[00:00:01]
ONE.GOOD MORNING EVERYBODY, AND WELCOME
[ATTENDANCE]
TO THE FRIDAY, OCTOBER 17TH BOARD OF ADJUSTMENT MEETING HERE AT CITY HALL.I HOPE EVERYBODY IS DOING WELL.
UM, LET'S GO AHEAD AND GET STARTED.
UH, WE HAVE SIX OR SEVEN, BUT LET'S GO AHEAD AND TAKE FORMAL ATTENDANCE.
MR. UH, MADDEN, SO WE HAVE FOR THE RECORD? YES.
WE DO HAVE A QUORUM WITH SIX OF SEVEN MEMBERS PRESENT.
UH, MR. STATE ATTORNEY, CAN YOU PLEASE GIVE THE INSTRUCTIONS FOR THOSE WHO WISH TO PARTICIPATE, UH, VIA ZOOM, AND THEN IF THERE'S ANY UPDATES, AND GO AHEAD AND PROCEED WITH THE SWEARING IN OF THE PUBLIC, PLEASE.
UH, THANK YOU AND GOOD MORNING ALL.
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, 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 WEB WEBINAR ID, WHICH AGAIN IS 8 2 8 6 9 6 1 5 3 0 9.
ANY INDIVIDUAL WISH 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 WHO ARE TESTIFYING TODAY, I'M GONNA READ INTO THE RECORD THE CITY'S, UH, 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 TO THE BOARD.
YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON YOUR BEHALF AND NOT ANY OTHER PARTY, OR IF YOU'RE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR IF YOU ARE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO SUPPORT, UH, EITHER THE ITEM OR OPPOSE THE 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 THEY ARE COMMUNICATING.
IF YOU ARE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR AN OBJECTOR, YOU MUST REGISTER AS A LOBBYIST.
THESE RULES APPLY WHETHER YOU ARE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE.
UH, THERE'S NO, UH, UPDATES, UH, MR. CHAIR.
[SWEARING IN OF PUBLIC]
I'LL SWEAR IN MEMBERS OF THE PUBLIC, UH, FOR THOSE THAT WILL BE TESTIFYING TODAY, IF YOU CAN PLEASE STAND AND 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.
AND FOR THOSE MEMBERS OF THE PUBLIC THAT WILL BE APPEARING VIRTUALLY, I'LL BE SWEARING YOU IN, UH, ONE BY ONE BEFORE YOU ADDRESS THE BOARD.
UH, MR. MAN, DO WE HAVE ANY DISCUSSION ITEMS? WE HAVE NO DISCUSSION ITEMS TODAY? OKAY.
[1. After Action Report – September 12, 2025 ]
THAT WAS SENT OUT TO YOU, YOU HAD THE MINUTES FROM OUR SEPTEMBER 12TH MEETING.HOPEFULLY YOU HAD A CHANCE TO TAKE A LOOK AT THOSE.
UM, IF THERE'S NO CHANGES AND EVERYTHING LOOKS GOOD, I'LL MOVE TO APPROVE THE MINUTES.
[2. ZBA22-0143, 125-153 Collins Ave. ]
A REQUEST FOR CONTINUANCE AND WITHDRAWALS.UM, AND WE ACTUALLY DO HAVE FOUR, UM, THAT ARE ON OUR AGENDA.
UH, SO MR. MADDEN, I'M GONNA ASK YOU TO GO AHEAD AND, UM, TEE UP THE FIRST ONE, WHICH WILL BE ZBA TWO TWO DASH OH 1 43 1 25 DASH 1 53 COLLINS AVENUE.
IT'S BEEN ON THE AGENDA FOR QUITE SOME TIME, UH, ORIGINALLY DATING BACK TO NOVEMBER 1ST, 2024.
UM, THE APPLICANTS ARE STILL UNDER DISCUSSION AND MIGHT BE ABLE TO, THE, THE APPELLANTS ARE STILL DISCUSSING THE ITEM, AND THEY MIGHT BE ABLE TO WORK THIS OUT PRIVATELY.
UM, SO AS A RESULT, THEY HAVE REQUESTED THAT THE ITEM BE CONTINUED TO THE FEBRUARY 6TH, 2026 MEETING.
SO WITH THAT BEING SAID, WE NEED A MOTION, UM, TO APPROVE THE CONTINUANCE OF THAT ITEM.
[3. ZBA24-0161, 605 LINCOLN ROAD UNIT 800RF]
REQUEST IS ZBA 24 DASH OH 1 61 6 0 5 LINCOLN ROAD UNIT 8 0 0[00:05:01]
RF.MR. MADDEN, AGAIN, THIS IS ANOTHER APPEAL THAT'S ON THE AGENDA.
THIS ONE HAS BEEN, UM, ON THE AGENDA, UH, SINCE OCTOBER OF 2024.
UH, THE APPLICANTS HAVE, UH, HAVE ALSO, THEY'RE, THEY'RE INTENDING TO WORK OUT THE ISSUE ON THEIR OWN.
THE APPELLANTS ARE INTENDING TO WORK OUT THE ISSUE ON THEIR OWN, AND THEY AS WELL HAVE REQUESTED THAT THE ITEM BE CONTINUED, UM, AND ALSO TO THE FEBRUARY 6TH, 2026 MEETING.
UH, ENTERTAIN ANY MOTIONS? OKAY.
UM, YOU WANNA BE RECOGNIZED? YES.
MICKEY MARRERO OF BURDALE FERNANDEZ.
LARKIN TAP 200 SOUTH PIKE BOULEVARD.
WE ACTUALLY REPRESENT THE CONDOMINIUM ASSOCIATION WHERE THIS UNIT IS, IS A MEMBER, AND AS ALIA MENTIONED, THERE IS A DISPUTE.
THIS CASE IS TIED TO A SPECIAL MAGISTRATE CASE THAT'S ALSO ON THE PROPERTY IN ADDITION TO LITIGATION BETWEEN THE PARTIES.
I'M NOT HERE TO OBJECT TO TODAY'S CONTINUANCE, BUT THIS APPLICATION WAS FILED IN MAY OF 2024.
IT WAS FIRST ON THE AGENDA OCTOBER OF 2024.
SO IF IT'S CONTINUED ONE MORE TIME, WE UNDERSTAND, BUT IT'S REALLY, WE NEED RESOLUTION HERE.
SO WE WOULD ASK THAT THIS BE THE LAST CONTINUANCE SO WE CAN GET THIS RESOLVED.
UM, I'LL HAVE TO ASK STAFF OR OR SHE ATTORNEY, UM, CAN WE, CAN WE ENTERTAIN A MOTION FOR THAT? OR WHAT, WHAT IS, WHAT'S PROPER PROTOCOL FOR CONTINUANCE? IS THERE A LIMIT ON HOW MANY CAN BE REQUESTED? NO, THERE'S NO LIMIT.
THERE'S JUST QUESTIONS OF REPUBLICATION AND THE REPUBLICATION COSTS.
I BELIEVE THIS HAS ALREADY BEEN, UH, PUBLISHED ONCE OR TWICE ALREADY, SO THAT'S CORRECT.
AND, UM, YEAH, SO UNFORTUNATELY IT HAS TO BE FEBRUARY BECAUSE OF SCHEDULING.
I BELIEVE THAT THE PLANNING DIRECTOR IS OUT NOVEMBER AND DECEMBER.
SO THIS WOULD, UM, BASED ON THE SCHEDULE, AND I'LL LET ROGELIO COMMENT ON THAT.
BUT NO, THE, TO ANSWER YOUR QUESTION, THERE'S NO LIMIT ON THE CONTINUANCES AS THIS IS AN APPEAL.
SO, YOU KNOW, NOTED FOR THE RECORD, BUT WE'LL GO, GO AHEAD AND CONTINUE.
UM, SO THE NEXT, UH, CONTINUANCE REQUEST WE HAVE IS, OH, I'M SORRY.
YEAH, SEE, THAT'S WHY SEE MY VICE CHAIR? THAT'S WHY, THAT'S WHY YOU'RE VICE CHAIR.
UM, ANY MOTION AND TO ENTERTAIN A MOTION TO APPROVE OF THAT CONTINUANCE.
SECOND, SECOND BY MR. SILVERS.
[4. ZBA25-0189, 1631 West 28th Street]
THIRD VARIANCE REQUEST IS GOING TO BE, OOPS, HANG ON ONE SECOND.UH, MR. MADDEN, THIS IS A, UM, A REQUEST FOR A VARIANCE FOR A REAR YARD SETBACK IN RELATION TO A PADDLE COURT.
UM, THE APPLICANT IS ATTEMPTING TO WORK WITH NEIGHBORS WHO HAVE CONCERNS, UH, WITH THE, WITH THE PROPOSED VARIANCE.
UM, AND AS A RESULT, THE APPLICANT HAS REQUESTED THAT THE ITEM BE CONTINUED TO THE NOVEMBER MEETING.
UM, THAT WOULD BE THE NOVEMBER 7TH, 2025 MEETING.
UM, HOWEVER, THE, THE RESIDENTS HAVE INDICATED THEY WOULD PREFER THAT THE ITEM BE CONTINUED TO THE DECEMBER MEETING, BUT THAT'S, I LEAVE THAT UP TO THE BOARD, UM, AND THE APPLICANTS, IF THEY HAVE ANY, ANY CONCERNS WITH THAT.
SO, SO LET ME, LET ME GIVE YOU A LITTLE BIT MORE BACKGROUND.
UM, YOU KNOW, I ALWAYS DO A PRE, PRE AGENDA REVIEW CALL FOR HERE, AND WE WENT OVER THIS.
UM, AND, YOU KNOW, I GOT, I, I'VE BEEN ON THIS BOARD SIX YEARS.
YOU GUYS ARE GET READY, ME IN DECEMBER, I'M TERMED OUT.
SO, UM, AND IN THE SIX YEARS I'VE BEEN HERE, I'VE NEVER SEEN AN ITEM GET MORE NEGATIVE RESPONSES, TO BE HONEST WITH YOU FROM THE NEIGHBORS.
YOU KNOW, ONE THING WE ALWAYS ASK WHEN SOMEONE BRINGS SOMETHING TO THE BOARD IS HOW DO THE NEIGHBORS FEEL ABOUT IT? RIGHT? AND WHEN WE DON'T HAVE LETTERS OF SUPPORT, WE KIND OF WONDERED, WONDERED WHAT'S GOING ON? BUT IN THIS CASE, YOU KNOW, AND YOU ALL GOT THE SAME LETTERS, I, I DID, UM, I MEAN, ENORMOUS AMOUNT, UH, OF FEEDBACK.
SO I KNOW THERE'S PEOPLE AND RESIDENTS THAT MADE PLANS THINKING THIS WAS GONNA BE HEARD TODAY, UM, TO BE HERE THAT CAN'T BE HERE FOR NEXT MONTH'S MEETING.
SO I, I'D LIKE, AS A CHAIR TO MAKE AN EXCEPTION, WHICH WE NORMALLY DON'T HAVE TO DO, AND I'LL OPEN UP TO, TO COUNCIL IN A MINUTE, TO, UH, OPEN THIS TO PUBLIC COMMENT FOR, FOR SOME OF THE RESIDENTS THAT HAVE REARRANGED THEIR SCHEDULES TO BE HERE TODAY, TODAY, THAT CAN'T BE HERE TILL, UH, NEXT MONTH TO PRESENT, EVEN THOUGH WE'RE NOT HEARING THE ITEM.
AND I WANNA MAKE SURE ONE UNDERSTANDS WE'RE NOT GONNA HEAR THE ITEM, BUT I, I, AND, AND WE HAVE CLEARED THIS THROUGH, THROUGH LEGAL, WE HAD THE DISCUSSION, AND THERE'S NO ISSUE PROCEDURALLY WITH, WITH US MAKING THAT EXCEPTION, IF I MAY, THIS IS, THIS WAS NOTICED AS A PUBLIC HEARING, SO THE PUBLIC DID ANTICIPATE THAT THEY WOULD BE HERE TODAY.
FOR THOSE MEMBERS THAT CAN'T BE HERE NEXT MONTH, WE DO OFFER THE HYBRID, UM, MEETING SO THAT THEY CAN CERTAINLY ATTEND.
VIRTUALLY ALL OF THE OBJECTIONS ARE IN YOUR PACKET, SO YOU CAN ALL SEE THEM.
BUT I BELIEVE SOME OF THEM WANT TO JUST COMMENT ON THE CONTINUANCE, UH, NOT NECESSARILY THE MERITS OF THE CASE.
SO, SO JUST, UM, BEFORE I HAND IT, HAND IT OVER TO YOU TO RECOGNIZE YOU MAY, MAY I ASK BY HANDS WHAT RESIDENTS ARE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? THAT CAN'T COME NEXT MONTH.
[00:10:01]
UM, I'LL GO AHEAD AND RECOGNIZE YOU.ATTORNEY ON BEHALF OF THE APPLICANT.
UH, MY ADDRESS IS 3,800 NORTHEAST FIRST AVENUE.
UM, WE WERE JUST ASKED THAT THE BOARD CONTINUE THIS ITEM TO THE NOVEMBER 7TH HEARING.
UM, I UNDERSTAND THAT, UH, THERE ARE A COUPLE OF NEIGHBORS HERE THAT WON'T BE ABLE TO BE, UH, AT THAT HEARING.
UM, BUT THEY ARE ABLE TO PARTICIPATE BY ZOOM, AS IS ROUTINELY ALLOWED BY THIS BOARD AND ARE ALSO REPRESENTED BY COUNCIL, WHO'S HERE TODAY, AND IF I REMEMBER CORRECTLY, CAN BE HERE FOR THE NOVEMBER 7TH HEARING.
UM, AND WE ALL KNOW THAT DECEMBER HEARINGS ARE OFTEN CANCELED, UM, DUE TO HOLIDAY TRAVEL, UM, TIME WITH FAMILY, AND BELIEVE ME, MY CLIENT DOES NOT WANNA COMPETE WITH THAT.
UM, SO WITH ALL THAT SAID, I WOULD JUST ASK THAT THIS BOARD CONTINUES TO, TO NOVEMBER 7TH.
UM, ALLOW ANYONE THAT CAN'T BE HERE TO, UH, PARTICIPATE VIA ZOOM AND GIVE MY CLIENT AN OPPORTUNITY TO BE HEARD SOME TIME THIS YEAR, HOPEFULLY.
JUST TO BE CLEAR BEFORE I OPEN UP THE PUBLIC COMMENT, WE ARE NOT HEARING THIS ITEM TODAY.
I'M JUST OPENING UP THE PUBLIC COMMENT FOR THE TWO RESIDENTS THAT ARE HERE THAT ARE NOT ABLE TO BE HERE NEXT MONTH.
UM, DO YOU GUYS HAVE ANY QUESTIONS ON THAT BEFORE I I DO THAT, MR. NAGGER? THANK YOU, MR. CHAIR.
UM, THE PUBLIC COMMENTS THAT WE HEAR TODAY, ARE THOSE ALLOWED TO BE TAKEN INTO CONSIDERATION WHEN WE DO HEAR THE ITEM, UH, IN A MONTH FROM NOW OR TWO MONTHS FROM NOW? ARE THEY CONSIDERED TO BE PART, PART OF THAT FUTURE MEETING, SO TO SPEAK? I THINK THE PURPOSE OF TODAY'S OPENING THIS UP TO THE PUBLIC IS TO ADDRESS THE ISSUE OF, OF THE CONTINUANCE.
UM, CERTAINLY THEIR INFORMATION IS IN YOUR PACKET.
YOU CAN, YOU KNOW, LISTEN TO IT TODAY.
I'M NOT SURE WHAT THEY'RE GONNA BE SAYING ABOUT THE ITEM.
UM, BUT NO, IT'S NOT AN OPENED HEARING AND CONTINUED.
SO IT'S NOT REALLY THE EVIDENCE IN THE RECORD YET.
THIS IS, AGAIN, LIMITED TO THE ISSUE OF THE CONTINUANCE.
UH, THEY DO HAVE COUNSEL AS COUNSEL DID INDICATE THEY CAN APPEAR VIRTUALLY IF THEY SO CHOOSE, AND THEY CAN FILE ANY SUPPLEMENTAL RESPONSE OF THE PACKET.
BUT NO, IT'S NOT OPENED AND CONTINUED.
THIS IS JUST ON THE ISSUE OF, OF THE CONTINUANCE.
ANY OTHER QUESTIONS FROM THE BOARD? OKAY.
AGAIN, WE ARE ONLY GONNA OPEN, I'M GONNA OPEN THE PUBLIC COMMENT.
WE'RE JUST GONNA LISTEN THE COMMENTS.
THERE'S NOT GONNA BE ANY Q AND A.
UM, SO AT THIS POINT, I'M GONNA GO AHEAD AND OPEN UP THE PUBLIC COMMENT AND ASK ANYBODY, ANY RESIDENTS THAT'D LIKE TO COME UP.
UM, I'LL GIVE YOU, SINCE IT'S ONLY TWO OF YOU, I WAS GONNA GIVE TWO, BUT I'LL GIVE YOU THREE MINUTES.
PLEASE STATE YOUR NAME AND ADDRESS.
MR. CHAIRMAN, MEMBERS OF THE BOARD.
I LIVE AT 1620 NORTHVIEW DRIVE, MIAMI BEACH, FLORIDA.
MY PROPERTY DIRECTLY A ABUTS THE PROPERTY ASKING FOR THE APPLICATION.
UM, WE WERE READY TO GO TODAY, BUT WE, WE LEARNED THAT, UM, THE APPLICANT ASKED FOR A CONTINUANCE AND OUR LAWYER ASKED US, WE SAID, SURE, WE HAVE NO PROBLEM.
ANYBODY NEEDS A CONTINUANCE, FINE, EXCEPT WE SAID SEVERAL OF US WHO ARE MOST AFFECTED.
THE CLOSEST PROPERTY OWNERS ARE OUT OF THE STATE ON LONG PRE-PLANNED, UH, TRAVEL.
AND I WOULD PERSONALLY REALLY, UH, APPRECIATE THE BOARD MOVING THIS TO DECEMBER SO THAT I HAVE THE ABILITY TO SPEAK TO YOU DIRECTLY AND, AND PERSONALLY, UH, ABOUT MY CONCERNS.
WE ARE, WE HAD, DID HAVE AN INITIAL MEETING WITH THE APPLICANT'S COUNSEL AND, AND OTHER PEOPLE.
HOPEFULLY THAT DISCUSSION WILL TURN INTO SOMETHING FRUITFUL, BUT IF IT DOESN'T, I, WE, AND, AND MY NEXT DOOR NEIGHBOR WOULD LIKE TO ADDRESS THE, UH, THE, THE BOARD DIRECTLY AND NOT, UH, ZOOM UNDER IN A HOTEL ROOM, UH, SOMEWHERE ELSE.
I THINK IN, IN EXTENDING IT, AN ADDITIONAL THREE WEEKS TO THE APPLICANT, THERE WOULD BE TO US WHO WOULDN'T HAVE THE ABILITY TO, TO SPEAK TO YOU DIRECTLY.
SO WE WOULD JUST ASK, WE HAD NO PROBLEM.
WE HAD AN EXPERT WITNESS READY TO GO.
HE FILED HIS STUFF, BUT THEY ASKED FOR A CONTINUANCE.
WE SAID, FINE, BUT WE A WE SAID, WE DID SAY IN OUR RESPONSE, PLEASE MAKE IT CONDITIONED UPON MAKING IT ON THE DECEMBER MEETING.
NEXT, PLEASE, NATE, STATE YOUR NAME AND ADDRESS.
I LIVE ON 2 8 3 0 LUCERNE AVENUE, WHICH IS TO MAKE A QUICK PICTURE, 12 FEET FROM WHERE THE PADDLE COURT IS BEING, UH, CONSIDERED TO BE BUILT AND, UH, 40 FEET FROM MY BEDROOM BILL.
SO I'M GREATLY INTERESTED IN THAT ISSUE AS WELL AS 15, AS YOU MENTIONED EARLIER, NOTE FROM THE RESIDENT, IT IS A CRITICAL ISSUE FOR THE STATUS OF A ISLAND, OUR NEIGHBORHOOD.
SO, AGAIN, AS ROBERT SAID, AND WE'RE JUST NEIGHBOR, THE APPLICANT ASK, ASKED FOR A CONTINUANCE.
WE HAVE NO ISSUE WITH THAT CONTINUANCE.
WE WILL BE TALKING TO THEM ABOUT REMEDIES ON WHAT THEY CAN DO.
BUT I WOULD ASK GRACIOUSLY FROM THE BOARD TO CONSIDER A FURTHER EXTENSION TO THE
[00:15:01]
MEETING IN DECEMBER.AS ROBERT SAID, THERE'S LITTLE PREJUDICE.
WE SAW APPLICATION THAT ARE GOING FOR A YEAR.
WE HOPE WE DON'T GO FOR A YEAR.
BUT, UH, IT WOULD SEEM THAT IT WOULD CREATE A FAIR AND EVEN PLAYING FIELD IF WE CAN REPRESENT OURSELF IN PERSON.
AGAIN, WE ARE READY TO PRESENT TODAY.
WE HAVE AN EXPERT WHO IS CURRENTLY ON, ON VIDEO, READY TO PRESENT.
UM, WE AGREE TO THE CONTINUANCE, BUT PLEASE, I MUST ASK YOU GRACIOUSLY TO EXTEND THE DELAY OF DECEMBER BOARD MEMBER.
UM, DO WE HAVE ANY RESIDENTS ON ZOOM? AGAIN, I'M, I'M ONLY ENTERTAINING RESIDENTS.
WE HAVE NO HANDS RAISED ON ZOOM.
SO THAT BEING SAID, UM, SO I JUST WANNA MAKE SURE THE BOARD UNDERSTANDS, UM, AGAIN, WE'RE NOT GONNA GET INTO Q AND A.
UM, THIS, THIS CONTINUANCE REQUEST IS FROM THE APPLICANT, UM, REQUESTING THAT IT BE CONTINUED NOVEMBER 7TH, 2025.
SO AT THAT THIS POINT, I'LL ASK IF THERE'S ANY, ANY MOTIONS TO ENTERTAIN.
I JUST, OR QUESTIONS, QUESTIONS FOR STAFF.
IF I, IF SOMEONE WANTS, IF I WANNA MOVE TO HAVE IT, HAVE THE, UH, ITEM HEARD IN THE DECEMBER MEETING, DO I HAVE TO FI UH, MAKE A MOTION TO THAT? OR DO I, DO WE HAVE TO DENY THIS MOTION FIRST AND THEN, AND THEN GO TO THE PROCEDURALLY? UH, THE REQUEST NOW IS A MOTION TO CONTINUE FOR NOVEMBER.
SO WE'D NEED A MOTION, A SECOND AND A VOTE.
IF THE VOTE FAILS FOR WHATEVER REASON, THEN THERE CAN BE A SECOND MOTION.
SO, BUT IS THAT ALLOWED? ARE WE ALLOWED TO DO THAT OR THAT HAS TO COME FROM THE APPLICANT? WELL, THE APPLICANT HAS REQUESTED COUNSEL STOOD UP AND REQUESTED FOR WHAT? CONTINUANCE TO NOVEMBER.
SO THE, THE MOTION NOW THAT SHOULD BE ADDRESSED FIRST IS WHETHER OR NOT A MOTION TO CONTINUE TO NOVEMBER, I NEED A FIRST AND A SECOND AND A VOTE.
IF THAT FAILS, THEN IT WOULD BE, THE MOTION WOULD BE TO CONTINUE IT TO DECEMBER.
BECAUSE THE APPLICANT, YOU HAVE TO UNDERSTAND THE APPLICANT IS ASKING FOR NOVEMBER, THE RESIDENTS ARE ASKING FOR DECEMBER.
I, I I THINK WHAT YOU, SO THE APPLICANT CONTROLS, RIGHT.
AND THAT'S THE CONVERSATION WE HAD YESTERDAY.
UM, WHEN WE WERE ON A CALL, UH, ME AND, AND NOLIO AND, AND CITY ATTORNEY IS, YOU KNOW, I, WE DID NOT HAVE TO OPEN UP, THE PUBLIC COMMENT, DID NOT HAVE TO ALLOW THE RESIDENTS TO COME UP AND SPEAK.
SO YOU ALMOST HAVE TO MAKE LIKE THAT DIDN'T HAPPEN.
AND WHAT'S BEFORE YOU? UM, YOU KNOW, WE WERE DOING THAT AS A COURTESY, UM, AGAIN, BECAUSE OF ALL THE FEEDBACK THAT WE GOT.
AND IT WAS MORE OF AN ACCOMMODATION, IF THAT'S FAIR TO SAY.
'CAUSE THERE'S A PUBLICLY NURSE MEETING AND THEY WERE READY TO COME AND WERE READY TO PRESENT TODAY THINKING IT WAS GONNA BE HEARD TODAY.
UM, IF THERE WAS 10 RESIDENTS HERE, I WOULD ALLOW 10 RESIDENTS TO COME UP HERE AND SPEAK.
UM, SO THAT, THAT'S A DISCUSSION THAT I HAD WITH STAFF.
AND WE MADE SURE THAT PROCEDURALLY IT WAS OKAY TO DO THAT AND ALLOW IT.
UM, AND, AND, BUT YOU HAVE A MOTION AND YOU HAVE AN APPLICANT THAT REALLY CONTROLS, UH, THE REQUEST FOR WHAT THEY WANT TO DO AND WHAT THEY'RE ASKING US TO DO.
WHEN YOU HAVE PUBLIC COMMENT, YOU, YOU, YOU CAN'T TAKE PUBLIC COMMENT AND, AND, AND DO WHAT SOMEONE FROM THE PUBLIC IS ASKING YOU TO DO THERE.
THEY, THEY CAN STATE WHAT THEY WANT YOU TO DO.
BUT, BUT I THINK, AND CORRECT ME IF I'M WRONG TO THE ATTORNEY, YOU KNOW, NO ONE HERE ON THE DIOCESE CAN SAY, HEY, I AGREE, LET'S, LET'S DEFER TILL DECEMBER DID.
MR. CITY ATTORNEY, I WANNA MAKE SURE, YEAH, WE TALKED ABOUT THIS YES.
YESTERDAY, YES, CORRECT, MR. CHAIR.
SO I WANNA MAKE SURE EVERY, EVERYBODY UNDERSTANDS THAT I, I'M SORRY, MR. LER, YOU LOOK A LITTLE, YOU LOOK A LITTLE BIT PUZZLED.
BUT, BUT, BUT JIM WAS FIRST BECAUSE YOU SAID THAT YOU LET THEM SPEAK, BUT WE HAVE TO PRETEND WE DIDN'T HEAR IT.
ALMOST LIKE IT, IT'S AN ACCOMMODATION.
FOR THOSE WHO'VE BEEN UP HERE ON THIS BOARD, WE, WE NEVER, WE NEVER OPENED IT TO PUBLIC COMMENT.
I WANTED TO ACCOMMODATE THE RESIDENTS THAT COULDN'T BE HERE TO STATE HOW THEY FELT ON, ON THIS, BECAUSE THEY WERE READY TO GO FORWARD WITH THIS.
AND THEN THE APPLICANT REQUESTED A CONTINUANCE.
SO WHEN WE, WHEN WE VOTE, STRIKE THAT FROM THE RECORD.
BUT WHEN WE VOTE ON THE CONTINUANCE FOR NOVEMBER, JUST FOR THAT, AT THIS POINT, WE CAN TAKE INTO CONSIDERATION WHAT THE RESIDENTS SAID BEFORE US.
THAT WOULD BE YOUR NO VOTE IN CONSIDERING, IN CONSIDERING THE CORRECT NOVEMBER DATE.
AND THEN I PRESUME THAT IF WE, IF WE VOTE FOR IT, GREAT.
IF WE VOTE AGAINST IT, THEN YOU'RE GONNA ASK FOR DECEMBER, RIGHT? SO THAT'S HOW THAT GETS DONE.
WELL, WELL, THEY MAY NOT BE ASKING FOR IT, BUT THEN THEY WOULD, THERE'S A PENDING MOTION TO CONTINUE.
WELL, WOULD IT BE APPROPRIATE FOR COUNCIL TO COME UP AND, AND, AND FORMALLY, I, I, THAT'S A GREAT QUESTION, MS. OMAN, YOU, UM, CAN YOU ANSWER, UH, MS. OMAN'S QUESTION ON THAT? IF IT'S NOT APPROVED, WHAT WOULD THEN WHAT WOULD YOU DO? WELL, I WOULD JUST ADD THAT AGAIN, WE WOULD REQUEST NOVEMBER 7TH.
AGAIN, WE'RE WORKING WITH, UH, THE OTHER, UH, NEIGHBORS AND THEIR COUNSEL TO TRY TO FIND SOME KIND OF AMICABLE RESOLUTION.
WE THINK WE CAN DO THAT BEFORE THE NOVEMBER 7TH HEARING.
AND OF COURSE, IF, UM, YOU KNOW, WE DON'T COME TO CON SOME KIND OF RESOLUTION, WE'LL ASK FOR ANOTHER CONTINUANCE TO A, UH, DATE CERTAIN.
SO, UM, THAT'S WHAT I WOULD ADD.
BUT AGAIN, THE REQUEST IS TO HAVE A HEARING ON NOVEMBER 7TH.
SO WITH THAT BEING SAID, I, I, I THINK, OKAY,
[00:20:01]
ONE MORE COMMENT AND THEN WE'LL SEE IF THERE'S A MOTION ON THE FLOOR.IS, HAS ANYTHING BEEN GIVEN TO US WHY THE APPLICANT WOULDN'T BE AVAILABLE FOR THE DECEMBER MEETING? SHOULD WE CHOOSE? I, I BELIEVE COUNSEL HAD INDICATED THAT DECEMBER IS A TOUGH TIME OF THE YEAR WITH PEOPLE SCHEDULING.
UM, UM, AND YOU KNOW, A LOT OF TIMES IN THE PAST DECEMBER HEARINGS HAVE GOTTEN CANCELED.
I DON'T KNOW WHAT YOUR SCHEDULES ARE, BUT THAT'S WHY THEIR ASK IS NOT TO GO INTO DECEMBER AT THIS POINT.
SO NOTHING SPECIFIC, JUST VAGUE ASSERTIONS AND THINGS THAT CODER MAY HAPPEN.
I DON'T KNOW WHAT'S GONNA HAPPEN IN DECEMBER.
I'M SPEAKING FROM EXPERIENCE OTHER THAN MR. GOLDBERG'S LAST MEETING.
BUT UNLESS HE'S A WHOLE, IF I CAN JUST SAY ONE MORE THING AGAIN, I I, THE PURPOSE WHY I WAS OKAY, OPENING IT TO PUBLIC COMMENT WAS ALLOWING ANY RESIDENTS THAT COULDN'T MAKE IT TO THE NOVEMBER MEETING TO COME AND STATE HOW THEY FELT, WHICH IS DID AND YOU DID.
SO THEY, THEY WERE HERE, THEY STATED IT'S ON, IT'S ON THE RECORD.
SO IF THIS WERE TO, IF IT WAS TO BE APPROVED AND COME TO US IN OUR NOVEMBER MEETING, YOU KNOW HOW THESE RESIDENTS THAT ARE HERE FEEL, THE OTHER RESIDENTS THAT ARE ABLE TO COME TO NOVEMBER 7TH MEETING WILL BE HERE.
THERE'LL BE ADDITIONAL RESIDENTS, I'M SURE WHO WILL SPEAK AND, AND SAY HOW THEY FEEL.
SO THAT, THAT'S WHY I DECIDED, YOU KNOW, TO MAKE THIS EXCEPTION AND DO THIS, UM, TO ALLOW ANY RESIDENTS, I COULDN'T MAKE THE, THE NOVEMBER MEETING TO, TO COME AND SPEAK THIS MORNING.
UM, YOU WANNA BE RECOGNIZED YOUR NAME, SIR? YES.
MY NAME IS TUCKER GIBBS LAW OFFICE IS AT 38 35 UTOPIA COURT IN MIAMI.
I AM HERE REPRESENTING THE, UH, MR. HERZBERG.
AND WHAT I'M TRYING, WHAT I'D LIKE TO, TO REMIND YOU ALL, THEY DIDN'T SPEAK TO THE MERITS AT THIS, AT THIS ISSUE.
SO THEY SHOULD NOT BE PRECLUDED FROM SPEAKING ON THE MERITS AT THE HEARING IN DECEMBER, WE HOPE.
UM, AND THAT'S WHERE WE STAND.
I JUST WANNA BE SURE THAT WE, EVERYBODY UNDERSTANDS THAT THEY, I THINK THEY STILL HAVE A RIGHT TO SPEAK ON THE MERITS.
WHETHER OR NOT IT, IT IT GOES TO NOVEMBER OR DECEMBER.
YEAH, THEY CAN ABSOLUTELY COME BACK AND SPEAK ABSOLUTELY, POSITIVELY.
I JUST WANTED TO BE SURE ABOUT THAT.
AND ALSO REMIND YOU ALL THAT THIS ISSUE IS INCREDIBLY IMPORTANT TO THEM.
THEY WANT TO MAKE A DEAL, WE WANT TO MAKE IT WORK, BUT MY CLIENTS CANNOT APPEAR.
AND IT'S, THEY WANT TO BE ABLE TO APPEAR IN FRONT OF YOU LIVE AND NOT ON A BLANK SCREEN BY ZOOM.
THEY WANT YOU ALL TO SEE THEM.
AND, AND THAT'S WHAT THEY WANT.
THAT'S THE ONLY TIME THEY CAN DO IT.
UH, ANY MOTIONS FROM THE BOARD? I'LL MOVE TO, UH, APPROVE THE MOTION FOR CONTINUANCE.
WE HAVE A, A MOTION TO APPROVE BY MR. DAVIS.
DO I HEAR A SECOND? THAT WOULD BE TO THE NOVEMBER.
IN NOVEMBER AS WE, AS WE, AS WE REQUESTED BY THE APPLICANT.
THAT'S ALL, THAT'S ALL I CAN DO AS REQUESTED BY THE APPLICANT.
WELL, I, I DON'T THINK I CAN SECOND AND, AND I DON'T THINK I NEED TO SECOND SOMETHING AND THEN VOTE AGAINST IT.
ALL IN FAVOR ON APPROVING THE CONTINUOUS TO NOVEMBER.
UM, AT THIS POINT, DO WE CALL, COUNT THE MOTION IF, IF THERE IS ANOTHER MOTION FOR THE CONTINUANCE TO THE DECEMBER, IF THAT'S SO ENTERTAIN ANY ADDITIONAL MOTIONS? I'LL MOTION FOR DECEMBER.
WE HAVE A MOTION TO MOVE THIS TO DECEMBER.
WHAT IS THE DATE OF THE DECEMBER? OKAY.
JUST FOR THE RECORD, THAT WOULD BE THE DECEMBER 12TH MEETING.
THANK YOU SO MUCH EVERYBODY FOR COMING IN.
[5. ZBA25-0191, 1691 Michigan Avenue]
ONE MORE REQUEST FOR A CONTINUANCE, WHICH WASN'T GONNA BE, BUT, UH, CHANGE IT THE LAST MINUTE.MR. MADDEN, CAN YOU GO AHEAD AND, UH, T UP THE ZBA TWO FIVE DASH OH 1 9 1 16 91 MICHIGAN AVENUE? YES.
THIS IS A REQUEST FOR A MODIFICATION TO A PREVIOUSLY APPROVED VARIANCE.
UM, IT'S FOR, UM, AN ALCOHOLIC BEVERAGE ESTABLISHMENT.
AND, AND THE BOARD PREVIOUSLY APPROVED A, A VARIANCE FOR A DISTANCE SEPARATION REQUIREMENT.
THE APPLICANT IS LOOKING TO, UH, MODIFY, MODIFY THEIR FLOOR PLAN SOMEWHAT.
AND SO THEY'RE REQUESTING A, SO THEY'RE REQUESTING A MODIFICATION.
HOWEVER, THEY'RE, THEY'RE, THEY'RE MAKING SOME MORE CHANGES AND THEY, THEY WANNA ADJUST THE PLAN SOMEWHAT.
UM, SO THEY'RE REQUESTING THAT THE APPLICATION BE MOVED TO THE NOVEMBER, UH, SEVENTH MEETING AS WELL.
SECOND BY MR. SILVER IS ALL IN FAVOR? AYE.
[00:25:01]
THANK YOU.[6. ZBA25-0175, 3443 North Meridian Avenue]
UH, TWO NEW APPLICATIONS.UH, LET'S START WITH THE FIRST ONE, ZBA TWO FIVE DASH OH 1 75 3 4 4 3 NORTH MERIDIAN AVENUE.
THIS APPLICATION HAS BEEN FILED TO REQUESTING AN AFTER THE FACT VARIANCE TO INCREASE THE MAXIMUM LOCKED COVERAGE IN ORDER TO RETAIN AN ENCLOSURE OF A TERRACE FOR AN EXISTING TWO STORY HOME.
SO THE, SO AS ALEJANDRO STATED IN THE TITLE, THIS IS, UM, A VARIANCE REGARDING AN EXISTING ENCLOSURE.
THE TWO STORY HOME HAD A TERRACE IN THE REAR YARD.
THE APPLICANT, UM, UH, HAD ENCLOSED THAT AREA.
THEY, UH, DID IT WITHOUT A BUILDING PERMIT.
SO THEY'RE SEEKING AN AFTER THE FACT BUILDING PERMIT IN THIS CASE.
UM, THE ENCLOSURE, UH, RESULTS IN THE HOME EXCEEDING THE LOT COVERAGE SOMEWHAT.
IT EXCEEDS A LOT COVERAGE BY 1.3%.
UM, AND SO THAT'S, THAT EXCEEDS THE LOT COVERAGE.
THE LOT COVERAGE LIMIT FOR A TWO STORY HOME IS 30%.
BY ENCLOSING THAT SPACE, UM, THE AREA, A PORTION OF THAT AREA WOULD ADD TO THE LOT COVERAGE.
AND SO NOW THEIR LOT COVERAGE WOULD BE AT 31.3%.
GIVEN THAT THE APPLICANT, UM, HAS ALREADY UNDER UNDERTAKEN THIS EXPENSE, UM, THE, IT WAS DONE TO CODE, THEY ARE GETTING THE APPROPRIATE BUILDING PERMITS TO LEGALIZE THE STRUCTURE.
AND GIVEN HOW SMALL, UM, THEY ARE, THEY ARE EXCEEDING THE, UM, THE MAXIMUM LOT COVERAGE STAFF IS NOT OPPOSED TO THE GRANTING OF THEIR VARIANCE.
UM, AND SO THIS DOES MEET THE PRACTICAL DIFFICULTY STANDARD AND STAFF, UM, RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE DRAFT ORDER.
DO WE HAVE ANY DISCLOSURES ON THE DAAS? NO.
UM, I BELIEVE WE HAVE, UH, IS SOMEBODY PRESENTING AMIA? AMIA XENIA, UH, WOULD YOU LIKE TO COME UP TO PODIUM? STATE YOUR NAME PLEASE AND 10 MINUTES WOULD BE GOOD TO START.
ENOUGH TIME FOR YOU TO PRESENT.
UH, WE ARE REQUESTING, LIKE, STATE YOUR NAME PLEASE FOR THE RECORD.
UH, JIMENA GADO FROM VOCA LLC.
WE ARE TRYING TO HELP THE PROPERTY OWNER TO LIKE ELI, THIS, UM, AS MS. ME, MS. MAD, UM, WE ARE ASKING TO, UH, ADJUST THE COVERED LOCK WITH 1.3%.
WE ENCLOSED THIS PROPERTY JUST WITH WINDOWS LIKE PANEL, UH, FIXED PANELS.
AND THE PROPERTY OWNER, LIKE FOR HIM, IT'S COMPLICATED TO GO BACK TO THE ORIGINAL HOUSE.
HE'S AN OLD PERSON AND HE IS IN LIKE A WHEELCHAIR AND HE WANTS LIKE MORE SPACE, BUT WE NEVER, LIKE, HE SAY THAT HE NEVER LIKE TOUCH THE ORIGINAL, UH, HOUSE.
THE BEANS AND THE COLUMNS ARE EXISTING.
HE ONLY LIKE INSTALL LIKE FIXED PANEL WINDOWS.
SO WE APPRECIATE IF WE CAN HELP US TO ADJUST THIS TO 1.3%.
UM, LEMME GO AHEAD AND OPEN UP TO PUBLIC COMMENT.
DO HAVE ANYBODY HERE ON ZOOM? WE HAVE NO HANDS RAISED ON ZOOM.
WE'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT AND OPEN UP FOR QUESTIONS FROM THE BOARD TO THE CHAIR.
ANYBODY? MS. SILVERMAN, LOOKS LIKE YOU'RE READY.
SO YOU SAID THAT HE PUT ENCLOSURES IN, BUT THE PATIO THAT EXISTED IN THE BACK ALREADY WAS A EXISTENT TERRA AND SO THERE WAS NO ADDITIONAL POUR TO THE CONCRETE OF THEIRS.
SO THAT WAS, THAT WAS THERE TO BEGIN WITH? YEAH.
AND THEN I HAVE THE SAME COMMENT THAT WE'VE HAD, I'VE HAD BEFORE IN THAT WE NEED TO FIND THE CONTRACTOR WHO DID THIS AND WHY HE DID IT WITHOUT A PERMIT AND YOU KNOW, FIND HIM OR WHATEVER.
BECAUSE WE CAN'T JUST ALLOW PEOPLE TO, YOU KNOW, DO STUFF LIKE THIS ALL THE TIME WITHIN THE BEACH WITHOUT GETTING PERMITS.
IF THEY NEED A PERMIT, THEY NEED A PERMIT.
AND IF HE'S A LICENSED CONTRACTOR, HE NEEDS TO KNOW THAT HE NEEDS TO GET A PERMIT OR SHE MM-HMM
I, I ACTUALLY BROUGHT THAT UP LAST TIME THAT HAPPENED.
UM, AND ACTUALLY COULD MAYBE ABLE TO HELP, UM, MR. MADDEN, IF YOU CAN EXPLAIN HOW THIS AROSE, LIKE, I DON'T, I DON'T THINK YOU SAID IT WHEN YOU WERE REVIEWING THE ITEM VIOLATION.
THEY, THEY RECEIVED A VIOLATION, UM, FROM THE, FROM THE BUILDING DEPARTMENT WHEN THE, WHEN THE WORK WAS BEING UNDERTAKE.
I I, I'M NOT SURE IF THE WORK WAS COMPLETE OR, OR IF IT HAPPENED SHORTLY AFTER THE WORK WAS COMPLETED.
UM, BUT THEY DID RECEIVE A VIOLATION.
UM, AND SO THEY'RE HERE AS A RESULT OF A VIOLATION ISSUED BY THE CODE ENFORCEMENT DEPARTMENT.
WHAT WAS, OKAY, DID THIS CONSTRUCTION WAS DONE? NO, SIR.
SO THEY DID THIS 20 YEAR THAT THAT'S, THAT'S WHAT I WANTED TO COME OUT WHEN YEAH.
WAS THAT, IS THAT AN ACCURATE STATEMENT, MR. MANN? 20 YEARS AGO THIS WAS DONE, OR LET ME, WE WE WOULDN'T, WE WOULDN'T KNOW.
SO WE ARE AT THE COMPANY, WE'RE GONNA FIX EVERYTHING.
WE ARE ABLE TO CHANGE ALL THE WINDOWS TO BE
[00:30:01]
IN CODE AND COMPLIANCE, LIKE WITH ANYWAYS, EVERYTHING.AND THE CLIENT IS LIKE ACCEPT TO BE IN COMPLIANCE TO CHANGE EVERYTHING.
THAT'S, THAT'S WHY, UH, MR. MR. NAGGER.
OH ONE, WHILE, I GUESS WE DON'T KNOW THE EXACT DATE 'CAUSE THE PERMIT WAS A FULL TO, DO WE KNOW, WAS THIS DONE, UM, UNDER THE PURVIEW OF THE CURRENT OWNER OF THE APPLICANT OR WAS THIS DONE BEFORE THEY PURCHASED THE PROPERTY? DID THEY LIKE INHERIT THIS AND SOMETHING LIKE THAT? HE WAS THE OWNER AT THAT TIME.
THE SAME OWNER AT THAT TIME, SAME OWNER AT THE TIME DID THIS.
AND THEN THE OTHER QUESTION IS, DOES THIS, UH, I DON'T, I DON'T DO LIKE PROP.
I KNOW LIKE WHEN YOU LOOK AT PROPERTY, THERE'S LIKE DIFFERENT SQUARE FOOTAGES FOR A PROPERTY.
DOES, DOES THIS CHANGE THE, IF WE APPROVE THIS, DOES THIS CHANGE THE LEGAL, YOU KNOW, UH, PROPERTY APPRAISER, SQUARE FOOTAGE FOR LIVING SPACE, SO TO SPEAK? IT SHOULD THE, THE BUILDING DEPARTMENT SENDS THAT INFORMATION TO THE PROPERTY APPRAISER AND THE, THE, UM, THE, THE UNIT SIZE SHOULD GO UP AS A RESULT OF, OF, UH, LEGALIZING THE STRUCTURE.
SO IT SHOULD INCREASE THEIR TAX BILL.
'CAUSE YEAH, THAT THEY BASICALLY GOT AWAY WITH NOT PAYING THE ADDITIONAL TAXES FOR THE LAST 20 YEARS THAT THEY'VE HAD.
AND IT'S A GREAT, IT'S A GOOD POINT.
INCREASE THE HOME VALUE, I THINK.
'CAUSE IT'S MORE JUST CURIOUS.
WE HAVE, WE HAVE SOME INFORMATION.
CAN YOU LET HIM KNOW ON WHEN WE FOUND OUT ABOUT THE VIOLATION, THIS IS ALSO IN CONJUNCTION OF, UH, MECHANICAL EQUIPMENT THAT WAS DONE IN THE PROPERTY.
SO MAYBE WHEN THE BUILDING DEPARTMENT INSPECTORS WEREN'T THERE, THEY SAW EVERYTHING AND THEY ISSUED A VIOLATION TOGETHER.
SO THERE WERE, THERE WAS ANOTHER OTHER WORK BEING DONE, UH, MECHANICAL EQUIPMENT.
SO THAT WOULD BE AIR CONDITIONING OR SOMETHING TO THAT EFFECT? UH, YES.
ME MECHANICAL EQUIPMENT AND NEW PLUMBING.
THAT'S WHAT THEY, THAT'S THE DESCRIPTION OF THE VIOLATION.
SO WHEN THEY WENT TO, TO INSPECT THAT WORK, THEN IT WAS NOTICED THAT THIS ENCLOSURE HAD BEEN DONE, HAD BEEN PUT IN PLACE WHEN I WENT BY THE HOUSE, JUST SO YOU KNOW.
UM, 'CAUSE I, I THINK I'M THE ONLY ONE THAT ACTUALLY GOES TO THE PROPERTIES.
IT'S HARD FOR ME TO FIND, ACTUALLY.
I KNOW EVERY STREET ON MIAMI BEACH, IT'S KIND OF OFF OF 41ST STREET.
SO IT'S KIND OF A HIDDEN HOUSE AND I GUESS WHERE IT BACKS UP TO IS PROBABLY OVER BY THE ROOSEVELT THEATER OR SOMETHING LIKE THAT ON THE BACKSIDE.
SO, YOU KNOW, I GUESS WHEN IT WAS DONE 20 YEARS AGO, IT WASN'T, DIDN'T REALLY IMPACT.
OR MAYBE THE NEIGHBORS DIDN'T EVEN KNOW IT WAS BEING DONE.
UM, IS THE ONLY THING THAT I CAN THINK OF.
UM, AND I GUESS IF SOMEONE THINKS THEY CAN GET AWAY WITH IT, THEY TRY AND GET AWAY WITH IT.
BUT I AGREE WITH MS. NAGGER AND I BROUGHT IT UP, YOU KNOW, VARIOUS TIMES.
UM, WE DON'T KNOW THE CONTRACTOR WAS 20 YEARS AGO 'CAUSE THEY DIDN'T PULL THE PERMIT AND I'M, YOU KNOW, WE CAN'T ASSUME THAT THEY'RE USING THE SAME, THE, YOU KNOW, I MEAN IT WOULDN'T, IT WOULDN'T BE ON RECORD.
IT WOULDN'T BE ON RECORD ASK PERMIT OR NOT.
HE CONTACT US TO HELP HIM, UM, TO FIX ALL OF THIS AS A CONTRACTOR'S COMPANY.
AND WE SUBMIT, UH, EVERYTHING MECHANICAL WORK, PLUMBING WORK AND NEW ELECTRICAL WORK TO BE IN COMPLIANCE.
WE HAVE LIKE A PROCESS NUMBER RIGHT NOW RUNNING TO THE BUILDING DEPARTMENT AND WE ARE APPROVED AND ALL THE DISCIPLINES, WE ONLY NEED TO GET APPROVED THIS ADJUSTMENT TO GET THE FINAL APPROVAL FOR, FOR SIGNING.
WHEN YOU SAY HE'S ASKED YOU TO HELP HIM FIX IT, OR IS IT JUST THE ADJUSTMENT, HE GET THE VIOLATION? IS THERE OTHER THINGS THAT NEED TO BE CHANGED WITHIN THE STRUCTURE? NO, NO, NO.
UH, BUT WHEN YOU INSTALL LIKE, UH, AC UNITS LIKE INDIVIDUAL ONE, LIKE YOU NEED LIKE ELECTRICAL WORK, YOU NEED LIKE TO RUN PIPES RIGHT TO OUT THE HOUSE.
SO WHEN WE NEED TO FIX ALL THAT IS NOT IN COMPLIANCE TO BE IN COMPLIANCE WITH THE NEW CODE.
SO I, A MOTION TO MOVE FORWARD, HAVE A MOTION TO APPROVE, UM, THE AFTER EFFECT VARIANCE AS REQUESTED BY MS. MELLI.
DO I HEAR A SECOND? WE'LL, SECOND.
WAS MR. DAVIS? MR. DAVIS WAS A NAY.
[7. ZBA25-0190, 5011 Pine Tree Drive]
ZBA 25 DASH OH 1 90 50 11 PINE TREE DRIVE.THIS APPLICATION HAS BEEN FILED REQUESTING A VARIANCE OF THE MAXIMUM HEIGHT OF MECHANICAL AND ELECTRICAL EQUIPMENT AS AN ALLOWABLE YARD ENCROACHMENT TO ALLOW FOR THE CONSTRUCTION OF A MECHANICAL EQUIPMENT AND A GENERATOR ON A PARCEL WITH AN EXISTING ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOME.
SO THIS, THIS IS, UH, A VERY INTERESTING PROPERTY.
UM, THE HOME, THE PROPERTY CONTAINS AN ARCHITECTURALLY SIGNIFICANT HOME.
ORIGINALLY THAT HOME WAS LOCATED, UM, TOWARDS THE EASTERN PORTION OF THE LOT, FRONTING THE INDIAN CREEK CANAL.
[00:35:01]
YEAR OR MAYBE THE YEAR BEFORE THE ARCHITECTURAL SIGNIFICANT HOME WAS MOVED TO THE FRONT OF THE PROPERTY.UH, THEY ACTUALLY HAD A SPECIAL EVENT OUT THERE.
IT WAS, IT WAS FASCINATING TO SEE THEM LIFTING A HOME ON A, ON A, ON A TRACTOR AND, AND MOVING IT TO THE FRONT.
UM, THEY'RE THEN CONSTRUCTING, UH, A NEW HOME TOWARDS THE REAR OF THE PROPERTY WHERE THE OLD HOME ONCE STOOD.
UM, THE, THE ARCHITECTURALLY SIGNIFICANT HOME, UM, WAS ORIGINALLY BUILT IN 1927.
UM, THEY, BECAUSE IT'S ARCHITECTURALLY SIGNIFICANT, THEY, THE ZONING CODE PROVIDES THEM WITH SEVERAL INCENTIVES, UM, INCLUDING EXTRA UNIT SIZE, EXTRA LOT COVERAGE, SETBACK, UM, ALLOWANCES FOR SETBACK, ENCROACHMENTS AND, AND, AND A WHOLE SLEW OF OTHER, OTHER INCENTIVES.
UM, THE APPLICANT IN THIS CASE IS REQUESTING A VARIANCE FOR THE HEIGHT LIMIT FOR, UM, THE HEIGHT OF MECHANICAL EQUIPMENT THAT'S LOCATED IN A REQUIRED REAR YARD.
UM, THE APPLICANT WILL BE PLACING, UM, A, A, A GENERATOR AND OTHER RELATED ELECTRICAL EQUIPMENT, UM, UM, TO, TO SUSTAIN THE HOME IN CASE OF A POWER OUTAGE OR ANY OTHER ISSUES.
AND THAT ELECTRICAL EQUIPMENT, UM, IS TWO FEET HIGHER THAN WHAT THE CODE WOULD ALLOW THAT EQUIPMENT TO BE WHEN LOCATED IN A SIDE YARD.
MOST OF THAT EQUIPMENT IS LOCATED WITHIN THE BUILDABLE AREA AND CAN EXCEED THAT HEIGHT.
ONLY A FRACTION OF IT IS LOCATED WITHIN THE SETBACK.
I THINK MAYBE TWO OR THREE FEET OF IT ARE LOCATED WITHIN THE SETBACK.
UM, AND GIVEN THE SCALE OF THE HOME, THE SIZE OF THE PROPERTY, THE SIZE OF THE EQUIPMENT THAT IS NECESSARY TO MAINTAIN THAT HOME, THE APPLICANT DOES HAVE A PRACTICAL DIFFICULTY AND A HARDSHIP.
UM, AND ALSO THE FACT THAT THEY'RE MAINTAINING AN ARCHITECTURALLY SIGNIFICANT HOME.
UM, THE, ALL THESE FACTORS GENERATE A HARDSHIP FOR THE APPLICANT AND STAFF IS SUPPORTIVE OF THE GRANTING OF THE VARIANCE.
YOU HAVE ANY DIS DISCLOSURES ON THE DAIS? OKAY, WITH THAT, UM, MR. RILEY, IS THAT YOU? I'LL GIVE YOU 10 MINUTES TO PRESENT.
IS THAT GOOD? THANK YES, MR. CHAIRMAN, TAKE IT.
FOR THE RECORD, MY NAME IS BILL RILEY.
OFFICE IS LOCATED AT 1 6 3 4 3 SOUTHWEST 256TH STREET, CITY OF HOMESTEAD.
SO IT WAS A, A, A TRIP TO GET HERE THIS MORNING, UM, WITH THE TRAFFIC, BUT I'M VERY DELIGHTED TO BE HERE AND I'M VERY HONORED TO BE ABLE TO REPRESENT THIS APPLICANT.
THE UM, PRINCIPLE BEHIND THE ENTITY IS MR. RUSSELL WIENER.
UH, MR. RUSSELL, UH, WIENER IS A SELF-MADE, UH, VERY WEALTHY INDIVIDUAL.
UM, HE WAS THE INVENTOR AND FOUNDER OF ROCKSTAR ENERGY DRINK.
UH, WHEN HE CAME ACROSS HIS PROPERTY, UH, SEVERAL YEARS AGO.
HE REALLY WAS FASCINATED BY THE IRVING COLLINS, UH, HIS HISTORY OF THE PROPERTY.
AND EVEN THOUGH HE WAS ALLOWED TO DEMOLISH THE HOME BECAUSE IT WAS NOT HISTORIC, EVEN THOUGH IT WAS PART OF THE COLLINS ESTATE, UM, HE ELECTED NOT TO, UM, UH, DEMOLISH IT AND PRESERVE IT AND REPOSITION IT WITH WORKING WITH YOUR PROFESSIONAL STAFF TO THE FRONT OF THE PROPERTY.
UM, SO IT'S HIGHLIGHTED ALONG THE STREET FRONTAGE.
UM, I WANTED TO THANK YOUR PROFESSIONAL STAFF, YOUR CITY ATTORNEY'S OFFICE, UH, FOR WORKING WITH US THROUGHOUT THOSE YEARS, UM, ON THAT ITEM AS WELL AS THIS APPLICATION.
UM, THIS IS FOR AN EMERGENCY STANDBY GENERATOR.
BE LOCATED JUST, UM, NEXT TO THE RECENTLY MOVED, UM, ARCHITECTURALLY SIGNIFICANT HOME ON THE NORTH, UH, WEST CORNER OF THIS PROPERTY.
UM, IT WILL BE BEHIND AN EXISTING MASONRY WALL.
UM, IT WILL BE BEHIND LUSH LANDSCAPING.
NOW, IN ADDITION TO THAT, IT HAS NO IMPACT WITH ANY NEIGHBORS.
THE REASON FOR THAT IS BECAUSE THE NEIGHBOR NEIGHBORING PROPERTY TO THIS SITE, YOU MAY HAVE RECALLED, IT WAS, UH, OWNED BY RICHARD MORELLO AT ONE TIME.
AND IT WAS A POINT OF CONTENTION BECAUSE IT WAS A PROPERTY THAT NEVER WAS ELIGIBLE, UH, TO OBTAIN A CERTIFICATE OF OCCUPANCY.
UM, AND THERE WAS A LOT OF CODE ACTIVITY ASSOCIATED WITH THAT PROPERTY.
WELL, UH, MR. WEINER ALSO WAS ABLE TO PURCHASE THAT PROPERTY JUST RECENTLY.
UM, HE WAS ABLE TO DEMOLISH THAT, CORRECT THE CODE VIOLATIONS, AND HE ALSO ASSEMBLED THE ADJACENT LOT.
SO HE IS NOW THE NEIGHBORING, UH, PROPERTY OWNER TO THE SUBJECT PROPERTY THAT WE'RE TALKING ABOUT TODAY.
THE ONLY OTHER NEIGHBOR IS LOCATED ACROSS PINE TREE DRIVE, WHICH AS EVERYBODY KNOWS IS A FOUR LANE THOROUGHFARE.
AND THAT NEIGHBORING PROPERTY, UM, IS NOT GONNA BE IMPACTED BY THE EMERGENCY STANDBY GENERATOR, WHICH YOU WILL NOT BE ABLE TO SEE BEC FROM THE STREET FRONTAGE.
BUT THEY ALSO HAVE LUSH LANDSCAPING ON THEIR PROPERTY AND CANOPY TREES LOCATED THERE AS WELL.
NOW WITH THAT BACKGROUND, UM, WE HAVE A FULL PRESENTATION.
I'M JOINED TODAY BY OUR PROJECT ARCHITECT, UH, CHRISTOPHER, UH, FERNANDEZ.
UM, HE'S HAS THE PLANS PREPARED.
WE CAN GO THROUGH THE SLIDES AND, AND PROVIDE YOU WITH A FULL PRESENTATION, OR WE'RE HAPPY TO RE RELY UPON STAFF'S RECOMMENDATION, UM, OF APPROVAL, UH, WHICH WE WERE ABLE TO EARN, UH, THROUGH WORKING WITH THEIR DEPARTMENT FOR A,
[00:40:01]
A PERIOD OF SEVERAL MONTHS.UM, IT'S WHATEVER DISCRETION OF THE BOARD IS.
UM, BUT IF YOU WOULD LIKE ME TO TURN IT OVER TO THE ARCHITECT, WE CAN START THE PRESENTATION OF THE SLIDES.
UM, YEAH, NORMALLY ONCE YOU BOARD YOU OKAY, YOU WANNA SEE THE PRESENTATION? UH, YOU OKAY ON TIME? YOU CAN DO IT IN LESS THAN SIX MINUTES.
YEAH, I'LL MAKE IT PRETTY QUICK.
ALRIGHT, SO IN THIS RENDER WE OMITTED ALL THE LANDSCAPE JUST SO YOU CAN SEE EXACTLY.
UM, SO RIGHT IN FRONT OF US, UM, IF YOU CAN SEE MY MOUSE, THIS IS THE COLLINS HOUSE HISTORIC PROJECT THAT, UH, THAT THE CLIENT MOVED TO THE FRONT.
THE GENERATOR'S ACTUALLY LOCATED RIGHT BEHIND HERE.
THERE'S THIS LITTLE NOTCH OUT HERE, WHICH IS A DEDICATION WE GAVE TO FP AND L WHERE THEY'RE PUTTING A TRANSFORMER.
IT'S MULTIPLE, I DON'T KNOW IF THEY HAVE ALL MY, THE PRESENTATION'S NOT ON HERE.
RIGHT HERE, YOU NO, MY WHOLE PRESENTATION'S NOT HERE YET ANYWAYS.
SO BEHIND THIS IS THE TRANSFORMER.
THE GENERATOR IS ACTUALLY LOCATED RIGHT BEHIND THAT AND IT'S BEING SCREENED.
SO FROM THE FRONT VIEW, YOU'RE NOT GONNA SEE ANYTHING.
WE'RE ALSO GONNA HAVE A LOT OF LUSH LANDSCAPING IN THE FRONT, SO IT'S GONNA COMPLETELY MASK IT.
UM, ONE THING TO NOTE IS THIS PROJECT IS MADE OF TWO BLOCKS, A HUNDRED FEET BY 200 FEET.
LIKE, OR LIKE THE PROPERTY NEXT TO US.
IF YOU WERE TO DO THE 20% SETBACKS ON IT, IT'S 12 AND A HALF FEET.
AND WE'RE CURRENTLY 15, 15 PLUS OR MINUS FEET.
SO WE'RE, IF IT WAS JUST A HUNDRED FOOT WIDE LOT, THIS WOULDN'T BE A, A CONCERN, BUT IT, IT IS A 200 FOOT LOT.
UM, AND THAT'S IT FOR MY PRESENTATION.
UM, AND WITH THAT WE WILL, UH, CONCLUDE THE PRESENTATION.
WE'RE HERE TO ANSWER ANY QUESTIONS.
AND AGAIN, I REALLY WANT TO THANK, UH, YOUR PROFESSIONAL STAFF WORKING WITH US ON THIS PROPERTY AND THE ASSEMBLAGE OF THE PROPERTY.
IT HAS BEEN A, BEEN A VERY PLEASANT AND, UH, REWARDING ENDEAVOR.
UM, LET ME OPEN UP TO PUBLIC COMMENT.
DO WE HAVE ANYBODY ON ZOOM, MR. MADDEN? WE HAVE NO HANDS RAISED ON ZOOM.
GO AHEAD AND CLOSE THE PUBLIC COMMENT, OPEN IT UP TO QUESTIONS FROM THE BOARD.
OKAY, MR. SILVERS, UM, I'M GONNA TRY TO GET THIS CLEAR.
THE ADJACENT PROPERTY, THE APPLICANT PURCHASED THIS BUILDING, SO YES.
UH, SO YOU SEE THAT BUILDING THAT'S ON THE SLIDE? IT'S NO LONGER THERE TODAY.
IT WAS RECENTLY KNOCKED, DEMOLISHED.
IT'S BEEN, YEAH, WE KNOCKED IT DOWN COMPLETELY DEMOLISHED.
THE GATES ARE DOWN THIS MORNING ALSO IN THE FRONT.
THEY NEVER HAD A PERMIT, BUILT A HOLE.
SO THE CITY'S BEEN TRYING TO REMOVE IT FOR A WHILE.
THAT WAS, ANY QUESTIONS? UH, ANY OTHER QUESTIONS FROM THE BOARD? I JUST MADE A COMMENT.
I WAS IN IT YEARS AGO GROWING UP AS A KID.
I THINK IT WAS CALLED ROSSVILLE.
UM, AT THE TIME I DIDN'T KNOW THAT.
AND I GO BY, I GO BY EVERY DAY, YOU KNOW, ON THE, ON THE WAY HOME FROM THE OFFICE.
AND IT'S AMAZING, YOU KNOW, THE AMOUNT OF MONEY THAT MR. WEINER IS INVESTING IN THAT PROPERTY TO RESTORE IT AND, AND TO MOVE THAT BUILDING.
YOU, MATTER OF FACT, WHEN I WAS DOING THE AGENDA REVIEW, YOU KNOW, MR. MATTAU WERE TALKING, I SAYS, I SAYS, I SAID, YOU KNOW, WHO OWNS THAT HOUSE?
JUST, IT'S JUST AMAZING AMOUNT OF MONEY, YOU KNOW, AND I'M ONLY SAYING THAT BECAUSE THE AMOUNT OF MONEY THAT, THAT THIS APPLICANT IS INVESTING IN THE CITY OF MIAMI BEACH, YOU KNOW, AND, AND REALLY DOING THE RIGHT THING, UM, WHICH WE, WHICH WE WISH, YOU KNOW, EVERYONE DID THE RIGHT THING, RIGHT.
A LOT OF PEOPLE DON'T APPRECIATE IT OR DON'T UNDERSTAND IT, BUT IT'S A LOT LESS EXPENSIVE, UH, TO TEAR IT DOWN.
UM, IT'S MUCH MORE EXPENSIVE TO PRESERVE IT AND TO RELOCATE IT WHERE PEOPLE CAN ACTUALLY SEE IT AND ENJOY THE HISTORICAL ARCHITECTURE.
SO I THINK THANK YOU FOR THAT.
BUT YOU GUYS WEREN'T THE REASON WHY WE ALL THAT WORK WAS HAPPENING IN THE STREET IN FRONT OF IT FOR LIKE, THE PAST YEAR AND A HALF.
SO IT WAS, IT WAS, IT WAS PARTIALLY US.
IT WAS PARTIALLY THIS, UH, THE COUNTY.
UM, SO WE HAD TO CONNECT, THIS WAS THE LAST PROPERTY THAT WASN'T CONNECTED TO, UH, WATER AND SEWER.
UM, AND THE MORELO HOUSE, UH, THAT WAS THERE WAS NEVER CONNECTED TO WATER AND SEWER.
UM, SO NOW WE HAVE A FULLY CONNECTED CITY, UH, TO SANITARY SEWER.
UM, THIS WAS THE LAST ONE, SO, WOW.
I MEAN, THAT WAS A BIG PROJECT.
SEE, SEE, NOW THEY KNOW WHAT I'M TALKING ABOUT BECAUSE WE, WE ALL DEALT, I DEALT WITH IT EVERY DAY, BUT IT'S, YES SIR.
WE, WE REALLY APPRECIATE, UH, MR. WARNER DOING THE RIGHT THING.
AND APPRECIATE YOU COMING IN FOR THE PRESENTATION.
[00:45:01]
MOTIONS, MOVE TO APPROVE.MOVE BY MR. DAVIS TO APPROVE VARIANCE AS REQUESTED.
UM, I'LL GIVE IT TO MS. SILVERMAN ON THE SECOND.
OPPOSED? AGAIN, THANK YOU VERY MUCH.
YOU KNOW, MR. IF HE'S WATCHING, THANK YOU FOR YOUR INVESTMENT IN THE STATE OF MIAMI BEACH.
[FUTURE MEETING DATE REMINDER: November 07, 2025]
NEXT MEETING IS GOING TO BE NOVEMBER 7TH.UM, MR. MADDEN, CAN YOU GIVE US KIND OF AN IDEA? I, I KNOW IT'S KIND OF A MOVING TARGET NOW WITH THESE CONTINUANCES, LIKE WHAT THAT MEETING'S GONNA LOOK LIKE AS FAR AS ITEMS WE HAVE, SORRY, WE HAVE 1, 2, 3, UM, THREE I, WELL, THERE SHOULD BE THREE ITEMS ON THE AGENDA.
THREE, FOUR ITEMS. NEW, THREE, FOUR ITEMS. NEW APPLICATIONS.
NO, NO CONTINUANCE AND NO, THIS, THAT INCLUDES THE CONTINUANCES.
SO FOR NEW APPLICATIONS WE HAVE ONE, ONE NEW APPLICATION AND THEN WE HAVE TWO THAT WERE CONTINUED TO THE NOVEMBER MEETING.
UM, ANY OTHER QUESTIONS? BOARD GOOD AND WELFARE.
THANK YOU SO MUCH FOR COMING IN.
APPRECIATE IT AND HAVE A GREAT REST OF YOUR DAY EVERYBODY.