WEEKEND. THANK YOU SO MUCH. THANKS. OKAY. [6. ZBA24-0166, 5473 North Bay Road] OUR LAST ITEM IS ZBA 24 DASH OH 1 66 54. 73 NORTH BAY ROAD, MR. MADDEN. OKAY, SO THIS IS AN APPLICATION HAS BEEN FILED REQUESTING A VARIANCE FROM THE MINIMUM REQUIRED INTERIOR SIDE SETBACK FOR AN EXISTING ARCHITECTURALLY SIGNIFICANT HOME IN ORDER TO CONSTRUCT A GARAGE ADDITION. UM, SO THIS HOME WAS, UH, DETERMINED TO BE ARCHITECTURALLY SIGNIFICANT BY THE PLANNING DIRECTOR ON JUNE 28TH, 2024. THE HOME WAS ORIGINALLY CONSTRUCTED IN 1925. UM, AND THE APPLICANT CURRENTLY HAS, UM, AN AREA WHERE THEY PARKED THEIR CAR IN THE SIDE YARD, SORT OF A CARPORT. UM, AND THEY'RE PROPOSING TO ENCLOSE THAT AND TURN IT INTO A GARAGE. UM, THE GARAGE WOULD, UH, WOULD, WOULD BE A ONE CAR GARAGE, BUT IT, IT, THEY ARE PROPOSING THAT THERE BE A STACKER SO THEY CAN HAVE A SECOND CAR STACKED ON A SECOND LEVEL INSIDE OF THAT GARAGE. UH, BECAUSE IT'S ARCHITECTURALLY SIGNIFICANT, THEY ARE ALLOWED TO HAVE A FIVE FOOT SETBACK, UM, RATHER THAN THE TYPICAL SEVEN AND A HALF FOOT SETBACK THAT WOULD BE, WOULD BE REQUIRED OTHERWISE ON A LOT THAT'S LESS THAN 65 FEET WIDE. UM, HOWEVER, IN ORDER TO FIT THE GARAGE, THEY DO NEED A FEW EXTRA FEET. UM, SO THEY ARE REQUESTING THAT THAT SETBACK BE REDUCED FROM FIVE FEET TO THREE FEET ON THE SOUTHERN SIDE OF THE PROPERTY. UM, STAFF IS NOT OPPOSED TO THIS, AND THAT'S REALLY THE ONLY PLACE THEY COULD HAVE A GARAGE. SO IT IS A PRACTICAL DIFFICULTY. UM, IT DOES INCENTIVIZE THE RETENTION OF THIS PRE 19 29, 19 66, UH, ARCHITECTURALLY SIGNIFICANT HOME. SO STAFF IS SUPPORTIVE, UH, OF THE PROPOSED VARIANCE AND RECOMMENDS THAT THE BOARD OF ADJUSTMENT APPROVE ITS SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER. . OKAY. UH, THANK YOU. DO WE HAVE ANY DISCLOSURES? OKAY, WITH THAT BEING SAID, UH, WE'LL GO AHEAD. MR. MORERO, YOU GONNA BE HAVE TO CALL PRESENTING AND MS. BALTER? YES. UH, SET THE CLOCK FOR 10 MINUTES. THE FLOOR IS YOURS. THANK YOU. AND, UH, GOOD MORNING, MR. CHAIR, MEMBERS OF THE BOARD, MICKEY MARRERO FROM DEL FERNANDEZ. WITH ME, HE'S MY COLLEAGUE, EMILY BALTER, IF WE COULD GET THE PRESENTATION. UH, THANK YOU. SO, I, I HAVE A MUCH LONGER PRESENTATION. I THINK I'M GONNA TRY AND CONDENSE IT A LITTLE BIT. A LOT OF WHAT WAS SAID WAS SIMILAR TO EMILY'S HEARING FROM ABOUT 10 MINUTES AGO. OUR CLIENT CAME TO US HOPING [00:30:01] TO, THEY WANTED TO PRESERVE THE HOME. IT'S, IT'S, IT'S A BEAUTIFUL MED REVIVAL HOME. UM, AS YOU ALL KNOW, WHEN THE STATE RULES CHANGED, THE DESIGN REVIEW BOARD NO LONGER HAS CONTROL OVER THESE ARCHITECTURALLY SIGNIFICANT HOMES. SO ANYBODY CAN SIMPLY DEMOLISH THEM AND BUILD NEW, MOST OF OUR CLIENT, FRANKLY, ARE DOING THAT. UH, THE CITY I THINK STAFF GETS, GETS, GETS EXCITED WHEN WE COME IN WITH ONE WHERE THEY'RE TRYING TO PRESERVE THE HOME. THIS IS THE CASE. OUR, OUR OUR THIS FAMILY WANTED TO PRESERVE THE HOME. THEY LOVE THE STYLE. THEIR NEIGHBORS WERE HOPEFUL THEY WOULD PRESERVE THE HOME. UH, SO YOU CAN SEE IT'S LOCATED ON, ON A RELATIVELY NARROW LOT, IN A SMALL LOT ON NORTH BAY ROAD. IT IS SEVEN, JUST OVER 7,000 SQUARE FEET. AND IT'S, IT'S A NARROW LOT, WHICH IS WHY WE'RE HERE. THEY DID REALLY NEED TO GET THE, UH, THE, THE VARIANCE FOR THE GARAGE. THEY, THEY'RE, THEY'RE HAVING CONSTANTLY ENVIRONMENTAL ISSUES WITH THE CAR. SO THEY WANTED TO GET THE CARS IN THE GARAGE BECAUSE OF THE HOME SIDING WHERE IT IS, THERE'S NO WAY TO DO IT. THE NET, THE, THE GARAGE IS NARROW AS IT IS AT A JUST OVER 10 FEET. IT'S FOR A GARAGE THAT'S RELATIVELY NARROW. SO WE DID WORK WITH STAFF. WE WENT THROUGH THE ENTIRE PROCESS OF ARCHITECTURAL SIGNIFICANCE THEN, AND OF COURSE, THE HOME WAS APPROVED. IT HAS RETAINED ALL OF ITS ARCHITECTURAL CHARACTER FROM 1925 WITH VERY LIMITED MODIFICATIONS. UH, AS YOU CAN SEE IT, IT QUALIFIES FOR, FOR THAT DETERMINATION. WE RECEIVED THAT IN JUNE. HERE ARE SOME OF THE HISTORIC HOMES OF THE PROPERTY. IT WAS BUILT IN 25, BUT YOU CAN SEE IT THROUGH AN AERIAL IN 1941 AND A PICTURE OF THE HOME IN 1953, WHICH LOOKS TANGLY SIMILAR TO WHAT'S THERE TODAY. THERE'S, THERE'S THE HOME NOW. SO AS YOU CAN SEE, HERE'S, HERE'S THE DESIGN OF THE PROPOSED SITE PLAN. THE LOT IS EXTREMELY NARROW. WITHOUT A VARIANCE, WE COULD NOT DO ANY GARAGE THERE, AND THE CLIENT WOULD'VE BEEN MORE INCLINED TO POTENTIALLY DEMOLISH THE HOME, WHICH IS NOT WHAT THEY WANTED TO DO. BUT, BUT WE FOUND A GOOD SOLUTION AND IT WORKED WELL WITH STAFF TO GET THERE. THERE YOU SEE THE CAR, NOT A LOT OF SPACE TO WORK WITH SOME MORE ELEVATIONS. AND WHAT'S, AND THEN YOU CAN SEE THAT IT'S IMPORTANT BECAUSE OF THE LIMITED SPACE. YOU, WE SEE STAGGERS IN COMMERCIAL AND MULTI-FAMILY PROPERTIES QUITE A BIT. WE RARELY SEE THEM IN SINGLE FAMILY HOMES, BUT THEY'RE, THEY ARE APPROVED, UH, TO, TO GO THERE. AND WE'RE, WE'RE DOING THAT HERE TO KEEP BOTH CARS ENCLOSED BECAUSE OF THE LIMITED SPACE WITH THE GARAGE THERE, YOU CAN SEE THE EXTENT OF THE FIVE FOOT. AND WE'RE ASKING FOR A VARIANCE OF TWO FEET BECAUSE WE ONLY CAN, CAN MAKE IT WORK WITH THREE. WE BELIEVE THE VARIANCE IS MORE THAN JUSTIFIED. UH, THE PRIMARILY BECAUSE OF THE, THERE'S ALWAYS OTHER REASONS, UH, WHERE WE REALLY NEED THE SPACE TO MAKE IT WORK, TO ADDRESS, UH, THE ENVIRONMENTAL ISSUES WITH, WITH THE CARS AND THE PROTECTION. WE'VE DONE IT THE MOST EFFICIENT WAY AS POSSIBLE. SO IT REALLY IS THE, THE SMALLEST VARIANCE WE COULD ASK FOR. BUT I THINK THE BIGGEST CONDITION IS THE ARCHITECTURAL SIGNIFICANCE OF THE HOME. UH, COURTS HAVE RULED THAT PRESERVING A HISTORIC HOME AND WORKING WITH A PROPERTY OF THE HISTORIC HOME, AND IN THIS CASE, ARCHITECTURALLY SIGNIFICANT, IS A HARDSHIP. AND, AND THAT IS WHAT WE HAVE IN THIS CASE. MOST IMPORTANTLY, I THINK, UM, AS YOU KNOW, AS HAS BEEN THE TREND THIS MORNING, UH, WE DON'T, HAVEN'T HAD ANY OPPOSITION. HE MET WITH THE NEIGHBOR MOST, UH, CLOSELY IMPACTED BY THE SETBACK. THE NEIGHBOR IS THRILLED THAT THEY'RE KEEPING THE HOME AND THEY'RE COMPLETELY SUPPORTIVE OF THIS VARIANCE REQUEST. THEY PROVIDED A LETTER, UH, WE PROVIDED IT TO YOU ALL. AND IT IS IN OUR PRESENTATION. WE PROVIDED IT TO STAFF. IT'S, AND, AND WITH THAT, I, I WOULD CONCLUDE, UM, WE'RE EXCITED FOR PULLMAN FAMILY TO, TO KEEP THIS HOME AND, AND GET THIS LITTLE PROJECT UNDERWAY. OKAY. THANK YOU. THANK YOU. UH, LET'S GO AHEAD AND OPEN UP THE PUBLIC COMMENT OR HAVE ANYBODY ON ZOOM, MR. MADDEN. WE HAVE NOBODY ON ZOOM. OKAY. I'M GONNA OPEN UP TO THE BOARD FOR QUESTIONS. I I, WOW. YOU KNOW, I'VE NEVER HAD THE BOARD BE SO QUIET. YOU GAVE US A BUNCH OF EASY STUFF THIS MORNING. , WE GOTTA THROW THEM SOME CURVE BALLS, YOU KNOW, GET SOME LIKE, COMPLICATED THINGS. WE WERE, WE WERE HOPING TO, BUT THEY GOT CONTINUED. I CAN TELL YOU THE TWO THINGS THAT WE'RE, SO, SO, YOU KNOW, I'M ON THE STREET ALL THE TIME. MY DAD LIVES ON 59TH IN NORTH BAY ROAD. SO WHEN I GO OUT AND I LOOK AT ALL THE SITES AND, YOU KNOW, IT'S JUST, IT'S GREAT WHEN YOU HAVE SOMEONE THAT'S REALLY RESTORING AND, AND KEEPING IT AND NOT KNOCKING IT DOWN. 'CAUSE THERE'S SO MUCH GOING ON IN THAT STREET. IT DRIVES MY DAD CRAZY. AND YOU ALL KNOW MY DAD 'CAUSE EVERYTHING AROUND HIM ON 59TH AND NORTH BAY ROAD IS MAMMOTH AND HE'LL HAVE TO DO SOMETHING EVENTUALLY. UM, BUT IT WAS REALLY INTERESTING BECAUSE IT IS KIND OF TIGHT, LIKE YOU SAID. SO I'M JUST CURIOUS HOW IT'S GONNA WORK. SO IT'S UP AND DOWN. OKAY. SO THERE'S, IT'S EMPTY, THERE'S NO CARS. A CAR PULLS IN, RIGHT? YEAH. AND THEN HIT A BUTTON, YOU GET OUT, YOU HIT A BUTTON AND IT RAISES IT. AND THEN THE SECOND CAR COMES IN UNDERNEATH AND JUST PULLS IN UNDERNEATH. BUT WHAT IF THIS, WHAT IF THE SECOND CAR NEEDS, THE ONE ON TOP NEEDS TO LEAVE AND THE ONE DOWN THERE, YOU GOTTA GO OUT. IT'S A LITTLE BIT OF, A LITTLE BIT OF A HASSLE, BUT IT'S STILL, IT, IT, IT IS A LITTLE BIT OF A HASSLE. OBVIOUSLY THERE WILL BE SOME, WHEN YOU HAVE SITUATIONS WHERE PEOPLE ARE CONSTANTLY COMING IN AND OUT, YOU WILL PROBABLY HAVE ONE CAR THAT MAY BE PARKED OUTSIDE. BUT SINCE IT'S, IT'S A SINGLE FAMILY HOME AND IT'S JUST HUSBAND, WIFE DEALING WITH IT, THEY'RE GONNA HAVE TO WORK OUT THE MECHANICS OF THE CAR. BUT YES, THERE WILL BE OCCASIONALLY THE CONFLICT HAVING, WELL THE, THE OFFSET IS, YOU KNOW, YOU BASICALLY HAVE A TWO CAR GARAGE, YOU KNOW, WITH LIMITED SPACE. SO, UH, IT, IT, IT'S GONNA LOOK GREAT. I MEAN, THE HOUSE LOOKS GREAT, YOU KNOW, ON THE FRONT. CURB APPEAL'S GREAT. SO, UM, SAME PROCESS AS A TANDEM SPACE. YOU [00:35:01] STILL GOTTA GET OUT TO GET THE I KNOW. I JUST, I WANT TO ASK QUESTION MR. VICE CHAIR. OKAY. SOMEONE'S GOTTA ASK QUESTION. ARE YOU RAISING YOUR HAND MR. LER? YEAH. YEAH. NO, IT'S TOO LATE. IT'S TOO LATE. I I THINK WHAT YOU'RE SAYING IS THEY NEED A FULL-TIME VALET WORKING THERE ALSO MAKE THIS WORK. WELL, I, I, THE WAY I LOOK AT IT AND THEY HAVE THREE CARS AND LIKE THAT CAR THAT'S ALWAYS GONNA BE ON THE TOP IS GONNA BE LIKE, YOU KNOW, I MEAN, I GET IT. YOU CAN SEE THE CAR THAT WAS IN THE DRIVER AND THE PICTURE, YOU KNOW, MAYBE THE PORSCHE IS JUST GONNA STAY UP THERE AND THAT'S THE WEEKEND CAR TO GO OUT. WHO KNOWS. I'M, THEY'LL FIGURE IT OUT. THAT'S NOT IN OUR PURVIEW TO . NO, NO. MY, MY MINE WOULD BE THE ONE THAT'S STUCK ON TOP AND THAT IT WOULD BE A PROBLEM. YEAH, I'M TRYING TO, I'M JUST LOOKING AT THE PICTURE. IT ALMOST LOOKS LIKE YOU LIKE GO, THE SCOPE OF WORK GOES OUTSIDE THE PROPERTY LINE. AM I JUST MISREADING THIS? IT'S THE WAY IT'S DRAWN. YOU LOOK, IF YOU KEEP GOING. OKAY. SO IT'S NOT, ALRIGHT. NO, NO. WE, WE, WE, WE ARE THREE FEET FROM THE PROPERTY LINE. OKAY. I'M NOT SURE. WAIT, SORRY ABOUT THAT. A YARD FROM A FIRST DOWN. ALL RIGHT. YOU SAID THE LOT SIZE OF 7,000 SQUARE FEET OF THAT LOT. I THINK IT'S 70. YEAH. IT'S FUNNY 'CAUSE THAT'S, THAT'S, THAT'S THE SMALL, THAT'S KIND OF ONE OF THE SMALLEST LOT SIZE ON NORTH BAY ROAD. 'CAUSE I GREW UP ON 44TH IN NORTH BAY ROAD. YOU KNOW, IT'S BIG. BUT SOME OF THOSE ONES ON THE, ON THE DRY SIDE. BUT YOU KNOW WHAT, IT'S NOT A BAD THING TO BE ON THE DRY SIDE, ESPECIALLY YOU BOUGHT THE HOUSE 20, 30 YEARS AGO, RIGHT? UM, YOU BOUGHT IT, RIGHT? ? YEAH. LOOK IT, IT IS ONE OF THE SMALLER LOTS AND BECAUSE OF THAT WE, WE ARE LIMITED AND CONSTRAINED. UM, BUT THE PROCESS, AT LEAST, UH, IT WORKS IN THIS CASE. IT GIVES FOLKS THE ABILITY TO GET THESE INCENTIVES IF THEY PRESERVE THE HOMES. AND THAT'S WHAT HAPPENS. SO I THINK THE CITY PROCESS RESULTED IN, IN THE ITS GOAL HERE. ALRIGHT, LAST CALL MR. SILVERS. OKAY, TURN YOUR MIC ON PLEASE. THERE YOU GO. RIGHT, RIGHT HERE. OKAY, GO AHEAD. THE ADDITION ON THE SIDE, THE SIDE ELEVATION OF THE GARAGE. UM, CAN I POINT TO THAT FOR A MOMENT? IT'S, UH, OKAY. IT'S A BLANK WALL. IT'S LIKE TWO STORIES HIGH, RIGHT? WHAT? IT'S A BLANK WALL ON PAGE A THREE ONE BECAUSE THAT'S THE SIDE ELEVATION OF THE WALL. RIGHT? THAT'S A, I WOULD LIKE TO SEE MORE OF A RESIDENTIAL CONTINUATION OF THE DESIGN OF THE BUILDING. SO IT'S NOT A BLANK WALL TO YOUR NEIGHBOR. SO IF YOU CAN INCORPORATE WINDOWS THAT WOULD BE CONSISTENT WITH THE ARCHITECTURAL STYLE, I THINK IT WOULD IMPROVE THE, THE AESTHETIC FOR YOUR NEIGHBOR LOOKING INSTEAD OF, I THINK THAT THERE'S A BUSH BETWEEN THE PROPERTY. WHEN I LOOKED AT THERE, THERE'S A BUSH. HOW MANY FEET HIGH? YEAH, IT'S, IT'S THE BUSHES. YEAH. I MEAN, I, I WILL TELL YOU, I I THINK SINCE IT'S A GARAGE, THEY JUST WANTED TO KEEP IT AS CONTAINED AS POSSIBLE. AND THERE'S SUCH LIMITED SPACE. WE DID TALK ABOUT THAT BRIEFLY. AND THE NEIGHBOR HAS, I'M JUST ASKING, ADD SOME SORT OF WIN, ADD SOME WINDOWS ON THE SECOND LEVEL SO IT LOOKS OUT. SO THEY DON'T LOOK AT A BLANK WALL. REMEMBER YOU'RE ONLY THREE FEET FROM THE PROPERTY LINE. THAT MEANS YOU'RE MAYBE EIGHT FEET FROM HIS BUILDING LOOKING OUT OR LOOKING UP. SO WHAT I'M ASKING YOU IS TO ADD WINDOWS ON THAT BLANK WALL THAT WOULD BE CONSISTENT WITH THE ARCHITECTURAL STYLE, UH, OF THE OVERALL BUILDING. I, I DON'T WANNA, IT IS LIKE THE FOUNTAIN BLUE, UH, BUILT THAT GIANT ADDITION 50 YEARS AGO TO, TO SHADE THE EDEN ROCK SUN DECK. THERE'S NO WINDOWS ON THE NORTH SIDE OF THE FOUNTAIN BLUE TOWER. SO I'M JUST TRYING TO GET AWAY FROM THAT. UNDERSTOOD. AND, AND CREATE SOME SORT OF CONTINUATION. I JUST DON'T WANT TO SEE. I THINK HE WANTS, DEFINITELY WANTS TO RESPOND. YEAH. AND I, I HEAR YOU AND I, AND I ACTUALLY DON'T DISAGREE WITH YOU AT ALL. MY ONLY CONCERN IS THAT WE SHOWED THIS EXACT NEIGHBOR THIS PLAN AND HE LIKED IT AS IS. SO COULD WE MAKE IT SO THAT IT'S AT LEAST WORK WITH STAFF TO AT THE NEIGHBOR? COULD BE THAT NEIGHBOR COULD SELL HIS HOUSE NEXT WEEK. YEAH. SO I'M LOOKING AT OVERALL OVER TIME, I'D LIKE TO ASK STAFF, I'D LIKE TO ASK STAFF IF I, I DON'T THINK THAT'S IN THE PURVIEW OF, OF US TO START ASKING HIM TO CHANGE THE DESIGN. CAN YOU COMMENT ON THAT PLEASE? IF YOU SEE THAT, THAT THE DESIGN CHANGING THE DESIGN CAN MITIGATE THE IMPACT OF THE VARIANCE THAT, THAT WOULD BE WITHIN YOUR PURVIEW. UM, THAT I DO, I DO AGREE. THERE IS A BIG HEDGE THERE. SO THE WINDOWS LIKELY WOULD NOT BE VISIBLE BECAUSE OF THAT HEDGE, BUT THE HEDGE IS ONLY 10 FEET HIGH. THIS IS JUST, WELL, WE DO HAVE A LETTER OF SUPPORT FROM, FROM BOTH THE BUDDING NEIGHBORS AND I, AND I, LOOK, I DON'T DISAGREE WITH YOU, THAT'S WHY I'M STRUGGLING HERE. BUT MY ONLY CONCERN IS I'VE HAD MULTIPLE HEARINGS IN FRONT OF THE DRB WHERE THE NEIGHBORS HAVE REQUESTED THERE NOT TO BE A WINDOW FOR PRIVACY CONCERNS. SO MY FEAR WOULD BE AGREEING TO THIS AND IT BEING A BLACK AND WHITE CONDITION, AND THEN THE NEIGHBOR THAT AGREED TO SUPPORT IT ALL OF A SUDDEN NO LONGER IS HAPPY WITH THAT. THAT'S MY CONCERN. I I DON'T HAVE A PROBLEM WITH THE WINDOW. I JUST DON'T WANT TO DISRUPT THE HAPPINESS BETWEEN THE NEIGHBORS. ALRIGHT, MR. LER, WHAT IF THEY PAINT A WINDOW ON THE SIDE, LIKE, LOOKS LIKE A WINDOW. DOES THAT WORK? SAY THAT AGAIN? CAN [00:40:01] YOU LIKE PAINT A WINDOW? OH, A WINDOW. WELL, 'CAUSE HE'S WORRIED ABOUT PEOPLE LOOKING OUT THE WINDOW, BUT IT'S JUST PAINTED ON THE SIDE. I MEAN, I, I DON'T, ALL YOU HAVE TO DO IS PUT A PUT A, A WINDOW THAT YOU CAN'T SEE THROUGH. RIGHT. SO IT LOOKS LIKE A WINDOW. SO I CAN'T ANY, CAN HE WORK WITH THAT? SURE. IT'S STILL, IT'S UP TO THE BOARD. BUT LET'S KEEP DISCUSSING. I THINK MS. ION HAS A COMMENT. GO AHEAD SIR. YEAH. TO THE COMMON IN THE WINDOW AGAIN, THAT HEDGE IS HOW MANY FEET AND THE TOP OF THE ROOF IS HOW MANY FEET? YEP. AND THE HEDGE IS I THINK JUST OVER AT 10 FEET. AND THE TOP OF THE ROOF THERE IS HOW MANY FEET? NO, NO, THAT'S 20 FEET. NO, IT'S 15, RIGHT? 15, 15 FEET. HOW MUCH SPACE IS THERE BETWEEN THAT HEDGE BELONGS TO THE PROPERTY? YES. SO HOW MUCH SPACE IS THERE? BECAUSE YOU SAID THERE'S A THREE FOOT VARIANCE THAT HEDGE HAS TO TAKE UP SOME FEET. SO HOW MUCH SPACE IS THERE BY, FROM THE END, THE SIDE OF THE HEDGE TO THE SIDE OF THE WALL AT, AT MOST TWO FEET. 'CAUSE THE VARIANCE IS THREE FEET, BUT THREE FEET FROM THE PROPERTY LINE. THE, THE SETBACK IS THREE FEET FROM THE PROPERTY LINE, CORRECT? RIGHT. BUT THAT HEDGE, I'M GONNA GUESS PROBABLY TAKES TWO FEET. SO YOU MIGHT HAVE A ONE FOOT BETWEEN THE HEDGE, RIGHT? THE WALL. I, I SAID IT MOST FEET, SOMEWHERE BETWEEN ONE AND TWO FEET. OH YEAH, YOUR HEDGE WHOSE HEDGES? THEY'RE SAYING THAT IT'S THEIR HEDGE. SO YOUR HEDGE. YEAH. SO I JUST AS A, THERE'S HEDGING ON BOTH SIDES, BUT YEAH, IT GOES INTO OUR SIDE TOO. BUT WHERE'S THE CBS WALLS ON YOUR PROPERTY OR, OR, OR THE OTHER PROPERTY? RIGHT. IT'S IT'S AN IT'S IN OURS. HUH? IT'S IN OURS. YOURS, YEAH. ALRIGHT, LET'S LET MR. DIONE FINISH AND IF YOU WANT ANOTHER COMMENT. SO ANOTHER THOUGHT GOING ONTO THE SUGGESTION THAT WAS ASKED, ASKED REGARDING A WINDOW, THERE MIGHT BE THE IDEA OF HAVING A THIN, UH, HORIZONTAL WINDOW THAT'S MAYBE LIKE SIX INCHES THAT RUNS ALONG THE TOP JUST FOR LIGHT PURPOSES INTO THE GARAGE. THAT MIGHT BE SOMETHING THAT MAYBE THEY DIDN'T THINK ABOUT THAT COULD GIVE A LITTLE APPEAL FROM THE SIDE. AND AT THE SAME TIME GIVES SOME LIGHT, NATURAL LIGHT INTO THAT GARAGE, WHICH IT WON'T BE SORT OF LIKE A, LIKE DETRIMENTS SINCE IT'S A THIN WINDOW JUST FOR LIGHT PURPOSES AND IT'LL GIVES SOME AESTHETIC TO THE OUTSIDE. THAT'S JUST A THOUGHT. MY OTHER QUESTION WAS, ARE THEY INSTALLING, UM, ELECTRICAL INTO THE GARAGE FOR CHARGERS IN THE FUTURE? I, I'M NOT AWARE OF THAT. I'M JUST SAYING BECAUSE IF THEY ARE, I'M, I IMAGINE THAT THERE SHOULD, SHOULD PROBABLY BE SOME ELECTRICAL PLANS FOR CHARGING STATIONS IN, IN THAT SPACE. MY UNDERSTANDING IS CURRENTLY THEY'RE, THE, THE CARS DON'T REQUIRE ELECTRIC CHARGER. I DON'T THINK THAT'S PART OF THIS PLAN. GOT IT. I I WOULD PROBABLY RECOMMEND THEM THAT EVEN THOUGH THEY DON'T HAVE IT, IF THEY'RE DOING THE BUILD OUTS, THEY MIGHT AS WELL ADD THE ELECTRICAL FOR A LEVEL TWO CHARGING STATION OR SOMETHING LIKE THAT. BECAUSE COME DOWN THE LINE, VERY NEAR FUTURE, THEY'RE PROBABLY GONNA HAVE ONE. AND IF THEY'RE GOING THROUGH THE EFFORT OF BUILDING IT OUT, THEY SHOULD DEFINITELY CONSIDER ADDING A, UM, ELECTRICAL FOR THE FUTURE. JUST A SUGGESTION. I, AND I APPRECIATE IT NOW WE'LL DEFINITELY SHARE THAT WITH THEM. ONE, ONE THING I WAS, I'M JUST THINKING OUT LOUD IS, UH, TO MR. SILVER'S CONCERN AND, AND, AND MR. CIO AND I, I AGREE WITH, WITH WHAT YOU'RE SAYING, I THINK WE'RE ALL JUST WANT SOME FENESTRATION, SOME ACTIVATION OF THAT WALL. CAN WE, FOR HOW'S COMFORTABLE A CONDITION WHERE WE, WE WILL WORK WITH STAFF AND THE ARCHITECT TO PROVIDE SOME FENESTRATION IF, IF POSSIBLE, JUST SO THERE'S NOT, YOU KNOW, SOMETHING SO BLACK AND WHITE THAT IF IT CAN'T BE ACHIEVED, WE HAVE A PROBLEM. YEAH. SUBJECT TO THE REVIEW AND APPROVAL OF STAFF, THE, UH, THE APPLICANT WILL WORK, UH, TO IMPROVE THE FENESTRATION OF THE, OF THE, UH, SOUTH FACADE. YEAH. YOU KNOW, I'M LOOKING AT THE PICTURE I TOOK WHEN I WENT OUT AND DID THE SITE VISIT. THERE'S ACTUALLY, THESE TREES ARE REALLY TALL. THERE'S 1, 2, 3, 4, IT'S LIKE FOUR LARGE TREES. I'M LOOKING AT MY PICTURE WHEN I, WHEN I DID THE SITE VISIT. I MEAN, THOSE ARE, THOSE ARE WELL IN EXCESS OF THE HEIGHT OF THE ROOF AND EVERYTHING. AND I WOULD ASSUME, I MEAN, BLOCK OUT MO YOU KNOW, MOST OF THE STUFF, I MEAN, MY COMMENT IS, YOU KNOW, AND I APPRECIATE THE BOARD MEMBERS' COMMENTS AND, AND, AND AGAIN, YOU KNOW, PICTURES DON'T DO IT JUSTICE. THAT'S WHY I GO OUT AND I LOOK AT THESE SITES AND I LITERALLY GET OUTTA MY CAR AND I LOOK AT IT AND I UNDERSTAND YOUR COMMENTS, APPRECIATE IT. BUT I, I, I DON'T THINK WE SHOULD MAKE THE APPLICANT DO SOMETHING THAT THEY DON'T NEED TO DO. THEIR NEIGHBOR DOESN'T WANT THEM TO DO. IF THEY DON'T WANT LIGHT IN THE GARAGE, THEY DON'T WANT LIGHT IN THE GARAGE. IT'S, IT'S VERY NARROW. AND I THINK, YOU KNOW, ASKING THEM TO DO THAT BECAUSE YOU FEEL THERE SHOULD BE LIGHT. WELL THAT'S THEIR OPTION. WELL, THEY'RE NOT, THEY, THEY WANT LIGHT. AND ALSO IN THE ELECTRICAL STATIONS THAT THEY DON'T HAVE ANY ELECTRIC CARS NOW, YOU KNOW, THEY CAN ALWAYS ADD IT. IT'S REALLY NOT THAT COMPLICATED TO ADD A CHARGING STATION. SO I I DON'T THINK THAT THAT WOULD BE YEAH. WOULD BE A NEED. AND THAT, YOU KNOW, THAT, THAT, THAT'S MY COMMENT ON IT. UM, MR I JUST WANNA, WELL, HANG ON. MR. N I'LL COME TO YOU. I HAVE A QUESTION. IT'S NOT ABOUT PAINTING ANYTHING ON ANYTHING BUT UM, RE AND SERIOUS, SERIOUSLY REGARDING YOUR PICTURE YOU TOOK. YEAH. UM, YOU SAID THERE WAS TALL TREES. YEAH. AND A SERIOUS QUESTION. UM, I DON'T KNOW WHAT TYPE OF TREES THOSE ARE, BUT I'M, I'M PRESUMING YOU WOULDN'T BE ALLOWED TO JUST CUT THEM DOWN. UM, THAT'S CORRECT. I THINK THERE'S CERTAIN TREES THAT YOU HAVE THE CITY TO GET APPROVAL TO CUT DOWN THE CERTAIN WHOSE TREES ARE THOSE ARE, ARE THEY NEIGHBOR'S [00:45:01] TREES, REGARDLESS OF WHO OWNS THE TREES. YEAH. MY POINT IS, IS, YEAH, YOU CAN'T JUST GO AHEAD. I THINK IT'S LIKE ESSENTIALLY LIKE AGAINST A LOT OF JUST LIKE CUT DOWN THE TREES. SO THOSE TREES ARE GOING TO REMAIN THERE. UM, BUT FOR SOMEONE DOING IT ILLEGALLY OR GETTING CITY APPROVAL, IS THERE A PICTURE MS. MURROW OF, I MEAN, I I I CAN'T JUST TAKE MY PHONE AND PASS IT AROUND. THAT REALLY SHOWS THAT SIDE WHERE THE, THE TREES ARE. I MEAN, FOR ME TO PASS AROUND MY PHONE MAKES NO SENSE. YEAH. I MEAN, WELL I, I CAN WELL YOU CAN SEE, BUT YOU CAN'T REALLY SEE THIS. YOU REALLY CAN'T TELL, YOU CAN'T REALLY SEE. CAN, WE DIDN'T INCLUDE IT IN THE, I DIDN'T KNOW THIS WOULD BECOME AN ISSUE. I CAN SHARE THIS WITH YOU. I CAN JUST KIND OF WALK IT AROUND. YOU CAN KIND OF SEE HOW IT EXTENDS AS, AS MR. SAID, PRETTY FAR INTO WHERE THE ADDITION'S GONNA BE. THAT'S THE HEDGE. OH, OKAY. THAT'S, AND THEN THERE'S OKAY. YEAH, YEAH, YEAH, YEAH, YEAH, YEAH. ACCURATE. THAT'S NOT PART OF THE PRESENTATION THOUGH, RIGHT? MS. ION? NO. WAS THAT ZOOM ABLE? OKAY. YEAH. YEAH. IT COMES UP PRETTY YEAH, BUT MS. ION ACTUALLY HAS THAT HEDGE IS REAL. YEAH. THAT HEDGE IS, AND IT'S, IT'S, IT'S WELL MANICURED AND ALL THAT. I MEAN THAT, THAT'S, THEY CAN'T SEE ANYTHING. THE NEIGHBOR'S NOT GONNA BE ABLE TO SEE IF, IF JUST TO GET A, A MIDDLE GROUND HERE. 'CAUSE I WANNA MAKE SURE WE GET TO FIVE VOTES. CAN WE PUT A CONDITION WHERE WE'LL EXPLORE WITH STAFF? THAT WAY IF THE NEIGHBOR WANTS IT AND IT WORKS, NOTHING, THIS PLAN IS NOT, WE'RE NOT TIED TO THIS. WE CAN ADD IT. I, I THINK IT'S THE GOOD IDEA. I JUST DON'T WANNA BE IN A POSITION WHERE WE'RE, WE'RE STUCK TO ONE THING THAT CAN'T BE DONE. BUT WE'RE HAPPY TO EXPLORE WITH YOUR STAFF AND THE ARCHITECT TO FIND SOME FENESTRATION. AND I THINK THERE MAY BE SOMETHING WE CAN DO. ABSOLUTELY. UH, MR. DAVIS. YEAH, I'M, I LIKE THE PROJECT GENERALLY, BUT I THINK MR. SILVERS MAKES A GREAT, UH, POINT. I ASKING MR. MADDEN, ARE THERE ANY OTHER EXAMPLES OF A, YOU KNOW, TWO STORY RESIDENTIAL GARAGE LIKE THIS AND WHAT THEY DID ON THE SECOND FLOOR WITHIN THE CITY THAT YOU'RE AWARE OF? UM, I CAN'T THINK OF A CASE OFF THE TOP OF MY HEAD WHERE, WHERE WE ISSUED A VARIANCE LIKE THIS FOR A, FOR A GARAGE. UM, SO CLOSE TO THE SIDE YARD SETBACK. GENERALLY WHEN YOU'RE, WHEN YOU'RE BUILDING A NEW HOME, WE HAVE A REQUIREMENT THAT IF A ASAD IS GREATER THAN SIX A TWO STORY ELEVATION IS GREATER THAN 60 FEET IN DEPTH. WE DO REQUIRE YOU TO HAVE A, AN OPEN COURT IN THE, IN THE DESIGN TO, IN ORDER TO MINIMIZE FEET, UM, THAT FLAT WALL LOOK. UM, SO THAT IS A CODE REQUIREMENT THAT WE WOULD ENFORCE ON, ON NEW DEVELOPMENT. UH, BUT IF THE LENGTH IS LESS THAN 60 FEET, WE WOULD NOT, WE WOULD NOT IMPOSE A REQUIREMENT FOR ANY SORT OF FENESTRATION LIKE THAT. BUT AGAIN, IT'S IN, AND THE EXAMPLE WAS OBVIOUSLY A GOOD ONE BEING THE, I THINK IT WAS CALLED THE SPITE WALL BETWEEN THE MUFFS FAMILY AND, MM-HMM. WEST AND THE . YEAH. BIG SUPREME COURT CASE ON THAT. YES. YEAH. BUT WE'RE AWARE OF IT. BUT THE, BUT THE, UH, SAME THING THOUGH. WITHIN THE CITY OF MIAMI BEACH, HOW MANY SECOND FLOOR GARAGES WITH A DOES A, A BLANK WALL LIKE THAT? ARE THERE? I CAN'T THINK OF ANY. MOST, MOST GARAGES ARE DON'T GO UP TWO LEVELS, UH, THAT I'M AWARE OF. THIS IS, THIS IS A, THIS IS A RARE CONDITION. THE THE ONE CONDITION I WILL SIMILARITY IS I HAD A PROJECT THAT HAD TO GO TO DRB FOR 1415 MARSE BECAUSE IT WAS SUBJECT OF A LOT SPLIT. AND THERE WE SHOWED A WINDOW ON THE SECOND LEVEL. IT WASN'T A GARAGE, BUT IT WAS SECOND LEVEL OF HOME. THE NEIGHBOR CAME TO THE HEARING AND OBJECTED, ASKED US TO REMOVE THE WINDOW BECAUSE PRIVACY CONCERNS. SO WE ACTUALLY HAD TO MODIFY IT. THAT'S WHY I'M SENSITIVE TO THAT. AND KNOWING THAT WE SHOWED SOMEONE THE PLAN AND HE AGREED TO IT, I JUST DON'T WANNA BE STUCK. THAT'S MY ONLY CONCERN MR. ION. YEAH. AND IN THIS PARTICULAR CASE, THERE'S NOBODY THAT WOULD BE LOOKING OUT THAT WINDOW JUST BECAUSE OBVIOUSLY IT'S A CAR THAT'S IN THE SECOND LEVEL. AND SO MY THOUGHT WAS SOMETHING LIKE THIS SORT OF LIKE THIS KIND OF A WINDOW THAT GOES THE GARAGE KIND OF A THING IS WHAT I WAS SAYING. AND JUST OUTTA CURIOSITY, IS THERE ANY REQUIREMENT THAT THEY MUST HAVE THAT HEDGE CUT BACK A CERTAIN NUMBER OF, OF, OF FEET TO HAVE THE SEPARATION, SORT OF AN EASEMENT OR, UH, YOU KNOW, HAVE ACCESS ON THE SIDE BETWEEN THE WALL AND THE HEDGE? IS THAT A NECESSITY OR NO? I DON'T BELIEVE SO. UM, SO IF THERE IS WOULD BE LIKE, COULD GROW RIGHT ONTO THE WALL AND IT WOULDN'T BE A PROBLEM. YEAH, UNLESS, UNLESS THERE'S A FIRE CODE REQUIREMENT AT WHICH I DON'T BELIEVE THERE IS. THAT'S SORT OF WHERE I WAS GOING TO TOO OUTTA CURIOSITY TO ACCESS THE REAR, UH, UH, THERE'S NO PLANNING REQUIREMENT FOR THAT TO HAPPEN. UM, I'D HAVE TO REACH OUT TO THE FIRE DEPARTMENT TO SEE IF THEY HAVE ANY SENSE. SO MY COMMENTS WERE NOT, UM, SUBJECT TO GIVING THIS AN APPROVAL. MY COMMENTS WERE MORE OF A RECOMMENDATION TO THE OWNER. OBVIOUSLY IT'S THEIR HOME, BUT I, I THINK THAT HAVING SORT OF LIKE A, A THIN LIGHT TO GO INTO THERE AND ADDING TWO 20 VOLTS INTO THAT GARAGE FOR A CHARGE IN THE FUTURE IS HIGHLY. DO YOU RECOMMEND IT? AGAIN, NOT SUBJECT TO MY APPROVAL OR NOT. OKAY. THANK YOU. ANY OTHER COMMENTS? YEAH, NO. MS. SILVERMAN, HOW WOULD YOU ACCESS, IF THE HEDGE THE POINT, IF THE HEDGE GREW TO THE WALL, HOW WOULD YOU ACCESS THE BACK OF THE HOME? YOU, THERE'S, YOU'D HAVE TO GO THROUGH THE HOME, RIGHT? 'CAUSE THE OTHER SIDE IS ALSO BLOCKED. WELL, I THINK THEY'RE GOING, THEY HAVE LANDSCAPE. THEY'RE GONNA CUT THE HEDGE. I MEAN, I, IT CAN GROW AND IT OBVIOUSLY IS, IS ROBUST, BUT THEY OBVIOUSLY WILL BE MAINTAINING IT SO THEY CAN ACCESS THE HOUSE. I DON'T THINK THEIR, THEIR GOAL IS TO COMPLETELY BLACK IT OUT. YEP. [00:50:03] MS. S TO ANSWER YOUR QUESTION? YES. YOU GOOD? OKAY. IF THERE'S NO MORE QUESTIONS, I'LL ENTERTAIN A MOTION. ANY MOTION? I'LL MAKE A MOTION. MOTION TO APPROVE. APPROVE WITH AN AMENDMENT THAT, UH, THEY INCORPORATE THE WINDOW TREATMENT ON THE, UH, SECOND LEVEL OF THE, THE GARAGE ON THE SIDE ELEVATION. CAN WE LIKE DROP ALL THAT OR SOMETHING LIKE THAT? 'CAUSE WHAT'S THAT? BECAUSE THAT, THAT, THAT, THAT MOTION IS TO REQUIRE, I MEAN, THAT WOULD NOT SECOND IT'S MY MOTION. OKAY. IF THERE'S NO SECOND, THEN IT, IF THERE'S NO SECOND, IT'S GONNA DIE. UM, OKAY. WE HAVE A MS. MARROW A FRIENDLY SUGGESTION. I STILL THINK IT'S A GOOD IDEA. SO IF WE CAN, JUST SO THAT WE'RE NOT STUCK TO THIS WITHOUT IT, WOULD YOU BE OKAY WITH IT? AND I, AND I'M HAPPY TO PROPOSE IN A MOTION WHERE APPLICANT WILL EXPLORE WITH STAFF IF FEASIBLE TO ADD WINDOW OR OTHER ADMINISTRATION. WELL, I THINK MR. SILVERS IS MAKING A REQUIREMENT IN THE MOTION. SO LET'S TACKLE THAT FIRST. UM, WHICH I DON'T AGREE WITH BY THE WAY. I DON'T AGREE WITH HIM. SO, UM, WE'LL SEE IF WE HAVE A SECOND. IF NOT, IT WILL DIE. IF IT DIES, WE CAN MOVE AGAIN SEPARATELY. WELL, THEN THERE WOULD BE A NEW MOTION. YEAH. SO WE HAVE A MOTION, UH, BY MR. SILVERS. DO WE HAVE A SECOND? SEEING NO SECOND, UH, THAT MOTION DIES. UM, I'LL ENTERTAIN ANY ADDITIONAL MOTIONS AND I, I CANNOT MAKE A MOTION. I'LL MAKE A MOTION THAT WE APPROVE THE, UH, PROJECT AS PROPOSED WITH THE, UH, REQUEST THAT, UH, THE APPLICANT WORK WITH, UH, STAFF TO EXPLORE THE OPTION OF INSTALLING A WINDOW ON THE SECOND FLOOR. SO JUST TO CONFIRM, THAT WOULD OUR WINDOW, THAT WOULD NOT MAKE IT A REQUIREMENT. THAT WOULD BE TO EXPLORE, CORRECT. MR. DAVIS? CORRECT. OKAY. SECOND. OKAY. SECOND BY MR. ION. AND JUST I WANT TO CLEAR DISCUSSION. YEAH, I WANT CLARIFICATION. IT'S A REQUIREMENT TO LOOK INTO IT. NOT A REQUIREMENT TO DO IT. IS THAT RECOMMENDATION? REMEMBER, THAT'S WHY I CLARIFY RECOMMENDATION. I KNOW I DID, BUT I RECOMMENDATION. ABSOLUTELY. SOMETIMES IT TAKES ME. OKAY. OKAY. SO WE HAVE A MOTION, A FIRST AND A SECOND. ALL IN FAVOR? AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEE, THEY, THEY, THEY SAVED EVERYTHING FOR THE THIRD ONE TO GIVE YOU A HARD TIME . I APPRECIATE IT. KEEP ME ON MY TOES. THANK YOU SO MUCH. THANK YOU VERY MUCH. CONGRATULATIONS TO THE PULLMANS. OKAY. THANK YOU. WONDERFUL WEEKEND. THANK YOU. HAVE A GREAT WEEKEND. I'D LIKE TO, OH WAIT, HANG ON. WE'RE NOT DONE. SIT DOWN GUYS. I, I DID NOT, I DID NOT CLOSE THE MEETING. MR. VICE CHAIR. I DID NOT CLOSE THE MEETING. OKAY. WE'RE STILL, WE'RE STILL ON. JUST WANT, EXCUSE ME GUYS. SO, UM, OUR MEETING IN DECEMBER, WE ONLY HAVE [OTHER BUSINESS] ONE ITEM AND I UNDERSTAND WE MAY HAVE SOME ISSUES WITH A QUORUM. UM, SO, UM, I THINK A COUPLE BOARD MEMBERS HAVE ALREADY SAID THEY MAY NOT BE ABLE TO BE HERE. SO I WOULD RECOMMEND MR. MADDEN THAT, YOU KNOW, I TALK TO THE APPLICANT AND SAY WE MAY NOT HAVE A QUORUM. OKAY. UH, DECEMBER'S KIND OF A TOUGH MONTH. A LOT OF PEOPLE ARE TRAVELING, SO IF YOU CAN JUST MAKE A RECOMMENDATION TO THEM THAT, YOU KNOW, WE WOULD SUGGEST MAYBE, UM, MOVING IT, MOVING IT TO THE JANUARY, THE JANUARY 8TH MEETING, MEETING, MEETING. OKAY. THAT, THAT WOULD BE GREAT. IF YOU ALL AGREE. UM, AND ANY GOOD AND WELFARE. SO THE JANUARY MEETING IS JANUARY 8TH? YEAH. SO JANUARY MEETING IS JANUARY 8TH? YES, THAT IS CORRECT. AND THEN THE FEBRUARY MEETING, WHEN'S THE FEBRUARY MEETING? SEVENTH. I'LL, I'LL, AFTER THIS MEETING, I'LL, I'LL, WE'LL UPDATE THE CALENDAR TO, TO, SO THAT IT SHOWS JANUARY 8TH AND I'LL SEND OUT A, A CALENDAR TO THE BOARD OF THE NEXT YEAR'S MEETINGS. YEAH. AND, AND WE APPRECIATE YOUR PATIENCE WITH, YOU KNOW, WE THOUGHT THIS WAS GONNA BE A LONG MEETING WITH, WITH THE TWO, UM, APPEALS. UNFORTUNATELY IT'S SOMETHING THE CITY, YOU KNOW, STAFF CAN'T CONTROL. SO, UM, SO WE APPRECIATE THE PATIENCE. OKAY. WITH THAT BEING SAID, MOTION TO CLOSE THE MEETING. OKAY. YOU ALL HAVE A GREAT DAY. HAVE A GREAT WEEKEND. THANK YOU SO MUCH. AWESOME. OKAY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.