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[ATTENDANCE]

[00:00:02]

GOOD MORNING, EVERYBODY.

UH, WE APOLOGIZE FOR THE DELAY.

WE HAD SOME TECHNICAL DIFFICULTIES.

UH, I WANNA WELCOME EVERYBODY TO THE JANUARY 8TH ZONING BOARD OF ADJUSTMENT MEETING.

I HOPE EVERYONE HAD A GREAT HOLIDAY, AND I WANNA WISH EVERYONE A HAPPY, HEALTHY, AND PROSPEROUS NEW YEAR AND A GREAT 2025.

UM, LET'S GO AHEAD AND, UH, WE HAVE A SHORT AGENDA.

WE HAVE ONE ITEM.

UH, LET'S START WITH TAKING ATTENDANCE.

UH, MR. MADDEN, CAN YOU DO THAT, PLEASE? ABSOLUTELY.

I'LL DO A DO A ROLL CALL.

UM, MR. GOLDBERG HERE.

MR. S YOUNG? HERE.

MR. DAVIS? HERE.

MR. RENICK? YEP.

MR. NR PRESENT.

MS. SILVERMAN? HERE.

MR. SILVERS IS ABSENT.

OKAY, SO, UH, SO WE DO HAVE A QUORUM.

WE DO HAVE A QUORUM.

SO, SO WE'RE GOOD TO GO.

SO,

[4. Election of a Chair and a Vice-Chair]

UM, FOR THE NEW BOARD MEMBERS, UH, FIRST THING WE DO ON A JANUARY MEETING IS WE APPOINT A CHAIR AND A VICE CHAIR.

UH, WITH THAT BEING SAID, THAT'S NEXT ON THE AGENDA, SO I'LL ENTERTAIN ANY MOTIONS FOR A NOMINATION FOR CHAIR.

DON'T BE SHY.

NOMINATE, UH, MR. MICHAEL BERG.

OKAY.

I APPRECIATE THAT.

FOR CHAIR, WE HAVE A NOMINATION.

I SECOND IT BY MYSELF, UM, BY MR. CRANNICK.

SECOND BY MS. SILVERMAN.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? THANK YOU TEAM.

APPRECIATE THE SUPPORT.

I'M LOOKING FORWARD TO THE NEXT YEAR.

THIS IS MY LAST YEAR.

THEN I'M TERMED DOWN AND I'VE REALLY ENJOYED THE LAST SIX YEARS ON THIS BOARD, SO THANK YOU FOR THE VOTE OF CONFIDENCE.

I APPRECIATE IT.

WITH THAT BEING SAID, THE NEXT ITEM IS TO APPOINT A VICE CHAIR, OR, UH, AS I WOULD CALL IT, MY WINGMAN IN CASE I'M NOT HERE, WHICH VERY RARELY HAPPENS.

UH, MR. ION HAS DONE A GREAT JOB AT DOING THAT.

I'VE ENJOYED IT.

I'VE ENJOYED IT.

UM, SO ANY NOMINATIONS FOR A VICE CHAIR NOMINATE MR. SEO? NO, HE'S TERMED OUT.

HE'S TERMED OUT.

HE'S TERMED OUT.

THANK YOU.

HE'S TERMED OUT.

AM I ALLOWED TO? THE CHAIR CAN'T NOMINATE.

RIGHT? OKAY.

PASS THE GAVEL.

YEAH, I GUESS, HUH? IF YOU WANNA PASS THE GAVEL TO THE, TO THE NEXT, UH, I'LL PASS THE GAVEL TO MR. TO, TO MR. ION FOR A MINUTE.

MM-HMM .

UM, AND I'D LIKE TO NOMINATE STEVE DAVIS AS A VICE CHAIR.

OKAY.

WAIT, GOTTA GET A SECOND.

I'LL SECOND.

OKAY.

WE GOT A SECOND BY MR. RENICK.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? CONGRATULATIONS.

LITTLE BLINDSIDE.

COME ON.

LISTEN, YOU KNOW, YOU'VE GOT TWO OR THREE MEETINGS UNDER YOUR BELT.

IT'S NOT THAT HARD.

TRUST ME.

YOU CAN DO IT.

UH, SO WE APPRECIATE THAT.

OKAY.

MOVING ON.

UH, MR. UH, CITY ATTORNEY, DO WE HAVE ANY UPDATES? AND IF YOU WANT TO GO AHEAD AND SWEAR IN THE PUBLIC THAT'S HERE, AND, UM, WHEN WE HAVE SOMEONE ON ZOOM, WE'LL GO AHEAD AND HAVE YOU SWEAR THEM IN IF THERE'S ANYBODY ON ZOOM WHEN WE HAVE PUBLIC COMMENT OR ANYBODY PRESENTING ON ZOOM.

PERFECT.

THANK YOU.

UH, NO UPDATES.

SO, UM, WITH THAT, UH, GOOD MORNING.

ALL.

TODAY'S

[SWEARING IN OF PUBLIC]

MEETING OF THE BOARD OF ADJUSTMENT HAS BEEN SCHEDULED IN A HYBRID FORMAT WITH A 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 ZOOM 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 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 RAISE, MUST CLICK THE RAISE HA HAND ICON IF THEY ARE USING THE ZOOM APP, OR DIAL STAR NINE IF THEY ARE PARTICIPATING BY PHONE.

BEFORE I SWEAR IN THOSE THAT ARE TESTIFYING TODAY, I'M GOING TO READ INTO THE RECORD AND REMIND ALL OF THE CITY'S NOTICE REGARDING LO 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 TO THE BOARD.

YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON BEHALF OF YOURSELF 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 ARE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS EITHER SUPPORT OR OPPOSITION OF 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 PRINCIPLE ON WHOSE BEHALF THEY ARE COMMUNICATING.

IF YOU ARE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR 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.

UH, FOR THOSE THAT ARE TESTIFYING TODAY, IF YOU COULD PLEASE STAND AND RAISE YOUR RIGHT HAND.

[00:05:04]

OKAY.

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.

AND MR. CHAIR, AS YOU INDICATED, I'LL BE SWEARING THOSE, UM, VIRTUALLY AS THEY APPEAR ON THE SCREEN.

UH, SO WITH THAT, I'LL TURN IT BACK TO YOU, MR. CHAIR.

THANK YOU SO MUCH, MR. STATE ATTORNEY.

UM, DO WE HAVE ANY DISCUSSION ITEMS MR. MADDEN? WE HAVE NO DISCUSSION ITEMS. OKAY.

IN YOUR PACKAGE THAT WAS SENT

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

OUT, UH, YOU HAD THE MINUTES FROM OUR LAST MEETING.

WAS THAT NOVEMBER 1ST? WE DIDN'T HAVE A MEETING THIS TIME.

RIGHT? NOVEMBER 1ST.

UH, NOVEMBER 1ST.

HOPEFULLY YOU HAD AN OPPORTUNITY TO REVIEW THOSE MINUTES.

UM, JUST WANNA MAKE SURE IF, UH, AND ENTERTAIN IF THERE'S ANY CORRECTIONS, UM, OR CHANGES.

IF NOT, I'LL ENTERTAIN A MOTION TO APPROVE THOSE MINUTES.

MOVE TO APPROVE.

OKAY.

UM, MOVE BY MR. DAVIS.

SECOND.

SECOND.

SECOND BY MR. CRANNICK.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? GREAT.

THANK YOU.

UH, DO WE HAVE ANY REQUESTS FOR CONTINUANCE, UH, OR WITHDRAWALS? I BELIEVE WE, WE ACTUALLY DO MR. BADDEN, SO WE'RE GONNA HAVE A REQUEST FOR

[2. ZBA22-0143, 125-153 Collins Ave.  ]

A CONTINUANCE ON ZBA 2 2 0 1 4 3 1 2 5 1 5 3 COLLINS AVENUE.

UH, COULD YOU GO AHEAD AND, UH, TEE THAT ONE UP PLEASE? MR. MADDEN? YES, THE, THE APPLICANTS HAVE REQUESTED A CONTINUANCE TO THE MARCH 7TH, 2025 MEETING.

UM, THEY'VE, THEY'VE REQUESTED THEY, THEY, WELL, THEY'RE HERE.

IF THEY, IF THEY DESCRIBE, DID YOU, DO YOU WANNA GO AHEAD AND ADDRESS, UH, THE POINT? UH, SURE.

I DIDN'T MEAN TO INTERRUPT.

I WAS JUST GONNA ADJUST.

NO, NO.

AND ACTUALLY WE SHOULD HAVE, YEAH, YOU WANNA HAVE THEM ADDRESS IF, IF THEY, IF THEY'D LIKE, THEY CAN, THEY CAN ADDRESS IF THEY HAVE ANY ISSUES, BUT THEY, THEY'VE REQUESTED A CONTINUANCE, UM, TO SEE IF THEY CAN WORK OUT SOME ISSUES ON THEIR OWN.

AND, AND, UH, STAFF IS, IS IS OKAY WITH THAT, UH, WITH THAT MOVE TO CONTINUE TO THE MARCH 7TH MEETING.

GOOD MORNING, MR. CHAIR, MR. VICE CHAIR.

CONGRATULATIONS TO YOU BOTH.

JEFF BASS IS MY NAME.

I'M HERE ON BEHALF OF ONE OF THE PARTIES JOINED BY TRACY SLAVIN.

WE, TRACY AND I HAVE KNOWN EACH OTHER FOR A LONG TIME.

UH, WE'VE BEEN WORKING VERY HARD TO SOLVE, WHAT I'LL SAY IS A VERY COMPLICATED ISSUE, UM, LOCALIZED BUT COMPLICATED.

AND THERE ARE, THERE ARE COMPLICATED SOLUTION PATHS THAT JUST TAKE SOME TIME.

UM, AND, AND SPEAKING TO TRACY, WE'D PREVIOUSLY ASKED FOR THE MARCH DATE, BUT WE WOULD ASK APRIL BECAUSE OF SOME TRAVEL THAT WAS SCHEDULED ON THAT MARCH DATE.

SO WE HOPE TO TAKE THIS OFF YOUR AGENDA BY, BY RESOLVING IT.

UH, WE JUST NEED A LITTLE MORE TIME TO TRY TO DO SO.

OKAY.

UM, DO, DO WE NEED TO, UH, DO A MOTION TO APPROVE THE CONTINUANCE? YES.

OKAY.

SO WITH THAT BEING SAID, THANK YOU, THANK YOU VERY MUCH FOR BEING HERE AND, AND MAKING THAT PRESENTATION.

UM, I ENTERTAIN A MOTION, UM, TO GO AHEAD AND CONTINUE THIS ITEM TO THE APRIL MEETING.

IT'S, IT'S APRIL 7TH.

WE DID GET WORD YESTERDAY.

THE C THE ONE OF THE COMMITTEES IS CONSIDERING, UM, TAKING THE DATE THAT WE HAD SCHEDULED.

SO WE MAY HAVE TO MOVE THE APRIL MEETING.

UM, WE'RE CONFIRMING THE DATE.

UM, SO I'LL REACH OUT TO THE BOARD MEMBERS ONCE THAT'S CONFIRMED.

BUT AS OF RIGHT NOW, IT'S THE APRIL 7TH MEETING.

OKAY.

PERFECT.

UM, I NEED A, NEED A MOTION.

MAKE A MOTION TO APPROVE THE MOTION BY MR. DAVIS.

SECOND, PLEASE.

SECOND.

SECOND.

I MISS THE SIAN.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? GREAT.

THANK YOU.

THANK YOU AGAIN FOR COMING.

HAVE A GREAT DAY.

UH, MOVING ON.

[3. ZBA24-0169, 41 La Gorce Circle]

UH, WE HAVE, UH, ONE APPLICATION, WHICH IS GOING TO BE ZBA 24 DASH OH 1 69 41 LEGGO CIRCLE.

UH, MR. MADDEN, TEE THAT UP FOR US PLEASE.

SURE.

UH, THIS APPLICATION HAS BEEN FILED REQUESTING A VARIANCE FOR THE MINIMUM REQUIRED FROM THE YARD SETBACKS IN ORDER TO CONSTRUCT APPAREL COURT FOR A PREVIOUSLY APPROVED SINGLE FAMILY HOME.

OKAY.

SO FOR SIR WAVE OF BACKGROUND, THIS PROJECT WAS APPROVED ON MAY 3RD, 2022 BY THE DESIGN REVIEW BOARD.

IT WENT TO THE DESIGN REVIEW BOARD BECAUSE IT CONTAINED A PRE 1942 SINGLE FAMILY HOME.

UH, THERE HAS SINCE BEEN A STATE PREEMPTION, SO THOSE HOMES ARE NO LONGER SUBJECT TO DRB REVIEW.

THEY'RE NOW REQUESTING A, A VARIANCE.

SO THE VARIANCE BE IS UNDER THE JURISDICTION OF THE, OF THE BOARD OF ADJUSTMENT BECAUSE OF THAT STATE PREEMPTION.

UM, THE APPLICANT, UM, IS REQUESTING, UH, VARIANCES OF THE FRONT YARD SETBACKS IN ORDER TO CONSTRUCT A PADDLE BALL COURT.

UM, THE LOT IS AN IRREGULARLY SHAPED LOT, SORT OF A TRIANGULAR SHAPED LOT.

UM, IT CONTAINS AN IRREGULAR YARD.

WHERE ARE THE FRONT YARDS ARE ESSENTIALLY IN PRACTICALITY, THE SIDE YARD OF THE HOME.

AND SO THE APPLICANT IS REQUESTING A VARIANCE TO MOVE THOSE FRONT YARD SETBACKS, UM, SO THAT THEY CAN CONSTRUCT A, A PADEL BALL COURT.

UM, THE REQUIRED FRONT YARD SETBACK IS THE TWO STORY HOME OR 30 FEET.

UM, THEY'RE REQUESTING THAT THAT SETBACK BE REDUCED TO 10 FEET, SEVEN AND A HALF INCHES.

UM, SO THAT THE COURT CAN FIT IN, UM, STAFF, UM, IS, IS NOT OPPOSED TO THE VARIANCE GIVEN THAT THE, UM, THE LOT IS IRREGULARLY SHAPED.

THIS IS FUNCTIONALLY THEIR, THEIR THEIR SIDE YARD.

IT'S REALLY NOT THE FRONT YARD OF THE HOME.

UM, UH, AND SO STAFF IS NOT OPPOSED.

UH, STAFF HAS RECEIVED SEVERAL LETTERS OF SUPPORT FROM, FROM VARIOUS NEIGHBORS, UM, FOR THE

[00:10:01]

REQUEST OF THE VARIANCE.

UM, SO STAFF DOES BELIEVE THAT THIS IS A PRACTICAL DIFFICULTY AND STAFF, UH, RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER.

OKAY.

UM, THANK YOU.

UM, BEFORE WE START, DO WE HAVE ANY DISCLOSURES ON THE DA? NO.

OKAY.

UM, WE'LL GO AHEAD AND TURN ON MR. LARKIN.

YOU'RE GONNA BE PRESENTING? YES, SIR.

OKAY.

10 MINUTES IS GOOD.

YES.

IF YOU NEED MORE, LET ME KNOW.

I WILL.

OKAY.

THANK YOU.

ALL RIGHT.

IT'S ALL YOU SO MUCH.

GOOD MORNING, MR. CHAIRMAN.

BOARD MEMBER STAFF MICHAEL LARKIN JOIN SOUTH ACA BOULEVARD HERE REPRESENTING THE APPLICANT.

CAN WE PULL UP THE PRESENTATION PLEASE? OKAY.

I'M JOINED HERE TODAY BY THE APPLICANT, RYAN HINMAN, KOBE CARPEN, TAYLOR SHI FROM CARB ARCHITECT, AND MY COLLEAGUE, UH, AND MY COLLEAGUE.

NEXT SLIDE PLEASE.

SO AS YOU CAN SEE, THERE IS, UH, ON THE WESTERN END OF LAGOS ISLAND.

IT IS EPITOMIZES THE IRREGULARLY SHAPED LOT THAT YOU READ ABOUT IN ALL THE VARIANCE CASE LAW.

NEXT SLIDE.

THE ZONING IS SIMPLE, IT'S SINGLE FAMILY ZONING WITH COMP PLAN, LAND USE DESIGNATION OF THE SAME.

NEXT SLIDE.

THIS IS WHAT RAHEL WAS TALKING ABOUT WITH REGARD TO THE EARLIER DRB APPROVAL.

NOTICE THAT 70% OF THE OF THE WHOLE LINEAR FRONTAGE OF THE PROPERTY IS CONSIDERED THE FRONT YARD.

THAT'S IMPORTANT FOR WHAT I'LL DESCRIBE A LITTLE BIT LATER.

NEXT SLIDE.

AS YOU'LL SEE, THE LOCATION OF THE PADDLE COURT IS ROUGHLY AT THE INTERSECTION OF LA GORE CIRCLE AND BREVITY LANE.

NEXT SLIDE.

THIS IS MORE OF A CLOSEUP OF THE PADDLE COURT.

NEXT SLIDE.

THIS IS THE VIEW FROM, UH, LAGO CIRCLE.

NEXT SLIDE.

THIS FROM INSIDE THE PROPERTY ON THE NORTHERN END.

NEXT SLIDE.

THIS IS FROM INSIDE THE PROPERTY LOOKING NORTH.

AS YOU CAN TELL, THERE'S A COPIOUS AMOUNT OF LANDSCAPING SURROUNDING THE PADDLE COURTS.

AND NO MATTER WHAT STREET YOU'RE WALKING ON, YOU WON'T BE ABLE TO PERCEIVE IT.

NEXT SLIDE.

THIS IS THE VIEW FROM LAGO CIRCLE ON BREVITY LANE.

LOOKING TOWARD THE PADDLE COURT, OF COURSE, IT'S OBSCURED FROM VIEW.

NEXT SLIDE.

THIS IS THE VARIANCE THAT ROGELIO WAS DESCRIBING TO YOU ALL, AND THE R IS TWO DISTRICT.

IT'S A 30 FOOT SETBACK FOR THE FRONT SETBACK FOR TWO STORY STRUCTURES, WHICH WE HAVE NEXT SLIDE.

AND AS BRIEFLY MENTIONED BEFORE, AS YOU CAN SEE WITH THE RED LINE, WHICH MAKES THIS SO UNUSUAL, THAT ALMOST ALL OF THE FRONTAGE OR EVERY LINEAL FOOT OF THE PROPERTY ADJACENT TO A RIGHT OF WAY IS ABOUT CONSIDERED THE FRONT YARD.

AND THE FRONT YARD IS THE MOST RESTRICTIVE SETBACK YOU CAN HAVE FOR A PROPERTY.

NEXT SLIDE.

SO THIS IS THE, WHAT I WAS GONNA SAY.

THE QUINTESSENTIAL CASE FOR THE CLASSIC HARDSHIP WHERE YOU HAVE A REGULARLY SHAPED PROPERTY DOES NOT FIT WITHIN CURRENT ZONING REGULATION, THEN THUS CREATES A HARDSHIP.

NEXT SLIDE.

SO WE'RE REQUESTING THE VARIANCE FROM THE 30 FOOT SETBACK, UH, TO ALLOW FOR THE CONSTRUCTION OF THE PE COURT AS LIO DESCRIBED.

UH, 10 FEET FROM THE PROPERTY LINE.

NEXT SLIDE.

AND I KNOW YOU ALL VALUE NEIGHBOR OUTREACH AND RYAN IS ONE OF THE MORE ENERGETIC CLIENTS AND HE'S GONE OUT AND GOT A TREMENDOUS AMOUNT OF SUPPORT FROM HIS NEIGHBORS.

THIS IS JUST A LIST.

I KNOW THESE FOLKS, BUT RYAN BEAT ME TO THEM AND HE GOT LETTERS OF SUPPORT FROM ALL OF THEM.

NEXT SLIDE.

YOU CAN SEE THIS AERIAL WHERE IMPORTANTLY WITH REGARD TO 5, 4, 3, 2, 1, AND SIX, THEY'RE IMMEDIATELY ADJACENT.

BUT RYAN, OF COURSE, HAS GOOD RELATIONSHIP WITH ALL HIS NEIGHBORS, INCLUDING THE PRESIDENT OF THIS HOA.

AND THEY HAVE WRITTEN LETTERS OF SUPPORT FOR THIS APPLICATION.

NEXT SLIDE.

AND THAT'S IT.

SO WE ARE HERE FOR YOUR QUESTIONS.

OKAY.

UM, BEFORE I, UM, HAND IT OVER TO THE BOARD, I'M GONNA OPEN UP FOR OPEN UP PUBLIC COMMENT.

DO WE HAVE ANYONE IN THE, HERE, IN THE CHAMBER OR ON ZOOM FOR QUESTIONS? THERE IS NOBODY ON ZOOM WITH THEIR HANDS RAISED.

OKAY.

WITH THAT BEING SAID, I'LL GO AHEAD AND CLOSE PUBLIC COMMENT AND OPEN IT UP FOR QUESTIONS FROM THE BOARD THROUGH THE CHAIR.

IF IT WAS A SIDE YARD, WHAT WOULD THE SETBACK BE? SIDE YARDS, INTERIOR SIDE YARDS ARE GENERALLY A MINIMUM OF 10 FEET.

IT DEPENDS UPON THE WIDTH OF THE PROPERTY.

THE LARGEST PROPERTIES, IT'S A PERCENTAGE, BUT MOST PROPERTIES DON'T EVEN GET TO THAT LEVEL.

IT'S USUALLY GONNA BE 10 FEET.

SO IF THIS WAS NOT A FRONTAGE AND IT WAS CONSIDERED THE SIDE OF THE PROPERTY, YOU'RE SAYING THIS WOULD NOT NEED A VARIANCE AT ALL? CORRECT.

OKAY.

THANK YOU.

YOU'RE WELCOME.

QUESTIONS? NO, MR. DAVIS, WERE THERE ANY I, FROM WHAT I SAW, THE PODELL COURT, FROM WHAT THE PICTURES, THERE'S NOT ANY LIGHTS ARE GONNA BE, BE, UH, UH, PRESENT.

THERE ARE LIGHTS.

UM, AND YOU BRING UP A GOOD POINT.

AS A PART OF WHEN THIS HAD A DRB APPROVAL, IT HAD A TENNIS COURT ASSOCIATED WITH IT.

AND OF COURSE WHAT YOU'RE THINKING IS IT COULD BE A NUISANCE TO THE NEIGHBORS IF THEY'RE KEPT ON TILL

[00:15:01]

MIDNIGHT 1:00 AM SO WHAT WAS AGREED UPON THEN WAS THAT THE LIGHTS WAS SHUT OFF AT 10:30 PM FOR THE TENNIS COURT AND FOR 7:30 AM YOU KNOW, THAT'S CAN BE LIT BEFORE 7:30 AM SO WE'RE HAPPY TO AGREE TO THAT SAME CONDITION FOR THE PADDLE COURT.

OKAY.

I KNOW MR. NER, MR. IAN, MR. LER, GO AHEAD.

YEAH, UM, THERE WAS A SLIDE.

THANKS FOR THE OUTREACH MM-HMM .

YEAH.

ALWAYS IMPORTANT.

THERE WAS A SLIDE THAT SHOWED A RED LINE AND THAT WAS TO INDICATE THE FRONTAGE.

MM-HMM .

WHAT, WHAT, HOW IS FRONTAGE DETERMINED? WHAT, WHAT MAKES THAT FRONTAGE AS OPPOSED TO SIDE YARD? WHAT'S THE DEFINITION? UM, BECAUSE IT, THE, THE, THE DEFINITION GENERALLY IT'S, IT'S THE NARROWER, UH, STREET FRONTAGE.

UM, OR AS DETERMINED BY THE PLANNING DIRECTOR IN THIS CASE, BECAUSE IT'S AN IRREGULAR LOT, IT'S A DETERMINATION THAT BECAUSE BOTH FRONTAGES ON, UM, UH, BOTH FRONTAGES ARE ROUGHLY EQUAL.

THAT BOTH WOULD ESSENTIALLY BE, UH, FRONT YARDS.

OKAY.

WHAT, SO MY UNDERSTANDING IS THAT THIS WAS, WAS THIS A TEAR DOWN AND THERE WAS A, A NEW PROPERTY? CORRECT.

IS THERE ANYTHING ABOUT THE WAY THAT THE NEW PROPERTY WAS DESIGNED AND BUILT AND PLACED ON THE PROPERTY THAT DID OR DID NOT OR COULD HAVE CONTRIBUTED TO? WHETHER OR NOT THIS PIECE OF, UM, THIS AREA WAS FRONTAGE VERSUS SIDE YARD? I BELIEVE THE, THE HOME THAT WAS BUILT FOLLOWED ESSENTIALLY THE SAME FRONTAGE AS THE PREVIOUS HOME THAT WAS THERE.

UM, I BOTH FRONTAGES ARE EQUAL.

I THINK IN BOTH SITUATIONS WE WOULD'VE COUNTED BOTH SIDES AS A, AS A, AS A FRONT YARD SETBACK.

I DON'T, I DON'T SEE ANY SITUATION WHERE YOU BOTH, IF I CAN INTERJECT, THIS WAS TWO HOUSES THAT WERE PURCHASED AND KNOCKED DOWN, RIGHT? MM-HMM .

SO I, I GUESS THE QUESTION WOULD BE HOW THOSE HOUSES WERE CONFIGURED AND THEY WERE PURCHASED AT THE SAME TIME, KNOCKED DOWN AT THE SAME TIME.

'CAUSE MM-HMM .

IT'S, IT'S A WHOLE NOTHER BALLGAME.

MM-HMM .

I, I WENT AND VISITED THE SITE YESTERDAY.

UM, YEAH.

AND IT, IT, IT, IT'S VERY DIFFERENT THAN HAVING A HOUSE, A HOUSE SEPARATE OWNERS AND SOMEONE BUYING BOTH AND KNOCKING IT DOWN.

THAT WOULD AFFECT WHAT THEY CAN BUILD.

YEAH.

THIS WAS, YOU KNOW, THIS LOOKS LIKE THE TIP OF A ROCKET.

THIS WAS, IT WAS PLATTED LIKE THIS AND THE OWNER TOOK NO ACTIONS TO AFFECT THE CONFIGURATION OF THE PROPERTY.

AND WHAT RA HELIO SAID IS TRUE IS USUALLY THE NARROWEST PORTION OF A STREET, AJA, THE NARROWEST PORTION OF A PROPERTY ADJACENT TO A RIGHT OF WAY IS THE FRONTAGE.

AND I'VE BEEN INVOLVED IN A SITUATION WHERE I'VE DOUBLE FRONTAGE, WHICH IS NOT WELCOME WHEN YOU HAVE A PROPERTY GO FROM ONE STREET TO THE OTHER.

UM, BUT THIS IS EVEN MORE UNUSUAL IN THAT 70% OF EVERY FOOT ADJACENT TO THE, TO THE RIGHT OF WAY IS CONSIDERED FRONTAGE.

SO IT'S THE CLASSIC CASE OF A HARDSHIP.

SO, AND THE QUESTION ISN'T JUST, I GUESS FOR THE RECORD MM-HMM .

THERE'S NOTHING THE OWNER DID IN THE DESIGNING AND THE PLACEMENT OF THE NEW PROPERTY, THE NEW HOUSE THAT CAUSED OR CONTRIBUTED TO THE NEED FOR A VARIANCE IN THIS SITUATION.

I, I, THE, UH, I GUESS THE AGGREGATION OF TWO LOTS, UM, POTENTIALLY COULD HAVE AFFECTED IT.

IF IT WAS, IF IT WAS HALF OF THAT LOT, YOU WOULD POTENTIALLY HAVE A NARROWER FRONTAGE ON ONE SIDE AND IT WOULD BE LONGER ON THE OTHER.

SO WE WOULD, WE WOULD HAVE TO DETERMINE, WE WOULD BE ABLE TO DETERMINE THAT ONE SIDE IS THE FRONT YARD AND THE OTHER SIDE IS THE, IS THE SIDE FACING A STREET YARD.

UM, BUT IN, BUT, BUT BECAUSE BOTH ARE ROUGHLY EQUAL, UM, BOTH ARE, BOTH ARE DETERMINED TO BE FRONT YARD SETBACKS.

THANK YOU.

ANY OTHER QUESTIONS OR COMMENTS? OKAY.

UM, I, I'LL MAKE A COMMENT.

I ALWAYS LIKE TO BE THE LAST ONE.

UM, I DID DRIVE THE SITE AND FOR THOSE OF YOU THAT DON'T, I MEAN, IT'S UP TO YOU.

I GO TO EVERY SITE.

'CAUSE PICTURES ARE ONE THING, WHEN YOU GET PLANS, YOU LOOK AT PICTURES.

BUT WHEN YOU ACTUALLY DRIVE THE SITE AND GO ON GORES ISLAND AND YOU DRIVE AROUND, IT'S AN AMAZING PROPERTY.

MM-HMM .

UM, YOU KNOW, THE INVESTMENT THAT THE OWNER'S PUTTING IN THERE IS SIGNIFICANT, YOU KNOW, AND WHAT, WHAT I ALWAYS LOOK AT AND, AND, AND, AND YOU HAD IT ACTUALLY, AND FOR SOME REASON IT WASN'T INCLUDING OUR PACKAGES, BUT IT WAS EMAILED OUT YESTERDAY.

YOU GOT LETTERS OF SUPPORT FROM JUST ABOUT EVERY SINGLE HOUSE THAT SURROUNDS THE PROPERTY.

MM-HMM .

UM, YOU KNOW, I SAW THE NORTH SIDE WHERE THE PADDLE BALL COURT IS GOING AND YOU KNOW, THE ONLY, IT'S NOT CONCERNED.

UM, I SAW THERE WERE SOME TREES PLANTED, BUT THEY WERE KIND OF SMALLER.

BUT I GUESS WITHIN A YEAR THEY'LL GROW UP AND THEY'LL, YOU KNOW, THEY'LL, THEY'LL GET LARGER.

YEAH.

THEY'LL BE ADDED.

COVER THAT UP.

YOU KNOW, I SAW THE TENNIS COURT HAD ALREADY BEEN DONE, WHICH WAS APPROVED THROUGH DESIGN REVIEW, WHICH MAY HAVE NEEDED A VARIANCE OR NOT.

I'M NOT SURE.

IT DOESN'T MATTER.

YOU GOT YOU, YOU DID WHAT, WHAT, WHAT YOU ALLOWED TO DO.

UM, BUT IT'S, IT'S A BEAUTIFUL PROPERTY, UM, AND A BIG INVESTMENT AND, UM, I, I DON'T SEE ANY ISSUE IN, IN SUPPORTING THIS.

GREAT.

THANK YOU SIR.

YEAH.

UH, ANY OTHER COMMENTS? NO, IT'S GONNA BE THE HOUSE NEXT DOOR.

IS IT ALSO OWNED BY THE SAME, THE HOUSE THAT'S BEING BUILT NEXT DOOR IN THE LOT NEXT DOOR.

31 LAGO.

IS

[00:20:01]

THAT THE SAME OWNERSHIP? YEAH.

THAT ABUTS THE 10.

THAT'S A GOOD QUESTION.

THAT ABUTS THE TENNIS COURT THAT ABUTS THE TENNIS COURT.

I SEE A HOUSE.

YEAH.

I NOTICED THAT A HOUSE IS BEING BUILT THERE ON THE, ON THE SOUTH SIDE.

RIGHT.

SAME TEAM OWNERS ON THE SOUTH SIDE.

NO BEAUTIFUL HOUSE.

BOTH, BOTH HOUSES ARE GONNA BE BEAUTIFUL ON THAT.

YEAH, THEY LOOK GREAT.

THANK YOU.

CONGRATS.

THANK YOU SO MUCH.

OKAY.

MOTION TO APPROVE.

OKAY.

WE GOT A MOTION BY MR. CRANNICK TO APPROVE THE VARIANCE AS PRESENTED.

SECOND, SECOND.

SECOND BY MR. DAVIS.

ALL IN FAVOR? AYE.

AYE.

AYE.

OPPOSED? CONGRATULATIONS.

AND, UH, GOOD LUCK.

THANK YOU SO MUCH TO THE OWNER IF HE'S WATCHING.

UM, THANK YOU FOR THE INVESTMENT IN MIAMI BEACH.

NICE DESIGN.

KOBE.

GOOD JOB.

YES, KOBE, KUDOS TO YOU.

KOBE.

KOBE, GREAT JOB, .

OKAY.

THANK YOU SO MUCH.

HAVE A GREAT DAY.

OKAY.

UM, SO COUPLE MORE THINGS.

UM, OUR NEXT MEETING IS SCHEDULED FOR FEBRUARY 8TH.

THAT, THAT WE MAY CANCEL THAT 'CAUSE THERE'S ONLY ONE ITEM.

SO WE'RE GONNA SEE IF WE CAN MOVE THAT TO THE MARCH.

UH, AND IF WE GO TO MARCH AND MR. UH, MR. MADDEN CAN CORRECT ME, WE WOULD PROBABLY HAVE TWO APPLICATIONS IN THE APPEAL, I BELIEVE.

CORRECT.

UM, I, I JUST RECEIVED WORD.

UM, IT'S, IT'S, I APOLOGIZE.

IT'S NOT THE APRIL MEETING THAT NEEDS TO BE CORRECTED.

IT'S THE JULY MEETING AND THE OCTOBER MEETING WHERE THE CHAMBERS ARE, ARE, ARE GONNA BE RESERVED.

UM, SO THE APRIL MEETING, UH, REMAINS APRIL, APRIL 4TH.

UM, SO THAT'S NOT, THAT'S NOT, SORRY, APRIL.

YEAH, APRIL 4TH.

SO THAT'S NOT CHANGING.

SO THE APRIL MEETING WILL BE APRIL 4TH.

UM, WE DID GET A REQUEST AND JEFF BASS AND TRACY SLAVENS CON CONFIRMED IF THE APPEAL THAT WE MOVED TO THE APRIL MEETING COULD BE MOVED TO THE MAY 2ND MEETING.

UM, SO I DON'T KNOW IF ANYBODY HAS ANY CONCERNS WITH THAT OR IF WE COULD GET A MOTION TO, TO, TO MOVE THAT MEETING, MOVE THAT ITEM TO THE MAY 2ND ME MEETING.

SO THAT HAPPENED AFTER THEY LEFT.

'CAUSE THEY SAID THAT HAPPENED AFTER THEY LEFT.

I JUST GOT A TEXT MESSAGE.

, THIS IS LIVE.

LIVE ACTION.

LIVE ACTION.

LIVE ACTION AND MOTION.

I LOVE IT.

THEY GOTTA LOVE IT.

I, I DON'T SEE AN ISSUE.

ANYONE, UH, WANT A MOTION TO GIVE A MOTION TO APPROVE THE MOVING THAT ITEM MOVE TO APPROVE MOVING IN MAY.

SECOND.

SECOND.

OKAY.

MOVE BY MR. DAVIS.

SECOND.

SECOND.

SECOND.

MR. CHRONIC.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? GREAT.

UM, LAST THING, UM, IS GOOD AND WELFARE.

UM, I, I'D LIKE TO TAKE A PERSONAL PRIVILEGE AND RECOGNIZE, UH, MR. IAN ANDRES, WHO I CONSIDER A FRIEND FOR HIS SERVICE HERE.

UM, YOU'VE DONE A GREAT JOB, UM, AND ALL YOUR INPUT WAS GREAT.

AND, UM, THIS WOULD BE HIS LAST MEETING AND I'M SURE WE WILL SEE HIM POP UP ON OTHER COMMITTEES OR OTHER HE'S OUT AND ABOUT, UH, YOU KNOW, IN THE COMMUNITY CHAMBER BOARD MEMBER PROUD TO SAY WITH ME.

SO I WANNA THANK YOU FOR, FOR YOUR SERVICE AND, UH, WE'RE GONNA MISS YOU UP HERE.

THANK YOU.

THANK YOU.

IT'S BEEN GREAT TO SERVE.

UH, LOOKING FORWARD TO DOING MORE THINGS TOGETHER.

OKAY.

UH, WITH THAT, UH, ANYONE ELSE HAVE ANYTHING ELSE BEFORE WE CLOSE MR. MADDEN? I JUST WANTED TO CLARIFY, UM, FOR MR. ION, THE, THE COMMISSION IS EXPECTED TO APPOINT MEMBERS AT THE FEBRUARY MEETING.

UM, IF THAT DOES NOT HAPPEN, UM, YOU ARE WELCOME TO ATTEND THE, THE FEBRUARY MEETING.

UM, SOUNDS GOOD.

SO IF, UH, IF IT DOESN'T HAPPEN, I'LL ATTEND IT.

IF IT HAPPENS, THEN , WE'LL LET YOU KNOW.

DOES, DOES THE CITY POST SO PEOPLE KNOW THAT THAT IS NOW AN OPEN POSITION? YES.

SO IF WE DON'T HAVE SOMEONE THAT APPLIES FOR IT BY THEN, MR. IAN CAN STAY ON FOR JUST, JUST ONE MORE IN FEBRUARY.

IT'S, UH, 60 DAYS.

OKAY.

SO, SO THE FEBRUARY MEETING YOU CAN STAY ON.

OKAY, PERFECT.

ALRIGHT.

SO, SO, SO KEEP THAT.

AND THAT'S THE ONLY POSITION, ACTUALLY THAT'S THE ONLY ONE WE KNOW WE COULD HAVE OPEN, BUT I BELIEVE WE HAVE SOME PEOPLE UP FOR REAPPOINTMENT.

MR. CRANNICK IS UP FOR REAPPOINTMENT? UM, THAT'S CORRECT.

HE'LL REAPPLY AND THEN SEE IN FEBRUARY MM-HMM .

AND THEY'LL COMMISSION WILL MAKE A DECISION IN FEB ON FEBRUARY.

THAT'S, THAT'S WHAT THE EXPECTATION THAT THEY'LL MAKE A DECISION IN FEBRUARY.

YES.

PERFECT.

OKAY.

ALRIGHT.

MOTION, UH, TO CLOSE THE MEETING.

ALRIGHT, DO IT MS. S HILLMAN.

YOU GOT IT.

GO JANET.

MOTION TO ADJOURN.

ALL RIGHT.

THANK YOU FOR COMING IN.

I KNOW IT WAS ONLY ONE ITEM, BUT IT IT WAS A GOOD ONE.

IT WAS A GREAT PROPERTY AND I APPRECIATE EVERYONE'S, UM, SUPPORT AND HAVE A GREAT DAY AND STAY WARM.

HANG OVER TO THE CHAMBER NOW I AM HEADING OVER TO THE CHAMBER WITH YOU, SIR.

.

OKAY.