[00:00:02]
GOOD MORNING EVERYBODY, AND WELCOME TO THE ZONING BOARD OF ADJUSTMENT MEETING ON FRIDAY, SEPTEMBER 12TH, 2025.
I HOPE EVERYONE HAD A GREAT SUMMER AND, UH, ARE GETTING BACK INTO THE ROUTINE OF THINGS.
UM, WE'VE GOT THREE ITEMS ON THE AGENDA TODAY,
[ATTENDANCE]
SO WHY DON'T WE GO AHEAD AND START WITH, UH, ATTENDANCE.MR. MADDEN, COULD YOU TAKE ROLE, PLEASE? ABSOLUTELY.
UH, WE'LL DO A ROLL CALL FOR ATTENDANCE.
SEVEN OF SEVEN MEMBERS ARE PRESENT.
[SWEARING IN OF PUBLIC]
YOU PLEASE, UM, TELL PEOPLE HOW THEY CAN PARTICIPATE VIA ZOOM AND, UM, THE SWEARING, AND THEN AFTER THAT, UM, GO AHEAD AND SWEAR IN THE PUBLIC THAT'S HERE.UM, ANYONE PARTICIPATING VIA ZOOM WILL GET SWORN IN AT THE TIME OF THE TESTIMONY.
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 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 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 GOING TO READ INTO THE RECORD THE CITY'S NOTICE, UH, REGARDING LOBBYIST REGISTRATION.
IF YOU'RE 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 ARE 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 WITH WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT OF OR OPPOSITION TO ANY ITEM.
EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS SHALL PRIOR TO APPEARING DISCLOSE IN WRITING TO THE CITY CLERK, THEIR NAME, ADDRESS, AND THE PRINCIPAL ON BEHALF WHO 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'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE.
SO AT THIS POINT, UH, ANYONE IN THE CHAMBERS THAT'S GONNA BE TESTIFYING, IF YOU COULD PLEASE RA, UH, STAND UP, 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? I DO.
THANK YOU, AND PLEASE BE SEATED.
AND, UH, WITH THAT, I'LL TURN IT BACK TO, UM, UH, MR. CHAIR.
UH, ANY, HEY, I'M ON LITTLE, LITTLE FLIP BY THERE.
UM, ANY DISCUSSION ITEMS MR. MADDEN? WE HAVE NO DISCUSSION ITEMS TODAY.
[1. After Action Report – July 30, 2025 ]
YOU HAD THE MINUTES FROM OUR JULY 30TH MEETING.HOPEFULLY YOU HAD A CHANCE TO LOOK OVER THOSE.
UM, I'LL ENTERTAIN ANY CORRECTIONS OR IF EVERYTHING WAS OKAY, I'LL ENTERTAIN A MOTION TO APPROVE THOSE MINUTES FROM JULY 30TH.
[2. ZBA25-0176, 50 East Di Lido Drive]
DO HAVE ONE REQUEST FOR A CONTINUANCE THAT'S GOING TO BE ZBA TWO FIVE DASH OH 1 76 50 EAST ALITO DRIVE.UH, ALEJANDRO, CAN YOU HELP US WITH THAT PLEASE? OH, NO, I'M SORRY.
THAT ONE I'M GOING STRAIGHT TO MR. MADDEN.
UM, SO THIS IS THE, THE APPLICANT HAS, HAS, UH, REALIZED THAT THEY NEED TO REVISE THE, UH, THE APPLICATION SOMEWHAT.
SO THEY'VE REQUESTED A CONTINUANCE TO THE NOVEMBER MEETING.
WE NEED A MOTION, UH, WE NEED A MOTION TO APPROVE THAT REQUEST.
AND, AND JUST TO CLARIFY, THAT WOULD BE THE NOVEMBER 7TH, UH, SEVENTH MEETING.
DO WE HAVE ANY PREVIOUSLY CONTINUED APPLICATIONS? WE HAVE NO PREVIOUSLY CONTINUED APPLICATIONS.
SO WITH THAT, WE'LL GET INTO OUR FIRST
[3. ZBA25-0184, 1725 Daytonia Road]
APPLICATION.UH, IT'S GONNA BE ZBA TWO FIVE DASH OH 180 4 1 7 2 5
[00:05:02]
DAYTONA ROAD.UM, ALEJANDRO, CAN YOU TAKE THAT PLEASE? THIS APPLICATION HAS BEEN FILED REQUESTING AN AFTER THE FACT VARIANCE FROM THE MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK TO RETAIN A COVERED TERRACE FOR AN EXISTING SINGLE FAMILY HOME.
SO THIS, THIS, UM, APPLICATION IS AN AFTER THE FACT VARIANCE.
UM, THE APPLICANT OBTAINED A BUILDING PERMIT FROM THE BUILDING DEPARTMENT.
UNFORTUNATELY, WHEN THE APPLICATION WAS SUBMITTED, THE, THE APPLICATION WAS NOT ROUTED TO THE PLANNING DEPARTMENT FOR REVIEW, UH, FOR THE LAND DEVELOPMENT REGULATIONS.
SO THE PLAN, THE, THE, THIS IS FOR THE CONSTRUCTION OF A TERRACE IN THE BACKYARD OF THE HOME.
THE TERRACE ENCROACHES INTO THE SIDE YARD SETBACK, UH, BY ABOUT TWO, BY ABOUT, UM, UH, TO REDUCE BY ONE FOOT TWO INCHES, IT ENCROACHES INTO THE SIDE YARD SETBACK.
UM, THE APPLICANT CONSTRUCTED THE TERRACE AS WAS APPROVED IN THE BUILDING PERMIT.
UNFORTUNATELY, WHEN THEY, WHEN THEY, THEY WENT TO FINAL THE PERMIT, THE PLANNING INSPECTOR WENT AND REALIZED THAT THIS WAS NOT IN COMPLIANCE WITH THE SETBACKS AND THE LAND DEVELOPMENT REGULATIONS.
SO THEY HAD TO GO, UH, IN FOR AN AFTER THE FACT, UH, VARIANCE FOR THIS APPLICATION.
UM, GIVEN THE HARDSHIPS, THEY, THEY DID GET A BUILDING PERMIT.
THEY WENT THROUGH THE PROCESS.
UM, STAFF IS SUPPORTIVE OF THE GRANTING OF THIS VARIANCE BECAUSE IT WOULD BE A HARDSHIP TO REQUIRE THE APPLICANT TO GO IN AND, AND RECONSTRUCT THIS TERRACE AT THIS POINT.
UM, SO STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER.
UM, BEFORE I BEGIN, ANY DISCLOSURES ON THE DAS? OKAY.
SEEING NO DISCLOSURES, UM, MR. AVILOS? YES.
UH, IS GONNA BE PRESENTING, YOU ARE REPRESENTING THE, REPRESENTING THE CLIENT.
YOU'RE THE CONSULTANT REPRESENTING THE CLIENT, RIGHT? YES.
YEAH, I'M, I'M IN HERE, UM, ON BEHALF OF REPRESENTING THE PROPERTY OWNER OF THE CONTRACTOR, UH, FOR THE CASE THAT YOU MENTIONED.
10 MINUTES IS ENOUGH FOR YOUR PRESENTATION.
WE'LL GIVE YOU 10 MINUTES TO PRESENT.
IT'S ACTUALLY, I'M GONNA SAY THE SAME THING THAT HE SAID.
IT'S, UH, IF, IF YOU DON'T MIND, I WILL GO DIRECTLY TO THE CONCLUSION BECAUSE EVERYTHING IS THE SAME THING.
SO IN CONCLUSION, THIS PERGOLA WAS BUILT UNDER A VALID PERMIT AND THE APPLICANT SET A GOOD FIT.
THE VARIANT IS NECESSARY TO AVOID UNDUE HARDSHIP AND ALLOW THE PER TO REMAIN IN CONSTRUCTION THE RESPECT.
WE RESPECTIVELY, UH, REQUEST THE BOARD TO APPROVE THIS VARIANT.
THANK YOU FOR YOUR CONSIDERATION.
WE HAVE ALREADY SUBMITTED A, UH, A LETTER FROM THE LEFT NE NEIGHBOR, WHICH IS THE MOST AFFECTED, AND IT'S, UH, IN THE RECORDS SAYING THAT EVERYTHING IS OKAY.
UM, I'LL GO AHEAD AND OPEN UP THE, ANY PUBLIC COMMENT.
DO WE HAVE ANYBODY ON ZOOM, MR. MADDEN? ANYONE HERE IN THE CHAMBERS? IF YOU'RE ON ZOOM, PLEASE RAISE YOUR HAND.
WE HAVE NO HANDS RAISED ON ZOOM.
WITH THAT, I'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT AND I'LL OPEN IT UP TO THE BOARD FOR QUESTIONS TO THE CHAIR.
MR. LER, BACK AT IT, WE MISSED YOU, OPRAH.
I HAVE, I HAVE A QUESTION FOR STAFF.
I THINK, UM, WHOSE MISTAKE WAS THIS? AND I DON'T MEAN LIKE WHAT PERSON, I JUST MEAN LIKE, WAS IT THE CITY'S MISTAKE OR THEIR MISTAKE? THE, THE CITY, UM, WHEN PERMITS ARE SUBMITTED TO THE CITY, THEY GET, DEPENDING ON WHAT YOU'RE PROPOSING, IT SHOULD BE ROUTED TO VARIOUS DEPARTMENTS DEPENDING ON WHAT IT IS.
THIS ONE SHOULD HAVE BEEN ROUTED TO THE PLANNING DEPARTMENT.
IT, IT SIMPLY WAS AN ERROR THAT IT WASN'T.
UM, 'CAUSE WE WOULD'VE CAUGHT THAT IN PERMITTING AND TOLD HIM, HEY, YOU NEED TO SHAVE OFF FOOT AND A HALF BEFORE YOU, BEFORE YOU START BUILDING.
AND, AND UNFORTUNATELY THAT DIDN'T HAPPEN IN THIS CASE.
AND I'M NOT LOOKING TO POINT FINGERS, BUT I'M JUST SAYING, SO IF, IF THIS WAS A CITY MISTAKE MM-HMM
SHOULD HE HAVE, SHOULD THEY HAVE REASONABLY CAUGHT THE CITY'S MISTAKE IN THIS INSTANCE? UM, IT, UH, PERGOLA YOU PROBABLY DON'T NEED A, IT'S PROBABLY THE CONTRACTOR PREPARING PLANS.
UM, INSTEAD OF AN ARCHITECT, IF IT'S AN ARCHITECT WORKING ON IT, AN ARCHITECT SHOULD HAVE CAUGHT IT.
UM, SOMETHING LIKE THIS, YOU'RE LIKELY ABLE TO GET A CONTRACTOR TO DO THE PLANS OR AN ENGINEER THAT MIGHT NOT BE LOOKING AT THE ZONING CODE.
UM, BUT, BUT IT'S, IT'S, IT'S, IT'S UNDERSTANDABLE THAT THEY DIDN'T.
BECAUSE, BECAUSE MY POINT IS THAT ASSUMING THERE'S SOME FEES AND COSTS FOR THE APPLICANT TO COME BEFORE US TODAY TO CORRECT THE CITY ERROR, THAT SEEMS INSANE TO ME.
SO, LIKE, WE'RE CHARGING THEM TO CORRECT OUR MISTAKE.
I DON'T REALLY GET THAT, BUT THAT'S IT.
ARE WE ABLE TO WAIVE THE FEES OR POSITIVE ASSOCIATED? UM, THE CODE DOESN'T HAVE A PROVISION TO WAIVE THE FEES.
UM, I BELIEVE THE PROPERTY WAS HOMESTEADED, SO WE ACTUALLY WERE ABLE TO REDUCE THE FEE FOR HOMESTEADED PROPERTIES.
SO, SO WE WERE ABLE TO DO THAT.
BUT, UM, UM, BUT UNFORTUNATELY THE CODE DOES NOT HAVE A, A PROVISION TO WAIVE FEES.
FOR THIS TYPE, FOR THIS TYPE OF SITUATION.
IT DOES FOR OTHER, OTHER SITUATIONS,
[00:10:01]
BUT NOT THIS TYPE OF SITUATION.UH, ANY OTHER QUESTIONS FROM THE GUYS, THE APPLICANT OR STAFF? NO.
WITH THAT I'LL ENTERTAIN ANY MOTIONS.
I'LL MAKE A MOTION TO APPROVE IT.
MS. SILVERMAN? UH, MOTION TO APPROVE.
IS THAT, WAS THAT OKAY? UM, SECOND.
EVERYONE'S, EVERYONE'S GOOD A SECOND? I, WE CAN.
I DUNNO IF WE CAN DO EVERYONE SECOND, BUT, UM, WE'LL GO AHEAD AND WE'LL TAKE, UM, MR. SILVER SECOND.
THANK YOU SO MUCH FOR COMING IN.
YOU OKAY? YOU, THANK YOU VERY MUCH.
UH, IN ORDER TO CLOSE THE PERMIT, WHICH IS STILL OPEN BECAUSE OF THIS, UH, INSPECTION THAT IS NOT APPROVAL, HOW WOULD BE THE PROCESS TO, CAN YOU TELL ME? WE WILL, WE WILL, UM, GIVE YOU A RECORDED ORDER.
SHOULD LIKELY BE READY WITHIN A WEEK OR TWO.
WE HAVE TO, UM, FINALIZE IT, SIGN IT, SEND IT TO THE COUNTY TO RECORD.
ONCE YOU HAVE THAT RECORDED ORDER, UM, YOU WILL BE ABLE TO SUBMIT THAT WITH THE PLANS AND, UH, PLANNING WILL BE ABLE TO SIGN OFF ON IT.
THANK, THANK YOU, YOU GUYS, YOU SO MUCH.
[4. ZBA25-0187, 2034 North Bay Road]
ZBA TWO FIVE DASH OH 180 7 2 0 3 4 NORTH BAY ROAD.UM, ALEJANDRA, THIS APPLICATION HAS BEEN FILED REQUESTING AN AFTER THE FACT VARIANCE FOR THE REAR YARD SETBACK IN ORDER TO LEGALIZE A COURT GAME ON A PARCEL WITH AN EXISTING SINGLE FAMILY HOME.
SO THIS IS, UM, AN EXISTING HOME.
UM, THE HO THE LOT IS IRREGULARLY SHAPED AND THE APPLICANT CONSTRUCTED A PADDLE COURT IN THE REAR YARD.
THE COURT ENCROACHES INTO THE SETBACK BY SIX INCHES.
UM, SO IT'S, IT'S UNFORTUNATE.
IT'S, IT'S, IT'S ONLY FOR, THIS IS A VARIANCE FOR SIX INCHES INTO THE REAR YARD.
IT'S ONLY A CORNER OF THE PADDLE COURT THAT ENCROACHES INTO THE SETBACK.
THE REAR YARD IS IRREGULARLY SHAPED.
IT'S SORT OF A TRIANGULAR, UH, TYPE SHAPE.
SO WE LOOKED AT IT AND TO DETERMINE IF THEY WOULD BE ELIGIBLE FOR A VARIANCE PURSUANT TO THERE BEING A HARDSHIP, GIVEN THE IRREGULAR SHAPE OF THE LOT, UM, IT IS, IT IS LIKELY THAT THEY WOULD HAVE BEEN ELIGIBLE TO REQUEST A VARIANCE HAD THEY HAD THEY COME IN BEFOREHAND.
UM, SO GIVEN THAT THEY DO HAVE A HARDSHIP WITH THE SHAPE OF THE LOT, STAFF DOES RECOMMEND THAT IT BE APPROVED, BUT THIS ISN'T AFTER THE FACT VARIANCE.
THE, THE COURT IS ALREADY THERE, UM, AND IT DOES ENCROACH INTO THE SETBACK BY SIX INCHES.
SO WITH THAT, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER.
DO WE HAVE ANY DISCLOSURES ON THE DAIS? OKAY.
UM, MR. VER, UH, FROM MJ PERMITS, UH, YOU'RE GONNA BE PRESENTING? YES, SIR.
IF YOU NEED MORE, LET ME KNOW.
GOOD MORNING LADIES AND GENTLEMEN OF THE BOARD STAFF.
UM, THANK YOU FOR HEARING THIS, THIS VARIANCE, UH, REQUEST.
UM, LIKE LIO SAID, THIS IS, UH, A VERY UNFORTUNATE, UM, VARIANCE WE'RE, IT'S JUST A CORNER OF THE PADDLE COURT THAT'S ENCROACHING, NOT EVEN, IT'S A LITTLE BIT LESS THAN SIX INCHES GOING INTO THE, THE REAR SETBACK.
RIGHT NOW IT IS A SINGLE FAMILY, UH, ZONING.
REAR SETBACK IS SEVEN FEET, SIX INCHES.
WE'RE JUST UNDER 7.2, I BELIEVE, UM, IS WHAT WE'RE RESPECTING IN THE REAR.
I DUNNO IF WE CAN GET THAT PULLED UP.
UH, THE PODIUM, THE COMPUTER IS RIGHT NEXT TO YOU ON YOUR LEFT HAND SIDE.
SO HERE'S THE SAME PLAN THAT WE'VE SUBMITTED TO ALL OF YOU.
IT'S JUST SHOWING THE, THE AWKWARD WEDGE SHAPE THE LOT WITH THE LOCATION OF THE PADDLE COURT.
THE, THE CORNER THAT WE ARE ATTEMPTING TO GET A VARIANCE FOR IS GOING TO BE THE TOP LEFT CORNER OF THE PADDLE COURT CLOSEST TO THE REAR PROPERTY LINE.
HERE'S THE, THE PLAN THAT WAS SUBMITTED TO THE CITY.
IT'S BEEN APPROVED BY ALL DISCIPLINES.
IT COMPLIES WITH FLORIDA BUILDING CODE.
UM, IT'S ONLY BEEN DENIED BY PLANNING, PENDING THE DETERMINATION OF THIS BOARD FOR THE VARIANCE.
HERE ARE SOME PICTURES OF THE PADDLE COURT.
SO YOU GUYS CAN SEE IT IS AN OPEN AIR, UH, OPEN TO THE SKY PADDLE COURT.
UM, THERE IS VERY MATURE LANDSCAPING ALL AROUND IT TO BLOCK ANY VIEW TO ANY NEIGHBORS OR ANY OTHER ADJACENT PROPERTIES.
THE REAR OF THE PROPERTY IS THE, THE WATERWAY, AND THERE IS ALSO SOME HEDGES BACK THERE TO BLOCK THE VIEW AS WELL.
HERE YOU CAN SEE THAT HEDGE, AND THIS IS THE REAR, THE REAR VIEW OF THE, OF THE PADDLE COURT SIDE VIEW VIEW FROM THE SIDE OF THE HOUSE BETWEEN THE TWO HOMES.
AND THIS IS THE, THE REAR OF THE PROPERTY, THE WATERWAY.
AND IT SHOULD BE A PICTURE HERE SHOWING THE HEDGE THAT BLOCKS IT FROM THE WATERWAY AS WELL.
[00:15:06]
OKAY.UM, SO IN CONCLUSION, WE'RE JUST RESPECTFULLY REQUESTING THAT YOU GUYS, UM, GRANT US THE SIX INCH VARIANCE SO THAT WE CAN GO AHEAD AND CONTINUE WITH OUR BUILDING PERMIT, GET THIS LEGALIZED AND GET THIS PERMIT CLOSED.
UM, LET'S GO AHEAD AND OPEN UP PUBLIC COMMENT.
ANYONE HERE IN THE CHAMBERS OR ON ZOOM? WE HAVE NO HANDS RAISED ON ZOOM.
WE'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT.
OPEN IT UP TO QUESTIONS FROM THE BOARD THROUGH THE CHAIR.
MS. SILVERMAN, YOU HAVE ONE? YEAH, IT'S THE, THE, THE VARIANCE IS THE NEXT TO THE WATER, RIGHT? CORRECT.
IT'S, AND IT'S, IT'S JUST FOR THE CORNER OF THE PADDLE COURT THAT SEVEN, SEVEN INCHES.
THE PADDLE COURT WAS CONSTRUCTED PRE TRYING TO GET THE PERMIT.
AND THAT WAS 'CAUSE THERE, THERE WAS A THOUGHT THAT A PERMIT WASN'T NEEDED OR, OR JUST, I'M NOT QUITE SURE WHY IT WAS BUILT, UM, WITHOUT THE PERMIT.
UM, I DO KNOW THAT IT WAS PERMIT APPLIED FOR AND IT WAS DENIED BY PLANNING.
EVERYONE ELSE HAS APPROVED AND REVIEWED IT.
IT DOES MEET AND COMPLY WITH FLORIDA BUILDING CODE.
AND IT'S JUST LIKE, LIKE LIO SAID, IT'S JUST, UH, THAT CORNERS COMING IN ABOUT SIX INCHES.
QUE ADDITIONAL QUESTIONS? UM, I DO, WHAT, WHAT YEAR WAS, WAS IT BUILT, THE PROPERTY WAS BOUGHT IN 2018 OR SEPTEMBER.
WHEN, WHEN WAS, WHEN WAS THIS CONSTRUCTED? IF I'M NOT MISTAKEN, I BELIEVE IT WAS CONSTRUCTED LAST YEAR.
THE BUILDING PERMIT WAS APPLIED FOR IN APRIL.
SO MY QUESTION IS, IT'S A PRETTY SIGNIFICANT STRUCTURE.
UM, I MEAN, WE, YOU KNOW, WE'VE HAD AFTER THE FACT VARIANCES IN THE PAST, UM, BUT WHEN I REVIEWED THIS ONE, IT JUST KIND OF SEEMS LIKE THIS IS, THIS IS ONE OF THE, I MEAN, I'VE BEEN ON UP HERE FOR SIX YEARS AND THIS IS LIKE, THE BIGGEST ONE I'VE SEEN THAT IS, IS, YOU KNOW, A LOT, A LOT OF TIMES THEY'RE AFTER FACT VARIANCES FOR SOMEONE ADDING SOME ADDITIONAL SQUARE FOOTAGE, SOMETHING THAT'S REALLY, YOU CAN'T REALLY SEE IT.
BUT TO CONSTRUCT A STRUCTURE OF THIS MAGNITUDE, NOT KNOWING OR NOT THINKING, I GUESS IS MY QUESTION, THAT THEY WOULD HAVE TO PULL A PERMIT TO DO IT.
UH, I JUST WANTED TO GET SOME FEEDBACK AS TO WHAT, WHAT WERE THE OWNERS' THOUGHTS WHEN THEY, WHEN THEY DID THIS? UM, BECAUSE IT'S, IT, IT, IT, IT'S BIG AND LISTEN, IT'S ONLY SIX INCHES, DON'T GET ME WRONG.
UH, I MEAN, AND IT LOOKS GOOD AND ALL THAT, BUT WHAT, WHAT DID THEY NOT KNOW OR THEY JUST THOUGHT MAYBE THEY WERE GONNA GET AWAY WITH IT? I MEAN, I, I I, I JUST NEED TO ASK THAT QUESTION TO GET CLARIFICATION.
I DON'T BELIEVE IT'S THAT THEY THOUGHT THEY WERE GONNA GET AWAY WITH IT.
I DO BELIEVE IT WAS, UH, JUST A FACT OF NOT KNOWING.
UM, AND I, I DO AGREE WITH YOU.
IT IS A, A SIGNIFICANT STRUCTURE.
HOWEVER, IT IS SOMETHING THAT ALL OF THE, MOST OF THE HOMES ON NORTH BAY ROAD HAVE, ARE AWARDED THE OPPORTUNITY TO HAVE THIS BECAUSE OF THEIR NORMAL LOT SHAPES.
BECAUSE OF THIS WEDGE LIKE SHAPE, WE CAN'T MOVE, THE COURT COULDN'T HAVE GONE ANYWHERE ELSE CLOSER TO THE HOME, CLOSER TO THE SIDE.
AND THERE WAS A RECENT, UM, ZPA THAT WAS APPROVED BY THIS BOARD IN JANUARY.
I HAVE THE NUMBER, IT SHOULD HAVE BEEN IN THAT SLIDE, BUT IT'S NOT, UM, JANUARY 8TH MEETING, THERE WAS ONE THAT WAS, THE SETBACK WAS REDUCED FROM 30 FEET TO 10 FEET TO ALLOW FOR A PADDLE COURT AS WELL.
UM, JUST TRYING TO ESTABLISH THAT THERE IS A, A PRECEDENT AND A AND A HISTORY OF THINGS LIKE, LIKE THIS NATURE THAT HAVE PASSED.
UM, IS THIS AN OWNER OCCUPIED PROPERTY? YES.
OR IS IT A SECOND HOME? IT'S A SECOND HOME PRIMARY.
I DON'T THINK IT'S HOMESTEADED.
UM, AND THE OTHER QUESTION IS, I DIDN'T SEE ANY LETTERS OF SUPPORT FROM ANY OF THE NEIGHBORS.
DID WAS, DID, DID YOU REACH OUT TO GET ANY LETTERS OF SUPPORT FROM ANY OF THE NEIGHBORS? WE ALWAYS ASK THAT WHEN WE DON'T SEE IT.
EC ESPECIALLY SOMETHING OF THIS SIGNIFICANCE THAT STANDS OUT.
YOU KNOW, I ALWAYS ASK THAT QUESTION WHEN I DON'T SEE LETTERS OF SUPPORT IN THE FILE.
THE OWNER DID REACH OUT TO THE NEIGHBORS.
HE OWNS THE HOUSE NEXT DOOR AS WELL ON ONE OF, ON ONE OF THE SIDES.
AND HE DID, HE SAYS HE GOT SUPPORT FROM THEM, BUT I JUST AS HIM, THERE ARE MANY NEIGHBORS THAT ARE SECOND HOMES OR THEY DON'T LIVE THERE FULL TIME.
AND IT'S BEEN TOUGH TRYING TO CATCH 'EM TO GET UP TO SIGN A LETTER.
BUT HE DID REACH OUT AND VERBALLY SPOKE TO THEM.
UM, ANY OTHER QUESTIONS MAYBE THAT PIQUE SOME ADDITIONAL INTEREST? MR. LER? GO AHEAD.
YEAH, SO THESE, THESE SIX INCHES, I MEAN, THIS IS, THIS IS A, THE CORNER THAT'S THE CLOSEST TO THE WATER, RIGHT? CORRECT.
SO IT'S THE CONCRETE, IT'S, YEAH, IT'S, IT'S, IT'S A LITTLE PIECE OF CONCRETE THAT IT GOES UP MAYBE A FOOT OFF THE GROUND MM-HMM
AND IN THEORY, AND I'M NOT SUGGESTING THIS HAPPEN, I'M, I'M PROBABLY GONNA BE IN FAVOR OF THIS, BUT THEY COULD LIKE CUT OFF THAT.
I MEAN, I DON'T THINK IT'S STRUCTURE AND IT'S LIKE A LITTLE CORNER THING THAT WHEN WE TALK ABOUT THE GRANDEUR OF THIS, I DON'T KNOW IF IT'S PADDLE OR PADELLA, BUT WHATEVER, UM, OF THIS THING, THE STRUCTURE, IT HAS NOTHING TO DO WITH THE VARIANCE.
THE VARIANCE IS REALLY FOR THIS, THIS THING THAT'S SIX INCHES LIKE THIS AND FOOT OFF THE GROUND.
AND, AND, AND YOU COULD CUT THAT OFF AND THEY NEED NO VARIANCE.
[00:20:01]
QUAR THERE.I, I BELIEVE THE VARIANCE IS FOR THE WALL ITSELF.
THE, THE CONCRETE TRIM AROUND IT.
WE WOULDN'T NEED A VARIANCE FOR THAT.
THAT WOULD, THAT THAT'S JUST ON THE GROUND.
THAT DOESN'T EXCEED THE MAXIMUM YARD ELEVATION.
WE WOULD CONSIDER THAT PART OF THE YARD.
UM, IT'S, IT'S FOR THE PORTION THAT IS, THAT IS RAISED THE GLASS, THE GLASS WALL THAT, THAT'S RAISED UP.
SO IT'S, SO IT'S, IS IT SIX INCHES IN FROM WHERE, FROM WHERE THAT WALL STARTS? CORRECT.
SO IT'S A SETBACK VARIANCE, SO IT SHOULD BE SIX INCHES CLOSER TO THE HOUSE.
SO, I MEAN, YOU'RE, YOU'RE TALKING ABOUT THE WALL.
I DON'T THINK THAT'S RELEVANT.
IT'S, IT'S SIX INCHES AWAY FROM THE SEA WALL.
I THOUGHT I'M, I'M SORRY, I THOUGHT THE SIX INCHES WAS FROM THE CONCRETE CORNER, BUT FROM THE BLACK POST, IT'S A SETBACK.
SO THAT POST TO THAT DOESN'T COME INTO PLAY.
THAT DOESN'T COME INTO PLAY WITH THE VARIANCE.
IF YOU READ THE VARIANCE, IT'S STRICTLY SETBACK.
AND, AND IT'S FROM THAT BLACK POST IS THE SIX INCHES.
THANK YOU FOR THE CLARIFICATION.
ANY, ANY OTHER, ANY OTHER QUESTIONS? MS. SILVERMAN? GO AHEAD.
DO WE KNOW WHO CONSTRUCTED THIS COURT AT THIS TIME? I DO NOT HAVE THE CONTRACTOR'S NAME, NO.
BECAUSE IT WOULD SEEM TO ME JUST SORT OF TO YOUR POINT IN THE OPPOSITE DIRECTION, THAT
AND DIDN'T ADVISE THEIR CLIENT TO GET A PERMIT.
THAT SEEMS TO ME TO BE, I DON'T KNOW, UNETHICAL, SOME REASON THAT THEIR LICENSE SHOULD BE LOOKED AT.
OR THEY SHOULD BE FINED IN SOME WAY.
AND I DON'T KNOW IF WE CAN, YOU KNOW, I, I'LL PIGGYBACK ON THAT.
I THAT'S A, THAT'S A GREAT POINT.
UM, YOU KNOW, THIS IS A REAL TOUGH ONE.
I MEAN, I, I'M GONNA SUPPORT IT, BUT I GOTTA TELL YOU, AND THAT'S WHY I, I, I, I AM IN GEN THANK YOU FOR BRINGING THAT UP.
YOU KNOW, WHOEVER, WHOEVER CONSTRUCTED THAT, YOU KNOW, THE CITY SHOULD REALLY TAKE NOTE OF THAT CONTRACTOR MM-HMM
AND PUT A LITTLE, PUT A LITTLE THING UP THERE TO KNOW, TO DOUBLE CHECK ANYTHING THAT THAT PERSON BRINGS IN.
'CAUSE UM, IT, YOU KNOW, IT WOULD'VE BEEN IMPROVED.
IT'S NOT, IT'S NOT A BIG DEAL.
SIX INCHES IS NOT A BIG DEAL, BUT, YOU KNOW, THE, THE CONTRACTOR TRIED TO GET AWAY WITH IT.
I, I'LL, I'LL SHARE THAT WITH THE, UH, BUILDING OFFICIAL THAT, UM, THAT THE BOARD OF ADJUSTMENT GRANTED THE VA OR, OR IS CONSIDERING GRANTING A VARIANCE, BUT THEY HAD CONCERNS OVER, OVER THE WORK OF THIS CONTRACTOR DID AFTER THE FACT.
AND SINCE THEN, THIS POINT HAS ALSO BROUGHT UP, BEEN BROUGHT UP TO THE OWNER AND ED'S BEEN EDUCATED TO LET HIM KNOW THAT ANYTHING AS MINOR AS IT MAY SEEM, IS GONNA REQUIRE BUILDING PERMIT FROM THE CITY PRIOR TO ANY WORK BEING DONE.
I, I, I'LL BE HONEST WITH YOU, I, I DON'T WANNA KEEP GOING.
IT'S COMMON SENSE IN ANY CITY, LET ALONE THE CITY OF MIAMI BEACH, TO BUILD SOMETHING TO THAT MAGNITUDE AND THINK THAT YOU DON'T HAVE TO GO TO THE CITY AND TALK TO THEM ABOUT IT.
IT'S, YOU KNOW, SO AGAIN, I'M GONNA SUPPORT IT, BUT THIS ONE WAS A TOUGH ONE TO ME.
SO, ANY OTHER QUESTIONS? JUST HOW DID IT COME UP THAT YOU NEED A PERMIT NOW VERSUS, I, I'M ABSOLUTELY NOT QUITE SURE.
THEY JUST GAVE ME A CALL AND THEY ASKED ME.
THAT'S A QUESTION FOR STAFF, I GUESS.
UM, HAD, DO YOU KNOW, I ASSUME THERE WAS A VIOLATION.
HOW DID IT COME UP? THEY COME UP IN PLAN.
SOMETHING GOT HAD TO GET CAUGHT.
IS THE QUESTION CAME UP IN PLAN REVIEW.
UM, IT WAS REVIEWED BY IRINA VIEGAS AND SHE'S THE ONE WHO QUOTED.
BUT THE REASON YOU WENT TO GO IN FOR THE, AFTER THE FACT PERMIT WAS BECAUSE I ASSUME YOU GOT A VIOLATION FROM CODE ENFORCEMENT THAT THERE WAS.
BELIEVE, UM, I'M NOT SURE IF THAT WAS AS A RESULT OF, UH, SOMEBODY PHONED IN OR, OR SOMETHING.
BUT DO WE, DO WE KNOW WHAT THAT VIOLATION WAS? 'CAUSE IT KIND OF, NOW IT'S KIND OF PEAKING A LITTLE BIT OF INTEREST.
'CAUSE WHAT WAS THAT VIOLATION? I MEAN, IF THE, WOULD THE BOARD WANT TO KNOW THAT? OR KIND OF LIKE OFF? YEAH, YOU WANNA GO? NO.
NOW I DO HIT, HIT YOUR, HIT YOUR MICRO.
BUT YOU WANNA GIVE YOUR OPINION, MS. MAYOR, GO AHEAD ON THE RECORD, OR NO, NO, YOU'RE GOOD.
YOU WANT ME TO LOOK THAT UP BEFORE YOU ALL, WE DO A MOTION OR IS THAT GONNA IMPACT ANYONE'S VOTE? OR YOU WANT ME TO OPEN IT UP FOR A MOTION? NO.
ANY MOTIONS ON THE FLOOR THEN? OKAY.
[5. ZBA25-0188, 5940 North Bay Road]
GO TO OUR THIRD ITEM.IT'S GONNA BE ZBA TWO FIVE DASH 0 180 8 59 40 NORTH BAY ROAD.
UH, ALEJANDRA, THIS APPLICATION, THIS APPLICATION HAVE BEEN FILED REQUESTING VARIANCES FROM THE UNDERSTORY REQUIREMENTS TO ALLOW A PORTION OF THE UNDERSTORY TO BE FILLED AND INCLUDE AIR CONDITIONED SPACE, ALLOW SOLID WALLS AND REMOVE, AND TO REMOVE UNDERSTORY EDGE REQUIREMENTS FOR THE CONSTRUCTION OF A NEW TWO STORY SINGLE FAMILY UNDERSTORY HOME TO REPLACE AN EXISTING HOME.
[00:25:01]
APPLICATION FOR, FOR A FEW VARIANCES.UM, THIS IS A, UH, A 2.28 ACRE LOT IN THE RS TWO DISTRICT.
SO IT'S A VERY LARGE LOT, HAS A WIDTH OF 207 FEET, AND A DEPTH OF 421 FEET.
UM, UM, THE APPLICANT IS PROPOSING A HOME WITH A UNIT SIZE OF 42.8%.
SO IT'S BELOW THE MAXIMUM UNIT SIZE OF 50%.
SO THIS RESULTS IN A 42,583 SQUARE FOOT HOME.
UM, THE APPLICANT IS PROPOSING FOR A TWO STORY HOME WITH AN UNDERSTORY, WHICH ALLOWS THEM TO CONSTRUCT AT 31 FEET.
UM, AND THE APPLICANT IS PROPOSING A LOT COVERAGE OF 29.7%, WHICH IS BELOW THE MAXIMUM OF 30%.
UM, THE, THE APPLICANT IS PROPOSING, UM, AN UNDERSTORY THAT INCLUDES A FEW VARIANCES.
SO THE, THE UNDERSTORY HOMES, UH, PREVIOUSLY HAD TO GO TO THE DESIGN REVIEW BOARD.
ALWAYS THE CITY COMMISSION RECENTLY AUTHORIZED THEM TO BE APPROVED ADMINISTRATIVELY.
UM, SO AS LONG AS THEY DON'T NEED ANY WAIVERS FROM THE DESIGN REVIEW BOARD, THEY CAN NOW SEEK VARIANCES FROM THE BOARD OF ADJUSTMENTS.
SO, PREVIOUSLY, UM, THIS BOARD WOULD'VE NEVER SEEN UNDER STORY HOMES.
BUT NOW, UH, BECAUSE OF THIS NEW AMENDMENT TO THE CITY CODE AND TO THE LAND DEVELOPMENT REGULATIONS UNDER STORY HOMES CAN COME TO THE BOARD OF ADJUSTMENT.
SO THE APPLICANT IS SEEKING A FEW VARIANCES.
THE, UM, THE UNDERSTORY REGULATIONS, UM, ARE INTENDED TO, UH, CREATE A SPACE UNDERNEATH THE HOME, UM, THAT IS PERVIOUS, THAT ALLOWS FOR WATER TO DRAIN, TO WATER, TO FLOW, UM, CREATE ADDITIONAL OPEN SPACES FOR, FOR THE HOMEOWNER TO BE ABLE TO ENJOY.
UM, SO THE APPLICANT IS SEEKING A FEW VARIANCES OF SOME OF THOSE REQUIREMENTS THAT ARE REQUIRED FOR UNDERSTORY HOMES.
UH, THE FIRST ONE IS THAT THEY WANNA INCLUDE, UM, ENCLOSED RECREATIONAL SPACE IN THE UNDERSTORY.
THE CODE ALLOWS YOU TO HAVE RECREATIONAL AREAS IN THE UNDERSTORY, BUT THEY'RE SUPPOSED TO BE OPEN AIR.
THE APPLICANT, UM, UM, DUE TO THEIR OWN, UH, PERSONAL DESIRES, WISHES TO HAVE SOME OF THOSE AREAS ENCLOSED.
UM, BECAUSE THEY'RE SO FAR BELOW THEIR UNIT SIZE, THEY COULD HAVE THESE ENCLOSED AREAS IN THE UPPER LEVELS, BUT THAT WOULD ADD TO THE MASSING AND THE VOLUME OF THE HOME.
UM, AND SO IT, IT ACTUALLY MINIMIZES THE IMPACTS, UM, ON SURROUNDING PROPERTIES IF THESE ARE IN THE UNDERSTORY AREA.
THE SECOND ONE IS TO ALLOW FOR THE FULL ENCLOSURE AND AIR CONDITIONING OF PORTIONS OF THE UNDERSTORY HOME THAT ARE USED FOR STORAGE AND RECREATIONAL SPACE.
UM, SO THOSE, UH, THE UNDERSTORY REGULATIONS ALLOW YOU TO HAVE, UM, STORAGE THAT IS, THAT IS, UM, UM, NOT AIR CONDITIONED.
IT DOES COUNT IN TOWARDS THE MAXIMUM UNIT SIZE.
THEY'RE REQUESTING A VARIANCE TO ALLOW THEM TO BE AIR CONDITIONED.
THEY HAVE, IN SOME CASES SOME MECHANICAL EQUIPMENT THAT NEEDS TO BE, UM, KEPT UNDER AIR CONDITIONING, GIVEN THE SCALE OF THE HOME, OR THEY'RE SEEKING TO STORE THINGS THAT THEY WOULD RATHER, UM, UM, HAVE AIR CONDITION, UM, SO THAT IT'S BETTER MAINTAINED GIVEN THE WATERFRONT LOCATION AND SALT WATER, SALT AIR INTRUSION TO PREVENT CORROSION AND, AND OTHER ISSUES.
UM, THE NEXT REQUIREMENT, THIS IS FROM SECTION, THESE, THESE TWO VARI, THESE THREE VARIANCES THAT I'M MENTIONING ARE ALL FROM SECTION 7 2 2 3 B SIX A OF THE RESILIENCY CODE.
SO THIS IS ALL UNDER ONE UNIFIED REGULATION.
THE NEXT ONE PART OF IS, THAT'S PART OF THAT REGULATION IS A REQUIREMENT, UM, THAT THE UNDERSTORY AREA BE FULLY, UH, OPEN WITH THE EXCEPTION OF BREAKAWAY WALLS.
UM, SO BREAKAWAY WALLS ARE ARCHITECTURAL ELEMENTS THAT IN THE CASE OF A FLOOD, IF THEY, IF THEY, UM, THEY GET REMOVED FROM THE STRUCTURE, THEY DON'T IMPACT THE STRUCTURAL, THE STABILITY OF THE HOME OR, OR THE STRUCTURE OF THE HOME.
UM, THE CODE REQUIRES THAT IT BE OPEN, THAT EACH SIDE OF THE UNDERSTORY BE OPEN 50%.
THE APPLICANT IS PROPOSING TO ENCLOSE, UM, UM, THE REAR AND THE FRONT AND THE PORTIONS OF THE SIDE OF THE UNDERSTORY AREA THAT WILL, UH, EXCEED 50%, UH, COVERAGE.
SO THE UNDERSTORY WILL ESSENTIALLY, UM, APPEAR TO BE, WILL APPEAR LIKE A BASEMENT, THOUGH IT WON'T ACTUALLY BE A BASEMENT BECAUSE THE, THE LA THE GROUND WILL SLOPE UP AND COVER, UH, PORTIONS OF THE UNDERSTORY.
UM, GIVEN THE SCALE OF THE LOCK, UM, THE SIZE OF THE LOT, THE SLOPING OF THE GROUND, THE LOCATION ALONG THE WATERFRONT, UH, AND THE, AND THE POSSIBILITY FOR STORM SURGES.
UM, THE APPLICANT DOES HAVE A PRACTICAL DIFFICULTY AND STAFF IS SUPPORTIVE OF THE GRANTING OF THESE VARIANCES SO THAT THEY BETTER ENCLOSE AND PROTECT THAT UNDER STORY AREA.
UM, THE NEXT, UNDER THE NEXT TWO VARIANCES I'M GONNA DESCRIBE ARE RELATED TO SECTION 7 2 2 3 B SIX H OF THE RESILIENCY CODE.
SO THESE ARE RELATED TO A SECOND, SECOND, UH, UNDERSTORY REGULATION.
THE FIRST IS THAT CERTAIN ARCHITECTURAL AND STRUCTURAL ELEMENTS WITHIN THE UNDERSTORY TO ENCROACH WITHIN THE REQUIRED FIVE FOOT SETBACK FROM THE EDGE OF THE FIRST HABITABLE FLOOR.
SO THE UNDERSTORY REGULATIONS REQUIRE THAT THERE BE ESSENTIALLY A LANDSCAPE PERIMETER OF FIVE FEET AROUND THE EDGE OF THE UNDERSTORY.
UM, GIVEN THAT THE GROUND WILL BE SLOPING
[00:30:01]
AND GOING INTO THE UNDERSTORY, THEY WON'T BE ABLE TO COMPLY WITH THAT REQUIREMENT.THE FIVE FEET THAT'S REQUIRED TO BE OPEN AND LANDSCAPE WILL BE COVERED, UM, BY GROUND.
SO IT WILL STILL BE GREEN SPACE.
IT WILL STILL BE ABLE TO BE USED, UM, IN, IN MOST CASES FOR, UM, ITS INTENDED PURPOSE, WHICH IS TO ALLOW FOR WATER TO DRAIN.
UM, BUT IT WILL NOT, UH, BE AT THE UNDERSTORY LEVEL.
IT'LL BE A LITTLE BIT HIGHER UP.
UM, AND SO THESE, THESE ARE ALL RELATED.
IF, IF ONE VARIANCE IS NOT GRANT GRANTED, NONE OF THESE, NONE OF THESE WORK, THEY'RE ALL INTERCONNECTED.
UM, THE SECOND IS DEVIATION FROM THE ONSITE WATER CAPTURE AND LANDSCAPING REQUIREMENTS, UM, ALONG THE FRONT AND SIDE UNDERSTORY EDGES.
AND AGAIN, THEY'RE, THEY'RE, THEY'RE RELATED.
THEY'RE, UM, UM, THE UNDERSTORY, THE, THESE AREAS WILL BE COVERED BY GROUND, SO THEY WON'T BE ABLE TO COMPLY, UH, WITH THESE, WITH THESE REQUIREMENTS.
AND IN SOME CASES, THE, THE, THE ENCLOSED, UM, UM, THE ENCLOSED STORAGE AND RECREATIONAL AREAS, UM, WILL ALSO BE ENCROACHING INTO THIS AREA, SO THEY WON'T BE ABLE TO COMPLY WITH THOSE.
UM, SO GIVEN THE, THE, THE LOCATION OF THE SITE LOCATION ALONG THE WATERFRONT, UM, UM, THE SIZE OF THE LOT, UH, SOME OF THESE REGULATIONS ARE JUST NOT PRACTICAL.
UM, AND, AND REALLY LIMITS THE, THE ARCHITECTURAL, UH, CREATIVITY THAT THE, THAT THE ARCHITECT, UM, HAS PUT INTO THE HOME.
UM, SO STAFF IS SUPPORTIVE OF THE GRANTING OF THE VARIANCES, UM, SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER.
SOME OF THESE ARE HARD TO VISUALIZE.
SO THE, THE APPLICANT'S PRESENTATION WILL, WILL DO A BETTER JOB THAN I CAN, UM, SPEAKING TO YOU.
UM, BEFORE I DO THAT, ARE THERE ANY DISCLOSURES ON THE DAIS? OKAY, THE ONLY THING I WILL DISCLOSE IS, UM, MY FATHER BART GOLDBERG AND MY STEPMOM SAN DIEGO GOLDBERG, LIVE ON 59 69, WHICH IS, UM, ACROSS THE STREET IN ONE HOUSE TO THE NORTH.
UM, AND, AND THERE IS, WE WERE JUST GIVEN A PACKAGE AND THEY, THEY WERE SHOWING SUPPO SUPPORT.
UM, I HAVE NOT HAD ANY CONVERSATIONS WITH THE APPLICANTS AT ALL.
UM, I JUST WANTED TO DISCLOSE THAT, UH, IT WAS UP TO MY DAD TO DO WHAT HE WANTED TO DO.
SO I JUST WANNA PUT THAT ON THE RECORD.
UH, WITH THAT BEING SAID, UM, MR. AMSTER, I GUESS YOU'RE GONNA PRESENT AS THE ATTORNEY, AND MR. MOHRING IS THE ARCHITECT.
UM, I KNOW THIS IS, YOU NEED A LITTLE MORE TIME, SO WHY DON'T WE START WITH 15 MINUTES.
IF YOU NEED MORE, BY ALL MEANS, THIS IS, I KNOW IT'S AN IMPORTANT PROJECT, SO PLEASE LET ME KNOW IF YOU NEED MORE TIME.
MATT AMSTER WITH THE LA FIRM OF BURKE, VERDE, FERNANDEZ, LARKIN AND EZ OFFICES AT 200 SOUTH BISCAYNE BOULEVARD IN MIAMI, UH, HERE TODAY REPRESENTING 59 40 NBR OWNER, LLC.
UH, FROM OWNERSHIP, WE HAVE TODD GLAZER AND JARED POSNER HERE.
UM, ROB MORING IS OUR ARCHITECT FROM DOMO.
UM, CHRIS CAULEY IS ALSO HERE, OUR LANDSCAPE ARCHITECT.
AND, UH, UM, BEEN HELPED BY OUR PARTNER AT THE FIRM, MICHAEL LARKIN AND ROB ALVAREZ.
UM, AS MENTIONED, UH, WE DID HAVE A HANDOUT.
UH, WE'VE DONE EXTENSIVE OUTREACH TO ALL THE NEIGHBORS ACROSS THE STREET, NORTH AND SOUTH OF THE PROPERTY.
AND, UH, MANY OF THEM HAVE GIVEN A LETTER OF SUPPORT.
THOSE ARE IN OUR PACKETS HERE, BUT OTHERS HAVE, UH, ALSO GENEROUSLY SAID, UH, VERBALLY TO OUR TEAM THAT THEY HAVE NO ISSUE AND SUPPORT, UH, OUR REQUESTS.
UM, IT, I ROGELIO, YOU DID A GREAT JOB.
I, THIS IS A SOMEWHAT COMPLICATED, UH, ENDEAVOR BECAUSE THE CODE HAS VERY EXTENSIVE UNDERSTORY REGULATIONS.
IN FACT, THERE'S, IF YOU PARSE THEM OUT LIKE WE'RE DOING HERE, THERE'S ABOUT 27 OF THEM.
SO IT'S EXTREMELY RIGOROUS, UH, THAT IN ORDER TO COMPLY.
BUT I WANNA MAKE SURE THAT EVERYONE'S, YOU KNOW, KEEPING IN MIND WHY DOES THE CODE HAVE ALL OF THESE REGULATION, RIGHT? THERE'S A PURPOSE BEHIND IT.
UM, UNDERST STORIES ARE AN AREA UNDERNEATH YOUR HOME TO ALLOW FOR, AGAIN, YOU KNOW, FLOW OF WATER.
BUT ANOTHER POINT OF, UH, THE UNDERSTORY IS TO MAKE SURE THAT THE HOME DOES NOT APPEAR TO BE THREE STORIES TALL.
AND THAT'S WHERE THE OPENNESS, UH, AND, UM, OTHER DESIGN REQUIREMENTS ARE PUT IN THERE.
YOU WILL SEE THAT, UH, ROB'S WONDERFUL DESIGN WITH SLOPING UP.
THE FOR TO THE HOME ITSELF AT THE FRONT, AND, AND AGAIN, THE MAJORITY OF THE FRONT IS REALLY ONLY ONE STORY.
AND WE EVEN HAVE A PARTIAL UNDERSTORY.
WE ARE NOT UTILIZING THE WHOLE AREA UNDER THE HOME.
AND THE CODE IS A LITTLE BIT OF A, UM, A CHALLENGE TO MEET THOSE REQUIREMENTS BECAUSE IT'S AS IF YOU'RE DOING A FULL UNDERSTORY.
WELL, WE ARE ONLY DOING A PARTIAL UNDERSTORY.
AND AS LIO MENTIONED, EVEN SOME OF THOSE PARTS THAT ARE ENCLOSED, THAT COUNTS AGAINST OUR UNIT SIZE.
SO WE ARE DOING 42.8% UNIT SIZE, BUT WE ARE ACTUALLY COUNTING AREAS IN AN UNDERSTORY THAT NO ONE WILL SEE.
UH, BECAUSE OF THE WAY THAT THE BEAUTIFUL, THE CONTOURS OF THIS PROPERTY AS IT'S SLOPES UP TO SORT OF A ONE STORY FROM THE FRONT AND THEN GETS TO A MORE REAR AREA OF TWO STORIES AT THE BACK, UH, WE HAVE TREMENDOUS SIDE SETBACKS AND REAR SETBACKS TO NOT BE A, ANY, UM, IMPINGEMENT ON
[00:35:01]
OUR NEIGHBORS.SO I JUST WANT YOU TO KEEP IN MIND THAT THE, THE CODE HAS, UM, MANY OF THESE REQUIREMENTS, THEY REALLY ARE GEARED TO A FULL UNDERSTORY, UH, THAT DOES NOT HAVE THIS WONDERFUL DESIGN OF LOW SCALE AT THE FRONT.
AND, UH, STILL MEETING ALL OF OUR STORMWATER DRAINAGE.
ANOTHER ASPECT THAT YOU'LL SEE IS EXTENSIVE GREEN ROOFS, UH, THAT ALSO ASSIST IN THE COLLECTIVE COMPREHENSIVE STORMWATER MANAGEMENT SYSTEM FOR THE PROPERTY.
AND WE HAVE A PRESENTATION IF YOU CAN BRING THAT UP AND I'LL TURN IT OVER TO ROB.
I APPRECIATE YOUR TIME THIS MORNING.
UH, MY NAME IS ROBERT MAUREEN, UH, PRINCIPAL OF DOMO ARCHITECTURE AND DESIGN.
UM, JOINING US VIRTUALLY IS MY PARTNER, FRANCISCO YADO.
OUR OFFICE IS LOCATED AT FOUR 20 LINCOLN ROAD, SUITE 5 0 6.
SO THE PROPERTY IS LOCATED ON THE NORTHERN END OF NORTH BAY ROAD, UH, FACING THE WATERFRONT GENERALLY TO THE NORTHWEST DIRECTION.
IT IS A LARGE LOT, 99,504 SQUARE FEET.
UM, PRETTY MUCH ALL THE WATERFRONT LOSS ON THAT SIZE ARE OVERSIZED LARGE LOTS.
IN DESIGNING THE THE PROPERTY, UH, WE LOOK TO NATURE AND HOW DOES THIS SHAPE THE PLACE, THE BEAUTIFUL PLACE THAT WE LIVE IN.
UM, HOW DOES THE SEA CARVE THE LAND? HOW DOES GROUNDWATER AND, UH, SURFACE WATER GENTLY ERODE THE ROCK BENEATH US? AND HOW DOES THE LANDSCAPE PERMEATE THROUGHOUT THAT BY JUNE? SO THEN WE ENDEAVORED TO CREATE A WARM AND WELCOMING HOME EMBEDDED WITHIN A GARDEN.
UM, ONE THAT IS REC VISUALLY RECEDES INTO YET IS STRUCTURED BY THAT LANDSCAPE.
THIS IS A VIEW FROM THE REAR OF THE PROPERTY, UM, SHOWING THE SOFTLY TAPERED ROOF LINES, UH, LANDSCAPE AT EACH LEVEL, PROVIDING SOFTNESS AND DRAPING OVER THE EDGES, AND THEN THE SOFTLY ROUNDED FORMS AND ACTUAL MATERIALS OF THE ACTUAL WALLS OF THE PROPERTY.
SO INCITING THE HOME ON THE PROPERTY, AS MATT MENTIONED.
UM, IT IS A TWO STORY HOME, BUT THE TWO STORY MASSING OF THE HOUSE IS TOWARDS THE REAR, TOWARDS THE WATERFRONT.
UM, THE FRONT OF THE PROPERTY IS MAINLY ONE STORY.
UM, THE FRONT IS SET BACK 50 FEET, UH, I'M SORRY, 75 FEET, SIX AND A HALF INCHES.
THAT IS 55 FEET MORE THAN WHAT IS THE MINIMUM REQUIREMENT FOR THE ONE STORY FRONT SETBACK.
AND THEN THE SECOND FLOOR OF THE HOME IS SETBACK, 227 FEET FROM THE FRONT PROPERTY LINE.
UM, SO WE HAVE THIS HOME THAT'S BEEN STRETCHED OUT INTO PAVILIONS WITH THIS LARGE SLOPING GREEN ROOF ABOVE, UNIFYING IT IN A GARDEN LANDSCAPE, UM, TO THE SIDE.
YOU KNOW, THE MIDDLE IS A COURTYARD.
THERE'S A COURTYARD GARDEN FOR THE ARRIVAL, UH, TO THE REAR IS A WATERFRONT POOL.
AND THEN WE HAVE ACCESS FROM THAT MORTAR COURT DOWN INTO THE SIDE YARD TO THE UNDERSTORY.
AND THIS IS A VIEW OF THAT SPACE THERE, YOU CAN SEE THE STEPS UP TO THE UP, UH, FIRST FLOOR LEVEL TO THE RIGHT, AND THEN ACCESS TO THE MORTAR COURT, SORRY TO THE UNDERSTORY.
SO LET'S LOOK AT THE UNDERSTORY REAL QUICKLY.
UM, AS MENTIONED, THE PARKING AREA IS GENERALLY OPEN ON BOTH SIDES.
IT'S A DRY VIAL WITH PARKING ON THE OTHER SIDE.
AND THEN WE HAVE FILL TOWARDS THE FRONT AND REAR OF THAT UNDERSTORY PORTION OF THE, OF THE HOME.
UM, THIS IS TO ALLOW FOR THOSE, UM, ELEMENTS THAT ARE WITHIN IT.
WE HAVE WATER FEATURES, WE HAVE SWIMMING POOLS THAT ALL CUT INTO THAT DEPTH.
UH, YOU WOULD NOT BE ABLE TO DO AN OPEN UNDERSTORY BENEATH THOSE AREAS.
YOU WOULD NOT HAVE ANYWHERES NEAR THE REQUIRED HEADROOM TO DO SO.
AND IT ALSO ALLOWS FOR PLANTING OF LARGE TREES AND LANDSCAPE WITHIN THOSE AREAS.
SO IN ADDITION TO THE PARKING, WE HAVE OPEN AIR PARKING.
WE HAVE AN ENCLOSED GARAGE FOR A FEW VEHICLES TO KEEP 'EM OUT OF THE SALT AIR.
UM, THE CODE DOES ALLOW FOR BUILDING ACCESS TO BE ENCLOSED AND UNDER AC THAT'S WHERE ELEVATORS, UH, STAIRS AND THE LOBBIES ASSOCIATED WITH THEM.
AND THEN THE REST IS UNDERSTORY AREAS ON THE UPPER SIDE OF THE DRAWING HERE, UM, THAT'S CALLED THE NORTH SIDE.
UM, AND THOSE ARE PLACED BENEATH THE, UH, PAVILIONS ABOVE, BENEATH THE GUEST HOUSE AND BENEATH THE WELLNESS PAVILION.
AND WE'RE ENCLOSING THOSE FOR STORAGE.
AS MENTIONED, WE PREPARED A QUICK DIAGRAM TO EXPLAIN THE TRANSITIONS, 'CAUSE I KNOW THERE'S A LOT GOING ON WITH THIS HOUSE AND HOW TO ACCESS IT.
SO WHEN YOU COME OFF OF NORTH BAY ROAD IN THE MAIN DRIVEWAY, IT SLOPES UP GENTLY TO THE ACCESS, THE MAIN FIRST HABITABLE FLOOR OF THE HOME.
IT'S FOR EASE OF TRANSITION, YOU WANNA BE ABLE TO PULL UP TO YOUR FRONT DOOR.
UM, WE'LL TALK MORE ABOUT THAT LATER WHEN I GET TO THAT FLOOR.
UM, BUT YOU PEEL OFF TO THE LEFT, IT GOES DOWN TO THE SIDE YARD AND ACCESS TO THE UNDERSTORY CIRCULATES THROUGH, THEN BACK OUT ALONG THE NORTH SIDE, UH, ALONG THE DRIVE AISLE THERE.
SO AGAIN, THIS, THIS FIELD ON OTHER SIDE ALLOWS FOR, FOR THE PROGRAM USES THERE THE POOLS, THE TERRACE SCENE, UM, AND LANDSCAPE.
AND THEN OFF THE PADDLE COURT IN THE FRONT, UM,
[00:40:01]
OF THE WELLNESS PAVILION, WE HAVE THE FIELD THERE TO SUPPORT THE PADDLE COURT ABOVE AND HAVE SORRY, ACCESS FROM THAT, UM, JIM PAVILION DIRECTLY OUT.SO WE PREPARED A QUICK, A FEW QUICK VARIANCE DIAGRAMS. THIS SHOWS IN RED, UH, BECAUSE OF THAT FILL, WE NEED TO HAVE STRUCTURAL ROUTINE WALLS INSTEAD OF BREAKAWAY WALLS THAT WOULD BE REQUIRED PER THE PARAMETERS OF THAT SECTION OF THE CODE.
OBVIOUSLY YOU CAN'T HAVE WAVE ACTION COME THROUGH AND KNOCK OFF THE WALLS, AND THEN, YOU KNOW, THERE'S NOTHING SUPPORTING THAT EARTH BEHIND IT.
UM, WE ALSO HAVE STRUCTURAL ELEMENTS OF COLUMNS TO SUPPORT THE HOME ABOVE.
UM, THE AREA HIGHLIGHTED IN BLUE IS BENEATH THE WELLNESS PAVILION.
IT'S JUST GONNA BE A LAB POOL.
IT'S KIND OF VISION TO BE A GROTTO LAKE SPACE.
UM, AND THEN BEIGE, OUR STORAGE ROOMS AND THE OWNER'S GARAGE, UH, THAT WE ARE ASKING FOR TO BE UNDER AC IN ORDER TO, UM, YOU KNOW, PREVENT MILDEW AND, AND CORROSION FROM THE SALT AIR.
SO JUST, JUST TO CLARIFY A FEW THINGS.
THE BLUE POOL AREA, THAT'S THE SINGLE RECREATIONAL USE AREA THAT WE'RE LOOKING TO HAVE ENCLOSED, RIGHT? YOU CAN HAVE THAT IN THE UNDERSTORY AREA.
IT'S JUST, UH, THE NATURE OF THIS IS TO, UM, HAVE THAT BE AS, UH, AN APPROPRIATE PROTECTED AREA.
AND WHERE WE'VE LOCATED IT, AGAIN, THIS IS THIS ENTIRE, ALL THE, THE GRAY AREA THAT YOU'RE SEEING IN THE CENTER.
AND RIGHT SIDE OF THIS DRAWING IS REALLY THE MAJORITY OF THE FIRST FLOOR, ONLY OF THE HOME ABOVE.
SO AGAIN, THE UNDERSTORY IS MEANT TO TRY TO PREVENT A THREE STORY APPEARANCE.
AND SO THAT IS WHERE WE ARE, UM, KEEPING THAT SCALE AND MASSING DOWN FOR A VAST MAJORITY OF THE PROPERTY.
UM, SOME OF THE, UH, GARAGE AREA IS ALLOWED TO BE ENCLOSED.
UH, THE CODE DOES HAVE A, UH, AMOUNT OF SQUARE FOOTAGE TO ALLOW FOR ENCLOSED GARAGE, UH, AND STORAGE.
AND WHERE YOU ARE ABOVE THAT SQUARE FOOTAGE, AS I MENTIONED, THEN THESE BROWN AREAS ARE, WE HAVE TO COUNT THEM TOWARDS OUR UNIT SIZE, EVEN THOUGH THEY DON'T ADD TO THE MASSING ABOVE.
BUT THAT'S EXCI PRECISELY WHAT WE'RE REALLY TRYING TO PREVENT.
AS ALIA WAS ALSO MENTIONING THAT WE ARE WELL BELOW NOT EVEN 43%, UH, OF UNIT SIZE.
AND THE HOME ABOVE IS ACTUALLY LOWER THAN THAT BECAUSE WE'RE COUNTING AREAS DOWN HERE THAT ARE ENCLOSED BECAUSE THAT'S HOW THE ZONING RULES WORK.
BUT IT HELPS TO KEEP THE MASSING OF THE HOME, UH, MUCH SMALLER UP ABOVE.
AND THEN AS WE GO TO THE NEXT ONE, YOU KNOW, THE FILL ITSELF, UH, CAN BE, UM, INCLUDED INTO YOUR STORMWATER DRAINAGE, RIGHT? THE WATER WILL HAVE TO DRAIN DOWN INTO THE GROUND IN MANY PLACES.
UH, JUST HAVING FREE FLOWING WATER IN AN UNDERSTORY LEVEL, THE WATER STILL HAS TO GO SOMEWHERE AND YOU'RE REQUIRED TO KEEP A HUNDRED PERCENT OF IT ON YOUR PROPERTY.
SO EVEN THOUGH FLOW OF, UH, WATER CAN GO THROUGH AND WE, IF WE COULD KEEP THE PRESENTATION UP, WE'RE GONNA KEEP GOING IN A MINUTE.
UM, THAT WATER STILL NEEDS TO HAVE, YOU KNOW, DRAINAGE AND PERCOLATION DOWN INTO THE GROUND.
AND SO THE FILL AREAS WILL HELP TO BE A, AGAIN, A COMPREHENSIVE PLAN TO DO THAT.
SO, UH, AS IF IT'S A, ESSENTIALLY, LET'S SAY I'M SAYING IT'S A PARTIAL SORT OF, WE'RE LIKE DOING A HYBRID WHERE THE FRONT HALF OF THE HOME IS REALLY MORE OF A HOME THAT WOULD BE BUILT MOSTLY WITHOUT AN UNDERSTORY.
IT HAS TO MEET THE STORMWATER REQUIREMENTS.
WE ARE BENEFITING FROM HAVING THAT IN OUR PART OF OUR DESIGN.
AND SO IT'S THE GARAGE AREA THAT IS SORT OF THE TRADITIONAL, UH, UNDERSTORY REQUIREMENT.
IT IS UNDER THE TWO STORY PORTION.
AND, AND, AND POOLS ARE A ALLOWED USE IN AN UNDERSTORY.
WE'VE DONE IT AT TWO HOMES, ONE AT TWO 20 SAN MARINO AND ONE AT EIGHT 30 WEST TOLEDO.
UM, IN ADDITION, AS PRECEDENTS IN, UM, 2016, WE WENT BEFORE THE BOARD OF ADJUSTMENT FOR A HOME LOCATED AT 10 11 12 STARLAND DRIVE.
AT THE TIME, UNDERSTORY REGULATIONS WERE NOT IN THE CODE.
UM, BUT WE RECEIVED APPROVAL FOR A HOME THAT HAD A 54 CAR GARAGE, UM, I DON'T WANNA CALL IT A BASEMENT, BUT IT WAS BUILT AT GRADE AND THEN COVERED WITH EARTH SIMILAR TO THIS.
UM, AND THEN THAT HOME WAS RELOCATED TO LOTS FOUR, FIVE, AND SIX STAR ISLAND DRIVE AS AN UNDERSTORY HOME IN 2022.
RECEIVED APPROVAL FROM THE DESIGN REVIEW BOARD FOR THE SAME VARIANCES FOR THE 50% OPEN ON THE SIDES, AS WELL AS THE FIVE FOOT UNDER STORY EDGE SETBACK.
AND THEN AGAIN, YESTERDAY WE RECEIVED UNANIMOUS APPROVAL FOR THE MODIFICATION TO THAT SAME APPLICATION.
THIS DIAGRAM SHOWS THE FIVE FOOT UNDERSTORY EDGE SETBACK.
UM, THE BEIGE COLOR INDICATES THE, UM, ENCLOSED SPACE OF THE FLOOR ABOVE.
AND THEN BY CODE YOU NEED TO HAVE A FIVE FOOT SETBACK WITHIN THAT TO ALLOW FOR OPPORTUNITIES FOR ADDITIONAL LANDSCAPING AND, UH, STORM WATER MANAGEMENT BY, BY CONTRAST.
SO THAT REQUIRED AREA, WE DID A QUICK STUDY
[00:45:01]
IN GREEN IS 4,931 SQUARE FEET.UM, NOTE THAT WE ARE PROVIDING A LOT OF PREVIOUS AREA ON THE PROPERTY.
OUR FRONT AND REAR YARDS ARE WELL ABOVE THE REQUIREMENT FOR PREVIOUS AREA.
AND THEN WE'RE PROVIDING OVER 30,000 SQUARE FEET OF GREEN ROOF ON THIS PROJECT, WHICH IS NOT NORMALLY YOU DON'T SEE IN HOMES.
UM, THIS GREEN ROOF WILL, YOU KNOW, HELP WITH, UM, ABSORPTION OF WATER AND ALSO PERCOLATION IF IT'S A REALLY HEAVY STORM EVENT.
UM, SO IT REALLY OVER SIX TIMES THE REQUIREMENT THAT WOULD BE PROVIDED BY THAT FIVE FOOT HUNDRED STORY EDGE, RIGHT? SO THOSE GREEN ROOFS ARE PROVIDING WELL OVER 30% LOT COVERAGE.
SO THERE'S SIGNIFICANT COVERAGE OF THE, THE FOOTPRINT OF THE LOT.
THEY JUST HAPPEN TO BE, UH, ELEVATED, BUT CAN BE INCORPORATED THROUGH, UH, A COMPREHENSIVE STORMWATER SYSTEM.
SO LET'S LOOK AT THE FIRST FLOOR OF THE HOME.
THE INTENT OF THIS WAS TO REDUCE THE MASSING ON THE PROPERTY.
UM, SO WE HAVE, AS YOU COMING UP THE DRIVEWAY, YOU ARRIVE IN A MOTOR COURT, THERE'S AN OPEN BREEZEWAY TO THE WATERFRONT SO THAT IF YOU'RE ENTERTAINING, PEOPLE CAN ACCESS THE REAR YARD WITHOUT HAVING TO GO THROUGH YOUR HOME.
UM, THE MAIN HOME IS ON THE NORTHWEST CORNER, AND THEN WE HAVE A SEPARATE PAVILION FOR ENTERTAINMENT TO THE BOTTOM LEFT.
AND THEN THE OTHER PAVILIONS ARE A TWO BEDROOM GUEST HOUSE AND THE NORTHERN SIDE IN THE MIDDLE, AND THEN A GYM PAVILION ON THE RIGHT NORTH EAST SIDE, THE UPPER RIGHT CORNER.
UM, AND THEN A SMALL STAFF, UH, PAVILION, A MECHANICAL PAVILION ON THE BOTTOM RIGHT CORNER.
THE PURPOSE OF THIS IS TO ALLOW FOR, YOU KNOW, PASSIVE COOLING, PREVAILING BREEZES TO FLOW THROUGH THE HOUSE.
YOU DON'T HAVE A LONG EXPANSIVE WALL TO THE SIDE YARDS INTO THE NEIGHBORING PROPERTIES.
IT'S BROKEN UP INTO THE SMALLER PAVILIONS.
UM, THEN TO UNDERSTAND THE CIRCULATION, YOU ARRIVE UP FROM THE MAIN DRIVEWAY AT THIS FIRST HALF OF THE FLOOR OF THE HOME, GIVES YOU EASE OF ACCESS TO THE FRONT DOOR THROUGH THAT GARDEN JUST TO THE NORTH OF IT, UM, AS WELL AS TO THE GUEST PAVILION AND TO THE GYM.
AND THEN FROM THE HOME TO THE REAR YARD, YOU, YOU CAN STEP OUT OF YOUR HOUSE TO THE POOL LEVEL, THEN DOWN TO THE WATERFRONT.
REAR YARDS ARE ALLOWED BY CODE TO BE UP THE LEVEL OF BASE FLOOD, PLUS FIVE TO WHICH IS ESSENTIALLY THE LEVEL OF THE, OF THE HOUSE.
MR. CHAIR, WE'RE, WE'RE ABOUT AT OUR END OF OUR TIME.
MAY WE PLEASE DO 10, 10 MORE MINUTES OR FIVE MINUTES PROBABLY, YEAH, LET'S, WE'LL DO 10 AND THEN WE'LL GET THERE.
SO THIS OF VIEW FROM THAT MORTAR COURT ARRIVAL, THE BREEZEWAY PASSAGE TO THE WATERFRONTS, THE MAIN ENTRANCE TO THE HOME, TO THE RIGHT LOOK INTO THE RIGHT TO THE GUEST HOUSE.
THERE'LL BE A GARDEN HERE, LLY PLANTED.
AND THEN THE SECOND FLOOR OF THE HOME CONTAINS THE PRIVATE LIVING SPACES, THE BEDROOMS, UM, AND AN OFFICE.
AND CIRCULATION WISE, THIS, UH, YOU KNOW, THE GARDEN MERGES WITH THE ARCHITECTURE SWEEPING UP IN THIS GREEN ROOF, DRAPING THE GROUND FLOOR AND IN THIS DECADENT GARDEN WITH PATHWAYS AND, UM, OPPORTUNITIES FOR OUR INSTALLATIONS AND ALSO ACCESS FROM THE HOME TO THIS GARDEN SPACE.
AND THEN THE ROOFTOP, WE HAVE A TERRACE WITH A CANOPY PROVIDING SHADE AND A GREEN ROOF UP THERE AS WELL.
SO WE HAVE THIS LAYERED LANDSCAPE WITH AN ENTIRE PROPERTY ON EVERY LEVEL.
LOOKING AT THE ELEVATIONS, THIS IS FROM THE FRONT, FROM THE STREET, INSIDE THE FRONT WALL, YOU CAN SEE THE, UH, GREEN ROOF, UH, SLOPING UP ON THE LEFT, THE PASSAGE UNDERNEATH THAT GREEN ROOF TO THE MORVA COURT TO DROP OFF.
THEN ON THE RIGHT IS THE PADDLE CORD AND CHIMP PAVILIONS STEPPING BACKWARDS FROM THAT TO THE STREET.
THIS PROVIDES, YOU KNOW, THE REALLY HEAVY LANDSCAPE BUFFER IN THE FRONT WHERE YOU WON'T EVEN SEE THE HOUSE.
THEN STEPPING FORWARD TO THAT COURTYARD, LOOKING AT THE HOME FROM THE FRONT, THE STEPS DOWN TO THE SIDE YARD AND THE ONE PORTION OF THE ENCLOSED UNDER STORY ON THE RIGHT HAND SIDE UNDER THE GUEST STRUCTURE.
THEN TURNING AROUND, LOOKING BACK TOWARDS THE ENTRYWAY OF THE GYM AND THE STAFF PAVILION.
AND THEN LOOKING AT THE SIDES, THE TOP, UM, ELEVATION IS THE COMPLETE ELEVATION.
THEN I BLOW IT UP, UM, TWO SLIDES TO SHOW YOU ENLARGEMENT.
UM, THE UNDERSTOOD IS REALLY ONLY VISIBLE IN THE ONE PORTION WHERE THE GARAGE ENTRANCE IS AT THE REAR.
WE HAVE TERRACE LANDSCAPE STEPPING DOWN TO THE WATERFRONT.
UM, AND THEN YOU MOVE TOWARDS THE FRONT, YOU HAVE THE, THE STEPS GOING UP IN THE MORTAR COURT, AND THEN THE GARDEN ROOF LINE COMES DOWN.
SO FROM THE STREET IT REALLY APPEARS AS A ONE STORY HOUSE WITH A TWO STORY WELL BACK FROM THE STREET AND FRANKLY WOULDN'T BE VISIBLE WITH THE LANDSCAPE.
AND THEN ON THE OTHER SIDE, THE SAME THING.
THE FRONT BENEATH THE JIM PAVILION, WE DO HAVE AN ACCESS TO THAT, UM,
[00:50:01]
GRO POOL BELOW.AND THEN AT THE REAR, YOU KNOW, STEPS DOWN TO THE, UM, FROM THE REAR YARD TO THE SIDE YARD.
AND THEN YOU HAVE THE ACCESS TO THE GARAGE.
AND THEN FROM THE WATERFRONT, THE UNDER STORY'S NOT EVEN VISIBLE.
IT'S ALL JUST CHAIRS LANDSCAPE UP TO THE HOME.
THAT CONCLUDES OUR PRESENTATION.
UM, IF YOU HAVE ANY QUESTIONS, HAPPY TO TAKE 'EM ON LANDSCAPE ARCHITECTURE AS WELL.
LET'S GO AHEAD AND OPEN UP FOR PUBLIC COMMENT.
IS THERE ANYONE HERE ON THE CHAMBERS OR ON ZOOM? IF YOU'RE ON ZOOM, PLEASE RAISE YOUR HAND.
I'M GONNA GO AHEAD AND OPEN IT UP TO THE BOARD, UH, FOR QUESTIONS.
UM, THANK YOU FOR, YOU KNOW, FOR THE VACCINATION, IT'S, YOU KNOW, A LITTLE BIT OF A, YOU KNOW, DIFFERENT, DIFFERENT FOR US.
I DON'T KNOW WHICH ONE WAS BETTER.
THIS ONE OR THE ONE ON STAR ISLAND, RIGHT?
BUT, UM, I'M OPEN IT UP TO ANY QUESTIONS FROM THE, FROM THE BOARD THROUGH THE CHAIR.
MISS OVERMAN, DID YOU, THE ONE QUESTION I HAVE IS IF, BECAUSE IT'S AN UNDERSTORY HOUSE, DOES THAT MEAN IT COULD BE HIGHER, LIKE HEIGHTWISE OVERALL? YES, THE CODE, UM, AUTHORIZES AN EXTRA THREE FEET FOR UNDERSTORY HOMES.
SO IT'S, IT'S THREE FEET HIGHER.
I DON'T THINK I, I DIDN'T CLOSE PUBLIC COMMENT.
I OPENED IT AND I DIDN'T CLOSE IT.
DID I, I THOUGHT YOU GOTTA FOLLOW PROTOCOL.
YOU KNOW, I ONLY HAVE THREE MORE MONTHS LEFT.
UH, CAN YOU LOOK AT THE ROOF PLAN OF THE MAIN HOUSE? COULD YOU BRING THE PLANS BACK UP PLEASE? I WOULD LIKE TO KNOW THAT THE STAIR THAT GOES UP THERE, UM, IS THAT AN ENCLOSED STAIR? NO, BY CODE IS NOT ALLOWED TO BE ENCLOSED AT THE ROOFTOP LEVEL.
SO AT THE SECOND FLOOR BELOW, THERE'LL BE A DOOR YOU OPEN UP, RIGHT? YOU STEP OUT, IT'LL BE A DRAIN IN THE FLOOR.
SO, BUT IT'S COMPLETELY COVERED.
THERE'S NO, UM, GLASS VOLUME ENCLOS IN THAT STAIR RIGHT ON THE OTHER LEVEL.
IT'S OPEN AIR OPEN TO THE, TO THE AIR.
LOOKS LIKE A VERY WELL PLANNED OUT DESIGN.
AND UH, IT'S TOUGH TO GET THAT LARGE OF A, A HOUSE THAT'S WITH A FLAT ROOF, BUT, UH, YOU SEEM TO HAVE AT LEAST PUT SOME ARTICULATION ON THE ROOF.
YOU DON'T SHOW A RENDERING FROM LIKE ABOVE MM-HMM
IT'S GONNA BE ALL GARDEN BASICALLY.
IT'S TOO BAD YOU DIDN'T DO THAT.
WOULD'VE LIKED TO SEE MORE ARTICULATION UP THERE.
OTHER QUESTIONS? UM, BE BEAUTIFUL, BEAUTIFUL DEVELOPMENT.
UM, I'M JUST TRYING TO UNDERSTAND.
AND IT'S REALLY COOL, YOU KNOW, SO IN THE UNDER, UNDER STORY YOU'VE GOT 26 PARKING SPOTS, RIGHT? UM, AND THEN THE, THE FOUR CAR GARAGE IS SEPARATE, KIND.
HOW DO YOU GET, I'M TRYING, IF YOU CAN PUT THAT SLIDE BACK UP.
I JUST, I JUST WANT TO, I'M JUST CUR I WANNA KNOW HOW DOES IT WORK? LIKE IF YOU'RE COMING IN OFF NORTH BAY ROAD AND YOU WANT TO TAKE A CAR AND GET INTO THOSE PARKING SPOTS, I JUST WANT TO KIND OF SEE THE FLOW.
CAN YOU, WHICHEVER PICTURE YOU FEEL IS THE RIGHT ONE THAT WILL, I JUST WANT TO BETTER UNDERSTAND, HOW DO YOU GET THE CARS DOWN THERE? UM, SO IF YOU LOOK AT THE, THE ISH YELLOW, THAT'S ARROWS THAT INDICATES THE CIRCULATION.
SO YOU COME OFF OF NORTH BAY ROAD, EITHER THROUGH THE MAIN ENTRANCE OR THROUGH THE SERVICE DRIVE ON THE NORTHERN END CIRCULATE TO THE LEFT.
'CAUSE THE MAIN ONE GOES UP, IT GOES DOWN TO THE SIDE YARD, THEN THROUGH THE UNDERSTORY AND BACK OUT THE OTHER SIDE.
SO IT'S COMPLETELY OPEN THAT PARKING AREA ON THE, ON THE SIDE YARDS, THE NORTH AND SOUTH SIDE.
AND, AND THERE'S GONNA BE PARTIAL AIR CONDITIONING DOWN THERE.
THAT'S, I KNOW THAT'S ONE OF THE VARIANCES IN THE GARAGE.
THAT'S, THAT'S ONE OF THE YEAH, IT'S A LOT FOR, UH, WE'RE REQUESTING IT FOR THE GARAGE AND IT'S PERMITTED BY CODE FOR THE LOBBY THAT GOES FOR THE ELEVATOR AND STAIR.
KEEP IN MIND THERE'S GONNA BE A LOT OF SERVICE VEHICLES AND LANDSCAPE VEHICLES THAT SERVICE THESE PROPERTIES.
SO WE'RE TRYING TO KEEP 'EM OFF THE STREET AND ONTO THE PROPERTY, BUT ALSO HIDING IT SO IT'S NOT PARKED ALL OVER THE YARD.
THE OWNER'S GOT, HAS A FOUR CAR GARAGE THAT'S ENCLOSED WITHIN THE GARAGE.
'CAUSE 'CAUSE IT'S AN OPEN AIR PARKING AREA, WE NEED TO PROVIDE TEMPERATURE CONTROL AND STUFF LIKE THAT FOR THE REALLY NICE CARS TO BE PROTECTED.
YEAH, THIS IS FOR THE APPLICANT OR REPRESENTATIVES.
PLEASE EXPLAIN THE INTERPLAY BETWEEN THESE VARIANCE REQUESTS AND THE MIAMI BEACH RISING ABOVE CAMPAIGN.
WELL, UNDERST STORIES, UM, ARE MEANT
[00:55:01]
TO EXACTLY DO THAT, RIGHT? TO BRING IN RESILIENCY INTO, UM, SINGLE FAMILY HOME DESIGN.UH, AND THEY DO THAT ON A VARIETY OF DIFFERENT WAYS.
THE PARKING AREA, WE WERE JUST LOOKING AT AS A, AS A PERFECT EXAMPLE OF THAT WHERE YOU HAVE OPEN FLOW OF WATER THROUGH THAT LOWER AREA.
UH, BECAUSE, AND IT'S, IT'S NOT A, YOU KNOW, UH, AN AREA THAT, UH, IT IS AN AREA THAT CAN ACCOMMODATE THAT WATER FLOW, UM, TO HELP WITH ANY STORM SURGE, ESPECIALLY FOR WATERFRONT PROPERTIES.
UM, THE, UH, OTHER PART OF, UH, THESE VARIANCES ARE, AGAIN FOR STORM WATER COLLECTION AND MANAGEMENT.
UM, THERE ARE AREAS THAT CAN BE, UH, UTILIZED NOT JUST FOR THE FLEET FLOW OF WATER, BUT WHERE YOU HAVE, YOU KNOW, A NEED FOR PERCOLATION INTO THE GROUND.
AND AS I MENTIONED BEFORE, THE, UH, THE LOWER AREAS AT THE FRONT THAT DO NOT HAVE, UM, ACTUAL, UH, UNDERSTORY AREAS, RIGHT? WHERE THAT'S NOW JUST A FREE FLOW OF WATER.
THOSE ARE NOW AREAS THAT CAN HELP WITH THE COLLECTION OF WATER.
AGAIN, TO MAINTAIN WATER, EVERY PROPERTY OWNER HAS TO KEEP ALL STORM WATER THAT FALLS ON THEIR PROPERTY, YOU KNOW, CONTAINED WITHIN THEIR OWN PROPERTY.
SO THIS IS HOW THIS PROPERTY CAN, UH, ACHIEVE THAT.
UH, EVEN WITH A FEW DEVIATIONS, UH, BASED ON, AGAIN, THE UNIQUE DESIGN THAT WE'VE PRESENTED BEFORE, YOU, YOU CAN BUILD A HOME UP TO BASE FLOOD PLUS FIVE WITH NO UNDERSTORY.
UM, SO THIS IS REALLY A HYBRID BETWEEN THAT AND AN UNDERSTORY HOME.
HOW DOES THE WATER GET INTO THAT LARGE COLLECTION SPACE UNDERNEATH WITH THE SOLID WALLS? WELL SURFACE DRAINAGE FROM ABOVE FROM THE GARDEN.
IT'S EARTH, EARTH BUILT, RIGHT? WE HAVE VERY SIGNIFICANT SIDE SETBACKS THAT'LL HELP COLLECT THE WATER.
SO IT'S THE, THAT THAT ITSELF IS, WILL BE DESIGNED TO NOT HAVE TO GO FULLY INTO THAT AREA.
WHAT WE'RE TALKING ABOUT IS THAT ALSO WATER'S FALLING, YOU KNOW, RAIN WATER THAT WILL BE ABLE TO BE COLLECTED AT MULTIPLE LEVELS RIGHT.
THROUGHOUT THE ENTIRE PROJECT.
THIS, THIS ACTUALLY HAS, YOU KNOW, UH, UH, ALMOST 70% OF THIS, IF YOU JUST LOOK AT IT FROM A TOP DOWN, ALMOST 70% OF THE PROPERTY IS GREEN OPEN PURVIEW SPACE, RIGHT? ABLE TO COLLECT WATER.
THAT'S, UH, MUCH MORE SIGNIFICANT THAN, YOU KNOW, MOST HOMES HAVE BY FAR.
RIGHT? UH, IF WE WERE MAXING OUT, UM, YOU KNOW, UH, YOU COULD HAVE 50% OF THIS LOT IF IT WAS A COMPLETE ONE STORY, YOU KNOW, HOME.
AND SO WE'RE, YOU CAN HAVE UP TO 70 PER 70% OPEN SPACE.
UM, BUT YOU HAVE, YOU KNOW, OTHER RECREATIONAL AREAS.
MANY OF THOSE ARE COVERED IN THIS WITH GREEN ROOFS.
SO THAT'S WHERE WE HELP TO OFFSET.
ESSENTIALLY THE INTENT OF THE STORM WATER DRAINAGE PROVISIONS THROUGH THE UNDERSTORY REGULATIONS ARE NOW, UH, EXCEEDED BY THE DESIGN, UH, AND ADDITIONAL OPEN SPACE AREAS.
AND ALL WATER IS RETAINED ON SITE.
NOTHING GOES OUT ONTO THE STREET.
YOU'RE NOT ALLOWED THAT BY CODE.
ANY, ANY OTHER QUESTIONS? I JUST WANNA SAY THAT'S VERY IMPRESS THE PROJECT AND CONGRATS.
SO IF THERE'S NO OTHER QUESTIONS, UM, AS MR. MADDEN EXPLAINED EARLIER, YOU KNOW, I WAS DEBATING WHETHER OR NOT TO DO THESE VARIANCES SEPARATELY.
UM, BUT I I DON'T THINK THAT MAKES SENSE BECAUSE THEY ALL KIND OF FALL IN LINE WITH EACH OTHER.
UM, IF WE, UH, IF ONE, IF I DID THAT WAY, IF ONE DIDN'T PASS, IT COULD REALLY MUDDY UP THE PROJECT.
SO, UM, I I'M FINE IF, IF THE BOARD CONCURS, YOU KNOW, IF ANYONE WANTS TO PUT A MOTION OUT THERE, I DON'T THINK WE SHOULD SEPARATE THEM.
I THINK THE APPROVAL SHOULD BE FOR ALL AS STATED.
UH, AND AS STAFF RECOMMENDED, IF ANYBODY WOULD WANNA PUT THAT MOTION ON THE FLOOR, I'LL ENTERTAIN THAT.
I'D MOVE TO APPROVE ALL THE VARIANCE SOUGHT.
CONGRATULATIONS AND GOOD LUCK WITH THE PROJECT.
THANK YOU VERY MUCH MR. KNIGHT.
UM, SO, UH, OUR NEXT MEETING IS OCTOBER 17TH.
UH, WE DO HAVE FOUR ITEMS. UM, WE DON'T HAVE AN APPEAL.
THE APPEALS JUST KEEP MOVING FORWARD.
UM, SO, UH, FOUR ITEMS. SO, YOU KNOW, SHOULD, SHOULD BE AN HOUR AND A HALF OR SO.
UH, TWO, UH, MR. MENDEN, ANYTHING ELSE THAT WE SHOULD MENTION OR MR. STATE ATTORNEY? WHAT'S THE DATE? WHAT'S THE DATE? SAY THE DATE AGAIN.
JUST GOING BACK TO THE, UM, PRIOR HEARING ON THE NORTH BAY ROAD PROPERTY WITH THE ELL COURT THAT WAS BUILT, UH, THE SIX INCHES.
UH, THE REASON THAT IT CAME TO THE PLANNING DEPARTMENT OR TO THE BUILDING DEPARTMENT GUYS, GUYS, THESE, THERE WAS A COMPLAINT THAT WAS LODGED, UM, AGAINST THE PROPERTY, UH, FOR CONSTRUCTING THE PADELL COURT OVER AN EXISTING SWIMMING POOL.
SO THE FIRST VIOLATION WAS ISSUED FOR ACCESS BECAUSE THE PROPERTY OWNER WAS NOT PERMITTING, UH,
[01:00:01]
ACCESS TO THE PROPERTY.AND THAT WAS BA 2 4 0 0 4 9 9.
AS A RESULT OF OBTAINING ACCESS, THE BUILDING DEPARTMENT WAS ABLE TO VERIFY THAT NO PERMITS WERE USED TO FILL IN THE SWIMMING POOL AS WELL AS CONSTRUCT THE NEW STRUCTURE.
SO THAT, UH, WAS GIVEN BVC 24 0 0 1 3 21 AND IT WAS ISSUED ON MARCH 13TH, 2024 TO THE PROPERTY OWNER.
YEAH, THAT'S WHY I THINK I SAID IT BEFORE, NOT TO REHASH IT JUST, IT, IT, IF BEHOOVES ME THAT A CONTRACTOR THINKS IT CAN GO INTO THE CITY OF MIAMI BEACH AND, AND, AND A PROPERTY LIKE THAT AND CONSTRUCT SOMETHING AND THINK, AND THINK YOU CAN GET AWAY WITH IT.
YOU KNOW, AGAIN, I I THINK THE BOARD, WE ALL AGREED, YOU KNOW, THAT THAT CONTRACTOR SHOULD BE FLAGGED ON ANY OF HIS PROJECTS TO MAKE SURE THERE'S ADDITIONAL DUE DILIGENCE.
IT'S, IT'S JUST, IT, IT, IT'S WRONG.
IT, IT'S, IT WASN'T A SMALL THING.
IT WAS A HUGE, YOU KNOW, WHEN I HAD MY AGENDA REVIEW WITH MR. BATON YESTERDAY, IT'S THE FIRST THING I I BROUGHT UP.
I GO, YOU KNOW, HOW CAN A CONTRACTOR, IT'S DO THAT AND NOT PULL THE PERMIT? IT IT'S REALLY BAD.
NO, TO ME, YOU KNOW, AN DEAL, YOU KNOW, WE DO RESIDENTIAL CONSTRUCTION LENDING.
SO I DEAL WITH, YOU KNOW, THAT IS LIKE AN UNSCRUPULOUS CONTRACTOR AND HE'S NOT DOING THE RIGHT THING FOR HIS CLIENT BECAUSE, YOU KNOW, YOU CAN IMAGINE WHAT THE CLIENT PAID TO HAVE THAT STRUCTURE BUILT.
IT WAS PROBABLY IN THE HUNDREDS OF THOUSANDS OF DOLLARS IN THE SWIMMING POOL.
SO YOU HAVE TO ALSO DEMOL THE, SO IT MAKES NO SENSE BECAUSE IT WAS SIX INCHES.
WHY ARE YOU GONNA TRY AND SQUEAK BY? IT MAKES ABSOLUTELY NO SENSE.
AND YOU KNOW, I, IT KIND OF BOTHERS ME THAT SOMEONE WOULD DO THAT TO THEIR CLIENT 'CAUSE THEY DIDN'T DO THE RIGHT THING.
I MEAN OBVIOUSLY THE CLIENT MAYBE SHOULD HAVE KNOWN TOO ON BOTH SIDES.
UNLESS IT WAS AN ABSENTEE ODOR AND THEY JUST PROVIDE YEAH, YEAH.
ANYWAY, BECAUSE IN SOME OF THE COUNTRIES THAT AT LEAST I SEE VIOLATIONS, MOST PLACES DON'T REQUIRE PERMITS.
SO THEY JUST THINK THAT THEY CAN DO IT.
I MEAN, I SEE THAT ON INTERIOR REMODELS OF APARTMENTS DAILY IN FRONT OF THE SPECIAL MAGISTRATE.
UM, BUT THEY GOT, THEY GOT CAUGHT MORE LIKELY THAN NOT BY A NEIGHBOR WHO ALL OF A SUDDEN REALIZED THERE WASN'T A SWIMMING POOL THERE.
WELL LISTEN, I'M SURE HOPEFULLY THEY GOT THE MESSAGE.
AND LAST THING I SAID WHEN WE APPROVED, I SAID THEY GOT LUCKY THIS TIME.
YOU KNOW, I DIDN'T KNOW ANY OTHER WAY TO KIND OF PHRASE IT.
SO, UM, ANY OTHER COMMENTS OF GOOD AND WELFARE? YEAH, JUST 'CAUSE WE'RE TALKING ABOUT THIS TOPIC.
UM, SO I, I'M JUST SEEING THESE TWO DIFFERENT THINGS.
THERE'S THE ISSUE OF NOT GETTING A PERMIT, WHICH I AGREE AND ADOPT YOUR POSITION 1000%.
BUT THEN I THINK SEPARATE APART FROM THAT WAS THE ACTUAL VIOLATION, WHICH WAS SIX INCHES.
I JUST WANTED TO DELINEATE THAT.
I THINK THOSE ARE TWO SEPARATE ISSUES.
AND I MEAN I YEAH, AGREE WITH, TO REITERATE WHAT YOU SAID.
I MEAN, THE APPROVAL WAS BASED ON THE FACT THAT IT'S DI MINIMUS, RIGHT? YEAH.
BECAUSE IF IT WAS A BIG VARIANCE AND THEY DIDN'T GET A PERMIT AND THEN THEY DID IT, I'M NOT SURE THAT YEAH, WE ALL WOULD'VE
BUT THE FACT HOW WE GOT THERE AND THAT A PERMIT WASN'T, WASN'T PULLED TO, TO, TO BUILD SOMETHING OF THAT MAGNITUDE JUST IS JUST, IT'S JUST WRONG.
YOU KNOW? I MEAN, WE'VE DONE A LOT OF AF AFTER THE FACT VARIANCES AND THEY'RE TYPICALLY MINOR STUFF.
BUT THIS, I MEAN, YOU GUYS SAW THE PICTURE OF THAT, OF THAT.
IT'S JUST LIKE, IT'S, IT'S SIGNIFICANT.
ANY, ANY OTHER GOOD WELFARE GUYS? THANK YOU SO MUCH.
APPRECIATE ALL YOUR EFFORTS AND MOTION TO ADJOURN.