[00:00:01]
GOOD MORNING AND WELCOME TO THE FRIDAY, NOVEMBER 7TH ZONING BOARD OF ADJUSTMENT MEETING.
I HOPE EVERYONE IS DOING WELL TODAY.
[ATTENDANCE]
HAVE SIX OF SEVEN BOARD MEMBERS IN ATTENDANCE.UH, I'M GONNA HAND IT OVER TO MR. MADDEN TO TAKE FORMAL ATTENDANCE, PLEASE FOR THE RECORD.
THIS IS THE NOVEMBER 7TH, 2025 BOARD OF ADJUSTMENT MEETING.
WE DO HAVE A QUORUM WITH SIX OF SEVEN MEMBERS PRESENT.
[CITY ATTORNEY UPDATES]
IT OVER TO THE CITY ATTORNEY NOW TO GIVE ANY UPDATES, UM, AND LET THE PUBLIC KNOW HOW THEY CAN PARTICIPATE VIA ZOOM AND, UH, HOW THE SWEARING IN OF THE PUBLIC WILL WORK.UM, NOTHING TO REPORT FROM THE CITY ATTORNEY'S OFFICE, SO I'LL GO RIGHT INTO, UH, UH, ADVISING EVERYONE ABOUT TODAY'S MEETING AND HOW TO ATTEND VIRTUALLY.
SO, TODAY'S MEETING WITH THE BOARD OF ADJUSTMENT HAS BEEN SCHEDULED IN A HYBRID FORMAT WITH A QUORUM OF THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS LOCATED AT 1700 CONVENTION CENTER DRIVE, AND APPLICANT STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA THE ZOOM PLATFORM.
IN ORDER TO PARTICIPATE IN TODAY'S MEETING, THOSE WHO WISH TO PARTICIPATE VIRTUALLY MAY DIAL 8 8 8 8 5 3 5 2 5 7 AND ENTER THE WEBINAR ID, WHICH IS 8 2 8 6 9 6 1 5 3 0 9, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 2 8 6 9 6 1 5 3 0 9.
ANY INDIVIDUAL WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF THEY ARE USING THE ZOOM APP, OR DIAL STAR NINE IF THEY ARE PARTICIPATING BY PHONE.
UM, BEFORE I SWEAR IN THOSE, UH, THAT ARE PRESENT HERE IN THE CHAMBERS, I'M GOING TO READ INTO THE RECORD THE CITY'S NOTICE REGARDING LOBBYIST REGISTRATION.
IF YOU ARE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR ANOTHER PERSON, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE.
IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER BEFORE YOU SPEAK TO THE BOARD.
YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON YOUR BEHALF AND NOT ANY OTHER PARTY, OR IF YOU 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 TO THE CITY CLERK THEIR NAME, ADDRESS, AND THE PRINCIPAL ON WHOSE BEHALF THEY'RE COMMUNICATING.
IF YOU ARE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR AN OBJECTOR, YOU MUST REGISTER AS A LOBBYIST.
THESE RULES APPLY WHETHER YOU'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE.
[SWEARING IN OF PUBLIC]
UM, FOR THOSE IN CHAMBERS THAT WILL BE TESTIFYING, IF YOU CAN PLEASE STAND, SIR, UH, PLEASE 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? I DO.
AND ANYONE WHO WILL BE TESTIFYING ONLINE WHEN YOUR NAME IS CALLED, I WILL SWAY YOU IN AT THAT TIME.
SO WITH THAT, I'LL TURN IT BACK TO YOU, MR. CHAIR.
THANK YOU SO MUCH, MR. ATTORNEY.
UM, ANY DISCUSSION ITEMS MR. MADDEN? WE HAVE NO DISCUSSION ITEMS TODAY.
UH, AND YOUR PACKAGE, YOU SHOULD
[APPROVAL OF MINUTES]
HAVE HAD THE MINUTES FROM OUR SEPTEMBER 12TH MEETING.HOPEFULLY YOU HAD A CHANCE TO REVIEW THOSE.
UM, I'LL ENTERTAIN ANY CORRECTIONS OR IF THERE ARE NONE AND EVERYTHING IS GOOD, UM, I'LL ENTERTAIN A MOTION ON ITEM FOUR.
UH, THIS IS LIKE, SHOULDN'T I, EXCUSE ME.
UM, IT SEEMS LIKE IT SHOULD REFLECT THAT THERE WOULD, BECAUSE WE HAD TWO DIFFERENT MOTIONS.
WE HAD A MOTION TO CONTINUE TO THE NOVEMBER TO THIS MEETING, WHICH FAILED, AND THEN WE HAD A SECOND MOTION TO CONTINUE THE MEETING TO, UH, DECEMBER 12TH, WHICH PASSED.
BUT IT DOESN'T REFLECT, THERE'S A SECOND MOTION THERE.
SO JUST, I THINK IT SHOULD JUST SAY MOTION TO CONTINUE TO PASSED.
AND SO I WOULD JUST ADD THAT, SUGGESTED THAT JUST BE ADDED TO THE MINUTES.
I, I WILL MAKE THAT CLARIFICATION.
AND WITH THAT, I WOULD MOVE TO APPROVE THE MINUTES.
I WONDER IF YOU DIDN'T CATCH IT.
SO WITH THAT BEING SAID, UM, A MOTION BY MR. DAVIS FOR APPROVAL, UH, WITH THE AMENDMENT, AS HE STATED IS ON THE TABLE.
UH, DO WE HAVE ANY REQUESTS FOR CONTINUANCES OR WITHDRAWALS? WE HAVE NO REQUESTS FOR CONTINUANCES OR WITHDRAWALS TODAY.
[2. ZBA25-0176, 50 East Di Lido Drive]
PREVIOUSLY CONTINUED APPLICATIONS.UH, THE FIRST ONE'S GONNA BE ZBA 25 DASH OH 1 76, UH, 50 EAST TOLEDO DRIVE.
UM, ALEJANDRO, YOU GONNA TEE THAT UP.
[00:05:01]
HAS BEEN FILED REQUESTING AN AFTER THE FACT VARIANCES FOR THE SIDE INTERIOR AND REAR YARD SETBACKS, ALLOWABLE YARD ENCROACHMENTS AND REAR YARD OPEN SPACE REQUIREMENT IN ORDER TO LEGALIZE AN EXISTING PERGOLA DECK AND OF THE MAXIMUM WIDTH AND AND SIDE INTERIOR SETBACK IN ORDER TO LEGALIZE AN EXISTING DRIVEWAY AND OF THE MAXIMUM WIDTH FOR WALKWAYS WITHIN A SETBACK IN ORDER TO LEGALIZE AN EXISTING WALKWAY FOR AN EXISTING SINGLE STORY HOME.SO THIS, THIS, UH, APPLICATION IS FOR A HOME ON ALITO ISLAND.
UH, THE LOT IS ALMOST A PERFECT SQUARE.
IT'S FRONT AND SIDES ARE 80 BY 80, UM, WHICH MAKES IT DIFFICULT TO DETERMINE WHERE THE FRONT IS, WHERE THE SIDE YARD IS, UH, BECAUSE, UM, USUALLY THE NARROW LOT, THE NARROW SIDE OF A LOT IS THE FRONT YARD.
SO THERE ARE SOME IRREGULARITIES TO THIS LOT.
THE, THE PROPERTY HAS A HOME BUILT IN 1936 THAT IS ANGLED TOWARDS THE CORNER THAT CREATES A HOME, UM, THAT IS, THAT BASICALLY WRAPS AROUND WHAT IS THE FUNCTIONAL REAR YARD, CREATING AN, AN AWKWARD, UH, SITUATION FOR THE REAR YARD.
UM, THIS HOME HAD, UH, A, A WOOD DECK IN THE BACKYARD, FUNCTIONAL BACKYARD, WHICH IS ACTUALLY THE SIDE INTERIOR YARD AND A PERGOLA IN THAT AREA.
UM, AND A DRIVEWAY, UM, ON THE SOUTH PROPERTY LINE THAT BASICALLY GOES RIGHT UP TO THE PROPERTY LINE.
UM, AND THAT DRIVEWAY HAS A WALKWAY THAT CONNECTS IT TO THE PERGOLA THAT IT'S, THAT IS IN THE REAR YARD.
UM, THESE LOOKING AT AERIAL IMAGERY HAVE BEEN IN EXISTENCE SINCE ABOUT 2014.
UM, THE CURRENT APPLICANT PURCHASED THE HOME IN 2021 AND WAS DOING RENOVATIONS, AND IT WAS DETERMINED, UM, THAT, UM, THAT THESE STRUCTURES WERE NEVER LEGALLY PERMITTED.
AND SO NOW WE'RE HERE FOR AFTER THE FACT VARIANCES FOR THESE STRUCTURES THAT HAVE BEEN IN PLACE FOR QUITE SOME TIME.
UM, SO THE APPLICANT IS REQUESTING FIVE VARIANCES, AND I'M GONNA READ THEM OUT.
THE FIRST IS A VARIANCE OF THE REQUIRED SIDE INTERIOR YARD SETBACK OF 10 FEET TO LEGALIZE AN EXISTING PERGOLA AND DECK WITH AN INTERIOR SIDE SETBACK OF, UH, TWO FEET.
A VARIANCE OF THE REQUIRED REAR YARD SETBACK OF 20 FEET TO LEGALIZE AN EXISTING DECK WITH A SETBACK OF ONE FOOT EIGHT INCHES, A VARIANCE OF THE MAXIMUM DRIVEWAY WIDTH OF 18 FEET TO ALLOW FOR A DRIVEWAY WIDTH OF 22 FEET.
A VARIANCE OF THE SIDE INTERIOR SETBACK FOR A DRIVEWAY OF FOUR FEET TO ALLOW FOR A DRIVEWAY WITH NO SETBACK, A VARIANCE TO INCREASE THE ALLOWABLE WIDTH FOR WALKWAYS IN A REQUIRED YARD OF 44 INCHES TO ALLOW FOR THE EXISTING WALKWAY TO REMAIN.
IT STARTS AT THE EDGE OF THE DRIVEWAY, SO IT HAS THE WIDTH OF THE DRIVEWAY, AND THEN IT TAPERS DOWN, UM, TO ABOUT, UH, THREE OR FOUR FEET, UH, AS IT GETS CLOSER TO THE PERGOLA.
UM, SO IT VARIES, WHICH IS WHY WE DON'T HAVE THE EXACT DIMENSION THERE.
UM, SO THE APPLICANT, UH, GIVEN THAT THIS IS AN EXISTING HOME, UH, IT IS AN 1936 HOME, IT LIKELY COULD QUALIFY FOR ARCHITECTURAL SIGNIFICANCE, THOUGH NO FORMAL DESIGNATION HAS BEEN MADE IN, IN TERMS OF ITS ARCHITECTURAL SIGNIFICANCE.
UM, THE, THE, THE SHAPE OF THE HOME CREATES SEVERAL HARDSHIPS FOR THE APPLICANT, UH, THAT BASICALLY LIMIT WHERE THEY CAN HAVE, UH, A FUNCTIONAL OUTDOOR TERRACE WHERE THEY CAN HAVE THEIR DRIVEWAYS.
UM, AND, AND IT DOES CREATE SOME PRACTICAL DIFFICULTIES AND HARDSHIPS FOR THE APPLICANT.
ADDITIONALLY, SINCE THESE HAVE BEEN IN PLACE SINCE 2014, REQUIRING THE APPLICANT TO REMOVE THEM WOULD REPRESENT A SIGNIFICANT EXPENSE TO THE APPLICANT, WHICH CREATES A, A, A PRACTICAL DIFFICULTY.
UM, SO WITH THAT, STAFF RECOMMENDS THAT THE, UH, THAT THE VARIANCES BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER.
DO WE HAVE ANY DISCLOSURES ON THE DS? OKAY, WITH THAT, UM, I'M GONNA GO AHEAD AND, UM, THE APPLICANT, UM, ANTON, UM, ARE YOU HERE, ANTON COURSE, SIR? YES, SIR.
UM, WOULD YOU LIKE TO, I THINK YOU GOTTA MAKE A PRESENTA.
YOU GONNA MAKE A PRESENTATION? YEAH, I, I DID PREPARE.
I'LL GIVE YOU 10 MINUTES, IF THAT'S NOT SUFFICIENT.
LET ME KNOW IF YOU NEED MORE TIME.
UM, THANK YOU ALL FOR HAVING ME.
I AM THE HOMEOWNER AT 50 EAST TOLEDO.
UM, AND I COULDN'T BE HAPPIER TO BE HERE IN MIAMI.
UM, AS MR. MADON NOTED, UM, I BOUGHT THIS HOUSE WITH EXISTING, UH, STRUCTURES AND PLACEMENTS THAT WERE NOT TO CODE, AND SOMEHOW THEY CAME TO LIGHT, WHICH BRINGS US HERE TODAY.
UM, I HAD TWO, UH, PERMIT VIOLATIONS FOR THESE, UH, SAID, UH, UH, STRUCTURES, UM, THAT PUT ME ON THE PATH TO CREATE WHAT'S THESE, THESE AFTER THE FACT PERMITS.
UM, SO I JUST WANNA TO NOTE THAT I WANNA DO EVERYTHING IN MY POWER TO RECTIFY THIS AND, AND GO ON LIVING MY LIFE AS HAS BEEN GOING ON FOR 19 MONTHS.
AND, UM, I WAS VERY TAKEN ABACK, AND I'M SORRY, I'M A LITTLE NERVOUS.
I'VE, UH, BEEN WAITING FOR THIS DAY FOR A LONG TIME.
IT'S BEEN LIKE THE BANE OF MY EXISTENCE TRYING TO NAVIGATE THROUGH THIS PROCESS.
UM, SO JUST QUICKLY, I PREPARED THIS PRESENTATION.
UM, I'M NOT SURE IF IT'S UP THERE, BUT I JUST WANTED TO FIRSTLY APOLOGIZE
[00:10:01]
FOR ALL THIS INCONVENIENCE AND THIS TIME THAT WE HAVE TO DO HERE, UM, TO RECTIFY THIS.UM, IT WAS NEVER MY INTENTION TO DO ANYTHING THAT WAS NOT DECODE, UM, IN MIAMI.
THINGS HAPPENED QUICKLY, AND I HAD A LOT OF ILL ADVICE, PARTICULARLY WITH THE DRIVEWAY, UM, WHICH WAS AN EXISTING DRIVEWAY.
NO ADDED DIMENSIONS WERE PUT INTO THE DRIVEWAY.
I I SIMPLY RESURFACED THINGS TO BRING THE HOME TO CURRENT AESTHETICS TO ALIGN WITH, UH, NOT JUST THE HOME AESTHETIC, BUT THE NEIGHBORHOOD ITSELF.
AND I THINK MY INVESTMENT INTO THIS HOME CAN ONLY BENEFIT THE COMMUNITY.
UM, AND THIS COMMUNITY I REALLY, UH, LOVE.
I HAVE, UH, LETTERS OF SUPPORT FROM ALL OF MY NEIGHBORS WHO I'VE, UM, WAS ABLE TO, UH, HAVE GREAT RELATIONSHIPS WITH.
SO THAT BEING SAID, UH, JUST TO TALK YOU THROUGH, UM, SOME OF THE NOTES, MR. MADDON, UH, JUST WALKED US THROUGH, UM, LOOKING AT THE DIFFERENT SETBACKS AND FEED.
DO, DO WE HAVE THE PRESENTATION TO PUT ON THE SCREEN? UM, I, I HAVE IT HERE IN FRONT OF ME ON THIS COMPUTER.
I DON'T KNOW HOW TO PROJECT IT.
UM, YEAH, SO JUST GOING BACK, THIS WAS MY PERSONAL STATEMENT, JUST THANKING YOU GUYS AND, AND JUST REALLY APOLOGIZING FOR THIS HEADACHE.
UM, IT'S SOMETHING THAT, YOU KNOW, I JUST WANT TO WORK THROUGH AND JUST LET YOU GUYS KNOW THAT, UM, I'M DOING EVERYTHING IN MY POWER.
UM, IT, IT WAS A LEARNING CURVE FOR ME TO WORK WITH ALL THE VARIOUS ARCHITECTS AND EVERYONE THAT I HAD INVOLVED TO PRESENT AND, AND MAKE THIS AFTER THE FACT PERMIT.
THAT WAS BASICALLY FOR A LOT OF STUFF THAT, UM, HAPPENED BEFORE I MOVED INTO THE HOME.
UM, AS MR. MADON NOTED, THE HOUSE IS FROM 1936.
IT SITS ON THAT DIAGONAL ON A CORNER LOT.
UM, CAN'T IMAGINE WHY THEY WOULD DO THAT.
AND TODAY, OBVIOUSLY WE'RE TRYING TO GET THE MOST USE OF SPACE, PARTICULARLY ON THE VENETIAN.
UM, SO I WAS WORKING ALREADY WITH, UM, YOU KNOW, KIND OF CHALLENGING, UH, CIRCUMSTANCES.
UM, YOU KNOW, I JUST WANT TO NOTE THAT, YOU KNOW, EVERYTHING THAT WE'VE DONE IN THIS HOME, UM, IS TO BENEFIT, YOU KNOW, THE LIVING SPACE, MAKE IT MORE COMFORTABLE, UM, AND HELP THE NEIGHBORHOOD AND, AND, AND JUST KIND OF ALIGN WITH WHAT'S HAPPENING ON THE VENETIAN.
UM, YOU KNOW, THE, THE VARIANCES OBVIOUSLY TO NOTE EVERYTHING IS SITTING ON THE PROPERTY LINE.
THERE WAS NEVER ANY EXTENSION OVER THE PROPERTY LINE.
THIS IS WE'RE DOING WITH BASICALLY THE SETBACKS.
AND, UM, YOU KNOW, NOTHING, UM, THAT'S HAPPENED TO THE HOME, PUTS ANYONE IN MY NEIGHBORHOOD AT RISK.
UM, AS A MATTER OF FACT, I HAVE 16 FOOT HEDGES.
UM, SO, UM, I'VE PUT TOGETHER A TEAM OF PEOPLE INCLUDING ARCHITECTS, ELECTRICIANS, PLUMBERS, EVERYTHING THAT, UM, THEY COULD DO TO DOCUMENT THE EXISTING, UH, ARCHITECTURAL STRUCTURE.
UM, EVERYTHING THAT WAS SUBMITTED INTO THE ORIGINAL AFTER THE FACT PERMITS PROVES THAT EVERYTHING WAS MADE TO, UH, THE CODE OF THE CITIES, THE CITY CODES, UM, INCLUDING THE SEWAGE, THE TYPE OF CONCRETE, EVERYTHING THAT WAS USED WAS THE LATEST TECHNOLOGY.
UM, THIS ARE SOME OF THE PICTURES.
UM, WHAT HAPPENED WAS I WAS RENOVATING THE DECK, AND I THINK IN THAT TIME WE HAD PEOPLE, BASICALLY WHAT HAPPENS IS WHEN YOU HAVE EPAY, YOU HAVE TO SAND IT AND COME IN AND PAINT IT.
AND DURING THAT TIME, UH, YOU KNOW, THE CODE OFFICIALS ARE CONTINUOUSLY NAVIGATING THEMSELVES THROUGH THE ISLANDS.
I THINK NOTICE THIS, UM, WE SPOKE, UM, AND SAID, LOOK, THEY WANT TO BRING IT TO BECOME LEGAL.
AND THAT'S KIND OF WHAT PUT US ON THIS PATH TODAY.
UM, AS YOU CAN SEE, UM, THE AESTHETIC, THE STRUCTURE ITSELF HAS BEEN DEEMED SAFE ACCORDING TO THE INITIAL, UM, PERMITS THAT WERE SUBMITTED.
EVERYTHING WAS APPROVED EXCEPT FOR THE FACT THAT SOME OF THE AREAS SAT OVER THE SETBACK LINE, WHICH IS WHAT, YOU KNOW, THE, THE AREA BETWEEN THE PROPERTY AND WHERE I CAN BUILD THE STRUCTURES.
UM, THE WALKWAY, UM, THAT WAS MENTIONED IS THE PATHWAY THAT LEADS TO THE BACK DECK.
AND AS YOU CAN SEE, THERE'S CONCRETE SLABS.
THERE WERE EXISTING CONCRETE SLABS.
WHAT I DID WAS JUST EXTENDED THEM TO MAKE THE WALKWAY A LITTLE BIT SAFER.
UM, AND, AND OBVIOUSLY A BIT MORE AESTHETICALLY PLEASING.
THE DRIVEWAY ITSELF, THERE WAS ABSOLUTELY NO EXTENSION.
THIS WAS AN EXISTING DRIVEWAY.
ALL WE DID WAS RESURFACE IT TO BRING MODERN CONCRETE, JUST TO HAVE A BETTER AESTHETIC APPEAL AND HAVE A SAFER WALKWAY BECAUSE THE COBBLESTONE, UM, IF YOU ASK MY GIRLFRIEND, WAS VERY DANGEROUS.
UM, I'M NOT ASKING, UM, I'M ASKING FOR YOUR PERMISSION FOR THESE APPROVALS.
UM, CONSIDERING THE CHALLENGES I HAD WITH THE LOT, UM, I THINK EVERYTHING THAT I SAID I'VE DONE, UM, IS IN CODE WITH JUST THE CITY'S ARCHITECTURAL PLANNING AND SECURITY.
UM, AS I MENTIONED, YOU KNOW, ALL OF THE OTHER BITS WERE ALREADY APPROVED.
THE LAST THING THAT I NEED FOR TO BRING THESE AFTER THE FACT PERMITS TO APPROVAL ARE THE VARIANCE APPROVALS FOR THESE SETBACKS.
UM, AS MENTIONED EARLIER, THE DRAINAGE AND STORE MANAGEMENT IS ALL UP TO CODE.
UM, AND AGAIN, I JUST WANT TO THANK YOU ALL FOR YOUR TIME AND I REALLY APOLOGIZE.
IT'S BEEN A, A LONG PATH FOR ME TO GET HERE.
I'VE, I'VE BEEN VERY MUCH LOOKING FORWARD TO,
[00:15:01]
UM, SPEAKING WITH YOU ALL AND, UM, HOPEFULLY PUTTING THIS TO BED AND GOING BACK TO OUR LIFE.UM, MY GIRLFRIEND AND I ARE VERY HAPPY IN THIS HOME AND WE ENVISION A FUTURE WITH OUR FAMILY THERE, AND IT'S JUST BEEN A BLESSING TO COME TO MIAMI.
AND JUST WATCHING THE CITY FLOURISH OVER THE FEW YEARS HAS BEEN ONE OF THE GREATEST STORIES OF MY LIFE.
UM, I'M GONNA GO AHEAD AND OPEN UP THE PUBLIC COMMENT.
DO WE HAVE ANYBODY ON ZOOM OR HERE IN THE CHAMBER? CAN CAN I BE ADDED AS A PRESENTER TO ZOOM? I'M NOT ABLE TO SEE THE LIST OR AS A PANELIST IF I JUST WANNA SAY I WANT TO THANK MR. MADDON TOO, ALSO, HE'S WALKED ME THROUGH SO MANY CHALLENGES IN THIS PROCESS.
THERE HAS BEEN, I MEAN, MIND YOU, THIS HAS BEEN, I BELIEVE 19 MONTHS SINCE WE STARTED THIS.
UM, AND JUST SAYING IT'S BEEN A PLEASURE, UH, WORKING WITH HIM AND HE'S GUIDED ME AND HELPED ME DO THIS ON MY OWN THROUGH PLANNERS AND ARCHITECTS.
AND I WILL SAY JUST LASTLY, IT'S NOT THE EASIEST PATH WORKING WITH THE, SOME OF THE PEOPLE THAT HELPED ME HERE OF A LOT OF PEOPLE ARE AFTER THEIR OWN GAIN IN MIAMI.
AND JUST WANNA SAY THANK YOU SO MUCH FOR ALL THE GUYS.
BABE, WE HAVE, UM, WE HAVE NO, I SEE NO HANDS RAISED ON ZOOM.
SO I'M GONNA GO AHEAD AND CLOSE THE PUBLIC COMMENT, OPEN IT UP TO QUESTIONS FROM THE BOARD MEMBERS THROUGH THE CHAIR.
MR. LER, I JUST WANNA POINT OUT, IT LOOKS LIKE THERE'S MULTIPLE LETTERS OF SUPPORT FROM THE IMMEDIATE ABUTS.
ANY OTHER QUESTIONS, COMMENTS FROM THE BOARD? MR. SILVERS? I HAVE A QUESTION.
COULD YOU CLARIFY IF THERE'S ANY CONDITIONS? THE CONDITIONS FOR APPROVAL AND SUPPORT FROM THE PLANNING DEPARTMENT? THE, THE CONDITIONS OF OF APPROVAL ARE THE TYPICAL CONDITIONS THAT WE, THAT WE INCLUDE IN A BOARD ORDER.
UM, THEY, THEY UM, BASICALLY STATE THAT ANY SUBSTANTIAL MODIFICATIONS, UM, TO WHAT YOU'RE APPROVING TODAY WOULD REQUIRE, UM, THE APPLICANT TO COME BACK TO THE BOARD.
UM, SO BASICALLY IT, IT, IT ENSURES THAT THEY'RE NOT GOING TO BE INCREASING THESE, UH, THESE NON-CONFORMING CONDITIONS.
SO IN THE FUTURE, ANY ADDITIONS THAT THEY DO WILL HAVE TO BE IN CONFORMANCE WITH THE CODE.
AND THEY'RE PUT ON NOTICE THAT THEY CAN GET ADDITIONAL VIOLATIONS IF THEY, IF THEY, IS THERE ANY CONDITION CONCERNING THE PERGOLA BEING SO CLOSE TO THE BACK TO THE PROPERTY LINE THAT A HEDGE BE TALLER THAN, UH, THE PERGOLA? SO IT'S COMPLETELY BLOCKED VISUALLY? THERE, THERE, THERE IS A HEDGE THERE, BUT WE CAN CERTAINLY INCLUDE A CONDITION TO ENSURE THAT THAT HEDGE REMAINS IN PERPETUITY.
I THINK THAT WOULD BE A CONDITION THAT I WOULD LIKE TO ADD IS THE A IS THE APPLICANT OKAY WITH THAT? ANTON, ARE YOU OKAY WITH THAT SURE.
REQUIREMENT? YEAH, ABSOLUTELY.
THE, THAT THE HEDGE WOULD BE TALLER THAN, THAN THE, THE, THE HEIGHT, THE TOP OF THE PERGOLA.
SO I HAVE BEEN GROWING THESE HEDGES FOR FOUR YEARS, UM, AND THEY HAVE ABOUT SIX FEET LEFT TO GROW.
THEN WHEN I STARTED THEY WERE SIX FEET, NOW THEY'RE 12 AND WE'RE GETTING THEM TO 16 SO THAT WE'RE ABOUT TWO FEET OFF.
SO IN ABOUT ONE YEAR, WE'LL BE AT THAT POINT WHERE THEY'LL BE HIGHER.
WHAT KIND OF HEDGES? IS IT A FCUS HEDGE OR IS IT A THEY HAVE THE REALLY MOTORCAR, THEY FIRM ONES THAT MANICURE VERY WELL.
AS A MATTER OF FACT, I HAVE A PICTURE HERE I CAN SHOW YOU.
SO YOU CAN SEE BEHIND THE PERGOLA ALSO, IF YOU LOOK AT THE THIRD PICTURE, UM, TO THE RIGHT, YOU CAN SEE, UM, THEY'RE VERY BUSHY AND NOT SEE THROUGH.
AS A MATTER OF FACT, I ALSO HAVE A LETTER OF SUPPORT FROM MY NEIGHBORS WHO HAVE BEEN AT THAT HOME FOR 40 YEARS.
UM, AARON FULL APPROVAL OF THIS AS WELL.
WELL I WOULD LIKE TO MAKE THAT A CONDITION, IF THAT'S ALL.
DO YOU WANT TO DEFINE THAT AGAIN? YOU WANNA SAY IT AGAIN? EXACTLY.
SO
BUT, BUT HOW CAN WE HAVE THAT CONDITION NOW WHEN THAT'S NOT THE CASE NOW? I MEAN, THAT'S, THAT'S WHERE IT'S GONNA END UP, BUT RIGHT.
WHY, WHY WOULD YOU WANT, WHY WOULD YOU WANT IT HIGHER? WHY WOULD YOU WANT IT HIGHER? BECAUSE THE HOUSE NEXT DOOR CAN STILL SEE, YOU KNOW, IT'S GONNA GROW.
SO I WOULD LIKE TO AT LEAST THE FOOT HIGHER.
WE HAVE SOME OTHER QUESTIONS FROM THE BOARD BEFORE WE MR. CRANNICK.
OKAY, MR. NLA? WELL, YEAH, I THINK TO THAT POINT, I MEAN, IF WE MADE THAT A CONDITION AND HE'S STILL TWO FEET SHORT, HE'D BE IN IMMEDIATE VIOLATION OF THE CONDITION.
LIKE AS, SO I THINK THAT'S AN IMS CAN'T DO THAT.
I, I MEAN, OR WE HAVE TO GIVE HIM TIME FOR IT TO GROW IN.
I MEAN, WELL, I'LL CHIME IN TOO.
MY FEELING IS I REALLY DON'T THINK IT SHOULD BE A CONDITION.
HE OBVIOUSLY IS GONNA WANNA KEEP A HEDGE THERE BECAUSE HE WANTS TO HAVE THE PRIVACY HIMSELF TOO, NOT JUST FROM HIS NEIGHBOR.
SO I DON'T SEE WHY THEY WOULD TAKE DOWN THE HEDGE.
AND I AGREE, YOU KNOW, YOU, YOU'RE PUTTING A CONDITION ON IT NOW THAT IT, HE'S NOT MEETING IT.
AND AGAIN, YOU KNOW, I I I PERSONALLY DON'T SEE WHY HE WOULD EVER TAKE THAT HEDGE DOWN.
HE WANTS HIS PRIVACY TOO, LET ALONE FROM HIS NEIGHBOR.
SO I, I WOULD, I WOULD NOT BE SUPPORTIVE OF, OF, I MEAN, THE DEFENSE OF THE ARGUMENT, THE BOARD AGREES I WILL GROW THESE HEDGES.
I MEAN, THEY HAVEN'T, I MEAN, THE INTENTION WAS ALSO JUST TO BE VERY CLEAR, TO HAVE HIM HIGHER AND
[00:20:01]
JUST AS MUCH PRIVACY AROUND, YOU KNOW, AND, AND, AND JUST TO ADD, UM, BECAUSE I WAS GONNA WAIT, I ALWAYS WAIT TO MAKE THE LAST COMMENT.I GOTTA, I'VE BEEN ON THIS BOARD SIX YEARS, THEY'RE ALMOST GETTING RID OF ME NEXT MONTH'S, MY LAST MEETING, AND I'M TERMED OUT AND I HAVE NEVER SEEN SOMEONE BE YOUR HONESTY, YOUR CANDOR, YOU THE OWNER, YOURSELF PRESENTING.
IN THE SIX YEARS I'VE BEEN IN THIS BOARD, I HAVE NOT SEEN ANYONE MAKE A PRESENTATION, UM, WITH THE HONESTY AND APOLOGIZING.
I MEAN, YOU DIDN'T NEED TO APOLOGIZE, BUT YOU DID.
UM, AND TO ME THAT TELLS ME A LOT ABOUT A PERSON AND SOMEONE THAT'S INVESTED IN THE CITY OF MIAMI BEACH.
SO I PERSONALLY WANT TO THANK YOU FOR, YOU KNOW, YOUR HONESTY AND YOU CAN TELL YOU WERE SPEAKING FROM THE HEART.
UH, I'M COMFORTABLE THAT YOU, THAT HEDGE WILL STAY UP AND YOU'LL LET IT CONTINUE TO GROW.
THAT, THAT'S MY TAKE ON IT, GUYS.
SO I WOULD BE AGAINST THE, YOU KNOW, THE AMENDMENT.
I WOULD, I WOULD, WOULD, I'M GONNA RECOMMEND TO APPROVE AS, AS IS.
I CAN'T DO THE MOTION THOUGH, UNLESS YOU HAND HAND OVER THE GAVEL OR, BUT YEAH.
UM, MOTION TO APPROVE AS IS SECOND.
AND THANK YOU SO MUCH AGAIN FOR COMING IN YOUR PRESENTATION.
THANK WE APPRECIATE GOOD LUCK.
[3. ZBA25-0191, 1691 Michigan Avenue]
PREVIOUSLY CONTINUED APPLICATION ZBA TWO FIVE DASH OH 1 9 1 16 91 MICHIGAN AVENUE.UM, ALEJANDRO, UH, YES, THIS APPLICATION HAS BEEN FILED REQUESTING A MODIFICATION TO A PREVIOUSLY APPROVED APPLICATION FOR A VARIANCE TO PERMIT AN ALCOHOLIC BEVERAGE ESTABLISHMENT THAT IS CLOSER THAN 300 FEET FROM AN EDUCATIONAL FACILITY AND CLOSER THAN 300 FEET FROM A PLACE OF WORSHIP.
SPECIFICALLY, THE APPLICANT IS REQUESTING TO MODIFY THE MAXIMUM ALLOWABLE OCCUPANT CONTENT AND SEAT COUNT.
SO THIS, UH, THIS APPLICATION IS, UH, FOR AN OFFICE BUILDING THAT IT'S AN OFFICE BUILDING THAT IS ON CITY OWNED LAND.
THEY HAVE A LONG-TERM LEASE, UH, FROM THE CITY FOR THE LAND.
UM, THE OFFICE BUILDING, UM, IS GOING TO BE RENOVATED.
THAT WAS APPROVED BY THE DRB LAST YEAR.
UM, AND CURRENTLY, AND THEN ALSO LAST YEAR, THE BOARD OF ADJUSTMENT APPROVED A VARIANCE, UM, TO PERMIT AN ALCOHOLIC BEVERAGE ESTABLISHMENT THAT IS CLOSER THAN 300 FEET FROM AN EDUCATIONAL FACILITY IN PLACE OF WORSHIP.
THERE ARE SOME EDUCATIONAL FACILITIES IN PLACE OF PLACE OF WORSHIP ON 17TH STREET, UM, FOR, FOR AN ALCOHOLIC BEVERAGE ESTABLISHMENT THAT WILL BE LOCATED INSIDE OF THE BUILDING.
IT WILL BE TOTALLY CONTAINED INSIDE OF THE BUILDING.
IT WILL NOT BE VISIBLE FROM THE EXTERIOR.
UM, SO THAT WAS APPROVED, UM, ON OCTOBER 11TH, 2024 WITH AN OCCUPANT CONTENT OF 137 PERSONS AND A SEAT COUNT OF 97 SEATS.
THAT WAS ONE OF THE CONDITIONS IN THE ORDER THAT WAS APPROVED AT THAT TIME.
THE APPLICANT IS NOW PROPOSING TO MODIFY THE FLOOR PLAN OF THE ALCOHOLIC BEVERAGE ESTABLISHMENT.
THEY'RE REFERRING TO IT AS A SPEAKEASY, UM, INSIDE OF THE INSIDE OF THE OFFICE BUILDING.
UM, THE FIRST CHANGE THAT THEY'RE PROPOSING IS THE PREVIOUS FLOOR PLAN HAD A BATHROOM WITHIN THE, WITHIN THE ESTABLISHMENT THERE, THE OFFICE BUILDING HAS A BATHROOM THAT'S RIGHT ACROSS THE HALL.
SO THEY'RE PROPOSING TO REMOVE THAT BATHROOM AND, AND GUESTS WILL JUST BE ABLE TO USE, OR, OR PATRONS WILL BE ABLE TO USE THE BATHROOM THAT'S JUST ACROSS THE HALL.
UM, AND SO THAT INCREASES THE FLIP FOOTPRINT OF ONE OF THE AREAS OF THIS ALCOHOLIC BEVERAGE ESTABLISHMENT.
HOWEVER, THERE WAS AN AREA THAT WAS INCLUDED IN THE ALCOHOLIC BEVERAGE ESTABLISHMENT THAT WAS SORT OF A VIP AREA THAT THE APPLICANT WISHES TO REMOVE FROM THE ALCOHOLIC BEVERAGE ESTABLISHMENT, UM, AND TURN THAT INTO AN EMPLOYEE LOUNGE.
UM, SO THAT ACTUALLY RESULTS IN A REDUC IN AN OVERALL REDUCTION IN THE, IN THE OCCUPANCY CONTENT AND THE SEAT COUNT FOR THIS ESTABLISHMENT.
UM, SO THAT, UM, THAT RESULTS IN A MAXIMUM OCCUPANCY OF 80 PERSONS AND 69 SEATS.
UM, SO IT ACTUALLY LESSENS ANY POTENTIAL IMPACT.
BUT BECAUSE THEY ARE REVISING THE FOOT, THE FLOOR PLAN IN SUCH A WAY, THEY ARE REQUIRED TO COME BACK TO THE BOARD, UH, TO REQUEST A MODIFICATION OF THAT PREVIOUS APPROVAL.
UM, SO GIVEN THAT, UH, THAT THE, UH, THAT THEY'RE REDUCING THE OCCUPANT CONTENT, UH, REDUCING THE POTENTIAL IMPACTS OF THIS ESTABLISHMENT, THEY REMAIN BELOW THE NEIGHBORHOOD IMPACT ESTABLISHMENT THRESHOLDS.
IN THIS, IN THE, IN THE LAND DEVELOPMENT REGULATIONS, STAFF IS SUPPORTIVE OF THE PROPOSED MODIFICATION.
DO I HAVE ANY DISCLOSURES ON THE DA? NO.
IF YOU NEED MORE, LET ME KNOW.
NICHOLAS RODRIGUEZ, 200 SOUTH BISCAYNE BOULEVARD HERE ON BEHALF OF THE MASTER TENANT AT THE PROPERTY.
UM, JUST AS A HOUSEKEEPING MATTER, I WAS PASSING OUT THIS HANDOUT WITH SUPPORT LETTERS.
I REALIZED THAT THE PRINTER KIND OF DIDN'T PRINT THE, THE COLLATED COPIES CORRECTLY.
SO THE LETTERS OF SUPPORT ARE UPLOADED TO THE AGENDA.
UH, BUT I APOLOGIZE, I DON'T HAVE COPIES FOR EVERYONE 'CAUSE THE PRINTER, UM, IT'S A MESS.
I'D RATHER NOT GIVE THESE OUT.
BUT THESE ARE LETTERS OF SUPPORT FROM OUR NEIGHBORS, UH, THAT WE DID COORDINATE.
UH, SO JUST GETTING BACK TO, TO THE MERITS
[00:25:01]
OF THE MATTER, UM, IF WE COULD CALL UP THE PRESENTATION.SO AS RILEY MENTIONED, THIS IS A MODIFICATION TO A PREVIOUSLY APPROVED VARIANCE.
AND WHAT WE'RE DOING TODAY IS ACTUALLY REDUCING THE SEAT COUNT AND OCCUPANCY.
UH, TO JUST REMIND YOU OF THE CONTEXT, HERE WE ARE RIGHT NEXT TO THE JEFFERSONIAN CONDOMINIUM, TO OUR EAST CADDY CORNER.
TO THE NORTHEAST IS THE LINCOLN MARTI DAY SCHOOL, AND THEN CADDY CORNER TO THE NORTHWEST IS THE CUBAN HEBREW CONGREGATION OF MIAMI.
SO WE'RE KIND OF SANDWICHED BETWEEN THESE TWO OF THESE USES THAT REQUIRE US TO GET A VARIANCE.
UM, THE NEIGHBORING CONDOMINIUM DOESN'T REQUIRE US TO GET A VARIANCE, BUT OF COURSE THERE ARE NEIGHBOR, THEY'RE RESIDENTIAL NEIGHBORS.
SO, UH, WE'VE BEEN IN CONSTANT COMMUNICATION WITH THEM SINCE THIS PROJECT STARTED.
UH, AND THEY DID ISSUE A LETTER OF SUPPORT, THE CONDOMINIUM ASSOCIATION FROM A ZONING PERSPECTIVE.
UH, THIS PROPERTY IS REALLY KIND OF A NORTHERLY EXTENSION OF LINCOLN ROAD.
YOU CAN SEE THE RED CD THREE DISTRICT IS THE MOST INTENSE COMMERCIAL DISTRICT IN THE CITY, AND IT KIND OF PUSHES NORTH, UH, HERE NORTH WHERE THE MACY'S IS AT MERIDIAN.
AND THEN WHERE THIS BUILDING WAS DEVELOPED IN THE EARLY TWO THOUSANDS, UH, IT BORDERS ALONG THE PALM VIEW NEIGHBORHOOD, BUT WHERE WE ARE IS SQUARELY WITHIN, UH, THE LINCOLN ROAD CD THREE ZONING DISTRICT.
UH, THIS EXISTING BUILDING, AS I MENTIONED, WAS BUILT IN 2002.
UH, IT WAS A PUBLIC PRIVATE PARTNERSHIP BETWEEN THE CITY AND A DEVELOPER.
AND OUR CLIENT HAS ACQUIRED THIS BUILDING AND IS IN THE PROCESS OF MAKING SUBSTANTIAL IMPROVEMENTS.
UH, WE HAVE A DESIGN REVIEW BOARD ORDER THAT'S CURRENTLY BEING, UH, BUILT OUT AND PERMITTED WHERE THE BUILDING FACADE IS GETTING UPGRADED AND, AND IMPROVED.
AND THIS WAS REALLY THE OWNER'S VISION OR THE MASTER TENANT'S VISION FOR A, A CLASS OF OFFICE THAT EXCEEDS CLASS A OFFICE AND HE CALLS IT CLASS X OFFICE.
AND IT'S NOT JUST, UH, AESTHETIC IMPROVEMENTS TO THE BUILDING, IT'S PROGRAMMING THE BUILDING WITH AMENITIES THAT, UH, HIGH-END OFFICE TENANTS WOULD ENJOY HAVING.
UH, AND SO THE SPEAKEASY IS REALLY PART OF PROGRAMMING THE BUILDING WITH UNIQUE AND HIGH-END, UH, AMENITIES FOR 10 OFFICE TENANTS AND TO ATTRACT REALLY HIGH END OFFICE TENANTS.
UH, ONE REALLY IMPORTANT PART OF THIS RENOVATION IS A VALET AREA.
UH, CLASS A AND CLASS X OFFICES, UH, WILL HAVE, YOU KNOW, TEND TO HAVE VALETS, BUT WHAT'S IMPORTANT FOR THE NEIGHBORS, UH, IN THIS CASE IS THAT WE'RE BUILDING A SOLID WALL BETWEEN THE JEFFERSONIAN CONDOMINIUM AND OUR VALET AREA.
SO THAT'S GONNA BUFFER THEM FROM ANY NOISE IMPACTS THAT COULD OCCUR FROM HAVING A VALET AREA WITH A SPEAKEASY THAT'S OPEN LATE INSIDE THE BUILDING.
UH, SO THEY, THEY WERE SUPPORTIVE OF THAT.
AND IT'S ACTUALLY A BIG AESTHETIC IMPROVEMENT TO THE BUILDING AS WELL.
IT BENEFITS US HALF A VALET BENEFITS OUR NEIGHBORS, SO IT'S KIND OF A WIN-WIN.
UH, AND YOU SEE HERE, THIS IS A CLOSER UP OF THE VALET ON THE LEFT SIDE OF THAT IMAGE.
YOU SEE WHAT WILL BE, UH, HOPEFULLY A WATER FEATURE.
IT'S PRETTY COMPLICATED TO GET PERMITTED, BUT, UH, WE'RE, YOU KNOW, WE'RE TRYING TO MAKE A VERY NICE, UH, AND AESTHETICALLY PLEASING VALET AND ENCLOSURE WALL THERE.
SO THIS WAS THE PREVIOUSLY APPROVED VARIANCE.
UH, WE'RE NOT CHANGING THE DISTANCES BETWEEN THE BUILDING AND THE, THE, UH, DAY SCHOOL AND THE CUBAN HEBREW CONGREGATION.
UH, BUT WHAT WE ARE ASKING IS JUST TO MODIFY THE APPROVED FLOOR PLAN.
SO I'LL SHOW YOU HERE IS THE PREVIOUSLY APPROVED FLOOR PLAN.
AND WHAT YOU'LL SEE HERE IS WHAT ROGELIO WAS MENTIONING AS A KIND OF VIP AREA.
UM, REALLY WHAT THIS DOUBLES AS IS THE EMPLOYEE LOUNGE DURING THE DAY.
AND WHAT IT WAS ENVISIONED WAS THAT THE EMPLOYEE LOUNGE WOULD BE KIND OF AN OVERFLOW FOR THE SPEAKEASY.
UH, TO FULL DISCLOSURE, WHAT HAPPENED IS, UH, THE MOBILITY IMPACT FEE FOR A BAR IS QUITE EXPENSIVE IN THE CITY, AND IT'S BASED ON THE SQUARE FOOTAGE.
AND THIS AREA OF THE, THE EMPLOYEE LOUNGE, IT'S JUST NOT NECESSARY TO INCLUDE IN THE
IT'S NOT A REVENUE GENERATING AREA.
IT WAS JUST MEANT TO BE AN OVERFLOW.
AND SO OWNERSHIP MADE A DECISION TO KIND OF MODIFY THE FLOOR PLAN AND REDUCE THEIR AMOUNT OF THE IMMOBILITY IMPACT FEE THAT THEY WOULD HAVE TO PAY FOR AN AREA THAT'S REALLY NOT GONNA GENERATE MORE SEATS, MORE TABLES FOR THEM.
IT WAS JUST KIND OF, IT WAS NEXT TO THE SPACE.
SO IT WOULD'VE BEEN NICE TO HAVE AN OVERFLOW, BUT IT'S NOT NECESSARY TO HAVE.
UM, ALSO POINT OUT THAT UP HERE THERE WAS, UH, SOME BATHROOMS AND SOME STORAGE SPACE.
AND YOU'LL SEE IN THE PROPOSED FLOOR PLAN, THEY KIND OF JUST MADE MORE EFFICIENT USE OF WHERE THE SPEAKEASY IS GONNA BE.
THEY PUT SOME MORE SEATING HERE TO FILL IT IN AND THEY, WE REMOVED THE EMPLOYEE LOUNGE AND EVERYTHING THAT'S NOT REALLY ASSOCIATED WITH THE ACTUAL ALCOHOL SERVICE AND ALCOHOL BEVERAGE ESTABLISHMENT.
UH, THAT'S REMOVED FROM THE SCOPE OF THE VARIANCE.
SO THERE WILL BE NO ALCOHOLIC BEVERAGE SERVICE OFFERED OR SERVED INSIDE THE EMPLOYEE LOUNGE OR ANY OF THESE ROOMS THAT ARE ADJACENT ON THE THIRD FLOOR.
THEY'RE JUST, YOU KNOW, TYPICAL PARTS OF THE OFFICE BUILDING, NOT WHERE THE SPEAKEASY IS OPERATING.
UH, AS YOU CAN SEE, THERE'S 69 SEATS AND AN 80 PERSON OCCUPANT LOAD FOR THAT NEW AREA.
UH, AND THE NEIGHBOR SUPPORT LETTERS THAT I WAS GOING TO PASS OUT TO YOU, OR THEY'RE ALSO IN OUR PRESENTATION, THEY'RE ALSO UPLOADED TO THE AGENDA.
UH, WE HAD PREVIOUSLY REACHED OUT TO MR. PEREZ FROM THE LINCOLN LINCOLN MARTI DAY SCHOOL.
HE SAID, I CONTINUE TO NOT HAVE ANY OBJECTIONS OR ANY ISSUES WITH WHAT YOU GUYS ARE DOING.
UM, AND BLACKLINE ACTUALLY HAS A, A REALLY POSITIVE RELATIONSHIP WITH THEM WHERE THE KIDS FROM THE DAYCARE HAVE ACTUALLY VISITED THE OFFICE BUILDING AT DIFFERENT TIMES OF YEAR FOR DIFFERENT
[00:30:01]
EVENTS.UH, SO IT'S BEEN A, A POSITIVE RELATIONSHIP.
AND HERE WE HAVE A SUPPORT LETTER FROM THE JEFFERSONIAN CONDOMINIUM ASSOCIATION.
UH, SIMILARLY WE'VE BEEN WORKING WITH THEM THROUGHOUT THE PROJECT, UH, FOR CONSTRUCTION LOGISTICS AND EVERYTHING THAT HAS TO GO ALONG WITH THIS MAJOR OVERHAUL OF THIS BUILDING.
AND THEN, UH, WE WERE FINALLY ABLE TO GET IN TOUCH WITH THE CUBAN HEBREW CONGREGATION OF MIAMI.
AND THE LAST TIME WE WERE HERE, WE HAD TROUBLE GETTING IN TOUCH WITH THEM.
WE MADE A GREATER EFFORT THIS TIME AND WE WERE ABLE TO GET IN TOUCH WITH THEM AND THEY, THEY GOT BACK TO US WITH A LETTER OF SUPPORT.
I'LL SAY IT WASN'T SUPER EASY.
THEY WEREN'T, THEY WEREN'T THE MOST RESPONSIVE.
BUT FINALLY WHEN, WHEN WE GOT IN TOUCH WITH THEM, THEY WERE HAPPY TO SIGN A LETTER OF SUPPORT.
UH, SO WITH THAT WE, OH, AND I JUST WANTED TO SHOW YOU, UH, SOME OF THE RENDERINGS OF THE SPACE.
THE SPACE WILL BE OPERATED BY H WOOD GROUP.
UH, SO THEY ARE THE PROPRIETORS OF DELILAH IN THE CITY OF MIAMI AND MR. NICE GUYS SOME VERY POPULAR RESTAURANTS.
AND SO THEY'RE BRINGING THEIR ELEVATED CHARACTER TO THIS SPACE WITHIN THE SPEAKEASY LOUNGE WITHIN THIS BUILDING.
AND YOU CAN SEE THAT FROM THE PROPOSED RENDERINGS.
UH, SO WITH THAT, WE RESPECTFULLY REQUEST YOUR APPROVAL OF THE MODIFICATION.
WE'RE HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
UH, LEMME GO AHEAD AND OPEN UP THE PUBLIC COMMENT.
IS THERE ANYBODY ON ZOOM? WE'RE HERE ON THE CHAMBERS.
MR. MADDEN, THERE ARE NO HANDS RAISED ON ZOOM.
WE'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT AND OPEN UP TO QUESTIONS FROM THE BOARD CAN ALWAYS COUNT ON YOU.
MR. LER
SORRY TO PUT YOU THROUGH THAT.
I'M JUST CURIOUS IS BASICALLY THE DISTINCTION HERE IS WHAT'S CHANGING IS THERE'S NO SERVICE TO THESE AREAS, BUT BASICALLY, PRACTICALLY SPEAKING, EVERYTHING ELSE IS IDENTICAL AND IT'S SORT OF JUST THE CHANGE, LIKE CALLING IT SOMETHING DIFFERENT.
THE, THE USE IS IDENTICAL, BUT THERE, THERE THE, WHAT, WHAT I WOULD CALL THE NORTHERN PORTION OF THE SPEAKEASY, SORRY, THE SOUTHERN PORTION OF THE SPEAKEASY, UM, IS, IS EXPANDING BECAUSE THEY'RE REMOVING THE BATHROOM IN THAT STORAGE AREA.
SO THAT PART IS EXPANDING, BUT AT THE SAME TIME THEY'RE REDUCING, UH, THE NORTHERN, THEY'RE GETTING RID OF THE NORTHERN PORTION OF THE SPEAKEASY.
SO THAT, SO OVERALL, UM, THE, THE OCCUPANT CONTENT AND SEAT COUNT GOES DOWN LAST MONTH BEFORE THEY DECIDED TO REMOVE THE EMPLOYEE LOUNGE AREA.
UH, THE MODIFICATION THAT WOULD'VE BEEN BEFORE YOU WOULD'VE BEEN TO INCREASE THE SEAT COUNT AND OCCUPANCY.
WHEN THEY DECIDED TO REMOVE THAT SOUTHERN PORTION, THAT'S WHEN THEY REQUESTED THE CONTINUANCE.
AND SO THAT'S WHAT'S BEFORE YOU TODAY.
AND THE OVERALL IMPACT IS GOING DOWN, RIGHT? I'M JUST SAYING LIKE THOSE SEATS ARE STILL THERE, THEY'RE JUST NOT FOR THE PURPOSE OF THE SPEAKEASY.
YEAH, IF THERE, IF THERE'S ANY ALCOHOL SOLD, A VIOLATION COULD BE ISSUED.
UM, AND, AND THEY CAN LOSE THE VARIANCE.
AND, AND, AND WE ACTUALLY, WE HAVE A CONDITION IN THE DRAFT ORDER AS UH, THAT SPEAKS TO THAT.
QUITE OTHER QUESTIONS FROM BOARD MEMBERS.
KUDOS ON GETTING THIS JEFFERSONIAN LETTER.
UM, I, I THINK MR. LARKEY MIGHT REMEMBER THIS, I HAD A BANK RANCH THERE WHEN IT WAS A COLONIAL BANK AND I ACTUALLY GOT THAT DRIVE THROUGH APPROVED AND WE HAD TO WORK WITH THEM.
IT'S A LONG TIME AGO, GOING BACK 25 YEARS AGO.
UH, YOU KNOW, WE PUT THAT DRIVE THROUGH IN THERE, WHICH KIND OF CREATED THAT.
BUT WITH YOU CLOSING IT UP THE WAY YOU ARE DOING IT NOW, UM, YOU KNOW, AND YOU GOT IT DONE 'CAUSE YOU DIDN'T HAVE CORRECT ME, I'M WRONG.
YOU DIDN'T HAVE THAT WHEN YOU CAME TO US FOR THE, FOR THE, FOR THE LAST VARIANCE.
YOU DIDN'T HAVE THE LETTER OF SUPPORT YET? IT HADN'T.
AND HAVEN'T, IT WAS IN PROCESS.
YEAH, WE WERE ALL PROCESS, BELIEVE ME, I WENT THROUGH IT, I WENT THROUGH IT WITH OUR ATTORNEYS.
I DUNNO IF IT WAS YOU, MICHAEL, AT THE TIME OR SOMEONE ELSE.
AND, AND THANK YOU FOR FOLLOWING UP WITH THE CUBAN HEBREW CONGREGATION TOO, BECAUSE, YOU KNOW, YOU REALLY DIDN'T HAVE TO DO THAT BECAUSE WE APPROVED IT WITHOUT THAT ON THE LAST ONE.
SO, UH, I REALLY APPRECIATE YOUR EFFORTS, UM, IN JUST SOLIDIFYING THAT EVERYBODY'S GOOD.
OBVIOUSLY I KNOW THE BUILDING WELL 'CAUSE I HAD ONE OF MY BANK BRANCHES THERE.
GREAT BUILDING, GREAT LOCATION.
UM, IT LOOKS LIKE IT'S A GREAT VENUE THAT, THAT, THAT YOUR, YOUR OWNER IS GONNA BE OPERATING THERE.
SO THANK YOU FOR ALL YOUR EFFORTS.
ANY, ANY OTHER QUESTIONS ON THE S COMMENTS? IF NOT, I'LL OPEN IT UP TO ANY MOTIONS.
I'LL MOTION MOTION BY MS. MORLEY TO APPROVE AS PRESENTED.
I SECOND, UH, I'LL GIVE THE SECOND TO MR. SILVERS.
OKAY, WE HAVE ONE NEW APPLICATION,
[4. ZBA25-0172, 6801 Indian Creek Drive]
ZBA TWO FIVE DASH OH 1 72 6 8 0 1 INDIAN CREEK DRIVE.UH, ALEJANDRO, UH, THIS APPLICATION HAS BEEN FILED REQUESTING AN AFTER THE FACT VARIANCE FROM THE MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK FOR THE INSTALLATION OF LIGHTING POLES FOR THE SURFACE PARKING.
LOT OF AN EXISTING APARTMENT BUILDING.
OKAY, SO THIS IS, THIS IS A, UH, AN AFTER THE FACT VARIANCE FOR LIGHT POLES THAT WERE INSTALLED FOR THE SURFACE PARKING LOT, UH, FOR THE, UH, BOSTON, I WANNA SAY BOSTON CON BOSTON PLAZA, UH, CONDOMINIUM, UM, WHICH IS LOCATED AT 68 0 1 INDIAN CREEK DRIVE.
[00:35:01]
UM, THE APPLICANT IS CURRENTLY WORKING ON THEIR 30 YEAR RECERTIFICATION PROCESS.AS PART OF THAT PROCESS, THEY WERE REQUIRED TO INSTALL, UH, LIGHTING IN THEIR PARKING LOT CONSISTENT WITH THE LIGHTING STANDARDS OF THE BUILDING CODE.
UM, THE LIGHTS WERE PUT IN WITHOUT A INDI, WITHOUT AN INDIVIDUAL BUILDING PERMIT FOR THOSE LIGHTS.
THE APPLICANT, UM, WAS UNDER THE IMPRESSION THEY WERE REQUIRED TO DO IT.
SO THEY JUST DID IT, UM, WITHOUT OBTAINING THE, A FORMAL BUILDING PERMIT.
UM, THEY THEN WERE ISSUED VIOLATIONS, UM, AND THEY'RE SUBMITTED FOR AN AFTER THE FACT PERMIT WHEN IT WAS DISCOVERED THAT THE LIGHTS WERE INSTALLED.
UM, AT THE EDGE OF THE PROPERTY LINE, UM, WHICH IS IN VIOLATION OF THEIR REQUIRED SETBACKS IN THE CODE.
THE CODE REQUIRES THAT THERE BE A SETBACK OF SEVEN FEET, SIX INCHES.
AND THESE ARE ESSENTIALLY RIGHT ON THE PROPERTY LINE.
THEY'RE AIMED SO THAT THEY, THEY ONLY LIGHT THE PARKING LOT.
THEY'RE, THEY'RE NOT AIMING TOWARDS THE ADJACENT PROPERTY.
UM, AND THEY COMPLY WITH THE, WITH, UH, THE LIGHTING REQUIREMENTS OF THE BUILDING CODE.
UM, SO THE APPLICANT DOES HAVE A HARDSHIP IN THAT THE PARKING LOT, THEY WOULD HAVE TO LOSE PARKING SPACES IN ORDER TO, UH, PUT THE LIGHTING IN IN A LOCATION WHERE, UH, IT WOULD BE IN COMPLIANCE WITH A SETBACK.
UM, SO THERE IS A, A HARDSHIP THERE IN REQUIRING THE APPLICANT TO MOVE THOSE LIGHTS, UM, BECAUSE THEY WOULD LOSE REQUIRED PARKING.
UM, THE, UM, JUST ADDITIONALLY AS A SEPARATE MATTER, UH, THE BUILDING, UH, INDICATED THAT THEY HAVE SOME FINANCIAL DISTRESS IN THE CITY COMMISSION APPROVED AN ORDINANCE AND THE RESOLUTION WAIVING THEIR VARIANCE FEES, UM, TO ALLOW THEM TO PROCEED WITH THIS PROCESS.
UM, WITHOUT, WITHOUT THOSE, WITHOUT THOSE ISSUES.
UM, THE, UM, GIVEN THAT THEY HAVE NO OTHER PLACE WHERE THESE LIGHTS CAN GO, THEY ARE A REQUIREMENT OF THE FLORIDA BUILDING CODE.
UM, STAFF IS SUPPORTIVE OF THE GRANTING OF THE VARIANCE.
DO WE HAVE ANY DISCLOSURES ON THE D EXCUSE ME.
UM, WITH THAT, UM, PLEASE STATE YOUR NAME.
AND ARE YOU THE, THE ATTORNEY? THE PER I'M, UM, NO, I'M NOT THE ATTORNEY.
SO, UM, SET THE TIME FOR 10 MINUTES.
IS THAT ENOUGH FOR YOU TO, FOR YOUR PRESENTATION? ENOUGH? THANK YOU SO MUCH.
SO, UM, MALAM PRETTY MUCH, YOU KNOW, SAID EVERYTHING.
THE MAIN ISSUE HERE, LIKE HE SAID, WAS THE 30 YEAR CERTIFICATION VERSUS PERMITTING.
THE, IT'S NOT SQUARE, IT'S NOT ANY SHAPE THERE.
I THINK, I DON'T KNOW IF YOU GUYS HAVE, THE PACKET THAT I SUBMITTED IN THERE HAS THE COMPLETE SURVEY OF THE PROPERTY AND THERE'S NO WAY POSSIBLE FOR THESE LIGHTS TO BE PUT ANYWHERE WITHOUT ELIMINATING A WHOLE LINE OF PARKING.
UM, THEY DID ALL TYPES OF RESEARCH OF DIFFERENT HEIGHTS, DIFFERENT UM, LIGHTS, DIFFERENT EVERYTHING.
AND THE ONLY POSITION AND HEIGHT THAT THEY WERE ABLE TO ACCOMMODATE NO SPILLAGE, WHICH IS OBVIOUSLY VERY IMPORTANT TO THE, UM, ELECTRICAL, YOU KNOW, BUILDING CODE TO THE, UH, ADJACENT PROPERTIES WAS TO.
SO I HAVE OKAY, UM, HERE WHAT'S IN GREEN, I DON'T KNOW IF YOU CAN SEE THE COLORS, BUT WHAT'S IN GREEN IS THE PROPERTY LINE.
WHAT IS IN YELLOW IS WHAT IS SUPPOSED TO BE THE SETBACKS, WHICH IS SEVEN AND A HALF.
AND THEN THE POST, THERE'S ONLY THREE POSTS IN THEIR POSTS ARE THERE.
SO THAT'S BASICALLY, IT'S VERY SIMPLE AND IT'S COMPLYING WITH ONE AND NOT COMPLYING WITH THE OTHER.
UH, BOTH ARE NEEDED TO BE ABLE TO HAVE THE PROPER LIGHTING IN THE PARKING LOT.
UH, HERE, RIGHT HERE THERE'S A WHOLE LIST OF THE DIFFERENT MEASUREMENTS AND WHAT, UM, THE PERCENTAGE OF THE SPILLAGE, THE PERCENTAGE OF THE DARK AREAS.
THIS IS THE INFORMATION FROM THE ENGINEER OF ALL HIS RESEARCH.
IT'S BASIC, IT'S ONE THING OR THE OTHER, BUT THEY'RE, THEY'RE NOT COORDINATING TO BE ABLE TO COMPLY.
UM, GO AHEAD AND OPEN UP THE PUBLIC COMMENT.
NOBODY I SEE NO HANDS RAISED ON ZOOM.
OPEN UP TO QUESTIONS FROM THE BOARD.
SO, SO HOW DID THIS, UH, ARISE? THE, THEY, THEY WERE UNDERGOING THE PROCESS FOR THE 30 YEAR RECERTIFICATION, SO THAT REQUIRES 'EM TO MAKE ALL SORTS OF UPGRADES TO THE BUILDING.
UM, AS PART OF THAT, ONE OF THE UPGRADES IN THE ENGINEER'S REPORT THAT IS DONE AS PART OF THE 30 REAR CERTIFICATION PROCESS WAS THAT THEY NEEDED TO INSTALL LIGHTING, UM, IN THE PARKING LOT.
UM, AND SO THEY WENT AHEAD AND DID THAT WITHOUT GETTING AN INDIVIDUAL PERMIT FOR THAT LIGHTING.
UM, AND SO I, I SUPPOSE THEY THOUGHT THAT THE, THAT THE 30 YEAR CERTIFICATION REPORT WAS SUFFICIENT TO GO AHEAD AND DO THE WORK, BUT IT, BUT IT'S NOT, YOU NEED AN INDIVIDUAL PERMIT FOR THAT LIGHTING, UH, TO BE ABLE TO PROCEED.
[00:40:01]
LIGHTING WAS INSTALLED, THEY WERE ISSUED A VIOLATION BECAUSE IT WAS WORK WAS DONE WITHOUT A PERMIT.UM, SO THEN THEY SUBMITTED AN AFTER THE FACT PERMIT WHEN IT WAS DISCOVERED THAT THE, THAT THE LIGHTING WAS NOT IN COMPLIANCE WITH THE, UH, WITH THE REQUIRED SETBACKS.
SO IT WAS JUST A RANDOM CHECK BY THE CITY THAT, THAT THEY CAME ACROSS.
SO THIS WAS DONE WITHOUT RECORDING? YES.
YEAH, I MEAN I, I DON'T, I DON'T LOVE THE FACT THAT, YOU KNOW, I FEEL LIKE THEY GOT ALL THE EXPERTS INVOLVED AND SOMEONE KNEW THAT PROBABLY SHOULD HAVE KNOWN THAT THERE SHOULD HAVE BEEN A PERMIT, BUT YOU KNOW, AT THE END OF THE DAY, YOU KNOW, IF THEY WOULD'VE COME HERE ORIGINALLY, I THINK, YOU KNOW, THE RESULT WOULD BE THE SAME.
BUT, BUT YOU KNOW, IT IS WHAT IT IS AT THIS POINT.
ANOTHER COMMENTS, QUESTIONS? UM, I HAVE ONE QUICK QUESTION.
SO THESE WERE ADDITIONAL LIGHTS IN ADDITION TO THE ONES THAT WERE ALREADY THERE.
THERE, OBVIOUSLY THERE WAS ALREADY LIGHTS THERE.
SO THERE WAS NO LIGHTS IN THIS AND THAT'S WHY IT WAS IN THIS AREA AT ALL.
30 YEAR TO PUT LIGHT THERE BECAUSE IT WAS A BLACK AREA.
THAT COULD BE A SAFETY HAZARD HAZARD.
UM, NO OTHER COMMENTS OR QUESTIONS? I'LL ENTERTAIN ANY MOTIONS FROM THE BOARD.
MOVE TO APPROVE THE MOTION BY MR. DAVIS TO APPROVE.
THANK YOU SO MUCH FOR COMING IN.
OKAY, SO THAT BRINGS US TO OUR NEXT MEETING
[FUTURE MEETING DATE REMINDER: December 12, 2025]
DATE.MY LAST MEETING FOR THE RECORD.
HAVE I SAID THAT A COUPLE TIMES DURING, DURING THIS MEETING, BY THE WAY? UH, WHERE, WHERE'S THE AFTER PARTY? AFTER WHERE'S THE, WHERE'S THE AFTER PARTY? WHERE ARE WE GOING FOR THE AFTER PARTY? AFTER THE 12TH.
YOU, YOU CAN STAY FOR AN ADDITIONAL 60 DAYS IF NO ONE IS APPOINTED TO REPLACE YOU.
HOPEFULLY THIS, THIS IS THE FIRST TIME WHERE I'M HOPING THE CITY COMMISSION IS APPOINTED.
YOU MAY HAVE TO SEE ME AGAIN IN JANUARY.
HOWEVER, CORRECT ME IF I'M WRONG, AT THAT POINT WE STILL HAVE TO APPOINT A NEW CHAIR AND VICE CHAIR.
SO YOU MIGHT HAVE TO DEAL WITH ME FOR ANOTHER MEETING OR TWO, BUT NOT, YOU'RE NOT GETTING ANOTHER, NOT, NOT AS A CHAIR CELEBRATION.
UM, HOW ARE WE LOOKING FOR DECEMBER 12TH, MR. MADDEN? AS FAR AS, UM, AGENDA ITEMS, THERE ARE NO NEW APPLICATIONS.
THE ONLY APPLICATION WE HAVE IS THE ONE THAT WAS CONTINUED LAST MONTH TO THE DECEMBER MEETING FOR THE, UH, PADDLE COURTS.
SO EVERYONE COULD, EVEN THOUGH THERE'S ONLY ONE ITEM, IT COULD BE A LONG ONE.
WELL HOPEFULLY THEY DON'T I THOUGHT THEY'RE GONNA BE OUTTA TOWN.
THEY WERE GONNA BE OUTTA TOWN TODAY.
THE REST OF ITS WERE OUTTA TOWN.
SO THAT'S, THAT'S, THAT'S GONNA HAPPEN.
SO WE MAY HAVE THAT ONE ITEM, BUT YEAH, THAT'S GONNA BE OKAY.
BUT THEY WERE STILL WORKING ON TRYING TO WORK IT OUT.
WITH THAT, ANY GOOD WELFARE, ANYTHING ELSE? THANK YOU SO MUCH BOARD.
ALWAYS APPRECIATE YOUR, YOUR PARTICIPATION AND A MOTION TO CLOSE THE MEETING.