* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] PLEASE STAND BY. WE ARE GOING ON AIR IN 5, 4, 3, 2, 1. GOOD MORNING, EVERYONE. MORNING. WELCOME TO THE DESIGN REVIEW BOARD MEETING. TODAY IS OCTOBER 23RD, 2025. I THINK WE NEED TO START BY SWEARING IN ANY APP, UM, PRESENTER THAT WILL BE SPEAKING ON ANY OF THE ITEMS. UH, THANK YOU. UM, I'LL, I'LL TAKE OVER AT THIS POINT. GOOD MORNING ALL. UM, I'M GONNA LET EVERYONE KNOW HOW THE MEETING IS GOING TO BE HELD IN THE HYBRID FORMAT AND HOW YOU CAN, UM, APPEAR VIA THE ZOOM PLATFORM AS WELL AS, UH, SWEAR THE FOLKS IN THAT ARE HERE AND, UH, REMIND EVERYONE ABOUT THE CITY'S LOBBYIST REGISTRATION. UH, BUT BEFORE I BEGIN, I THINK, UM, WE TAKE ATTENDANCE. YES. UM, SO I'M GONNA DO A DUAL ROLL CALL. WE DO HAVE SOME, SOME ABSENCES TODAY. SO, UM, MAYRA OLI HERE. SCOTT DIFFENDERFER IS CURRENTLY ABSENT. HOWEVER, HE HAS INDICATED THAT HE WILL BE HERE, UM, PROBABLY AROUND 10 30. UM, CHAIR GIL NELSON IS ABSENT TODAY. UM, AND THEN I'LL CONTINUE. UM, MR. LESTER. HERE. MS. LEWIN? HERE. MR. BERG. HERE. MR. PEZ PRESENT. ALRIGHT, SO WE HAVE, UH, FIVE MEMBERS PRESENT AND WE DO HAVE A QUORUM OF THE BOARD AND WE CAN PROCEED WITH THE MEETING, UM, BECAUSE, UM, SARAH GILLER NELSON, SHE'S OUR CHAIR. SCOTT DIFFENDERFER IS THE VICE CHAIR. UM, WE WILL NEED A MOTION AND A SECOND AND A VOTE TO, UM, TO SELECT THE TEMPORARY CHAIR FOR THE MEETING. UM, MS. OLI HAS, UH, GRACIOUSLY VOLUNTEERED IN CASE ANYBODY WOULD LIKE TO NOMINATE HER, UH, TO BE THE TEMPORARY CHAIR NOMINATED. MS. LL PRONOUNCE IT. MYRA . MYRA . I, NOT MYRA. OKAY. WE DO HAVE A SECOND. I'LL SECOND THAT. OKAY. ALL THOSE IN FAVOR? AYE. AYE. ALRIGHT. MOTION PASSES. CONGRATULATIONS MS. INTERIM CHAIRPERSON TILL 10 30 THIS MORNING. SO, [ City Attorney Updates Memorandum October 23, 2025] UM, THE FIRST THING WE HAVE IS UPDATES FROM THE CITY ATTORNEY. CORRECT? UH, THERE'S NO UPDATES. SO WITH THAT, UM, I'LL LET EVERYONE KNOW HOW TO ATTEND. VIRTUALLY UH, TODAY'S MEETING OF THE DESIGN REVIEW BOARD HAS BEEN SCHEDULED IN A HYBRID FORMAT WITH A QUORUM OF THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL, AND APPLICANT STAFF MEMBERS AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA THE ZOOM PLATFORM. THOSE WISHING TO PARTICIPATE IN TODAY'S MEETING VIA THE ZOOM PLATFORM MAY DIAL 8 8 8 4 7 5 4 4 9 9, AND ENTER THE WEBINAR ID, WHICH IS 8 2 2 7 3 9 4 1 9 2 4, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 2 2 7 3 9 4 1 9 2 4. 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 HERE TODAY, I'M GONNA READ INTO THE RECORD THE CITY'S NOTICE REGARDING LOBBYIST REGISTRATION. IF YOU ARE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR ANOTHER PERSON, YOU NEED NOT 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 TESTIFYING ONLY ON YOUR BEHALF AND NOT ANY OTHER PARTY, OR IF YOU ARE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR IF YOU ARE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION 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 PRINCIPLE ON WHOSE BEHALF THEY ARE COMMUNICATING. IF YOU ARE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR OBJECTOR, YOU MUST REGISTER AS A LOBBYIST. THESE RULES APPLY WHETHER YOU'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE. UH, SO FOR THOSE IN CHAMBERS 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. I DO. OKAY. AND AGAIN, FOR THOSE APPEARING, PLEASE PROCEEDED FOR THOSE APPEARING, UH, VIRTUALLY. I'LL BE SWEARING YOU IN ONE BY ONE BEFORE YOU ADDRESS THE BOARD. UH, WITH THAT, I'LL TURN IT BACK TO YOU, MADAM CHAIR. OKAY. SO THE FIRST ITEM WE HAVE [1. After Action September 11, 2025] IS APPROVAL OF THE SEPTEMBER 11TH, UM, AGENDA AND, UM, OR SEPTEMBER 11TH MEETING, UM, WHO WANTS [00:05:01] TO MAKE A MOTION FOR APPROVAL OF THE SEPTEMBER 11TH MINUTES? I'LL MAKE A MOTION TO APPROVE. SECOND. OKAY. ALL THOSE IN FAVOR? AYE. AYE. AYE. ALRIGHT. MOTION PASSES. NEXT IS [2. After Action September 19, 2025] APPROVAL OF THE AFTER OF THE, UM, AFTER ACTION FOR SEPTEMBER 19TH, 2025 MEETING. WHO WANTS TO MAKE A MOTION FOR THAT? UM, MAKE A MOTION TO APPROVE. OKAY. SECOND TO DEFER. APPROVE TO APPROVE. SECOND. SECOND. ALL IN FAVOR? AYE. AYE. OKAY. UH, IS THERE ANY OTHER BUSINESS, UH, MR. MADON THAT WE NEED TO ADDRESS? UM, THAT'S, THAT'S ALL FOR OUR STANDARD BUSINESS. WE CAN MOVE ON TO THE CONTINUANCES IF YOU'D LIKE. OKAY. SO WE HAVE A CONTINUANCE, UH, SLASH WITHDRAWAL, AND THAT IS FOR DRB 24 DASH 10 61. LOCATION IS 1414 MELTON ROAD. WE HAVE ANOTHER CONTINUANCE SLASH WITHDRAWAL FOR DRB 25 DASH 11 0 0, LOCATED AT 28 VENETIAN WAY. RIGHT OF WAY. WE HAVE AN OPEN AND WE HAVE FOUR OPEN AND CONTINUED ITEMS AND PREVIOUSLY CONTINUED ITEMS. UM, AND MR. MADAM, WE'RE GONNA DISCUSS THESE TODAY, OR WE'RE JUST CONTINUING THEM. THE PREVIOUSLY CONTINUED ITEMS WILL BE DISCUSSED TODAY. TODAY, YES. OKAY. SO THE FIRST ITEM WE WILL BE HEARING TODAY IS DRB 25 DASH 10 87, ALSO KNOWN AS THEY'RE, THEY'RE ACTUALLY GONNA BE REQUESTING A CONTINUANCE AS WELL. OKAY. THEY LET US KNOW CONTINUANCE YESTERDAY. CONTINUANCE, YEAH. THEY'RE ALSO KNOWN AS DRB 24 DASH 10 26, WHICH IS 94 PALM AVENUE. FIRST ITEM TO BE HEARD THEN TODAY IS DRB 25 DASH 11 12 50 WEST ALITO DRIVE. DRIVE. CORRECT. OKAY. SO LET, LET'S, UM, SO THE FIRST CONTINUANCE [3. DRB24-1061, 1414 Alton Road.] IS DRB 24 10 61. THAT'S 1414 ALTON ROAD. THE APPLICANT IS REQUESTING A CONTINUANCE TO THE JANUARY 8TH, 2026 MEETING IN ORDER TO MAKE SOME, UH, REVISIONS TO THEIR PLANS. WHAT WAS THAT ADDRESS AGAIN? UH, 1414 ALTON ROAD. RIGHT. IT'S THE BANK OF AMERICA SITE ON ALTON ROAD. YES. THAT ONE'S CONTINUED. SO, BUT WE WILL, WE WILL NEED A MOTION AND, UH, TO CONTINUE, BUT WITH THE APPLICANT'S THERE IN CASE. UH, MORNING EVERYONE. GRAHAM PENN, 200 SETH PISCA BOULEVARD. AS, AS ROGELIO NOTED, THE, UM, THIS IS THE BANK OF AMERICA SITE. UM, THE BANK WANTS TO REVISIT THE DESIGN THAT WE HAD SUBMITTED, SO WE WOULD ASK FOR CONTINUANCE OF THE MATTER TO THE JANUARY MEETING. SO WHO WANTS TO MAKE A MOTION TO CONTINUE THE ITEM AT 1414 ALTON ROAD? I'LL MAKE A MOTION TO CONTINUE. SECOND. SECOND. ALL IN FAVOR? AYE. AYE. OKAY. THANK YOU SO MUCH. WE'LL SEE YOU THEN. THANK YOU. UM, SO WE NEED TO [4. DRB25-1100, 28 VENETIAN WAY RIGHT-OF-WAY.] MAKE A MOTION ALSO FOR THE VENETIAN WAY RIGHT OF WAY. YES. 28. OKAY. WHO WANTS TO MAKE A MOTION TO DEFER ITEM FOR DRB 25 DASH 1100 AT 28 VENETIAN WAY, RIGHT OF WAY. THEY'RE, THEY ARE, THIS IS A CITY PROJECT AND THEY'RE REQUESTING A CONTINUANCE OF THE NOVEMBER 20TH, 2025 MEETING. THEY'RE ALSO MAKING SOME REFINEMENTS TO THE PLANS. OKAY, SO MOVED. SECOND. I'LL SECOND IN FAVOR. AYE. AYE. AYE. OKAY. NEXT IS A MOTION [5. DRB25-1087 a.k.a DRB24-1026, 94 PALM AVENUE. ] TO CONTINUE DRB 25 DASH 10 87, ALSO KNOWN AS DRB 24 DASH 10 26, LOCATED AT 94 PALM AVENUE. WHO WOULD LIKE THE, THE APPLICANT HERE IS REQUESTING A CONTINUANCE TO NOVEMBER 20TH, LIKE TO MAKE A MOTION TO CONTINUE THE ITEM TO NOVEMBER 20TH. SO MOVED. SECOND. SECOND. ALL IN FAVOR? AYE. AYE. AYE. ALRIGHT, JUST FOR THE RECORD, IS OUR NEXT MEETING ON THE 20TH OF NOVEMBER? YES. OKAY. OKAY. AND THE FIRST ITEM TO BE HEARD TODAY IS DRB 25 DASH 11 12 50 WEST ALITO DRIVE. OKAY. THIS APPLICATION HAS BEEN FILED REQUESTING A DESIGN REVIEW APPROVAL FOR THE NEW CONSTRUCTION OF A TWO STORY RESIDENCE, INCLUDING ONE OR MORE WAYS. MICHAEL LARKIN, I THINK IS YES. UH, SORRY. ALEJANDRO MICHAEL LARKIN, 200 SOUTH PISCA BOULEVARD HERE REPRESENTING THE APPLICANT. THERE ARE, UH, AS AN OBJECTOR IN THE AUDIENCE TO OUR APPLICATION. SO WE WOULD STRONGLY PREFER TO WAIT UNTIL THERE'RE FULL BOARD, UNTIL MR. DIFFENDERFER HAS ARRIVED AT 10 30. OKAY. OKAY. SO, SO YOU CAN TABLE OUR APPLICATION UNTIL THEN, PLEASE. SO WE WILL WAIT TO HAVE, UM, ANOTHER MEMBER OF THE BOARD JOIN US, WHICH WILL BE SOMETIME AFTER 10 30 THIS MORNING. WE WILL GO ON TO ITEM NUMBER [7. DRB25-1080, 6788 COLLINS AVENUE ] SEVEN ON THE AGENDA, WHICH IS DRB 25 DASH 10 80, LOCATED AT 67 88 COLLINS AVENUE. OKAY. THIS APPLICATION [00:10:01] HAS BEEN FILED REQUESTING DESIGN REVIEW APPROVAL FOR MODIFICATIONS TO THE FACADE OF AN EXISTING COMMERCIAL SHOPPING CENTER. SPECIFICALLY, THE APPLICANT IS REQUESTING TO RENOVATE THE FACADE BY RE CLADDING WITH NEW MATERIALS. OKAY. SO THIS IS, UH, AN APPLICATION THAT HAS BEEN CONTINUED A FEW TIMES. UH, ORIGINALLY IT WENT TO THE BOARD ON, UH, ON MAY 15TH, 2025. THE BOARD APPROVED THE RE CLADDING OF THE FACADE. HOWEVER, THE BOARD CONTINUED AN ITEM, UH, REGARDING THE DESIGN OF THE, UM, THE DESIGN OF THE PARKING LOT, LIGHTING, LANDSCAPING, UH, AND A FEW OTHER ISSUES. SO THE BOARD CONTINUED THAT ITEM, UM, ON JULY 10TH. THAT WAS CONTINUED TO, UM, UM, THAT WAS CONTINUED TO THE SEPTEMBER 11TH MEETING. UH, AT THE SEPTEMBER 11TH MEETING. THE BOARD DISCUSSED THE REVISIONS AND CONTINUED THE ITEM ONCE MORE TO THE OCTOBER 23RD MEETING. THE APPLICANT HAS SINCE, UH, SUBMITTED A LIGHTING AND LANDSCAPE PLAN, WHICH INCLUDES ADDING A SIGNIFICANT AMOUNT OF LANDSCAPING ALONG THE PERIMETER OF THE EXISTING PARKING LOT. UH, THE PLANS, UH, INCLUDE THE INSTALLATION OF NEW MODERN LIGHTING FIXTURES. UM, THE APPLICANT HAS ALSO PROVIDED SOME RENDERINGS, INCLUDING SOME NIGHTTIME RENDERINGS THAT SHOW HOW THE LIGHTING, UH, WILL FUNCTION ALONG THE FACADE. UM, AND, UH, AND WE BELIEVE THAT THE, THE MODIFICATIONS THAT THEY HAVE PROPOSED ARE CONSISTENT WITH THE DESIGN DIRECTION THAT WAS PROVIDED BY THE BOARD AND STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE DRAFT ORDER. THANK YOU. MAY PROCEED BEFORE WE PROCEED. UH, ARE THERE ANY DISCLOSURES FROM THE BOARD? THAT'S CORRECT. ANY EX PARTY COMMUNICATIONS? YES. DISCLOSURES. OKAY, GREAT. THANKS. I'LL SET THE CLOCK AT 10 MINUTES. GOOD MORNING. HOW ARE YOU? YES, MA'AM. UH, I'M THE LEAD, UH, FOR THE FAMILY OFFICE, THE COMPANY I WORK FOR THAT RUNS THE PROPERTY FOR THIS PROJECT. , UH, THIS IS, UH, OUR ARCHITECT. MORNING, EVERYONE. UH, MY NAME IS YA WOLF. I'M, UH, THE ARCHITECT OF RECORDS FOR THE JOB WITH FORM FOR ARCHITECTURE. UH, AND SHIMON SHOULD BE, OUR OTHER ARCHITECTS SHOULD BE ON THE ZOOM. UH, WE HOPE THAT YOU, UH, APPRECIATE THE WORK WE'VE MADE AND THE ADJUSTMENTS THAT I'LL HAND IT OFF TO OUR, OUR ARCHITECT TO TAKE THE LEAD. YES. UH, SO, UH, PICKING UP FROM THE PREVIOUS MEETING COMMENTS, THERE WAS A COMMENT ABOUT THE, UH, THE ONE SCAPE THAT THERE WAS SUFFICIENT INFORMATION OF, UH, UH, LIKE CORE SCHEME AND RENDERINGS, HOW IT'S GOING TO LOOK LIKE. SO IN THIS PRESENTATION WE PROVIDED ADDITIONAL SLIDES WITH RENDERINGS AND COURSE HIM AND, UH, OUR WCAP ARCHITECT, UH, UH, REVISED, UH, UH, THEIR PLANTS TO SHOW MORE OF A NATIVE SPECIES, UH, IN THE SITE. AND AS YOU CAN SEE, LIKE IN THE PRESENTATION, LIKE, UH, WE HAVE A DYNAMIC, UH, SETTING OF WCAP THAT'S, UH, UH, MAKING THE, THE SIGNIFICANTLY IMPROVING, UH, THE SITE. I, I'LL JUST SKIP TO TOWARDS THE WALL SLIDE WITH, WITH A BUNCH OF RENDERINGS THAT WE HAVE THERE, YOU SEE THE, UH, THE SIGNIFICANT IMPROVEMENT AND, UH, THE DYNAMICS BEING CREATED, LIKE ON THE SITE WITH, UH, DIFFERENT LAYERS OF ONE SCAPE, LIKE A SURFACE LAYER, UH, ANOTHER LAYER, WHICH IS BUSHES. AND THEN ON TOP OF THAT, THE, THE, THE PALM TREES. UH, UH, REGARDING THE OTHER COMMENT THAT WE HAD ABOUT THE WRITING, UH, LEMME GO BACK TO THE WRITING SCHEME. I'M GOING TOO FAST. I'M SORRY. YES. UH, REGARDING, THERE WAS A COMMENT ABOUT THE WOLF PACKS ON THE FACADE. SO WE DECIDED TO REMOVE THE WOOL PACKS IN THE CURRENT, UH, WHITING STRATEGY. WE HAVE, UH, SIX, UH, POLES AROUND THE SIDE, THREE OF THEM IN THE I ONE TO ONE ACCORDING AVENUE. AND YOU CAN SEE THE OTHER, UH, THREE, ONE IS BASED ON THE SOUTHERN SIDE ON THE SIDE. THE OTHER IS ON THE NORTHERN SIDE, LIKE, UH, CLOSE TO BUILDING ONE. AND ONE IS THE MIDDLE, LIKE IN THE PENA THAT YOU HAVE BY THE A DA PARKING SPOTS. AND, UH, EACH OF THESE POLE HAVE LIKE THE TWO LIGHT FIXTURES, SO TOGETHER TO HAVE 12 WHITE FEATURES. AND THEN ANOTHER LAYER OF LIGHTING IS THAT, UH, WE'LL HAVE THE CANOPY OVER THE PEDESTRIAN, UH, UH, PASSAGEWAY, UH, BY THE MAIN, UH, ENTRY OF THE BUILDING. WE HAVE LIKE SOFT LIGHTINGS IN THERE. AND, UH, AS A FEATURE LIKE, UH, ON THE CROWN, WE HAVE LIKE THIS SUBTLE, UH, RECESS LIGHTING. UH, AND THEN THE, UH, THE CURRENT TENANTS LIGHTS, THE, THEY ARE SIGNAGES ALL ELIMINATED. SO WE THINK, UH, UM, BY REMOVING THE, THE WES THAT WE HAVE, WE, WE STILL LIKE, HAVE A SUFFICIENT, UH, UH, LIGHTING FOR, FOR THE SCHEME AND WITHOUT COMPROMISING THE AESTHETICS. DO YOU HAVE ANY OTHER PICTURES THAT REFLECT THE CANOPY WITH THE LIGHTING THAT YOU WERE REFERRING TO? YOU MEAN TO THE UNDERSIDE OF THE CANOPY? THE, YEAH, DO, ARE THERE ANY OTHER PICTURES REFLECTING [00:15:01] YOUR PROPOSED LANDSCAPING? AND, OKAY. YOU CAN SEE HERE, LIKE, UH, ON THE STORE PHONES, THEY LEAD FROM THE SOFFIT. MM-HMM . THE LIGHTS ITSELF, IT'S RECESSED WITHIN THE SOFFIT, SO WE DON'T HAVE LIKE A RENDERING THAT SHOW FROM BELOW, BUT LIKE IT'S A TYPICAL RECESSED LIGHT, UH, ALONG THE, THE SIDEWALK, UH, IN FRONT OF THE BUILDINGS. AND YOU ARE CURRENTLY REPLACING THE HEDGE THAT EXISTS, THAT RUNS ALONG THE COLLINS AVENUE SIDEWALK? YES. WE WE'RE REPLACING THE HEDGE AND WE SEES LIKE A SIGNIFICANTLY IMPROVED THE ONE COLLINS. AND YOU ARE ADDING, WE HAVE LIKE A BARRIER ADDING PALM TREES ON THE FRONT FACING COLLINS AND TOWARDS THE NORTH ENTRANCE AS WELL, OR THOSE ARE EXISTING, THAT'S GONNA BE, UH, ADDITIONAL. ADDITIONAL. OKAY. WE HAVE A SLIDE THAT HAS THE BEFORE AND AFTER. THERE WAS A QUESTION I THINK LAST TIME AND, AND YOU ALL MAY REMEMBER. WAS THERE A QUESTION CONCERNING SIGNAGE? I, I BELIEVE THE, THE SIGNAGE WAS PART OF THE ORIGINAL APPROVAL OF THE FACADE. OKAY. THE CONCERN WAS THE, THE LIGHTING OF THE SIGNAGE AND THE LIGHTING OF THAT FACADE. UM, SO WITH THE RENDERING, YOU CAN SEE THAT IT'S A, IT'S A GLOW BEHIND THE, THE FRONT OF THE SIGNAGE. SO THOSE, THOSE WILL BE THE TYPICAL SIGN TYPES. OBVIOUSLY IT'S, THEY DON'T REFLECT THE ACTUAL BUSINESSES THAT WILL BE LOCATED IN THE SHOPPING CENTER, SO IT'S TO GIVE YOU AN IDEA. UM, BUT THE LIGHTING THAT THEY'RE SHOWING HAS, UH, A CHANNEL LETTER WITH LIGHTING LOCATED BEHIND THE CHANNEL LETTER. OKAY. SO IF YOU'RE FINISHED WITH YOUR PRESENTATION, WE'LL OPEN IT UP TO THE BOARD FOR ANY QUESTIONS THAT THEY MAY HAVE. YES, I'M FINISHED. THANK YOU. QUESTIONS FROM BOARD MEMBERS WHO WOULD LIKE TO BEGIN? OH, PUBLIC COMMENTS. ANY, ANYBODY WITH THEIR HAND UP VIRTUALLY? WE HAVE, UM, ONE PERSON SHIMON KY ON ZOOM WITH THE HAND RAISE. I THINK HE'S ARCHITECT. ARCHITECT. WHAT'S THE ARCHITECT TEAM WITH YOUR TEAM? SO IF YOU'D LIKE FOR HIM TO SAY ANYTHING OR THEN I WOULD HAVE TO SPRAY HIM FIRST. HI EVERYBODY, THIS IS, UH, SHIMAN ZAKI WITH WAL AND PLANNING DESIGN. UH, SIR, THAT WAS MY SIR SIMONON, IF YOU COULD JUST WAIT ONE SECOND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I SWEAR. OKAY. THAT I, I'LL PLEASE PROCEED. UH, I THANK, YES. SO I DID WANT TO POINT OUT THE FACT THAT, UM, IN TERMS OF THE, THE QUESTIONS OF, UM, LIGHTING AND LANDSCAPE, SO WE DID MAKE A VERY CONCERTED EFFORT TO MAINTAIN A NATIVE LANDSCAPE PLANTING PLAN. UM, SO OVER 80% OF THE OVERALL PLANTING PLAN IS, IS NATIVE. UM, AND SO WE'VE, WE'VE CREATED KIND OF, UM, USING THE COMMENTS THAT WE RECEIVED IN THE MAY 15TH, UH, HEARING, WE'RE CREATING LIKE A MOUNDED EFFECT BETWEEN COLLINS AVENUE AND THE PARKING LOT, UM, WHICH WAS BASICALLY, UM, ORCHESTRATED BETWEEN, UH, GROUND COVERS, MOUNTED, UH, SHRUBS, AND THEN, UM, PALMS KIND OF FILLING IN. SO THERE'S, THERE'S REALLY AN EFFORT THERE TO KIND OF CREATE A VERY HIGHLY AESTHETIC AREA, UM, VERY TOLERANT OF THE LOCAL CLIMATE, UM, AND VERY RESILIENT. UM, AND THEN REGARDING THE LIGHTING, YES. SO WAKE, UH, LIO WAS SAYING THAT WE DO HAVE THE CHANNEL BACKLIT LIGHTING FOR THE SIGNAGE. UM, AND, UH, WE HAVE THE, THE 12 FOOT POLES AS WAS RECOMMENDED WITHIN THE SITE. UM, AND THE MAIN KIND OF ARCHITECTURAL GESTURE ARE THOSE TWO, UM, KIND OF CROWN CONDITIONS. AND REALLY THE CONCEPT THERE IS JUST TO CREATE A LITTLE BIT OF A SOFT LIGHT WASH, UM, JUST TO GIVE A LITTLE BIT MORE OF AN AMBIENT KIND OF, UH, EFFECT. UM, SO OUR DESIGN TEAM REALLY TOOK THE COMMENTS TO HEART THAT WE RECEIVED, UM, IN MAY AND ALSO IN THE SUBSEQUENT MEETING IN SEPTEMBER TO REALLY COME UP WITH A, WITH A SENSITIVE AND REALLY A COMPREHENSIVE APPROACH TO TO, TO THE LANDSCAPE AND THE, AND THE LIGHTING OF THIS, OF THE SPACE. THANK YOU. THANK YOU. UM, BOARD MEMBERS WHO WOULD LIKE TO BEGIN, DOES ANY BOARD MEMBER HAVE ANY QUESTIONS OR COMMENTS TO MAKE? I APPRECIATE THE REMOVING THE WALL PACKS AND SOFTENING THE LIGHTING AND, AND LIGHTING THE CROWNS AND GIVING THIS A, A NICER PRESENCE. WERE THERE ADDITIONAL POLES ADDED OR, WE ALWAYS HAD SIX, SIX POLES IN THE, IN THE, IN THE LIGHTING PACKAGE. SO SHIMAN, IS THAT SOMETHING YOU CAN, IF I MAY, YEAH, YEAH. UM, IT MAY I SPEAK. SO WE ACTUALLY DID AN ADD, UM, FOUR POLES TO THE SITE, UM, ESSENTIALLY SO, SO THAT WE DON'T HAVE THOSE WALL PACKS. UM, IN, INITIALLY THE POLES WERE ONLY IN THE BUFFER PLANTING BETWEEN COLLINS AND THE, THE PARKING PLAZA. NOW WE HAVE ADDED, UM, [00:20:01] POLES ESSENTIALLY ON THE SOUTH SIDE OF THE SITE IN THE PLANTING AREA. UM, AND ALSO IN THE MEAT, LIKE KIND OF THOSE, UM, LIKE, UH, PARKING, UH, I DON'T KNOW WHAT YOU WOULD CALL THOSE, LIKE KIND KIND OF BARRIERS, UM, CLOSER TO THE BUILDING. SO, SO THOSE ARE CREATING THE PROPER FOOT CANDLES FOR THE, THE SITE. OKAY. ANY OTHER COMMENTS FROM BOARD MEMBERS? OKAY, I, LAURA, I HAVE ONE QUESTION WHICH I WILL BE ASKING EVERY, UH, APPLICANT THAT COMES BEFORE US TODAY. UM, AND THAT IS, UM, DO YOU KNOW OF ANY NEIGHBOR THAT HAS, UM, APPROVED OR IN CONSENT WITH WHAT YOU'RE DOING OR OPPOSED TO WHAT YOU WERE DOING? ANY OF YOUR NEIGHBORS? NOT THAT I'M AWARE OF. NOT THAT YOU'RE AWARE OF AND YOU HAVE NOT MADE, NOR HAVE YOU RECEIVED ANY KIND OF, UM, GIFT OR RE REMUNERATION IN EXCHANGE FOR ANY OF THEM? UH, KEEPING QUIET BECAUSE OF THEIR OPPOSITION OR IN FAVOR? AGAIN, LET THEM AWARE. OKAY. WE OWN, THANK YOU VERY MUCH. ALSO ON THE SOUTH OF, UH, OF THIS PLAZA. OKAY. AND YOU'LL BE BRINGING THAT PROPERTY SOON, I GUESS, TO THE DRB? WELL WE HOPEFULLY WITH A BEAUTIFUL STRUCTURE. YEAH. OKAY. THANK YOU. UM, SO WE NEED A MOTION TO APPROVE THIS, UM, PROJECT. WHO WOULD LIKE TO MAKE THE MOTION A MOTION TO APPROVE IT. SECOND, I'LL SECOND THAT. ALL IN FAVOR? AYE. AYE. AYE. THANK YOU. THANK YOU VERY MUCH. LUCK. APPRECIATE IT. GOOD LUCK THOSE AGAINST, AYE, . OKAY, THE NEXT [8. DRB25-1115, 900 SOUTH SHORE DRIVE – LOT 10.] ITEM IS D RRB 25, 11 15, 900 SOUTH SHORE DRIVE LOT 10. I WAS, WAS THERE, WAS THAT AN A? YES, SIR. YES. OKAY. APOLOGIZE. THANK YOU. OKAY, THE MOTION, THE MOTION PASSES. THANK YOU. GOOD MORNING, NICHOLAS RODRIGUEZ. NICK, BEFORE, BEFORE YOU START, UH, ANY DISCLOSURES FROM THE BOARD? ANY EX PARTY COMMUNICATIONS? NO EX PARTE COMMUNICATION. OKAY. UM, JUST BEFORE WE START THIS ITEM THERE, THIS IS, UM, 900 SOUTH SHORE DRIVE LOT 10. WE HAVE ITEM NUMBER 13 IS 900 SOUTH SHORE DRIVE LOT NINE. THEY'RE BOTH RELATED. THEY'RE PART OF A LOT SPLIT, UH, APPLICATION. SO IT MAY MAKE SENSE IF WE HEAR THE TWO, NOT NECESSARILY TOGETHER, BUT BACK TO BACK JUST SO THE INFORMATION IS FRESH. OKAY. YEAH, SURE. SO WE'LL HEAR AFTER THIS ONE, WE'LL HEAR ITEM 13, WHICH IS LOT NINE. OKAY, PERFECT. WE'RE WE'RE ABLE TO THAT. GOOD MORNING. NICHOLAS RODRIGUEZ, 200 SOUTH PISCA BOULEVARD FROM THE LAW FIRM. BURKE, CALGARY DEL FERNANDEZ, LARKIN AND EZ. UM, HERE WITH STEPHANIE HEIN, OUR ARCHITECT. AND, UH, I DON'T KNOW IF STAFF WANTED TO PRESENT THEIR RECOMMENDATION ON THIS ONE FIRST. UH, I DON'T KNOW. YES. AND ALEJANDRA, IF YOU COULD READ THE TITLE FOR YEAH, THIS APPLICATION HAS BEEN FILED REQUESTING SIGNED REVIEW APPROVAL FOR THE NEW CONSTRUCTION OF A TWO STORY RESIDENCE. HAD A SITE THAT HAS, THAT WAS SUBJECT TO A PLANNING BOARD LOAD SPLIT TO REPLACE AN EXISTING RESIDENCE. OKAY. SO THIS IS, UH, AN APPLICATION FOR A NEW SINGLE FAMILY HOME. THE HOME, UH, WAS THE RESULT OF A LOT SPLIT APPROVED BY THE PLANNING BOARD IN APRIL OF 2024. UM, THIS IS THE EASTERNMOST LOT, LOT 10. UM, THE ONLY REASON THAT THE APPLICANT IS HERE IS BECAUSE OF THE LOT SPLIT THE HOME, IF WERE NOT FOR THE LOT SPLIT IS A HOME THAT COULD HAVE BEEN APPROVED ADMINISTRATIVELY. UM, THE HOME IS DESIGNED IN A CONTEMPORARY STYLE, UH, HIGHLIGHTED BY FLAT ROOFS, WIDE EAVES AND TRAVERTINE CLOUD WALLS THAT ARE BROKEN UP WITH FLOOR TO CEILING GLAZING AND FLUTED WOOD COMPOSITE PANELS. UM, THE, UH, THE HOME, UM, FEATURES ARE PROJECTING SINGLE STORY VOLUME IN THE FRONT OF THE HOUSE WHERE THE GARAGE IS LOCATED AND THE REST OF THE TWO STORY SEARCH LOCATED BEHIND THAT. UM, AND, UH, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER. IT'S A PRETTY SIMPLE APPLICATION. SO GOOD MORNING AGAIN. UH, NICHOLAS RODRIGUEZ, 200 SOUTHEAST KIM BOULEVARD. SO THIS APPLICATION, AS ROGELIO MENTIONED, WAS THE RESULT OF A LOT SPLIT. UM, WE STARTED THAT PROCESS IN 2024 AND A LOT OF CARE WAS TAKEN TO DESIGN THESE HOMES GIVEN THAT IT'S A CORNER LOT. SO IT TOOK A WHILE FOR US TO COME FROM THE LOT SPLIT, UH, TO THIS DRB MEETING AS PART OF THE LOT SPLIT. WE DID, UH, DO COMMUNITY OUTREACH. WE SENT LETTERS AND, UH, CONCEPT PLANS TO ALL THE NEIGHBORS SURROUNDING THE PROPERTY. UM, AND [00:25:01] I'M NOT AWARE THAT WE DID IT FOR THE DRB APPLICATION AGAIN, BUT THE NEIGHBORS ARE GENERALLY AWARE OF THIS APPLICATION, UH, THAT THIS, THE LOT WAS SPLIT. WE HAD NO OPPOSITION DURING OUR LAST SPLIT PROCESS AND WE'RE NOT AWARE OF ANY OPPOSITION TO THIS APPLICATION. SO I'LL TURN IT OVER TO STEPHANIE TO WALK YOU GUYS THROUGH THE DESIGN. UH, BUT GENERALLY SPEAKING, THIS HOME, UH, THIS PROPERTY, THE LOT SPLIT DIDN'T IMPOSE ANY CONDITIONS ON OUR UNIT SIZE OR OUR LOT COVERAGE. UH, WE'RE FULLY COMPLIANT WITH THE LOT SPLIT ORDER, SO WE HAVE, UH, REALLY JUST PRESENTING AN AS A RIGHT HOME TODAY. UH, AND WE'RE ONLY HERE BECAUSE OF THE, WE'RE THE LOTS THE RESULT OF A LOT SPLIT. EXACTLY. HI, GOOD MORNING. HOW ARE YOU? UM, WHERE ARE YOU GUYS PROJECTING THE PRESENTATION? SORRY. 'CAUSE I, OH, THERE WE GO, . THANK YOU. UM, OKAY, SO THIS IS ONE OF THE HOMES. UM, THIS IS A CORNER LOT. UH, AND, AND IT'S ALSO IMPORTANT THAT BOTH LOTS, JUST SO YOU KNOW, UM, EVEN THE LOT THAT, THAT WE'RE SPLIT, BUT THE SIZE OF THE LOTS ARE EQUAL TO THE OTHER LOTS IN THE NEIGHBORHOOD. IT'S NOT THAT THEY'RE SMALL OR ANYTHING IN PARTICULAR. WE DIDN'T ASK FOR ANY VARIANCES OR ANYTHING. WE'RE NOT ASKING FOR ANYTHING. SO THIS IS THE FIRST PROJECT IS, UH, LIKE I MENTIONED, A CORNER LOT, WHICH IS INTERESTING. IT GIVES US THE ABILITY TO HAVE TWO FACADES, UM, THAT ARE VERY, VERY INTERESTING. OF COURSE, WE HAVE THE REAR THAT IT'S TOWARDS THE WATER. AND THEN WE HAVE, UM, OF COURSE THE SIDE THAT LEADS TO OUR OTHER PROPERTY. LET ME GO ONE SECOND. SO OVER HERE YOU SEE THE, UM, THE SIDE PLAN WHERE, WHERE IT'S LOCATED WITH WITHIN THE NEIGHBORHOOD. IT'S IN THE NORMANDY WATERWAY. UH, WE'RE MEETING EVERYTHING THAT HAS TO DO WITH BLOOD COVERAGE, UM, UNIT SIZE, EVERYTHING. UM, AND THE HOMES ARE DESIGNED TO, TO BE, UH, USED FOR A, AS A FAMILY HOME. SO THE OWNER OF THIS LOT ARE, IS GOING TO LIVE IN ONE OF THE, IN THIS PARTICULAR HOUSE, UM, HE WANTED A VERY COMFORTABLE HOUSE WITH, FOR HIS FAMILY. HE LOVES THE WATER. YOU CAN SEE HERE THE, THE CONTEXT, THE STREET, THE HOUSES THAT ARE IN FRONT. IN GENERAL, THE NEIGHBORHOOD IS BEING DEVELOPED INTO A MORE CONTEMPORARY STYLE, UM, DESIGNS. UM, HERE YOU CAN SEE THE FULL STREET SCAPE. UH, IT'S VERY COHESIVE WITH ALL OF THE DESIGNS THAT ARE IN THE NEIGHBORHOOD. OUR PROJECTS ARE, UH, DONE IN A TROPICAL MODERN STYLE. AND THIS PROJECT IN PARTICULAR, I'M GONNA, I'LL GO BACK TO THE FLOOR PLANS, BUT I'M GONNA DRIVE YOU TO THE, TAKE YOU TO THE, SORRY, TO THE RENDERINGS. I DON'T KNOW WHY THEY LAST, BUT, SO WE WERE USING CORAL STONE, UM, TO CREATE THOSE ACCENTS IN THE FACADE. WE'RE USING, UH, THIS COMPOSITE WOOD ELEMENTS ALSO HIGHLIGHTS THROUGHOUT. UH, WE HAVE THE EAVES OF THE ROOF LINE IN, UH, UH, METAL CLADDING. SO AGAIN, IT CREATES A NICE CONTRAST WITH THE DARK, UM, LINES OF THE ROOFS. IT CREATES ALSO, WHICH IS SOMETHING THAT I LIKE TO DO, UH, IN, IN BEING IN, IN LINE WITH THE NEIGHBORS. SO I'M GONNA GO BACK. SORRY, I, I HOPE I'M NOT, UM, MAKING YOU DIZZY, BUT, SO I TRY ALWAYS TO DIFFERENTIATE LIKE THE FIRST FLOOR FROM THE SECOND FLOOR OF THE PROPERTY, SO THAT WAY IT'S BEING KINDER ALSO TO THE NEIGHBORS THAT ARE ONE STORY HOUSES STILL YET. SO YOU CAN READ THE VOLUME AS ONE, UH, BOTTOM FLOOR AND ONE TOP FLOOR. SO THOSE HORIZONTAL LINES HELP YOU GIVE SCALE TO THAT FIRST FLOOR AND THEN SECOND FLOOR. AND THEN REGARDING THE FLOOR PLAN, UM, IT'S A VERY, UM, I WOULD SAY NICE FLOOR PLAN WHERE YOU ENTER, UH, YOU HAVE A, UM, A GUEST UNIT THAT IT'S RIGHT OVER THERE. UH, IN THE ENTRANCE WE HAVE A BEAUTIFUL INTEGRATED, UH, AREA, LIVING SPACE THAT ACCOMMODATES THE SOCIAL AREAS. ALL OF THEM, AND OF COURSE IN THE KITCHEN HAVE THE VIEW OF THE WATER. AND THEN THE STAIRCASE COMMUNICATES TO A MORE, UH, LET'S SAY PRIVATE AREA TOWARDS THE GARAGE AND, UH, FAMILY ROOM, STAFF ROOM. AND ON THE SECOND FLOOR, UM, WE HAVE FIVE BEDROOMS, UM, AGAIN, MASTER BED, UM, PRIMARY BEDROOM, LOOKING AT THE WATER. AND THEN THE OTHER BEDROOMS ARE JUST, UM, IN THE OTHER SIDE OF THE HOUSE, WE CREATED COURTYARDS THAT REALLY HELP ACCENTUATE THE, THAT INDOOR OUTDOOR INTEGRATION, WHICH WE ALSO TRY TO EMPHASIZE IN EVERY ONE OF OUR PROJECTS. SO I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ABOUT THE PROJECT. HAPPY TO ANSWER THEM. THANK YOU. DO WE HAVE ANY COMMENTS FROM THE PUBLIC? ANYBODY WITH THEIR HANDS UP? I SEE NO ONE ONLINE WITH THEIR HAND RAISED. OKAY. SO WE TURN IT TO THE BOARD. DOES ANYONE HAVE ANY QUESTIONS, COMMENTS CONCERNING THE PROJECT? I, I'VE GOT A FEW I CAN START. OKAY. UM, THANK YOU FOR THE PRESENTATION. I THINK THE HOUSE LOOKS, UH, REALLY NICE. BEAUTIFUL. UM, I GUESS I HAVE A QUESTION. WHY IS, IS THIS CONTINUED? BECAUSE WE REVIEWED THIS BEFORE, OR IT WAS ON THE CONSENT AGENDA AT THE SEPTEMBER MEETING AND THE ITEM GOT PULLED AND BECAUSE OF THE LENGTH OF THE AGENDA, IT JUST NEVER GOT HEARD. I SEE. OKAY. SO WE HAVEN'T [00:30:01] SEEN THIS BEFORE. OKAY. IT'S THE LAST ITEM I REMEMBER. OKAY. I JUST WANTED TO MAKE SURE WE DIDN'T NEED TO CHECK THEY, AND THEN THEY REQUESTED, RATHER THAN GOING TO THE OVERFLOW MEETING WE HAD ON THE 19TH BECAUSE THEY HAD ANOTHER ITEM, THEY JUST REQUESTED THAT IT JUST BE BROUGHT TO THIS AGENDA. SO THEY WOULD ONLY HAVE TO COME ONCE. I SEE. OKAY, PERFECT. UM, OKAY. SO, AND THEN I GUESS THAT, THAT WAS JUST A LOGISTICAL THING. I HAD, UM, THE, I WAS LOOKING AT THIS HOME NEXT TO THE LOT 10 HOME, OR EXCUSE ME, THE LOT NINE HOME, BECAUSE I THINK THE PURPOSE OF THE LOT SPLIT, THE REASON WE REVIEW THE LOT SPLIT IS TO ENSURE THAT THE HOMES ARE KIND OF STAND BY THEMSELVES AND THEY DON'T LOOK TO SIMILAR. UM, SO I, I JUST, I WANNA EMPHASIZE THAT 'CAUSE THEY'RE BOTH VERY BEAUTIFUL HOMES, BUT THEY ARE LOOKING SORT OF SIMILAR TO ME. UM, AND I, I GUESS THE USE OF MATERIALS LOOKS IDENTICAL, BUT THE RENDERINGS ARE DIFFERENT IN ENOUGH IN COLOR TONE. SO LIKE FOR INSTANCE WITH THE TRAVERTINE, IT LOOKS LIKE ONE'S LIGHTER, ONE'S DARKER. IS THAT THE INTENT TO USE DIFFERENT TYPES OF ? YEAH, IT'S DIFFERENT STONES. ACTUALLY ONE, IF WE CAN PULL UP THE RENDERINGS AGAIN, I'LL SHOW YOU THIS HOME IN PARTICULAR, WE'RE USING CORAL STONE. WE'RE NOT USING TRAVERTINE, WE'RE USING THE OTHER ONE. WE ARE USING TRAVERTINE HERE, WE'RE USING CORAL STONE. AND WE ARE, WE HAVE ALL THESE WOOD ELEMENTS THAT WRAP AROUND, UM, THE ENTIRE FACADE AS WELL. THE OTHER BIG DIFFERENCE IS THAT THIS HOME HAS, UM, THE BLACK, UH, EAVES IN THE, WHICH IS ALSO DIFFERENT TO THE OTHER ONE THAT IT'S WHITE, IT'S THICKER, THIS IS THINNER. UM, AND IN GENERAL, YOU'RE REFERRING TO THE ROOF EDGE. THE ROOF EDGE. CORRECT. THE ROOF EDGE. UM, SO THAT'S ALSO SOMETHING THAT'S, THAT DIFFERENTIATES THE TWO HOMES. I UNDERSTAND THEY'RE BOTH WITHIN THE CONTEMPORARY STYLE, BUT THE MATERIALS ARE DIFFERENT. THE TONES ARE DIFFERENT. THIS ONE IS MEANT TO HAVE THOSE VERY DARK ELEMENTS. UM, AND THE OTHER ONE IS DOESN'T. SO THIS ONE LOOKS, UM, AGAIN, IT, THIS ONE ALSO HAS SOME PLANTERS IN THE, IN THE FACADE. AND, UH, SO LET ME SEE IF I CAN HAVE THE, THERE'S AN ELEVATION THAT, AGAIN, THE ELEVATION, SINCE IT'S SMALL, YOU CAN SEE. YEAH, THE SIDE BY SIDE WAS HELPFUL. I JUST WANTED TO, IT SAID LIKE BOTH SAID TRAVERTINE, SO I WAS, I WASN'T SURE IF IT WAS JUST THE COLOR. NO, SORRY ABOUT THAT. NO RENDERINGS. AND, UM, BUT YEAH, I AGREE. I MEAN IF IT'S, IF IT'S GONNA BE KIND OF AS THE COLOR SCHEME AND THE STONE TYPE THAT YOU'RE SHOWING HERE, UM, I'M NOT AS CONCERNED, BUT THAT WAS SOMETHING I I WANTED TO JUST ASK AND GET A LITTLE MORE CLARITY ON. NO, NO. THE, THE IDEA IS THAT THEY ARE, UM, THAT, THAT WE MAKE THE DIFFERENCE BETWEEN THEM WITH THE TONES AND THE COLORS. AND OF COURSE THE, AGAIN, THE EDGES OF THE ROOF LINES ARE DIFFERENT, HOW ONE PROJECTS MORE THAN THE OTHER ONE. SO IF YOU, AGAIN, THEY TOOK IT OUT. BUT IF YOU, YOU SEE SIDE BY SIDE, UM, ONE GARAGE ACTUALLY HAS, UM, LIKE THAT GLASS ON TOP. THEN THE SLAB OF THE SECOND FLOOR PROJECTS FURTHER. THIS ONE, THE VOLUME OF THE, THE CORNER LOT, THE VOLUME OF THE GARAGE DOESN'T HAVE ANYTHING ON TOP. SO AGAIN, IT'S HARD TO MAKE LIKE A, SUCH A STRONG DIFFERENCE IN THE SMALL SCALE JOINTS. BUT THEY ARE DIFFERENT. THE TONGUES ARE DIFFERENT AND, AND THAT'S THE IDEA. OKAY. OKAY. YEAH. SO I THINK AS LONG AS THE MATERIALS ARE DIFFERENT AND MORE CLOSELY TO OTHER RENDERINGS ARE, UM, I'M NOT AS CONCERNED, BUT I WANTED TO JUST ENSURE, YEAH. SO, UH, THROUGH THE CHAIR. SO THERE ARE CONDITIONS IN THE ORDER THAT TIE US TO THE SPECIFIC COLORS ON A MANNER TO BE REVIEWED AND APPROVED BY STAFF. IF WE WANT, WE COULD TWEAK THOSE CONDITIONS TO ADDRESS THE CONCERN TO JUST, YOU KNOW, HAVE STAFF ENSURE THAT THEY'RE DIFFERENT COLORS AND MATERIALS THAN DIFFERENT STONE. YEAH, DIFFERENT STONE THAN WHAT'S BEING PROPOSED OF THE NEIGHBORING LAWN. UM, IF STAFF DOESN'T OBJECT TO THAT, THAT WOULD BE FINE WITH THAT. NO OBJECTION. FOLLOWING UP ON THAT QUESTION, WHAT DID YOU USE, UM, AND WAS IT DIFFERENT THE, UM, MATERIAL USED FOR THE DRIVEWAYS ON EACH OF THE HOMES? SO THE DRIVEWAYS IN GENERAL SOMETIMES ARE D SO WE ARE USING PAVERS, UM, AND WE CAN USE A DIFFERENT TONE PAVER FOR EACH. THAT CAN ALSO BE A CONDITION. UM, AND PAVERS I USE ALSO, AGAIN, JUST TO HELP WITH DRAINAGE. SO WE, YOU CAN MAKE IT A CONDITION THAT YOU CAN USE DIFFERENT, THE DRIVEWAYS, JUST SO YOU KNOW, ARE NOT SIDE BY SIDE. SO THERE, BECAUSE WE ENTERED, SO ONE IS ON THE STREET END, CORRECT? THE OTHER ONE IS, ONE IS ON THE, UM, LET'S SOUTH SHORE AND THE OTHER ONE IS TOWARDS THAT ALLEY HERE. YEAH. SO THEY'RE NOT SIDE BY SIDE. YOU'RE NEVER GONNA BE ABLE TO SEE THEM RIGHT NEXT TO EACH OTHER. OKAY. JUST AGAIN, IF YOU WANT A SLIGHTLY DIFFERENT TONE OF THE, OF THE PAPER, THAT'S FINE AS WELL. I THINK THAT WOULD BE MY RECOMMENDATION THAT THERE'D BE SLIGHTLY DIFFERENT OR DIFFERENT. THAT, THAT'S ABSOLUTELY FINE STYLE OR DIFFERENT TYPES OF, UM, COLOR STONES FOR EACH OF THE HOMES. OKAY. ANY OTHER QUESTIONS, COMMENTS? NO. OKAY. DO WE HAVE A MOTION TO APPROVE [00:35:01] THIS PROJECT? SO I APOLOGIZE. SO JUST TO, TO CLARIFY, SO YOU, YOU RECOMMEND ADDING A CONDITION REGARDING, UH, ENSURING THAT THERE ARE DIFFERENT COLORED, UH, PAVING MATERIALS, STONES ON EACH, AS DID FOR THE HOME, UM, OKAY. TO DO SOMETHING DIFFERENT WITH THE, UM, PAVERS. OKAY. WE'LL ADD A, WE WILL ADD A CONDITION IN THE ORDER, UH, FOR THAT THE REST OF THE BOARD ISN'T AGREEMENT. THAT'S YES, THAT'S JUST ME. YES. SO I'LL SUPPORT THAT AND I'LL MOVE THAT ITEM. I'LL SECOND THAT. OKAY. OKAY. THANK YOU. I HAVE A MOTION BY MR. PAZ, SECOND BY MS. LEWIN. UM, ALL THOSE IN FAVOR A? AYE. AYE. AYE. OPPOSED? OKAY. MOTION PASSES. CONGRATULATIONS. THANK YOU. THANK YOU. OKAY, [13. DRB25-1114, 900 South Shore Drive – Lot 9.] SO NOW WE WILL HEAR THE NEXT ITEM IN CONJUNCTION WITH WITHOUT, WHICH IS UNDER NEW APPLICATIONS D RRB 25, 11 14, 900 SOUTH SHORE DRIVE LOT NINE. AND AGAIN, THIS ITEM IS BEFORE US BECAUSE THERE WAS A LOT SPLIT, NOT BECAUSE THEY'RE REQUESTING ANY VARIANCE OR WAIVER OR ANYTHING FROM THIS BOARD. AGAIN, I JUST HAVE TO ASK FOR THE RECORD, ANY DISCLOSURES OR EX PARTY COMMUNICATIONS? NO. NO. OKAY. THANK YOU. OKAY. THIS APPLICATION HAVE BEEN FILED REQUESTING DESIGN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW TWO STORY RESIDENCE SITE WAS SUBJECT TO A PLANNING BOARD, NOT SPLIT TO REPLACE AN EXISTING RESIDENCE. OKAY. SO AGAIN, SIMILAR, SIMILAR, UM, AS WE JUST DESCRIBED IN THE LAST HOME, THIS WAS PART OF A LOT SPLIT. UM, THIS IS A NEW APPLICATION. THE APPLICATION WAS SUBMITTED, UM, AT THE SAME TIME AS THE PRIOR APPLICATION. HOWEVER, THERE WAS A ZONING ISSUE THAT WE HAD TO ADDRESS. AND SO THE ITEM GOT PUSHED BACK AN ADDITIONAL MONTH. THAT'S WHY IT'S LISTED UNDER NEW APPLICATIONS TODAY. UM, THE, THIS RESIDENT WE WORKED WITH, WITH THE, WITH THE APPLICANT TO ENSURE THAT THE HOMES WERE DESIGNED DIFFERENTLY. THAT'S AS, AS YOU STATED, THAT IS THE GOAL OF THE, OF, OF THE REQUIREMENT FOR LOT SPLITS TO COME BEFORE THE DESIGN REVIEW BOARD IS TO ENSURE THAT THEY ARE DIFFERENT. UM, SO WE WORKED WITH THE APPLICANT TO MAKE SURE THAT THE HOMES WERE, WERE DISTINGUISHABLE. UM, AND SO THIS, UH, RESIDENCE IS ALSO DESIGNED IN A CONSENT TEMPORARY STYLE HIGHLIGHTED BY PROJECTING STUCCO SLABS ALSO HAS CONTRASTING GLASS AND SOLID WALLS. UM, AT THE FRONT OF THE PROPERTY, THERE IS AN ATTACHED ONE STORY GARAGE STRUCTURE THAT GOES INTO THE FRONT YARD. UM, THE SECOND STORE, THE SECOND FLOOR FRONT ELEVATION, ACCOMMODATES SMOOTH STUCCO AND GLASS WALLS. AND THE REAR ELEVATION MAXIMIZES ON THE, ON THE WATER VIEWS. THAT IS ON A OF THE, THE HOME IS ON A, UM, OFF OF A, A CANAL. SO OVERALL, THE DESIGN INCORPORATES MOVEMENT AND, UH, LENDS TO THE ARCHITECTURAL INTEREST OF THE HOME. UM, THERE IS ONE CONDITION IN THE ORDER, AND IT WAS ACTUALLY IN THE LAST ONE TOO. UM, THE APPLICANT WAS PROPOSING A CHAIN LINK FENCE BETWEEN THE TWO PROPERTIES. THE CODE PROHIBITS CHAIN LINK FENCES, SO WE'RE RECOMMENDING THAT THAT BE REPLACED, UM, WITH EITHER PICKETS OR SOMETHING, SOME OTHER TYPE OF OFFENSE THAT IS, THAT IS ALLOWABLE PER THE CODE. UM, SO THAT'S THE ONLY CONDITION THAT WE DO HAVE IN THE, IN THE ORDER FOR A MODIFICATION. UM, AND THAT'S THE FENCE BETWEEN THE TWO PROPERTIES, NOT ANY FENCE VISIBLE FROM THE EXTERIOR. UM, SO WITH THAT, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED ORDER. OKAY. ANY COMMENTS FROM THE PUBLIC? VIRTUALLY? WE HAVE NOTHING WE HAVE. OKAY. NO HANDS RAISED. OKAY. UM, BOARD MEMBERS, WOULD ANYONE LIKE TO BEGIN? ANYBODY HAVE ANY QUESTIONS OR COMMENTS? I, I THINK WE DIDN'T GET OUR CHANCE TO DO THE PRESENTATION. , THAT WOULD BE GOOD, RIGHT? SORRY. I MEAN, IF YOU GUYS WANNA MOVE IT QUICKLY, WE'RE FINE, BUT THANK YOU. NO, NO PROBLEM. GOOD MORNING AGAIN, NICHOLAS RODRIGUEZ, 200 SOUTH PI GAME BOULEVARD. SO, UH, AGAIN, READOPTING OUR COMMENTS ON THE LAST ONE. WE DID OUTREACH AS PART OF THE LAST SPLIT AND, UH, WE TOOK A WHILE TO KIND OF CAREFULLY THINK OUT THESE DESIGNS. AND, UH, STEPHANIE WILL QUICKLY GO THROUGH THE DESIGN AND UH, TURN IT OVER TO STEPHANIE. YEAH. YEAH. ALRIGHT, SO IN THIS CASE, AND I'LL, I'M GONNA JUMP TO THE RENDERINGS RIGHT AWAY SO YOU CAN SEE IT IN THIS HOUSE IN MORE DETAIL. UM, ALRIGHT, SO HERE, UM, WE ARE USING, AND HERE YOU CAN SEE IT BETTER THE TRAVERTINE THAT IT'S A DARKER TONE THAT THE CORAL TONE THAT WE'RE USING ON THE OTHER HOUSE. UM, IN THIS CASE, YOU KNOW, WE, THAT THOSE TWO SLABS, THE SLAB, YOU KNOW, THE ROOFS LAP AND THE SECOND FLOOR SLAP, IT'S WHAT REALLY GIVES A LOT OF CHARACTER TO THIS HOUSE IN PARTICULAR, IT EXTENDS, IT PROJECTS, IT MAKES THE HOUSE FEEL LIKE IT'S FLOATING. BASICALLY. THAT WAS THE IDEA OF IT. SO HAVING A STRONGER, UH, BASE AND THEN THE TWO SLABS FLOATING, YOU CAN SEE THAT THEY, UM, HARDLY TOUCH THE GROUND ELEMENTS, THE, THE, UM, WALLS OR ANYTHING IN PARTICULAR. SO AGAIN, THESE ARE VERY CLEAN LINES, UM, HIGHLIGHTING THE LANDSCAPE THAT'S AROUND HIGHLIGHTING THE VIEWS. UM, [00:40:01] AND THAT'S WHAT WE TRY TO ACHIEVE IN, IN THIS PARTICULAR, UM, DESIGN. AND THE ROOF BAND HERE IS LIGHTER COLOR THAN THE OTHER ONE, WHICH IS YEAH, THE, EXACTLY, THE EDGES IN THIS ONE ARE WHITE AND THE OTHER ONES ARE, UM, VERY, VERY DARK. THEY'RE BRONZE. OKAY. THANK YOU. THANK YOU. NO COMMENTS FROM PUBLIC STILL SO FAR? SO FAR NO COMMENTS FROM THE PUBLIC. OKAY, THAT'S GOOD. BOARD MEMBERS. YEAH. ONE QUESTION FOR THE, UH, SECOND FLOOR, THE COMPOSITE WOOD THAT YOU USED ON THE, UH, REAR PORTION OF THE ELEVATION, IS THERE A REASON WHY IT DIDN'T GO MORE AROUND THE FACADE OR JUST KEPT IN, IN, IN THIS ONE? YES. WE'RE NOT USING COMPOSITE WOOD. NO, NO COMPOSITE WOOD AT ALL. NO, NO, WE'RE NOT USING COMPOSITE. THE THE DARK ELEMENTS THAT YOU SEE IS PAINT IN THIS ONE. OKAY? MM-HMM . SO AGAIN, BECAUSE THE CONCEPT WAS THAT THOSE TWO SLABS, THE WHITE SLABS ARE LIKE COMPLETELY INDEPENDENT FROM THE REST OF THE STRUCTURE. SO WE HAVE THE GLASS AND SOME DARK, UM, WALLS TO BASICALLY BASICALLY TRY TO MAKE THE FEEL THAT THEY'RE FLOATING. OKAY. SO WE CAN DO, AND ALSO TO DIFFERENTIATE THE TWO HOUSES, WHICH THE OTHER ONE DOES HAVE THE WOOD. SO THE ROOF LOOKS LIKE THEY, THE TWO ROOF LINES LOOK AT THEY'RE FLOATING BASICALLY. EXACTLY. THAT, THAT'S THE IDEA. CAN YOU BRING UP THAT PICTURE THAT HE IS REFERRING TO? PAGE 23. OKAY, SO THAT'S THE BROWN, IT'S NOT CLADDING, IT'S PAINT. THAT'S NOT CLADDING, THAT'S PAINT. CORRECT? YEAH. RIGHT. OKAY. OTHER COMMENTS, QUESTIONS? NONE. UM, I HAVE, UM, COMMENT THAT I'M MAKING AND A QUESTION ASKING OF EVERY APPLICANT TODAY DUE TO, UM, UM, SITUATION I INCURRED PERSONALLY IN MY FAMILY THIS WEEK. SO, UH, HAVE YOU TRIED OR ATTEMPTED TO RECEIVE APPROVAL FROM ANY OF YOUR NEIGHBORS OR NEIGHBORS TO THESE PROPERTIES? AND HAS THERE BEEN ANY KIND OF REMO REMUNERATION RECEIVED OR PROVIDED? NO. NO. OKAY. THANK YOU. SO AS PART OF THE LAW SPLIT, WE DID SEND THE CONCEPT PLAN AND LET EVERYBODY KNOW THAT WE WERE DOING THE LOT SPLIT. UH, I DON'T BELIEVE WE SENT THEM AN UPDATED SET OF PLANS, BUT THEY ARE AWARE AND THEY HAVE THE OWNERS' CONTACT INFORMATION AND AT THAT TIME THERE WAS NO OPPOSITION OR CORRECT THERE WAS AN OPTION. THANK YOU VERY MUCH. OKAY. WHO WOULD LIKE TO MAKE A MOTION? I'LL MAKE A MOTION TO APPROVE WITH THE SIMILAR CONDITIONS TO THE OTHER LOT TO JUST ENSURE THAT THE, UH, STONE MATERIALS ON THE STRUCTURE AND THE, UM, PAVERS ARE DIFFERENT. MM-HMM . CONTRASTING. CONTRASTING. YEAH. YEAH. OKAY. AYE. I ALL IN FAVOR? AYE. AYE. AYE. AYE. THANK YOU VERY MUCH. THANK YOU. THANK YOU. THANK YOU ALL VERY MUCH. THANK YOU. OKAY, SO THE NEXT PROJECT WE HAVE IS DRB 24 10 70, UM, AND DRB 22 0 8 8 6 69 40 ABBOTT AVENUE. THIS APPLICATION HAS BEEN FILED REQUESTING A MODIFICATION TO THE PREVIOUS DESIGN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW 10 STORY MIXED USE BUILDING, INCLUDING WAIVERS. SPECIFICALLY THE APPLICANT IS REQUESTING A VARIANCE OF THE FRONT YARD SETBACK AND ONE MORE WAIVERS. UM, I DON'T SEE THE APPLICANT IN THE AUDIENCE. DO YOU WANNA MOVE TO THE NEXT ONE IF THEY'RE NOT HERE, SHOULD WE? UH, YES, MAYBE WE SHOULD TABLE IT UNTIL, OKAY. ALRIGHT, WE WILL DO THAT. IS THE [10. DRB25-1085, FKA DRB16-0048, FKA DRB 23233, 1824 Alton Road.] APPLICANT HERE FOR 18? I'M SORRY FOR, YES. FOR 1824 ALTON ROAD? YES. OKAY. SO WE'LL HEAR THIS ITEM. IT'S DRB 25 DASH 10 85 AND DRB 16 DASH 0 0 4 8 AND DRB 23 2 3 3. ADDRESS, 1824 ALTON ROAD. YES, THIS APPLICATION HAS BEEN FILED REQUESTING A MODIFICATION TO PREVIEW THIS INTERVIEW APPROVAL FOR INSTALLATION OF A NEW SIGNAGE DESIGN. SPECIFICALLY THE APPLICANT WOULD LIKE TO MODIFY THE BUILDING I IDENTIFICATION SIGNAGE REQUIREMENTS TO ALLOW FOR SIGNAGE FOR A NEW TENANT. OKAY, SO THIS IS THE PROJECT ON ALTON ROAD, FORMERLY A MICHAEL'S, UM, STORE. YEAH. THE, THE ORDER THAT WAS APPROVED AT THE TIME, UM, THAT THAT BUILDING WAS APPROVED, UH, SPEC HAD CONDITIONS SPECIFIC TO THE SIGNAGE FOR MICHAEL'S. UM, THE, THE ORDER SPECIFICALLY, UH, CALLED FOR THE SIGN TO HAVE THE QUOTE MICHAEL'S FONT, UM, WITH RED BRUSHED, UH, ALUMINUM REVERSE CHANNEL LETTERS. UM, AND SO THE CONDITIONS IN THAT ORDER WERE VERY SPECIFIC TO THE SIGNAGE THAT MICHAEL'S WOULD BE PUTTING ON THE BUILDING. [00:45:01] UM, THE TENANT HAS SINCE CHANGED. IT'S CURRENTLY A ROSS. THE ROSS IS ALREADY LOCATED AT THE SITE. THEY HAVE SIGNAGE AT THE STREET LEVEL, UM, WHICH THE ORDER DIDN'T REGULATE THE, THE SIGNAGE ON THE STREET LEVEL TO THAT EXTENT. IT DID HAVE A SIGN PACKAGE THAT HAD TO BE FOLLOWED, UH, BUT IT DIDN'T CALL FOR THE TENANT AND THE COLORS THE WAY IT DOES FOR THE BUILDING IDENTIFICATION SIGN. UM, SO THIS IS SIMPLY A MODIFICATION TO THE ORDER, UH, TO ALLOW ROSS TO REPLACE THE, THE MICHAEL SIGNAGE AND, AND PUT IT PUT ROSS SIGNAGE. UM, THE ORDER DID HAVE CONDITIONS, UM, REGARDING THERE BEING NO RACEWAYS, NO EXTERIOR DISCONNECT, SWITCHES BEING VISIBLE, NO IN, UM, NO INTERMITTENT MOVING OR REVOLVING LIGHTING. UM, REQUIRES ALL ELECTRICAL AND POWER TO BE ROUTED THROUGH THE REAR OF THE PARAPET AND NOT VISIBLE FROM THE RIGHT OF WAY. UM, IT REQUIRES, UM, THAT THE, UH, SIGNAGE BE, UH, SHALL THE, THE SIGNAGE SHALL CONSIST OF BRUSH OR ANALYZE ALUMINUM REVERSE CHANNEL LETTERS AND BACKLIT LETTERS. SO THE STANDARDS THAT WERE PUT IN PLACE FOR MICHAEL'S FOR TO HAVE A HIGHER END HIGH QUALITY SIGN ARE STILL IN THE, IN THE ORDER. UM, HOWEVER, THE ORDER DOES ALLOW FOR TENANTS TO CHANGE IN THE FUTURE WITHOUT, UM, HAVING TO COME BACK TO THE BOARD. SHOULD, SHOULD THE TENANT CHANGE, THEY'LL BE ABLE TO REPLACE THE SIGNS. IT'LL STILL HAVE THE SAME STANDARDS THAT WE WOULD HAVE REQUIRED BEFORE. UM, HOWEVER, THEY CAN CHANGE THE COLORS AND THE, AND THE TENANT NAME ON THE BUILDING. SO THIS WILL BE ONGOING FOR A FUTURE TENANT. RIGHT? SHOULD ROSS CHANGE FROM ROSS TO YEAH. A, B, C. OKAY. THEY'RE NEVER GONNA LEAVE. UM, UM, AND SO WITH THAT, STAFF DOES RECOMMEND THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED ORDER. AND BEFORE WE BEGIN, JUST ANY DISCLOSURES FROM THE BOARD? NONE. OKAY. FROM ME. OKAY. THANK YOU. GOOD MORNING EVERYBODY. UH, MY NAME IS TINA AKII. I LIVE AT 5 3 7 4 GREG'S LANDING, UH, NORTH CHARLESTON, SOUTH CAROLINA. UM, YEAH, ROGELIO SAID IT BETTER THAN I COULD EVER SAY IT. UM, ROSS REALLY JUST WANTS TO HAVE THE SAME SIGNAGE, BUT WITH THEIR BRANDING, UM, ON THE BUILDING, THEY'RE REALLY NOT LOOKING FOR ANYTHING MORE THAT MICHAEL'S WASN'T ALLOWED TO HAVE. UM, AND THEY WILL FOLLOW THE SAME STANDARDS. UM, WE HAD EVEN DISCUSSED DURING THE WHOLE APPLICATION PROCESS, YOU KNOW, ROSS, THEIR TAGLINE IS DRESS FOR LESS. WE'RE REMOVING THAT BECAUSE THAT'S NOT WHAT THE CITY OF MIAMI BEACH IS ABOUT. . SO IT WOULD JUST BE A RAW SIGN AND THAT WE WOULD REMOVE THEIR ACTUAL, UH, TAGLINE OF RAW STRESS FOR LESS TO, UH, IN ORDER TO KIND OF STAY WITH, UH, THE THEME OF MIAMI BEACH. DO YOU HAVE ANY PICTURES OF WHAT YOU ARE PROPOSING? I DON'T PERSONALLY. I KNOW THEY WERE IN THE, IN THE PRESENTATION. OKAY. THEY'RE NOT ON THE OR IN THE APPLICATION. SORRY. THANK YOU. WE SEE IT ON YOUR APPLICATION. YEAH. THANK YOU. THANK YOU. THANK YOU. UM, ANY COMMENTS FROM THE PUBLIC? I SEE NO HANDS RAISED ON THE APPLICATION. OKAY. COMMENTS OR QUESTIONS FROM BOARD MEMBERS WHO WOULD LIKE TO BEGIN? I JUST HAVE A QUESTION ON THE, ON, IT'S PROBABLY FORLIO, HONESTLY, BUT IT'S ON THE, ON , IT'S ON THE ONGOING OR ANY FUTURE TENANTS. UH, IS, IS THE SIZE OF THE SIGN GONNA STAY THE SAME? IS THAT PART OF THE REQUIREMENTS OR THE, THE CODE, THE SIGN CODE ITSELF HAS RESTRICTIONS ON THE AREA THAT CAN BE USED, UM, FOR SIGNAGE. SO THEY WOULD HAVE TO FOLLOW THAT. UM, LET ME PULL UP THE CODE. UM, HOWEVER, THE ORDER I DO NOT BELIEVE HAS ANY DIMENSION LIMITATIONS. IT WOULD JUST BE AS REQUIRED BY THE LAND DEVELOPMENT REGULATIONS. OKAY. I'M TRYING TO DO LIKE A SIDE BY SIDE TO TARGET. I ALMOST WANNA ONE SECOND. ANY BLANKET SIGN, YOU KNOW, AND ROGELIO WELL, OR, UH, TO YOU? UH, WILL THERE STILL BE ANOTHER SIGNAGE FOR ROSS AT STREET LEVEL? YES. OKAY. SO YES. THAT, THAT WAS ALREADY APPROVED AND THAT'S, THAT'S ALREADY THERE. I MEAN IT'S OBVIOUSLY A MUCH SMALLER SIGN. RIGHT. UM, BUT THEY JUST WANT THE, YOU KNOW, THE, LIKE I SAID, THEY REALLY JUST WANT TO FOLLOW THE SAME THING THAT MICHAEL'S HAD ON THAT BUILDING. UM, AND HAVE THE SIGN ALONG ALTON ROAD AND I BELIEVE ON 18TH. SO ROGELIO QUESTION TO YOU, CONCERNING THE CODE ON SIGNAGE, MY UNDERSTANDING IS THAT YOU CAN ONLY HAVE ONE SIGNAGE PER TENANT. THAT WAS THE, UM, A CODE VIOLATION ISSUED BACK WHEN TO MACALUSO. 'CAUSE THEY HAD ONE AT STREET LEVEL, YOU KNOW, IN THE MM-HMM . POST THAT WAS BY ALTON AND, UH, DAY BOULEVARD MORE OR LESS. AND THEN THEY HAD ANOTHER ONE AT THE STOREFRONT. UM, DOES THAT CODE APPLY TO THIS OR IS IT DIFFERENT BECAUSE IT HAS THE SIGNAGE NOT, UM, AT STREET [00:50:01] LEVEL OR AT, UH, IN A POST IT'S, IT'S TREATED DIFFERENTLY. THIS IS, THIS IS A BUILDING IDENTIFICATION SIGN. SO BUILDINGS ABOVE A CERTAIN HEIGHT ARE ALLOWED TO HAVE A BUILDING IDENTIFICATION SIGN. UM, SO THAT'S WHAT THIS WOULD BE. TYPICALLY, THE BUILDING IDENTIFICATION SIGN IS RELATED TO THE LARGEST TENANT IN THE BUILDING. THERE ARE OTHER TENANTS IN THE BUILDING. UM, BUT THE LARGEST TENANT IS TYPICALLY ALLOWED TO HAVE THE, THE BUILDING IDENTIFICATION SIGN. AND THE CODE, UH, REQUIRES THAT THAT BUILDING IDENTIFICATION SIGN NOT EXCEED 1% OF THE FACADE AREA ON WHICH IT IS PLACED. UM, SO WE'D HAVE TO TAKE THE DIMENSIONS OF THAT FACADE TO COME UP WITH THE, THE MAXIMUM LIMITS FOR, FOR THE BUILDING IDENTIFICATION SIGN, WHICH HAS TO BE LOCATED, UM, ON THE UPPER PART OF THE BUILDING ON THE PARA PIT. SO I THINK I DID, I'M NOT GONNA ACTUALLY PROVIDE THAT. YEAH, WE DID THOSE CALCULATIONS. YEAH. AND THE MACALUSO SIGN, JUST FOR CLARIFICATION, WAS IN A BUILDING THAT WAS A ONE STORY. RIGHT. UM, VERSUS THIS IS TWO STORIES AND THAT'S WHY THE TWO SIGN. SO, AND THEN THE, THE APPROVAL THAT'S GIVEN TODAY, UM, BASICALLY, UM, WILL ALLOW A FUTURE TENANT, HOPEFULLY NOT, BUT A FUTURE TENANT, UH, TO COME IN AND PLACE A SIGNAGE THAT STAYS WITHIN THE SIZE MM-HMM . UH, THAT IS ALLOWED. BUT IT COULD BE DIFFERENT COLOR, IT COULD BE DIFFERENT SCRIPT. FONT, CORRECT. WHAT HAVE YOU. OKAY. ALL RIGHT. BUT IT WOULD STILL HAVE TO BE A, A, A BRUSHED ALUMINUM OR HIGH-END, UH, CHANNEL LETTER SIGN. IT COULDN'T JUST BE A, A A, A PLASTIC SIGN PLACED ON THE WALL. MICHAEL'S WAS A, A LIT SIGN. IT LOOKED LIKE GLASS, UH MM-HMM . BUT I, AND THIS WILL BE SIMILAR. IT WILL LIGHT UP AT NIGHT. OKAY. YEAH. YEAH. I SAW THE ORIGINAL, UH, THEY HAD PROVIDED ME WITH THE ORIGINAL, UH, APPROVAL PACKAGE AND THAT, THAT PACKAGE WAS JUST BEAUTIFUL. THAT BUILDING LOOKED, IT LOOKS BEAUTIFUL. . YEAH, I ACTUALLY JUST DROVE PAST IT ON MY WAY HERE. OKAY. THANK YOU. THE ONLY DIFFERENCE I CAN SEE IS THAT THE, THE CORNER SIGN FOR MICHAEL'S IS, IS LOW AND THEN YOU'RE PROPOSING IT PROBABLY MID BUILDING. SO WHEN I COMPARE THE, THE PREVIOUS AND PROPOSED THE, THE SIGNAGE FOR MICHAEL'S WAS IS LOW VERSUS THE, THE ROSS IS, LET'S SAY THREE, THREE GLASS BAYS UP ON THE CORNER. OTHERWISE EVERYTHING LOOKS THE SAME. THAT I'M ONLY MAKING THAT NOTE TO THE BOARD. SO THEY KNOW THE DIFFERENCE BETWEEN WHAT IS THERE. I THINK THE MICHAEL CORRECT. FACED ALTON AND THIS ONE IS FACING SOUTH. THE ONE THAT YOU'RE PROPOSING IS MORE FACING SOUTH. AM I CORRECT? YEAH. I'M JUST TALKING ABOUT THIS CORNER ONE. I THINK SO. I I THINK IT'S, YEAH. HERE IT'S DOWN ABOVE THE CANOPY. IT'S, IT'S MID BUILDING. THEY, THEY DO HAVE A, MAYBE YOU'RE REFERRING TO THE SIGN THEY HAVE AN ATRIUM. OH, THAT'S, OH, THAT'S OKAY. THERE'S A SIGN THAT SAYS ROSS INSIDE THE BUILDING AND AN ATRIUM. SO IT'S NOT AN EXTERIOR SIGN. OKAY. UM, WE MENTIONED IT 'CAUSE IT IS SORT OF PART OF THE DESIGN, BUT IT'S, IT'S REALLY NOT, UH, PART OF IT. WE DON'T CONSIDER THAT A SIGN IN THE INTERIOR OF THE BUILDING. WELL, AND IT'S WELL RECESSED MM-HMM . BUT IT WILL LIKELY BE VISIBLE FROM THE STREET. OKAY. UM, THERE WERE NO PROHIBITIONS ON THAT IN THE, IN THE PRIOR ORDER. UM, IT'S BASICALLY AN INTERIOR INTERIM WHERE YOU WALK IN. YEP. IT'S AN OPEN GLASS COLUMN. MM-HMM . UM, AND SO THE ROSS, THEY WILL BE PUTTING A SIGN INSIDE OF THAT RECESSED IN THE REAR OF THAT, UM, INTERIOR GLASS COLUMN. MAYBE THAT'S WHAT YOU'RE REFERRING TO. YEAH, BUT THE, THAT'S EXACTLY, I READ IT WRONG. THE BUILDING ID SIGN SHOULD BE IN THE SAME EXACT SPOT. YEAH. AS THEY MIGHT THERE, THERE IS NO RAW SIGN ON THE, ON THE, THE CORNER ATRIUM OUTSIDE ANYMORE. NO. OKAY. YEAH. AND IT COULD BE DIFFERENT, DIFFERENTLY POSITIONED ALSO BECAUSE THEY PROBABLY DID INTERIOR WORK AND REDESIGNED THAT ATRIUM PROBABLY. SO WHERE THEY HAD TO PLACE IT MIGHT BE DIFFERENT THAN WHERE THAT MICHAEL SIGN WAS. SO JUST TO BE CLEAR, THE SIGNAGE ON THE EXTERIOR IS GOING TO BE FACING ALTON OR FACING SOUTH? I THINK THERE'S ONE ON EACH. THE, THE ID SIGN THERE'S ONE ON EACH. YEAH, YOU CAN HAVE ONE'S ONE ON EACH SIDE, PLUS THERE'S ONE AT GR AT STREET LEVEL. YES. OKAY. YEAH. IS THE INTERIOR IT SIGN THE SAME AS THE EXTERIOR IN TERMS OF, IN TERMS OF PLA PLASTIC, PAAL LIGHT OPTICS, L-D-L-E-D LIGHT. I BELIEVE IT'S JUST A PAINTED, THE WALL IS PAINTED. ITS, IT'S ACTUALLY A PAINTED SIGN. IT'S A PAINTED SIGN. NOT BACK. IT'S NOT, YEAH, IT'S NOT CHANNEL THAT ISN'T THERE? NO. OKAY. IT'S JUST, IT'S PROBABLY VINYL OR, YOU KNOW, IT'S A, IT'S A, THE WALL, IT'S A WALL THAT HAS ANGLES TO IT. AND THEY'RE, THEY'RE JUST PAINTING THE, BASICALLY PAINTING THE WALL INSIDE'S NOT BACK LETTER ANYTHING. NO. SORRY. OKAY. MM-HMM. QUICK QUESTION. HOW LONG IS YOUR LEASE COMMITMENT? THAT I DON'T KNOW. THAT'S A GOOD QUESTION. . UM, 'CAUSE IF WE'RE GOING THROUGH THIS, AND MICHAEL'S DIDN'T LAST VERY LONG AND ROSS IS NOT GONNA LAST IT VERY LONG, THEN ROSS. ROSS IS USUALLY IN FOR A LONG TIME. I KNOW. BUT IT'S, AND THAT'S WHY THEY GO TO THIS LENGTH TO, UM, DO [00:55:01] THE SIGNAGE THAT THEY WANT. I MEAN, IF IT GIVES YOU AN INDICATION, I'VE BEEN TRAVELING EVERY OTHER WEEK, PROBABLY THE LAST TWO MONTHS FOR, FOR THIS CLIENT. AND, UM, THEY, THEY DON'T GO TO THIS MUCH TROUBLE IF THEY'RE NOT GONNA STICK AROUND. YOU KNOW, I'M SURE IT'S A, I'M SURE IT'S A PRETTY LONG LEASE BECAUSE THEY, THEY TOOK OFF, THEY ALSO TOOK THE MAIN TENANT SPACE THERE. SO I DON'T THINK THAT THE PROPERTY OWNERS WOULD'VE GIVEN THEM A SHORT LEASE ON, ON THAT TYPE OF A TENANT SPACE. THANK YOU. THANK YOU. ANY OTHER COMMENTS OR QUESTIONS FROM THE BOARD? NONE. WOULD ANYBODY LIKE TO MAKE A MO? UM, I DO HAVE ONE. I'M SORRY. UM, AND I'M ASKING THIS OF EVERYONE NOT IN, UM, SPECIFIC TO THIS PROJECT, BUT DID YOU RECEIVE NEIGHBOR APPROVAL OR REQUEST NEIGHBOR APPROVAL FOR THIS SIGNAGE? UM, THERE, I MEAN, WE SENT OUT PUBLIC NOTICES. I KNOW THAT. OKAY. SO DID ANYBODY APPROACH YOU DENYING NO. SPEAKING AGAINST HIS APPROVAL AND YOU DID NOT MAKE, NOR DID YOU RECEIVE ANY REMUNERATION? I DID NOT FOR THIS APPROVAL, YEAH. NO. OKAY. THANK YOU. UM, WHO WOULD LIKE TO MAKE A MOTION? MOTION TO APPROVE? I SECOND. ALL IN FAVOR? AYE. AYE. AYE. THANK YOU. THANK YOU VERY MUCH FOR YOUR TIME. GOOD LUCK TO ROSS. THANK YOU. OKAY, NEXT ITEM. UM, SHOULD WE GO BACK AND SEE IF, UM, 69 40 ABBOTT AVENUE IS THE REPRESENTATIVE HERE TODAY? NO. OKAY. THEY DON'T SEE THEM AND THEY, AND THEY REACHED OUT THAT THEY WOULD BE HERE. OKAY. WELL WE'LL GO ON TO ITEM NUMBER 11. [11. DRB25-1116, FKA DRB17-0147, 1664 Lenox Avenue.] DRB 25 11 16 F-A-K-F-K-A-D-R-B 17 DASH OH 1 47. PROPERTY ADDRESS IS 1664 LENNOX AVENUE. THIS APPLICATION HAS BEEN FILED REQUESTING MODIFICATIONS TO PREVIOUSLY APPROVED DESIGN REVIEW APPROVAL FOR A VARIANCE TO EXCEED THE ALLOWABLE HOURS OF OPERATION FOR AN ACCESSORY OUT OUTDOOR BAR COUNTER ASSOCIATED WITH A NEW RESTAURANT LOCATED WITHIN THE INTERIOR COURTYARD OF THE PROPERTY. SPECIFICALLY THE APPLICANT IS REQUESTING THIS, I REVIEW APPROVAL FOR THE CHANGE OF OWNERSHIP OR OPERATOR AND APPROVE SOME CONDITIONS THAT COULD BE TO PROCEEDED BY THE PLANNING BOARD UNDER CONDITIONAL USE PERMIT APPROVAL. OKAY. SO THIS IS, UM, THE BUILDING BEHIND 1111 LINCOLN ROAD. UM, PREVIOUSLY THERE WAS A RESTAURANT THERE AT CH MATE, UH, WHICH WAS A, A HIGH-END MEXICAN RESTAURANT IN CASE ANYBODY WENT THERE. UM, WHEN THIS WAS APPROVED BY THE BOARD, UM, THE SITE WAS, THE SITE WAS APPROVED, UH, BY THE BOARD. THE BUILDING WAS APPROVED BY THE BOARD. UM, HOWEVER, THE BOARD IMPLEMENTED SOME OPERATIONAL CONDITIONS, WHICH ARE SOMETHING THAT'S MORE, WHICH IS SOMETHING THAT'S MORE TYPICAL OF THE PLANNING BOARD. UM, AND THE REASON THAT HAPPENED IS BECAUSE THIS ESTABLISHMENT DID NOT RISE TO THE LEVEL OF A NEIGHBORHOOD IMPACT ESTABLISHMENT. UM, WHICH IS WHAT THE PLANNING BOARD REVIEWS. UM, SO THE BOARD ORDER AT THE TIME INCLUDED SEVERAL CONDITIONS REGARDING THE OPERATION OF THE SITE. ONE OF THOSE CONDITIONS IS THAT IF THE OWNERSHIP CHANGED MORE THAN 50%, THE APPLICANT WOULD HAVE TO COME BACK TO THE BOARD, UM, FOR APPROVAL OF THE, OF THE CHANGE OF THE NAME AND THE, AND ESSENTIALLY A PROGRESS REPORT. UM, THIS IS SOMETHING THAT'S TYPICAL OF PLANNING BOARD ORDERS AND OVER TIME THE PLANNING BOARD HAS BEEN MODIFYING THAT CONDITION TO ALLOW TENANTS TO CHANGE. HOWEVER, WHAT IT WOULD REQUIRE IS THAT THERE BE A, UM, AN AFFIDAVIT SUBMITTED TO THE PLANNING DEPARTMENT, ACKNOWLEDGING ALL OF THE OPERATIONAL CONDITIONS THAT ARE IN THEIR ORDER. UM, AND THEN ALSO IT REQUIRES, UM, THAT, UM, UM, DID, DID WE REQUIRE, DID WE INCLUDE THE CONDITION ON THE, ON THE, ON THE, UM, PROGRESS REPORT AS WELL TO BE SCHEDULED? NO, NO, NO. IT WAS THE, THE, OKAY. SO IT REQUIRES THAT THE APPLICANT, UH, SUBMIT AN AFFIDAVIT TO THE BOARD, UM, IN ORDER TO, TO, TO THE PLANNING DEPARTMENT IN ORDER TO, UM, UM, ENSURE THAT THEY ARE AWARE OF THESE CONDITIONS AND THAT THEY WILL OPERATE BY THOSE CONDITIONS. 'CAUSE THAT WAS ONE OF THE ISSUES THAT SOMETIMES THE TENANT WOULD CHANGE AND THEY DIDN'T KNOW THAT THERE WERE OPERATIONAL CONDITIONS ON THE SITE. UM, SO THAT'S, THAT'S WHAT THIS ORDER WOULD, WOULD REQUIRE. SO IN THE FUTURE, IT WOULD ALLOW THE TENANTS TO CHANGE, BUT THEY WOULD HAVE TO SUBMIT AN AFFIDAVIT ACKNOWLEDGING THEIR ACCEPTANCE OF THESE CONDITIONS. UM, THE OTHER, THE OTHER CONDITIONS IN THE, IN THE ORDER FOR OPERATIONS, UM, THAT THEY'RE REQUESTING SOME CHANGES TO, ARE THAT THE APPLICANT IS SEEKING TO REPLACE THE PATRON OCCUPANT LOAD METRIC WITH A MAXIMUM SEAT COUNT TO LIMIT THE SIZE OF RESTAURANT OPERATIONS. SO THEY'RE REQUESTING THAT THERE BE A MAXIMUM OF 218 SEATS, UM, WHICH THAT IS CONSISTENT WITH THE, UH, PRIOR, UH, BTR THAT WAS APPROVED ON THE SITE. UM, THE REASON FOR THAT IS THE CONDITION PRIOR HAD A, AN OCCUPANCY LOAD LIMIT. OCCUPANCY LOADS ARE SET BY THE FIRE DEPARTMENT. THEY CAN VARY DEPENDING ON [01:00:01] WHERE YOU LOCATE FURNITURE, WHERE, WHERE SEVERAL THINGS ARE LOCATED, IT'S HARDER TO REGULATE. SO THEY, THEY REQUESTED THAT THE, UM, ORDER BE SPECIFIC TO SEATS RATHER THAN OCCUPANCY. ESSENTIALLY, THAT'S GONNA LIMIT THE AMOUNT OF CUSTOMERS THEY HAVE ON THE SITE. UM, THEY REQUESTED THAT THAT LIMIT BE ALLOWED TO ONLY TO BE EXCEEDED ONLY IF APPROVED BY THE PLANNING BOARD. SO IF THEY GO TO THE PLANNING BOARD TO SEEK A NEIGHBORHOOD, UH, CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT, THAT NUMBER WOULD BE ALLOWED TO GO UP. THAT'S A, THAT'S A CHANGE THAT THEY'RE REQUESTING TO ALLOW THE PLANNING BOARD TO AUTHORIZE INCREASES BEYOND WHAT THIS BOARD HAS SET. UM, THAT'S TYPICALLY WHAT HAPPENS WITH, UH, NEIGHBORHOOD IMPACT ESTABLISHMENTS. THEY GET APPROVAL FROM THE PLANNING BOARD. THEY HAVE TO DO TRAFFIC STUDY, SOUND STUDY, UH, A WHOLE SLEW OF OTHER THINGS, UM, WHICH IS THE FOCUS OF, OF WHAT THE PLANNING BOARD IS LOOKING AT. UM, THE NEXT, UH, MODIFICATION THAT THEY'RE REQUESTING ARE TO CONDITION SIX AND EIGHT, UM, WHICH WOULD ALLOW FOR MODIFICATIONS TO THE SOUND SYSTEM ONLY IF APPROVED BY THE PLANNING BOARD AS WELL. SO THE PLANNING BOARD IS TYPICALLY TAKING THE SOUND INTO ACCOUNT. SO IN THIS ORDER THAT, THAT WAS APPROVED BY THE PLANNING BOARD. UM, THEY ARE, IT DOES HAVE A RECOMMENDATION. IT DOES HAVE A REQUIREMENT THAT THE SOUND SYSTEM AND SOUND ATTENUATION MEASURES SHALL BE IMPLEMENTED AS PER THE RECOMMENDATIONS OF THE SOUND STUDY. SO AT THE TIME THAT THIS WAS ORIGINALLY APPROVED, THERE WAS A SOUND STUDY THAT THE BOARD AGREED WITH AND, AND, AND, UM, APPROVED. AND SO THOSE ARE THE LIMITATIONS ON THE SITE. THEY'RE REQUESTING THAT SHOULD THE PLANNING BOARD APPROVE SOMETHING DIFFERENT THAT THEY'LL BE ALLOWED TO PROCEED WITH, WITH WHATEVER THE PLANNING BOARD GRANTS THEM. UM, SO THOSE ARE THE CHANGES THAT THEY'RE REQUESTING. UH, THE PRIMARY CHANGES FOR THE CHANGE OF OWNER OPERATOR. UM, AND THEN THESE OTHER TWO CONDITIONS THAT WOULD ALLOW THEM TO SEEK A CONDITIONAL USE PERMIT FROM THE PLANNING BOARD, WHICH WOULD SUPERSEDE THE LIMITATIONS IN THIS ORDER WITH THAT STAFF, UH, RECOMMENDS, UH, THAT THE APPLICATION BE APPROVED, UM, BECAUSE THEY, AS I SAID, ANY, ANY CHANGES THAT THEY PROPOSE WOULD HAVE TO GO THROUGH A VERY THOROUGH PROCESS, UM, TO ALLOW THEM TO, TO MAKE ANY CHANGES TO THEIR SOUND SYSTEM, TO THEIR OCCUPANCY LOAD LIMITS, TO THEIR, UH, SEAT LIMIT. AND, UM, AND SO STAFF IS NOT A, NOT OPPOSED TO THAT BECAUSE THEY WOULD HAVE A PROCESS THAT WOULD SAFEGUARD RESIDENTS IN THE SURROUNDING NEIGHBORHOOD. AND BEFORE WE START, JUST ANY DISCLOSURES FROM THE BOARD? NO. OKAY. GOOD MORNING, MADAM CHAIR, HONORABLE BOARD MEMBERS, CITY STAFF, AN ATTORNEY, JAMES RAUL WITH GREEN SCHOOL, MARTY, OFFICE OF 600 BERKELEY AVENUE. HERE TODAY WITH, UH, OUR CLIENT, THE HR PINI, WHO IS THE 100% OWNER OF THE APPLICANT ENTITY, ENTITY. AND ON ZOOM IS MY ASSOCIATE, ADRIAN NOTTO. UM, LIO REALLY GAVE YOU THE FULL EXPLANATION OF WHAT THIS APPLICATION IS FOR. UH, THE PRIMARY PURPOSE OF THE APPLICATION IS FOR A CHANGE OF OWNER OPERATOR BECAUSE YOUR PRIOR ORDER ON THE GRANTING OF A VARIANCE TO USE THE ACCESSORY BAR FOR THE RESTAURANT WAS SPECIFIC TO A A, A SPECIFIC L-L-C-N-Z-R-L-L-C. OUR CLIENT IS NOW THE TENANT OF THE SPACE, AND OF COURSE, WANTS TO UTILIZE THE EXISTING BAR COUNTER. THAT'S, UH, AN ACCESSORY USE TO THE RESTAURANT. IT'S A STRUCTURE, BUT THERE'S ESSENTIALLY AN OPENING AT THE TOP. THAT'S THE ONLY REASON IT'S CONSIDERED OPEN AIR. UM, IN THIS CASE, UH, AND I, AND OUR CLIENT IS HERE, HE CAN GIVE YOU, UH, AN EXPLANATION OF THE CONCEPT THAT THE BOARD WAS WOULD LIKE, BUT, UH, THIS WILL BE A LUXURY DINING EXPERIENCE THAT BLENDS JAPANESE PRECISION AND ITALIAN PASSION, UM, UH, STEAKHOUSE TYPE CONCEPT. UH, LIO MENTIONED SOME OF THE OTHER CONDITIONS. UH, STAFF IS UPDATING THE ORDER WITH SOME OF THEIR STANDARD CONDITIONS THAT THEY HAVE, UH, ADDED TO, UM, DEVELOPMENT BOARD ORDERS AS OF LATE. UM, JUST AS A NOTE ALSO FOR THE STAFF, WHEN WE FILED THIS APPLICATION, WE HADN'T HAD THE FIRE DEPARTMENT INSPECTION YET ON THE OCCUPANCY. WE'VE SINCE HAD THAT INSPECTION YESTERDAY. AND, UH, IT CAME IN EXACTLY AT THE SAME NUMBER, 2 47. SO WE, WHEN WE FILED THE APPLICATION, WE, WE DON'T KNOW EXACTLY WHAT NUMBER THEY CAN CALCULATE, BUT IT CAME OUT EXACTLY THE SAME. SO THERE IS NO, WITH THIS APPLICATION, THERE IS NO CHANGE IN THE, UH, SITE. THERE'S NO INCREASE IN SQUARE FOOTAGE, NO INCREASE IN OCCUPANCY, NO INCREASE IN SEATING, UH, NO CHANGE IN THE USE. IT'S A RESTAURANT. UM, AND IT WILL CONTINUE TO OPERATE AS SUCH. UH, THE ONLY CHANGE IS THE ENTITY, UH, THAT IS THE TENANT NOW. AND, UM, PIEROS CONCEPT, UH, WHICH HE CAN GIVE YOU A LITTLE BIT MORE OF AN EXPLANATION OF. THE ONLY REASON FOR THE, UM, MODIFICATIONS REGARDING, UM, POTENTIALLY CONDITIONALLY USE PERMIT IS IF, IF IN THE FUTURE, UM, THE APPLICANT DECIDED [01:05:01] TO APPLY FOR A CONDITIONALLY USE PERMIT. UM, IT, WE DIDN'T WANT THERE TO BE JURISDICTIONAL CONFUSION BETWEEN THE BOARDS, UH, WHICH WE'VE HAD HAPPEN IN THE PAST. SO IT JUST ADDRESSES THAT POTENTIAL. THAT'S NOT IN PROCESS NOW, THAT'S NOT PLANNED RIGHT NOW, BUT IN THE EVENT IT WAS IN THE FUTURE, UM, IT WOULD ADDRESS THAT. UM, WE'RE HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. WE'VE HAD, UH, NO INTERACTION WITH, UH, ANY NEIGHBORS, UM, OR BUILDINGS WITH RESPECT TO THIS APPLICATION. UH, WE HAVE A CITY PARKING LOT TO THE NORTH, UM, ALSO ACROSS THE STREET, UH, ACROSS LENNOX. AND THE MAJORITY OF THE SITE IS OWNED BY, UH, OUR CLIENT'S LANDLORD. THE 1111, IT'S PART, IT'S ESSENTIALLY PART OF THE 1111 LINCOLN SITE. AND IF YOU ASK FOR YOUR APPROVAL, AS I SAID, BEATER'S HERE AND ANSWER ANY QUESTIONS YOU MAY HAVE WANTED HIM TO BE HERE, INTRODUCE YOU TO THE, TO THE BOARD. UH, OF COURSE, HE ACKNOWLEDGES THE CONDITIONS AND IS IN AGREEMENT WITH ALL THE STAFF'S RECOMMENDED CONDITIONS. THANK YOU. DO WE HAVE ANY COMMENTS OR QUESTIONS FROM THE PUBLIC? NO HANDS ARE RAISED ON ZOOM. OKAY. UM, COMMENTS OR QUESTIONS FROM ANY BOARD MEMBER WHO WOULD LIKE TO BEGIN? I'LL, I'LL START. UM, THIS IS ABOUT AS CLEAR AS MUD TO ME. UM, SO, UM, I UNDERSTAND THAT THE TWO PROPOSED MODIFICATIONS ARE TO, UH, OCCUPANCY, WHICH IS ALLOWED BY THE FIRE DEPARTMENT TO BE 247 SEATS BA OR 247 PEOPLE. AND THAT'S PROBABLY BASED ON THE NUMBER OF EXITS AND, UH, INTO THE BUILDING. UH, OUT OF THE BUILDING. UM, THEY'RE PROPOSING 218 SEATS. UM, THAT DOESN'T MEAN THAT THERE WON'T BE MORE PEOPLE THAN SEATS. UM, BUT THE MAXIMUM STILL REMAINS AT 2 47. SO WHY DO WE NEED TO, AS A BOARD APPROVE THIS CONDITION IF IT IS ONLY BEING REDUCED? UM, POTENTIALLY. SO THE SEAT COUNT AND THE OCCUPANCY COUNT ARE TWO, TWO DIFFERENT METRICS. THE SEAT COUNT IS SOMETHING THAT'S MUCH EASIER TO, TO VISUALIZE AND, AND PUT A STOP ON THE FIRE OCCUPANCY LIMIT, UM, CAN VARY BASED ON A SLEW OF FACTORS. NUMBER OF X EXITS THE LOCATION OF THE FURNITURE LOCATION OF, OF PLANTS, OF, OF DIFFERENT DECORATIVE MATERIALS. UM, CHANGES TO THE FIRE CODE, IF ANYTHING CHANGES, THE FIRE OCCUPANCY LIMIT CAN CHANGE. AND SO THEY, UM, WOULD RATHER THE DIS THE, THE, THE LIMIT BE SOMETHING THAT IS MORE TANGIBLE, THAT IS MORE TANGIBLE, FIXED AND EASIER TO, EASIER TO IMPLEMENT, INTERPRET, TO IMPLEMENT, AND TO CONFIRM. CORRECT. BUT AT NO TIME WILL THEY EXCEED THE 247 OCCUPANTS ALLOWED UNDER THE FIRE DEPARTMENT IF, UNLESS THE FIRE DEPARTMENT DETERMINES OTHERWISE DETERMINES OTHERWISE. YEAH. OR, OR IF THEY, IF THEY, UM, WELL, THE FIRE DEPARTMENT'S LIMIT IS ALWAYS, IS ALWAYS THE, THE ABSOLUTE LIMIT. YEAH. BUT EVEN THEN, IF THE FIRE DEPARTMENT WERE TO CHANGE IT TO TWO 50, LET'S SAY INSTEAD OF 2 47 AND THEY WANTED TO GO TO TWO 50, IT WOULD STILL NEED TO GO BACK TO THE PLANNING BOARD IF THEY WANTED TO GO TO 250. UM, THE NO, WHAT WOULD TRIGGER THEM GOING TO THE PLANNING BOARD IS AN OCCU IS INCREASING THE SEAT COUNT OKAY. OF 2 18, 2 18. UM, IF THEY WANT TO BECOME A NEIGHBORHOOD IMPACT ESTABLISHMENT, THEY WOULD HAVE TO GO TO THE PLANNING BOARD. SO WHAT AN, WHAT A NEIGHBORHOOD IMPACT ESTABLISHMENT ENTAILS IS AN ESTABLISHMENT THAT HAS ENTERTAINMENT AND MORE THAN AN, AN OCCUPANCY HIGHER THAN 199 SEATS. SO I BELIEVE RIGHT NOW YOU DON'T HAVE ENTERTAINMENT. YOU JUST HAVE A DJ. I MEAN, I MEAN, UH, BACKGROUND MUSIC. BACKGROUND MUSIC. CORRECT. THERE'S NO ENTERTAINMENT. SO A ACTUALLY, AND THAT STATEMENT IS CORRECT. IF WE WENT TO THE PLANNING, IF WE WANTED TO, UM, IF THEY WANTED TO ADD ANY ENTERTAINMENT COMPONENT TO IT, WHICH COULD BE SOMETHING AS SIMPLE AS A VIOLINIST, UM, IT WOULD HAVE TO GO TO THE PLANNING BOARD. BECAUSE THE OCCUPANCY LIMIT THAT TRIGGERS YOU GOING ON THE PLANNING BOARD IS ANYTHING OVER 1 99. SO WE ALREADY KNOW IT'S OVER 1 99, SO THAT IT WOULD HAVE TO GO TO THE PLANNING BOARD. OKAY. UM, AND WE JUST HAPPENED TO HAVE THE FIRE INSPECTION YESTERDAY AND THE OCCUPANCY, AND IT CAME IN EXACTLY 2 47. SO WE NOW KNOW THAT IT'S GONNA BE THERE. WE WERE JUST CONCERNED, WHAT IF THE FIRE DEPARTMENT OF CONDUCT INSPECTION WAS 2 48? WE'VE TO COME BACK FOR ANOTHER PUBLIC HEARING FOR ONE PERSON. THAT'S THE ONLY REASON THAT WE REQUESTED THAT MODIFICATION. OKAY. UM, BUT FORTUNATELY YESTERDAY WE FOUND OUT FIRE INSPECTOR CAME IN, DETERMINED IT WAS 247, STILL SAME NUMBER. AND AS FAR AS THE [01:10:01] PROPOSED MODIFICATION TO NUMBER SIX AND EIGHT, WHICH PERTAIN TO THE SOUND SYSTEM REQUIREMENTS, I'M, I'M ASSUMING THAT'S BECAUSE YOU DON'T WANT THAT SOUND TO BLEED INTO THE NEIGHBORHOOD RESIDENTIAL OR MULTI-FAMILY NEIGHBORHOOD THAT'S THERE. UM, ARE THEY CHANGING ANYTHING THERE? NO, THEY'RE NOT, THEY'RE NOT CHANGING ANYTHING TO THE SOUND. SO WHY COME HERE TO THIS BOARD? THE BO THE, THE ORDER HAD THOSE CONDITIONS IN EFFECT PRIOR THAT EVEN IF IT HAD MORE THAN A 50% CHANGE OF OWNERSHIP, IT WOULD HAVE TO COME HERE MM-HMM . AND POTENTIALLY TO THE PLANNING BOARD AS WELL. RIGHT. SO IF, LET'S ASSUME THEY WANTED TO ADD ENTERTAINMENT, THEY WOULD HAVE TO GO TO THE PLANNING BOARD AND THEY WOULD HAVE TO COME BACK TO THIS BOARD TO MODIFY THE CONDITIONS IN THE ORDER. SO THEY'D HAVE TO GO TO BOTH BOARDS. IF THEY'RE KEEPING THINGS AS IS PRESENTED HERE TODAY, THEY DON'T HAVE TO GO TO THE PLANNING BOARD. CORRECT. THEY DON'T HAVE TO GO TO THE PLANNING BOARD. BUT IF, LET'S LET'S SAY THEY WANTED TO CHANGE AND SEEK A CONDITIONAL USE PERMIT TO ALLOW FOR ENTERTAINMENT. THE, THE DESIGN REVIEW BOARD ORDER HAD A RESTRICTION ON SOUND. SO THEY WOULD'VE HAD TO DO, GO TO BOTH BOARDS. THEY WOULD HAVE TO GO TO THE PLANNING BOARD, WHICH IS IF THEY WANTED TO INCREASE SOUND. RIGHT? YEAH. AND THEN COME HERE TO HAVE THAT CONDITION MODIFIED AGAIN. SO WHAT THEY'RE REQUESTING HERE IS THE CONDITIONS THAT ARE IN EFFECT BY THE DESIGN REVIEW BOARD STAY IN EFFECT, UNLESS THE PLANNING BOARD APPROVES SOMETHING DIFFERENT, THE CONDITIONS OF THE PLANNING BOARD WOULD SUPERSEDE THE RESTRICTIONS IN THIS ORDER. I, MAYBE THIS IS SOMETHING WE CAN SPEAK MORE AS A BOARD LATER ON, BUT ROGELIO, IT COSTS A LOT OF MONEY TO COME TO THIS BOARD MM-HMM . AND IT COSTS A LOT OF TIME FOR A LOT OF PEOPLE INVOLVED AND TO COME FOR THINGS SUCH AS THIS THAT BASICALLY REMAIN THE SAME. UM, I DON'T, I, I'M QUITE NOT SURE WHY WE SHOULD CONTINUE WITH THIS REQUIREMENT, AND MAYBE THERE'S SOME VERY GOOD REASONS. UH, AND THAT'S MAYBE SOMETHING WE CAN DISCUSS AT A FUTURE MEETING, IF YOU CAN PUT IT ON THE SURE. AGENDA. I, I WOULD SAY IT'S NOT COMMON. UM, IT WAS PROBABLY DONE IN THIS CASE BECAUSE THEY WERE NOT SEEKING ENTERTAINMENT. AND SO THE BOARD WANTED THERE TO BE SOME RESTRICTIONS BECAUSE THEY WERE NOT SEEKING A COMPANION PLANNING BOARD ITEM. MM-HMM . UM, AND SO THAT'S WHY I THINK THIS WAS DONE AT THE TIME. IT WAS DONE SEVERAL YEARS AGO. UM, AND I THINK, I THINK THAT WAS, THAT WAS THE ISSUE BECAUSE THEY WERE NOT GOING TO THE PLANNING BOARD. THERE WOULD BE NO OPERATIONAL RESTRICTIONS ON THE ESTABLISHMENT, AND THE BOARD WANTED THERE TO BE SOMETHING. AND SO THIS WAS DONE. IT'S NOT TYPICAL. TYPICALLY, SOMEBODY THAT'S PROPOSING A RESTAURANT WANTS THE ENTERTAINMENT, WANTS THESE OTHER THINGS AND WILL GO TO THE PLANNING BOARD. YEAH. FOR WHATEVER REASON, THEY CHOSE NOT TO DO THAT AT THE TIME MM-HMM . UM, AND SO THAT'S WHY WE HAVE THESE, THESE CONDITIONS THAT WE DON'T TYPICALLY SEE IN A BOARD. OKAY. ALRIGHT. THANK YOU. UM, DOES ANYBODY WANT TO MAKE A MOTION TO APPROVE 1664 LENNOX AVENUE? I'LL MAKE A MOTION TO APPROVE. I'LL SECOND THAT. ALL IN FAVOR? AYE. AYE. OKAY. THANK YOU. THANK YOU VERY MUCH. AND THIS IS NOW GONNA BE ITALIAN. IT'S A JAPANESE ITALIAN STEAKHOUSE. JAPANESE ITALIAN STEAKHOUSE. I DIDN'T WANT TO STOP AND TAKE TIME TO, TO HEAR ABOUT IT, BUT I, I'LL LOOK IT UP. , I HAVE A RESTAURANT IN CONNECTICUT. YOU CAN TAKE LOOK, UH, CAR. UH, IT'S ITALIAN. JAPANESE. YOU SHOULD DO VERY WELL. WE'LL, WE'LL, THANK YOU. ENJOY LUCK. THANK YOU. GOOD LUCK. OKAY. SO OUR NEXT APPLICANT IS, UM, I'LL TRY AGAIN FOR ANYBODY HERE FOR 69 40 ABBOTT AVENUE. I, I HEARD HE'S, HE'S ALMOST HERE. HE EXPECTED US TO HAVE A SHORT BOARD UNTIL 10 30, SO HE WAS NOT PLANNING ON ARRIVING. OH, OKAY. SO THAT WAS THE ISSUE. OKAY. UM, UH, SO THE NEXT, THE NEXT ITEMS DO HAVE 69 45 ABBOTT AVENUE. IS THAT IN ANY WAY RE UH, HAVE A RELATIONSHIP? NO, THEY ARE ACROSS THE STREET TO TOTALLY INDEPENDENT PROJECTS. MM-HMM . OKAY. IS SOMEONE HERE FOR 69 45? YES. OKAY. CAN I JUST GRAB MY TEAM WHERE SURE, SURE. 69 AND SIX. SO WE ARE, [12. DRB25-1088, 6945 Abbott Avenue.] ARE DOING DRB 25 DASH 10 88, WHICH IS LOCATED AT 69 45 ABBOTT AVENUE. UM, AND I HAVE A QUESTION, THE ONE THAT WE'RE HEARING LATER, WHICH IS 50 WEST ALITO DRIVE, AGAIN, THEY NEED A FIVE SEVEN VOTE IN ORDER FOR THAT ITEM TO PASS. UM, AND BECAUSE WE'RE ONLY FIVE AT THIS POINT, THERE ARE NO VARIANCES. THAT APPLICATION ONLY REQUIRES FOUR. FOUR. OKAY. YES. SO, UM, IF ONCE WE GET TO YES, THE POINT, WE MAY HAVE TO HEAR YOUR ITEM, AND I AGREE. AND, UM, OKAY. THANK YOUS TO YOU, ADAM, CHAIR. OKAY, THANK YOU. WHERE IS THAT REPORT? [01:15:01] OH, HERE. IT'S TOO MANY. OKAY. OKAY. UH, D RRB 25 10 88. 69 45 HOUR AVENUE. THIS APPLICATION HAS BEEN FILED REQUESTING DESIGN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SIX STORY MIXED USE HOTEL BUILDING, INCLUDING A VARIANCE TO REMOVE THE REQUIREMENT FOR, UH, THIS DESIGNATED LOADING SPACE, INCLUDING ONE OR MORE WAIVERS. OKAY. SO THIS IS A INTERESTING PROJECT. IT'S A SINGLE LOT PROJECT. UM, THE SITE CURRENTLY CONTAINS A TWO STORY, UM, HOTEL, UH, APARTMENT, HOTEL BUILDING. UM, AND THE APPLICANT IS PROPOSING TO REPLACE THE STRUCTURE. IT IS LOCATED IN THE NORTH BEACH, NORTH BEACH TOWN CENTER, CENTRAL COURT DISTRICT. THAT IS A ZONING DISTRICT. UM, THAT IN 2018 WAS, UM, THE, THE ZONING REGULATIONS WERE MODIFIED. THE, THE HEIGHT RESTRICTIONS WERE INCREASED. THERE WAS AN FAR, UH, INCREASE THAT WAS APPROVED BY THE VOTERS FOR THAT AREA, UM, AS AN AREA THAT THE CITY WANTED TO SEE A SIGNIFICANT AMOUNT OF DEVELOPMENT IN. UM, SO THIS IS A, A SINGLE STORY SITE. UM, ON THE SOUTH, THEY ARE LOCATED NEXT TO THE, UH, PUBLIC STORAGE, A PUBLIC STORAGE FACILITY, UH, WAREHOUSE BUILDING. UM, AND THEN TO THE NORTH. UM, THERE'S ANOTHER DEVELOPMENT THAT, THAT, UH, WILL BE TAKING PLACE THERE THAT WAS APPROVED BY THIS BOARD. UM, SO THIS, THIS SITE IS INTERESTING. IT'S LOCATED, UM, ON WHAT IS CALLED THE PA. SO PART OF THE TOWN CENTER REGULATIONS, UM, ARE REQUIRE THAT ON WHAT SHOULD HAVE BEEN PLATTED AS 69TH STREET. THERE WAS NEVER A 69TH STREET. THE, THE GRID GOES FROM 68 TO 70 TO 70 TO 70 TO, UH, TO 71, UH, SORRY, 70TH. IT GOES FROM 69 TO 70. THERE WAS NO 70TH STREET, I APOLOGIZE. MM-HMM. THERE SHOULD HAVE BEEN A 70TH STREET. SO THE CODE REQUIRES THAT THE PROPERTIES THAT ARE FRONTING WHAT WOULD HAVE BEEN 70TH STREET ARE REQUIRED TO HAVE A 10 FOOT SETBACK TO CREATE A PUBLIC PEDESTRIAN PASS TO ALLOW PEDESTRIANS TO BE ABLE TO CROSS THAT DISTRICT, BECAUSE THE BLOCKS ARE VERY LONG. AND ONE OF THE GOALS OF THE TOWN, OF THE TOWN CENTER REGULATIONS IS TO EN ENCOURAGE PEOPLE TO BE ABLE TO WALK AND FACILITATE THAT. SO THEY ARE COMPLYING WITH THAT RESTRICTION. SO THEY HAVE ON THE NORTH SIDE A PEDESTRIAN POEO. THEY'RE PROVIDING THEIR SEGMENT. AS OTHER PROPERTIES DEVELOP, THEY WILL BE PROVIDING THEIR SEGMENT. AND THE IDEA IS THAT OVER TIME, WE WILL HAVE A COMPLETE PEDESTRIAN POEO THAT CROSSES THE ENTIRETY OF THE, OF THE NORTH BEACH TOWN CENTER, UH, FROM CREEK DRIVE ALL THE WAY TO COLLINS AVENUE. UM, SO THIS, UM, THIS APPLICATION, IT'S A, IT'S A 48 UNIT BOUTIQUE HOTEL. UM, THEY HAVE A LOBBY ON THE GROUND FLOOR AND SOME SMALL COMMERCIAL SPACES. UM, AND THEN THE UPPER LEVELS CONTAIN, UH, HOTEL ROOMS RANGING FROM 300 TO 347 SQUARE FEET. AND THEN THE TOP FLOOR HAS A ROOFTOP POOL AND A TERRACE. UM, THE FOOTPRINT OF THE BUILDING, BECAUSE OF THE PASSE, IS SHIFTED TO THE SOUTH OF THE SITE. IT'S NOT A VERY BIG SITE. IT'S ONLY, UH, THE LOT IS 6,250 SQUARE FEET. UM, AND SO THEY ARE PROPOSING A FLOOR AREA OF 21,409 SQUARE FEET, UM, WHICH IS VERY CLOSE TO THE MAXIMUM ALLOWED. UM, THE FAR LIMIT HERE IS 3.5, WHICH IS, UH, PRETTY MUCH THE HIGHEST ALLOWED IN THE CITY. UM, SO, BUT IT IS A SMALL SITE. UM, AND THEN THE APPLICANT, UM, IS PROPOSING, UM, THE LOBBY HAVE, UM, AGAIN, SOME COMMERCIAL SPACES, SOME DOUBLE HEIGHT, GLASS VOLUMES. AND SO IT'S VERY NICE AT THE PEDESTRIAN LEVEL, THEY'RE PROPOSING A, UH, A 10 FOOT SETBACK LANDSCAPING AND COMPLYING WITH ALL OF THE FRONTAGE REQUIREMENTS, UM, THAT THE CODE CONTAINS. UM, THE TOWER PORTION OF THE BUILDING RISES FROM THE SECOND FLOOR, UM, WITH A PATTERN METAL FACADE THAT HAS, UH, SEVERAL UNDULATING PLANES. SO THE FACADE HAS A LOT OF MOVEMENT, UM, THAT FOLLOWS, UH, UM, THE CURVES AND THE BALCONY SLAB EDGES. UM, THE FACADE IS PERFORATED, SO IT HAS OPENINGS THAT ALLOW LIGHT TO, TO FILTER INTO THE RECESSED BUILDING WALLS. UM, UM, AND THE BUILDING WALLS CONSIST OF GRAY STUCCO AND GLASS WITH THAT, UH, BEHIND THE, BEHIND THE ARCHITECTURAL SCREENING. UM, THE ROOFTOP LEVEL, UM, IS AT, UH, THE SETBACK ON AB ABBOTT AVENUE. UM, AND IT HAS A, UH, A CONCRETE CANOPY ABOVE THE, ABOVE THE ABOVE THE POOL DECK AREA. UM, SO OVERALL STAFF IS SUPPORTIVE OF THE DESIGN, BUT, UH, WE DO RECOMMEND THAT THE ARCHITECT INCORPORATE SOME ADDITIONAL ARCHITECTURAL INTEREST TO THE, UH, GRAY STUCCO WALL THAT IS LOCATED ON THE NORTH ELEVATION FACING THE PEDESTRIAN PASS. UM, STAFF ALSO, UH, STAFF RECOMMENDS THAT THEY INCORPORATE A HIGHER QUALITY MATERIAL, UM, OR A MORE NATURAL SOLUTION SUCH AS LANDSCAPE ON THAT WALL. UM, IN ORDER TO SOFTEN THE, SOFTEN THE DESIGN THERE, [01:20:01] UM, THE APPLICANT IS ALSO REQUESTING A VARIANCE OF THE OFF STREET LOADING REQUIREMENT. BECAUSE OF THE NARROWNESS OF THE SITE, IT'S VERY DIFFICULT FOR THEM TO PROVIDE PARKING. IT'S VERY DIFFICULT FOR THEM TO BUILD A DRIVEWAY, GIVEN THAT THEY HAVE TO PROVIDE THE SETBACK FOR THE EO. UM, SO STAFF, UM, IS NOT OPPOSED TO THE GRANTING, UM, OF THIS VARIANCE FOR THE LOADING THE CODE WOULD REQUIRE THEM TO HAVE ONE LOADING SPACE. UM, SO WE ARE RECOMMENDING THAT THAT BE WAIVED, UH, UH, VARIED. THERE'S ANOTHER REQUIREMENT THAT PROHIBITS OFF STREET LOADING, ON-STREET LOADING SPACES ON CLASS B FRONTAGES. SO ABBOTT AVENUE IS A CLASS B FRONTAGE. UM, THE APPLICANT IS SEEKING A VARIANCE OF THAT REQUIREMENT IN ORDER TO ALLOW THEM TO HAVE SOME ON-STREET LOADING, UM, IN FRONT OF THE SITE AS THEY WILL NEED SOME OPERATIONAL LOADING TO HANDLE DELIVERIES TO THE SITE AND SUCH. UM, GIVEN THE, GIVEN THE LOCATION AWAY FROM 71ST STREET, WHICH IS THE PRIMARY FOCUS OF THE, OF THE NORTH BEACH TOWN CENTER DISTRICT COMMERCIAL REGULATIONS, UM, THE, THE LOADING TAKING PLACE ON THIS STREET FRONTAGE, UM, SHOULD NOT IMPACT THE, THE RETAIL OPERATIONS THAT, THAT ARE EXPECTED ALONG ABBOTT AVENUE. SO STAFF IS NOT OPPOSED TO THE GRANTING OF THAT VARIANCE EITHER. UM, THE, THE, UM, THE PROJECT DOES NOT REQUIRED TO PROVIDE PARKING. SO THE CODE, UH, THAT THE PARKING TIER THAT IS, UH, THAT APPLIES TO THE TOWN CENTER DOES NOT REQUIRE PARKING FOR HOTELS OR FOR RETAIL. IF THERE'S PARKING WITHIN THE VICINITY. THERE ARE A FEW PUBLIC PARKING LOTS OWNED BY THE CITY AND THE SURROUNDING AREA. PLUS THERE IS A PUBLIC PARKING GARAGE THAT IS BEING PROPOSED FOR THE, UM, THAT IS, THAT SHOULD BE BUILT, SHOULD BE STARTING CONSTRUCTION, UM, UH, AND DESIGN WORK SOON, UM, FOR THE PARKING LOT LOCATED AT 72ND STREET, UM, WHICH IS ABOUT TWO BLOCKS AWAY FROM THIS SITE. UM, SO WITH THAT, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER. OKAY. THANK YOU. AND BEFORE WE START, ANY DISCLOSURES FROM THE BOARD? NO. OKAY. NONE. THANK YOU. GOOD MORNING. I UTE OF HOLLAND AND KNIGHT WITH OFFICES AT 7 0 1 BRICKELL AVENUE. I'M JOINED TODAY BY MY COLLEAGUE SYLVIA AND JUAN OF MATTER ARCHITECTURE AND OUR PRINCIPLE FLOOR. I ALSO WOULD LIKE TO TAKE A BRIEF MOMENT OF PERSONAL PRIVILEGE TO EXPRESS MY DEEP GRATITUDE TO APPEAR BEFORE THIS AUGUST BODY. THIS IS MY FIRST TIME ON THE OTHER SIDE OF IT, AS I USED TO BE A CITY ATTORNEY WITH THE GREAT STEVE ROTHSTEIN OVER HERE. SO I'M A LITTLE NERVOUS, BUT I'M SUPER EXCITED AND I HOPE YOU GUYS WILL APPRECIATE THIS APPLICATION AS MUCH AS I DO. AND WITH THAT, WE'LL GET STARTED. SO FAR WE AGREE WITH YOU. STEVE ROSSING IS AN AWESOME GUY. THANK YOU ALL. I WILL HAVE TO SWEAR YOUR TEAM IN 'CAUSE I BELIEVE EVERYONE CAME IN LATE. YES. SO LET ME JUST STOP THIS FOR A MOMENT. UH, FOLKS, DO YOU, UH, PLEASE 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? YES, I DO. OKAY. THANK YOU SO MUCH. THANK YOU. WE CAN GET THE PRESENTATION UP. EXCELLENT. SO, AS, UM, ROGELIO MENTIONED REALLY SUCCINCTLY AND PERFECTLY, THIS APPLICATION IS EXACTLY WHAT YOU ARE ASKING FOR IN YOUR CODE. IT'S EXACTLY WHAT THE VOTERS WANT TO SEE IN NORTH BEACH TOWN CENTER, AND IT'S REALLY A CONTINUATION OF WHAT'S ALREADY HAPPENING AT 69 45 ABBOTT M HOTEL AS IT EXISTS TODAY IS AN 11 UNIT BOUTIQUE HOTEL. SO EFFECTIVELY WE'RE UPGRADING IT TO MATCH THE NEIGHBORHOOD, WHICH HAS, AS YOU GUYS KNOW, SUPPOSED TO BE THE CENTER CORE OF THE NORTH BEACH. WE'RE PROVIDING THE PEDESTRIAN POEO, AS ROGELIO MENTIONED. AND WE'RE ALSO LOOKING TO CONTINUE THE USE OF TWO SPOTS ON STREET FOR LOADING, WHICH IS AN EXISTING USE UNDER ABBOTT M HOTEL. CURRENTLY, AS I MENTIONED, OUR ZONING IS TOWN CENTER CENTRAL CORE, AND THAT IS EXACTLY WHAT YOU WANT TO SEE HERE. PEDESTRIAN, FRIENDLY, WALKABLE, MIXED USE, SOMETHING THAT'S SUPPOSED TO ACTIVATE THE PUBLIC REALM IN LINE WITH THE PRINCIPLES OF NEW URBANISM. AS YOU SEE IN YOUR FUTURE LAND USE MAP, THIS ENTIRE AREA IS SLATED TO BE WITHIN THAT SAME DESIGN. SO WHAT WE ARE PROPOSING HERE IS EXACTLY WITHIN YOUR CODE. WE'RE NOT ASKING FOR EXTRA HEIGHT, WE'RE NOT ASKING FOR EXTRA DENSITY. WE'RE NOT EVEN ASKING FOR A VARIANCE FROM THE POEO OR FROM THE SETBACKS. THE ONLY THING WE'RE ASKING TO DO IS CONTINUE DOING WHAT'S ALREADY BEEN ON THE SITE, BUT AT A BIGGER, BETTER LEVEL THAT'S MORE IN LINE WITH THE FUTURE OF MIAMI BEACH. SO HERE ARE SOME PHOTOS OF THE EXISTING HOTEL USE. AS YOU CAN SEE, WE CURRENTLY DON'T HAVE PARKING. WE CURRENTLY DON'T HAVE ANYTHING THAT IS ON THAT FIRST FLOOR. NOW WE'RE GONNA HAVE SOMETHING WHERE IF YOU'RE WALKING YOUR DOG DOWN THE STREET, YOU CAN PASS THROUGH AND BE EXPERIENCING, YOU KNOW, PUBLIC LIFE IN A WAY THAT WE ALL WANT TO EXPERIENCE IN MIAMI BEACH. H FOR CONTEXT, THIS NEIGHBORHOOD IS IN TRANSITION. YOU GUYS HAVE [01:25:01] APPROVED A NUMBER OF PROJECTS IN THE AREA, AND WE SEE OUR DESIGN AS COMPLIMENTING THOSE. AND IN LINE WITH THE VISION, AS WE MENTIONED, THAT'S THE GROUND FLOOR ACTIVATION. AND I WON'T BELABOR THE POINT. ONE OTHER POINT I'LL MAKE IS THE BIKE ROOM IS SUPPOSED TO HOUSE ENOUGH BIKES FOR OUR EMPLOYEES. WE ALSO PLAN TO PROVIDE BUS PASSES. SO THE IDEA REALLY IS TO ENCOURAGE PEOPLE TO USE MULTIPLE MODES OF TRANSPORTATION. HERE ARE SOME RENDERINGS OF THE PEDESTRIAN POEO, WHICH WE'VE UPGRADED IN LINE WITH ROGELIO AND STAFFS, UM, RECOMMENDATIONS TO IMPROVE THE MATERIALS AND TO MAKE IT MORE INTERESTING FOR THE PEDESTRIAN LEVEL. I'M GONNA LET THE ARCHITECTS GET INTO MORE OF THE DETAILS ON DESIGN. 'CAUSE I KNOW WHEN I'M OUT OF MY DEPTHS, BUT AT THIS POINT, I WANT TO TRANSITION NOW TO JUAN AND SYLVIA WHO WILL TALK YOU THROUGH, YOU KNOW, OUR MATERIALS AND OTHER DESIGN FEATURES. . OKAY. THANK YOU VERY MUCH. MICH. I'LL, UM, I'LL GO BACK ONE. SO, UM, HI, HOW, HOW, HOW'S EVERYBODY DOING? THANK YOU SO MUCH FOR, UH, RECEIVING US, AND WE'RE VERY EXCITED TO SHOW YOU THIS PROJECT BECAUSE FOR US, IN, IN OUR PRACTICE, IT'S ABOUT, IT'S THE FOURTH, UH, HOTEL PROJECT THAT WE ARE WORKING, UH, IN, IN MIAMI BEACH, ESPECIALLY THE NORTH BEACH AREA. AND WE'VE SEEN ONE OF THEM IS ABOUT TO OPEN, IT'S, YOU KNOW, ON HARDING AVENUE WITH OUR HISTORICAL RENOVATION THAT BECAME A BEAUTIFUL COURTYARD BUILDING. AND WE'RE SEEING THAT A LOT OF THESE OLDER STRUCTURES HAVE THE POTENTIAL TO REALLY REVITALIZE THE NEIGHBORHOOD IN A VERY RESPONSIBLE WAY, VERY PEDESTRIAN ORIENTED. AND WITH THESE, UH, WITH THESE, WITH THIS AEO, UH, CODE, UH, UH, BUILT IN, UH, DEFINITION BUILT INTO THE CODE, IT GIVES US JUST THAT. SO WHEN YOU GO TO THE GROUND FLOOR OF THE PROJECT, YOU SEE HOW MUCH OF IT IT'S DEDICATED TO, TO, UM, TO PUBLIC USE AND HOW OPEN IT IS TO THE PUBLIC. UM, AND FROM WHAT I UNDERSTAND, YOU KNOW, THE, THE, THE OWNER WANTS TO OPERATE IT WITH, WITH ALSO NEIGHBORHOOD FRIENDLY PROGRAMS. SO WE, BACK TO THIS SLIDE. WE DEFINITELY AGREE THAT THIS, THIS PARTICULAR, UH, PART OF THE SITE SHOULD BE IMPROVED WITH NATURAL MATERIALS, WITH LANDSCAPING, WITH, UH, WITH, WITH ORGANIC TEXTURES AND, AND, AND TRANSPARENCY AND LIGHT SO THAT THERE IS, UH, IN A SMALL SITE, YOU CAN STILL GET A LOT OF QUALITY. YOU CAN STILL GET SOME PERMEABILITY FROM THE STREET. AND EVENTUALLY WHEN ALL THE PROJECTS, UH, JOIN FORCES, YOU WOULD HAVE A BEAUTIFUL EXPERIENCE IN WALKING THROUGH THIS NEIGHBORHOOD. HOPEFULLY THIS COULD BE A BIT OF A MODEL FOR THE, THE ONES TO COME. UM, AFTER, UM, SO I'LL RUN YOU A LITTLE BIT THROUGH THE, THROUGH THE, THROUGH THE PROJECT, WE HAVE THIS GROUND FLOOR. AS YOU CAN SEE, THE, THE, THERE'S SOME OPEN, OPEN, UH, OPEN TO THE, TO THE STREETSCAPE. THE BUILDING IS A, LIKE , IT'S A SIX STORY BUILDING. UM, WE HAVE A SCREEN THAT IS MADE OF PERFORATED METAL WITH UNDULATING SHAPES TO BREAK UP THE, THE, THE BOX FACTOR THAT WOULD OTHERWISE BE THE, THE KIND OF NATURAL EXTRUSION OF, OF THE CODE AND THE, AND, AND THE HOTEL ROOM COUNT. UM, SO, AND AGAIN, IT'S A WAY OF FILTERING LIGHT, OF SOFTENING IT UP, PROVIDING SOME, SOME, SOME COLORS. IN THIS CASE, WE'RE LOOKING AT THE COLOR OF THE SKY AND, AND, AND THE GROUND AS THE COLORS THAT ARE GONNA BE IN THIS, IN THIS FACADE. UM, THIS WOULD BE THE BACK VIEW. UM, THIS, THIS IS THE, THE WALL THAT BECAUSE WE ARE RIGHT SIDE BY SIDE WITH A BUILDING THAT COULD BE BUILT TO THE SAME HEIGHT, WE'RE NOT ALLOWED TO HAVE WINDOWS ON THIS WALL BY CODE. SO THERE'S, THE QUESTION IS AS TO WHAT SHOULD IT BE? UM, WHAT WE ARE PROPOSING WITH THE SKIN OF OUR BUILDING IS A MATERIAL THAT HAS A NATURAL GRADIENT TO IT. SO INSTEAD OF IT BEING A BIG SOLID WALL, YOU HAVE SOMETHING THAT HAS SOME, SOME MOVEMENT, SOME TEXTURE. AND, UM, AND AGAIN, IT'S NOT SOMETHING THAT IS IN THE REALM OF ALSO OF PUBLIC CAR OR AN ART MURAL, WHICH WOULD BE A COMPLETELY DIFFERENT WORKFLOW TO, TO, TO APPROVE AS WELL. AND IT WOULD BE PROBLEMATIC BECAUSE IT'S TOO BIG FOR THAT. UM, THE, LET'S SEE, YOU GO BACK TO THIS. YEAH. SO REGARDING PARKING, WE HAVE OUR TRAFFIC ENGINEER HERE AND HE CAN ANSWER ANY SPECIFIC QUESTIONS. BUT ROGELIO ACTUALLY SUCCINCTLY MENTIONED EXACTLY THE SITUATION. WE'RE NOT REQUIRED TO PROVIDE PARKING, BUT WE'RE IN A GOOD SITUATION BECAUSE THERE'S A TON OF PARKING ON ABBOTT. AND WE PLAN TO, YOU KNOW, ABIDE BY THE CODE AND REQUIREMENTS THAT ARE, YOU KNOW, WITHIN THEIR, THAT PRETTY MUCH CONCLUDES OUR PRESENTATION. I DON'T KNOW IF YOU ALL HAD SPECIFIC QUESTIONS, AND WE'D LIKE TO TURN OVER THE REST OF OUR TIME TO THE BOARD AND RESERVE OUR RIGHT FOR REBUTTAL. THANK YOU. ANY COMMENTS? UH, ROGELIO OR STEVE FROM PUBLIC? WE DO HAVE A HAND RAISED. IT'S, UH, CARLOS [01:30:01] PERA. CARLOS, ARE YOU THERE? I'M HERE. OKAY. BEFORE YOU ADDRESS THE BOARD, I JUST NEED TO SWAY YOU IN. UM, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH AND THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? UH, YES, I DO. OKAY. AND I'M GONNA GIVE YOU TWO MINUTES TO ADDRESS THE BOARD. . YES. GOOD MORNING, EVERYONE. UM, I AM RESIDENT OF 4 0 1 60 NINTH STREET, UH, UH, RIGHT, UH, ACROSS STREET FROM THIS PROJECT, UH, ABOUT 50 FEET AWAY, UH, FROM THE SIDE OF OUR BUILDING. UM, OUR ASSOCIATION HAD SENT A LETTER OF STRONG OPPOSITION TO THIS PROJECT, TO, UM, TO ALL THE MEMBERS OF THE BOARD. UM, AND I'M JUST GONNA ADDRESS, UM, SOME OF THE ISSUES WHY, UH, WE OPPOSE, UH, THE PROJECT, UM, IN TERMS OF, OF CONTEXT THAT 6,900 BLOCK OF, OF AABA AVENUE HAS THREE, UM, HIGH RISE PROJECTS HAPPENING AS WE SPEAK, THAT ARE GOING TO RESULT IN 400 UNITS OF APARTMENTS, CONDOMINIUMS, AIRBNB, UM, AND, UH, HAVE CREATED A MASSIVE AMOUNT OF OVERDEVELOPMENT ON THE BLOCK. UM, THIS PARTICULAR PROPOSAL FOR THIS HOTEL, UM, IS PROPOSING TO GO FROM 11, UH, ROOMS TO 48 ROOMS, WHICH IS A 400% INCREASE ON THE NUMBER OF ROOMS IN A VERY SMALL LOT WITHOUT A DRIVEWAY TO DROP OFF AND PICK UP GUESTS TO, UH, DROP OFF, UH, SUPPLIES, TO PICK UP TRASH AND WITH NO PARKING. UM, WE FEEL THAT, THAT, UH, THIS PRESENTS A BIG SAFETY ISSUE FOR HOTEL GUESTS, FOR, UM, PEDESTRIANS, FOR RESIDENTS, AS YOU WILL HAVE, UM, TO USE, UM, ALBERT AVENUE, WHICH IS ONE OF THE MAIN, UH, OR THE MAIN, UH, NORTH SOUTH, UH, ROAD, UM, CROSSING THE NEIGHBORHOOD. AND YOU WILL CONSTANTLY BE BLOCKING THE, UH, EAST SIDE LANE. UM, THERE'S A, THERE'S A PARKING, THERE'S A BUS STOP RIGHT ACROSS THE STREET THAT DOESN'T HAVE A BUS LINE LANE. UH, CONSEQUENTLY THE EAST SIDE LANE OF, UM, ALBERT AVENUE IS TAKEN UP BY THE BUS AND THE TROLLEY ON A REGULAR BASIS, REAL BUSY. SO I, UH, WE THINK THAT THIS IS GOING TO BE CREATED A BIG TRAFFIC PROBLEM AND, UH, AND A SAFETY ISSUE FOR PEOPLE IN THE NEIGHBORHOOD AND, AND, AND GUESTS IN GENERAL. MADAM CHAIR, WE'VE RECEIVED A TWO MINUTES. MAGGIE, GIVE THE SPEAKER MORE TIME. OKAY. YES, YOU CAN GO AHEAD ANOTHER TWO MINUTES. YES. I, I, I THINK, UH, I THINK THAT'S THE, THAT'S THE, UM, THE, THE HIGHLIGHTS OF THE REASONS WHY YOU, WE OPPOSE THIS DEVELOPMENT. UM, WE JUST CAN'T SEE HOW THIS COULD WORK ON THIS BLOCK THAT IS BEING SO DEVELOPED WITHOUT ANY, UM, UH, WITHOUT A DRIVEWAY DRIVEWAY AND WITHOUT PARKING. IT'S JUST, IT'S JUST NOT DOABLE, UM, UH, FOR SO MANY UNITS. THANK YOU. THANK YOU. MAYBE WE HAVE THE OPPORTUNITY TO REBUT YES, WE CAN DO THIS. YEAH, GO AHEAD. THANK YOU. WELL, FIRST I WANNA SAY THANK YOU TO CARLOS. WE HAVE THE OPPORTUNITY TO MEET WITH HIM AND THE PRESIDENT OF 4 0 1 BLUE YESTERDAY, AND WE ARE COMMITTED TO BEING GOOD NEIGHBORS. ULTIMATELY, WE UNDERSTAND HIS CONCERNS AND WE EMPATHIZE WITH HIM BECAUSE IT IS A LARGE IMPACT TO EXPERIENCE THAT TRANSITION FIRSTHAND. SO THAT'S OUR FIRST RESPONSE. SECONDLY, WE WOULD LIKE TO CLARIFY ON THE RECORD FROM OUR TRAFFIC ENGINEER REGARDING SOME OF THE ASSERTIONS MADE ABOUT TRAFFIC CAPACITY, DRIVEWAYS, ET CETERA. HI, UH, GOOD MORNING EVERYONE. UM, ARIEL CENTURIAN WITH KIMLEY HORN OFFICES AT TULUM PLAZA. UM, SO I'LL SPEAK TO SOME OF THE CONCERNS THAT, UH, CARLOS SHARED RIGHT NOW. UM, THE FIRST BEING THE LACK OF A DRIVEWAY FOR THIS SITE. UH, GIVEN THE NARROW WIDTH OF THE SITE AND THE DEDICATION TO THE 10 FOOT PEDESTRIAN POEO TO THE NORTH SIDE OF THE SITE, UM, THE SITE ENDS UP BEING TOO NARROW TO PROVIDE A DRIVEWAY. VEHICLES WOULDN'T BE ABLE TO, UH, MAKE A U-TURN WITHIN THE SITE TO ENTER AND EXIT. UM, IN REGARDS TO THE TRAFFIC BEING GENERATED BY THE PROPOSED HOTEL, UH, THE HOTEL IS A RELATIVELY LOW, UH, TRIP GENERATOR. UH, BASED ON OUR CALCULATIONS, THE INCREASE IN TRIPS WOULD LEAD TO ONE ADDITIONAL [01:35:01] TRIP EVERY FOUR MINUTES IN THE AM PEAK HOUR AND IN THE PM PEAK HOUR, UH, WE'D SEE AN ADDITIONAL TRIP EVERY THREE MINUTES. SO DESPITE THE INCREASE IN THE NUMBER OF ROOMS, THE NUMBER OF, UH, ULAR TRIPS BEING GENERATED BY THE SITE, UH, WOULD NOT BE, UH, AS IMPACTFUL. UM, IN REGARDS TO POTENTIAL LANE BLOCKAGES ON ABBOTT AVENUE, UM, IT'S TRUE THAT THE, UH, BUS STOP ON THE WEST SIDE OF ABBOT AVENUE DOES NOT HAVE A BUS BAY. UH, FORTUNATELY FOR THE, OUR SITE, UH, WE DO HAVE THAT ON STREET LOADING AREA THAT EXISTS TODAY. SO BOTH, UH, PASSENGER VEHICLES AND LOADING VEHICLES WOULD BE ABLE TO UTILIZE THAT TO AVOID BLOCKING THAT EASTERN MOST TRAVEL LANE ON ABBOTT. UM, THAT LOADING AREA WOULD BE ABLE TO ACCOMMODATE UP TO TWO PASSENGER VEHICLES OR LOADING VEHICLE AND A PASSENGER VEHICLE WHILE STILL BEING WITHIN THE LOADING AREA AND AVOID OBSTRUCTING THAT TRAVEL LANE. THANK YOU, MADAM CHAIR. UM, I, WE, WE HAVE SOME CONDITIONS OF APPROVAL THAT WERE PROVIDED TO US BY THE TRANSPORTATION DEPARTMENT. UNFORTUNATELY, WE DIDN'T GET THEM INTO THE DRAFT ORDER. WE WOULD LIKE THEM INCORPORATED. AND IF, IF YOU DON'T MIND SURE. UH, FOR ME TO READ 'EM INTO THE RECORD. GO AHEAD. UM, SO THE CONDITIONS OF APPROVAL, NUMBER ONE, ALL DELIVERY LOADING AND PICKUP DROP OFF OPERATIONS MUST UTILIZE THE LOADING AREA AND MAY NOT OBSTRUCT THE PUBLIC RIGHT OF WAY AT ANY TIME. PER THE CITY OF MIAMI BEACH TRANSPORTATION AND MOBILITY DEPARTMENT DIRECTOR AND PARKING DEPARTMENT DIRECTOR, THE APPLICANT MUST PROVIDE AN OFFSITE PARKING AGREEMENT STATING PARKING SPACES ARE AVAILABLE WITH A PRIVATE PARKING ENTITY IN NORTH BEACH TO SERVE THE PROPOSED DEVELOPMENT AND PROVIDE THE AGREEMENT FOR REVIEW AND APPROVAL TO THE CITY OF MIAMI BEACH, TRANSPORTATION AND MOBILITY AND PARKING DEPARTMENTS. AND NUMBER THREE, UH, THE APPLICANT SHALL COORDINATE WITH THE CITY OF MIAMI BEACH TRANSPORTATION AND MOBILITY DEPARTMENT TO IMPLEMENT AN ACCEPTABLE TRANSPORTATION DEMAND MANAGEMENT IMPLEMENTATION PLAN PER THE TDM STRATEGIES OUTLINED IN THE MOST RECENT TRAFFIC IMPACT ANALYSIS DATED JUNE 19TH, 2025, PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. SO THOSE ARE THREE, UM, CONDITIONS PROVIDED TO, TO US BY, BY THE TRANSPORTATION DEPARTMENT PERMISSION TO, SO, EXCUSE ME. SO THE FIRST ONE IS LOADING. MUST BE USED AT ALL TIMES. THEY CANNOT BLOCK THE STREET. THE SECOND IS THEY HAVE TO ENTER INTO A PARKING AGREEMENT. MM-HMM . UH, FOR OFFSITE PARKING BY THEIR GUESTS. AND WHAT WAS THE THIRD ONE AGAIN? THE COORDINATE WITH THE CITY, UM, TO ESTABLISH A TRANSPORTATION DEMAND MANAGEMENT IMPLEMENTATION PLAN THAT WOULD BE, UM, UH, OP OPPORTUNITIES TO REDUCE TRAFFIC IMPACTS. SO, UM, ENCOURAGE EMPLOYEES TO BIKE TO THE FACILITY RATHER THAN DRIVE, AND THEN PROVIDE MAYBE SHOWERS WHERE THEY CAN WASH UP AND THEN GO TO WORK, UH, PROVIDE OP OPTIONS WHERE EMPLOYEES GET BUS PASSES TO ENCOURAGE THEM TO USE PUBLIC TRANSPORTATION RATHER THAN DRIVE TO THE SITE. MM-HMM . THINGS LIKE THAT. SO, OR, OR WOULD TYPICALLY GO INTO A TDM STRATEGY PLAN. THANK YOU. REMISSION TO ADDRESS THE BOARD? YES. UH, SO WE HAVE BEEN WORKING WITH GRANT AND THE TRANSPORTATION DEPARTMENT SINCE 2023. UM, WE OBJECTED TO CONDITION TWO WHEN IT WAS PROPOSED, UH, RELATIVELY RECENTLY, BE ON THE BASIS THAT TCC DOES NOT REQUIRE PARKING. SO TO REQUIRE US TO EXECUTE AN OFFSITE PARKING AGREEMENT WHEN WE ARE NOT REQUIRED TO PROVIDE PARKING, GOES AGAINST THIS PURPOSE AND THE SPIRIT OF THE REGULATIONS. IT ALSO IMPOSES AN ADDITIONAL BURDEN ON US TO, YOU KNOW, THEN GO TO THIS PERSON, DRAFT THIS AGREEMENTS ADDITIONAL COSTS. AND IT, WE REALLY FELT LIKE IT WAS INAPPROPRIATE GIVEN HOW LOW OUR VEHICLE DEMAND AND TRIP GENERATION IS. I HAVE OUR TRAFFIC ENGINEER HERE WHO CAN SPEAK MORE TO THE INAPPROPRIATENESS OF THE OFFSITE PARKING AGREEMENT AND WHERE IT'S TYPICALLY USED IN OUR EXPERIENCE WITH PRIVATE DEVELOPMENT, BUT THAT IS SOMETHING THAT WE WERE NOT ABLE TO HASH OUT WITH THE TRANSPORTATION DEPARTMENT BECAUSE THEY WERE AWAY FROM OFFICE WHEN WE REACHED OUT TO THEM. WE DID REGISTER OUR OBJECTION TO CONDITION NUMBER TWO IN WRITING AT THE TIME THAT IT WAS PROPOSED. UM, ROGELIO, IN REFERENCE TO THIS PARKING AGREEMENT, WHERE ARE THERE PUBLIC PARKING LOTS WHERE THEY CAN ENTER INTO AN AGREEMENT WITH THE CITY? THERE MAY BE SOME PRIVATE PARKING LOTS, BUT WHERE ARE THEY IN RELATIONSHIP TO THIS LOCATION? AT 69 45 ABBOTT, THERE'S A DIAGRAM. UM, THERE'S A SMALL ONE ON THERE ARE SMALL 71ST, UH, NEXT TO PRIMA PASTA. THERE'S ONE NEXT TO PRIMA PASTA. I BELIEVE THERE'S ONE NEXT TO, THERE'S A CITIBANK SITE ON, UM, ON, UM, ON 69TH. I BELIEVE THERE'S A PUBLIC LOT THERE. UM, THE, THE LOT ON 72ND STREET WILL BE UNDERGOING CONSTRUCTION SOON, SO I'M SURE THAT'S GONNA GO OFFLINE. UH, BUT THEN IT'LL COME BACK ONLINE. UM, SO I, I THINK THE INTENT OF THIS REQUIREMENT IS NOT THAT THEY PROVIDE A SIGNIFICANT AMOUNT, I THINK IT'S PRIMARILY [01:40:01] INTENDED FOR, UM, EMPLOYEE PARKING. SO IT, IT'S NOT RIGID IN TERMS OF THE NUMBER OF SPACES THAT THEY NEED TO PROVIDE. UM, IT'S FLEXIBLE IN THAT MANNER, BUT I THINK THE, THE TRANSPORTATION DEPARTMENT WANTS THERE TO BE SOME AVAILABILITY OF PARKING, NOT NECESSARILY THE FULL AMOUNT THAT A HOTEL WOULD TYPICALLY REQUIRE. UM, SO JUST FOOD FOR THOUGHT. LET ME JUST OPEN IT UP. UH MM-HMM . IS THERE ANY COMMENTS OTHER FROM THE PUBLIC OR JUST THE ONE GENTLEMAN THAT SPOKE, JUST THE ONE GENTLEMAN THAT SPOKE HIS HAND IS STILL RAISED. I DON'T KNOW IF HE HAS MORE TO SAY, IF YOU WANT HIM TO SPEAK OR, YES. LET HIM, UH, MR. PERZA, IF YOU WANNA SPEAK AGAIN. OH, WE DO HAVE ANOTHER HAND RAISED, UH, AS WELL, THE OTHER HAND. YEAH, I JUST, I I WANTED TO, UM, I WANTED TO ADDRESS, UH, THE RESPONSES FROM, FROM, UM, FROM THE ENGINEER, I GUESS. UM, I UNDERSTAND THAT, THAT THIS IS A SMALL LOT AND THAT'S PRECISELY WHY, UH, HOTEL OF THIS SIZE SHOULD NOT BE IN A SMALL LOT. I UNDERSTAND THAT THE FRONT TOUCH OF THE LOT IS ABOUT 50 FEET. AND, UM, I, UH, WE FEEL STRONGLY THAT THERE, IF THERE IS NO WAY TO PUT A DRIVEWAY THERE, THEN THE HOTEL THIS SIDE SHOULD NOT BE THERE. UM, THE PROPOSED PARCEL SALE, ALTHOUGH IT WAS PART OF THE, OF THE, UM, I GUESS THE, THE VISION OF THE, UM, TOWN CENTER NEIGHBORHOOD, UM, IS BASICALLY AN ALLEYWAY THAT DEAD ENDS, UH, AT A HUNDRED FEET BECAUSE THERE IS NO, UM, THERE'S NO NO EXIT ON THE, ON HARDING AVENUE, WHICH IS THE NEXT STREET. AND, AND THIS PROPOSED PARCEL SALE, AS I SEE IT, IS GOING TO BECOME, UM, HOW THEY GET THE TRASH OUT OF THE BACK OF THE HOTEL TO, UM, ABU AVENUE. AND IT ACTUALLY MAY BECOME, UH, MORE OF A NUISANCE THAN, THAN ANYTHING ELSE. SO MAYBE, MAYBE ONE OPTION IS TO ELIMINATE THIS PA SALE SO YOU CAN ACTUALLY PUT A DRIVEWAY AND NOT, UM, AND NOT CREATE MORE TRAFFIC AND SAFETY ISSUES. UM, ALSO, THOSE TWO, THOSE TWO, UH, LOADING SPOTS ARE NOT, THEY DON'T COME AS A RIGHT TO, TO THIS PROPOSED DEVELOPMENT. THEY, THEY'VE BEEN THERE FOR AN 11 UNIT ROOM HOTEL, WHICH WORKS FINE FOR 11 ROOMS, BUT IT WILL NEVER, EVER BE ENOUGH FOR 48 ROOMS, PLUS EMPLOYEES, PLUS TRASH, PLUS SUPPLIES, PLUS COFFEE SHOP A RESTAURANT OR WHATEVER THEY PUT IN THERE. IT JUST, IT'S JUST NOT ENOUGH. SO THAT, THOSE ARE A COUPLE OF THOUGHTS HERE. IMPORTANT, I THINK. THANK YOU. THANK YOU. OKAY. OKAY. WE CAN TURN IT. OH, MS. MS. HERMAN LOWERED HER HANDS SO THERE'S NO MORE PUBLIC, NO MORE PUBLIC. NO MORE. OKAY. UM, I'LL OPEN IT NOW TO THE BOARD. UM, OH, IT CAME BACK. CAME BACK. OKAY. UH, BEATRICE HERMAN, MS. HERMAN, YOU'RE, YOU'RE MUTED. IF YOU COULD UNMUTE, PLEASE. OKAY. THERE WE GO. OKAY. GOOD MORNING. UM, MS. HERMAN, BEFORE YOU START, I NEED TO SWAY YOU IN, BEFORE YOU ADDRESS THE BOARD, DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I DO. OKAY. I'M GONNA SET THE CLOCK FOR TWO MINUTES FOR YOU TO ADDRESS THE BOARD, OKAY? OKAY. I AGREE A HUNDRED PERCENT WITH THE PREVIOUS SPEAKER SAID, I LIVE HALF A LESS THAN HALF A BLOCK FROM THE, THIS HOTEL. THE AMOUNT OF TRAFFIC THAT THEY'RE GOING TO ADD TO ABBOTT WILL BE INSANE, AND I DON'T THINK YOU SHOULD ALLOW THEM TO DO THAT. THERE IS NO WAY, THERE IS ONLY TWO PARKING SPACES IN FRONT OF, IN THE, IN ABBOT FOR ANYBODY TO PARK. THERE IS NO PARK PRIVATE PARKING THAT THEY CAN USE ON 69TH STREET. LIKE THE PERSON FROM THE HOTEL SAY, NO, THERE IS NO PARKING IN 69TH STREET AT ALL. AND IF THEY GOING TO PARK IN THE PUBLIC PARKING, THEY BETTER HAVE, UM, SOMEBODY TO TAKE THEM THERE. SOME, SOME PEOPLE FROM THE HOTEL OR WHATEVER. BUT STILL, JUST IF YOU, I DON'T KNOW IF YOU GUYS HAVE EVER BEEN THERE. PLEASE, I URGE YOU TO GO AND SEE WHAT THEY'RE ASKING YOU. GO, I'M A, I'M A, I'M A PERSON WHO'S GOING TO COME TO THAT HOTEL AND THE, AND THE UBER OR THE TAXI, OR I'M DRIVING THE CAR. I'M [01:45:01] GOING TO STOP IN FRONT OF THERE BECAUSE I CAN'T, THERE IS NO WAY TO GO INSIDE TO GET MY LUGGAGE OUT OR TO ME TO, TO GET OUT. IN THE MEANTIME, THE PEOPLE THAT ARE DRIVING ON ABBO HAVE TO STOP, AND IT'S GOING TO CREATE MORE TRAFFIC THAN WE HAVE. SO I URGE YOU, PLEASE DO NOT ACCEPT THIS PROPOSAL. WE HAVE SENT YOU A LETTER, UH, TO THE, ON THAT BEHALF, OUR PRESIDENT SEND YOU A LETTER ON, ON, ON THE, ON OUR BEHALF. WE HAVE 208 UNITS IN THIS APARTMENT, IN THIS BUILDING THAT WE OPPOSE TO THAT A HUNDRED PERCENT. AND YOU, YOU, AND WE HAVE ALSO CONTRACTIONS, THREE CONSTRUCTIONS AROUND TO ACTIVATE TO THE TRAFFICKING HERE WOULD BE SAME. THANK YOU. THANK YOU. UM, NOW WE CAN START WITH COMMENTS FROM THE BOARD, RIGHT? WE WOULD NO MORE, NO MORE PUBLIC COMMENT. OKAY. UM, WHILE OUR CHAIR GETS READY FOR THIS MEETING, WE WILL CONTINUE. WE WILL OPEN. UM, DOES ANY BOARD MEMBER HAVE ANY COMMENTS OR QUESTIONS CONCERNING THE PROJECT? WHO WOULD LIKE TO BEGIN? OKAY, GO AHEAD. JUST IN REGARDS TO THE DESIGN ITSELF, A QUESTION ABOUT THE PERFORATED METAL, UH, IF YOU CAN ALL PUT UP THE DESIGN AGAIN AND THE LOCATION OF THE PROPOSED HOTEL IN RELATIONSHIP TO THE ENTIRE CITY, THAT WOULD ALSO BE GOOD FOR LATER ON. OKAY. IT SEEMS TO HAVE, OR WHOEVER , UM, IT SEEMS TO HAVE A VERY INDUSTRIAL LOOK TO IT. IS THAT THE REASON WHY YOU CHOSE TO HAVE THAT INDUSTRIAL LOOK FOR A, THE HOTEL IN THIS LOCATION? INDUSTRIAL, THE, YOU MEAN THE PERIPHERAL METAL? HI. UM, NO, IT'S NOT INDUSTRIAL. WE, WE THINK THAT WITH, UH, WITH THE COLORS AND THE ARTICULATION AND THE SHAPES, IT'S, I MEAN, IT'S A, IT'S A, THERE'S A METAL MATERIAL THAT GETS USED ALL THE TIME ON, ON, ON, ON HIGH QUALITY FACADES. LIKE, OH, OKAY. BUT, SO IT'S, IT'S, IT'S MEANT TO BE A MATERIAL THAT IS A LITTLE BIT, UH, LIVELY. I SEE. IT'S SO, IT'S EASY TO SHAPE. OTHER MATERIALS ARE DIFFICULT, ARE HARDER TO MAKE, LIKE UNDULATIONS OUT OF, OR ROUND CORNERS OR SOFTWARE SHAPES. SO IF YOU, TO MAKE THAT OUT OF SAY, LIKE MASONRY OR, OR CONCRETE IS A LOT MORE, UH, COST INEFFECTIVE AND ALSO A LOT HARDER. SO THAT'S THE REASON WHY THE, CAN YOU PUT UP THE, UH, UH, PHOTOGRAPH FOR THE PUBLIC AND FOR THE BOARD OF THE ENTIRE, UH, FACADE? THE FRONT FACADE OF THE BUILDING? YEAH. THIS ONE, SO THIS IS ALL METAL CLAD IN THE FRONT. IT'S LIKE A PERFORATED, IT'S LIKE A PERFORATED METAL CLADDING. SO IT WOULD BE, IT WOULD BE LIKE TRANSLUCENT. SO IT'S LIKE A, A SEE-THROUGH MATERIAL. SO IT'S, IF YOU HAVE, UH, YOU KNOW, UH, IMAGINE A SHEET OF PAPER THAT'S PERFORATED THAT YOU CAN SEE PARTIALLY THROUGH THAT, THE LIGHT GOES THROUGH THAT IT'S A LITTLE BIT, UH, INCREASE THE SOFTNESS TO IT. SO AGAIN, THE IDEA IS TO MAKE WHAT WOULD BE A, AN ANGULAR SHAPE, BE A LITTLE BIT SOFTER WITH COLORS, WITH PERFORATIONS, WITH LIGHT. SO THAT'S, THAT'S IT. THAT'S THE INTENT OF IT. AND IS IT PAINTED, IS IT PATINA AND IS THERE A CURTAIN WALL BEHIND IT? HOW IS IT? IT'S TYPICALLY LIKE, UH, THE WAY THAT IT'S, IT'S PRINTED, SO IT WOULD BE, IT WOULD BE PRINTED LIKE A, LIKE A T-SHIRT. SO IT, IT'S A MATERIAL THAT GETS SHAPED IN A SHOP. IT WOULD THEN, IT, IT GOES TO A, TO A TO ANOTHER MACHINE THAT WOULD PAINT THE PIECE OF THE PATTERN THAT YOU ARE ASSIGNING TO IT WITH A COMPUTER. AND SO WHEN ON EACH PIECE GETS DONE THE SAME WAY, THEY GET NUMBERED, SO THEY GET PLACED IN THE RIGHT ORDER. IT'S LIKE A PUZZLE. AND IS IT, IS IT A REGULAR DIAMETER HOLE PERFORATION? THAT THAT'S NO, I UNDERSTAND THE MATERIAL. YEAH. I'M JUST WONDERING, IS THERE A, DO WE HAVE A PICTURE OF THE, THE IMAGE THAT'S APPLIED TO IT? OR IS IT JUST A PATTERN? UM, WE CAN GIVE YOU A SAMPLE IF, IF YOU NEED, UH, IF YOU WOULD LIKE TO SEE THAT AT SOME POINT. PROBABLY. YEAH. I'M JUST TRYING TO EXPLAIN THAT BOARD WHAT IT IS. AND THEN YOU HAVE A CURTAIN WALL BEHIND, OR DO YOU HAVE A A STUCCO WITH WITH, YEAH, IT WOULD BE LIKE A MAYBE. SO YOU CAN ADDRESS THAT. NO, YEAH, THERE, THERE'S A, IT'S ALL GLAZED BEHIND IT. SO IT'S, THE IDEA IS THAT HAS A QUITE A BIT OF DIMENSION. SO WE HAVE THE BALCONIES, AND THEN BEHIND THAT IS THE CURTAIN WALLS, THE WINDOWS THAT OPEN UP INTO THE UNITS, RIGHT? BECAUSE IT'S A SMALL SITE, IF YOU HAD YOUR HARD SURFACES PRESSED UP AGAINST THE LIMITS, YOU HAVE A HARD SHAPE. SO WHAT WE'RE TRYING TO CREATE IS ALMOST LIKE A, YOU KNOW, WHEN YOU HAVE LIKE A NUMBER OF CURTAINS IN FRONT OF A WINDOW, YOU HAVE YOUR SHEER CURTAIN, YOU HAVE YOUR BLACKOUT, YOU HAVE YOUR, THERE'S A LAYERED, UH, THING. [01:50:01] SO YOU CREATE A LITTLE BIT MORE MOVEMENT IN WHAT IS OTHERWISE, UH, A HARDER SHAPE. SO THE INTENT IS TO SOFTEN THE, THE SHAPE. SO THIS PERFORATED METAL FACADE WOULD BE IN FRONT OF THE BALCONIES AS WELL AS REFLECTED HERE. YEAH. DO YOU HAVE SAMPLES OF THE, UH, FACADES THAT YOU'RE PROPOSING? THE MATERIALS? MAYBE WE CAN BRING, I, I THINK, UH, MAYBE, UH, TO HELP EVERYBODY, WE COULD PROBABLY BRING LIKE A, LIKE A 3D PRINT, LIKE SCALED VERSION OF IT SO THAT YOU CAN SEE THE LA THE LAYERING AND THE, AND THE, THE THINGS. ALSO IT WOULD DO AWAY WITH REFLECTION, BECAUSE THIS WOULD BE A MAT, UH, THING. SO YOU WOULDN'T SEE REFLECTIONS FROM GLASS OR FROM, FROM THINGS. UM, BUT WE COULD PROBABLY PROVIDE YOU A, A, A MUCH MORE DETAILED TECHNICAL, UH, VERSION OF WHAT WE'RE PROPOSING. OKAY. AND THEN ONE MORE QUESTION. YES. ON THE NORTH ELEVATION, IN THE PASEO YES. WALK RATE, DID YOU SAY THAT THERE'S GONNA BE A MURALS STUCCO, OR IS IT MORE DETAILED THAN JUST A STUCCO, OR IS IT JUST A BLACK WALL IN THEIL ITSELF? YEAH. UM, SO WHAT, WHAT WE'RE PROPOSING IN THE PASO ITSELF, AND WE CAN TALK, LOOK AT THIS, BE MORE, UM, IT'S MORE LIKE AGAIN, WE, WE, BECAUSE WE HAVE, UM, IT WOULD BE WHAT YOU SEE IN, IN THESE WALLS THAT GET, IT COULD EITHER BE PLANTED OR, OR AGAIN, THEY COULD BE SURFACES THAT ARE A LITTLE BIT MORE ORGANIC. LIKE, LIKE, LIKE STONE. STONE. SO IT WOULD BE A STONE FISH NOT STUCK UP. YEAH. THE STONE THAT WE SEE HERE TO THE LEFT. RIGHT. SO IT COULD BE LIKE, UH, LIKE A TYPE OF CORAL STONE OR, OR SOMETHING. IT'LL BE TEXTURED. SO IT WOULD BE LIKE AN ORGANIC, IRREGULAR NATURAL TEXTURE. OKAY. AND THEN, AND THEN ABOVE ON THE, ON THE UNITS ABOVE, IT'S ALSO BALCONIES ONTO THE EO. RIGHT. SO HAVE YOU THE SAME TREATMENT AS THIS, THERE'S BALCONIES ONTO THE EO? YES. OKAY. THIS DOESN'T SHOW IT, IT JUST SHOWS A TOP WALL IN THE, THERE SHOULD BE A NORTH ELEVATION. DO YOU HAVE THAT IN YOUR PRESENTATION? YEAH, WE'LL FIND IT. THE, THE CORE, THE PERFORATED METAL WRAPS AROUND THE, THE THREE SIDES. CORRECT. THERE'S, THERE'S BALCONIES I ASSUME ON THE, ON THE AS WELL. IF YOU GO BACK ONE, I HAD THE SEE IN THE PLANTS GO BACK TO GO BACK TO WHAT YOU WERE JUST, UH, THE OTHER ONE, THE OTHER SIDE. SORRY. OH, OTHER ONE? YEAH, GO THERE. THERE. YEAH. SO YOU COULD SEE THERE'S THE EO FACADE THERE WITH THE CUTOUTS OF THE BALCONIES ON. UM, OKAY. THE SIDE ON THAT. OKAY. THANK YOU. LAST QUESTION. IF YOU COULD GO BACK ONE MORE, ONE MORE BACK OR BACK. . YEAH, THAT ONE. THIS ONE. THE TOP RIGHT PHOTO. OKAY. SINCE THERE'S BEEN A LOT OF CONCERNS ABOUT TRAFFIC AND CAR QUEING. YEAH. IS THERE A WAY YOU COULD, HAVE YOU LOOKED INTO CREATING THAT PEDESTRIAN WALKWAY INTO A CAR LOADING ZONE FOR WELL, WE'RE NOT ALLOWED. THE CODE WOULD PRO THE CODE. THE CODE PROHIBITS THE POEO TO BE USED FOR VEHICLE PURPOSES. ANYTHING ON OTHER, OTHER THAN PEDESTRIAN WALKWAYS. OKAY. AND LIKE THE, YOU KNOW, LIKE MISS, UH, TRAFFIC ENGINEER FROM KIMBERLY HARD SAID IT'S, IT WOULD BE LIKE A WAY IN AND BACKING OUT THE ONE AROUND FOR IT. YEAH. WHERE DOES THE EO LEAD TO? IT STARTS ON ABBOTT. AND WHERE DOES IT END? I THINK THE IDEA OF THE EO FOR, FROM THE CITY'S PERSPECTIVE IS THAT IF THERE'S A FUTURE DEVELOPMENT ON THE HARDING SIDE, THEN THEY WOULD HAVE TO ALSO PROVIDE, CONTINUE IT. RIGHT? SO WE'RE, WE'RE IN A DEAD END SITUATION BASED ON DEVELOPMENT. MM-HMM . SO ALL THE EOS LINK UP ALL THE WAY TO COLLINS. SO THE IDEA IS THAT ALL THE SITES GET INTERLINKED BY THESE PEDESTRIAN, UH, COURTYARDS, OPEN COURTYARDS, AND, AND, AND, UH, PUBLIC FACING, LIKE PEDESTRIAN AMENITIES. LIKE HOW WIDE IS THE EO? 10 FEET EACH, EACH PROPERTY IS SUPPOSED TO GIVE 10 FEET. SO THE PROPERTY TO THE NORTH WILL HAVE TO GIVE A 10 FEET AS WELL FOR, SO IT'LL BE A TOTAL OF 20. SO THEY'RE GIVING 10 FEET. RIGHT. AND THAT'S WHY THEY GET REDUCED TO 55 FEET IN WIDTH. MM-HMM . OKAY. RIGHT. SO WE HAVE 10 FEET, BUT ALSO, AS YOU CAN SEE IN THE SITE PLAN, WE'VE CARVED MORE OF THE GROUND FLOOR AS WELL TO CONNECT TO IT. SO THAT EXTERIOR PLAZA, THAT THAT FACADE THAT FALLS IN, KIND OF ADDS TO THAT 10 FEET. SO SINCE WE'RE, THAT'S WHAT WE'RE ALLOWED TO DO, UM, WE TRY TO MAXIMIZE THE PEDESTRIAN SIDE OF IT AS MUCH AS WE COULD. YEAH. WE WERE, THE, THE BLOCK ADJACENT BETWEEN ABBO AND BYRON ALREADY HAS THE FULL POEO APPROVED. UM, SO WE'RE, SO WE'LL HAVE A BLOCK AND A HALF COMPLETE, UM, ONCE THE, ONCE BOTH SIDES ARE BUILT. MM-HMM . OKAY. WHO ELSE WOULD LIKE TO SPEAK? I'M NOT SURE. UM, WHERE, WHERE I HAVE DIFFICULTIES UNDERSTANDING IS THAT YOU'RE GOING FROM 11 ROOMS TO 48 AND PARKING IS AN EVEN TAKING INTO CONSIDERATION, AND YOU WANT US TO WAVE IT. [01:55:02] AND THE PARKING'S NOT REQUIRED. IT'S NOT REQUIRED. AND THAT'S A PROBLEM BECAUSE AS YOU LIVE THERE AND YOU DRIVE THROUGH THERE, AND THEN YOU'RE GONNA HAVE NOW ALL THIS MORE ACTION HAPPENING IN THAT IT'S JUST GONNA CREATE MORE HAVOC. UM, AND I'M NOT DONE YET. OKAY. NO PROBLEM. PLEASE. THANK YOU. WITH THAT DO, WITH THAT SAID, RIGHT NOW, THERE IS TRAFFIC GALORE IN THAT AREA, AND WHAT YOU'RE GONNA CREATE IS MORE HAVOC BECAUSE YOU'RE NOT EVEN CONSIDERING DOING A LITTLE DRIVEWAY BECAUSE YOU CAN'T DO IT BECAUSE IT CAN'T CREATE A U-TURN. SO MY CONCERN'S REALLY PARKING OR REALLY A LOADING AREA FOR YOU GUYS. THAT'S MY CONCERN. WE DON'T NEED MORE TRAFFIC IN NORTH BEACH. WE ALREADY HAVE PLENTY, AND WE'RE GONNA GET PLENTY MORE IN THE FUTURE WITH ALL THESE FUTURE DEVELOPMENTS. SO THIS IS NOT MORE OF A, A, A QUESTION OR ANYTHING. IT'S REALLY MORE OF A, A VOICING MY CONCERN IN THIS AREA. MIAMI BEACH ONLY WORRIES ABOUT BUILDING, BUILDING, BUILDING AND PARKING. NOTHING. YOU GUYS DON'T WANT, YOU KNOW, METRO RAIL TO COME OVER HERE. YOU DON'T WANT THIS, YOU DON'T WANT THAT. YOU WANT BUSES AND YOU WANT ALL THIS CREATES MORE TRAFFIC. I'M TELLING YOU, YOU SHOULD HAVE A LANE, AT LEAST FOR YOUR, FOR YOUR, UM, OFFLOADING OR YOUR, YOUR, YOUR, YOUR GUEST ARRIVAL. YES. BECAUSE AT THIS POINT I'M GONNA THANK YOU. NEXT PERSON, NEXT BOARD MEMBER WOULD LIKE TO SPEAK. UM, CAN YOU TALK TO US ABOUT THE PROGRAM ON THE, THE GROUND LEVEL? I KNOW IT SAYS HOTEL LOBBY AND COMMERCIAL, IT'S ALL SHOWN AS ALL OPEN SPACE. ARE YOU PLANNING TO PROGRAM THAT AS THIRD PARTY SEPARATE? UM, AND WHERE THE HOTEL FACILITIES FOR, UH, MAINTENANCE AND THINGS LIKE THAT ARE LOCATED IN THE BUILDING? I, I JUST WAS CURIOUS ON HOW THAT IS ONLY BECAUSE OF THE IN AND OUT AND WHAT WE'RE DISCUSSING HERE. MOSTLY I TAKE THE MAINTENANCE PART FIRST. UM, YEAH, THE MAINTENANCE, I MEAN, ON EVERY FLOOR WE DO HAVE A, UH, MAID'S ROOM, SORT OF, UM MM-HMM . THAT WOULD ACCOMMODATE FOR THE UNITS. AND MY UNDERSTANDING IS THAT THERE WOULD BE OFFSITE LAUNDRY, UM, IN THOSE FACILITIES. THE GROUND FLOOR IS MEANT TO HAVE A CAFE, UM, SOMETHING SMALL, NOT NOTHING THAT'S GONNA GO INTO THE NIGHT. NOT, NOT NO RESTAURANT, MORE OF A CAFE, A DAYTIME CAFE THAT THE LOCAL RESIDENTS CAN USE. AND TRASH LOOKS LIKE IT'S GOING TO GO THROUGH THE EO, NOT THROUGH THE SIDE. OTHER, WELL, I GUESS IT'S NOT YOUR, YOUR LOT THERE. SO IT DOES HAVE TO GO THROUGH THE POEO. CORRECT. AND IF SOME PEDESTRIAN IS USING THE POEO FOR WHAT IT IS, THEY HAVE TO MOVE OUT SO THAT THE TRASH CAN COME IN. CORRECT. OKAY. THE, THE, THE TOWN CENTER REGULATIONS DO HAVE RESTRICTIONS BUILT IN ON HOURS FOR LOADING AND TRASH PICKUPS. LET ME, LET ME GO TO THAT, JUST SO THAT YOU'RE AWARE, RIGHT. WHICH ARE EARLY MORNING, LATE EVENING. IT'S, IT'S, IT'S INTENDED TO KEEP, UM, TRUCKS OUT OF RUSH HOUR AND LOADING TO NOT HAPPEN DURING RUSH HOUR. SO LET ME, I'M GOING TO THE CODE SECTION, BEEN A FEW YEARS SINCE WE WORKED ON 'EM. AND, UM, WHAT IS ADJACENT TO THE PASEO WHERE THE LOADING IS OCCURRING? ADJACENT IS A PROPERTY, UH, TWO. WHAT KIND OF PROPERTY? TWO STORY RESIDENTIAL PROPERTY. TWO STORY RESIDENTIAL. YEAH, IT'S AN APARTMENT. UH, APARTMENT. APARTMENT. MULTIFAMILY. YEAH. OKAY. . THANK YOU. AND THE SOUTH SIDE IS THE STORAGE? YEAH. SO THIS IS, THIS IS A, THIS IS PREVIOUSLY REZONED AND NOW COMING TO US WHERE WE'VE GOT A, A TALL BUILDING AND A, AND A LOWER RISE WITH OTHER TALL BUILDINGS COMING UP AND, AND A LOT OF LIMITATIONS THAT ARE COMING FORTH TO US WHERE YOU CAN'T REALLY HAVE A DROP OFF. CURB CUT. PLEASE SPEAK INTO THE MICROPHONE. HOP OFF. CURB MICRO IS YOUR MICROPHONE SHOULD BE UP. DOESN'T LOOK LIKE WE CAN HAVE A CURB CUT. LIKE YOU CAN'T HAVE THAT. YOU CAN'T USE THE EO. YEAH, IT'S, I WILL IF MY, I THINK OUR CHAIR IS NOW ABLE TO TAKE OVER, SO I'LL SPEAK AS A REGULAR BOARD MEMBER NOW AND EXPRESS MY CONCERN AND MY QUESTIONS. UM, ONE, I HAVE A CONCERN GOING FROM 11 UNITS TO 48 UNITS. I UNDERSTAND THE LIMITATIONS THAT ARE IN THAT AREA FROM VISITING THAT AREA WEEKLY. UM, AND LIMITATIONS AS FAR AS, [02:00:01] UM, CAPACITY FOR US TO PARK, UH, ABILITY FOR US TO PARK AS RESIDENTS, UM, FORGET EVEN GUESTS THAT ARE COMING OR CHORES THAT ARE COMING, BUT ALSO THE ABILITY TO EVEN GET FROM ONE STREET TO THE NEXT, UM, DURING REGULAR TIME AND DURING, UM, TRAFFIC, UM, TIME. SO I HAVE A CONCERN WITH THAT. I UNDERSTAND THAT YOU ALL HAVE THE ABILITY UNDER THE CODE TO GO FROM 11 TO 48 UNITS, BUT I THINK IN OUR HASTE OF IMPROVING THE NORTH BEACH AREA AS A CITY AND AS RESIDENTS, WE ENDED UP APPROVING SOMETHING THAT MAYBE NOT ALL OF US THAT VOTED UNDERSTOOD HOW MASSIVE OF AN INCREASE TO TRAFFIC AND CONGESTION THIS WAS GOING TO BRING. UM, ESPECIALLY WHEN NOW YOU'RE NOT REQUIRED TO HAVE PARKING. YOU HAVE 48 UNITS THAT COULD POTENTIALLY BRING A VEHICLE AND THERE REALLY IS NOWHERE TO PARK. YOU ALSO HAVE EMPLOYEES WHERE, LIKE MR. MADON SAID, YOU KNOW, THE PARKING DEPARTMENT IS ASKING TRANSPORTATION THAT YOU ENTER INTO AN AGREEMENT, WHICH YOU ALL ARE NOT IN AGREEMENT WITH. IT'S NOT SOMETHING THAT YOU FEEL YOU NEED TO DO, BUT THE FACT IS, THERE'S NOWHERE FOR THOSE EMPLOYEES TO PARK BECAUSE TAKING OVER THESE PUBLIC PARKING LOT THAT'S NEXT TO PRIMA PASTA THEN CREATES ANOTHER PROBLEM. NOT JUST FOR PRIMA PASTA, BUT FOR THE PEOPLE THAT ARE PATRONS OF PRIMA PASTA, UM, WHO ARE CURRENTLY NOW SOMETIMES PARKING TWO BLOCKS AWAY TO GET TO THAT RESTAURANT. SO PARKING IS A PROBLEM. YOU'RE INCREASING FROM 11 TO 48 WITH NO PARKING, NO DRIVEWAY TO BE ABLE TO ACCEPT AND PICK UP YOUR GUESTS. WHERE ARE THEY GONNA GET PICKED UP IN THE LOADING DOCK? UM, IF THAT'S WHERE THEY'RE GONNA GET PICKED UP, CARS ARE GONNA BACK UP AS THEY BRING A GUEST IF THERE'S LOADING OCCURRING ON THAT SITE AT, ON THOSE TWO SPACES AT THE MOMENT. ALRIGHT, AND I HAVE A QUESTION. ARE THOSE TWO LOADING DOCK SPACES, UM, CURRENTLY PARKING SPACES, OR ARE THEY CURRENTLY LOADING DOCK, I THINK IS WHAT I HEARD CURRENTLY LOADING. SO IN ORDER FOR THEM TO CONTINUE USING THEM AS LOADING DOCK, THEY HAVE TO PAY INTO THE PARKING DEPARTMENT? CORRECT. OKAY. AND THAT'S SOMETHING THAT THEY WILL DO. UM, THE BUS STOP WITHOUT A LANE TO BE ABLE TO DRIVE INTO, TO PICK UP AND DROP OFF, UM, IS ONLY GOING TO BLOCK TRAFFIC EVEN FURTHER. UM, THE SITE IS NARROW TO BEGIN WITH AND IT BECOMES EVEN MORE NARROW WHEN WE AS A CITY ASK THAT THERE BE A EO. AND IS IT MORE IMPORTANT TO HAVE A PER SALE OR MORE IMPORTANT TO HAVE A DRIVEWAY TO PICK UP AND DROP OFF GUESTS SO THAT THEY GET OFF THE STREET AND WE CAN HAVE TRANSPORTATION ACTUALLY CARS ACTUALLY MOVING AND NOT BACKING UP AND QUEUING ON ABBOTT AVENUE? THAT'S A QUESTION THAT'S BEYOND, I THINK THIS BOARD, IT'S A QUESTION MORE OF THE PLANNING DEPARTMENT AND MAYBE THE PLANNING BOARD TAKING A LOOK AT THIS BECAUSE IT DOES NOT WORK. UH, AND WE'VE ONLY STARTED, AND RIGHT NOW THIS AS IT AS IT IS PRESENTED WHILE THEY'RE MEETING ALL THE CODES THAT WE PROVIDED, I CAN TELL YOU AS A PERSON GOING THERE, A RESIDENT OF ONLY 65 YEARS, AND THAT'S NOT MY AGE, BUT 65 YEARS, UH, I WILL TELL YOU THAT WE CAN'T GET THROUGH THE STREET. WE CAN'T FIND PARKING. UM, SO ARE WE MAKING IT WORSE WITH PROJECTS LIKE THIS? AND I THINK WE NEED TO STOP AND THINK WE NEED TO STOP AND DO A PROPER PLANNING, UH, TO ENTER INTO A PARKING AGREEMENT FOR EMPLOYEES. UH, WHERE, WHERE ARE THEY GONNA PARK? WE CAN'T FIND PARKING AS RESIDENTS. SO AGAIN, WE TAKE PARKING AWAY FROM THE RESIDENTS THAT ARE PATRONS TO STORES AND RESTAURANTS IN THE AREA SO THAT EMPLOYEES CAN PARK, YES, EMPLOYEES HAVE THE RIGHT TO PARK, BUT NOT AT THE EXPENSE OF A RESIDENT. UM, SO, AND, AND I DON'T KNOW THAT IT'S WORKED YET ANYWHERE. MAYBE SCOTT BEING IN THE, UM, TRANSPORTATION COMMITTEE CAN SPEAK TO THIS, BUT I DON'T KNOW OF ANY PARKING AGREEMENT WHERE EMPLOYEES ARE. UM, WE TRIED TO DO IT FOR THE EDEN ROCK AND THE FOUNTAIN BLUE WHERE WE SAID, LOOK, WE WILL, UM, PROVIDE PARKING ON THE OTHER SIDE OF BY BISCAY, WHICH IS NOW MIDTOWN. THIS IS HOW FAR BACK IT GOES. AND YOU CAN THEN BE BUSED IN BY EDEN ROCK AND, AND, UH, THE FOUNTAIN BLUE. IT DIDN'T WORK. IT DIDN'T HAPPEN. SO IN ESSENCE, THE PARKING LOT NEXT TO THE EDEN ROCK THAT IS THERE FOR RESIDENTS TO [02:05:01] GO TO THE BEACH AND TOURISTS TO GO TO THE BEACH IS TAKEN UP IN THE MOST PART BY THE EDEN ROCK RES, UH, GUESTS AND EMPLOYEES. THE RESIDENTS DON'T HAVE A PLACE TO PARK. SO, UM, I, I HAVE A PROBLEM WITH THE PROJECT AS IS FOR THOSE, THE REASONS I'VE STATED. PARKING, UM, THE ABILITY TO GET FROM ONE STREET TO THE OTHER, THE INCREASE IN UNITS, THE FACT THAT THERE IS NO DRIVEWAY TO DROP OFF, UM, GUESTS AND PICKUP GUESTS. THE FACT THAT PASEO IS ALSO USED AS THE ROAD FOR GARBAGE PICKUP, I THINK WE'RE TRYING TO SQUEEZE TOO MUCH INTO A VERY SMALL SPOT AND NOT GIVING IT THE ACCESSORY USES THAT IT NEEDS TO BE ABLE TO FUNCTION PROPERLY. THANK YOU. YOU KNOW, I'LL JUST SAY I, I WAS ON THE TRANSPORTATION COMMITTEE FOR EIGHT YEARS AND IT'S ALWAYS FRUSTRATED ME WITH THE LACK OF REQUIREMENTS AND THEN TO DO SOMETHING LIKE THIS WHERE YOU DON'T EVEN HAVE A DRIVEWAY. I KNOW PEOPLE THAT HAVE PUT IN AT INADEQUATE LOADING ZONES AND THE TRUCKS JUST STOP IN THE MIDDLE OF 17TH STREET OR COLLINS AVENUE. AND I, I CAN HEAR THE FRUSTRATION. WE'RE BUILDING SOMETHING THAT IS JUST NOT USER-FRIENDLY FOR A REGULAR DAY-TO-DAY BASIS. IT'S SHOVING SOMETHING TOO BIG INTO SOMETHING TOO SMALL WITH NO ACCESSORY USES. I JUST, THAT'S WHERE I FEEL I'M, I'M, THE RESIDENTS ARE FRUSTRATED AND I, I THINK THE CITY, I DON'T THINK IT SHOULD HAVE GOTTEN TO THIS POINT WHERE THE CITY LEADS YOU ON TO THINK THAT THIS IS, THIS IS OKAY. I DON'T THINK IT'S OKAY EITHER. I HAVE TO SAY I JUST THINK IT'S TOO MUCH. YEAH, I, OH YEAH. I MEAN, I DON'T WANNA KEEP HARPING ON IT. I, I MEAN, I THINK I PHILOSOPHICALLY LIKE AM ALL FOR THE PEDESTRIAN EXPERIENCE AND MORE OFTEN THAN NOT, LIKE I'M, YOU KNOW, TRYING TO PROMOTE THAT OVER PARKING SPACES. UM, BUT I'M STILL, I'M JUST, IT JUST DOESN'T SEEM TO MAKE SENSE THAT YOU'RE MAKING SUCH A LARGE SCALE HOTEL AND THERE'S NO, THERE'S NOT EVEN LIKE A VALET DROP OFF SITUATION. I MEAN THAT LIKE, AT A MINIMUM, I THINK NEEDS TO BE FOR A HOTEL OF THIS SIZE LIKE THAT. AND I, AND I UNDERSTAND THAT THE SITE IS NOT CONDUCIVE TO THAT, BUT IT'S, IT'S JUST, IT'S JUST NOT MAKING SENSE. AND THEN, SO I'M LIKE LOOKING AT GOOGLE STREET MAP AND I'M LIKE, WHERE'S THE CLOSEST PARKING LOT IF I'M VISITING THIS HOTEL? AND IT'S, IT'S, GRANTED, IT IS ADJACENT TO THE SITE, BUT IT'S NOT TO TELL, TO WALK WITH A SUITCASE. IT LOOKS LIKE YOU HAVE TO WALK LIKE BLOCKS, BLOCKS AROUND TO GET TO THE HOTEL, WHICH IS GONNA MEAN THAT YOU'RE GETTING DROPPED OFF RIGHT IN FRONT OF THE SITE ON, ON ABBOTT, WHICH IS A VERY BUSY STREET. I, IT'S JUST, IT, I MEAN, I, I WON'T KEEP HARPING ON IT 'CAUSE I, I AM JUST ECHOING WHAT EVERYONE'S SAYING, BUT IT JUST, IT DOESN'T, IT DOESN'T SEEM TO MAKE SENSE. THERE NEEDS TO BE SOME MEANS OF DESIGNATED DROP OFF PICKUP. UM, I'M LESS CONCERNED ABOUT THE PARKING, BUT I MEAN IT'S, I I IT'S A VALID POINT. UM, AND, YOU KNOW, SEPARATELY, I JUST WANTED TO ASK WITH THE WALL MURAL, SO THAT'S, THAT'S AN, THAT WOULD BE SEPARATELY APPROVED, UM, LATER, IF THAT WAS, OR DO WE, DO WE JUST, LIKE IF WE APPROVED THIS TODAY, WOULD THEY, THEY COULD DO WHATEVER MURAL THEY WANTED OR MURALS. MURALS REQUIRE APPROVAL OF THE DESIGN REVIEW BOARD UP TO A HUNDRED SQUARE FEET. IF IT GOES BEYOND THAT, IT ACTUALLY HAS TO GO TO THE CITY COMMISSION ON TOP OF THE DA. OH, OKAY. OKAY. SO I JUST WANTED TO MAKE SURE THERE WAS SOME APPROVAL ON THAT. I THINK THEY'VE EXPRESSED, UM, PLACING THE ROCK, UM, FACADE THAT IS IN THE FRONT OF THE BUILDING, UM, THAT THEY'RE PROPOSING. WOULD YOU BE PAINTING A MURAL OR YOU'RE DOING THE ROCK FACADE? NO, ON THE, ON THE PROPERTY LINE. IT WAS THE TEXTURED PAINT I SHOULD PAINT. OKAY. I JUST WANTED TO CHECK ON. ALRIGHT. YEAH, I'M, I'M SORRY. I DON'T, YEAH, IT'S, I I ACKNOWLEDGE THAT THE SITE IS, IS TIGHT, BUT IT'S, IT'S JUST SQUEEZING A LOT INTO WHAT IT IS. UM, THERE WAS A QUESTION ON THE LOADING BEFORE, AND SO I JUST WANTED TO READ THE HOURS. SO THE, THE CODE PROVIDES THAT LOADING FOR COMMERCIAL AND HOTEL USES AND TRASH PICKUPS WITH VEHICLES OF MORE THAN TWO AXLES MAY ONLY COMMENCE BETWEEN THE HOURS OF SIX AND 7:00 AM 9:00 AM AND 3:00 PM AND 6:00 PM AND 9:00 PM SO THEY'RE NOT ALLOWED TO, UM, HAVE LOADING DURING, UM, RUSH HOURS. THIS IS DURING THE WEEK, UM, FOR TWO ACT FOR, FOR LOADING OF COMMERCIAL AND HOTEL USES FOR VEHICLES WITH TWO AXLES OR LESS. THIS IS MORE LIKELY TO BE AMAZON OR UPS IF THEY'RE DELIVERING ANYTHING. THEY ARE ALLOWED TO, UH, DELIVER BETWEEN 6:00 AM AND 11:00 PM ON WEEKDAYS. OKAY. AND I JUST LIKE TO SAY, IF ONE OF THOSE TRUCKS GETS STUCK ON THE MACARTHUR [02:10:01] BECAUSE OF A PILE UP AND SHOWS UP AT 10:00 AM THEY'RE GONNA STOP IN THE MIDDLE OF ABBOTT WHENEVER THEY WANT TO. IT'S JUST NOT GOOD. IT'S NEVER ENFORCE OR JULIA TUTTLE, IT'S NEVER ENFORCED. AND THEY STOP WHEREVER THEY DO IT ON COLLINS AVENUE ALL THE TIME. AND I THINK, UM, ALSO AS A CITY, WE FORGET TO CHECK, UH, TRAFFIC CONCURRENCY AS IT EXTENDS BEYOND THE ONE STREET AROUND THE BUILDING. SO HOW IS THAT TRUCK COMING IN FROM MIAMI GET TO THIS, UM, UH, PROPOSED PROJECT? IS IT COMING THROUGH, I ASSUME JULIA TUTTLE, IS IT COMING DOWN COLLINS OR IS IT COMING DOWN RESIDENTIAL STREETS? UH, BECAUSE THAT'S WHAT'S HAPPENING. A LOT OF THEM ARE COMING DOWN RESIDENTIAL STREETS AND IT CAUSES A PROBLEM OF TRAFFIC CONGESTION AND SPEEDING. SO I GUESS I HAVE ONE QUESTION THERE. CONTROVERSIAL, NOT CONTROVERSIAL, BUT, SO I KNOW THE CITY, MIAMI BEACH TO CONTINUE TO GET DENSER AND MORE URBAN. BUT ISN'T THIS TYPE OF PROJECT THAT THIS SHOULD BE CHAMPIONED BECAUSE THERE'S NO PARKING INVOLVED? BECAUSE IT'S, IF WE KEEP REQUIRING PARKING AND MORE CAR USAGE, IT WAS ADD TO TRAFFIC OF THE CITY, BUT THEM NOT HAVING ANY PARKING REQUIREMENTS. I, I TEND TO DISSUADES I TEND TO AGREE WITH YOU, BUT I THINK THAT WHEN THE PROJECT IS THIS SMALL AND IT'S LOCATED ON SUCH A BUSY STREET, YOU AT LEAST NEED TO HAVE SOME OFFSITE DROP OFF RIGHT. TO YEAH. TO LIKE, MAYBE NOT THE PARKING, BUT THIS IS, THAT'S, THAT'S WHERE I'M REALLY STRUGGLING. YEAH, I AGREE. BECAUSE THE, THE STREET IS, IT'S GONNA JUST BLOCK. I MEAN, AND I'M ALL FOR THE POEO. I LOVE THAT IDEA. YEAH. TOO. I DON'T KNOW. AND I'M ALL FOR MODERNISM, I'M ALL FOR WALKING. I AM, I USE METRO RAIL, I USE BUS SYSTEM, I USE PUBLIC TRANSPORTATION. I KNOW THE PAIN. BUT THIS AREA, YOU'RE, YOU'RE NOT EVEN GIVING IT A VALET, LIKE A LITTLE EXIT. SO, AND, AND FOR TRASH, LIKE WE WERE SAYING, HE BECOMES NINE O'CLOCK TRAFFIC, 10 O'CLOCK, IT'S GOING TO CAUSE MORE TRAFFIC. SO IT'S NOT ABOUT PARKING, SAY IT'S MORE ABOUT THE FLOW OF THE TRAFFIC AS A BOARD. DO WE, IF THIS PROJECT CAME TO US SMALLER, HOW WOULD, HOW WOULD WE FEEL? BECAUSE I THINK 'CAUSE WE'VE GOT A DRASTIC INCREASE IN NUMBER OF UNITS. OBVIOUSLY WE'RE NOT TALKING ABOUT PARKING, WE'RE TALKING ABOUT LOGISTICS AND HOTEL OPERATION. UM, I'M JUST ASKING THAT BECAUSE THEY'RE GOING, THEY'RE BUILDING THE BUILDING TO WHAT THEY'RE ALLOWED TO BUILD, RIGHT? MM-HMM . SO IT PUTS US IN THIS POSITION AGAIN, IT'S LIKE, OKAY, IF THIS WERE TO COME BACK TO ME TO RESPOND TO YOUR QUESTION, I WOULDN'T JUST LOOK AT A SMALLER, UM, UNIT FACILITY, BOUTIQUE HOTEL, LESS THAN 48 UNITS. I WOULD ALSO LOOK AT THE DROP OFF AND PICK UP OF GUESTS. I WOULD LOOK AT THE BUS LANE THAT SHOULD HAVE BEEN CORRECTED, UH, NOT BY THEM, BUT IT SHOULD BE TAKEN INTO ACCOUNT NOW THAT WE'RE DOING THIS MAJOR OVERHAUL OF NORTH BEACH, LET'S DO IT PROPERLY, LET'S PLAN, THIS IS OUR OPPORTUNITY. WE CAN'T HAVE A BUS LANE OCCUPYING THE DRIVING LANE, UM, BECAUSE THAT ADDS TO THE CONGESTION OF TRAFFIC. PEOPLE LOOKING FOR PARKING ADDS TO THE CONGESTION OF TRAFFIC BECAUSE THERE'S NO PARKING TO BE HAD. SO TO RESPOND TO YOUR QUESTION, IT ISN'T JUST THE NUMBER OF UNITS FOR ME, IT'S THE PARKING, IT'S THE, UM, LOADING AND UNLOADING. IT'S THE TRASH PICKUP ON PASS, WHICH IS SUPPOSED TO BE A, NOT A TRASH PICKUP. YOU KNOW, THAT'S NOT THE MEANING OF A IS I'M GONNA WALK AND STROLL DOWN THE STREET. I CAN'T, THERE'S A GARBAGE TRUCK THERE. AND THAT GARBAGE TRUCK IS GONNA SHOW UP REGARDLESS OF WHAT OUR REQUIREMENTS ARE WHEN IT CAN GET THERE BASED ON ITS DELAY GETTING INTO THE BEACH. SORRY, THE THE GARBAGE TRUCK IS NOT GOING ON THE POEO. IT'S THE, THE TRASH WILL BE WHEELED OUT TO THE STREETS. OKAY. I THANK YOU. I'M SORRY. OKAY. THANK YOU. UM, HOW, HOW DO WE, HOW DO WE, AND THAT GARBAGE TRUCK IS GOING TO PARK, I GUESS IN THE, IN THE LOADING LOADING DOCK. OKAY. WHICH IT, WHICH IT'LL BE ON THE STREET. . THAT'S A GOOD THING. . UH, BUT IT'S JUST, IT'S, IT'S TOO MUCH FOR TOO LITTLE OF A SPOT. AND FOR ME, UM, I'M JUST TRY, I'M JUST ASKING THESE QUESTIONS LIKE HOW DO WE APPROACH THIS? WHERE WE'RE, WE'RE, THEY'RE AS OF RIGHT, ALLOWED TO DO SOMETHING, BUT LOGISTICALLY IT DOESN'T WORK. WHAT CAN WE IN, IN A, A DROP OFF OR A LOADING ZONE OR A PLACE FOR A TRUCK TO BACK IN OR [02:15:01] A VAN OR SOMETHING WHICH BARELY DOESN'T FIT? IS THAT SOMETHING THAT, BUT BUT WE CAN SUGGEST AND APPROVE THAT, BUT WE CAN'T BECAUSE IT IS NOT OUR JOB. I BELIEVE AS THIS BOARD TO TAKE A LOOK AT THIS WHOLE NORTH BEACH CONCEPT THAT WAS APPROVED BY VOTERS AND MASSAGE IT TO SEE IF IT'S ACTUALLY WORKING, BECAUSE IT ISN'T JUST THIS ONE UNIT. YOU KNOW, WE'RE SEEING, UH, YOU GO THROUGH THAT AREA NOW AND YOU FEEL LIKE THESE BUILDINGS ARE GONNA COME ON TOP OF YOU AND NOT EVEN 25% OF THEM ARE BUILT. SO I THINK IT'S SOMETHING THAT THE CITY NEEDS TO GO BACK AND LOOK AT. I DON'T THINK IT'S US SAYING, OH, WHY DON'T YOU PUT A DRIVEWAY HERE, PUT A DRIVEWAY THERE. THERE ARE TOO MANY PROBLEMS FOR ME WITH THIS ONE SITE AND THIS ONE PROJECT FOR US TO BE ABLE TO, FOR ME TO BE ABLE TO SAY, OKAY, THIS WILL WORK. IT ISN'T JUST THE NUMBER OF UNITS, YOU KNOW, IF WE'RE, WE'RE LOOKING AT CONCURRENCY, NOT JUST, UH, FOR, FOR UTILITIES, BUT ALSO FOR TRANSPORTATION, FOR PARKING, LET'S LOOK AT IT HOLISTICALLY BECAUSE THERE IS ONLY SO MUCH TRAFFIC THAT CAN BE, THAT CAN OCCUR IN THIS AREA, AND IT'S BLEEDING INTO RESIDENTIAL AREAS AND INTO OTHER STREETS THAT ARE AT A MAX BUILDING. SO I, I, I JUST, WELL, YOU CAN START BUILDING, BUT MAYBE, YOU KNOW, THEY DON'T WANNA USE 71ST STREET, 79TH STREET AS A WAY TO GET TO THE MAINLAND OR AS A WAY TO GET FROM THE MAINLAND TO THE BEACH. THEY DON'T WANNA USE THAT. NOBODY WANTS TO USE IT. AND IF YOU DO GOOGLE DRIVE OR ANY OF THE OTHER, IT TELLS YOU, TAKE COLLINS AVENUE, TAKE ALTON ROAD, TAKE LAGOS DRIVE, TAKE PINE TREE DRIVE PERMISSION TO I I'M SORRY, I DON'T WANNA INTERRUPT. IF YOU ALL, IF THERE ARE ANY BOARD MEMBERS WHO ARE, SO I WANNA FIRST SAY THAT I REALLY LOVE MIAMI BEACH. UM, YOU GUYS, THE WAY YOU'RE THINKING ABOUT THIS IS SO INVIGORATING FOR ME AS SOMEBODY WHO'S REALLY INTO LAND USE AND URBAN PLANNING. AND I REALLY APPRECIATE THE TENSION THAT I THINK YOU'RE REALLY PUTTING THEIR FINGER ON, WHICH IS HOW DO WE DESIGN SOMETHING THAT IS BOTH FOR THE FUTURE AND ADDRESSES THE CHALLENGES OF THE PRESENT? THE PRESENT IS THAT WE HAVE A CAR DOMINANT SOCIETY AND MOST OF OUR PEOPLE WILL BE DROPPED OFF IN A CAR. BUT THE FUTURE THAT NORTH BEACH IS DESIGNED TOWARDS IS ONE WHERE IT'S PEDESTRIAN DOMINATED. AND THE REALITY IS THAT WE CANNOT DESIGN THIS BUILDING TO BE BOTH PEDESTRIAN AND CAR FRIENDLY. BUT THERE IS A BALANCE THAT WE HAVE TO STRIKE. ANOTHER THING THAT I WANNA SAY, SO THAT'S JUST MY PERSONAL SIDE. WE ARE WILLING TO DO THE OFFSITE PARKING AGREEMENT AS A ZEALOUS ADVOCATE, I'D HAVE TO JUST POINT OUT THAT THE CODE DOESN'T REQUIRE IT. SO WE HAVE THE RIGHT TO OBJECT. BUT I SPOKE WITH OUR CLIENT AND WE'RE WILLING TO EXECUTE THE OFFSITE PARKING AGREEMENT. WE PREVIOUSLY REQUESTED A SAMPLE OF THIS PARKING AGREEMENT FOR THE DEPARTMENT OF TRANSPORTATION, AND WE'RE STILL WILLING AND READY TO WORK WITH THEM ON EXECUTING WHAT IT IS EXACTLY THAT THEY'RE LOOKING FOR THERE. THIRDLY, WE HAVE A HOTEL OPERATIONAL PLAN IN DRAFT FORM HERE, WHICH WE'RE HAPPY TO SUBMIT TO YOU ALL WHERE WE WOULD BE WILLING TO DEDICATE AND COMMIT TO ALL OF OUR EMPLOYEES SIGNING SOMETHING THAT SAYS THAT THEY'RE EITHER GONNA TAKE THE BUS OR USE THE BIKE ROOM, OR IF YOU ALL WANT THEM TO HAVE PARKING, A SPECIFIC ALLOCATION OF PARKING IN SPECIFIC SPOTS. WE'RE ALSO WILLING TO PROVIDE A VALET TRANSPORTATION WHO WE'VE BEEN WORKING WITH SINCE 2023, TOLD US THAT THEY DON'T WANT A VALET IN LINE WITH THE TOWN CENTER CODE. SO WE TOOK IT OUT. BUT WE ARE WILLING TO DO ALL THOSE THINGS. THE LAST THING THAT I'LL SAY IS THE ONE NET TRIP PER FOUR MINUTES IS MORE THAN ACCOMMODATED BY THE LOADING SPACES, WHICH ARE ALREADY BUILT INTO THIS PROJECT. SO WE ARE NOT ASKING FOR NEW LOADING SPACES, WE'RE NOT TAKING ANYTHING AWAY FROM ABBOTT. THIS ALREADY IS OCCURRING. WE ARE SIMPLY LEGALIZING THIS USE BECAUSE THIS IS WHAT THEY'VE BEEN DOING. IF YOU GO TO THE SITE RIGHT NOW, THERE'S A SIGN THAT SAYS LOADING ONLY THAT HAS THIS SPACE QUARTERED OFF. AND THAT IS THE SAME SPACE THAT WE WOULD BE USING. SO WE ARE NOT IMPOSING OR REMOVING PARKING FROM THIS AREA. I THINK THAT MIGHT HAVE COVERED IT. ARIEL, DID I MISS ANYTHING? I I WANTED HIM TO SPEAK TO THE UBER SITUATION BECAUSE I THINK THAT THERE IS A, UM, CONCEPTION THAT LOTS OF PEOPLE OF PEOPLE ARE COMING TO MIAMI BEACH AND DRIVING RENTAL CARS. BUT I LIVE IN CITY OF MIAMI AND I UBER TO MIAMI BEACH BECAUSE I DON'T WANNA PARK. SO I JUST WANTED TO TALK A LITTLE BIT ABOUT HOW WE EXPECT PEOPLE TO FLOW IN AND OUT OF THE PROPERTY TO GIVE YOU GUYS A SENSE OF WHAT WE'RE THINKING. YEAH. UH, SO THANK YOU MITCH, AND THANK YOU EVERYONE FOR VOICING YOUR CONCERN SO FAR. UM, SPEAKING TO THE, UH, THE PARKING ISSUE AND PROVIDING ONSITE PARKING OR THIS OFFSITE PARKING AGREEMENT, IF WE WERE TO, UH, FIND AN AREA WHERE WE COULD RESERVE PARKING SPACES FOR THIS USE, WE WOULD BE ENCOURAGING VEHICLE, UH, [02:20:01] EMPLOYEES AND GUESTS TO BE PARKING, UH, WITHIN THE AREA OF THIS SITE AND TAKING UP THESE, UH, PARKING SPACES THAT ARE BEING USED BY RESIDENTS AND OTHER, UH, VISITORS TO THE AREA. UM, BY NOT PROVIDING, UH, A RESERVED PARKING AREA. INSTEAD WE'RE ENCOURAGING THE USE OF EITHER RIDESHARE, UH, BICYCLING, UH, WALKING OR USING TRANSIT TO GET TO AND FROM THIS SITE, UH, REDUCING THE IMPACT ON THE ADJACENT PARKING AREAS. UM, ALSO I WANTED TO SPEAK AGAIN TO, UH, THE, UH, CONCERN OF A LACK OF DRIVEWAY, UH, PROVIDED ON THE SITE. UM, AGAIN, THE SITE IS TOO NARROW FOR VEHICLES TO PERFORM A U-TURN WITHIN THE SITE. EVEN IF WE WERE TO PROVIDE A DRIVEWAY THAT VEHICLES WOULD DRIVE INTO AND REVERSE OUT OF, WE WOULD BE GENERATING A, A VERY UNSAFE CONDITION FOR NOT ONLY DRIVERS VISITING THE HOTEL, NOT ONLY FOR PEDESTRIANS AS WELL, BUT ALSO FOR VEHICLES TRAVELING ALONG ABBOTT THAT HAVE TO DEAL WITH VEHICLES BLINDLY REVERSING OUT OF THIS DRIVEWAY ONTO ABBOTT AVENUE WHEN THERE WOULD LEAVE THIS UNSAFE DRIVEWAY. AND I'M WILLING TO ANSWER ANY OTHER CONCERNS YOU MAY HAVE REGARDING, UH, TRAFFIC OR MANEUVERABILITY. THANK YOU. I, I APPRECIATE WHAT YOU MENTIONED ABOUT NOT EVERYBODY RENTING A VEHICLE OR COMING IN A VEHICLE USING UBER, LYFT OR WHAT, WHAT HAVE YOU. UM, BUT THERE ARE SOME PEOPLE THAT MAY WANT A CAR. UM, AND RIGHT NOW YOU ALSO ARE BRINGING EMPLOYEES INTO THE AREA TO MANAGE THAT 48 UNIT FACILITY THAT REQUIRES PARKING. AND WHEREAS WE CANNOT KNOW WHAT THE FUTURE'S GOING TO BRING, WE DO KNOW WHAT THE PAST HAS BROUGHT. AND IN THE PAST THERE HAVE BEEN BUILDINGS BUILT ON MIAMI BEACH. TWO STORIES SUCH AS THIS ONE, UM, THAT WERE BUILT WITHOUT PARKING. SOUTH BEACH IS A PERFECT EXAMPLE OF IT AS WELL, NOT JUST NORTH BEACH, WHERE WE BUILT THESE, UM, FOUR UNITS, SOMETIMES 11 UNIT MULTI-FAMILY BUILDINGS WITH NO PARKING. AND TODAY THERE'S NO PARKING ON THE STREET TO BE HAD FOR THOSE PEOPLE THAT OWN OR RENT IN THOSE FACILITIES. SO WE HAVE TO LEARN FROM THE PAST BECAUSE WE DON'T REALLY KNOW WHAT THE FUTURE IS GOING TO END UP BEING. HOPEFULLY IT WILL BE A CARB FREE. UM, I, I COMPLETELY UNDERSTAND WHAT YOU MEAN. I DO LIVE IN ONE OF THOSE 12 UNIT ON MERIDIAN, NO PARKING, AND I HAVE A CAR AND I DON'T HAVE A PROBLEM OTHER THAN THE CITY ONCE TOWED MY CAR WHEN SHOULDN'T HAPPEN. , UM, . BUT, UM, I, I'VE ALWAYS FOUND PARKING AND I'M ON MERIDIAN, WHICH IS, AS EVERYONE KNOWS A SPECIAL STREET. UM, I ALSO USED TO LIVE AT 69TH AND COLLINS. I LIVED AT THE COLLINS FOR FOUR YEARS, JUST FOUR YEARS AGO. SO I REALLY KNOW THIS AREA REALLY WELL. AND I JUST THINK, I MEAN, I'M MAYBE BIASED 'CAUSE I COME FROM TORONTO, WHICH HAS THE WORST TRAFFIC IN THE WORLD AND THEN LIVED IN NEW YORK AND LONDON. AND I MAYBE AM BIASED BECAUSE I DON'T FIND THE PART, THE TRAFFIC THAT BAD IN MIAMI BEACH. BUT, UM, YOU KNOW, AND I LIVED IN NORTH BEACH AND WE OFTEN HAVE PROJECTS UP THERE AND WE'RE DRIVING THROUGH AND IT MIGHT BE 10 MINUTES LONGER THAN NORMAL, UM, WHEN THERE'S TRAFFIC. SO I, I THINK THAT THE CONCERN, I THINK IT DOES NEED, WE DO NEED TO HAVE A LOT MORE PUBLIC TRANSPORTATION INITIATIVES THAT'S OBVIOUSLY BEYOND OUR SCOPE HERE IN THIS ROOM. BUT, UM, THAT'S JUST MY CONCERN AS, UH, RESIDENTS OF MIAMI BEACH, THAT IT'S, UM, YOU KNOW, TO, IN MY PERSPECTIVE, MAYBE NOT AS, AS A BIG ISSUE. AND I THINK THE OTHER THING THAT WE WOULD SAY IS IN THE EVENT, I, I HEAR YOUR, UM, CONCERN AND WE WOULD LOVE THE OPPORTUNITY TO MEET WITH YOU ALL INDIVIDUALLY AND REALLY LOOK AT THE PLANS AND GET INTO IT. I KNOW AND RESPECT YOU ALL AS PROFESSIONALS WITH DESIGN BACKGROUNDS AND ARCHITECT DEGREES. I KNOW THAT OUR TEAM WOULD BE WILLING TO MEET WITH THE NEIGHBORS WHO WE'VE ALREADY MET WITH. IF THERE WAS A SITUATION WHERE YOU COULD NOT SUPPORT THE VARIANCE TODAY, WE WOULD MUCH RATHER OUR ITEM BE CONTINUED SO WE CAN CONTINUE TO WORK WITH YOU ALL AND WITH THE NEIGHBORS ON WHAT THE CITY WANTS TO SEE HERE. LIKE I STARTED THIS PRESENTATION, I REALLY WAS EARNEST IN SAYING, THIS IS EXACTLY WHAT YOU WANT BECAUSE I THOUGHT THIS IS EXACTLY WHAT YOU WANTED. I'M HEARING OTHERWISE, AND I CAN COUNT, I, I SEE THE NOSE ON THE FACES. SO WE WOULD MUCH RATHER TALK WITH YOU ABOUT WHAT IT IS THAT YOU WANT SO THAT WE CAN BRING THIS PROJECT HOME THAN, UM, YOU KNOW, CONTINUE TO TURN THIS WHEEL ROGELIO. I, I THINK TO CONTINUE THIS, I, YOU KNOW, I ALSO HEAR THE CONCERNS, BUT, UH, FROM THE OTHER BOARD MEMBERS. BUT I, I THINK [02:25:01] THIS IS SOMETHING THAT REALLY NEEDS TO GO BACK TO PLANNING. AND WHETHER IT'S THROUGH THE PLANNING BOARD, I DON'T KNOW HOW FAR BACK TO THE CITY COMMISSION, BUT THIS IS GOING TO BE A PROBLEM IF WE WERE TO APPROVE IT TODAY, IN MY OPINION. AND TOMORROW THERE'S GOING TO BE ANOTHER PROJECT LIKE THIS AND THEN ANOTHER PROJECT LIKE THIS. AND INSTEAD OF DOING WHAT OUR GOAL WAS INITIALLY WAS TO IMPROVE NORTH BEACH, WE'RE PUTTING IT DOWN INTO THE, IN, IN A APPROVING A SITUATION THAT IS NOT FUNCTIONAL. SO I DON'T KNOW THAT WE CAN DO ANYTHING HERE AS A BOARD. I, IF THEY WANNA CONTINUE THE PROJECT, THAT'S FINE, BUT NEEDS TO GO BACK TO ALL OF YOU, UM, WHERE IT CAN BE DISCUSSED AT LENGTH. SO I I WILL JUST, THE, THE, AND I UNDERSTAND WHY YOU ALL RECOMMEND, UH, THE PROJECT. YOU HAVE NO CHOICE BECAUSE YOU'RE GIVEN THE PARAMETERS BASED ON, YOU KNOW, THE, THE ZONING THAT WAS CHANGED FOR THIS AREA. SO, SO THE CODE REQUIRES PARKING FOR RESIDENTIAL USES AND IT REQUIRES LOADING. AND MOST OF THE PROJECTS THAT ARE IN THE NORTH BEACH TOWN CENTER ARE LARGER. AND THEY DO HAVE PARKING, THEY HAVE THEIR LOADING INTERNALIZED, AND THE LOADING IS INTENDED TO NOT IMPACT TRAFFIC AS MUCH AS TO THE EXTENT POSSIBLE. BUT THE CODE DOES MAKE ACCOMMODATIONS FOR SMALL LOTS SUCH AS THIS, WHERE IT IS IMPOSSIBLE. THERE WAS A, THERE WAS A PROJECT APPROVED BY THE BOARD, UM, 20 18 20 19 WHERE LAS VEGAS CUBAN CUISINE IS ON COLLINS AVENUE. THAT'S A SIMILAR LAYOUT. IT'S A ONE LOT PROJECT AND IT'S SIMPLY IMPOSSIBLE ON COLLINS AVENUE TO PROVIDE, UM, THE DRIVEWAY THAT, UH, THAT WOULD BE REQUIRED OF A MUCH LARGER LOT. IT'S, IT'S JUST, IT JUST CANNOT HAPPEN THERE. THERE'S NO, NO WAY TO FIT IT IN. AND IT WOULD BE A DISRUPTION TO THE PEDESTRIAN FLOW THAT THE TOWN CENTER IS TRYING TO ENCOURAGE. IF YOU HAVE THAT DRIVEWAY AND CUTTING, CUTTING ACROSS THE, THE, THE SIDEWALKS THAT THE, THAT THE TOWN CENTER IS REALLY CALLING FOR. THE GOAL OF THE TOWN CENTER WAS TO ENCOURAGE PEOPLE TO WALK AS MUCH AS POSSIBLE. WE UNDERSTAND THAT THAT'S NOT GONNA BE POSSIBLE FOR EVERY TRIP. PEOPLE WILL STILL HAVE TO DRIVE TO THEIR OFFICE, BUT THE GOAL IS THAT IF THEY'RE GOING TO A RESTAURANT, IF THEY'RE GOING TO SHOPPING AT THE GROCERY STORE, IF THEY'RE GOING, UM, GOING OUT TO A BAR AT NIGHT, THAT THEY'LL BE ABLE TO DO THAT WALKING, UM, AND NOT HAVE TO GET IN THE CAR AND MAKE THAT HAPPEN. SO THAT WAS THE INTENT OF THE TOWN CENTER REGULATIONS. THERE IS STILL GONNA BE A LOT OF NEW PARKING BUILT IN THE LARGER PROJECTS. THEY ALL ARE PROVIDING THEIR PARKING REQUIREMENTS FOR ALL THE RESIDENTIAL BUILDINGS, A HUNDRED PERCENT. SOME OF THE RETAIL PROJECTS, THE LARGER RETAIL PROJECTS HAVE PARKING FOR THE RETAIL. UM, SO WE DO EXPECT FOR THERE TO BE A LOT OF ADDITIONAL PARKING IN THE TOWN CENTER. BUT FOR THESE SMALLER LOTS, IT'S JUST, IT'S JUST NOT, UM, IT'S NOT GONNA BE POSSIBLE FOR THEM TO PROVIDE. AND MAYBE YOU ALL NEED TO GO BACK AND TAKE A LOOK AT THESE SMALLER LOTS BECAUSE IT CANNOT BE THE SAME TREATMENT AS THE BIGGER LOTS THAT DO PROVIDE PARKING, DO PROVIDE LOADING. UM, BECAUSE SOME OF WHAT YOU'VE SAID THAT, YOU KNOW, WE THOUGHT WOULD BE THE CASE OF PEOPLE WALKING TO ALL THESE PLACES IS WISHFUL THINKING, UM, DURING CERTAIN TIMES OF THE YEAR, IT'S JUST ISN'T GOING TO HAPPEN. AND WITH CERTAIN PEOPLE IT ISN'T GOING TO HAPPEN. AND TODAY AND AGE IT HAPPENS MORE SO THAN IT DID 10, 20 YEARS AGO, BUT IT'S NOT THERE YET. AND WE CANNOT DO IT AT THE EXPENSE OF PEOPLE THAT ARE CURRENTLY LIVING IN THAT AREA AND THAT OWN PROPERTY IN THAT AREA. SO THAT MEAN DO MORATORIUM, MORATORIUM APPROVAL FOR ANY PRO? I JUST, BESIDES PROJECT LIKE THE , I DON'T KNOW, I GET THE PARKING WAIVER. WHAT BOTHERS ME, MOST OF THIS IS IT'S A HOTEL AND THERE'S NOWHERE TO DROP PASSENGERS OFF. YEAH, THAT'S REALLY MY, AND LISTEN TO ME FOR A MINUTE, BECAUSE THIS IS NOT YOUR FAULT. THE CITY DOES THIS EVERYWHERE. THEY PUT BUMP OUTS IN, THERE'S NO, THERE'S NO LEGAL PLACE FOR A FEDEX TRUCK OR A TAXI OR SOMEBODY MOVING TO STOP. SO NOW INSTEAD OF PULLING WHERE THE BUMP OUTS WERE, THEY STOP IN THE MIDDLE OF TRAFFIC 'CAUSE THEY HAVE NO CHOICE. AND WHEN YOU HAVE A HOTEL WITH THAT MANY ROOMS, FORGET THE EMPLOYEES, THAT'S A WHOLE DISASTER ON ITS OWN, BUT IT'S CODE AND I GET IT. AND IF THEY, THEY KNOW THAT GOING IN. BUT WHEN YOU HAVE PEOPLE BEING DROPPED OFF FROM AN AIRPORT WITH LUGGAGE AND THEY FORGET SOMETHING IN THE ROOM AND THEY DON'T MOVE AND SOMEONE ELSE COMES, THEY'RE GONNA JUST STOP IN THE STREETS AND WE, WE JUST KEEP DOING THIS, WE KEEP DOING THIS, WE KEEP SAYING THE POEO, IT'S PEDESTRIAN, BUT THEN WE DON'T GIVE ANY ROOM FOR PRACTICAL, REALISTIC FUNCTIONS OF A HOTEL. I MEAN, WHERE DO YOU SEE A HOTEL ON A MAIN STREET WITHOUT SOMETHING TO PULL OFF ON? I, I MEAN THAT'S JUST, IT'S NOT YOUR FAULT AND I GET WHAT YOU'RE DOING AND YOU KNOW, I JUST, I DON'T KNOW, I I DON'T KNOW HOW WE KEEP DOING THIS. THEY DO HAVE, THERE IS TODAY ON THE SITE, THERE ARE TWO LOADING SPACES, AS WAS, AS WAS INDICATED PERHAPS IN THE [02:30:01] APPROVAL OF THE CONDITIONS FOR THE VARIANCE. UH, WE PUT IN A CONDITION THAT THAT DROP OFFS WOULD BE ALLOWED TO TAKE PLACE IN THAT SPACE AS WELL. THAT WOULD BE, COULD I BRING UP THE IMAGE ON THE SCREEN AGAIN? BECAUSE I DO THINK THAT, I'M SENSING THERE MIGHT BE SOME CONFUSION WE ARE NOT LOADING ON ABBOTT. WE'RE LOADING IN A ADDITIONAL LANE THAT IS ADJACENT TO OUR PROPERTY THAT IS CURRENTLY ALL PARKING SPOTS. SO THIS IS NOT GONNA DISRUPT THE FLOW OF TRAFFIC BECAUSE TO THE LEFT OF OUR LOADING SPOT IS ABBOTT AND THAT ENTIRE LANE BEHIND US IS ALL PUBLIC STREET PARKING AND IT'S A ONE-WAY ROAD. SO IN THEORY, ANYBODY DRIVING DOWN ABBOTT COULD DRIVE EITHER PARK THERE ON ABBOTT DOWN THE STREET ALL THE WAY FROM 71ST, IT'S ALL PUBLIC PARKING, OR THEY COULD STOP IN THE LOADING ZONE. NOW AS I MENTIONED, OUR HOTEL OPERATIONAL PLAN, WHICH WE'RE VOLUNTARILY PROFFERING, WOULD LIMIT AND RESTRICT LOADING AND DROP OFFS TO SPECIFICALLY OUR LOADING ZONE DURING SPECIFIC HOURS. ONE OF THE THINGS TO KEEP IN MIND IS THAT A HOTEL IS NOT A 24 7 USE CHECK-IN ONLY HAPPENS AT 3:00 PM WHICH IS NOT A RUSH HOUR TIME. SO MOST OF OUR PEOPLE ARE COMING IN AND WE CAN ALSO, YOU KNOW, WORK WITH YOU GUYS TO CHANGE THAT. BUT MOST OF OUR PEOPLE ARE NOT COMING IN AT 9:00 AM OR MOST OF OUR PEOPLE ARE NOT LEAVING AT 5:00 PM SO IN TERMS OF TRAFFIC FLOW, OUR TRAFFIC ENGINEERS ALREADY SAID IT'S ONLY ONE NET NEW TRIP IN TERMS OF WHERE THESE PEOPLE WILL BE DROPPED OFF. THEY WON'T BE DROPPED OFF ON ABBOTT, THEY'LL BE DROPPED OFF IN THE LOADING ZONE, WHICH IS NOT THE PUBLIC STREET. AND IN TERMS OF THE NUMBER OF TRIPS, THEY WOULD BE HAPPENING MINIMALLY DURING TIMES THAT ARE NOT PEAK HOURS, 12:00 PM AND 3:00 PM. SO IN TERMS OF THE DELIVERY AND LOADING, WE ALSO HAVE IN OUR HOTEL OPERATIONAL PLAN, VOLUNTARY PROFFERS TO LIMIT AND MANDATE DELIVERIES TO OCCUR. AGAIN, NOT DURING RUSH HOUR. AND THE OTHER THING TO KEEP IN MIND IS THAT IT SEEMS LIKE A BIG JUMP FROM 11 TO 48 FOR THE HOTEL ROOMS, BUT YOU HAVE TO KEEP IN MIND THAT THIS IS NOT A TRADITIONAL HOTEL. THIS IS NOT LIKE A MARRIOTT, THIS IS A BOUTIQUE HOTEL. SO WE'RE EXPECTING A SPECIFIC TYPE OF PATRON WHO MIGHT NOT BE NECESSARILY WILLING TO STRUGGLE FOR PARKING ON MIAMI BEACH, IF THAT MAKES SENSE. THEY'RE MOST LIKELY GOING TO FEEL MORE COMFORTABLE BEING DROPPED OFF IN THE LOADING ZONE OR IF WE WERE ALLOWED TO A VALET AREA, BUT THAT WOULD STILL BE THE SAME AREA. SO THE LOADING IN THE VALET COULD BE IN THOSE SAME TWO SPOTS, OR IF THE CITY WANTED US TO, WE COULD EXPAND UPON IT. RIGHT NOW WHAT WE ARE PROPOSING IS EFFECTIVELY AN IDENTICAL UPGRADE OF WHAT EXISTS ON THE SITE. WE ARE TAKING WHAT YOU ALREADY HAVE AND BASICALLY ELEVATING IT TO WHAT THE NORTH BEACH TOWN CENTER SAYS THAT IT WANTS TO BE. NOW I UNDERSTAND THAT THERE'S TENSIONS, BUT IN TERMS OF THE DATA AND THE EVIDENCE, THERE'S NOTHING TO SUPPORT THE ASSERTION THAT WE WOULD BE CREATING TRAFFIC ON ABBOTT AVENUE, OUR NET NEW TRIPS AND THE TIMES THAT THEY'RE COMING IN JUST DON'T SUPPORT THAT CONCLUSION. AND I WANT THAT TO BE IMPORTANT. CAN YOU CONFIRM, YOU SAID, UH, PATRONS OR GUESTS OF THE HOTEL WILL ONLY BE COMING IN AT 3:00 PM UH, CHECK IN TIME. YEAH, SO CHECK IN IN TIME. RIGHT? SO CHECK IN CAN'T BE BEFORE 3:00 PM BUT THEY CAN CERTAINLY COME IN WITH THEIR LUGGAGE, DROP IT OFF WITH THE FRONT DESK AND GO ABOUT THEIR WAY BECAUSE THEIR FLIGHT MAY COME IN AT 9:00 AM IN THE MORNING, 10:00 AM IN THE MORNING. UM, WHERE DO YOU EXPECT YOUR PATRONS TO COME FROM? OUT OF, OUT OF TOWN PEOPLE? YES. YEAH, PLANES COME IN AT DIFFERENT TIMES. SO YEAH, THEY CAN DROP OFF THEIR LUGGAGE BEFORE IT'LL BE HELD AT THE FRONT DESK, BUT THEY STILL HAVE TO BE ABLE TO BRING THEIR LUGGAGE. THEY'RE CERTAINLY NOT GONNA GO AROUND MIAMI BEACH, YOU KNOW, WITH THEIR LUGGAGE IN THEIR HAND UNTIL 3:00 PM YES, YES. BUT I I, I GUESS WHAT OUR TRAFFIC ENGINEER DATA IS INDICATING IS THAT MOST PEOPLE ARE GONNA TRY TO GET THERE AROUND THE TIME OF CHECK-IN, WHICH IS WELL AFTER. SO WE'RE WORRIED ABOUT MIAMI BEACH INCOMING TRAFFIC FOR PEOPLE COMING IN FROM WORK. THE PEOPLE COMING FROM THE MAINLAND ARE NOT GONNA BE COMING IN AT THAT TIME. SO THAT IS WHAT I'M TRYING TO POINT OUT. OKAY. QUICK, DO YOU REALIZE THAT MIAMI INTERNATIONAL AIRPORT HAS THE HIGHEST INCOMING PLANES AFTER 3:00 PM INBOUND BOTH INTERNATIONALLY, RIGHT? BUT THAT'S OPPOSITE OF OUR TRAFFIC FLOW. RIGHT? THAT'S EXACTLY THE POINT. THEY'RE COMING IN AT THE TIME, BUT BY THE TIME THEY GET OUT THROUGH CUSTOMS, TWO HOURS IN CUSTOMS AND HOUR, GETTING YOUR BAG AND THEN GOING TO GET YOUR CAR, THAT'S FOUR HOURS. SO AT THREE YOU'RE AT SEVEN, THREE O'CLOCK IN THE AFTERNOON, YOU ARRIVE SEVEN O'CLOCK YOU'RE AT MIAMI [02:35:01] BEACH. SO THAT'S GONNA CAUSE TRAFFIC, BUT IT'S OPPOSITE OF THE TRAFFIC THAT WE'RE WORRIED ABOUT. SO WE'RE WORRIED ABOUT MAINLAND TRAFFIC COMING INTO THE BEACH THAT'S WORSE FROM MORNING COMMUTERS BETWEEN LIKE 7:00 AM AND 9:00 AM AND THEN WE'RE WORRIED ABOUT MIAMI BEACH TRAFFIC GOING BACK TO THE MAINLAND AND THAT I'M NOT, BUT I'M NOT CONCERNED ABOUT MAIN TRAFFIC GOING IN AND OUTTA MIAMI BEACH. I'M CONCERNED ABOUT TRAFFIC RESIDENTS GOING FROM HERE TO PUBLIX FROM, UH, YOU KNOW, TO GOING UP. TRUST ME, I AVOID NORTH BEACH RIGHT NOW. WHAT DO YOU THINK IS GONNA HAPPEN IN THREE YEARS? AND I'M A RESIDENT. ABSOLUTELY. I DON'T WANT TO MARGINALIZE OR CON CONTRADICT YOUR EXPERIENCE. I'M JUST, I'M GONNA TURN IT OVER TO THE TRAFFIC ENGINEER 'CAUSE MAYBE I'M MISSPEAKING. YEAH, UM, I MEAN, MISH UH, COVERED IT PRETTY WELL. UM, THE HOTELS ARE RELATIVELY LOW TRIP GENERATOR COMPARED TO OTHER USES AND THE TRIPS ARRIVING AND LEAVING THE HOTEL, UM, GENERALLY OCCUR DURING OFF PEAK HOURS. SOME TRIPS MAY OCCUR DURING YOUR PEAK RUSH HOURS, BUT THERE'S NO, UH, FOR EXAMPLE, LIKE A WORK SCHEDULE NINE TO FIVE THAT THE HOTEL GUESTS HAVE TO FOLLOW, THEY'LL BE LEAVING. AND IN THE HOTEL THROUGHOUT THE DAY, IT'LL BE A DISPERSED PATTERN OF TRAFFIC. THERE WON'T NECESSARILY BE A, A HARD PEAK IF THIS WAS A SCHOOL OR A RESTAURANT. YOU'D EXPECT NOT ONLY MUCH HIGHER TRAFFIC, BUT MUCH HIGHER PEAK, MUCH HIGHER CUES, UH, THAT WOULD PROBABLY, UH, EXTEND ONTO ABBOTT AVENUE. UH, COMPARED TO THOSE USES, THIS HOTEL, UH, WILL HAVE LESS OF A IMPACT ON CERTAIN, UH, TIMES OF THE DAY WHERE TRAFFIC ON ABBOTT AVENUE AND ON ON THE EXTERNAL ROADWAY NETWORK ARE, ARE AT THEIR WORST. OKAY. SO WHAT ARE WE GONNA DO? UH, I THINK, I THINK THERE'S, WE'RE INTO THE GROUND. I THINK THERE'S TWO CHOICES. ONE, YOU CAN ASK FOR A CONTINUANCE TO GO BACK AND WORK WITH PLANNING. I SEE SO MANY PROBLEMS WITH THIS PROJECT THAT I, I DON'T KNOW THAT, BUT YOU KNOW, YOU HAVE TO BE POSITIVE AND THINK THAT THERE'S WAYS OF FIXING THINGS. UM, THE OTHER OPTION IS WE TAKE A VOTE, WE DON'T APPROVE IT, THEY HAVE THE RIGHT TO APPEAL TO THE CITY COMMISSION. AM I RIGHT? DESIGN COULD BE APPEALED AS THE CITY COMMISSION. THE VARIANCES WOULD HAVE TO BE APPEALED TO CIRCUIT COURT. OKAY, THAT'S OPTION TWO. UH, BUT I THINK THE BIGGER ISSUE HERE IS AN ISSUE THAT NEEDS TO BE DISCUSSED BY COMMITTEE COMMISSION, UM, BECAUSE IT'S AN ISSUE OF WHAT WE'VE APPROVED, UM, TO OCCUR IN THIS AREA AND HOW IT REALLY IS STARTING TO COME ABOUT AND THE IMPACT THAT IT'S HAVING ON THE COMMUNITY. AND IT'S NOT JUST THE COMMUNITY OF NORTH BEACH, IT'S THE MID BEACH COMMUNITY AS WELL. SO, UM, IT'S YOUR CHOICE. WHAT, WHAT, WHAT WOULD YOU LIKE TO DO AS FOR, OR CAN I ASK THIS BOARD OF QUESTION AS A, AS A DESIGNER? 'CAUSE WE HAVE THE CHALLENGE ALWAYS TO MAKE ALL THESE THINGS WORK. AND IN THIS PROJECT, FOR EXAMPLE, WE HAVE A PROJECT THAT IS UP TO CODE THAT IS TAKING, AGAIN, LIKE, LIKE UH, MITCH SAID, UH, AN EXISTING CONDITION. AND WHILE WE'RE ADDING ROOMS, WE'RE ADDING A NUMBER OF THINGS. IT'S STILL WITHIN THE PARAMETERS OF, OF HOW IT WORKS. BUT AS IT HAS BEEN MENTIONED AS A SMALL SITE, IT'S A VERY DIFFERENT SITUATION THAN A BIG SITE WHERE YOU CAN SOLVE A LOT OF YOUR PROBLEMS ON SITE. AND THIS IS A TYPOLOGY THAT BY CODE DOES NOT REQUIRE PARKING. SO PARKING IN MY OPINION, SHOULD, I MEAN ASIDE FROM THE AGREEMENTS AND THE, AND THE LOGISTICS OF DROPOFF SHOULD BE A DISCUSSION RESERVED FOR THINGS THAT GENERATE PARKING, LIKE APARTMENT BUILDINGS WITHOUT ONSITE PARKING. THAT'S REALLY YOUR MAIN AND WHICH IS A TYPOLOGY THAT YOU SEE MANY YEARS GOING INTO THE BACK INTO THE PAST, WHICH I THINK IS PART OF A BIG, A BIG PART OF THE ISSUE IN THIS NEIGHBORHOOD, WHICH AGAIN, IS SOMETHING THAT WE HAVE TO ADDRESS, UM, IN. AND THEN WE HAVE ANOTHER CITY, UH, AMBITION, WHICH IS THE PASEO, UH, PEDESTRIAN SCAPE. AND AGAIN, TURNING A WHAT WAS A, A NEIGHBORHOOD OF A CERTAIN KIND INTO ONE THAT IS MORE PEDESTRIAN FRIENDLY. IF THE DRB SENDS THIS, THIS PROJECTS OUT THE DOOR BY SAYING, YOU KNOW, WE CAN'T SOLVE THESE PROBLEMS BECAUSE THESE ARE BIGGER PROBLEMS ON THAN, THAN WHAT A CODE COMPLYING PROJECT COMING IN FRONT OF YOU CAN DO. THEN WHAT WE END UP WITH IS A CITY THAT HAS WHERE THESE SMALL SITES WITH TWO STORY BUILDINGS WILL BE THERE FOR THE NEXT 30 YEARS OR HOWEVER MANY YEARS UNTIL THE CITY FINDS A WAY TO SOLVE THESE THINGS. OR UNTIL AN OWNER ACCUMULATES THREE LOTS AGAIN THE, THE RIGHT. SO YES, THAT'S AN OPTION THE OWNER ACCUMULATING, WE'RE GONNA REQUEST A CONTINUANCE. THANK YOU. NO, I KNOW, BUT, BUT I WANT, I WANNA ASK THEM. WE SHOULD JUST SAY THE CONTINUANCE. THANK YOU, . YOUR POINTS ARE VALID. NO, WE'VE, WE'VE ASKED THESE ISSUES. YOU HAVE A VALID POINTS AND WE UNDERSTAND YOU'RE, YOU'RE IN A TOUGH SITUATION AS IS THE PLANNING DEPARTMENT. [02:40:01] THEY'VE BEEN GIVEN THIS ENVELOPE OF WHERE TO APPROVE AND NOT APPROVE OR WHERE TO RECOMMEND AND NOT RECOMMEND. THE REALITY IS IT'S NOT WORKING. AND THIS IS AN EXAMPLE OF SOMETHING NOT WORKING. AND I, I WOULD JUST, MY RECOMMENDATION CONTINUANCE WOULD BE GOOD. AND, AND COMING BACK WITH THE PLANS THAT YOU'VE DISCUSSED ABOUT MITIGATING THE LOGISTICS OF THE HOTEL AND AND OPERATIONS WHEN THE, THE LINENS ARE COMING IN EVERY DAY AND THERE'S SOMEBODY DOUBLE PARKED AND ABSOLUTELY. THINGS THAT WE'RE CONCERNED WITH HERE AND, AND ADDRESSING THOSE AND, YOU KNOW, DO WE HAVE DESIGN ISSUES? 'CAUSE I MISSED THAT PART. SO YEAH, I, I MEAN EVEN DESIGN ISSUES, I DIDN'T EVEN PERSONALLY GET INTO THEM , BUT ALL THIS METAL FACADE THAT IS BEING PROPOSED, I'D LIKE TO SEE WHAT IT LOOKS LIKE. I, YEAH. SAMPLES. I'D LIKE TO SEE SAMPLES OF IT. VERY GOOD. I THINK THAT WOULD BE HELPFUL. ABSOLUTELY. I HAVE ONE QUESTION THAT I'M ASKING EVERYBODY TODAY, AND YOU DIDN'T, OTHER THAN THE TWO RESIDENTS, UM, UM, THAT SPOKE UP AGAINST THE PROJECT, ARE THERE ANY OTHER, UH, NEIGHBORS THAT YOU WERE IN CONTACT WITH THAT WERE NOT WILLING TO, UH, UM, RECOMMEND THE PROJECT, UM, THAT RENU REMUNERATION WAS OFFERED OR ACCEPTED? DID YOU HAVE ANY OTHER NEIGHBORS THAT DID NOT? I'M NOT FAMILIAR WITH REMUNERATION. CAN YOU PAYMENT OH NO. FOR RECOMMENDATION? ABSOLUTELY NOT. OKAY. UM, SO WE DID MEET WITH BRUCE FISH, THE PRESIDENT OF THE CONDO ASSOCIATION AT 4 0 1 BLUE. OH HIM, WELL, . UM, AND SO WE DID NOT SPEAK WITH HIM. SORRY, DID NOT SPEAK WITH HIM. OKAY. I WAS JUST GONNA SAY FOR OUR RECORD, WE MET WITH HIM UPON RECEIVING HIS LETTER AND WE ALSO MET WITH THE NEIGHBOR CARLOS BARZA. WE ARTICULATED TO THEM MANY OF THE SAME POINTS THAT WE ARTICULATED TODAY. YEAH. NO NEED TO REHASH THOSE. UM, SO THAT'S BASICALLY WHAT, SO OTHER THAN BRUCE FISH FROM 4 0 1 BLUE AND THEN THE TWO RESIDENTS THAT SPOKE TODAY, THERE'S BEEN NO OTHER CONTACT WITH ANY OTHER NEIGHBORS FROM MY, YEAH, FROM MY EXPERIENCE, NO. YEAH. AND MY PRINCIPALS CONFIRM. THANK YOU. OKAY. SO ANY OTHER DESIGN ISSUES THAT WE WANT RE UH, DISCUSSED AND BROUGHT BACK IF HE CONTINUES THIS? YEAH, I, I JUST THINK THE SAMPLE IS A LITTLE BIT MORE RENDERINGS WOULD BE GOOD. YES. THAT WOULD BE HELPFUL. ESPECIALLY THAT MATTER. YEAH, ABSOLUTELY. I WILL SAY, UM, SINCE WE'RE ALL HERE IN THE SUNSHINE, WE WILL BE REACHING OUT TO EACH OF YOU INDIVIDUALLY. AND I KNOW TYPICALLY SOME BOARD MEMBERS DON'T LIKE TO SPEAK ON AN ITEM PRIOR TO, AND WE RECEIVE SOME OF THOSE RESPONSES, BUT IT WOULD BE REALLY HELPFUL TO US IF WE COULD ACTUALLY GET SOME TIME ON YOUR BUSY CALENDAR. SO AFTER THIS WE WILL DEFINITELY REACH OUT AND SEE IF WE CAN HAVE INDIVIDUAL CONVERSATIONS WITH YOU ALL AND INDIVIDUAL CONVERSATIONS. AND I, FOR ONE, PLEASE DO NOT TAKE THIS AS A FORM OF DISRESPECT, BUT I WILL NOT SPEAK TO ANY, CAN ANY PRESENTER BEFORE THE MEETING. ABSOLUTELY UNDERSTAND. IF SOMEBODY CALLS ME AND I PICK UP THE PHONE, 'CAUSE IT'S SOMEBODY I KNOW AND BY MISTAKE, I TALK TO THEM. BUT I USUALLY WILL RESPOND. I WILL READ WHATEVER IS SENT AND I WILL RESPOND SAYING THANK YOU FOR THE INPUT AND I WILL DO EVERYTHING IN FRONT OF THIS BOARD. AND I USUALLY, LIKE ALL THE OTHER BOARD MEMBERS, RECEIVE THE AGENDA VIRTUALLY OR BY EMAIL THE WEEK BEFORE THE MEETING AND IN PAPER FORM THE WEEK OF THE MEETING. BUT I WANT EVERYTHING I SAY AND EVERYTHING I HEAR TO BE IN FRONT OF THE BOARD MEMBERS THAT SIT HERE WITH ME. NO, NOT RIGHT NOW. YOU WILL BECAUSE THIS RELATES TO THE MATTER. OH, I THINK WHEN YOUR ITEM COMES UP, PUBLIC COMMENT WAS, UH, RELATED TO THE ETHICAL ISSUES THAT YOU'RE ACTUALLY MENTIONING. I SHOULD SPEAK. SO YOU CAN'T SPEAK NOW? I THINK WE, LET'S FINISH THIS ITEM. I MEAN, YOU'RE ACTUALLY TOUCHING THE POINT RIGHT NOW. I'VE BEEN WAITING SINCE THE MORNING. OKAY. ACTUALLY, WE, WE, WE CAN'T, THERE'S THIS, WE, YOU HAVE TO BE SWORN IN. WE, I'VE ASKING ON THE AGENDA AND HE HASN'T RESPONDED. SO THERE'S DIFFICULT PROBLEMS ABOUT THIS ITEM. IS 69 45 RELATED TO THE LAGO COUNTRY? NO, THAT'S NOT, THAT'S FOR THE BOARD RIGHT NOW. AND WE'RE IN MIDDLE OF ANOTHER ITEM, SO WE'LL DEAL WITH THAT. THE POINT THAT I NEED TO MAKE MY POINT, NO, THAT HAD NOTHING TO DO WITH LAGO. BASICALLY, THIS IS NOT ABOUT LA THIS IS ABOUT ETHICAL ISSUES AND HOW THE BOARD MEMBERS ARE ACTUALLY, UH, IT'S ENTWINED AND NOT MAKING DISCLOSURES. AND BASICALLY I I'M GETTING HURT BY THAT. UH, AND, AND THERE ARE MULTIPLE CONFLICTS OF INTEREST THAT MEYER HAS AND SHE HAS, WE'RE OKAY. WE'RE NOT, LET ME, LET ME STOP YOU RIGHT HERE. YES. IN ORDER FOR ME TO LISTEN TO THE LARE ITEM AT THE LAST MEETING. YES. IT WAS FIRST REVIEWED BY THE STATE ETHICS ATTORNEY, COUNTY ETHICS ATTORNEY AND CITY ETHICS ATTORNEY. SO THERE WAS NO CONFLICT FOR ME OR, OR, OR ANY OTHER MEMBER, I THINK. OKAY. BUT THIS ITEM OF LAGOS IS NOT BEFORE US TODAY. WHAT IS BEFORE US TODAY ARE THE ITEMS ONLY AGENDA [02:45:01] AND OUT OF, UM, PRECAUTION BECAUSE IT'S HAPPENED IN OTHER NEIGHBORHOODS. UM, I AM ASKING HAVE YOU HAD INTERACTION WITH ANY OTHER NEIGHBOR? SO WE NEED TO FINISH THIS ITEM THAT WE HAVE BEFORE TODAY, ABBOTT AVENUE, AND THEN PROCEED WITH THE OTHER TWO ITEMS. I THINK, SIR, IF YOU WANT TO SPEAK WITH ROGELIO, WE DO SO AT THIS END OF THIS MEETING WITH MR. STEVE FROSTING, BUT THIS ITEM OF LAGOS IS NOT ON THE ITEM TODAY. AND I HOPE THAT YOU DO APPEAL AND THAT YOU DO COME BEFORE THIS BOARD LATER ON. SO LET'S TAKE A VOTE. YOU ASK FOR A CONTINUANCE? YES, PLEASE. OKAY. DO WE HAVE A MOTION FOR A CONTINUANCE? I CAN MAKE A MOTION NOW SINCE I'M NO LONGER CHAIR. OKAY. DO WE NEED TO SET A DATE FOR THE CONTINUANCE OR NO? WE'D LIKE THE NEXT MEETING IF POSSIBLE. OKAY. OKAY. NOVEMBER MEETING. AND YOU'RE CLEAR WITH, WE'D LIKE TO SEE THE SAMPLES, YOU'D LIKE TO HAVE CONVERSATIONS ABOUT WHAT WE CAN DO TO MAKE SURE THE WHOLE TOP OPERATIONS, WHAT, WHAT'S PRINTED ON THE METAL ON THE FACADE? WAIT, I DIDN'T HEAR THAT. SAMPLE OF THE PERFORATION METAL. YES. YES. AND THEN WHAT'S PRINTED ON THAT IN THE COLOR PALETTE? YES. AND THEN, AND MAYBE WHAT'S ON THE NORTH SIDE OF THE BUILDING, WHAT IS THERE? THE TEXTURED PAINT SAMPLE? YEAH. OR IF IT, THERE'S A GRADIENT OR SOMETHING GOING ON THERE. YEAH. DOES ANYBODY HAVE ANY OTHER, IN ADDITION TO THE HOTEL OPERATIONAL PLAN, WHICH WILL ADDRESS THE, UM, CONCERNS THAT WE'VE RAISED, VERY VALID CONCERNS. ARE THERE ANY OTHER ILLUSTRATIONS OF THE PASEO TOO YOU COULD PROVIDE? YES. UH, THOSE WERE DONE IN RESPONSE TO THE RECOMMENDATION. SO WE REALLY PUT THOSE TOGETHER BECAUSE WE WANTED TO BE PROACTIVE ABOUT GIVING YOU WHAT YOU WANT. WE WERE HAPPY TO TAKE MORE TIME AND IN THESE CONVERSATIONS REALLY WORK ON SOMETHING THAT THE CITY WANTS TO SEE IN CONVERSATION WITH OUR NEIGHBORS AS WELL. ALRIGHT. DO WE HAVE A SECOND? YEAH, I'LL SECOND, SECOND, SECOND. ALL IN FAVOR? CONTINUOUS. AYE. THIS WILL BE CONTINUED TO THE NOVEMBER MEETING THEN. THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU. OUT THE, WHO MADE THE SECOND? LAURA? LAURA. LAURA, LAURA. A BREAK. I MADE THE MOTION FOR THE SECOND. CAN WE TAKE A FIVE MINUTE BREAK PLEASE? A FIVE MINUTE BREAK? YEP. FIVE MINUTE BREAK. PLEASE REACH REPUBLIC RECORD PLEASE. STAND BY. WE ARE GOING ON AIR IN 5, 4, 3, 2, 1. OKAY, THE NEXT ITEM IS THE [6. DRB25-1112, 50 WEST DILIDO DRIVE.] RRB 25 11, 12 50 WEST OLIGO DRIVE. THIS APPLICATION HAS BEEN FILED REQUESTING DESIGN REVIEW APPROVAL FOR THE NEW CONSTRUCTION OF A TWO STORY RESIDENCE, INCLUDING ONE OR MORE WAIVERS TO REPLACE AN EXISTING HOUSE. OKAY, SO THIS IS, UH, AN APPLICATION FOR THE CONSTRUCTION OF A NEW TWO STORY HOME ON WEST TOLEDO DRIVE. UM, THE HOME, UH, IS REQUESTING, UH, A WAIVER AND THAT'S WHY THEY'RE BEFORE THIS SIGN REVIEW BOARD. THE WAIVER IS FOR AN ADDITIONAL, UH, THREE FEET IN HEIGHT. UM, THE SITE IS A LARGE SITE. IT IS A 21,973 SQUARE FOOT SITE. THE HOME IS ADJACENT TO, UM, AN EASEMENT, UM, ON THE NORTH SIDE, I BELIEVE ON THE NORTH SIDE OF THE ISLAND. UM, SO IT REALLY DOESN'T HAVE A NEIGHBOR, A BUDDING TO THE NORTH. UM, THIS EASEMENT IS AN, IS A JUST AN OPEN GRASSY AREA THAT THE, THE CITY IS PUTTING A SEAT WHILE THEY'RE IN IS REDOING THE SITE. UM, IS THAT A UTILITY EASEMENT? I BELIEVE IT'S FOR UTILITIES. UH, YES. IT, IT ALMOST FEELS LIKE A STREET END, BUT IT'S, IT'S, IT'S NOT A STREET END. UM, AND SO THAT, UM, SO THEY DON'T HAVE A NEIGHBOR TO THE NORTH. UM, AS A RESULT, THE SITE HAS THE BUILDING, THE HOME HAS BEEN PUSHED AS CLOSE AS POSSIBLE TO THAT AREA, UM, IN ORDER TO PROVIDE FOR A LARGER SETBACK ON THE SOUTH SIDE OF THE PROPERTY. UM, WHERE THEY DO HAVE A A, A WHERE THEY, WHERE THEY ARE ADJACENT TO A HOME. UM, THE HOME IS BEING DESIGNED IN A CONTEMPORARY STYLE. UM, THE FACADE HAS, UM, UM, HIGHLIGHTS, MATERIALITY AND TEXTURE HAS MODERN ARCHITECTURAL FEATURES. IT'S CLAD IN, ITS IN A TRAVERTINE AND BOARD FORM CONCRETE. UM, THE HOME HAS, UM, WALLS THAT ARE BROKEN, BROKEN UP BY BANDS OF WINDOWS AND VERTICAL WOOD LOUVER ACCENTS. UM, AND THEN IT HAS PROJECTING EAVES, FLOOR SLABS AND TRELLIS THAT ARE EDGED WITH A BLACK ALUMINUM, UM, UH, BLACK ALUMINUM, UH, METAL. UM, IT HAS VERY LUSH LANDSCAPING, UM, ON THE PROPERTY. UM, STAFF DID MEET WITH THE APPLICANT, UM, A FEW WEEKS AGO. UM, AND UM, AS A RESULT OF CONCERNS THAT WERE RAISED DUE TO AN ADJACENT PRO TO THE ADJACENT PROPERTY, THE APPLICANT HAS AGREED TO INCORPORATE, UH, SOME ENHANCED LANDSCAPING IN ORDER TO MINIMIZE THE POTENTIAL IMPACTS AS A RESULT OF THIS WAIVER. UM, THE, UM, AND SO AS A RESULT OF THAT, WE INCLUDED A CONDITION IN THE DRAFT ORDER REGARDING REQUIRE A REQUIREMENT [02:50:01] FOR THE ENHANCED LANDSCAPING. UM, ALONG THAT, ALONG THAT EDGE TO FURTHER SCREEN THE PROPERTY. UM, I WOULD SAY WITH THE, WITH THE WAIVER BEING GRANTED, THE HOME IS STILL LOWER THAN WHAT THEY COULD HAVE DONE IF THEY WERE PROPOSING AN UNDERSTORY HOME. UM, SO EVEN THOUGH THEY ARE GETTING A THREE FOOT WAIVER, THIS IS A CONVENTIONAL HOME, THE HEIGHT LIMIT FOR CONVENTIONAL HOMES IS LOWER THAN WITH A, WITH AN UNDERSTORY HOME. UM, SO THE HEIGHT THAT IS ACTUALLY BEING REQUESTED IS LOWER THAN WHAT THEY COULD OTHERWISE DO AS OF RIGHT. UM, BUT BECAUSE THEY'RE REQUESTING THE THREE FOOT WAIVER, UM, THEY HAVE TO COME BEFORE THE DRV, UM, THE, UM, OTHER THAN THAT STAFF IS, UM, ALRIGHT, I'M, I'M SORRY. SO IT'S THREE FOOT HIGHER THAN A CONVENTIONAL HOME, BUT YET LOWER THAN AN UNDERSTORY? CORRECT. OKAY. CORRECT. UM, SO WITH THAT, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER. OKAY. AND BEFORE WE START, ARE THERE ANY DISCLOSURES FROM THE BOARD? NO. OKAY. UH, 10 MINUTES I HEARD, I HEARD FROM A NEIGHBOR AND I HEARD FROM THE APPLICANT'S ATTORNEY BRIEFLY AND I RECEIVED NUMEROUS COMMUNICATIONS, UM, FROM, UM, RESIDENTS, I GUESS NEIGHBORS AND A PHONE CALL FROM A, A FRIEND WHO'S ALSO A NEIGHBOR SAYING THAT THIS WAS A GOOD PROJECT AND THAT THIS EASEMENT, UTILITY EASEMENT WAS IMPORTANT FOR THE NEIGHBORHOOD. THANK YOU. OKAY. UH, GOOD AFTERNOON, MR. CHAIRMAN, BOARD MEMBER OF STAFF MICHAEL LARKIN HERE REPRESENTING THE APPLICANT WITH ME TODAY. ASANGE JAVARI. HE IS THE OWNER OF THE PROPERTY. CODY THAMAN IS OUR ARCHITECT. BART RAINS OUR GENERAL CONTRACTOR. CARLINA MONTERO IS OUR LANDSCAPE ARCHITECT AND I'M ALSO HERE ON MY PARTNER MATT AMSTER AND MY COLLEAGUE MARK RO, UH, PJ CAN YOU PULL UP THE SLIDE PLEASE? THANK YOU. NEXT SLIDE, MATT. NEXT SLIDE. SO THE PROPERTY IS LOCATED ON THE SOUTHERN HALF TOLEDO ISLAND ON THE WESTERN SIDE. IT'S ABOUT A HALF ACRE IN SIZE, WHICH IS A VERY LARGE PROPERTY FOR THE VENET NILES, WHERE THE TYPICAL LOT SIZE ABOUT 10,000, 11,500 SQUARE FEET. NEXT SLIDE. THE PROPERTY HAS RS THREE ZONING. IT IS ACTUALLY A LARGER, MUCH LARGER LOT THAN WHAT RS THREE ZONING TYPICALLY IS. IT'S MORE AKIN TO RS TWO ZONING. IT EXCEEDS A MINIMUM LOT SIZE OF RS TWO ZONING. RS TWO ZONING IS RS STATE ZONING. IT'S MOSTLY FOUND ON LAGOS ISLAND, UPPER SECTION OF NORTH A ROAD AND CERTAIN SECTIONS OF PINE TREE DRIVE. NEXT SLIDE. STAFF IS RECOMMENDING APPROVAL OF THE APPLICATION ALONG WITH ALL OF OUR REQUESTS. WE'RE NOT SEEKING TO MODIFY ANY OF THE CONDITION OF APPROVAL SET FORTH IN THE STAFF RECOMMENDATION. NEXT SLIDE. THE STAFF RECOMMENDATION IS SUBSTANTIAL COMPETENT EVIDENCE. THIS IS MEANINGFUL BECAUSE WE'RE IN A QUASI-JUDICIAL HEARING AND YOU ALL ARE SITTING AS JUDGES. YOU NEED EVIDENCE TO SUPPORT YOUR DECISION. WHAT THE COURTS HAVE SAID IS THAT THE RECOMMENDATIONS OF LOCAL GOVERNMENT ARE SUBSTANTIAL COMPETENT EVIDENCE HERE. WHAT STAFF DID THEY APPLY THE DESIGN REVIEW CRITERIA TO OUR PROPOSED HOME. AND THEY ASKED ONE QUESTION, IS IT COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD? IS IT COMPATIBLE WITH THE ADJACENT NEIGHBORS? AND STAFF IS ANSWER THAT QUESTION WHETHER RESOUNDING YES IT IS. SO YOU ALSO TAKE COMFORT OF THE FACT IF YOU'RE GONNA RECOMMEND IN FAVOR AND APPROVE OUR APPLICATION TODAY, YOU'RE DOING SO ON A SOUND BASIS BECAUSE THE STAFF RECOMMENDATION IS SUBSTANTIAL COMPETENT EVIDENCE. NEXT SLIDE. WE'RE ASKING FOR TWO WAIVERS WHERE HELIO DESCRIBED THE FIRST ONE. IT SAYS ADVERTISED SEEKING WAIVERS. SO THE FIRST ONE IS AS A GENERAL RULE IN THE RS THREE ZONE IS 24 FEET FOR A FLAT ROOF, WE'RE ASKING FOR AN ADDITIONAL THREE FEET. THE CITY COMMISSION COULD HAVE CHARGED YOU ALL WITH A 10 FOOT WAIVER, WHICH WOULD BE AN ADDITIONAL STORE, EVEN FIVE FEET, BUT THEY DECIDED THAT THREE FEET WAS MODEST. IT'S NOT PERCEPTIBLE FROM THE STREET, BUT IT'S INCREDIBLY MEANINGFUL TO THE OWNER. WITH REGARD TO THE SECOND WAIVER REQUEST, THE WAY IT WORKS WITH WALLS ALONG THE INTERIOR PROPERTY LINES IS THAT THEY CAN BE SEVEN FEET IN HEIGHT, BUT THE FIRST FOUR FEET MUST BE SOLID. AFTER THAT THERE MUST BE ALUMINUM PICKET FENCE. BASED UPON THE CONCERNS WE HEARD FROM THE NEIGHBOR TO THE SOUTH, WE WENT AHEAD AND ASKED FOR A COMPLETELY SOLID WALL AT SEVEN FEET FROM FUTURE ADJUSTED GRADE. THAT'S SIGNIFICANT HEIGHT. HE HAD ACTUALLY ASKED FOR EIGHT FEET, WHICH WOULD REQUIRE A VARIANCE. I THINK EIGHT FEET IS A LITTLE BIT UNREASONABLE. A SEVEN FEET SOLID WALL FROM FUTURE ADJUSTED GRADE SHOULD ADDRESS HIS CONCERNS. NEXT SLIDE. FOR 30 YEARS, THE PRIOR OWNER, UH, BLOCKED ACCESS TO THE WATER FOR THE INTERIOR LOT OWNERS, THE ORIGINAL DEVELOPER, THE VENETIAN ISS ON INCLUDED IN EVERY VENETIAN AISLE. THESE, I CALL THEM STREET ENDS OR HELIO, MIGHT DISAGREE WITH ME, BUT THEY'RE STREET ENDS. SO THE INTERIOR LOT OWNERS CAN HAVE WATERFRONT ACCESS AND HAVE VISTAS OF HIS CA BAY. THE PRIOR OWNER DISAGREED WITH THAT APPROACH AND HE ERECTED A FENCE AND HE BLOCKED ACCESS FOR OVER 30 YEARS. THIS IS A CONSTANT SOURCE OF CONCERN AND CONSTERNATION FOR THE INTERIOR LOT OWNERS ON TOLEDO ISLAND. AS YOU CAN SEE FROM THE SURVEY HERE, THIS IS HOW IT [02:55:01] USED TO LOOK WITH THE PAVERS. HE USED IT AS A DRIVEWAY. THEN THE SMALLER LINE INDICATES THE THE PICKET FENCE. NEXT SLIDE. THIS IS HOW IT LOOKED BEFORE. NOTE THE PAVERS NOTE THE BLACK ALUMINUM PICKET FENCE IN THE REAR TO COMPLETELY BLOCKING ACCESS FOR THE INTERIOR LOCK OWNER. SO THE WATER. NEXT SLIDE. WHEN SANJAY PURCHASED THE PROPERTY, HE CALLED ME AND SAID, MICHAEL, I DON'T KNOW WHAT REALLY TO DO ABOUT THIS SITUATION. UM, THERE'S A FENCE ON THE STREET END. I DON'T OWN THE STREET END, I'M NOT SURE. AND BEFORE I HAD THE CHANCE TO ANSWER HIM, HE WENT AHEAD AND INSTRUCTED BART TO REMOVE THE FENCE AND PICK UP THE PAVERS BECAUSE HE BELIEVES THAT HE'S THE NEW KID ON THE BLOCK AND HE WANTS TO GET ALONG WELL WITH THE NEIGHBORS. IT DID NOT SIT WELL WITH HIM THAT HE WOULD BE A CONTINUING SOURCE OF CONTROVERSY FOR THE NEIGHBORHOOD. SO NOW IT'S COMPLETELY OPEN FOR ALL THE INTERIOR LAW OWNERS TO TRAVERSE THE STREET INN AND ENJOY THE VIEWS OF BISCAY BAY. NEXT SLIDE. THIS IS A SURVEY THAT PROVES WHAT I'M SHOWING. IT'S A RECENT SURVEY THAT SHOWS THE REMOVAL OF THE PAVERS AND THE REMOVAL OF THE PICKET FENCE. NEXT SLIDE. SOME INTERIOR LAW OWNERS ASK THAT WE PROFFER A CONDITION THAT SAID THIS WILL NEVER HAPPEN AGAIN. WE'RE HAPPY TO DO SO. IT'S OBVIOUS YOU CAN READ THE CONDITION. WE WON'T ERECT DEFENSE AGAIN. UM, AND IF YOU INCLUDE THIS CONDITION IN THE ORDER RUNS WITH THE LAND, IT DOESN'T DEPEND UPON THE OWNERSHIP. SO WE'RE VERY HAPPY TO PROFFER THIS CONDITION AT THE REQUEST THAT SOME OF THE INTERIOR LOT OWNERS. NEXT SLIDE. NEIGHBORHOOD OUTREACH IS VERY IMPORTANT TO SANJAY. HE ASKED US TO DO IT. HE DID SOME HIMSELF. WE'RE HAPPY TO GIVE YOU EIGHT LETTER OF SUPPORT. I THINK THERE ARE PROBABLY OTHERS IN THE DIGITAL HEARING FILE, BUT WE REALLY TRIED VERY HARD TO GET AS MUCH SUPPORT AS WE COULD FROM THE OWNERS ON THE SOUTHERN HALF OF TOLEDO ISLAND. WITH REGARD TO MR. KRIEGER, OUR NEIGHBOR TO THE SOUTH WHO IS OBJECTING. I REACHED OUT TO HIM AT THE END OF JULY AND I HAD A FIRST MEETING WITH HIM. HE EXPRESSED SOME CONCERNS, BUT I THOUGHT I WOULD BE ABLE TO ADDRESS THOSE CONCERNS THE NEXT DAY. HE INFORMED ME HE HIRED BOB DE LA FUENTE TO REPRESENT HIM. HE WAS GOING TO FIGHT THE APPLICATION. I THOUGHT THAT WAS ABRUPT, BUT I THINK BOB'S A GOOD GUY. I COULD HAVE WORKED WITH HIM A COUPLE OF DAYS LATER. I WAS INFORMED THAT BOB WAS NOT GOING TO REPRESENT MR. KRIEGER SOME WEEKS PAST. UM, MR. RILEY THEN BECAME THE ATTORNEY FOR MR. KRIEGER. I ALSO KNEW MR. RILEY. I ASKED MATT TO DISCUSS THE MATTER OF MR. RILEY. THEY MET NO LESS THAN SIX TIMES OVER ZOOM, TALKING ABOUT DIFFERENT, UH, WAYS TO ACCOMMODATE MR. KRIEGER. UH, I INTENTIONALLY PUSHED THIS APPLICATION FROM THE SEPTEMBER AGENDA TO OCTOBER TO GIVE US MORE ROOM TO TRY TO REACH AN AGREEMENT. BASED ON THOSE DISCUSSIONS, WE AGAIN AGREED TO ENHANCE THE LANDSCAPING VOLUNTARILY WITHOUT THE BENEFIT OF AN AGREEMENT, AND WE AGREED TO SEEK THE WAIVER WITH REGARD TO THE MATERIALS USED ON THE WALL. UH, MR. KRIEGER HAD AN ADDITIONAL CONCERN ABOUT WHERE OUR SUMMER KITCHEN IS SITUATED CLOSER TO HIS PROPERTY. HE ASKED ME WHETHER SANJAY WAS A SINGLE MAN. I SAID YES, AND THEN HE UNDERSTOOD THAT SANJAY WAS A MAN OF SOME MEANS, AND HE WAS WORRIED THAT SANJAY WOULD THROW WILD PARTIES AND DISRUPT HIS PEACE AND QUIET. I TRIED TO CONVEY TO HIM THAT SANJAY'S A VERY SERIOUS AND SOMBER GUY, AS YOU WILL SEE WITH HIS TESTIMONY TODAY, BUT IT WASN'T ABLE TO MAKE MUCH HEADWAY. BUT IT'S IMPORTANT TO NOTE THAT SANJAY ACTUALLY FOR THE LAST TWO YEARS, LIVED ON THE SOUTH SIDE OF MR. KRIEGER. HE RENTED A HOME THERE, AND I DON'T THINK MR. KRIEGER'S AWARE OF THAT. AND THERE WAS NEVER ANY NOISE THAT YOU ASKED, SANJAY, DID CODE ENFORCEMENT EVER COME TO YOUR FRONT DOOR AND ASK YOU TO TURN DOWN THE MUSIC? AND SANJAY IS LIKE, WHAT? MUSIC? I DON'T HAVE ANY PARTIES. THIS IS NOT THE WAY I AM. SO WE BELIEVE THAT THAT CONDITION IS UNREASONABLE. THERE WAS ANOTHER REQUEST MADE OF US THAT IS LINKED TO A THEORY THAT MR. KRIEGER HAS WITH REGARD TO A DEVALUATION OF HIS PROPERTY. BASED UPON THE APPROVAL OF OUR PROJECT, WE DON'T BUY INTO THE DEVALUATION THEORY AT ALL. THEREFORE, WE DID NOT ENTERTAIN THAT REQUEST. WITH THAT, I'D LIKE TO TURN IT OVER TO CODY'S AND WALK YOU ALL THROUGH THE REST OF THE PRESENTATION. I THINK YOU'LL NEED MORE THAN MORE THAN TWO MINUTES, I THINK. SO, MR. CHAIR, BEFORE WE START, HOW MUCH? YEAH, HOW MUCH TIME DO YOU NEED? UH, PROBABLY EIGHT TO 10 WOULD BE IDEAL. OKAY. LET'S GIVE HIM EIGHT, EIGHT MORE AND SEE IF WE CAN GET IT. 10. ALRIGHT. CODY THAMAN, THAMAN ARCHITECTURE AND DESIGN, 2 4 1 4 CORAL WAY, MIAMI, FLORIDA. WE HAVE PUT AN EXTENSIVE AMOUNT OF WORK INTO THIS PROJECT. THIS IS THE OWNER'S DREAM HOME, AND WE'VE REALLY WORKED TO METICULOUSLY CRAFT THIS HOME INTO SOMETHING THAT'S GONNA BE REALLY SPECIAL FOR HIM AND HIS FAMILY. AS YOU CAN SEE HERE, WE HAVE SOME EXISTING IMAGES OF THE LOT. AS MICHAEL MENTIONED, THAT STREET END HAS BEEN DEMOED RE-BROUGHT TO THE PUBLIC FROM THE AERIAL VIEWS WITH THE DEMOLISHED LOT. THERE'S NOW A, UH, A VACANT LOT, WHICH WE INTEND TO BUILD THIS BEAUTIFUL HOME ON EITHER SIDE OF THE NORTH AND SOUTH. THERE EXISTS VERY DENSE LANDSCAPING ON BOTH ADJACENT PROPERTIES. WE'VE WORKED A LOT TO GO THROUGH THE NEIGHBORHOOD CONTEXT AND MAKE SURE THAT WHAT WE'RE PROPOSING [03:00:01] IS FITTING WITHIN THE NEIGHBORHOOD. SO I'LL GET THROUGH A LITTLE BIT MORE OF THAT IN A MOMENT. BUT WE'VE BEEN VERY DILIGENT ABOUT ANALYZING THE NEIGHBORHOOD AND THE RELATIONSHIP TO THE NEIGHBORHOOD. FROM A SITE PLANNING PERSPECTIVE, WE'VE REALLY TAKEN GREAT CARE TO MAKE SURE THAT THIS LOT AND THIS HOME IS, IS FORMULATED ON THE LOT IN A VERY COHESIVE MANNER. UH, AS MICHAEL MENTIONED, WE'VE AND RO ROGELIO MENTIONED, WE'VE REALLY PUSHED THE HOUSE AS FAR TO THE NORTH AS AS POSSIBLE. SO WE'VE UTILIZED THE 10% SIDE SETBACK ON THE NORTH SIDE, WHICH ABUTS THE STREET END. UM, SO WE HAVE A 12 FOOT SETBACK ON THAT SIDE, WHICH ULTIMATELY GREW OUR SOUTH SIDE SETBACK. SO NOW WE HAVE 18 FEET ON THE SOUTH SIDE. IN ADDITION TO THIS, THE MASS OF THE HOME IS REALLY CONFIGURED, CENTRALIZED ON THIS LOT. AND YOU'LL SEE HERE AT THE FRONT OF THE HOME IS A A, A GARAGE AND A GYM, BOTH OF WHICH ARE LOWER STUNG, ONE STORY STRUCTURE. SO THE IDEA IS THAT THIS HOME FROM THE STREET IS REALLY A, A MINIMIZED IN SCALE WITH THOSE ONE STORY ELEMENTS. ADDITIONALLY, AT THE NORTH SIDE IS WHERE WE, UH, PROPOSED A GOOD MASS OF THE HOME. SO ON THE SOUTH SIDE, THAT MASSING OF THAT TWO STORY STRUCTURE IS, IS WAY LESS SIGNIFICANT THAN WE WHAT WE PROPOSED AT THE NORTH. HERE YOU CAN SEE AT THE SECOND FLOOR, WE, THAT MASS ON THE NORTH SIDE IS WHERE WE HAVE THE BULK OF THE MASS OF THE HOME. ADDITIONALLY, THAT SECOND FLOOR SETBACK, I THINK WE HAVE 78 FEET FROM THE STREET ON THE NORTH SIDE AND CLOSE TO 75 FEET ON THE SOUTH. SO WE ARE SIGNIFICANTLY SETBACK FROM CODE REQUIRED SECOND FLOOR SETBACK. UM, SO WE REALLY WANTED TO DO THAT TO MAKE SURE THE MASS OF THE HOME IS REALLY CENTRALIZED ON THE, ON THE LOT AND NOT OVERBEARING ON THE STREET. AT THE ROOF DECK, WE'RE PROPOSING A ROOF DECK, WHICH AGAIN, IS CENTRALIZED ON THE LOT. UH, WE ARE CODE COMPLIANT WITH MAKING SURE THAT WE'RE AT LEAST 10 FEET AWAY FROM THE SIDES, AND WE ARE ACTUALLY MORE THAN THAT. UH, ELEVATOR CORE IS ALSO CENTRALIZED AS WELL. THE DESIGN OF THE HOME, IT'S, UM, IT'S VERY, VERY SPECIAL, UM, TO ME, TO THE OWNER. WE'VE REALLY WORKED TO REDUCE THE PERCEIVED SCALE OF THE HOME WITH THESE THINNER EAVE ELEMENTS, WHICH WE'RE PROPOSING IN A BLACK ALUMINUM. UH, WE HAVE TASTEFULLY INPUT FEATURE WALLS IN BOARD FORM CONCRETE, WHICH WILL BE A MUCH MORE TEXTURAL ORGANIC FEELING MATERIAL THAT SERVES AS A BEAUTIFUL CANVAS FOR THE DENSE VEGETATION. YOU CAN ALSO SEE HERE FROM THE STREET HOW WE HAVE THOSE LOWER SLUNG ONE STORY PORTIONS OF THE GARAGE AND THE GYM THAT ARE CLOSER TO THE STREET WITH THE SECOND FLOOR SIGNIFICANTLY SET BACK. UH, WE'RE ALSO PROPOSING PROPOSING EPE WOOD SOFFITS, UH, TO REALLY WARM UP THE ARCHITECTURE AS WELL AS PRIVACY SCREENING WITH THE LOUVERS. UH, AND THEN AMPLE GLAZING TO BRING IN A LOT OF LIGHT INTO THE HOME. YOU CAN SEE HERE AS WELL, ONCE YOU STEP INTO THE PROPERTY, WE'VE REALLY WORKED, UH, ALONG WITH THE LANDSCAPE ARCHITECT TO HAVE THE, THE WATER FEATURES, THE LANDSCAPE REALLY BLEED INTO THE HOME. SO THERE'S A LOT OF ARTICULATION, THE MASSING WITHIN THE FACADE. WE REALLY WANT THIS HOME TO FEEL INDOOR AND OUTDOOR. SO WE ACTUALLY HAVE LANDSCAPE ELEMENTS, WATER FEATURES THAT SEEMINGLY BLEED INTO THE HOME AND REALLY DISRUPT THAT. THE MASS OF THE HOME FROM THE REAR. OBVIOUSLY THE MAIN COMPONENT OF THIS RESIDENCE IS A BEAUTIFUL VIEW TO DOWNTOWN. YOU CAN SEE THERE AT THE NORTH SIDE WE HAVE THAT TWO STORY PORTION, WHICH IS LARGER. AND THEN AT THE SOUTH SIDE, UH, THAT HAS BEEN MITIGATED AND REDUCED QUITE A BIT. SO SIMILAR MOTIF TO THE FRONT OF THE HOME, WHICH IS THE, THE BLACK ALUMINUM THINNED OUT EDGES, WHICH WE'VE MADE THINNER AND DROPPED DOWN A LITTLE BIT FROM OUR MAXIMUM HEIGHT IN ORDER TO REDUCE THE PERCEIVED SCALE OF THE HOME. AND THEN A LOT OF GLAZING TO TAKE ADVANTAGE OF THE VIEWS AS WELL AS THE, THE POOL AND THE LANDSCAPE THAT BLEEDS INTO THE RESIDENCE. MATERIALITY I TOUCHED ON, WE'RE USING THE EPE WOOD FOR THE SOFFITS TO REALLY WARM THAT UP AS WELL AS THE, THE PRIVACY SCREENING WITH THE LOURES, THE BOARD FORM CONCRETE, WHICH IS VERY BEAUTIFUL MATERIAL WITH THE VEINING AND THE GRAIN OF THE WOOD. ONCE THAT'S STRIPPED, AGAIN, JUST THAT BEAUTIFUL CANVAS FOR THE LANDSCAPE TO REALLY STEAL THE SHOW ON THAT. AS MICHAEL MENTIONED, WE ARE PROPOSING THE THREE FOOT HEIGHT WAIVER. HERE'S A DIAGRAM THAT DEPICTS THAT THREE FOOT ADDITIONAL SPACE ON THIS ELEVATION. YOU CAN SEE HOW WE'VE WORKED TO ARTICULATE THE SIDE FACADES, MAKING SURE THAT WE HAVE AMPLE FENESTRATION COURTYARDS, DENSE LANDSCAPING. UH, IT'S GONNA BE, UH, EVERY, EVERY FACADE OF THIS HOME HAS BEEN REALLY THOUGHT OUT FROM A SECTION PERSPECTIVE. THIS DEPICTS OUR PROPOSED CEILING HEIGHTS, WHICH WE'RE SHOWING AS 11 FEET AT THE GROUND FLOOR AND 10 FEET AT THE SECOND FLOOR. UH, WE'RE ALSO POPPING UP IN CHOICE LOCATIONS TO PROVIDE SOME ACCENT LIGHTING, SOME WARMER MATERIALS AT THE INTERIOR. SO WE REALLY FEEL THAT THIS ADDITIONAL THREE FEET IN HEIGHTS CAN ALLOW THE, THE STRUCTURE TO BREATHE QUITE A BIT MORE, PROVIDE ENOUGH SPACE FOR OUR MECHANICAL, MAKE SURE THERE'S A VERY RESILIENT HOME, MAKE SURE THAT WE HAVE PROPER INSULATION. A VERY, A VERY WELL THOUGHT OUT DESIGN. YOU CAN SEE FROM THE STREET HERE. THIS IS THE, UH, PROPOSED CONTEXT RENDERING. SO YOU CAN SEE AT THE NORTH WE HAVE QUITE A BIT OF LANDSCAPE WITH THE STREET END AS WELL AS THE EXISTING DENSE LANDSCAPE TO THE SOUTH PROPERTY THAT'S ALREADY [03:05:01] EXISTING, WHICH WE'VE GONE THROUGH WITH OUR LANDSCAPE ARCHITECT AND IDENTIFIED AND PROPOSED ADDITIONAL LANDSCAPING ALONG THAT, THAT, UM, THAT PROPERTY LINE. AND THEN FROM THE REAR, YOU CAN SEE HOW THIS HOME WILL REALLY FIT IN NESTLE INTO THE NEIGHBORHOOD. UM, OBVIOUSLY A A SMALLER, UH, EXISTING HOME AT THE NORTH, BUT WE HAVE THAT LARGE BUFFER WITH THE STREET END OF THE NORTH AS WELL AS THE DENSE LANDSCAPING AT THE SOUTH SIDE. AS I MENTIONED, WE'VE SPENT A LOT OF TIME ON THE, THE, THE CONTEXT AND THE RELATIONSHIP OF TOLEDO. SO WE WENT THROUGH, AND THIS IS AN ELEVATION OF OUR HOME, AND THEN QUITE A FEW HOMES TO THE NORTH. AND IF YOU TRACK THAT RED LINE OF OUR PROPOSED HEIGHT DATUM, YOU'LL SEE THAT A GREAT MAJORITY OF THE HOMES EITHER APPROVED OR CONSTRUCTED OR UNDER CONSTRUCTION ARE ALL PROPOSED AT A SIMILAR HEIGHT DATUM OF WHAT WE ARE PROPOSING. AND HERE'S TO THE SOUTH. AND SAME, SAME THING THAT WE HAVE THESE EXISTING AND NEW HOMES THAT ARE BEING CONSTRUCTED THAT ARE SIMILAR TO OUR HEIGHT DATUM IN RED. THIS IS AN ELEVATION OF OUR TWO ADJACENT NEIGHBORS. SO TO THE NORTH WE HAVE THE STREET IN WHICH IS GONNA BE THE LANDSCAPING. UH, WE'RE PROPOSING THE 39 FOOT HEIGHT IN GVD, UM, AS WELL AS THAT SIGN SIGNIFICANT SEPARATION. YOU CAN SEE HOW WE HAVE ON THE SOUTH SIDE 18 FEET BECAUSE WE GREW THAT SETBACK AS WELL AS AS ADDITIONAL FEET BETWEEN THE TWO PROPERTIES, THE BUILDINGS THEMSELVES. SO AT THE SMALLEST PORTION WE'VE GOT 26 FEET, EIGHT BE BETWEEN THE TWO PROPERTIES AS WHICH WILL BE VERY DENSELY LANDSCAPED. HERE IS A, AN EXHIBIT THAT SHOWS IF WE WENT TWO BASE FLOOD ELEVATION PLUS FIVE AND STAYED AT THE 24 FOOT HEIGHT, YOU'LL SEE HERE THAT WE CAN BUILD A HOME THAT'S ONLY ONE FOOT LOWER THAN WHAT WE'RE PROPOSING. AND THIS COULD BE DONE BY RIGHT. AND HERE'S AN EXHIBIT. IF WE WERE TO BUILD AN UNDERSTORY HOME BY RIGHT, WE WOULD BE SIX FEET TALLER THAN WHAT WE'RE PROPOSING. SO EFFECTIVELY WITH A, A LOT GREATER THAN 18,000 SQUARE FEET IN RS THREE, WE WOULD BE GRANTED 31 FEET IN HEIGHT TO BUILD AN UNDERSTORY HOME. AS SUCH, WE WOULD BE SIX FEET HIGHER THAN WHAT WE'RE PROPOSING NOW, WHICH GIVES US SEVEN ADDITIONAL FEET FROM THE 24 FOOT MINIMUM. WE'VE SPOKEN AT LENGTH ABOUT THIS WITH THE CLIENT. THEY WANT A RESILIENT HOME. SO WE'VE OPTED TO GO TO BASE FLOOD ELEVATION PLUS THREE, NOT SO HIGH THAT IT BECOMES OVERBEARING, BUT SOMETHING THAT'S RESILIENT, UM, GOOD FOR HIM OVER THE LONG TERM, BUT HE DID NOT WANT TO BUILD AN UNDERSTORY HOME THAT WOULD BE PERCEIVED AS SO MASSIVE AND GIGANTIC. AND THEN HERE IS JUST AN EXHIBIT OF AN RS TWO ZONED PROPERTY WHERE AN THREE, BUT OUR LOT SIDE IS COMMENSURATE WITH RS TWO. AND YOU CAN SEE HERE THAT IF WE WERE IN AN RS TWO, WE'D BE GIVEN 28 FEET IN HEIGHT, WHICH WOULD BE ONE FOOT TALLER, UH, THAN WHAT WE ARE PROPOSING. THE SIDE YARD OPEN SPACE. YOU CAN SEE HOW WE'VE GOT A LOT OF GREEN SPACE BETWEEN THERE. WE REALLY WANTED TO HIGHLIGHT THE, THE SHEER AMOUNT OF SPACE WE HAVE BETWEEN OUR PROPERTY AND THE PROPERTY TO SOUTH. SO THAT'S ALL GOING TO BE DENSELY LANDSCAPE. WE HAVE A GREAT SEPARATION BETWEEN THE TWO BUILDINGS. AND THEN WE HAVE OUR LANDSCAPE PLAN, WHICH WE HAVE CAROLINA FROM OUR LANDSCAPE TEAM HERE. THIS IS OUR ORIGINALLY PROPOSED LANDSCAPE PLAN. AFTER DISCUSSIONS WITH THE NEIGHBOR, WE'VE OPTED TO ENHANCE THAT LANDSCAPE ALONG THE SOUTH. SO HERE'S OUR NEW PROPOSED LANDSCAPE PLAN, AND THEN HERE IS HIGHLIGHTED IN DARK GREEN. ALL THE ADDITIONAL LANDSCAPE WE'VE ADDED TO, TO PROPOSE AND HELP WITH THE BUFFER BETWEEN THE TWO PROPERTIES. SO YOU CAN SEE WHERE WE HAVE OUR TWO STORY MASS OF OUR STRUCTURE OF BUDDING THE SOUTHERN NEIGHBOR. WE'VE REALLY PLANTED THAT VERY DENSE, SO THEY DON'T PERCEIVE THAT OUR HOME IS NEXT TO 'EM REALLY AT ALL. AND THEN ALSO THEY WERE VERY CAREFUL IN MAKING SURE TO ANALYZE THE EXISTING LANDSCAPE ON THE SOUTH PROPERTY AND INFILLING ANY KIND OF GAPS THAT EXISTS THERE. SO THAT'S, THAT'S BEEN DONE WITH THIS NEW PROPOSED LANDSCAPE PLAN. AS MICHAEL MENTIONED, WE ARE REQUESTING A WAIVER FOR THE, THE WALL HEIGHT. SO YOU CAN SEE THAT THERE, THE THREE FEET, THE FINAL THREE FEET WE'RE PROPOSING AS THE, UH, SOLID WALL IN LIEU OF THE PICKETS. SO THAT'S DEPICTED HERE. AND WE'VE ALSO, AS I MENTIONED, WENT THROUGH AND ANALYZED THIS LANDSCAPE. SO THIS IS A SECTION TAKEN AT THE FRONT OF THE PROPERTY. THERE'S EXISTING BAMBOO AND FISHTAIL PALMS ON THE PROPERTY TO THE SOUTH THAT ARE VERY DENSE AND TALL. SO WE ARE ADDING SOME LANDSCAPE AT THE FRONT IN ORDER TO, UM, ENHANCE THAT. THIS SECTION IS TAKEN AT THE MIDDLE OF THE PROPERTY RIGHT WHERE OUR TWO STORY STRUCTURE IS. AGAIN, EXISTING DENSE LANDSCAPE ON THE SOUTH LOT, AND THEN ALL THE ADDITIONAL LANDSCAPE THAT WE'RE ADDING TO OUR PROPERTY. SO THERE WILL BE A VERY DENSE LANDSCAPE BUFFER BETWEEN THE TWO HOMES. AND THIS IS A SECTION TAKEN AT THE REAR. LOOKING BACK TOWARDS THE FRONT. CAN I HAVE A COUPLE MORE MINUTES? I'M SORRY. HOW MUCH MORE? TWO MORE MINUTES. TWO MORE MINUTES. WE'RE MORE, WE'RE GETTING CLOSE. SO THIS LOOKS BACK TOWARDS THE STREET FROM THE WATER. UH, AND YOU'LL NOTE THAT THERE WERE SOME LANDSCAPE BA UM, GAPS ON THE SOUTH PROPERTY. AS SUCH, WE'VE GONE THROUGH AND MADE SURE TO ADD ADDITIONAL PLANTING TO COVER ALL THOSE SPACES BETWEEN THE MASSING OF THE HOME. AS I MENTIONED, REALLY THE TWO STORY MASSING, THE [03:10:01] LARGER BULK IS AT THE NORTH SIDE OF THE PROPERTY, FAR, FAR AWAY FROM, UH, THE NEIGHBOR TO THE SOUTH AS WELL. AS WE LOOKED INTO THEIR PROGRAM OF THE EXISTING PLANS THAT WE HAVE, THEY DO NOT HAVE A LOT OF FENESTRATION OR IMPACTFUL MOMENTS ON THE INSIDE OF THE HOME THAT LOOK DIRECTLY NORTH TO OUR HOUSE. AS SUCH, WE'VE ALSO WORKED TO MITIGATE AND MAKE THAT SMALLER PORTION OF TWO STORY ABUTTING. THAT PROPERTY HERE, YOU CAN SEE THE SEPARATIONS BETWEEN THE PROPERTY. AT THE SMALLEST, I BELIEVE WE WERE 26 FEET EIGHT, UM, WITH SOME AS HIGH AS 31 7 SEPARATION BETWEEN THE TWO. WE WERE ALSO VERY COGNIZANT OF ALL OF OUR MECHANICAL EQUIPMENT AND UTILITIES. SO ALL, ANY NOISE MAKING EQUIPMENT, ANY EQUIPMENT THAT NEEDS ACTIVE SERVICE HAS ALL BEEN PUT TO THE NORTH SIDE OF OUR PROPERTY. THE ONLY, UH, PIECE OF EQUIPMENT WE HAVE ON THE SOUTH SIDE YARD IS SIMPLY ELECTRICAL PANELS THAT WON'T MAKE NOISE, DON'T HAVE MAINTENANCE, WILL BE LOWER ON THE WALL, WON'T BE PERCEIVED. UM, AS SUCH, OUR GENERATOR CONDENSING UNITS ARE ALL PUSHED SIGNIFICANTLY FURTHER TO THE NORTH SIDE OF THE PROPERTY AS WELL. GREAT. AND THAT COMPLETES OUR PRESENTATION. WE'VE PUT A LOT OF TIME AND EFFORT INTO THIS WONDERFUL HOME. AND, UH, I HOPE YOU APPRECIATE THE AMOUNT OF TIME WE SPENT TO BE A, A GOOD NEIGHBOR. THANK YOU, CODY. MR. CHAIRMAN, WOULD YOU LIKE TO RESERVE SOME TIME FOR REBUTTAL RIGHT NOW? OKAY. DO WE HAVE ANY, NOW WE GO TO MEMBERS OF THE PUBLIC, DO WE HAVE ANY MEMBERS OF THE PUBLIC WISH TO SPEAK? WE HAVE A HAND RAISED ERMO. GOOD AFTERNOON, GUILLERMO. THERE WE GO. CAN YOU HEAR ME NOW? YES. UH, BEFORE YOU ADDRESS THE BOARD, I NEED TO SWAY YOU IN. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I DO. OKAY. I'M GONNA SET THE CLOCK FOR TWO MINUTES FOR YOU TO ADDRESS THE BOARD. OKAY. IT SHOULDN'T TAKE ME THAT LONG, BUT, UM, I AM, MY NAME IS GERA RAMOS AT 400 EAST TOLEDO DRIVE. I'M ON THAT SOUTH SIDE OF TOLEDO ISLAND FOR, UM, I'VE MET MR. SANJAY AND WE'VE, AND, UH, IT SEEMS LIKE HE'S MOVING AHEAD WITH, UH, A LOT OF GOOD FAITH. THIS, THIS EASEMENT AXIS ON THE, UH, ENDS OF STREET OR, UM, HAS ALWAYS BEEN AN ISSUE, AND HE OPENLY ADDRESSED IT AND OPENED IT UP RIGHT AWAY, WHICH IS WONDERFUL, WONDERFUL. SOMETHING THAT THE CITY HAD SUCH A PROBLEM WITH DUE TO POLITICS. BUT I DON'T WANT TO, I DON'T WANNA GO ALL THE WAY BACK. SO I THANK MR. SANJAY. IT'S BEEN A PLEASURE BASED ON WHAT I'VE SEEN AND THE PLANS THAT I JUST SAW, I THINK IT IS CONSISTENT WITH OUR NEIGHBORHOOD. AND, UM, MATTER OF FACT, IN A FEW MORE YEARS, I'LL BE BUILDING MY OWN HOUSE. AND, UM, SO I JUST HIGHLY RECOMMEND THE PROJECT. AND I'VE TALKED TO OTHER NEIGHBORS ON THIS SIDE OF THE ISLAND, SOME OF THEM WHICH ARE ON THAT LIST, AND SOME OTHERS THAT ARE NOT. AND WE ALL ARE VERY GRATEFUL TO MR. SANJAY TO RESOLVE THE EASEMENT ACCESS ISSUE. SO THAT'S ALL. THANK YOU VERY MUCH. THANK YOU. IS ANYBODY ELSE ONLINE? NO OTHER HANDS ARE RAISED ONLINE. DO WE HAVE ANYBODY IN PUB, IN PERSON? NO, GO AHEAD. GO AHEAD. OKAY. MELISSA, HAVE YOU BEEN SWORN IN BEFORE? I HAVE NOT. OKAY. UH, DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I SWEAR. THANK YOU. UM, SORRY, I'M CUTTING IN HERE BECAUSE I, I'M RUNNING LATE AND I NEED TO MAKE IT FOR A FLIGHT. SO I JUST WANTED TO BE FIRST, UH, TO SPEAK. UM, SO HELLO EVERYONE AND, UM, INTRODUCE MYSELF AS MELISSA BEATIE. I WAS THE PAST PRESIDENT OF THE HOA FOR THE VENETIAN ISLANDS. UH, I'M ALSO VICE CHAIR OF THE PLANNING BOARD. UM, SO LAURA, I KNOW WHY YOU'RE WEARING A SWEATER . UM, I'M HERE TODAY TO SHOW MY SUPPORT FOR THE PROJECT, UH, FROM MR. SANJAY. UM, AS, UM, THE GENTLEMAN WHO JUST SPOKE RIGHT NOW, I GOT TO MEET, UH, OUR, OUR NEW NEIGHBOR WHEN, UH, HE BOUGHT THE PROPERTY. UM, AND HE WAS NOTHING BUT COOPERATIVE INTO MAKING SURE HE WAS A GOOD NEIGHBOR IN THE NEIGHBORHOOD BY, UH, RELEASING BASICALLY THE EASEMENT AND TAKING CARE OF CLEARING IT UP FOR US AT AND AT HIS COST AND EVEN OFFERING TO LANDSCAPE IT. SO I'M REALLY UNDER THE FAITH THAT, UM, UH, MR. SANJAY IS TRYING HIS BEST TO BE GETTING ALONG WITH HIS NEIGHBORS. UH, FOR THE MOST PART, EVERYONE WHO I SPOKE TO IN THE NEIGHBORHOOD WERE VERY SUPPORTIVE. A LOT OF PEOPLE GOT TO SEE THE RENDERINGS. IT'S A BEAUTIFUL PROJECT. UM, IT'S, UM, IN LINE WITH THE LAST SIX, UM, HOUSES THAT YOU'VE APPROVED IN THE NEIGHBORHOOD AS FAR AS SIZE AND HEIGHT. UM, MOST OF THEM HAVE TURNED OUT TO BE SPECTACULAR, BEAUTIFUL HOMES. AND EVEN THOUGH THEY'RE OVERWHELMING AT FIRST, WHEN THEY START BUILDING, UH, BY THE END OF THE PROJECT, THANKS TO THE LANDSCAPING, A LOT OF THESE PROJECTS BLEND IN REALLY WELL. AND YOU GUYS GET CREDIT FOR PUSHING FOR THESE PROJECTS TO HAVE, UM, DECENT AMOUNT OF LANDSCAPING SO THAT IT BLENDS IN AND LOOKS GOOD. [03:15:01] UM, AND SO, AND, AND, AND I TEND TO ALWAYS FAVOR PROJECTS THAT ARE DONE, UH, FOR THE HOMEOWNER, FOR THEIR OWN USE OVER SPEC PROJECTS. SO WHEN WE SEE THE SPEC PROJECTS, THEY TEND TO BE A LOT LESS CONSIDERATE OF THEIR IMPACT ON THEIR NEIGHBORHOOD AND THEIR RELATIONSHIPS WITH THEM. AND BEYOND THAT, SOME OF THESE HOUSES THAT GET BUILT AND DON'T EVEN ASK FOR VARIANCES, UH, THEY'RE OFTEN DONE ON THE CHEAP. UH, THEY TEND TO TAKE A COUPLE YEARS TO BUILD. UH, THEY'RE KIND OF COLD LOOKING AND THEN, UH, THEY TAKE A WHILE TO SELL AND BY THE TIME THEY GET ONTO, UM, UH, GET BOUGHT AND WE GO THROUGH A WHOLE NEW ROUND OF CONSTRUCTION THAT HAPPENS BECAUSE THEY'RE, YOU KNOW, CHEAPLY DONE. SO PREFER HAVING A GOOD PROJECT WELL DONE THERE, MONEY PUT INTO IT, INTO LOOKING SPECTACULARLY GOOD AND BLENDING IN WITH THE NEIGHBORHOOD. CAN I GET ONE MORE MINUTE, MR. VICE CHAIR? UM, YOU HAVE ONE. ALL RIGHT. UM, YOU HAVE ONE MORE MINUTE. ALL RIGHT. SO, UM, I UNDERSTAND THAT THERE'S GONNA BE A COUPLE OF NEIGHBORS COMPLAINING ABOUT THIS NEW PROJECT. UM, AND I KNOW IT'S UNPLEASANT TO GO THROUGH CONSTRUCTION. I'VE BEEN LIVING 21 YEARS IN OUR HOUSE IN THE VENETIAN ISLAND, 16 YEARS OF THE 21. I'VE BEEN DEALING WITH CONSTRUCTION ON EITHER SIDE OF OUR HOME. UM, IT'S PART OF LIVING IN A NEIGHBORHOOD. I DON'T THINK THERE'S TOO MANY NEIGHBORHOODS HERE IN, IN, IN MIAMI BEACH THAT ARE NOT GOING THROUGH ALL THIS CONSTRUCTION. SO I DO HAVE SOME EMPATHY FOR PEOPLE WHO ARE LIVING NEXT DOOR, THESE CONSTRUCTION PROJECTS, BUT AS PART OF THE REALITY OF AN EVOLVING CITY, UM, AS FAR AS FOR THE HEIGHT THAT'S BEING CONTESTED, UM, IT DOESN'T TAKE ANY WAY OF THE, YOU KNOW, THAT THE, THE, THE, THE NEW CONSTRUCTION GOING ON NEXT DOOR IS BOTHERSOME, BUT THE HEIGHT AS FAR AS IS, IS IN LINE WITH A LOT OF THE PROJECTS THAT YOU GUYS HAVE ALREADY APPROVED. SO, UM, I JUST WANT, AGAIN, REINFORCE THAT MY, UM, IN FULL SUPPORT OF THIS PROJECT IN FULL SUPPORT I'VE GOT FROM MANY OF THE NEIGHBORS WHO I'VE SPOKEN TO AS WELL. THANK YOU. THANK YOU. OKAY. DO WE HAVE A NEXT PERSON? NEXT PERSON. STEP UP TO THE PODIUM PLEASE. HI, MY NAME IS, UH, CURTIS WILLIAMS. I LIVE AT 1 0 9, FIRST SAN MARINO TERRACE. UM, HAVE, HAVE YOU BEEN SWORN IN YET? OH, NO, I'M SORRY. YEAH. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL BE GIVEN IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I DO. OKAY. I'LL SET THE CLOCK AT TWO MINUTES. UM, YEAH, I JUST WANNA EXPRESS MY SUPPORT FOR THIS DEVELOPMENT. THAT THERE ARE A LOT OF PROJECTS THAT HAPPEN ON OUR ISLANDS, UM, THAT ARE NOT AS THOUGHTFUL, UH, AS THIS ONE. AND, UM, ONE OF THE THINGS I THINK MAKES THIS DIFFERENT IS THAT THE DEVELOPER IS ACTUAL NEIGHBOR. SO HE'S BEEN APPROACHING THIS AS A NEIGHBOR, NOT JUST A DEVELOPER, WHICH MAKES A BIG DIFFERENCE. UM, I AM A, JUST WANT TO, FROM FULL DISCLOSURE, I AM A MEMBER, CURRENT MEMBER OF THE, UH, NEIGHBORHOOD ASSOCIATION BOARD, BUT I'M NOT SPEAKING ON BEHALF OF THE BOARD. I'M SPEAKING AS A NEIGHBOR. I'M NOT EXPRESSING THE VIEWS OF THE BOARD AT ALL. UM, UH, BUT I WILL SAY THAT, UM, EVEN SEEING THESE RENDERINGS FOR THE FIRST TIME, I'M IMPRESSED WITH HOW SANJAY'S MANAGED TO GIVE A MASSIVE HOME KIND OF A VERY LOW PROFILE, WHICH IS DIFFICULT TO DO, UM, BY USE OF ARCHITECTURE AND THE COLOR AND MATERIAL CHOICES AND THE LANDSCAPING HE'S CHOSEN. SO I THINK IT'S VERY RESPECTFUL. UM, I THINK HE'S BEEN, UM, DEMONSTRATED HIS, UH, COMMITMENT TO BEING A GOOD NEIGHBOR, UH, IN THAT, UH, HE HAS, UH, TREATED THE WATERWAY ACCESS, WHICH HAS BEEN A SORE POINT FOR THE NEIGHBORHOOD FOR SOME TIME, UH, WITH GREAT CARE AND, UH, RESPECT. SO WE APPRECIATE THAT, OF COURSE. UM, AND LOOK, I I, I UNDERSTAND THAT A LOT OF PEOPLE WHO HAVE LIVED IN THE NEIGHBORHOOD A LONG TIME, UM, HAVE SOME, UH, ISSUE WITH SOME OF THE SIZE OF THE HOMES THAT ARE BEING PUT UP, BUT THERE'S NOTHING IN THIS WAIVER THAT'S OUT OF THE ORDINARY FOR WHAT'S BEEN APPROVED BEFORE. UM, I MEAN, I MYSELF, UH, LIVE IN A 1936 SPANISH STYLE HOME, WHICH IS NOW, UH, BEEN THE, IT'S GONNA BE THE ONLY HOME THAT'S, UH, ON THAT SECTION, UH, THAT'S ORIG, UH, THAT'S MORE THAN, UH, 50 YEARS OLD I'D SAY. SO I'M FACING CONSTRUCTION ON BOTH SIDES OF ME AS WELL. UH, AND, UM, I THINK AS LONG AS IT'S DONE RESPONSIBLY, UH, I THINK THAT, UM, UH, IT, IT, UH, ENHANCES THE NEIGHBORHOOD. I KNOW ONE OF THE ISSUES THAT THE, UM, ONE OF THE GRIEVANCES I'VE HEARD IS THAT, UH, THESE HOMES WILL DIMINISH THE VALUE OF, UH, UH, OF MICHAEL'S HOUSE. BUT I, I DON'T SEE ANY EVIDENCE OF THAT. I'M A REALTOR, UM, AND I DO NOT SEE THAT, UH, BUILDING, UH, UM, UH, HOMES THAT MEET MARKET DEMANDS AND CONSUMER TASTES WILL DO ANYTHING, UM, TO, UH, THE DETRIMENT OF THE NEIGHBORHOOD IN QUITE, QUITE THE OPPOSITE. UM, IT WILL ONLY ENHANCE, UH, THE VALUE OF HIS HOME. SO THANK YOU. THANK YOU. NEXT PERSON. GOOD MORNING, SIR. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU GIVE? I WAS SWORN IN. OH, YOU ARE? OKAY, PERFECT. THANK YOU. UM, I'M RICHARD KRIEGER. I LIVE AT 1 0 1 EAST TOLEDO, WHICH IS NEXT DOOR TO THE EASEMENT ON THE EAST SIDE OF THE ISLAND. AND IT'S MY UNDERSTANDING THAT THE, THE EASEMENT WAS NEVER, UM, OWNED BY THAT PROPERTY ANYWAY. IT'S, IT'S PUBLIC, UM, PUBLIC PROPERTY, [03:20:01] A UTILITY EASEMENT AND BELONGED TO EITHER THE CITY AND OR THE VENETIAN ISLANDS HOMEOWNERS ASSOCIATION. AND IT WAS SORT OF FENCED IN AND TAKEN OVER IMPROPERLY, AND NOBODY REALLY, UM, DID ANYTHING ABOUT IT LEGALLY UNTIL NOW. THE NEW OWNER, UM, THE, THE APPRAISAL WOULD SHOW THAT THAT'S NOT PART OF HIS PROPERTY ANYWAY, BUT IT'S, I'M ALSO VERY GRATEFUL, UM, AND GLAD TO HEAR ALL THE GOOD COMMENTS ABOUT, UH, THE NEW, OUR NEW NEIGHBOR, THAT HE'S A KIND AND CONSIDERATE PERSON. UM, BUT HAVING LIVED THERE NOW FOR, UH, 14 YEARS, UM, I BUILT MY HOME, REBUILT MY HOME, I FOLLOWED ALL THE, THE RULES AND DID NOT REALLY ASK FOR ANY ADJUSTMENTS TO THE, TO THE, UM, LIMITATIONS, HEIGHT, ET CETERA. SO THE ONLY THING I WOULD OBJECT TO IS THAT I DO FEEL, EVEN THOUGH IT'S BEEN APPROVED AND THERE'S ALL THESE NEW HOMES BEING BUILT, THAT IT IS MAKING A, A BIG DIFFERENCE IN THE FEELING AND THE LOOK OF THE NEIGHBORHOOD. AND JUST BECAUSE IT'S BEEN DONE BEFORE, I JUST FEEL THAT IT'S, UM, HARMFUL AND NOT GOOD TO CONTINUE TO BE, UM, GIVING VARIANCES AND INCREASING THE HEIGHT AND MAKING THEM EVEN BIGGER AND BIGGER. SO IT'S SORT OF DESTROYED THE ORIGINAL FEELING OF THE ISLANDS, EVEN THOUGH MANY OF THESE HOMES ARE BEAUTIFUL, SOME OF THEM DO LOOK LIKE A GIGANTIC OFFICE BUILDING. SO I JUST WANTED TO MAKE MY COMMENTS, BUT THANK YOU. THANK YOU. IF WE HAVE OTHER PEOPLE, IF YOU CAN COME UP AND TAKE TWO PODIUMS AT ONCE SO WE CAN MOVE ALONG, PLEASE. AND, UM, IF YOU DO NEED TO BE SWORN IN, I DON'T KNOW IF EVERYONE WAS HERE EARLIER. NO. SO I NEED TO BE SILENT. OKAY. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. SO I'LL BE, I'LL BE VERY SHORT. UM, I MEAN, I'M IN SUPER OF THE, OF THE PROJECT. I THINK IT'S BEAUTIFUL. THE HOUSE IS AMAZING. I'M NOT GONNA REPEAT EVERYTHING THAT WAS SAID ALREADY, BUT THE ONE THING THAT I WOULD SAY IS ON, UM, ON RIVER ALTO, THERE WAS THIS, UH, SORRY, THE HONORS HERE, BUT THIS UNDERSTORY HOME, WHICH IS ABSOLUTELY HORRIBLE. AND, UM, I THINK THAT GOING WITH THIS WAIVER OF THE HEIGHTS OF THIS PROJECT IS MUCH BETTER IDEA THAN GOING WITH LIKE A BIGGER HOME. THAT WOULD BE A NON STORY. AND APPARENTLY THEY COULD DO THIS IF THEY WANT TO. SO IF I HAD TO CHOOSE BETWEEN TWO THINGS, I WOULD DEFINITELY GO FOR THE WAIVER AND, UM, IN BIG SUPPORT OF IT. AND FOR THE RECORD, COULD YOU JUST TELL US YOUR NAME? OH, SORRY. I'M ANTON ROY. I LIVE ON THE 8 0 3 EAST DEDO DRIVE, SO I'M ONE OF THE NEIGHBORS. THANK YOU. THANK YOU. ANYBODY ELSE COME UP, SIR? WELL, WE'VE HAD A LOT OF PEOPLE SPEAK WHO AREN'T NEIGHBORS. I'M ACTUALLY A NEIGHBOR, UH, ALONGSIDE MR. KRIEGER. UM, HAVE YOU BEEN SWORN IN, SIR? I HAVE. OKAY. THANK YOU. UH, MY NAME IS MICHAEL CARPENTER. MY WIFE AND I ARE OWNERS OF ONE 18 WEST ALITO, WHICH IS NOT THE NEXT HOUSE, BUT THE ONE NEXT TO THAT, UM, NORTH OF, UH, 50 WEST. UM, I DID WRITE A LETTER TO THE BOARD, UH, DESCRIBING MY OBJECTION, UH, TO THE HEIGHT WAIVER, AND I'LL JUST TALK ABOUT THAT VERY BRIEFLY. UM, FIRST, THE REVISED CODE FOR RS THREE MAKES IT CLEAR THAT THE MAXIMUM HEIGHT FOR A FLAT ROOF HOME IS 24 FEET. THE REQUEST FOR NUMBER 50 IS 27 FEET. AS I UNDERSTAND IT, THE RECENTLY UPDATED CODE OF 24 FEET WAS TO ALLOW FOR THE CEILING HEIGHTS OF PREFERRED MODERN STORY HOMES. UH, THESE DAYS, THE ARGUMENTS THAT ARE MADE IN THE LETTER OF INTENT, UH, IN FAVOR OF THE HIGHER FOOTAGE, TO ME, A SPECIES. THE FIRST ONE IS, WELL, IF, IF THIS WERE AN RS TWO AND NOT RS THREE, WE'D BE ALLOWED 27 FEET. WELL, IF I WAS SIX FEET FOUR AND WAS STRONG, I'D BE A BASKETBALL PLAYER, RIGHT? IF AN UNDERSTORY HOME WAS, WAS WAS BEING BUILT, THEN WE COULD BUILD MUCH HIGHER. WELL, IT'S NOT AN UNDERSTORY HOME THAN ASKING FOR AN UNDERSTORY HOME. AND BY THE WAY, THE LANDSCAPING IS GONNA BE FANTASTIC. WELL, I ASSUME THAT'S TRUE ANYWAY. AND BY THE WAY, WITH REGARD TO THE SIZE OF THE LOT, SIZE, A LOT IS MOST RELEVANT IF YOU ARE LOOKING AT A DISTANCE. SO THE HIGHER YOU'RE GONNA GO, THE MORE YOUR SETBACK SHOULD BE FROM THE FRONT. AND I DON'T SEE ANY EVIDENCE OF THAT. AND I KIND OF LOOK AT IT AND SAY, WHY IS IT THAT EVERY TIME SOMEBODY COMES FORWARD TO MIAMI BEACH AND PRESUMES THAT THEY CAN, UH, BEAT THE RULES? WHY DOES THAT HAPPEN EVERY TIME? WHY DO THEY IGNORE? THEY ASSUME THEY CAN NEGOTIATE. I, I DON'T THINK IT'S RIGHT. UH, AND I THINK THE RULES ARE THE RULES. WELL, I'M SORRY, I'M GONNA CONTINUE FOR A LITTLE BIT. I CAN GIVE YOU ONE MORE MINUTE, SIR. THANK YOU. UH, THIS HOUSE AT 50 TOLEDO WILL BE FIVE FEET HIGHER THAN OUR HOUSE. [03:25:01] UM, WHEN WE BUILT OUR HOUSE, WE WERE ASKED BY THIS BOARD TO CUT BACK THE HEIGHT FROM WHAT WE WERE ALLOWED BY RIGHT TO SHRINK THE SIZE OF OUR ROOF DECK AND TO REDUCE THE HEIGHT OF OUR ENTRY INTO OUR ROOF DECK. WHY? BECAUSE OF THE NEIGHBOR'S OBJECTIONS TO INCREASED HEIGHT. THIS IS A NEIGHBORHOOD THAT IS SENSITIVE TO INCREASED HEIGHT. AND SO THAT WOULD BE MY SECOND ARGUMENT. AND MY THIRD ARGUMENT IS VERY SP WE DON'T WANT WEST ALITO TO BE A CANYON. THAT'S NOT WHAT WE WANT. THE THIRD ARGUMENT IS THAT MY WIFE WILL HAVE A VERY SPECIFIC CONCERN AS RELATION TO PRECEDENT. IF, IF THIS, THE HOUSE NEXT TO US AT 1 0 8 IS BASICALLY A TEAR DOWN, IF THIS IS ALLOWED TO GO FORWARD, THEN THE PERSON THAT COMES TO BUY 1 0 8, IT'S GONNA SAY, WELL, I WANT THE THREE FEET AS WELL. AND THEN IF YOU ADD THAT TO THE RESILIENCY, I'M GONNA HAVE SOMEBODY WHO'S POTENTIALLY BETWEEN FIVE AND 10 FEET ABOVE WHERE WE ARE. SO ON THEIR ROOF DECK, LOOKING DOWN ONTO MY ROOF. AND SO ENSURE THE REQUIRED THREE FOOT WAIVER IS UNNECESSARY TO BUILD AN ATTRACTIVE MODERN TWO STORY HOME IS DETRIMENTAL TO THE NEIGHBORHOOD LOOK AND FEEL BECAUSE THE PEOPLE WHO'VE COMMENTED ON NEIGHBORS TO WRAP IT UP NOW, PLEASE AND CREATES A VERY CONCERNING PRECEDENT. THANK YOU. THANK YOU. THANK YOU. OKAY, NEXT PERSON. UH, GOOD AFTERNOON, MR. CHAIRMAN, MEMBERS OF THE BOARD FOR THE RECORD. MY NAME IS BILL RILEY. I'M AN ATTORNEY WITH OFFICES LOCATED AT 1 6 3 4 3 SOUTHWEST 256TH STREET. I'M HERE, UH, THIS AFTERNOON REPRESENTING MR. MICHAEL KRIEGER, THE ONLY, UH, BUDDING, UH, NEIGHBOR TO THE SUBJECT PROPERTY. AND AS I STRUCTURED MY PRESENTATION, I HAD A POWERPOINT PRESENTATION, BUT I WANTED TO SEE HOW MUCH TIME THE CHAIRMAN'S GONNA GIVE ME. THIS IS OUR ONLY OPPORTUNITY, UH, TO CREATE OUR RECORD. UM, SO, UH, IT'S THE WAY THAT THE LAW PROVIDES. SO I'D ASKED FOR FIVE TO EIGHT MINUTES, IF THAT'S ACCEPTABLE. UM, I CAN GIVE YOU FIVE. IT PUSHING IT. YEAH. FIVE. OKAY. WELL THEN I WILL GIVE YOU FIVE. I'LL SPEED THROUGH IT SOME. AND WHAT I'M GONNA DO IS I'M GONNA MOVE NOW TO ASK THAT OUR MATERIALS, WHICH I PROVIDED A HANDOUT BOOKLET TO TRY TO TRUNCATE THE PRESENTATION THAT BE INCORPORATED INTO THE RECORD TODAY, AND THE POWERPOINT PRESENTATION, UH, THAT'S BEFORE, UM, THE BOARD, UH, ALSO BE INCORPORATED INTO THE RECORD, AND THAT'LL ALLOW ME TO SPEED UP A LITTLE BIT. NOW, WE'VE HEARD A LOT OF INFORMATION TODAY WITH REGARD TO, UH, WHETHER OR NOT, UH, THE APPLICANT IS A GOOD NEIGHBOR. I'VE NEVER MET THE APPLICANT. I'VE SPOKEN TO MR. AMSTER, UH, SEVERAL TIMES. UH, MATT AND I HAVE A GOOD RELATIONSHIP. GO BACK A LONG WAY. UH, I HAVE NOTHING BUT GREAT THINGS TO SAY ABOUT MATT. UM, AND, UH, HIM AND I WERE WORKING PROBABLY FOR ABOUT 60 DAYS ON POTENTIALLY A SETTLEMENT FOR OUR CLIENTS. COULD AGREE. UM, UNFORTUNATELY, WE DIDN'T REACH THAT SETTLEMENT. I WAS HOPING NOT TO BE HERE TODAY. UNFORTUNATELY, I AM. AND I'M HERE BECAUSE I DON'T THINK THAT THERE'S ANY, UH, I THINK THAT THE ATTORNEYS REPRESENTING THE APPLICANT ARE PHENOMENAL. I DON'T THINK THE APPLICANT'S BEING A GOOD NEIGHBOR, AND I'VE, I'VE PROBABLY IN MY ENTIRE CAREER HAVE APPEARED BEFORE A BOARD OPPOSING A PROJECT, MAYBE THREE OR FOUR TIMES. THIS IS ONE OF THOSE TIMES. UM, I THOUGHT I WOULD BE ABLE TO GET AN AGREEMENT WITH THE NEIGHBOR, LIKE I SAID, WASN'T ABLE TO DO SO. BUT THE FACTS ARE THE FACTS. I WANNA PRESENT THE FACTS TO YOU BECAUSE THERE'S BEEN A LOT OF NARRATIVE GOING ON IN THE PAST FEW DAYS THAT I THINK IS SKEWING, UH, THIS WHOLE DISCUSSION. NOW, BEFORE I DO THAT, I WANNA RUN REALLY QUICKLY INTO THIS SLIDE PRESENTATION. NOW, THIS BOARD HAS A CHARGE, AND THAT CHARGE IS TO APPLY, UH, 2.531, DESIGN REV REVIEW CRITERIA. THERE'S 20 CRITERIA THAT THE BOARD HAS TO APPLY IN ORDER TO ASSERT, DETERMINE WHETHER OR NOT A PROJECT DESERVES A WAIVER, A VARIANCE, WHATEVER THE CASE MAY BE. UM, IT'S NOT WHETHER OR NOT IT'S PERMISSIBLE AND IT'S WANTED, IT'S WHETHER OR NOT IT'S APPROPRIATE. AND WHEN IT WAS TALKING ABOUT APPROPRIATE IN THE VERY BEGINNING OF THE SECTION OF THE CODE, IT TALKS ABOUT IN RELATION TO THE SITE AND ADJACENT STRUCTURES IN THE SURROUNDING COMMUNITY. NOW, IT TALKS ABOUT THAT, AND I'VE HIGHLIGHTED IN RED, IT TALKS ABOUT THE SURROUNDING COMMUNITY AND THE NEIGHBORING PROPERTY OWNER AT LEAST EIGHT TIMES, BECAUSE THAT IS THE BIGGEST QUESTION, WHETHER OR NOT THE PROJECT IS BEING SENSITIVE AND COMPATIBLE TO THE NEIGHBORING PROPERTY. AND THIS CASE, THE ANSWER IS NO. BUT IN ADDITION TO OUR ARGUMENT, THE CA ANSWER IS NO. WE HAVE A LEGAL OBJECTION TODAY THAT WE DON'T THINK THAT THIS ITEM CAN BE VOTED ON TODAY. [03:30:01] WE THINK THAT THIS ITEM IS PREMATURELY BEFORE THE BOARD. AND I'LL EXPLAIN TO YOU WHY. IT SAYS, IF YOU CAN SEE RIGHT THERE IN THE MIDDLE OF THE PARAGRAPH, IT SAYS, LIGHTING SHALL BE REVIEWED. NOW, STAFF CITY OF MIAMI BEACH STAFF, I WORK THROUGHOUT SOUTH FLORIDA, CITY OF MIAMI BEACH STAFF IS PROBABLY THE BEST STAFF, PROFESSIONAL STAFF OF ANY LOCAL GARMENT JURISDICTION I'VE EVER WORKED IN. THEY ARE, UH, TOP NOTCH. UM, BUT THEY'RE UNDERSTAFFED, THEY'RE OVERWHELMED. AND IN THIS ONE CASE, I THINK THAT THEY MADE, UM, AN OVERSIGHT. AND EVEN THOUGH THEY RECOMMENDED APPROVAL, SOME OF THE THINGS THAT THE APPLICANT HAS CREATED THIS NARRATIVE TO OBTAIN THEIR APPROVAL, IT'S JUST NOT ACCURATE. THE SUBJECT PROPERTY, THE, UH, RIGHT HERE ON THIS, UH, POWERPOINT SLIDE, THE APPLICANT BEGINS THIS LETTER OF INTENT BY SAYING THAT THE SUBJECT PROPERTY IS IN A IRREGULARLY SHAPED WATERFRONT LOT. NOW, I'M NOT GONNA BELABOR THE POINT, BUT THIS IS ONE OF THE LARGEST LOTS ON TOLEDO ISLAND. IT'S NOT IRREGULARLY SHAPED. IT'S TWO FULL LOTS. IT'S A DOUBLE LOT. IT ALSO ABUTS A CITY, UH, EASEMENT, AS YOU'VE HEARD. UM, IT'S A HALF AN ACRE OF WATERFRONT SITE. I MEAN, IT'S ALMOST UNHEARD OF. AND MOST PROP, UH, AREAS OF MIAMI BEACH, THIS EASEMENT THERE, WE TALKING ABOUT THAT. HE TOOK OUT THE FENCE. NOW, I DIDN'T KNOW HE AGREED TO LANDSCAPE IT. THAT IS VERY NICE. BUT HE AGREED HE HAD TOOK OUT THE FENCE. WELL, JUST BECAUSE I COME IN AND I SAY, LOOK, THE GUY BEFORE ME VIOLATED THE LAW, BUT I'M NOT GONNA VIOLATE THE LAW. THAT'S NOT A FEATHER IN MY HAT THAT PER THE OTHER PERSON SHOULD NOT HAVE BEEN VIOLATING THE LAW. THEY SHOULD NEVER HAD THAT GET GATE UP. JUST TO SAY THAT. I'M NOT GONNA CONTINUE THAT I DON'T THINK. IS THEY GAVE YOU WAY MORE TIME. THEY GAVE YOU WAY MORE. THEY GAVE YOU EIGHT MINUTES. I SAID FIVE. SO YOU'RE REALLY, YOU GOTTA WRAP. OH, I DIDN'T SEE. OKAY. I WAS GOING, YOU GOTTA MOVE UP A LITTLE QUICKER. OKAY, I'LL GO A LITTLE BIT QUICKER. ANYWAYS, UM, I WANTED TO ADDRESS THAT NOW, MR. KRIEGER'S HOME, UM, HIS FAMILY HAS OWNED IT IN 1987. UM, THEY LIVED THERE, THEY'VE IMPROVED IT. IT'S A MODEST 5,400 SQUARE FEET, PLUS OR MINUS, UM, ASSOCIATED WITH THE NEXT DOOR PROPERTY. I'M GONNA SPEED IT UP FAST, BUT I NEED TO PUT THIS INTO THE RECORD. UM, THE STAFF RECOMMENDATION, UH, IT DETERMINES, UH, THAT THE RS ZONING CODE, UH, PERMITS ONLY 24 FEET THAT YOU HEARD THAT SECTION RIGHT BELOW THERE WHERE IT'S UNDERLINED, WHAT I PUT IN THERE IS A SECTION IN THE CRITERIA THAT IT DOESN'T MEET. NOW, THE CRITERIA SAYS IT HAS TO DETERMINE COMPLIANCE WITH THE REQUIREMENTS OF THE UNDERLYING ZONING CODE. THE CITY SPENT MILLIONS OF DOLLARS, STU PROV, UH, HIRING PROFESSIONALS TO STUDY AND ADOPT YOUR NEW ZONING REGULATIONS. AND THEN APPLICANTS COME IN AND WITHOUT A SUBSTANTIAL JUSTIFICATION, SHOULD NOT OBTAIN A VARIANCE OR A WAIVER FROM THE REQUIREMENTS OF THAT, OF THAT ZONING CODE THAT THE CITY SPENT SO MANY RESOURCES PUTTING TOGETHER AND STUDYING. SO IT FAILS THAT SECTION. IT FAILS THESE OTHER ONES. BUT I'M GONNA MOVE FORWARD REALLY QUICKLY BECAUSE I KNOW THE CHAIRMAN ASKED ME TO MOVE FORWARD. UH, SO, SO I GOT TO, UM, . OKAY. SO IT, ON AN OVERALL PER, UH, PERCEPTIVE, IT TALKS ABOUT COMPATIBILITY. NOW OUR PROPERTY IS IN A CANYON. WE'VE HEARD THE WORD CANYON BEFORE. THE HOUSE WITH A DOUBLE LOT THAT'S PROPOSED IN THE PROPERTY WILL BE THE LARGEST HOUSE THAT WE HAVE BEEN ABLE TO IDENTIFY ON TOLEDO ISLAND. UM, IT WILL TOWER ABOVE OUR HOUSE. NOW, WHETHER OR NOT THEY CAN BUILD HIGHER, YOU'VE HEARD THAT THE, UH, THE APPLICANT IS A SINGLE FAMILY MAN. UM, HE DOESN'T HAVE PARTIES, HE DOESN'T COME OUTSIDE HIS HOUSE. HE DOESN'T MAKE NOISE, ALL SORTS OF STUFF. BUT HE WANTS HIS MAXIMUM AC SQUARE FOOTAGE. THAT'S THE REASON HE HASN'T GONE FOR THE UNDERSTORY. UM, SO HE'S ASKING FOR NOT WHAT HE NEEDS. HE'S ASKING FOR THE MOST POSSIBLE, WHICH IT'S THE POINT THAT WE WANTED TO MAKE. NOW, AGAIN, I WANTED TO GO THROUGH THIS, BUT IT DOESN'T SEEM LIKE I'M GONNA HAVE TIME, BUT I INCORPORATE IT INTO THE RECORD, THE CRITERIA CONTINUE TO BE, TO BE FAILED, OKAY? BECAUSE IT, IT'S NOT SENSITIVE TO THE HOME. BUT I WANTED TO MOVE FORWARD BECAUSE I DON'T WANNA MAKE TWO POINTS, MR. CHAIRMAN, AND THEN I'LL, I'LL, I'LL STEP ASIDE. YOU HAVE 15 SECONDS, SO MAKE 'EM QUICK. SO HERE'S THE ONE THAT THEY COMPLETELY IGNORE. THE LIGHTING SHALL BE REVIEWED. STAFF RECOMMENDATION SAYS, NOT SATISFIED. A LIGHTING PLAN HAS NOT BEEN SUBMITTED. THE, THE CRITERIA SAYS, SHALL THIS SHOULDN'T BE HEARD TODAY. THERE'S NO LIGHTING PLAN, AND THE LIGHTING'S GONNA AFFECT OUR PROPERTY. OKAY, I WILL TURN IT OVER TO MR. KRIEGER. NOW, UM, HE HAS, UH, SUBMIT WHEN THEY'RE TALKING ABOUT THE DEVALUATION, I JUST WANTED TO SAY WE HAVE AN OPINION FROM BERK. HOW HATHAWAY BERK, BERKSHIRE HATHAWAY. I HAVE IT ON THE, UH, THE SCREEN FOR YOU. [03:35:01] YOU CAN READ IT. IT'S THE DEVALUATION THAT WE HAD PROFESSIONALLY STUDIED BY ONE OF THE TOP-NOTCH REAL ESTATE AGENTS, OKAY. OUT THERE. SO I'LL LEAVE THAT UP THERE. OKAY. THANK YOU MR. KRIEGER. WERE YOU SWORN IN EARLIER TODAY? EXCUSE ME? WERE YOU SWORN IN ALREADY? NO, NO. PLEASE, UH, RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I DO. THANK YOU, SIR. UH, GOOD AFTERNOON OR GOOD MORNING, CHAIRMAN, COMMISSIONERS, MEMBERS OF THE BOARD. I'M GONNA HAVE TO LOOK AT SOME NOTES. I'M NOT A LAWYER AND I'M AN INTROVERT, SO I'LL HAVE TO READ THIS. UH, MY NAME IS MICHAEL KRIEGER. I LIVE AT 34 WEST TOLEDO. I'VE LIVED PEACEFULLY ON THIS ISLAND FOR I'LL BE 39 YEARS COMING UP. I REBUILT MY HOME IN, UH, 2010. I WENT BEFORE I TOOK A HISTORIC 1937 HOME WITH GORGEOUS ARCHITECTURE. UH, I WENT BEFORE TOM MOONEY. TOM MOONEY SAID, YOU'RE NOT TEARING DOWN THIS HOUSE. HE SAID, YOU'RE GONNA REBUILD IT. I SAID, OKAY. I TOOK A 2,700 SQUARE FOOT HOUSE. I BUILT 5,200 SQUARE FEET. I'M SINGLE, I USE TWO BEDROOMS IN THAT HOUSE. THE KI TWO ROOMS, THE KITCHEN, THE BEDROOM, THE REST OF THE HOUSE I DON'T EVEN USE. THIS IS A, WE NEED TO TALK ABOUT, BECAUSE I COULDN'T GET TO AS THE ENTERTAINMENT AREA. YEAH. OKAY. SO THE, YEAH, I I I, I, I'M SURPRISED MY ATTORNEY WAS GIVEN FIVE MINUTES WHEN OTHERS WERE GIVEN EIGHT. IT'S NOT RIGHT. I'VE LIVED THERE. I OWN THE MARLIN HOTEL IN MIAMI BEACH. I, I, I STAND BEFORE YOU, NOT AS A DEVELOPER, AN ATTORNEY. I'M NOT AN ATTORNEY, BUT AS THE ONLY ADJACENT HOMEOWNER WHO WILL BE DIRECTLY AND PERMANENTLY AFFECTED BY THIS PROPOSED PROJECT. I RECOGNIZE, I RECOGNIZE CLEARLY THE APPLICANT IS RETAINED A HIGHLY EXPERIENCED AND WELL CONNECTED ZONING ATTORNEY WITH PERSONAL TIES, MEMBERS OF OUR HOMEOWNERS ASSOCIATION AND OTHERS INVOLVED IN THIS PROCESS. THERE'S A LOT OF BIAS GOING ON HERE. I RAISED THIS NOT TO ACCUSE ANYONE, BUT TO STRESS THEY WERE IN RELATIONSHIPS RUN DEEP. THE APPEARANCES OF FAIRNESS MATTERS AS MUCH AS THE OUTCOME ITSELF. OVER RECENT WEEKS, THERE'S BEEN A COORDINATED EFFORT TO RALLY TESTIMONY FROM PEOPLE WHO AREN'T DIRECTLY IMPACTED BY THIS CONSTRUCTION TO CREATE THE IMPRESSION OF BROAD SUPPORT. BUT THE REALITY IS SIMPLE. THE IMPACTS FALL ON ME, NOT ON THEM. THIS PROJECT PUSHES BEYOND THE INTENT OF ZONING CODE, INCLUDING HEIGHT AND MAJOR ENTERTAINMENT AREAS PLACED DIRECTLY BESIDE MY HOME. WHEN THERE'S AMPLE SPACE ON THE OPPOSITE SIDE OF THE LOT, I'LL ASK FOR A FAIR AND UNBIASED HEARING. THAT'S ALL I ASK FOR. OR A LONG TIME, RESIDENTS ARE GIVEN THE SAME WEIGHT AS THOSE WITH MORE INFLUENCE IN THIS COMMUNITY. THANK YOU FOR YOUR TIME TO HEAR ME. I WILL MAKE A STATEMENT HERE. THERE, THERE WAS A FALSITY STATED HERE. THAT'S A FACT THAT WHEN THIS HOME WAS RENTED BY MR. SANJAY, I HAD TO CALL CODE ENFORCEMENT OVER SIX TIMES. IT'LL BE ON RECORD WITH THE CITY. THERE WAS UNLIMITED SUVS WITH THE ENGINES RUNNING 24 HOURS A DAY. THREE OF THEM AT A TIME AT THIS HOUSE TO THE SOUTH OF ME. THIS IS FOR A TWO YEAR PERIOD. EACH TIME CODE ENFORCEMENT CAME, THERE'S NO DOORBELL ON 28 WEST DELEGO, THE RENTAL HOUSE. I WOULD GET A NOTICE FROM. CODE ENFORCEMENT SAYS THERE'S NOTHING WE CAN DO. THE PARTIES FOR BALLGAME EVENTS AND IN THE ENTERTAINMENT AREA WOULD ECHO STRAIGHT INTO MY COURTYARD, LIKE A, LIKE A AMPHITHEATER. I'D SCREAM, I'D TURN UP MY OWN MUSIC TO FIGHT BACK. NOTHING I COULD DO. I'D DRIVE TO MY HOME. THERE'D BE SUV ROLLS ROYCES BLOCKING MY OWN DRIVEWAY, THE ARROGANCE, AND NOBODY I COULD EVEN SPEAK TO. I'VE ALWAYS BEEN PHYSICAL CONFRONTATIONS OUTSIDE, MOVE YOUR CARS. WHO ARE YOU PEOPLE? THAT'S HOW I'M TREATED. 38 YEARS HERE. MULTIPLE BUSINESSES ON MIAMI BEACH. I UNDERSTAND, SIR. WE'RE DEALING WITH A DESIGN REVIEW'S, RIGHT? IT'S NOT, IT'S, IT'S A MISSTATEMENT THAT WAS MADE. I ASK FOR THE ENTERTAINMENT AREA TO BE MOVED TO THE OTHER SIDE OF THE PROPERTY. YOU'VE GOT AN EASEMENT ON THE OTHER SIDE OF THE PROPERTY. HE SHOULD MOVE IT THERE. OKAY? OKAY. THANK YOU. THAT'S A REASONABLE REQUEST. I DON'T KNOW WHY EVERYONE IN THIS BOARD ALLOWS CONTINUOUS HEIGHT OVER THE CODE. THE CODE IS THE CODE YOU BUILD TO THE CODE, SIR, I KNOW. I BUILD TO THE CODE. THANK YOU. I KNOW WHO YOU FAVOR IN THIS HEARING. I KNOW. THANK YOU. OKAY. THEY WAITED INTENTIONALLY FOR YOU TO ARRIVE. SO I UNDERSTAND HOW THIS WORKS. THIS IS RIGGED SYSTEM. I OBJECT, SIR. NOW YOU'RE ACCUSING SOMEBODY OF DOING SOMETHING THAT, AND SAY WHO? OKAY. I'M JUST SAYING I KNOW WHAT'S TAKING PLACE HERE. I HAVE MY RIGHTS. OKAY. AND I'M NOT GONNA STOP FIGHTING THIS CASE. OKAY? I JUST WANTED TO, TO CLEAN IT UP A LITTLE BIT IF I COULD. I DON'T WANT TO HAVE ASK ANY MORE TIME. MR. CHAIRMAN, I JUST WANT TO ANSWER THE BOARD MEMBER'S QUESTION AND [03:40:01] THEN I WON'T SPEAK ANYMORE. SHE'S ASKED BEFORE WHETHER OR NOT THERE'S BEEN EN NUMERATION RE REMEDIATION OR, OR FROM NEIGHBORS. WE, WE'VE ASKED, WE ASKED FOR FIVE THINGS JUST SO YOU KNOW. WE ASKED FOR A HEIGHT INCREASE IN THE WALL. WE ASKED FOR ADDITIONAL LANDSCAPING. WE ASKED FOR THE ENTER THE OUTDOOR ENTERTAINMENT AREA TO BE RELOCATED FROM AGAINST OUR PROPERTY TO THE EASEMENT PROPERTY WHERE THERE IS NO NEIGHBOR. WE ASKED FOR LESS THAN 5% OF WHAT THE REAL ESTATE AGENT FROM BURK HOUSE SAID OUR DEVALUATION WOULD BE. AND WE ASKED FOR A, WAIT, WAIT A SECOND, 5% OF A DEVALUATION. WHAT IS A, THAT'S THE 5%. WHAT DOES THAT EQUATE TO? WHAT DOES THAT EQUATE TO? ABOUT HOW? $500,000. OKAY. 500,000. ALL RIGHT. THAT'S, THAT'S NOT THOUSAND. OKAY. THAT'S ALL I NEED. NEED. SO, AND IT'S, IT'S, IT'S, IT'S, IT IS ME, UM, MITIGATION FROM THE DEVALUATION. BUT THE LAST THING WE ASKED FOR IS BECAUSE THE OTHER TIME THAT THERE WAS A DEVELOPMENT NEXT TO MR. KRIEGER'S HOUSE, THAT DEVELOPMENT DAMAGED HIS PROPERTY. SO WE ASKED FOR $250,000 TO BE HELD IN ESCROW IN CASE THERE IS DAMAGE. OKAY? THAT'S NOT HOW THINGS WORK IN THE CITY WITH CONSTRUCTION. I'M SORRY TO SAY. I'M, I'M, I'M TELLING YOU FIVE THINGS ABOUT, BECAUSE I'M MAKING A DISCLOSURE. OKAY? I'M JUST TELLING YOU RIGHT NOW, YOU DO NOT ASK FOR SOMEBODY DOING CONSTRUCTION TO PUT MONEY IN ESCROW FOR A NEIGHBOR. THAT'S NOT HOW IT WORKS HERE. I'M ASKING, I'M I'M MAKING A DISCLOSURE. OKAY? I'M JUST SAYING. I THANK YOU FOR DISCLOSING IT AND I CAN TELL YOU, SO YOU ASKED FOR HALF A MILLION, THANK YOU. BECAUSE OF THE DEVALUATION. YOU ASKED FOR THE FENCE HEIGHT, YOU ASKED FOR THE ENTERTAINMENT TO BE MOVED. YES. ADJACENT TO THE VACANT LOT. YOU ASKED FOR MONEY TO BE PLACED IN ESCROW FOR WHAT PURPOSE? UH, IN CASE THERE'S ANY DAMAGE TO MR. KRIEGER'S HOUSE DURING THE CONSTRUCTION, HOW MUCH IN ESCROW? 250,000 THAT WOULD BE HELD BY AN ATTORNEY. AND WHAT WAS THE FIFTH, FIFTH THING YOU ASKED FOR THAT? THOSE WERE THE FIVE. OH, THE THE FIVE. SO ARE THE FIVE WE CAN, SO I WANT, I WANNA MAKE SURE, BECAUSE I WANNA MAKE IT CLEAR ON THE PUBLIC RECORD, UM, THAT OUT OF THOSE ITEMS, UM, WE GOTTA MAYBE ON THE, ON THE HEIGHT OF THE FENCE AND A JUDICIAL, UH, LANDSCAPING TREATMENTS, WE'RE GONNA CLARIFY ALL THAT'S, WE'RE GONNA CLARIFY THAT WHEN WE HAVE TIME TO SPEAK. SO THANK YOU. I HAVE ONE I'D LIKE TO MAKE, IF YOU'LL PERMIT ME, UH, ON THE PREVIOUS CONSTRUCTIONS OF THE SOUTH OF ME, WHEN THEY BATTERED OVER 50 CONCRETE PILINGS INTO THE CORAL BED NEXT TO ME, THEY CRACKED MY POOL AND THEY KILLED ABOUT A HUNDRED THOUSAND DOLLARS OF THE COY IN MY PONDS. THEY DESTROYED AND THEY HAD DAMAGE. THEY PUT CRACKS IN MY HOUSE ITSELF THAT WERE, THAT WERE NOT, THEY WERE NOT HORIZONTAL. THEY WERE VERTICAL. THAT'S WHICH IS THE WORST. THAT'S OUT OF OUR PURVIEW THOUGH. IT'S OUT OF YOUR CURVE. BUT I'M TELLING YOU THAT THERE'S, WHEN YOU DRIVE, I UNDERSTAND, SIR. I AM GOING, WE'RE ALL GOING THROUGH CONSTRUCTION WITH NEIGHBORS. THERE'S REAL DAMAGES. I, I UNDERSTAND. THAT'S ALL I'M SAYING. I UNDERSTAND. ESCROW FOR DAMAGES IS NOT UNREASONABLE. DO WE HAVE ANY OTHER MEMBERS WHO WOULD, ANY OTHER PUBLIC MEMBERS WHO WISH TO SPEAK ABOUT THE OWNER, SANJI OR WHATEVER HIS NAME IS? KEVIN, WE HAVE NO MORE MEMBERS OF THE PUBLIC NO. TO, IS THE OWNER OF THE PROJECT HERE TODAY TO SPEAK? YES. WOULD YOU LIKE TO HEAR FROM HIM FIRST ON REBUTTAL, IF HE HAS SOMETHING TO SAY? YES. YES. OKAY. MR. CHAIRMAN, WITH YOUR PERMISSION, WHAT IS THE OWNER'S NAME AGAIN? SANJAY JOI. OKAY. PROPERTY APPRAISAL RECORDS SHOW A DIFFERENT OWNERSHIP. IT'S A LAND TRUST AND A TRUSTEE AUTHOR. IT DOESN'T FOR A LAND TRUST, BUT HE'S THE BENEFICIARY. OKAY. OKAY. NO PROBLEM. ALL RIGHT. I'LL INVITE SANJAY UP AND THEN I'D LIKE TO HAVE, UH, ANOTHER TYPE OF REBUTTAL AS WELL. YEAH. OKAY. THANK YOU. UH, THANK YOU ALL FOR HEARING MY TESTIMONY. MY NAME IS SANJAY VERI, AND I'M THE HOMEOWNER AT 50 WEST TOLEDO DRIVE. THIS IS MY FIRST DRB HEARING, SO FORGIVE ME IF THIS IS A LITTLE PERSONAL, BUT I THOUGHT I'D SHARE A BIT ABOUT MY BACKGROUND. I WAS BORN IN THE US TO TWO IMMIGRANT PARENTS, WHICH MEANT WE HAD NO RELATIVES OR LONGTIME FRIENDS AROUND. OUR NEIGHBORS WERE OUR SUPPORT SYSTEM. OUR NEIGHBORS LOOKED OUT FOR US, HELP US FIND OUR FOOTING IN AMERICA. AND SO FROM AN EARLY AGE, I WAS TAUGHT BEING A GOOD NEIGHBOR WAS NOT JUST IMPORTANT. IT WAS REQUIRED OF YOU. WHEN I BOUGHT THIS PROPERTY, IT SOON BECAME CLEAR TO ME THAT THE STREET END WAS A HIGHLY EMOTIONAL ISSUE. FOR 30 YEARS, THE PREVIOUS OWNER IN THE NEIGHBORHOOD HAD BEEN FIGHTING ABOUT IT. I HAD MULTIPLE LAND USE ATTORNEYS TELL ME, BECAUSE IT HAD BEEN PART OF MY PROPERTY FOR SO LONG, I COULD FIGHT TO LEGALLY CLAIM THAT LAND. I IMMEDIATELY SAID NO. I WASN'T GONNA FIGHT WITH MY NEIGHBORS. AND AS VALUABLE AS THE LAND WAS, THE RESPECT AND GOODWILL OF THE NEIGHBORHOOD WAS MUCH MORE IMPORTANT IN THE SAME SPIRIT I WANTED THE NEIGHBORHOOD TO SEE IN ME. THEY HAD A FRIEND AND AN ALLY, SOMEONE WHO WOULD GIVE BACK TO THE VENETIAN ISLANDS. WE HAVE PAINSTAKINGLY TAKEN OUR NEIGHBOR'S INTERESTS AT HEART. WHILE WE DESIGNED THIS HOME. IT WOULD'VE BEEN A LOT EASIER TO BUILD AN UNDERSTORY HOME. I WOULD'VE SAVED MYSELF ALL OF THIS. [03:45:02] BUT WHEN YOU DRIVE DOWN TOLEDO TODAY AND YOU SEE THOSE HOMES, THEY FEEL MORE LIKE APARTMENT BUILDINGS THAN HOUSES. INSTEAD, WE BUILT, WE DESIGNED A HOUSE, EVEN WITH THE EXTRA HEIGHT, FEELS VERY SOFT AND SUBTLE FROM THE STREET, AS I HOPE YOU CAN SEE FROM THE RENDERINGS. WE THOUGHT ABOUT OUR NEIGHBORS EVERY STEP OF THE WAY FROM THE PLACEMENT OF THE EQUIPMENT TO EACH SETBACK, AND AT GREAT FINANCIAL COST TO ME, SATISFIED MR. KRIEGER'S REQUEST OF MORE LANDSCAPING AND A TALLER WALL. BUT AS WE WENT BACK AND FORTH, IT BECAME CLEAR TO ME THAT HIS MAIN ISSUE HAD NOTHING TO DO WITH THE DESIGN OF MY HOME. HE WANTED COMPENSATION, AND HE THREATENED TO OBJECT AT THIS HEARING UNLESS I GAVE IT TO HIM. I, I OBJECT TO THAT. WE'RE NOT IN A TRIAL, SO YOU CANNOT OBJECT, SIR. ITS A TRIAL, A LEGAL RECORD. IT, I HAVE TO BE ABLE TO OBJECT. SIR, YOU'VE HAD YOUR TIME. I HAVE TO BE ABLE TO MAKE A RECORD. I HAVE TO BE ABLE TO OBJECT. I JUST SAY OBJECTION. YOU, YOU'RE NOT RECOGNIZED RIGHT NOW. THAT'S FINE. I'M STILL GONNA OBJECT. YOU'RE, YOU'RE NOT RECOGNIZED RIGHT NOW. I'M STILL MAKING THE OBJECTION FOR THE RECORD. OKAY. HE DID IT TO THIS SOUTHERN NEIGHBOR A FEW YEARS AGO, AND NOW HE WAS LOOKING TO DO IT FOR ME. IT FELT DEEPLY WRONG. AND I SAID I COULDN'T TAKE PART IN A WORLD WHERE NEIGHBORS USE THEIR LEVERAGE TO EXPLOIT EACH OTHER. THERE SHOULD BE TRUST AND DECENCY BETWEEN NEIGHBORS, NOT EXTORTION. I WANT TO END ON A POSITIVE NOTE. SO I WILL SAY IT HAS ALWAYS BEEN A DREAM OF MINE TO DESIGN A HOME. I'VE THROWN MYSELF INTO CREATING A DESIGN INSPIRED BY MY FAVORITE ARCHITECT, OLSON KUNDIG. BUT WITH A MIAMI BEACH CHARACTER AND SEOUL, THERE'S BEEN A LOT OF BLOOD, SWEAT, AND TEARS. BUT IN THE END, WE'VE DESIGNED A HOME. I'M VERY PROUD OF A HOME THAT I PLAN ON LIVING IN AND RAISING MY FAMILY IN FOR A VERY LONG TIME. THE EXTRA HEIGHT WILL IMPROVE MY QUALITY OF LIFE FOR YEARS TO COME. SO I HOPE YOU'LL GRANTED. THANK YOU VERY MUCH FOR HEARING MY TESTIMONY TODAY. I'D ALSO LIKE TO CORRECT THE RECORD. WHEN I WAS LIVING IN THAT HOME, I NEVER THREW ONE PARTY. I NEVER ENTERTAINED OUTSIDE. THE INSTANCES HE'S TALKING ABOUT WERE DURING SHORT-TERM RENTALS OVER THE SUMMER MONTHS WHEN I WAS NOT IN THE HOME. HE SPECIFICALLY CAME OVER ONE DAY TO COMPLAIN TO MY ASSISTANT ABOUT IT AND SHE CLEARED THE AIR AND SAID THAT WAS NOT US. I HAD AN OUTDOOR ENTERTAINMENT AREA BORDERING HIS PROPERTY AT 28 WEST TOLEDO. I NEVER USED IT. I NEVER PLAYED LOUD MUSIC. I NEVER DISTURBED HIM. AND YOU CAN GO LOOK AT THE NOISE COMPLAINTS TO SEE THAT. THANK YOU VERY MUCH. I'D LIKE TO SET THE RECORD THAT I WAS JUST ACCUSED OF BEING AN EXTORTIONIST AND I WANT TO HAVE THAT CLEAR ON THE RECORD IN THIS HEARING. MICHAEL? YES. SO MR. CHAIRMAN AND BOARD MEMBERS, I HAVE TWO OTHER ELEMENTS OF THE REBUTTAL I'D LIKE TO MAKE. I'D LIKE TO OFFER SOME TESTIMONY AND THEN WE HAVE AN APPRAISER HERE TO DISCUSS THE VALUATION ISSUE. OKAY. FINISH WITH WHAT YOU ARE SAYING. YES, SIR. SO WITH REGARD TO MR. CARPENTER'S TESTIMONY, I HAPPEN TO KNOW MR. CARPENTER. I THINK A GREAT DEAL OF HIM. HE WAS MY FORMER CLIENT. I ACTUALLY OBTAINED THE APPROVAL FOR THE HOME WHERE HE NOW LIVES. WHAT I WILL SAY ABOUT PRESIDENT IS WHEN YOU, IT REALLY DOES NOT NEATLY APPLY TO A DEVELOPMENT REVIEW BOARD WHEN YOU ALL GRANT ANY TYPE OF REQUEST. IT'S BASED UPON A SET OF FACTS THAT'S UNIQUE TO THAT APPLICATION. IT IS HELPFUL TO KNOW THAT THERE ARE MULTIPLE HEIGHT WAVES THAT HAVE BEEN GRANTED IN TOLEDO ISLAND. SO WE'RE NOT SOME REVOLUTIONARY FIREBRAND ASKING FOR SOMETHING FOR THE FIRST TIME. BUT I WOULD NEVER SUGGEST TO YOU ALL THAT YOU'RE BOUND BY PRESIDENT. YOU ARE NOT AN APPELLATE COURT. THE DOCTRINE HE'S REFERRING TO IS REALLY STARE DECISIS. THAT'S WHEN AN APPELLATE COURT IS BOUND BY PRIOR DECISION OF THAT SAME COURT THAT DOESN'T REALLY NEATLY APPLY TO A DEVELOPMENT REVIEW BOARD. AND IN FACT, JUSTICE BARRETT, WHO'S NOW IN SUPREME COURT IN HER RECENT BOOK, SAID DECISIS IS GOOD UNTIL WE DECIDE THAT THE DECISION WAS WRONG. SO SHE HAS A VERY NARROW OPINION OF, SORRY, DECISIS AS WELL AS, AS I DO WITH REGARD TO HIS ASSUMPTIONS. MR. CARPENTER ASSUMES THAT HIS NEIGHBOR TO THE SOUTH WILL PASS SOON. SHE'S AN ELDERLY LADY. SO THAT IS SADLY TRUE. THEN HIS SECOND ASSUMPTION IS ALSO CORRECT THAT IT'LL BE REDEVELOPED AT SOME POINT IN THE VERY NEAR FUTURE. BUT THE THIRD ASSUMPTION IS SOMEWHAT FAULTY. HIS THIRD ASSUMPTION IS THAT SOMEONE WILL COME IN AND ASK FOR A SIMILAR HEIGHT WAIVER. THE WAVE OF DEVELOPMENT I'M SEEING ON THE VENETIAN ISLAND SUGGESTS TO ME THAT THAT'S NOT CORRECT. IT'S GONNA BE MORE OR LESS AN UNDERSTORY HOME. THAT IS REALLY WHERE THE MO MAJORITY OF HOMES ARE GOING. THAT JURISDICTION WAS TAKEN A YOU ALL A FEW MONTHS AGO, UNFORTUNATELY, BUT I THINK IT'LL BE AN UNDERSTORY HOME, WHICH IS AN ENTIRELY ADMINISTRATIVE PROCESS. MM-HMM . THE OTHER ALTERNATIVE WOULD BE A LOT SPLIT, WHICH WOULD DIVIDE THIS LARGER PROPERTY TO THE SOUTH OF MR. CARPENTER TO TWO LOTS. YOU ALL HAVE JURISDICTION OVER THAT. SEEKING A HEIGHT WAIVER FOR A HOME THAT'S ON A 10,500 SQUARE FOOT LOT IS A BIT MUCH, BUT YOU ALL WOULD ULTIMATELY BE THE JUDGE OF THAT. SO I DON'T THINK THAT MR. CARPENTER'S FEAR IS WELL-FOUNDED WITH REGARD TO, UH, WHAT BILL RILEY HAS SAID. IF AN APPELLATE COURT SHOULD LOOK AT THE EVIDENCE THAT YOU ALL ARE [03:50:01] CONSIDERING TODAY, THEY DON'T WEIGH COMPETING BODIES OF EVIDENCE. THEY LOOK AT WHAT STAFF HAS SAID AND THEY LOOK AT WHETHER IT'S FACTUAL AND RELEVANT. AND I JUST HAVE A COUPLE OF QUESTIONS FOR MR. MADAN. MR. MADAN, UM, WHAT WAS YOUR UNDERGRADUATE DEGREE? I HAVE AN UNDERGRADUATE DEGREE IN PUBLIC ADMINISTRATION WITH A MINOR IN URBAN AND REGIONAL PLANNING. OKAY. AND HOW LONG HAVE YOU COLLECTIVELY WORKED AS A PUBLIC EMPLOYEE? AS A PLANNER? UM, AND JUST TO FOLLOW, I HAVE A MASTER'S DEGREE IN URBAN AND REGIONAL PLANNING AS WELL. UM, I HAVE, UH, WORKED AS A PLANNER SINCE I WAS AN INTERN AT ORANGE COUNTY IN 2006. UM, SO THAT WOULD BE 18, 19 YEARS. OKAY. SO YOU'RE MUCH MORE OF AN EXPERT THAN WHAT YOU REALLY LIKE TO TALK ABOUT, PERHAPS . I MAYBE I THANK YOU VERY MUCH YES. FOR THAT. SO I'M NOW QUALIFIED MR. MADONNA AS AN EXPERT WITNESS. HE IS THE ONE, HE'S THE AUTHOR OF THE STAFF RECOMMENDATION THAT YOU ALL ARE CONSIDERING TODAY. WITH REGARD TO OUR EFFORTS TO ACCOMMODATE MR. KRIEGER. NO, WE DID NOT COMPENSATE HIM $500,000, BUT WHAT WE DID DO IS THAT WE ENHANCED THE LANDSCAPING ALONG OUR SOUTHERN PROPERTY LINE. WE ASKED FOR A WAIVER WITH REGARD TO THE MATERIALS FOR THE WALL TO MAKE IT SEVEN FEET SOLID. WE INCREASE THE SETBACK TO 18 FEET ALONG THE SET PROPERTY LINE. WE PUSHED OUR MECHANICAL EQUIPMENT FAR TO THE NORTH. WE ARE NOT SEEKING UNDERSTORY. WE MADE SURE THE GARAGE ON THE NORTH SIDE NEXT TO THE STREET END, NOT ON HIS SIDE. WITH REGARD TO OUR REAR YARD CABANA, WE MADE SURE THERE'S A SOLID WALL FACING SOUTH, UH, TO INHIBIT ANY NOISE THAT MIGHT OTHERWISE ISSUE SOUTH. AND THE MASSING OF THE HOME, AS CODY SHOWED YOU ALL, IS HEAVILY WEIGHTED TOWARD THE STREET END. SO WITH THAT, I'D LIKE TO TURN IT OVER TO OUR APPRAISER. HE'S JUST GONNA TALK A FEW MINUTES ABOUT THE, THE VALUATION. OUR, I JUST NEED, YOU KNOW WHAT? I THINK THE APPRAISAL THING IS SUPERFLUOUS ON BOTH SIDES. I, I DON'T THINK IT'S RELEVANT AND I RESPECT THAT, MR. CHAIRMAN, WE'RE GONNA STOP THEM. WE'RE JUST GONNA SUBMIT HIS LETTER INTO THE RECORD. OKAY. I, THAT WOULD BE MR. CHAIRMAN. I, I JUST HAVE TO DO MY JOB. I'M NOT TRYING TO BE DIFFICULT. I REALLY AM NOT. BUT IF I, IF A, IF A WITNESS'S QUESTIONED, I HAVE TO BE ABLE TO QUESTION HIM TOO. IT'S JUST MY JOB. OTHERWISE, IT'S MAL PRACTICE. JUST LIKE IF HE PRESENTS AN EXPERT WITNESS, I GOTTA BE ABLE TO QUESTION HIM. SO I KNOW THAT. MAKE IT, YOU DON'T WANT ME TO VERY QUICKLY. AND THAT'S IT. OKAY. PLEASE. ALRIGHT. SO, UM, SIR, I JUST WANNA ASK YOU TWO QUESTIONS, AND I DO THINK YOU'RE A PHENOMENAL, UH, PLANNER. UM, BUT FIRST, UM, DOES THE CODE REQUIRE A LIGHTING PLAN AND THE CRITERIA WHEN IT SAYS LIGHTING PLAN SHALL BE PROVIDED, IS THAT A REQUIREMENT? THE, THE CRITERIA CALLS FOR, LET ME READ IT EXACTLY. LIGHTING PLAN SHALL BE REVIEWED TO ENSURE SAFE MOVEMENT OF PERSONS AND VEHICLES AND REFLECTION ON PUBLIC PROPERTY FOR SECURITY PURPOSES TO MINIMIZE GLARE AND REFLECTION ON ADJACENT PROPERTIES. LIGHTING SHALL BE REVIEWED TO ASSURE THAT IT ENHANCES THE APPEARANCE OF STRUCTURES AT NIGHT. SO, UM, I WOULD SAY THAT LIGHTING PLANS ARE REQUIRED AS PART OF A BUILDING PERMIT PROCESS. GENERALLY, THEY ARE NOT READY AT THIS PHASE OF THE, OF THE DESIGN PROCESS. UM, WE'RE LOOKING AT THE ARCHITECTURE OF THE SITE. UM, FOR SOME LARGER PROJECTS, WE DO REQUEST THAT THE LIGHTING PLAN BE SUBMITTED TO THE DESIGN REVIEW BOARD GENERALLY FOR SINGLE FAMILY HOMES. UM, WE LEAVE THAT AS A, AS A CONDITION THAT CAN BE ADDRESSED AS PART OF THE BUILDING PERMIT PROCESS. AND I APPRECIATE YOU DEFENDING THE STAFF RECOMMENDATION. AND AGAIN, I HAVE, UM, NO ISSUES WITH REGARD. I'M JUST WONDERING WHAT THIS, WHAT THE REQUIREMENT IS IN THAT SECTION WHERE IT SAYS THE LIGHTING PLAN THAT YOU JUST READ MM-HMM . IS THAT RELATED TO THE DESIGN REVIEW BORE'S CRITERIA, OR IS THAT RELATED TO THE BUILDING OFFICIAL? IT CAN, BUT THE DESIGN REVIEW BOARD DOES HAVE THE ABILITY TO DELEGATE CERTAIN THINGS TO STAFF. OKAY. LAST QUESTION. OKAY. WELL, LAST QUESTION. WELL, MR. CHAIRMAN, I'D LIKE TO ADDRESS SOME OF THIS WAIT MINUTE. I JUST, I MINUTE JOB. LAST, JUST LAST QUESTION. WE WILL ADDRESS THE LIGHTING PLAN AMONG OURSELVES WHEN WE TALK ABOUT IT. WHAT WAS YOUR LAST QUESTION? ONE MORE QUESTION. THAT'S IT. I'M GONNA, I'M GIVING YOU ONE MORE AND THAT'S IT. THAT'S ALL I'M ASKING FOR IS JUST ONE MORE. I JUST GOT JOB. GO AHEAD. QUESTION MY LAST, MY LAST QUESTION IS, UM, WAS THE LIGHTING PLAN SUBMITTED? THE LIGHTING PLAN WAS NOT SUBMITTED AS PART OF THIS APPLICATION? YOU, OKAY. SO THESE DESIGN REVIEW CRITERIA, THEY ARE SOMETIMES SATISFIED. THEY'RE SOMETIMES NOT SATISFIED. YOU SEE THAT IN EVERY SINGLE STAFF RECOMMENDATION. IT DOESN'T PRECLUDE US FROM PRESENTING TO YOU ALL. AND AS ROGELIO TOLD YOU, THE LIGHTING PLAN IS TYPICALLY SUBMITTED AT TIME OF BUILDING PERMIT. BUT WE'RE WILLING TO DISCUSS IT DURING BOARD MEMBER DISCUSSION. I CAN INVITE CODY UP. WE ALREADY KNOW EXACTLY WHAT TYPE OF LIGHTING'S GONNA BE IN OUR REAR YARD. OKAY. THANK YOU. THAT'S IT, MR. CHAIRMAN. GEEZ. DOES THAT CONCLUDE COMMENTS FROM THE PUBLIC? OKAY. NOW, BOARD MEMBERS WHO WOULD LIKE TO START THIS ONE? OKAY. I'LL GO. THANK YOU EVERYONE FOR SPEAKING. I KNOW THAT THAT WAS, UH, THIS IS A LOT OF TIME TO TAKE OUT OF YOUR DAY. SO JUST APPRECIATE [03:55:01] EVERYONE, UH, COMING OUT. UM, I MEAN, I, I'LL SAY I THINK RECENTLY MORE TOO, WE'VE, WE'VE COME ACROSS THIS THREE FOOT HEIGHT WAIVER ISSUE ON MULTIPLE PROJECTS WITH MULTIPLE APPLICANTS. AND, AND LIKE SOMEBODY SAID, I MEAN, WE HAVE TO TREAT THIS ON A CASE BY CASE BASIS AND AND HOW SENSITIVE THE APPLICANT'S BEING TO THE SURROUNDINGS. UM, IT'S, IT'S A WAIVER. IT'S NOT A VARIANCE. SO THERE'S DIFFERENT STANDARDS TO APPLY. UM, I THINK THAT THE CODE GIVES US DISCRETION THERE TO MORE, OBVIOUSLY MORE THAN A VARIANCE. UM, AND I MEAN, I THINK SOME OF THE ISSUES THAT WERE BROUGHT UP, UM, MAY BE OUTSIDE OF OUR JURISDICTION HERE AS A BOARD UNFOR. UM, JUST TO SAY THAT, YOU KNOW, WE'RE HERE TO SPEAK TO THE DESIGN AND TO THIS BEING A A, A WAIVER REQUEST . UM, SO I'M GONNA SPEAK JUST TO THAT. UM, I, I THINK IN THIS CONTEXT, THE, THE HOME DESIGN IS BEAUTIFUL. I'M, I'M VERY, I'M VERY IMPRESSED BY IT. AND I THINK THAT THERE WAS A LOT OF SENSITIVITY GIVEN TO, TO THE SURROUNDINGS. I THINK THAT THE, THIS, THIS LOT IS A LARGE LOT. I THINK THAT THIS IS THE INSTANCE WHEN, IF WE'RE GONNA GIVE A HEIGHT WAIVER, THIS IS TYPICALLY WHEN I THINK THIS WOULD BE APPROPRIATE. UM, AND I, I THINK THAT THE HOUSE REALLY SITS NICELY WITHIN THE LANDSCAPING THAT YOU'RE PROPOSING HERE. SO AS LONG AS, YOU KNOW, THERE ARE CONDITIONS HERE THAT, THAT LANDSCAPING WILL MATURE VERY QUICKLY OR ALREADY WILL BE MATURED. I'M, I'M, I'M IN, IN SUPPORT OF THE HOME. UM, YEAH, THAT, YEAH, LET SOMEBODY ELSE PICK AFTER THE, THE THREE FOOT WA THE THREE FOOT WAIVER IS MORE THAN AN ACCOMMODATED BY THE LANDSCAPE AND BEING THAT DENSE AND NOT BEING VIEWABLE BY THE ADJOINING PROPERTIES. SO, AND THE WALL, THE WALL IS AT REQUEST OF THE NEIGHBOR THAT IT IS ADJACENT TO. YES. THE OTHER, THE OTHER WAIVER OR VARIANCE WE'RE, WE'RE TALKING ABOUT HERE, RIGHT? YEAH. MM-HMM . I MEAN, IT'S A BEAUTIFUL HOUSE. I HAVE NO, NOTHING NEGATIVE, NEGATIVE TO SAY ABOUT IT. THANK YOU. ALRIGHT. UH, YEAH. SO I'LL SPEAK. UM, SO THERE'S BEEN SOME ACCOMMODATIONS GIVEN TO THE ADJACENT PROPERTY OWNER BY MOVING THE MEDIA ROOM, UM, MEDIA ENTERTAINMENT AREA. AND BY COMPLYING WITH THEIR REQUEST TO BUILD A WALL HIGHER, UM, THAN IT THE CODE REQUIRES, I WOULD NOT BE IN FAVOR OF BUILDING THAT WALL HIGHER. THAT IS A CODE REQUIREMENT AND THERE IS NO REASON TO BUILD IT HIGHER, UM, ESPECIALLY WITH ALL THE LANDSCAPING THAT'S GOING IN. SO I THINK THAT REQUEST, UM, SHOULD STAY WITHIN THE CODE AS FAR AS THE HEIGHT OF THE WALL. AND I THINK THAT THE NEIGHBOR IS IN AGREEMENT WITH IT JUST TO BE ABLE TO MOVE FORWARD. AND THAT SHOULD NEVER BE THE REASON FOR SOMETHING TO COME TO US AS FAR AS THE, UM, HEIGHT OF THE HOME BY AN ADDITIONAL THREE FEET. THERE WAS A PROJECT BROUGHT BEFORE US AT THE LAST MEETING ALSO IN THE VENETIAN ISLANDS WHERE THEY WANTED ADDITIONAL HEIGHT. UM, IT WAS YOUR FIRM THAT BROUGHT IT. IT WAS THE, UH, UM, ANYWAY, UM, AND THE ONLY REASON FOR WANTING THIS ADDITIONAL HEIGHT WAS TO HAVE HIGHER CEILINGS. AND I'M OPPOSED TO THAT. I, THERE OBVIOUSLY. UM, I DON'T FEEL THAT THAT IS A REASON TO APPROVE AN ADDITIONAL HEIGHT. THAT BEING SAID, AND I SAID THE SAME THING BEFORE, I'M BEING CONSISTENT. I DON'T SEE THE REASON, EVEN THOUGH AT THE LAST MEETING, THE REASON GIVEN FOR THE ADDITIONAL HEIGHT OF THE ROOF, OF THE CEILING AND THE ROOF WAS TO BE ABLE TO CAMOUFLAGE THE MECHANICAL EQUIPMENT, WHICH IN A LOT OF THAT SIZE COULD HAVE BEEN PLACED ELSEWHERE. UM, THAT BEING SAID, I DO NOT SEE THE REASON, AND THIS GOES TO, UM, REALLY SOMETHING BROUGHT UP TODAY. WE SORT OF FAVOR AS A CITY HOMES BEING BUILT WITH AN UNDERSTORY THAT THEN PROVIDE AN ADDITIONAL HEIGHT. AND WHETHER THE HOUSE HAS AN UNDERSTORY OR THE HOUSE, HERE'S THE UNDERSTORY OR THE HOUSE IS ELEVATED, WE'RE AS, AS RESIDENTS, WE ARE COMPLYING WITH A BASE FLOOD ELEVATION PLUS ONE AND IN SOME CASES PLUS MORE THAN ONE FOOT OF FREEBOARD. SO WHAT'S THE DIFFERENCE IF WE PUT A UNDERSTORY OR WE RAISE IT WITH EARTH TO COME UP WITH THAT ELEVATION? THAT'S WHERE I THINK THE FALLACY IS. AND I DON'T THINK THERE [04:00:01] SHOULD BE AN ENCOURAGEMENT GIVEN, UM, TO THOSE HOMES WITH AN UNDERSTORY, BECAUSE I DON'T, I DON'T THINK IT'S NECESSARY. I, I THINK IF YOU GIVE IT TO ONE, YOU NEED TO GIVE IT TO THE OTHER, TO BOTH. UM, SO THAT I THINK IS WORKING AGAINST THE CURRENT PROPERTY OWNER. UM, YOU KNOW, 'CAUSE HE'S, IF HE WOULD'VE BUILT WITH AN UNDERSTORY, HE'D BE EVEN MUCH HIGHER THAN WHAT'S, UH, PROPOSED RIGHT NOW. UM, SO I WOULD REQUEST THAT WE LOOK AT THAT AND DISCUSS IT AS A BOARD OR, YOU KNOW, THE PLANNING DEPARTMENT LOOK AT IT. UM, BECAUSE I DON'T THINK THAT THAT SHOULD BE THE CASE. UM, THAT THAT SHOULD BE ALLOWED. SO THOSE ARE MY, MY THOUGHTS ON THE, UM, ON THE PROJECT. I THINK IT'S A BEAUTIFUL PROJECT. UM, I THINK THAT THE LANDSCAPING, ONCE IT MATURES AND EVEN WHEN IT COMES IN, IS GOING TO BE GORGEOUS. I DO NOT LIKE UNDERST STORIES MYSELF, SO I APPRECIATE AND I UNDERSTAND YOUR FEELINGS ON IT. UM, I DO, I I WANNA MAKE ONE COMMENT THAT REALLY IS NOT PART OF THIS BOARD, UH, UH, PURVIEW, BUT UNFORTUNATELY IT HAS HAPPENED WITH OTHER PROJECTS ON OTHER PLACES OF VENETIAN CAUSEWAY, UM, WHERE PROPERTY OWNERS ARE REQUESTING MONEY IN EXCHANGE FOR GRANTING OF A FAVOR AND APPROVAL FOR A PROJECT. UM, I FIND THAT TO BE INCORRECT, TO SAY THE LEAST. AND, UM, I DON'T FIND THAT IT SHOULD CONTINUE TO HAPPEN. UM, THAT'S, UH, WHETHER YOU USE THE WORD EXTORTION ILLEGAL OR, UH, UNHEARD OF, UNFORTUNATELY, IT'S NOT UNHEARD OF UNFORTUNATELY. BUT IT IS NOT RIGHT. UM, NOR IS IT RIGHT TO REQUEST, UH, MONIES TO BE PUT IN, UH, UM, WHAT'S THE WORD IN, UH, ESCROW IN CASE THERE'S DAMAGE. IF THERE IS DAMAGE, YOU NEED TO PROVE IT AND YOU NEED TO GO TO COURT AND YOU FILE FOR THAT. UM, YOU PUT A LIEN ON THE PROPERTY IF THEY DON'T PAY YOU FOR THE DAMAGES. BUT WE DON'T DO THAT. THAT'S NOT RIGHT. IT'S NOT RIGHT AS A CITY AND IT'S NOT RIGHT AS NEIGHBORS. AND I HOPE THAT THESE TYPE OF THINGS, AND I WILL CONTINUE TO ASK EVERY PROJECT THAT COMES BEFORE THIS BOARD. 'CAUSE APPARENTLY IT IS HAPPENING QUITE OFTEN, UM, WHERE PEOPLE ARE ASKING FOR MONEY IN EXCHANGE FOR AGREEING ON A PROJECT. I WILL BE ASKING AT EVERY PROJECT UNTIL THE CITY ATTORNEY TELLS ME THAT I CAN'T ASK FOR IT. AND EVEN THEN I MAY QUESTION HIM TELLING ME THAT I CAN'T ASK FOR IT. 'CAUSE I'VE DONE THAT BEFORE TOO, . SO I THANK YOU FOR THE PRESENTATION. I THANK YOU FOR SAYING, UM, AND, AND DIVULGING THAT YOU ACTUALLY ASKED FOR THIS MONEY. THANK YOU. SO TO FINISH THIS UP, THIS IS, I'VE SAT ON THIS BOARD NOW FOR SIX YEARS. I'M ABOUT TO BE TURNED OUT AND ONE OF THE OF THE THINGS I'D LIKE TO SAY IS THAT UNFORTUNATELY I'VE SAT HERE AND WATCHED PEOPLE LIE TO OUR FACES ABOUT WHO THEY WERE AND WHAT THEY PLANNED TO DO WITH THEIR HOMES. AND SO I FIND ALL THE BACKGROUND INFORMATION A LITTLE SUPERFLUOUS. IT SHOULDN'T MATTER FOR OUR PURVIEW OF WHY THEY'RE BUILDING WHAT THEY'RE BUILDING. UM, I DON'T EVEN KNOW WHERE TO START WITH THIS STUFF. SO FIRST OF ALL, I THINK THE DESIGN IS BEAUTIFUL AND I THINK THAT I'M ALSO FRUSTRATED WITH, AGAIN, THE CITY, THE CODE. I DON'T KNOW WHY THEY GIVE US THESE WAIVERS AND THEY CREATE THIS CONFLICT AND IT SHOULD BE ONE THING OR IT SHOULD BE THE OTHER. IN THIS CASE, THIS IS SUCH A LARGE LOT THAT IT IS EQUIVALENT TO THE OTHER SIZE LOTS THAT ALLOW THIS HEIGHT WITHOUT A WAIVER. SO AGAIN, I DON'T KNOW, I THINK CODE NEEDS TO BE ADJUSTED TO THAT SO THAT THAT DOESN'T NEED TO COME IN FRONT OF US. AND WHEN YOU HAVE A LOT THAT'S THE SAME SIZE LOT AS THE OTHER ONE, THERE SHOULDN'T NEED TO BE A WAIVER FOR IT. I ALSO, IT'S IT'S IRONIC THAT YOU, YOU GUYS BOTH BOUGHT HAD REALTORS DO GIVE YOU APPRAISALS OF PROPERTY DEVALUATION, WHICH I FIND CRAZY. UM, I I WILL SAY THAT THE CEILINGS IN THIS HOME ARE 10 AND 11 FEET FROM WHAT YOU SAID. CORRECT. THAT'S NOT AN EGREGIOUS CEILING HEIGHT FOR A, A HOUSE OF THIS SIZE ON THIS SIZE LOT. UM, I WILL SAY I HEARD FROM THE NEIGHBORS AND, AND MOSTLY SUPPORT. AND I THINK THAT YOU'VE DONE EVERYTHING THAT A, A NORMAL PERSON CAN DO TO TRY TO ACCOMMODATE THE NEIGHBOR. UM, I FIND THE REQUEST FOR MONEY INSANE. AND I THINK THAT THAT NEEDS TO STOP. [04:05:01] IT SHOULD BE ILLEGAL AND IT SHOULD BE NOT DISCUSSED ANYMORE IN A, IN A SITUATION LIKE THIS. IT'S, IT'S REALLY WE, WE SHOULD. ANYWAY, UM, WHAT ELSE DID I WANNA SAY? UM, I, I THINK YOU MADE A LOT OF ACCOMMODATIONS. I THINK THE DESIGN IS BEAUTIFUL AND I THINK THAT, UM, I I WOULD SUPPORT THE WAIVER BASED ON THE SIZE OF THE LOT AND THE, THE CEILING HEIGHT. UM, AND BASICALLY WHAT ELSE HAS BEEN BUILT THERE. SO, UM, THAT'S ALL I GOT. ANYBODY ELSE? ANYTHING ELSE? DO WE WANNA MAKE A MOTION? I THINK SO. I'M SORRY. DID YOU WANNA SAY NO, NO, I AGREE. WE NEED TO THE WAIVER SEPARATELY. THE WALL HEIGHT AND THE HEIGHT BUILDING. OH YEAH. I DIDN'T EVEN TALK ABOUT THE WALL HEIGHT. SEPARATE AGAIN, BACK TO THE ACCOMMODATIONS. UM, YOU KNOW, I THINK I WOULD GIVE THIS WAIVER BECAUSE HE'S TRYING TO DO SOMETHING TO HELP THE NEIGHBOR. IT'S A BIG LOT. I THINK THE LANDSCAPING IS ENOUGH. I, I DON'T HAVE A PROBLEM WITH THE WALL HEIGHT. I MEAN, THIS IS A, THIS IS A SITUATION WHERE I THINK A HIGHER, YOU KNOW, THEY, WHAT DO THEY SAY? GOOD FENCES MAKE GOOD NEIGHBORS. THESE ARE NOT FRIENDLY NEIGHBORS. I THINK I'D PUT A, I'D GIVE A WAIVER FOR A 12 FOOT WALL THERE. YEAH. CALL IT A DAY. YEAH. AND SOME BULLET MOVES. THAT'S WHERE I STAND WITH THAT. BUT THE REALITY IS, IS THAT THE CODE SAYS FOUR FEET AND THE ONLY REASON WE'RE GOING HIGHER IS BECAUSE ONE NEIGHBOR IS REQUESTING IT. SO TOMORROW ANOTHER NEIGHBOR'S GONNA REQUEST A SEVEN FOOT HIGH WALL AND THE PERSON PRESENTING BEFORE US IS GONNA REQUEST A WAIVER TO BE ABLE TO APPEASE. AND, AND IF IT'S GOOD FOR ONE, THEN IT'S, THEN LET'S CHANGE THE CODE AND LET'S ALLOW SEVEN FEET. RIGHT? BUT, BUT TO JUST APPEASE A NEIGHBOR WHO BY THE WAY IS ASKING FOR ALL THESE OTHER THINGS THAT ARE, ARE UNHEARD OF, DOESN'T MAKE SENSE. SO I CAN CLARIFY THE, THE FENCE HEIGHTS. SO THE CODE ON FENCE HEIGHTS IS, IS TRICKY. IT'S, IT'S ACTUALLY ONE OF THE MOST DIFFICULT THINGS WE HAVE TO REVIEW WHEN WE'RE GETTING A BUILDING PERMIT. UM, THE CODE REQUIRES, ALLOWS FOR A SEVEN FOOT TALL WALL, HOWEVER YOU MAP TO, YOU HAVE TO MEASURE IT FROM THE SIDEWALK ELEVATION. IN MANY CASES THE IN, IN MOST CASES, THE HOME IS REQUIRED TO RAISE THE YARD. WE STILL HAVE TO MEASURE THE FENCE FROM WHATEVER THE SIDEWALK IS. IF YOU WANT TO GO TO SEVEN FEET, IF YOU WANNA MEASURE YOUR FENCE HEIGHT FROM THE ADJUSTED GRADE, WHICH IS WHAT YOU'RE RAISING YOUR YARD TO, THE CODE ALLOWS YOU TO HAVE A FOUR FOOT WALL AND A THREE FOOT PICKETS ABOVE THAT. MM-HMM . UNLESS WAIVED BY THE DRB. UM, SO THAT'S, THAT'S THE QUESTION BEFORE YOU IS DO YOU WANNA ALLOW THEM TO REPLACE THE PICKETS WITH A SOLID WALL? UM, SO THEY CAN HAVE SEVEN FEET, BUT IT HAS TO BE OPEN PICKETS ABOVE FOUR. SO I SWEAR THAT I'VE SEEN IN NEW CONSTRUCTION ON 30TH STREET, A HOUSE THAT HAS A RETAINER WALL THAT MM-HMM. IT'S GOTTA BE NINE OR 10 FEET. IS THAT BECAUSE IT'S FROM SEVEN FEET FROM THIS CROWN OF THE STREET? OR BECAUSE THEY'VE RAISED THEIR LOTS SO MUCH THAT IF THEY'VE RAISED THE YARD IN ORDER TO HAVE THE FENCE BE MEASURED FROM THAT RAISED ELEVATION, WHAT WOULD BE ALLOWED AS OF RIGHT. WOULD ONLY BE A SOLID WALL UP TO FOUR FEET. AND THEN IT WOULD HAVE TO BE PICKETS ABOVE. SO IF THEY DID SOMETHING ELSE, THEN SOMETHING WE'LL HAVE TO YEAH. UNLESS THEY CAME TO THE BOARD AND GOT A WAIVER. YEAH. OKAY. ALRIGHT. WELL, SO WE'LL HAVE TO LOOK INTO THAT FOR THAT. WE DO, WE HAD A PREVIOUS PROJECT, UM, THAT CAME BECAUSE YOU SAID IT NEEDED TO BE, UM, IT COULD NOT BE CHAIN LINK ON THE SIDE, BUT YET ALL THESE NEW PROJECTS HAVE A CHAIN LINK ABOVE THE RETAINING WALL TO BE ABLE TO CONTAIN THE ELEVATION OF THE PROPERTY. AND THEN THEY BUFFER IT WITH A PORT OF CARPAS OR CIA OR WHATEVER, LANDSCAPING. BUT IT'S NOT ALWAYS A PICKET, YOU KNOW, IT COULD BE A CHAIN LINK FENCE ON THE SIDE. NOT NECESSARILY ON THE FRONT OR BACK ON THE SIDE. WE, THE, UM, THE CODE USED TO, UNLESS IT'S CHANGED, ALLOWS CHAIN LINK AS LONG AS IT'S NOT VISIBLE FROM THE STREET YARD. RIGHT. THESE ARE ALL STREETS. LOOK, LET ME, LET ME LOOK AT THAT REGULATOR, BUT I THINK YEAH, LET'S STICK TO THE TASK AT HAND. SO, SO, SO THIS ONE BASICALLY IS FOUR FEET TO CONTAIN THE EARTH AND THEY CAN PUT ADDITIONAL LANDSCAPING ON TOP AND THEY CAN PUT A PICKET FENCE ABOVE THAT TO MAKE IT A SOLID WALL ABOVE THE FOUR FEET. RIGHT. IT LAURA WAIVER. YOU'RE OKAY. SO DO WE HAVE A MOTION THOUGH, BECAUSE WE WANNA MOVE FORWARD. WE HAVE TWO VARI TWO WAIVERS, CORRECT. TWO WAIVERS. WE HAVE THE HEIGHT WAIVER OF THREE FEET. CAN I MAKE ONE STATEMENT CONSTRUED THEY DID NOT AGREE TO MOVE THE ENTERTAINMENT AREA TO THE OTHER SIDE, WHICH IS A BIG THING BECAUSE LANDSCAPING DOES NOT STOP NOISE. OKAY. IT JUST DOESN'T, OKAY. MY APOLOGIES. ASK FOR THAT TO BE DONE. OKAY. AND AND THEY DIDN'T AGREE [04:10:01] TO THAT. THANK YOU. SO DO WE HAVE A MOTION? WE'LL, WE'LL START WITH THE DESIGN, I GUESS A MOTION TO APPROVE THE DESIGN. OKAY. ONE SECOND. OKAY, WE HAVE A SECOND. ALL IN FAVOR? AYE. AYE. OKAY. AND NOW WE HAVE THE WAIVERS. DOES ANYBODY WANNA MAKE A MOTION? A MOTION TO APPROVE BOTH WAIVERS? BOTH WAIVERS. I THINK YOU NEED TO TAKE THEM INDEPENDENTLY. A MOTION TO APPROVE THE HEIGHT VARIANCE. THE HEIGHT VARIANCE OF THREE FEET HEIGHT. HIGH WAIVER OF THREE FEET. YES. I'LL SECOND THAT. WE HAVE A SECOND. LAURA. ALL IN FAVOR? AYE. AYE. YOU AND YOU'RE YOU'RE IN FAVOR. I'M OKAY WITH IT 'CAUSE IT'S, YOU KNOW, THE GUY DIDN'T DO AN UNDERSTORY AND HE WOULD'VE BEEN A LOT HIGHER. SECOND WAIVER IS FOR THE, AND I THINK, I'M SORRY. I THINK ROGELIO WE DO NEED, WE DO NEED TO DISCUSS THE DIFFERENCES IN HEIGHTS BETWEEN UNDERSTORY PROPERTIES AND, AND PROPERTIES THAT ARE ELEVATED TO BASE FLOOD ELEVATION PLUS ONE AND SOME ARE GOING AS HIGH AS BASE FLOOD ELEVATION PLUS FIVE. OKAY. IF YOU'D LIKE, WOULD YOU LIKE US TO SCHEDULE THAT AS A DISCUSSION ITEM ON THE NEXT AGENDA? YEAH. YEAH. WHEN YOU'RE READY, YOU KNOW MM-HMM. WE, WHEN WE, WE HAD TO PREPARE A LOT OF GRAPHICS DISCUSSION ITEMS THAT I WOULD LIKE TO REVIEW AND, AND HAVE BEFORE. YES. TERM. OKAY. UM, OKAY. FENCE WAIVER. SECOND WAIVER FOR THE FENCE. A MOTION FOR WAIVER FOR THE FENCE. AND DO YOU HAVE A MOTION? DO WE HAVE A SECOND? I'LL SECOND. SECOND. OKAY. ALL IN FAVOR? AYE. AYE. AYE. NO. SO WE HAVE ONE? NO, YOU HAVE FIVE MOTION PASSES. OKAY. THANK YOU ALL VERY MUCH FOR YOUR TIME. THANK YOU. APPRECIATE IT. THANK YOU. I'M MATT. NEXT ITEM. WE HAVE ONE MORE. CAN WE GET THROUGH? I'M MATT. CAN WE TURN THE AIR UP A LITTLE BIT? DOES IT HAVE USUALLY COLD IN HERE? 55 DEGREES? IT'S YOU? NO, BUT SOMETIMES IT APPARENTLY, UM, SCOTT, CAN YOU DO 69 40 AVERAGE? YEAH. OKAY. YEAH, YEAH. THAT'S OUR LAST ONE. WE SHOULD JUST DO IT. NO, NO. THEN WE HAVE THE DISCUSSION. YOU TOO. . THAT'S DISCUSSION. I DUNNO. WE HAVE LUNCH . SO WHAT DO YOU WANT DO? NO, WE CAN DO IT. I'M, YEAH. DISCUSSION. THAT'S QUICK. DO YOU REMEMBER ME? YOU WERE THE ASSISTANT CITY ACTOR BEFORE I WAS JOE JIMENEZ READY? I WAS HERE 10 YEARS. ARE WE READY HERE? THE NEXT ITEM, PLEASE TELL ME AGAIN. JOE JIMENEZ. JOE JIMENEZ. I, I CAME OVER WITH JIMMY WHEN JIMMY FIRST CAME. OH, WHEN JIMMY WAS HERE. OKAY. BUT I STAYED, I REMEMBER THE NAME. YEAH. . I REMEMBER IT. . SO YOU ARE HERE FOR 69, 40, RIGHT? ? YES. OKAY. YES. ALL RIGHT. AS THE ABSENCE OF PEOPLE PROVES, I THINK THIS ONE IS A LITTLE LESS CONTROVERSIAL THAN THE PREVIOUS . I NOT HAVE THAT ONE. SURPRIS. YOU, I, WHAT SURPRISED ME IS HOW, HOW MUCH PRETTIER THE ROOM IS FROM WHEN I LEFT. I HAVEN'T BEEN IN HERE IN 10 YEARS, SO I WAS LIKE, YES. BRUCE IT UP. WELL IT'S JUST RENOVATED. YEAH, IT SAW THE PLAQUE OUTSIDE. ALRIGHT, WE'RE GONNA GO TO THE NEXT [9. DRB24-1070, FKA DRB22-0886, 6940 Abbott Avenue.] ITEM ON THE AGENDA. DRB TWO FIVE DASH 10 88. 69 45 ABBOTT AVENUE. NO, 69 40. AM I WRONG? NINE. NO. D 8 24. 10 74. OH, I'M SORRY. SORRY. THERE'S TWO THAT ARE ACROSS THE STREET FROM EACH OTHER. SO YOU, YOU MIGHT BE LOOKING AT THE OTHER ONE. WE WENT BACKWARDS. OKAY. D RV 24 DASH 10 70. OKAY. 69 40. OUR AVENUE AND APPLICA. THIS APPLICATION HAS BEEN FILED REQUESTING A MODIFICATION TO PREVIOUSLY [04:15:01] DESIGN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW 10 STORY MIXED USE BUILDING, INCLUDING WAIVERS. SPECIFICALLY THE APPLICANT IS REQUESTING A VARIANCE OF THE FRONT YARD SETBACK. AND ONE MORE WAIVERS. OKAY. SO THIS IS, UM, THIS IS AN APPLICATION THAT WAS APPROVED ORIGINALLY ON MARCH 8TH, 2024. UM, IT'S FOR A 10 STORY MIXED USE BUILDING, INCLUDING SOME WAIVERS, UM, FOR THE COMBINED LOADING PARKWAYS AND DRIVEWAYS. UM, THIS IS A, A BUILDING THAT, UM, WILL BE RESIDENTIAL, UH, PRIMARILY AND THERE'S SOME, A HOTEL COMPONENT TO, TO THE BUILDING. UM, IT DOES HAVE PARKING, IT HAS ITS LOADING INTERNALIZED. NONE OF THAT IS CHANGING. UM, WHAT HAPPENED HERE IS, UM, A COUPLE ISSUES. FIRST, WHEN THE APPLICANT WAS IN FOR PERMITTING, FDOT ADVISED THE APPLICANT OF THE FUTURE RAISING OF ABBOTT AVENUE, WHICH IS PART OF STATE ROAD A ONE A. UM, IT IS THE SOUTHBOUND LANES OF STATE ROAD A ONE A COLLINS FORMS THE NORTHBOUND ROADS, LANES OF STATE, STATE ONE A ONE, A STATE ROAD, A ONE A. UM, AS A RESULT OF THAT, THEY HAVE SOME ISSUES WITH THE DIFFERENTIATION BETWEEN THE ELEVATION OF THEIR GROUND LEVEL AND THE ELEVATION OF THE SIDEWALK. UM, THAT WAS NOT CONTEMPLATED AT THE TIME THAT THIS ORIGINALLY CAME IN FOR THE BUILDING PERMIT. WE THOUGHT THE BUILDING WAS GONNA BE LOWER, AND SO THEY WERE GONNA BE ABLE TO HAVE THEIR, UM, UM, SLOPING AND RAMPING ORGANIZED IN A DIFFERENT WAY THAN WHAT IS ULTIMATELY EXPECTED. UM, SO AS A RESULT, EXCUSE ME, THEY ARE REQUESTING A WAIVER OF THE, UM, CLEAR PEDESTRIAN, UH, PATH, UM, TO ALLOW FOR THAT PEDESTRIAN PATH TO BE SPLIT BETWEEN THE LOWER SIDEWALK LEVEL. AND THEN THEY'LL HAVE A PORTION THAT'S ON THEIR PROPERTY TEMPORARILY ONCE THE ROAD, AND THEN AS, AND THEN THEY'LL HAVE A RAMP IN BETWEEN THAT. ONCE THE ROAD IS EVENTUALLY RAISED, THEY WILL BE ABLE TO REMOVE THE RAMP AND EVERYTHING SHOULD BE AT THE SAME ELEVATION. AND WE WILL HAVE, UM, THE WIDER SIDEWALKS AS IS INTENDED BY THE CODE. UM, SO GR STAFF IS NOT OPPOSED TO THE GRANTING OF THE WAIVER. IT DOES APPEAR TO BE TEMPORARY. WE HAVE INCLUDED A CONDITION IN THE DRAFT ORDER THAT REQUIRES THAT THE APPLICANT WORK WITH THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FACILITATE THE HARMONIZATION BETWEEN FUTURE ROAD RAISING PROJECTS AFFECT AFFECTING THE SUBJECT PARCEL. OKAY. UM, AND THEN THE APPLICANT SHALL ENSURE THAT THE CLEAR PEDESTRIAN PATH REQUIREMENT IS MET UPON THE COMPLETION OF THE HARMONIZATION. SO, UM, THEY, THEY GUARANTEE THAT THEY WILL BE WORKING WITH FDOT ONCE AND THE CITY ONCE THAT HAPPENS. UM, IN A HAVE FUN WITH THAT IN A, IN A FUN WAY, UH, THERE SHOULDN'T BE TOO MANY ISSUES BECAUSE THERE'S NO DRIVEWAYS THERE. THE DRIVEWAYS IS REALLY WHERE WE RUN INTO ISSUES WITH HARMONIZATION, RIGHT. PROJECTS LIKE THIS. SO THERE SHOULDN'T BE ANY ISSUES THERE. DRIVEWAYS ARE ALL ON THE OTHER SIDE OF THE BLOCK. THIS, THIS PROPERTY SPANS THE ENTIRE, UH, WIDTH OF THE BLOCK. THEY'RE PROVIDING THE ENTIRE PASSE ON THE NORTH END OF THE BLOCK. OKAY, SO THIS IS A, SO, ALRIGHT, SO THIS, UM, ONE MORE ISSUE IS A VARIANCE THAT THEY'RE REQUESTING. UM, THE PROPERTY, THE, THE, THE CODE REQUIRES A 10 FOOT SETBACK. WHEN WE LOOKED AT THE PLANS ORIGINALLY, AND WHEN WE GOT THE FIRST SURVEY, THE PLANS DID NOT TAKE INTO ACCOUNT A TWO FOOT DEDICATION THAT HAD BEEN MADE IN 1949 BY THE OWNER, THE ORIGINAL OWNER OF THE LAND. I BELIEVE IT WAS MR. ABBOTT, MR. ABBOTT, WHO ABBOT. UM, AND SO EVENTUALLY THE SURVEY WAS UPDATED. IT SHOWED A TWO FOOT AREA. WE THOUGHT IT WAS AN EASEMENT THAT IT WOULD'VE COUNTED AS PART OF THAT 10 FOOT SETBACK. UM, UM, BUT IT TURNS OUT THAT IT ACTUALLY WAS A DE DEDICATION. SO IT'S NOT PART OF THE PROPERTY, THEREFORE IT DOESN'T COUNT AS THE SETBACK. SO THEY ARE REQUESTING, UM, AN EIGHT, A VARIANCE OF TWO FEET TO ACCOUNT FOR THAT DE DEDICATION. SO TECHNICALLY THEIR SETBACK WILL ONLY BE EIGHT FEET. IT DOESN'T REALLY AFFECT THE WAY THE PROPERTY WILL LOOK. THAT TWO FOOT DEDICATION IS FOR THE SIDEWALK. IT WILL FUNCTION FOR SIDEWALK. IT DOESN'T CHANGE THE, THE FUNCTIONING OF THE PROPERTY, GIVEN HOW ADVANCED, UH, THEY ARE IN TERMS OF THE DESIGN AND, AND STARTING CONSTRUCTION. UM, STAFF IS NOT OPPOSED TO THE GRANTING OF THE VARIANCE. SO WITH THAT, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED. AND BEFORE WE START, JUST ANY DISCLOSURES FROM THE BOARD? NOPE. THANK YOU ROGELIO. UH, FOR THE RECORD, JOE JIMENEZ, JMZ GROUP OFFICES AT 2020 SALZEDO STREET IN CORAL GABLES ON BEHALF OF 69 40 NORTH BEACH, LLC. THE APPLICANT HERE JOINED BY JOSE CHETTY, THE DEVELOPER, AND MY COLLEAGUE LISA PALINO. UM, I WILL MAKE EVERY EFFORT TO MAKE THIS INCREDIBLY BRIEF. I THINK THE LIO EXPLAINED EVERYTHING, EVERYTHING WELL. UM, THIS UNFORTUNATELY WAS TWO MISCOMMUNICATIONS. ONE WAS THE, AND IF WE CAN PUT UP THE PRESENTATION, I WOULD APPRECIATE IT POORLY. THIS WAS PREVIOUSLY ITEM 13. IT'S ONLY ABOUT FIVE, FIVE OR SIX. OH NO, SORRY. ITEM NINE. ITEM NINE. IPOL. I APOLOGIZE. ITEM NINE. ITEM NINE. [04:20:05] THERE WE GO. SO AS ROGELIO SAID, THE ONLY CORRECTION I'LL MAKE THIS WAS APPROVED ON MARCH 8TH, 2023, UNANIMOUSLY BY THE, BY THE MEMBERS OF THE VRB BACK THEN. NEXT SLIDE PLEASE. YOU CONTROL IT THERE. OH, BETTER. WHERE THERE'S A COMPUTER SOMEWHERE IN THERE. OKAY. SO AS ROGELIO SAID, THE, THE TWO REQUESTS ARE A WAIVER OF THE CLEAR PEDESTRIAN PATH AND A SETBACK VARIANCE. THE PEDESTRIAN PATH WAIVER, WHICH IS HIGHLIGHTED HERE IN RED AND ZOOMED IN HERE, UM, IS BASED ON SECTION 7.2. AND ALL OF THOSE LETTERS THAT I'M NOT GONNA BORE YOU WITH, BUT THE SPECIFIC JURISDICTION THAT THIS BOARD HAS IS FOUND THE CODE SECTION THAT SAYS, SHOULD THERE BE A CONFLICT WITH THE ELEVATIONS AND FDOT ROADWAY PROJECTS, THE DRB MAY WAIVE THE REQUIREMENT FOR A CONTINUOUS LEVEL ELEVATION. THE GOOD THING ABOUT THIS, AS ROGELIO SAID, THIS IS A TEMPORARY SITUATION. WE ANTICIPATE THIS ROAD BEING RAISED FIVE YEARS, SEVEN YEARS. WE HOPE THAT IT'S SOONER. THE GOOD THING ALSO IS THAT THE CONDITION PLACED BY STAFF, UNLIKE WHEN PROPERTIES ARE LOWER AND YOU'RE GONNA HARMONIZE AND YOU GOTTA WORK WITH THEM TO BE LOWER THAN THE ROAD, WE'RE ALREADY WORKING WITH IT BY RAISING THE BUILDING NOW. SO IT'S ACTUALLY GONNA BE A PRETTY EASY HARMONIZATION. WE WENT THROUGH SEVERAL POSSIBILITIES. AT ONE POINT PUBLIC WORKS SAID, WELL, MAYBE A, MAYBE A WALL LIKE LEAVE IT WHERE YOU ARE, BUT, YOU KNOW, RAISE IT. BUT A WALL DOWN ABBOTT, IT JUST DIDN'T WORK. AND WE THOUGHT THIS WAS SORT OF THE BEST SOLUTION TO GET PEOPLE INTO THE BUILDING. YEAH. AND, AND ALSO CONTINUE SOME FORM OF PEDESTRIAN EXPERIENCE. THE PLANS, AS YOU CAN SEE, BOTH HAVE THE STAIRS, THE STEPS ON THE BOTTOM, AND THE RAMP IN THE MIDDLE ALL COVERED THERE IN RED OR BY THE DOTTED LINE. ALL ARE LABELED WILL BE DEMOLISHED AFTER ABBOTT AVENUE IS, IS RAISED. THIS IS A PRELIMINARY RENDERING OF WHAT THIS WOULD LOOK LIKE. UM, AGAIN, THIS WOULD'VE EASILY BEEN ASKED FOR BACK IN MARCH 8TH, 2023. WE JUST DIDN'T KNOW. WE DIDN'T KNOW WE NEEDED TO ASK FOR IT. THIS DIDN'T REALLY COME UP UNTIL PUBLIC WORKS AND DOT TOLD US WHILE WE WERE APPLYING FOR A BUILDING PERMIT. SO WE'VE HAD TO COME BACK. AND THAT HENCE THE REVISION, THE VARIANCE, AGAIN, RAHEL EXPLAINED IT PERFECTLY. IT WAS A 1949 DEED THAT READ LIKE A, IT READ LIKE AN EASEMENT. IT READ LIKE A SIDEWALK, LIKE A RIGHT AWAY EASEMENT. UM, AND IT WASN'T UNTIL WE STARTED FOUNDATION WORK WITH A FOUNDATION PERMIT IN HAND THAT I GOT A CALL THAT SAID, WE JUST FIGURED OUT THAT THIS ISN'T OUR PROPERTY. IMMEDIATELY WENT TO THE CITY. I CALLED ROHELIO. I CALL CARMEN, WE HAVE A HOLD HARMLESS 'CAUSE WE HAD TO KEEP GOING. UM, AND WE ARE DOING IT AT OUR OWN RISK. I'M NOT PRESUMING IN ANY WAY THAT THIS IS FADE OUT COMPLETE, BUT GIVEN THE STORY THAT I WILL TELL YOU AND, AND THAT ROGE WILL CONFIRM, IT IS SOMETHING THAT IF IT WEREN'T FOR THE WAIVER, IT WOULDN'T CHANGE THE DESIGN. THIS BOARD APPROVED FOUR ZERO ALREADY. THERE'S NOTHING. NOW WE'RE JUST CALLING IT A VARIANCE. AND AGAIN, IT WOULD'VE BEEN SOMETHING THAT WAS VERY ASKABLE FOR AS MANY OF MY PREDECESSORS TODAY ASKED YOU FOR THEM. UM, BUT MOST IMPORTANTLY, THIS IS NOT SOMETHING CAUSED BY THE APPLICANT. THIS IS SOMETHING THIS RIGHT OF WAY. FOR WHATEVER REASON, THIS TWO FEET MOVED AWAY FROM THE ORIGINAL PLATTED LOT, THE ORIGINAL INTENTION OF ABBOTT. THE PROPERTY LINE JUST MOVED TWO FEET. WE'RE KEEPING IT A SIDEWALK. IT'S EXACT SAME. HAD IT NOT BEEN MOVED, IT WOULD STILL LOOK EXACTLY THE WAY IT DOES TODAY. THIS DOES NOT INCREASE THE FAR. WE DIDN'T, JUST BECAUSE THERE'S 200 LESS FEET OF THE PROPERTY. WE DON'T GO OVER FAR. WE'RE STILL BELOW THE, THE, WHICH WAS MY BIGGEST WORRY WHEN I WHEN I HEARD, BECAUSE I KNOW WHAT THAT IS HERE. UM, AND THE ONLY THING IS THAT NOW INSTEAD OF BEING A 10 FOOT SETBACK, IT'S, IT'S AN EIGHT FOOT SETBACK WITH ACKNOWLEDGING THAT IT IS A VARIANCE THAT IT IS NOT OURS. UM, BUT OTHER THAN THAT, THAT'S, THAT'S THE HARDSHIP. IT IS NOT THE ORIGINAL INTENTION. IT'S OBVIOUSLY COMPATIBLE WITH THE LAND DEVELOPMENT REGULATIONS. IT GOES BACK TO THE ORIGINAL PROPERTY LINE. IT'S BEING USED EVEN FOR WHAT THE 1949 DEED WAS MEANT, WAS MEANT FOR. SO WITH THAT, UM, I CAN GO THROUGH THE OTHER CRITERIA. I DON'T WANT TO BELABOR THE POINT. THESE ARE THE FACTS. AS I, AS I JUST DESCRIBED THEM TO YOU. THIS PRESENTATION IS OBVIOUSLY A PART OF THE RECORD. AND JUST TO PUT IT ON THE RECORD, SPECIAL CONDITIONS EXIST. OBVIOUSLY, THE DEED NOT CAUSED BY THE APPLICANT. THIS DOESN'T GIVE US ANY SPECIAL PRIVILEGE. IT JUST LET'S US USE THE ORIGINAL STREET. THIS IS THE ABSOLUTE MINIMUM VARIANCE REQUESTED. IT'S A TWO FOOT DEDICATION. IT'S A TWO FOOT ASK. UM, THE GENERAL INTENT OF THE LDRS, AS I SAID. AND IT'S COMPLETELY CONSISTENT WITH A COMPREHENSIVE PLAN. AND WITH THAT, I WILL SAY THANK YOU AND OBVIOUSLY OFFER TO ANSWER ANY OF YOUR QUESTIONS. OKAY. AND I DON'T ANTICIPATE NEEDING TIME FOR REBUTTABLE. LET ME JUST IN CASE OKAY. WE'LL TAKE ANY PUBLIC COMMENT IF THERE IS, WE DO HAVE A HAND RAISED CARLOS RAA. [04:25:02] CARLOS WAS SWORN IN EARLIER, I BELIEVE. OKAY. WITH THE OTHER APPLICANT ACROSS THE STREET. YEAH. GOOD AFTERNOON. YEAH, I SPOKE EARLIER. UM, I, UM, ANNIKA, UH, 4 0 1 69 STREET. SO WHERE THE NEIGHBORING BUILDING TO THIS NEW, UH, CONSTRUCTION PROJECT. UM, WHAT WOULD BE THE DISTANCE BETWEEN THE LOWEST, UH, STEP, UM, AT THE ENTRANCE OF THIS NEW BUILDING AND, UM, AND THE CURVE AND THE, AND THE STREET. WHAT WOULD BE THE, THE DISTANCE, THE WIDTH OF THE SIDEWALK? ULTIMATELY AT THIS POINT, IT'D BE AS LEFT. IT WOULD BE FIVE FEET. WE'RE GOING INTO, WE'RE USING, WE'RE USING HALF OF THE CLEAR PEDESTRIAN PATH. SO IT WOULD, IT WOULD LEAVE FIVE FEET AND THEN THE FIVE FEET RAMP AND STEPS WOULD BE TAKEN OUT ACTUALLY, I'M SORRY. AND WHEN THEY'RE TAKEN OUT, IT WOULD BE WIDER. WE'RE USING FIVE FEET OF THE CLEAR PEDESTRIAN PATH. BUT SOME OF IT IS ACTUALLY ON PRIVATE PROPERTY. SO IT WINDS UP AT 11 FEET ONCE REMOVED. BUT WE'RE SIX FEET. SIX FEET, ONE ON OURS, FIVE ON THE CLEAR, AND THEN FIVE ON PURE RIGHT AWAY. I, I I I, I'M, I'M CONCERNED ABOUT A DA REQUIREMENTS, LIKE I'M CONCERNED ABOUT WHEELCHAIR ACCESS FOR PEOPLE. UM, UM, AS IT IS, YOU KNOW, A LOT OF THE SIDEWALKS AROUND THIS NEIGHBORHOOD ARE REALLY NARROW. AND, AND IT WAS, IT WAS NICE TO SEE THAT WE'RE GOING TO HAVE WIDER SIDEWALKS AND THAT WE'RE CONSISTENT WITH THE PLAN FOR THE NEIGHBORHOOD. AND, AND I'M ALSO, I GUESS A LITTLE CONCERNED THAT, THAT, THAT YOU'VE GOTTEN THIS FAR WITH THE CONSTRUCTION OF THE BUILDING. YOU HAVE ALL THE FOUNDATION, YOU HAVE YOUR BUILDING COLUMNS AND YOU'RE BUILDING THE RAMP FOR THE PARKING GARAGE AND A LOT ALL SUDDEN, LIKE SIX MONTHS INTO CONSTRUCTION. THIS, THIS COMES UP LIKE SO LATE . UM, IS THERE ANY OTHER WAY TO DEAL WITH THIS? LIKE, LIKE STARTING THE STEPS AT, AT THE 10 FOOT LINE SO THAT, SO THAT THE STEPS UNDER THE RAMP GO FARTHER INTO THE BUILDING OR UNDERNEATH THE BUILDING, UNDERNEATH THE FIRST FLOOR INSTEAD OF PUTTING IT ON THE SIDEWALK? NO, THERE ISN'T. UM, AND THE SIDEWALK THAT WE'RE LEAVING IS ACTUALLY WIDER THAN THE ONE NEXT TO 4 0 1 BLUE. UM, IT DOES WIDEN UP A LITTLE BIT. AND I DIDN'T HAVE THAT IN MY PRESENTATION, BUT I WAS LOOKING AT IT TODAY. UM, I DIDN'T WANT TO MENTION ANOTHER PROPERTY BECAUSE IT, IT IS TEMPORARY IN NATURE. UM, THERE IS NO WAY BECAUSE OF THE ELEVATION FROM WHERE WE ARE TO WHERE WE'RE GOING, THERE JUST ISN'T ENOUGH SPACE. UM, I DO NOT HAVE THE BACKGROUND TO DISCUSS THE GEOMETRY OF ARCHITECTURE, BUT I HAVE BEEN ASSURED THAT THERE IS, THERE WAS NO WAY TO DO IT, ESPECIALLY GIVEN THAT IT WAS TEMPORARY. THE ONLY OTHER WAY THAT THE CITY EVEN SUGGESTED WAS, AS I SAID, A WALL LEAVING SIDEWALK DOWN THERE AND THEN JUST PUTTING, PUTTING A WALL DOWN. UM, ABBOTT, WHICH I, I WAS HERE WHEN WE RAISED SUNSET HARBOR, AND I WOULD RATHER BUILD UP NOW AND HARMONIZE LATER. THAT'S WHAT YOU, THE CITY AND FDOT WORKS WITH. I MEAN, THAT'S KIND OF DICTATED EVERYWHERE ELSE. I KNOW WHERE THIS, THERE'S A LOT OF THIS AROUND THE CITY RIGHT NOW, SO YES, I'M SURE THAT, YEAH, YOU DON'T REALLY HAVE CONTROL OVER IT. IT'S A PROBLEM YOU'RE FACING. THANK YOU. YOUR SIDEWALK WITH DURING THE TEMPORARY STAGE, WHICH NOTHING WITH FDOT IS TEMPORARY, BUT, UM, THE SIDEWALK WIDTH IS GONNA BE X AND AFTER THE TEMPORARY IS DONE, WHAT IS THE SIDEWALK WIDTH GOING TO BE? 11. BEFORE AND AFTER? NO. OH, BEFORE FIVE. FIVE AND AFTER. AFTER 11. 11. OKAY. AND WHEN DID FCE SAY THAT THEY WERE GOING TO BE DOING ABBOTT? WE ANTICIPATE THE PROJECT TO BE DONE AND STARTED. UM, WE'VE BEEN TOLD LIKE THREE TO SEVEN YEARS, BUT THAT'S THE BEST THAT I CAN AND THEY HAVE MONEY FOR IT, SUPPOSEDLY. NOW , THEY HAVE A PLAN. IS THERE STREET TREES PLANTING ALONG THAT NARROW AREA? THE STREET TREES WOULD LIKELY HAVE TO WAIT TO BE PLANTED UNTIL AFTER BECAUSE, UM, I, I DON'T REMEMBER HIS LAST NAME. 'CAUSE IT WAS JUST FOR CARLOS. UM, THE GENTLEMAN THAT WAS THERE. A DA IS NOT AN, YOU KNOW, AN OPTION. SO IT'S, IT'S NOT, I MIGHT NOT, I HAVE TO, SO THE TREES, THE TREES IN FIVE FEET WILL CANNOT GO IN. SO WE, WE'VE GOT SOME, WE'RE THINKING OF HOW TO MAYBE DO SOMETHING ON OUR SIDE TO BEAUTIFY, BUT WITH RESPECT TO STREET TREES, THERE'S NO WAY THEY'LL FIT AND ACCOMMODATE F YEAH, I SEE 'EM IN THE PLAN THAT IT WOULDN'T WORK. NO. YEAH. AND THAT'S WHY I DIDN'T SHOW THEM IN THE RENDERING. UM, I DIDN'T, THERE'S JUST, THERE'S NO WAY WE WOULD BE RESPONSIBLE FOR THE STREET TREES AFTER. YEAH. OKAY. WE ARE A SUCCESSOR. WHOEVER, UH, YOU SAID THAT IT, IT WOULD TAKE ANYWHERE [04:30:01] TO SEVEN YEARS TO BUILD, UH, WHEN YOU COULD SEE THEM COMPLETING THE WHOLE PROCESS LIKE 10 MORE YEARS. I, I, I WOULDN'T EVEN BE ABLE TO SAY, I MEAN, THIS IS, I'M ALWAYS, I'M ALWAYS LOW TO SAY. I MEAN, I DON'T WANNA PUT YOU ON THE SPOT. I'LL TELL THEY WORK AT NIGHT. THEY WORK AT NIGHT. YEAH, THEY WORK DAY AND NIGHT. AND I DON'T KNOW HOW WHAT STRETCH OF ALT OF, UM, ABBOTT THEY'RE DOING. BUT IF, YOU KNOW, IT ALSO DEPENDS. DEPENDS HOW, IT ALSO DEPENDS HOW UNFINISHED THEY LEAVE. YEAH. UH, SO IT SOMETIMES THEY DON'T FINISH A BLOCK AND THEN MOVE ON TO THE NEXT BLOCK. JUST ECONOMIES OF SCALE DICTATE JUST TEARING UP AND THEN DOING IT IN A LONGER STRETCH. THAT'LL ALL DEPEND. THE GOOD THING IS, IN THIS CITY, I'VE ALWAYS SEEN THEM WORK AT NIGHT. I, WHEN WE DID ALTON BACK IN 13, THEY WERE WORKING AROUND THE CLOCK. SO HERE THEY TEND TO WORK A LITTLE FASTER THAN IN SOME OTHER COMMUNITIES WHERE THEY DON'T LIKE 'EM TO WORK AT NIGHT. SO UNLESS THAT'S CHANGED, I'M JUST SAYING IN MY EXPERIENCE, SO I, I AGREE. THE EXISTING SIDEWALKS ARE AWFUL ANYWAY. MM-HMM . OKAY. GREAT. ANYBODY ELSE? I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE VARIANCE TO REDUCE THE MINIMUM REQUIRED SETBACK ALONG ABBOTT AVENUE FROM 10 FEET TO EIGHT FEET. WAIT A SECOND. SECOND. THE, THE, THE, YOU MEAN THE WAIVER? THE WAIVER. WAIVER. I'M SORRY. NO VARIANCE. NO, THAT YOU'RE TALKING ABOUT THE WA VARIANCE. OKAY. SORRY. I APOLOGIZE. OKAY. YEAH, VARIANCE. YOU CAN ACTUALLY CONSIDER THEM BOTH TOGETHER IF YOU'D LIKE. OH, IT'S UP TO YOU. OKAY. AND, AND THAT WE APPROVE THE WAIVER FOR THE MINIMUM TEMPLATE WIDE CLEAR PEDESTRIAN PATH REQUIREMENT TO ADDRESS CONFLICTS BETWEEN FDOT ROADWAY PROJECT AND, UM, THE ELEVATION OF THE EXISTING PROJECT. OKAY. DO WE HAVE A SECOND? SECOND. ANY DISCUSSION? ALL IN FAVOR? AYE. AYE. AYE. OKAY. PASSED UNANIMOUSLY. THANK YOU. THANK YOU VERY MUCH. I APPRECIATE IT. GOOD LUCK. THANK YOU. UM, [14. Discussion on Permeability Requirements] NEXT, DO WE HAVE THE FINAL ITEM THEN WE HAVE DISCUSSION OF THE, UH, PERMEABILITY REQUIREMENTS. YEAH. YES. THIS WAS A DISCUSSION ITEM REQUESTED BY THE BOARD. UM, THE DISCUSSION ITEM CAME ABOUT AS A RESULT OF, UM, TYPES OF VARIANCES THAT WE SEEM TO BE GETTING ON UNDERSTORY HOMES THAT ARE ON VERY, VERY, VERY, VERY LARGE LOTS. UM, THE CODE, UM, IN ORDER TO IMPROVE THE PERMEABILITY OF THESE UNDERSTORY AREAS TO ALLOW FOR WATER TO DRAIN BETTER, UH, REQUIRES THAT IN THE UNDERSTORY AREAS, UM, THAT YOU HAVE NO, UH, CONCRETE ASPHALT OR SIMILAR MATERIAL WHICH IS TICKED, TYPICALLY IMPERVIOUS. UH, THE CODE REQUIRES THAT IN UNDERSTORY AREAS THAT ARE NOT AIR CONDITIONED, THAT YOU HAVE, UH, POROUS OR SEMI POR, UH, POROUS OR SEMI PERVIOUS MATERIALS SUCH AS WOOD DECK GRAVEL OR PAVER SET AND STAND. IN SOME OF THESE LARGER PROPERTIES, WE'RE SEEING THAT BECAUSE THE AREAS ARE SO LONG AND YOU TEND TO HAVE SAGGING, YOU TEND TO HAVE SOME OTHER ISSUES. THEY ARE REQUESTING VARIANCES OF THIS BOARD IN ORDER TO BE ABLE TO HAVE CONCRETE. UM, WE'RE NOW SEEING SOME MORE INNOVATIVE SOLUTIONS AS A RESULT OF THAT, WHERE THEY'RE NOT USING A FULL SLAB OF CONCRETE, BUT THEY'RE USING A GRID OF CONCRETE IN ORDER TO SUPPORT THE PAVERS. BUT IT STILL HAS, UH, A SIGNIFICANT AMOUNT OF OPEN SPACE. HOWEVER, BECAUSE THE CODE HAS A STRICT PROHIBITION ON CONCRETE, THOSE DO AT THIS POINT IN TIME REQUIRE THAT, UH, THAT THEY SEEK A VARIANCE IN ORDER TO ALLOW THOSE. SO THAT WAS JUST A QUICK, IS CAN THEY, CAN THEY DO, UM, UH, EXFILTRATION SYSTEMS UNDERNEATH THAT UNDERSTORY TO CAPTURE THE WATER IN DIFFERENT AREAS AND THEN MOVE IT OUT? ABSOLUTELY. SO THEY CAN DO THAT. THEY CAN HAVE, INSTEAD OF BIG PAVEMENT PIECES OR BIG CEMENT PIECES, YOU'RE SAYING HAVE SMALLER PIECES THAT ARE PERVIOUS AND THAT ARE ON SAND. AND THAT ARE, IS THERE A MEASURE OF PERMEABILITY? THE, SO IN THIS, SO DEPE DEPENDS ON WHAT YOU'RE DEFINING. WE HAVE SOME DEFINITIONS FOR, UM, UH, PERVIOUS DRIVEWAYS THAT DO HAVE A MEASURE THAT THEY HAVE TO HAVE 20% VOIDS OR OPENINGS. IN TERMS OF THE UNDERSTORY AREA, WE JUST SAY THAT YOU HAVE TO HAVE PAVERS SET IN STAND, BUT WE DON'T, UH, HAVE A STANDARD ON WHAT THE MOBILITY IS. SO THERE'S NO STANDARD OF WATER PER PERCOLATION, WHATEVER PER, UM, THERE'S A, THERE'S A TERM, UM, HOW, HOW FAST THE WATER CAN PERCOLATE. YEAH. YEAH. FOR THE UNDER STORE AREA, WE DON'T HAVE A SET. THERE'S NOT, SO, SO I MEAN, A PRETTY QUICK SOLUTION WOULD BE TO JUST TAKE OUT CONCRETE AND MAKE, PUT A GRID SYSTEM IN OR SOMETHING THAT, YEAH. IS THERE A WAY TO, IS THERE A TECHNICAL WHICH IS NO DIFFERENT THAN WHAT WE YEAH. WHAT THE CITY [04:35:01] REQUIRES ON A DRIVEWAY. UM, IT HAS TO BE PERMEABLE. THEY HAVE TO HAVE AN EXFILTRATION SYSTEM. MM-HMM . UH, NO PROPERTIES, NO, NO HOMES. THEY HAVE TO HAVE AN EXFILTRATION SYSTEM IN THE BACK, ON THE SIDES IN THE FRONT. THEY HAVE TO HAVE PERMEABLE PAVERS. UM, SO WHY NOT REQUEST THE SAME? IS IT A PROBLEM WITH REQUESTING THE SAME FOR THE UNDERSTORY? THERE, THERE, UM, SO THERE ARE ENGINEERING STANDARDS THAT WE COULD USE FOR, FOR HOW MUCH WATER CAN PERMEATE THROUGH A MATERIAL AND HOW WATER CAN PERCOLATE THROUGH A MATERIAL. UM, THE ONLY ISSUE THAT I SEE IS JUST A LOT OF TIMES FOR THESE LARGER HOMES, THEY'RE, THEY'RE WILLING TO SPEND THE MONEY ON THE ENGINEERS. IT'S NOT A PROBLEM FOR THE SMALLER HOMES. THEY JUST WANNA PUT PAVERS DOWN OR DO SOMETHING AND, AND THEY DON'T NECESSARILY WANNA SPEND THE MONEY ON HAVING THESE ENGINEERING STUDIES DONE. SO IS THERE A SIMPLE, BUT THEY, THEY HAVE TO HAVE A SOIL AND PERCOLATION TEST DONE ANYWAYS FOR THE REST OF THE HOUSE. MM-HMM . SO IT CAN, IT, IT, UH, YOU KNOW, IT DOES EXIST. MM-HMM . FOR THE UNDERSTORY, IT WOULD BE THE SAME PERCOLATION AND, AND, UH, SOIL TEST. UM, AND EVEN ON THE SMALLER HOMES, YOUR, YOU KNOW, YOU'RE TALKING ABOUT THE BIGGER HOMES, BUT IN THE SMALLER HOMES, ONE LOT, YOU KNOW, SMALL, REGULAR LOT, YOU'RE REQUIRED TO HAVE A CIVIL ENGINEER COME IN, UM, AND DO EXFILTRATION SYSTEM, WHICH, YOU KNOW, I I WILL SAY, YOU KNOW, SOME OF THEM ARE, SO FAR, IF YOU TALK TO THE, OUR CITY ENGINEER, THEY SAY THEY'RE NOT REALLY WORKING BECAUSE THE, YOU KNOW, ONCE THE WATER GOES IN, WHERE'S IT GONNA GO? MM-HMM . THE ONLY WAY IS IF YOU ADD A WELL TO THE PROPERTY, WHICH IS THEN REALLY EXPENSIVE. MM. WHICH IS REQUIRED FOR A POOL ANYWAYS. UM, IF YOU PUT A POOL, YOU GOTTA PUT IN A, WELL, SO WHAT IS THE RECOMMENDATION OF STAFF? WELL, THERE'S, THIS IS A DISCUSSION ITEM, SO WE DON'T HAVE A FORMAL RECOMMENDATION HERE. IS THERE A, THIS ALTERNATE CAN, YOU CAN USE PERMANENT SURFACES LIKE A BIOSWALE THAT ACTS AS A RETENTION POND TO THAT'S A DOES CIVIL ENGINEER ACTUALLY SPOKE TO ME ABOUT HAVING SWES SWES YEAH. INSTEAD OF EXFILTRATION SYSTEMS IN THE FRONT OF A HOME. RIGHT. THE PROBLEM IS THAT EVEN WITH THE SWES IN AN UNDERSTORY, I, I DON'T KNOW HOW THAT WOULD WORK. I'M JUST NOT, NOT, IT'S ORNAMENTAL LIKE A GRAIN GARDEN THAT LOOKS LIKE A LOCAL, UH, PLANT. WE BACK, SO WE CAPTURE THE WATER FOR ONE, CAPTURE THE WATER AND RETAINS IT AND FILTERS IT. THE, THE, AS FAR AS I CAN TELL, LIKE THE, THE IDEA IS THAT THERE IS TO NOT CREATE AN IMPERVIOUS AREA UNDERNEATH A HOME BECAUSE IT'S NOT COUNTED IN THE REST OF THE LOT DRAINAGE CALCULATION. SO I, I, THIS IS WHAT I'M ASSUMING IS, SO IT'S LIKE, ALL RIGHT, DON'T, DON'T MAKE THIS WHOLE CONCRETE AREA THAT THAT CAN BE A POND UNDERNEATH, UNDERNEATH THE HOUSE. MM-HMM . SO WE'VE HAD, SINCE I'VE BEEN HERE, WE'VE HAD A COUPLE COME, THE SMALL LOT CAME TO US AND THEY WANTED TO DO CONCRETE BECAUSE IT WAS, IT'S EASIER AND IT'S NOT GONNA MOVE. AND THEN THERE WERE THE BIG HOUSES WANTED TO DO THE SAME THING, AND THE BIG HOUSES HAD LINEAR DRAINS THAT WENT INTO, I THINK WHAT YOU'RE CALLING THE EXFILTRATION SYSTEM, RIGHT. TO FRENCH DRAINS THAT WOULD THEN GO TO THE LOP PLAST THAT WOULD GET WATER WOULD MOVE OUT. LIKE IT WAS ON, ON THE, ON THE PERIMETER OF THE SITE. SO ARE WE, DO WE WANT TO GIVE PEOPLE THE FREEDOM TO PUT WHAT THEY WANT DOWN THERE? OR WHAT, WHAT, WHAT IS OUR OBJECTIVE THAT WE WANT HERE? I THINK THE OBJECTIVE, THE WHOLE THING THAT CAME UP WAS BECAUSE THE AREAS WERE TOO BIG TO JUST DO SAND AND PS. RIGHT. AND THAT MAKES SENSE. AND PEOPLE DOING THESE GIGANTIC HOUSES, IT'S GONNA CONTINUE TO BE A PROBLEM. AND SOMEBODY ELSE HAD IT, A, A DRAINAGE SYSTEM PUMPS INSTALLED AND WHATEVER THAT WANTED A WAIVER FOR THAT. AND WE WERE LIKE, IT WAS BEYOND OUR COMPREHENSION TO DEAL WITH THAT. SO, I MEAN, THE GRID, CONCRETE GRID SYSTEM, I THINK TAKING THE WORD CONCRETE OUT AS A, AS A PROHIBITION, THEY HIT LIKE FOUR INCH CON UH, YEAH. CORAL STONE PAPER. I MEAN, BUT THAT MAKES, IF, IF IT'S A CONCRETE GRID, IT LEAVES OPEN SPACE WITHIN THE CONCRETE. RIGHT. SO I THINK YOU SHOULDN'T LIMIT BETWEEN THE CONCRETE BETWEEN THE CONCRETE, RIGHT. LIKE, SO IF IT'S A GRID, THEY CAN PUT THE PAPERS ON IT. SAME PRINCIPLE. IT JUST GIVES IT STABILITY, IT GIVES IT STRUCTURE. AND I THINK THAT MAKES SENSE. I MEAN, I, I, I DON'T KNOW HOW, I DON'T WANNA MAKE IT DIFFICULT. I DON'T WANNA MAKE IT EVEN HARDER AND MORE COSTLY FOR SOMEONE, BUT IT DOES THIS, IT DOES THE TRICK. WHAT WAS THE GRID THAT THEY WERE USING UNDERNEATH? IT'S A PERIMETER GRID THAT WILL SUPPORT THE, THE EDGES OF THE, OF THE MATERIAL. JUST AS YOU HAVE TO DO, UH, PILINGS FOR A HOUSE TO SUPPORT THE HOUSE, YOU HAVE TO DO THIS GRID SYSTEM. BUT THE TRUTH IS THAT THE WATER'S NOT REALLY DRAINING. THIS IS LIKE MY JUST PULLING AND THERE'S GAS, I'M THE, IT RISES UP. IT'S, I, IT'S, YOU WANT TO KEEP IT DOWN. [04:40:01] IT DOESN'T EVEN MAKE SENSE. RIGHT. RIGHT. SO THIS IS ALMOST LIKE A STUPID, THE, THE, THE CODE WAS JUST SO BLACK AND WHITE ON IT, WHICH IS WHY I WAS LIKE WORRIED. LIKE WE SHOULD HAVE THIS CONVERSATION ABOUT THERE'S NO CONCRETE ALLOWED AND THE PEOPLE ARE BRINGING IN CONCRETE. SO I, I THINK AS LONG AS THE LIKE INTENT HERE WAS TO JUST AS LEAST OFFSET THE RUNOFF MAYBE FROM THE MINIMAL CONCRETE, AND THEY DO THAT THROUGH A, A SWALE OR A INTERNAL CISTERN THAT WORKS, I GUESS WE SHOULD MAKE SURE THAT THEIR INTERNAL SYSTEM, THE WATER, THEN I, I, I AGREE. I DON'T THINK WE SHOULD TAKE ISSUE WITH GRANTING EDUCATION. THEY CAN MAKE THE CHOICE BECAUSE THE, THE, THE, THE, THE UNDERGROUND PIPING AND THE SWELLS, IT'S, IT'S EXPENSIVE. SO IF YOU WANT, IF YOU WANT TO HAVE IT ALL FINISHED AND HARDSCAPE UNDERNEATH, THEN YOU MIGHT HAVE TO PAY TO, TO DRAIN THE WATER AND TO KEEP IT ON YOUR SITE. AND IF YOU DON'T WANNA PAY FOR IT, THEN YOU CAN DO PERMEABLE PERCENT TO GRANT THAT BEFORE THE REQUIREMENT. THE REQUIREMENT RIGHT NOW FROM THE CITY IS THAT YOU'RE BUILDING ON A SINGLE LOT AND THE DRIVEWAY IN FRONT OF THE PROPERTY, UM, NOT ONLY DOES IT HAVE TO HAVE PERMEABLE, UH, PAVERS, BUT YOU ALSO HAVE TO HAVE AN EXFILTRATION SYSTEM. SO IF THAT'S REQUIRED OF A, OF A SINGLE LOT, WHY ARE WE GOING TO APPLY? OR SHOULD WE APPLY A DIFFERENT STANDARD FOR THE AREA OF THE UNDERSTORY, WHICH IS MEANT TO BE OPEN SPACE? UM, IN, IN THE DRIVEWAY YOU ARE PERMITTED TO HAVE SOLID CONCRETE DRIVEWAYS. WE DON'T, WE DON'T HAVE A PROHIBITION ON THAT. WHAT THE CODE PROVIDES FOR, FOR DRIVEWAYS IS YOU EITHER HAVE TO HAVE A, A A PER A PERVIOUS PAVEMENT OR A HIGH ALBEDO PAVEMENT, WHICH IS A RESULT OF OUR URBAN HEAT ISLAND EFFECT. SO IT'S A LIGHT COLORED DRIVEWAY THAT WILL REFLECT THE HEAT SO THAT YOU'RE NOT HEATING ROGELIO. I DON'T EVER DISAGREE WITH YOU 'CAUSE YOU'RE THE EXPERT, BUT I WILL TELL YOU, AND IT'S POSSIBLE. SO I'M, I'M JUST TALKING ABOUT ZONING. THE BUILDING DEPARTMENT COMES IN AND SAYS IT HAS TO BE PERMEABLE. PUBLIC WORKS COMES IN AND SAYS IT HAS TO BE PERMEABLE FAVORS. AND THEN PUBLIC WORKS COMES IN AND SAYS, AND YOU HAVE TO HAVE AN EXFILTRATION SYSTEM. YOU HAVE TO HAVE SOIL TEST, YOU HAVE TO HAVE PERCOLATION TEST. SO MAYBE I'M NOT AN ENGINEER. I DON'T FEEL COMFORTABLE IN SAYING, IN GIVING A RECOMMENDATION. I THINK THAT PUBLIC WORKS NEEDS TO GET INVOLVED IN THIS WITH PLANNING AND BUILDING, YOU KNOW, THREE OF YOU GET TOGETHER AND COME UP WITH A SOLUTION OR A RECOMMENDATION, UM, TO, BECAUSE I DO NOT BELIEVE THAT THE DRIVEWAY OF A HOME SHOULD BE TREATED ANY DIFFERENTLY THAN THE UNDERSTORY, WHICH BECOMES THE DRIVEWAY, THE PARKING AREA FOR THAT HOME. YOU KNOW? OKAY. IT'S MY THOUGHT. THEY JUST, THE WHOLE ISSUE THIS CAME UP WAS BECAUSE OF THE VASTNESS OF THE SIZE OF THESE. SO IT'S NOT LIKE A DRIVEWAY. IT'S LIKE, I THINK IT WAS THEIR POOL SOMETHING. IT'S LIKE A FOOTBALL FIELD. YEAH. POOL DECK THERE. THEIR POOL DECK PRIMARILY. THEN MAYBE THEY NEED TO PUT A GRID IN ORDER TO GIVE IT STABILITY SO THAT IT DOESN'T, UM, UM, YEAH. CHANGE IN LEVELS. BUT EVEN IF YOU PUT A CONCRETE SLAB, A CONCRETE SLAB, ACCORDING TO FORMER COMMISSIONER PER PERLSON IS, UH, A SLAB WAITING TO CRACK . YOU KNOW? SO EVEN THAT IS GOING TO, YOU KNOW, BE A PROBLEM UNLESS YOU HAVE THE PROPER FOUNDATION UNDERNEATH. SO IF THEY WANNA DO PAVERS, THEN THEY HAVE TO HAVE A GRADE, OR THEY HAVE TO HAVE SOME SORT OF FOUNDATION. YEAH. I MEAN, BACK TO CAN, CAN, THEY CAN CAN THE ENGINEERS AND COME UP WITH A, THE OPTION OF HAVING A GRID USING CONCRETE, BUT IN A PERVIOUS WAY. SO THE WAY, THE WAY THE CODE IS WORDED RIGHT NOW, NOT WITHOUT A VARIANCE. RIGHT. WELL, THAT'S WHAT I'M SAYING. CAN WE CHANGE THE CODE TO REFLECT, THEY CAN USE CONCRETE, BUT IT'S GOTTA HAVE A PERMEABILITY FACTOR. IT, AND MAYBE THERE'S STILL LIKE A PERCENTAGE THAT THEY CAN'T HAVE SYSTEMS EXPLAIN THE ISSUE THAT LIKE THEY NEED STRUCTURE, THEY NEED SUPPORT FOR THESE LARGER AREAS, AND IT'S NOT FEASIBLE TO NOT ALLOW CONCRETE, BUT THERE SHOULD BE LIKE AN OFFSET. YEAH. FOR THE WHATEVER USE THAT WE USE. HOWEVER THEY WANNA DEAL WITH THE WATER, GIVE 'EM OPTIONS TO DEAL WITH THE WATER, THE NESS OF IT, PERMEABILITY OF IT. UM, BECAUSE THAT'S WHAT WHAT WE APPROVED WAS THE GRID. THE PA ON THE BIG HOUSE WAS THE GRID AND THE PAVERS. I DON'T THINK WE APPROVED IT. I DON'T THINK, DID WE APPROVE A GRID? I WAS PRETTY VOCAL ABOUT NOT APPROVING IT. 'CAUSE I WASN'T SURE ABOUT, BUT THEY, THERE WAS, THERE WAS ONE THAT IT WAS APPROVED, ONE THAT WAS, YEAH. BUT BUT THEY HAD THE DRAINAGE THEY WERE COUNTING FOR RIGHT. BROUGHT THEY DID OR SOMETHING. YEAH. YEAH. THEY DID LIKE, YEAH, THEY HAD LIKE SISTER. YEAH, BECAUSE THE LEVEL, BUT WE DIDN'T UNDERSTAND THE GRADE UNDERNEATH THERE SHOULD, YOU SHOULD BE ABLE TO PULL THE WATER OFF TO YOUR PERIMETER [04:45:01] OR WHEREVER IT CAN GO INTO A WELL, IT'S NOT GONNA GET PUMPED IN IF THE TIDE'S HIGH, IT'S GONNA PUMP. YEAH. WE HAVE A FEW, WE HAVE THE, THE UNDERSTORY REGULATIONS ALSO HAVE AN UNDERSTORY EDGE WHERE YOU HAVE TO HAVE A FIVE FOOT AREA ON THE PERIMETER OF THE UNDERSTORY, UM, WHICH IS INTENDED TO BE USED FOR DRAINAGE, ALMOST LIKE A SWALE, LANDSCAPING AND OTHER THINGS FOR DRAINAGE. UM, AND THEN, UM, AND THEN YEAH, THAT'S, THAT'S, THAT'S NOT ABOUT A SUGGESTION. UM, THE ONE THAT DID GET GET IT APPROVED WAS LAST MONTH. IT WAS FIVE AND SEVEN, FIVE THROUGH SEVEN STAR ISLAND. UM, THEY'RE THE ONES THAT CAME UP WITH THE CONCEPT OF THE GRID. MM-HMM . UM, AND THEY WERE SMART ENOUGH TO USE CORAL STONE, WHICH IS TECHNICALLY A PER SOMEWHAT PERVIOUS, EVEN THOUGH IF WHEN IT RAINS IT'S NOT, IT'S NOT REALLY RIGHT. SO THE MATERIAL IS IMPORTANT TO USE. MM-HMM . IF WE'RE, IF WE'RE SAYING A GRID, WE'RE ALLOWING CONCRETE GRIDS, THEN THE MATERIAL THAT THEY USE IS IMPORTANT TO MM-HMM . UH, BE SPECIFIC ABOUT. 'CAUSE IF YOU'RE LIKE, ALL RIGHT, I GOT A CONCRETE GRID AND I'M PUTTING CONCRETE PAVERS ON IT, YOU'RE JUST MAKING A CONCRETE PATH. EXACTLY. YEAH. SO I THINK, YEAH, I MEAN THE, THE OFFSETTING OF DRAINAGE IS ONE. YEAH. JUST LIKE, LET'S LOOK AT IT THAT WAY OF OFFSETTING THE DRAINAGE VERSUS PROHIBITING CERTAIN MATERIALS AND SEE IF THERE'S WAYS THEY CAN COME UP WITH TRENCHING. YEAH. I THINK YOU MENTIONED THEY'RE DRAINS, TRENCHING, OR JUST A BIG DRAIN WHATEVER, OR RAIN GARDEN WATER. YEAH. THE RAIN. MM-HMM. SO THAT WE DON'T, YEAH. GOOD. OKAY. UM, SO DO YOU WANT THIS TO BE TRANSMITTED TO THE CITY COMMISSION AS A, AS AN LTC AS A RECOMMENDATION TO AMEND THE CODE? NO, I THINK, I DON'T KNOW WHAT WAS DISCUSSED WHILE I WENT TO THE RESTROOM, BUT I, OR IS THIS, DO, IS THIS GUIDANCE FOR VARIANCES IN THE FUTURE? WE NEED TO GET, UM, THE DEPARTMENTS, YOU KNOW, PLANNING AND PUBLIC WORKS, CITY ENGINEER, BECAUSE WHAT WE MAY BE RECOMMENDING MAY NOT BE A DOABLE THING. IT MAY NOT RESOLVE THE ISSUE. AND I THINK THERE'S A LOT OF OTHER THINGS THAT COULD BE DONE WHERE THE PERSON HAS, YOU KNOW, THE OPTION, THE OWNER HAS THE OPTION OF TRENCHING, EXFILTRATION OF THE GRID. YOU KNOW WHAT ACTUALLY WORKS? I DON'T KNOW. DO WE WANNA SEND THIS TO WHOEVER THE SO, SO THE WAY, SO OUR CODE SAYS CONCRETE IS PROHIBITED TO ALLOW FOR CONCRETE IN LIMITED FORM. WE'D HAVE TO AMEND THE CODE. SO WHAT THE, WHAT THE BOARD CAN DO IS PROVIDE, AND, AND FOR US TO WORK ON AMENDMENTS, WE NEED A REFERRAL FROM THE CITY COMMISSION. WE CAN'T JUST UN UNILATERALLY START WORKING ON AN AMENDMENT. UM, SO WHAT YOU COULD DO IS TRANSMIT AN LTC TO THE CITY, CITY COMMISSION RECOMMENDING THAT, UH, THE ADMINISTRATION EXPLORE OPTIONS. OKAY. UM, TO ALLOW FOR, UM, CAN WE SAY WHY WE'RE DOING THIS BECAUSE YEAH. AND, AND EXPLAIN WHY WE'RE DOING IT. ABSOLUTELY. LIKE LOW USE OF CONCRETE SO THEY UNDERSTAND THAT. A MOTION FOR THAT. YEAH. SO WE, WE WOULD NEED A MOTION IN A SECOND, UM, A MOTION SECOND. OKAY. PREPARE AN LTC. RIGHT. UM, AND ON THE OTHER ISSUES THAT, UM, WE ALL HAVE PROBLEMS WITH, LIKE, I BROUGHT ONE UP TODAY WHERE WE HAVE A DIFFERENT HEIGHT FOR UNDERSTORY PROPERTIES VERSUS PROPERTIES THAT ELEVATE AND DON'T HAVE UNDERSTORY. UM, IS IT, DOES IT MAKE SENSE? AND, AND EACH ONE OF US MAY HAVE DIFFERENT ISSUES THAT CONCERN US. SHOULD WE EMAIL YOU WHAT WE WOULD LIKE TO DISCUSS SUCH AS THIS, THAT LAURA DID? 'CAUSE IT WAS A CONCERN TO HER. SHOULD WE EMAIL 'EM TO YOU? AND THEN, YOU KNOW, YOU CIRCULATE IT TO SEE IF IT'S OF INTEREST TO BE DISCUSSED BY THE MEMBER AS A WHOLE, BY THE BOARD AS A WHOLE. AND IF IT IS, THEN YOU PUT IT ON SOME FUTURE AGENDA FOR US TO DISCUSS. SO DO YOU SEE ANY ISSUES WITH THE EMAIL? NO. NO ISSUES WITH THAT? WELL, I WOULD JUST EMAIL YOU. RIGHT? IT'S JUST I GO BACK AND FORTH DISCUSS AT THAT POINT. SO IN OTHER WORDS, DON'T HIT REPLY ALL OR YOU JUST MAIL IT DIRECTLY. JUST MAILING IT TO LIO AND STAFF. AND STAFF. I ASK THE REST OF THE BOARD MEMBERS, DO YOU WANT TO DISCUSS THIS? OR WELL, HOW DID THIS GET ON THIS CALENDAR? THE BOARD REQUESTED IT AS PART OF A, DISCUSS THE DISCUSSION ITEM DURING ANOTHER, A SEPARATE ITEM. WELL I THINK THE REQUEST NOW IN FRONT OF EVERYONE IS TO HAVE THIS AS A DISCUSSION ITEM. WE'RE TALKING ABOUT THE DIFFERENCES THAT YOU'VE GOT, THE HEIGHT YOU'VE GOT FOR BASE PLUS ONE. THAT'S MY ISSUE. BUT IT MAY BE THAT'S ALL OF YOU HAVE OTHER ISSUES. I KNOW, BUT I HAVE A WHOLE HEIGHT ISSUE. I MEAN, I REALLY THINK THAT, SO IF WE EACH, THEY'RE ALL ASKING FORB VARIANCES. IT'S WHAT THEY DO. AND THEN THIS STUPID NEGOTIATION OF ONE FOOT. WE WANT THREE. WE'LL GIVE YOU ONE AND A HALF. LIKE IT'S STUPID. NOBODY'S WINNING. AND IF A LOT IS A CERTAIN SIZE, IT SHOULD BE ALLOWED TO GO TO THIS HEIGHT. AND THIS IS, THIS DOESN'T HAPPEN IN THE GABLES OR PALM BEACH. I MEAN THIS IS JUST BEGGING TO BE, YOU KNOW, GIVE, [04:50:01] HERE'S ANOTHER ISSUE. PEOPLE, UM, PROPERTIES BUILT, UH, HOMES BEING DEVELOPED. RIGHT? BEING BUILT. HERE ARE THE PLANS. AND WHAT FINALLY GETS BUILT IS THIS SOMETHING DIFFERENT. AND IT HAS VIOLATIONS WITHIN THE PLANNING CODE. RIGHT. UH, BUT PLANNING DOESN'T CATCH IT UNTIL THE VERY END. 'CAUSE THAT'S WHEN YOU DO YOUR INSPECTION AT THE VERY END. MM-HMM . AND I'VE SPOKEN WITH TOM MOONEY ABOUT THIS AND I SAID, MAYBE YOU NEED TO DO AN INSPECTION. THE MOMENT THAT YOU KNOW THE PLATFORM, UH, THERE'S ANOTHER WORD FOR IT. BUT THAT, YOU KNOW, THE PROPERTY IS, IS MARKED MM-HMM . YOU KNOW, UM, SO THAT THE, IF THERE IS A PROBLEM, IT, IT'S BROUGHT BUTTER, IT'S CORRECTED AT THE BEGINNING AND NOT AT THE END. AND AT THE END I DON'T SEE THAT PROJECT COMING BACK TO DRB. SO HERE'S A PROJECT THAT WOULD'VE HAD TO COME TO DRB BECAUSE THEY DON'T HAVE THE REQUIRED SIDE SETBACKS OR THE FRONT OR THE REAR. AND YET IT NEVER CAME BACK TO DRB. THEY WENT AHEAD AND BUILT IT. I DON'T KNOW IF THEY HAD TO PAY DOUBLE THE PERMIT FEE OR DOUBLE THE PLANNING FEE. I DON'T KNOW. I DON'T KNOW WHAT'S HAPPENING WITH THESE PROJECTS, BUT I KNOW OF TWO THAT DON'T COMPLY AND I'VE NEVER SEEN THEM HERE. OKAY. AND THAT'S, I'LL HAVE TO, AND THAT'S NOT HELPFUL. THAT'S NOT FAIR TO THE REST OF THE PROPERTIES. MM-HMM. COMING TO THIS BOARD. I CAN, I WE HAD, BECAUSE IT'S EXPENSIVE AND TIME CONSUMING TO COME HERE. YEAH. I'LL, I'LL, I'LL WE'LL LOOK INTO THAT. I KNOW WE HAD ONE COME ABOUT TWO MONTHS AGO, MAYBE LAST MONTH. UM, THAT WAS AN AFTER THE FACT BECAUSE THE HOME, THE FOUNDATION WAS SHIFTED OVER. YEAH, THAT'S, THAT WAS DIFFERENT. AND WE HAD ANOTHER ONE THAT WAS DIFFERENT, THAT THEY HAD AN EXTRA A HUNDRED FEET AND THEY HAVE TO COME AFTER. SO THEY, THEY DO COME AND WE'RE GETTING A LOT TO THE BOARD OF ADJUSTMENT THAT ARE AFTER THE FACT. UM, WHERE WE'RE FINDING, UM, IT'S SOMETHING THAT WE'RE GONNA DEFINITELY HAVE TO ADDRESS. MAYBE THEY'RE GOING TO THE BOARD OF ADJUSTMENT. I DON'T KNOW. SOME OF THEM DO GO TO THE BOARD ADJUSTMENT OUT OF TURN HERE. BUT I KNOW THAT WE HAD TO, TO THE LAST BOARD OF ADJUSTMENT AFTER THE FACT VARIANCES. YEAH. NO, I WAS GONNA ASK IN LIKE DECEMBER, I WANT, I'M MAKING A LIST OF THINGS 'CAUSE I'VE DONE THIS FOR SIX YEARS. I'M OFF. I WANNA, I WANNA LIKE, IT'S SILLY 'CAUSE THESE, SOME OF THESE THINGS THEY KEEP COMING UP AND IT'S, IT'S FRUSTRATING. IT'S JUST NOTHING BUT FRUSTRATING AND PEOPLE ARE HIRING ATTORNEYS TO, AND IT, THEY SHOULDN'T, WE SHOULDN'T BE LIKE THAT. WE SHOULDN'T BE COMING TO THIS EVERY TIME. SO I GUESS TO ANSWER MYRA'S QUESTION, THAT EMAIL ROGELIO INDIVIDUALLY. OKAY. ALRIGHT. SO IF YOU EMAIL ME, WE CAN PLACE IT ON THE AGENDA AND OKAY. WE'LL START TO WORK. WE'LL WORK ON IT AS WE CAN. AND IF THE RE YOU KNOW, IF I HAVE AN ISSUE BUT THE REST OF THE BOARD IS NOT CONCERNED WITH IT, WE DON'T HAVE TO DISCUSS IT. YOU KNOW, IT'S, THE DISCUSSION WILL BE SHORT. YEAH. THE DISCUSSION WILL BE SHORT. UM, OH, I DON'T THINK WE TOOK A I OUT OF MOTION IN A SECOND. I, UM, I'LL WAS IN FAVOR ON THE LTC TRANSMITTING AND LTC. OH. OH. AYE, AYE. AYE. ALL. AND THEN MOTION TO ADJOURN. AND THE NEXT MEETING IS, NEXT MEETING [FUTURE MEETING DATE REMINDER: November 20, 2025] IS NOVEMBER 20TH. . I CAN'T FREEZING. SO IT'S THE FRIDAY. I NEED THURSDAY. THURSDAY. THANKS. THAT WAS. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.