Jan 09, 2026 Board of Adjustment

ALWAYS FOLLOWING UP ON ALL MY EMAILS AND EVERYTHING.

WE'VE TALKED VARIOUS TIMES, YOU'VE GUIDED ME AND ADVISED ME, I GUESS KEPT ME OUTTA TROUBLE.

, WHICH, WHICH, WHICH IS A GOOD THING.

UH, MIRIAM, I KNOW MIRIAM SOMEWHERE HERE BEHIND THE SCENES.

THANK YOU FOR

[00:05:01]

AND ALEJANDRO, UM, THANK YOU SO MUCH.

UM, I REALLY APPRECIATE IT.

UM, TO, TO MY BOARD MEMBERS, UM, PAST AND PRESENT.

UM, YOU GUYS ARE GREAT, GREAT QUESTIONS.

KEPT ME ON MY TOES.

I REALLY ENJOYED ALL THE DIFFERENT BOARD MEMBERS THAT HAVE PASSED THROUGH HERE.

AND PROBABLY LAST BUT NOT LEAST, BUT THE MOST IMPORTANT, UH, MY EMPLOYER.

YOU KNOW, I HAVE A JOB, FIRST HORIZON BANK.

I'VE BEEN LUCKY, YOU KNOW, TO WORK AS A BANKER IN MY HOMETOWN MIAMI BEACH FOR 35 YEARS ON 41ST STREET AND FIRST HORIZON BANK HAS ALWAYS SUPPORTED ME IN ALL MY COMMUNITY ENDEAVORS.

AND I REALLY APPRECIATE THEM.

I WANNA PUBLICLY THANK THEM FOR THE SUPPORT THAT, THAT THEY'VE GIVEN ME.

SO GET A LITTLE EMOTIONAL .

SO WITH THAT, THE FIRST THING WE NEED TO DO, UM, AND, AND YOU DO THIS EVERY JANUARY, UM, WE NEED TO APPOINT A NEW CHAIR AND A VICE CHAIR.

UM, SO WITH THAT BEING SAID, UM, I'D

[1. Election of Chair]

LIKE TO TAKE A LITTLE BIT OF A PREROGATIVE.

UM, WHEN YOU'RE THE CHAIR, YOU CAN'T, YOU CAN'T DO A MOTION, UM, UM, AND YOU, THERE'S CERTAIN LIMITATIONS WHAT YOU CAN DO.

BUT YOU COULD, YOU CAN, YOU CAN HAND THE GAVEL OVER TO YOUR VICE CHAIR.

YOU'RE STILL MY VICE CHAIR.

'CAUSE WE DON'T HAVE ANY CHAIR OF VICE CHAIR YET.

SO I WANT TO HAND THE GAVEL OVER TO YOU FOR A MINUTE, MR. MR. VICE CHAIR.

SO ASSUME YOU GOT A GAVEL.

UM, AND I'D LIKE TO, UM, I'D LIKE TO NOMINATE, UM, SARAH MELLI TO BE THE NEXT CHAIR.

AND, UM, DO WE HAVE A SECOND? UH, SHE HAS TO, SHE HAS TO ACCEPT THE NOMINATION FIRST.

YOU HAVE TO ACCEPT THE NOMINATION.

UM, SURE.

I, OKAY.

YOU GOTTA SEE IF THERE'S A SECOND.

SECOND.

DO WE HAVE A SECOND? SECOND.

SO COMMENT ON ANYTHING.

UM, ALL IN FAVOR? ALL IN FAVOR? AYE.

I'D LIKE TO OPEN UP THE NOMINATIONS FOR VICE CHAIR.

OPPOSED? YOU HAVE TO SEE IF OPPOSED.

ANY OPPOSED? OKAY.

SO, SO, SO, SO WHAT I'M GONNA DO REAL QUICK, JUST TO MAKE YOU, UM, WHAT ACTUALLY YOU NO, I'M, I'M, I'M GONNA HAND IT OVER TO YOU.

YOU, YOU GO AHEAD NOW AS THE CHAIR, YOU'LL OPEN UP NOMINATIONS FOR VICE CHAIR MS. MARELLI, AND YOU GO AHEAD AND HANDLE THAT.

[2. Election of Vice-Chair]

I'D LIKE TO NOMINATE JANET SILVERMAN.

DO YOU SEC? OH, SURE.

SO YES.

I SECOND.

YOU CAN'T OR YOU'RE THE CHAIR.

IS THERE A SECOND? I'LL SECOND.

SECOND.

BY MR. DAVIS.

OH, THIS WOMEN A QUESTION.

YOU GOTTA CALL A QUESTION.

OH, ALL ALL IN FAVOR? AYE.

OPPOSED? ANYONE OPPOSED? POSE.

LIKE, NEW AT THIS? OPPOSED? NO.

UM, SO WITH THAT, I'LL, I'LL CALL ATTENDANCE.

THANK YOU, CONGRAT.

CONGRATULATIONS.

DO YOU WANT TO COME SIT HERE? I'M HAPPY TO GO DOWN THERE.

YOU SHOULD REALLY BE IN THE MIDDLE OF THE I'M HAPPY TO COME DOWN THERE.

UM, I'M DEFINITELY GONNA NEED SOME HELP WITH THIS.

I'LL CHANGE SEATS WITH YOU.

YOU CHANGE SEATS WITH YOU? YEAH.

WHY DON'T WE DO THAT.

COME ON DOWN.

OH, YOU, I'M SO GLAD MY SON'S HERE.

, DON'T FORGET ABOUT THE, OKAY.

CONGRATULATIONS.

THANKS.

I'M LIKE A LITTLE NERVOUS.

NOW WE'RE GONNA START THE MEETING.

I BELIEVE.

SO, MR. MADDEN, DO YOU WANNA CALL ATTENDANCE? ABSOLUTELY.

YES.

SO, GOOD MORNING EVERYBODY.

UH, CONGRATULATIONS MS. ELLI ON YOUR APPOINTMENT AS THE NEW CHAIRPERSON OF THE BOARD OF ADJUSTMENT.

UM, AND I'D LIKE TO THANK, UH, MR. GOLDBERG FOR, FOR YOUR SERVICE TO THE BOARD.

IT'S BEEN AN ABSOLUTE PLEASURE WORKING FOR WITH YOU.

UM, AND WE'RE GONNA MISS YOU.

[ATTENDANCE]

UM, SO MR. GOLDBERG HERE.

AND MR. SILVERS, UH, I CAN CONFIRM WE HAVE A QUORUM WITH SEVEN OF SEVEN MEMBERS PRESENT.

UM, AND DO YOU SWEAR IN THE, OH, SORRY.

CAN YOU SWEAR IN THE PUBLIC AND LET US KNOW IF THERE'S ANYONE ON ZOOM? SURE.

UM, MADAM

[ Jurisdiction Analysis by City Attorney’s Office, confirming jurisdiction.]

CHAIR.

UH, BUT FIRST, UM, MR. GOLDBERG, I JUST WANNA ALSO SAY THANK YOU AND ALSO AS A CITY ATTORNEY UPDATES, SAY, YOU KNOW, WE HOPE TO SEE YOU ON ANOTHER BOARD SOMETIME IN FUTURE.

I'M NOT, I'M NOT GOING AWAY.

YOU, YOU WILL SEE ME AGAIN.

GOOD.

MIGHT TAKE A, A COUPLE MONTHS BREAK.

OKAY, GREAT.

WELL DESERVED BREAK.

THANK

[SWEARING IN OF PUBLIC]

YOU.

GOOD MORNING ALL.

TODAY'S MEETING OF THE BOARD OF ADJUSTMENT HAS BEEN SCHEDULED IN A HYBRID FORMAT 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

[00:10:01]

PLATFORM.

IN ORDER TO PARTICIPATE IN TODAY'S MEETING, THOSE WISHING TO PARTICIPATE VIA ZOOM MAY DIAL 8 8 8 8 5 3 5 2 5 7.

AND ENTER THE WEBINAR ID, WHICH IS 8 2 8 6 9 6 1 5 3 0 9, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 2 8 6 9 6 1 5 3 0 9.

ANY INDIVIDUAL WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF THEY'RE USING THE ZOOM APP, OR DIAL STAR NINE IF THEY ARE PARTICIPATING BY PHONE BEFORE CONTINUING ON AND SWEARING IN THOSE THAT WILL BE TESTIFYING.

I'LL REMIND ALL ABOUT THE CITY'S, UH, LOBBYIST REGISTRATION REQUIREMENTS.

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 ARE SPEAKING ONLY ON BEHALF OF YOURSELF AND NOT ANY OTHER PARTY.

OR IF YOU ARE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING.

OR IF YOU ARE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION 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 ARE COMMUNICATING.

IF YOU ARE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR AN OBJECTOR, YOU MUST REGISTER AS A LOBBYIST.

THESE RULES APPLY WHETHER YOU'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE.

SO AT THIS POINT, I'D LIKE TO SWEAR IN THE MEMBERS OF THE PUBLIC THAT ARE HERE THAT ARE GONNA BE TESTIFYING.

FOR THOSE THAT ARE PARTICIPATING VIA ZOOM, I'LL DO IT INDIVIDUALLY AS THE CASE IS CALLED.

SO ALL, 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? YES, I DO.

WANNA MAKE SURE EVERYONE SAW THE MINUTES FROM THE NOVEMBER 7TH MEETING AND IF THERE'S ANY QUESTIONS OR COMMENTS.

AND PLEASE BE SEATED.

AND WITH THAT MADAM CHAIR, I'LL TURN IT OVER TO YOU.

UM, I

[3. After Action Report – November 7, 2025 ]

IF NOT, I'M GONNA ASSUME EVERYTHING'S CORRECT AND, UH, MOTION TO APPROVE.

SECOND.

CALL THE QUESTION.

YOU GOTTA CALL THE QUESTION.

ALL IN FAVOR? ALL IN FAVOR? AYE.

PREVIOUS CONTINUED APPLICATION, ZBA 2 5 0 1 8 9 16 31 WEST 28TH STREET.

ANY OPPOSED? NO PASSES.

WE'RE GOOD PASSES.

UM, NEXT.

GREAT.

[REQUESTS FOR CONTINUANCES/ WITHDRAWALS]

WE HAVE A CONTINUANCE.

IS THAT YEAH, DO WE THE PREVIOUS APP, ANY REQUEST FOR CONTINUANCES? OH, ANY REQUESTS FOR CONTINUANCES? MR. LIO, WE HAVE NO REQUEST FOR CONTINUANCES TODAY.

UM, OKAY.

SO WE HAVE A

[4. ZBA25-0189, 1631 West 28th Street]

CAN PLEASE, UH, LET US KNOW, THIS APPLICATION HAS BEEN FILED REQUESTING A VARIANCE OF THE REAR YARD SETBACK REQUIREMENTS FOR THE CONSTRUCTION OF APPAREL COURT ON A PARCEL WITH AN EXISTING SINGLE FAMILY HOME.

UH, REQUIRED REAR YARD OPEN SPACE.

SO, UM, THIS ITEM, UM, WAS ON THE AGENDA ON THE OCTOBER 17TH, 2025, UH, AGENDA.

UH, THE ITEM WAS LISTED UNDER REQUEST FOR CONTINUANCES.

AT THAT TIME, THE BOARD CONTINUED THE ITEM TO THE DECEMBER MEETING, BUT SINCE THAT MEETING WAS CANCELED, THE, THE ITEM HAS ROLLED OVER TO TODAY'S MEETING ON, ON ON JANUARY 9TH, 2026.

UM, THE, THE, THIS IS A SITE THAT IS A 20,800 SQUARE FOOT LOT.

UM, IT IS IN THE RS THREE ZONING DISTRICT AND LOCATED ON SUNSET ISLAND, NUMBER ONE.

UM, THE LOT CONTAINS AN EXISTING HOME BUILT IN 1936 AND THE APPLICANT IS LOOKING TO CONSTRUCT A PADDLE COURT, UM, IN THE REAR YARD.

UM, THE COURT IS BEING CONSTRUCTED IN AN AREA WHERE PADDLE COURTS ARE PERMITTED IN THE REAR SETBACK.

HOWEVER, THEY HAVE A FEW CONSTRAINTS, UM, THAT LIMIT THEIR ABILITY TO, TO BUILD THE COURT PRECISELY WHERE THEY WANT IT.

THEY COULD BUILD THE COURT IF THEY PUT IT UP AGAINST THEIR POOL OR ELSEWHERE ON THE SITE, UM, WITHOUT THE NEED FOR A VARIANCE.

BUT IT'S REALLY, UH, AN, AN IMPRACTICAL LOCATION.

IT'S REALLY, UM, AN AREA THAT, UM, THAT MAKES THE LOT, UM, UM, NOT REALLY USABLE, UH, IN THE WAY THAT SOMEONE WOULD EXPECT.

UM, SO THE, THE, UH, APPLICANT AS A RESULT OF THAT IS REQUESTING A REAR SETBACK VARIANCE.

THE APPLICANT IS REQUESTING TO REDUCE THE REAR SETBACK, UM, WHICH IS REQUIRED TO BE 24 FEET BY 16 FEET, SIX INCHES, AND THEY'RE REDUCING IT TO SEVEN FEET, SIX INCHES IN ORDER TO CONSTRUCT THAT PADDLE COURT.

THE ISSUES THAT THE APPLICANT FACES ARE THE 70%,

[00:15:02]

UM, THE APPLICANT, UM, WOULD BE BY, BY LOCATING THE PADDLE COURT IN THE REAR YARD WOULD BE SLIGHTLY ABOVE, UM, UM, SORRY, THEY WOULD HAVE SLIGHTLY BELOW THE REQUIRED REAR YARD OPEN SPACE.

ADDITIONALLY, HALF OF THE COURT FALLS WITHIN THAT WOULD FALLS WITHIN THAT REAR YARD.

AND THE, UM, REGULATIONS FOR COURTS LOCATED IN THE REAR YARD HAVE LIMITS ON FENCE HEIGHT AND, AND, UM, AND LIGHTING THAT THE APPLICANT, UM, COULD HAVE SOME ISSUES WITH THAT THEY CAN COMPLY WITH ON THE, ON THE PORTION OF THE PADDLE COURT THAT SNAPPED WITHIN THE SETBACK.

BUT THEY WOULD HAVE ISSUES ON THE PORTION OF THE PADDLE COURT THAT IS WITHIN THE SETBACK.

UM, SO THE APPLICANT DOES FACE SOME PRACTICAL DIFFICULTIES, UM, AND HARDSHIPS AS A RESULT OF THESE OF THESE ISSUES.

UM, THEY ARE PERMITTED TO HAVE A PADDLE COURT IN THE REAR YARD.

UM, AND SO IN ORDER TO ADDRESS THE PRACTICAL DIFFICULTIES THAT THEY FACE, THEY'RE SEEKING A VARIANCE.

AND STAFF IS NOT OPPOSED TO THE GRANTING, UM, OF THIS VARIANCE.

UM, HOWEVER, WE DO HAVE SOME CONCERNS.

WE'VE RECEIVED SOME CONCERNS FROM NEIGHBORS, UM, REGARDING SOUND IMPACTS AND LIGHTING IMPACTS OF PADDLE COURTS.

SO AS A RESULT OF THAT, UM, WE HAVE INCLUDED SOME CONDITIONS IN THE ATTACHED DRAFT ORDER AND THE APPLICANT HAS PASSED OUT SOME CONDITIONS, WHICH I BELIEVE WE HAVE HANDED OUT.

IF EVERYBODY, IF ANYBODY HAS NOT RECEIVED THEM, PLEASE LET ME KNOW AND WE'LL MAKE SURE YOU GET A COPY.

UM, SO THE CONDITIONS THAT STAFF HAS INCLUDED IN THE DRAFT ORDER INCLUDE THAT THE WALLS OF THE COURT SHALL INCLUDE ACOUSTIC BARRIERS OR BE CONSTRUCTED WITH NOISE DAMPENING MATERIALS TO PROVIDE SOUND MITIGATION WHEN THE COURT IS IN USE, UM, IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF, UM, REQUIRE THAT THE PADDLE COURT SURFACE SHALL BE CONSTRUCTED WITH REGULATION PADDLE TURF ON TOP OF A CONCRETE BASE OR OTHER NOISE ATTENUATING MATERIAL TO PROVIDE SOUND MITIGATION.

WHEN THE COURT IS IN USE IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF, UM, THE APPLICANT SHALL CONSTRUCT A SOLID PERIMETER WALL MEASURING A MINIMUM OF SEVEN FEET TALL ALONG THE REAR INSIDE INTERIOR.

LOT LINES MEASURED FROM GRADE TO PROVIDE FOR ADDITIONAL SOUND MITIGATION IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF REQUIRE THAT ACCESSORY LIGHT FIXTURES ASSOCIATED WITH THE PADDLE COURT SHALL BE ERECTED SO AS TO DIRECT LIGHT ONLY ONTO THE PREMISE ON WHICH THEY'RE LOCATED.

AND THEN THE PADDLE COURT SHALL NOT BE USED BETWEEN THE HOURS OF 9:00 PM AND 8:00 AM SEVEN DAYS A WEEK.

UM, AND ADDITIONALLY, ALL LIGHT FIXTURES ASSOCIATED WITH THE PADDLE COURT SHALL BE TURNED OFF, UM, BETWEEN 9:00 PM AND 8:00 AM SEVEN DAYS A WEEK.

UM, THE APPLICANT HAS PROVIDED SOME ADDITIONAL CONDITIONS, BUT I'LL, I'LL LET THE APPLICANT, UM, EXPLAIN THOSE.

SO WITH THAT, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED ORDER.

UM, BEFORE WE, AGAIN, IS THERE ANY DISCLOSURES THAT ANYONE WANTS TO SAY? NO? OKAY.

IS, UM, WHAT IS 10 MINUTES? OKAY.

YES, IT SHOULD BE PLENTY.

UM, CAN YOU STATE YOUR NAME AND GOOD MORNING.

MY NAME IS TRACY SLAVIN.

MY ADDRESS IS 3,800 NORTHEAST FIRST AVENUE, SUITE 200, MIAMI, FLORIDA.

I'M HERE ON BEHALF OF JAMIE ELIAS.

HE'S THE PROPERTY OWNER AT 1631 WEST 28TH STREET.

HE'S LIVED IN THIS HOME FOR ABOUT 10 YEARS, UM, AND HE'S MAKING SOME IMPROVEMENTS TO THE PROPERTY, UH, INCLUDING ADDITIONAL LANDSCAPING AND, AND REDESIGNING OF HIS, HIS BACKYARD AND FRONT YARD.

UM, AND AS PART OF THAT IS PROPOSING TO ADD A PADDLE COURT, AS STAFF SUGGESTED, UM, THE COURT COULD FIT WITHIN THE SETBACK.

BUT THIS IS AN OVERSIZED LOT AND THE WAY THE REGULATIONS WOULD APPLY TO THIS PROPERTY IN PARTICULAR CREATES SOME PRACTICAL DIFFICULTIES AND HARDSHIPS THAT REQUIRE US TO ASK FOR A VARIANCE TO APPROPRIATELY LOCATE THE COURT.

UM, AS WAS ALSO MENTIONED, UM, WE HAVE WORKED WITH OUR NEIGHBORS EXTENSIVELY.

UM, AT THE END OF ALL OF OUR NEGOTIATIONS WITH THEM, WE HAVE, UM, SUBMITTED APPROXIMATELY 18 LETTERS OF SUPPORT, OR NO OBJECTION.

UM, AND WE'VE WORKED VERY HARD WITH THEM TO MAKE SURE THAT THE OPERATIONS OF THIS COURT DON'T IMPACT OR AFFECT THEIR QUALITY OF LIFE IN ANY WAY.

UM, SO WE HAVE SUBMITTED CONDITIONS THAT WOULD BE NEW CONDITIONS FOR SECTION B OF THE DRAFT BOARD ORDER.

AND THESE FIVE CONDITIONS, UH, SIX CONDITIONS WOULD BE SUBSTITUTES FOR B 3, 4, 5, 6, 7, AND EIGHT.

UM, AND I'LL, I'LL WALK YOU THROUGH A LITTLE BIT OF THE PRESENTATION AND THEN HOPEFULLY THAT WILL HELP US GET TO THESE CONDITIONS.

SO HERE'S A, AN IMAGE OF THE PROPERTY.

AS YOU CAN SEE, UM, THE HOME IS LOCATED ON THE CORNER OF WEST 28TH AND SUNSET DRIVE.

UM, IT'S A DOUBLE LOT ESSENTIALLY.

UM, IT, IT, THE, IT'S A 20,800 SQUARE FOOT LOT.

THE ABUTTING HOMES ON THE EAST SIDE ARE EACH 10,400 SQUARE FEET.

FOR SOME CONTEXT, THE, THIS IS THE FRONT FACING SUNSET, DR.

UM, WEST 28TH STREET.

AND THIS IS THE VIEW OF THE BACKYARD AS IF YOU ARE LOOKING FROM SUNSET DRIVE INTO THE PROPERTY.

SO AS YOU CAN SEE, THERE'S A SIZABLE BACKYARD WITH MATURE TREES, A POOL,

[00:20:01]

A DECK, AND A LOT OF LANDSCAPING.

UM, BUT THIS WILL ALL BE ENHANCED WITH THE ADDITION OF THE COURT.

UM, THIS DIAGRAM SHOWS YOU OUR VARIANCE REQUEST.

UM, AS MENTIONED BY STAFF, THE REQUIRED SETBACK FOR A COURT IS SEVEN FEET, SIX INCHES, WHICH IS ALLOWED AS AN ENCROACHMENT INTO THE REAR YARD.

BUT THE REAR YARD ALSO SERVES AS A SETBACK LINE FOR THE MAIN BUILDING, WHICH, UH, FOR THIS PROPERTY IS APPROXIMATELY 24 FEET.

THESE ARE SOME RENDERINGS OF THE COURT FROM THE VIEW OF THE POOL AND THE BACK AND THE DECK IN THE BACKYARD.

UM, AS YOU CAN SEE, THE WAY IT'S DESIGNED, IT MAINTAINS THE MATURE LANDSCAPING AND ADDS ADDITIONAL HEDGING TO THE NORTH PROPERTY LINE.

AND THERE ARE, THERE'S ROOM FOR TREES AND LANDSCAPING BETWEEN THE POOL DECK AND THE COURT ITSELF.

HERE'S, UM, SOME VIEWS AS WELL.

THE, THE IMAGE ON THE LEFT IS ACTUALLY THE, THE RENDERING OF THE PHOTOGRAPH THAT I SHOWED YOU A FEW SLIDES BACK.

AND THEN, UM, THE IMAGE ON THE RIGHT SHOWS THE LANDSCAPING ALONG THE NORTH PROPERTY LINE AND THEN THE SPACE BETWEEN THAT AND THE COURT ITSELF.

THIS IS THE VIEW THAT YOU WOULD SEE FROM SUNSET DRIVE.

UM, THE IDEA IS TO TOTALLY OBSCURE THE COURT WITH LANDSCAPING SO THAT IT'S NOT OBVIOUS TO ANYBODY PASSING BY THAT THERE IS SOMETHING BACK THERE.

AND THIS IS OUR OVERALL LANDSCAPE PLAN.

THE AREAS IN COLOR ARE WHAT'S SUBJECT TO THIS APPLICATION.

THE AREAS IN GRAY SHOW THE ADDITIONAL LANDSCAPING BEING PLANTED.

UM, AND ON THE RIGHT YOU SEE SOME OF THE MATERIAL SAMPLES FOR THE COURT ITSELF.

SO WE WORKED VERY DIFF UH, VERY HARD WITH THE NEIGHBORS TO MAKE SURE THAT WE HAVE, UM, TERMS THAT MAKE SENSE FOR THEM AND FOR US.

UM, AND ESSENTIALLY THOSE ARE THE ADDITION OF A SEVEN FOOT CONCRETE BLOCK WALL ALONG THE NORTH PROPERTY LINE WHERE WE HAVE THE LONGEST BORDER WITH ANY OF OUR NEIGHBORS.

UM, CURRENTLY THAT WALL IS ABOUT THREE FEET TALL, SO IT WOULD BE, YOU KNOW, ADDED TO CREATE MORE SOUND ATTENUATION AND BARRIER BETWEEN THE, THE TWO PROPERTY LINES.

UM, IN ADDITION TO THAT, WE ARE PROPOSING TO ADD NOISE ATTENUATION PANELS ONTO THAT WALL ON OUR SIDE OF THE PROPERTY.

UM, THAT MAY EXTEND UP TO A FOOT OVER THE WALL ITSELF.

UM, WE HAVE LIGHTING RESTRICTIONS SO THAT THE LIGHT SPILLAGE IS ABSOLUTELY MINIMIZED AND STAYS COMPLETELY WITHIN THE COURT.

UM, THE LIGHTING DESIGN WILL BE SIMILAR TO THAT, WHICH YOU SEE AT INDIAN CREEK COUNTRY CLUB, IF YOU'VE EVER BEEN THERE.

INSTEAD OF HAVING POLE LIGHTS THAT SHINE DOWN ON THE COURT, THEY HAVE A LIGHTING SYSTEM THAT TRAVELS ALONG THE TOP OF THE FENCE LINE SO THAT THERE'S NO ADDITIONAL HEIGHT ADDED TO THE COURT.

AND OUR DESIGNERS ARE GOING TO MIMIC THAT CONCEPT AND PLACE IT HERE ON OUR COURT AS WELL.

UM, THE LIGHTS WILL BE TURNED OFF BY 7:30 PM EVERY DAY.

AND ON YOM KIPPUR, THEY WILL BE TURNED OFF AT 6:00 PM UM, THE GLASS BEING USED ON THE COURT IS, UM, AN AN ENHANCED GLASS THAT IS MEANT TO BE SOUND MITIGATING ACOUSTICAL GLASS, UH, WITH A MINIMUM OF 6.6 MILLIMETER TOTAL THICKNESS.

AND A LANDSCAPE BUFFER ACTUALLY HAS BEEN PLANTED ALONG THE NORTH PROPERTY LINE, I'M SORRY, CURRENTLY ALONG THE WEST PROPERTY LINE AND WILL BE PLANTED ALONG THE NORTH PROPERTY LINE WHEN THE COURT IS COMPLETED.

UM, HERE IS A PICTURE OF THE INDIAN CREEK LIGHTING FOR REFERENCE.

UM, AS YOU CAN SEE, IT'S VERY MUCH A MINIMAL SITUATION AND THE LIGHTING IS, IS LOWER THAN WHAT YOU WOULD SEE IN A TYPICAL COURT SETTING.

THESE ARE THE SUPPORT LETTERS AND NO OBJECTION LETTERS THAT WE HAD WHEN I TURNED IN THE PRESENTATION, BUT THERE HAVE BEEN FOUR MORE PROVIDED SINCE THEN.

SO WE HAVE, AS YOU CAN SEE, WORKED WITH EVERYONE AROUND US TO THE EXTENT POSSIBLE.

UM, THE ONES THAT ARE IN GRAY ARE FOLKS THAT WE HAVEN'T BEEN ABLE TO GET IN TOUCH WITH, BUT UM, AS YOU CAN SEE, THE, THE RESIDENTS WITH THE CLOSEST AND LONGEST BORDERS TO OUR PROPERTY HAVE VOICED THEIR SUPPORT OF THIS APPLICATION.

SO WITH THAT, WE WOULD ASK YOU TO PLEASE APPROVE WITH ACCEPTANCE OF THE PROFFERED CONDITIONS AND DETERMINED THAT THIS APPLICATION HAS MET THE REQUIREMENTS FOR THE APPROVAL OF THE VARIANCE TODAY.

NUMEROUS MEETINGS, HAVE RESOLVED THEIR DIFFERENCES AND AS A RESULT MY CLIENT SUPPORTS THIS APPLICATION AND URGES YOU TO VOTE FOR THE PROPOSED PADDLE BALL COURT.

UM, WITH THAT OPEN TO PUBLIC COMMENT, ANYONE ON ZOOM? IF YOU'RE ON ZOOM, PLEASE RAISE YOUR HAND IF YOU'D LIKE TO SPEAK.

I SEE NO HANDS RAISED.

UM, PLEASE STATE YOUR NAME AND ADDRESS.

YES, EXCUSE ME.

MY NAME IS TUCKER GIBBS WITH LAW OFFICE IS AT 38 35 UTOPIA COURT IN COCONUT GROVE.

AND I REPRESENT, UH, MR. ROBERT HERTZBERG, WHO LIVES AND OWNS THE PROPERTY IMMEDIATELY TO THE NORTH.

UM, MY CLIENT AND HIS NEIGHBOR HAS, AFTER

[00:25:01]

UM, WITH THAT, NO ONE'S ON ZOOM.

NO ONE'S ANSWER.

UH, I'D LIKE TO OPEN TO THE BOARD FOR ANY COMMENTS.

SO ARE ANY OF THE NEIGHBORS THAT YOU'VE GOTTEN IN TOUCH WITH AND WORKED WITH ARE, ARE THERE ANY THAT ARE OPPOSED TO THIS PLAN AT THIS POINT? UM, THE THREE NEIGHBORS IN GRAY HAD FILED, UH, OPPOSITION LETTERS.

UH, BUT THEY'VE BEEN OUT OF TOWN AND WE HAVE NOT BEEN ABLE TO CONTACT THEM.

UM, BUT AS YOU COULD SEE, AND I CAN GO BACK TO THAT SLIDE, UM, THEY DO NOT SHARE A PROPERTY LINE WITH THE PROPERTY EXCEPT NUMBER 16.

THEY MEET AT THEIR CORNERS.

UM, SO THEY, THE TWO PROPERTY CORNERS TOUCH, BUT THERE'S NO LENGTH OF PROPERTY LINE THAT ABUTS OUR PROPERTY.

AND, AND FOR REFERENCE NUMBER 16, THAT HOUSE HAS BEEN FOR SALE AND AS OF YESTERDAY IT'S UNDER CONTRACT.

SO IT COULD BE THAT THE CURRENT OWNER DOESN'T CARE ANYMORE AND HASN'T RESPONDED TO US 'CAUSE HE'S MOVING.

WAS THERE ORIGINAL, UM, OBJECTION ABOUT NOISE, LIKE THINGS THAT YOU'VE ADDRESSED IN THIS APPLICATION? YES.

NOISE AND LIGHTING.

ANY OTHER QUESTIONS? IT'S FOR THE CITY.

SO IF THERE IS, IF THERE ARE COMPLAINTS ABOUT NOISE, THOSE WOULD COME BACK BEFORE US.

SO THOSE WOULD GO TO CODE, HOW WOULD THAT WORK? UM, THEY WOULD GO BEFORE CODE ENFORCEMENT.

UM, THEY WOULD BE SUBJECT TO THE NOISE ORDINANCE IN THE CITY CODE.

UM, SO IF, IF THEY ARE EXCEEDING THE LIMITATIONS OF, UH, OF THE NOISE ORDINANCE, CODE ENFORCEMENT WOULD, COULD ISSUE A VIOLATION, UM, AND THEN THEY'D BE SUBJECT TO YOUR BOARD, TO YOUR OTHER BOARD? CORRECT.

AND BUT IF THE, IF THE VIOLATION WAS POTENTIALLY THAT THEY WERE KEEPING THE LIGHTS ON TOO LONG, A PLANE PAST THOSE HOURS, WOULD THAT COME BACK TO US? THAT WOULD BE A VIOLATION OF THE VARIANCE.

AND THAT WOULD, THAT WOULD UH, BE SUBJECT TO ENFORCEMENT THROUGH THIS BOARD? YES.

THANKS.

ANY OTHER QUESTIONS? UM, MADAM CHAIR, UM, COUPLE THINGS.

SO JUST TO REMIND EVERYONE, UM, THIS HAS BEEN NOTICED AND RENO.

SO, UM, IF YOU REMEMBER GOING BACK TO THE MEETING WHERE WE HAD SOME PEOPLE COME TO PRESENT 'CAUSE THEY WERE GONNA BE OUTTA TOWN AND THEY WEREN'T GONNA BE HERE, WE HAD A LOT OF LETTERS AND OPPOSITION.

UM, SO I DON'T HAVE AN ISSUE THAT THERE'S THREE THAT HAVEN'T BEEN ABLE TO GET IN TOUCH WITH 'CAUSE THEY'VE BEEN NOTICED AND THEY HAD FAIR OPPORTUNITY REALLY OVER THREE, OVER A THREE MONTH PERIOD, UM, TO DO THAT.

UM, ONE THING, AND AND THIS IS MAYBE MORE AND, AND I DON'T KNOW IF THIS IS PROPER PROTOCOL, BUT I JUST NOTICED IT AND I I, I DON'T WANT TO GET INTO A DISCUSSION WITH OUR, OUR, OUR NEW APPLICATION, WHICH IS, IS SIMILAR, IT'S A PADDLEBALL COURT, BUT WE HAVE TO BE CAREFUL AND, AND MAYBE I'LL DEFER TO THE CITY ATTORNEY OR, OR MR. MADDEN, YOU KNOW, THE PROFFER HERE IS THE PADDLE BALL COURT WILL, WILL NOT BE USED BETWEEN THE HOURS AT SEVEN 30 AND 8:00 AM OUR APPLICATION THAT WE'RE GONNA HEAR SHORTLY SIMILAR HAS THAT NINE 30 TO SEVEN.

SO I THINK WE NEED TO BE EXTREMELY CAREFUL IN SETTING A PRECEDENT.

UH, 'CAUSE ONCE YOU APPROVE CERTAIN HOURS FOR THEM, ANYONE IN THE CITY THAT WANTS TO DO A BATTLE BALL COURT SAY, HEY, WAIT, BUT YOU DID IT FOR THEM, YOU GOTTA DO IT FOR ME.

SO I DON'T KNOW LEGALLY MR. CITY ATTORNEY, IF WE NEED TO BE CAREFUL WITH THAT.

I MEAN, WITHOUT GETTING INTO A DISCUSSION ON THE NEW APPLICATION, BUT, YOU KNOW, YOU CAN'T HAVE FOR ONE AND NOT FOR OTHER DIFFERENT HOURS.

THE WAY I LOOK AT IT, THESE HOURS WAS WERE SHORTER THAN WHAT THE STATE RECOMMENDATION.

I KNOW, I'M NOT SAYING SHORTER, LONGER IS REALLY NOT THE ISSUE, BUT TO ME, CITYWIDE, IF YOU, YOU, YOU'RE GONNA CONTINUE TO HAVE PEOPLE BUY THESE OLDER HOUSES TO MIAMI BEACH, HIGH NET WORTH PEOPLE KNOCK 'EM DOWN AND THEY'RE WANNA PADDLE.

THIS IS NOT, THIS IS LIKE NOT THE FIRST OR THE SECOND ONE THAT WE'VE HAD.

SO IT'S GONNA BE AN ISSUE CITYWIDE THAT'S GONNA COME UP BECAUSE BELIEVE ME, THERE'S A LOT MORE HOMES OUT THERE THAT PEOPLE ARE GONNA SELL IT BECAUSE THEY'RE GONNA, THEY'RE NOT GONNA HAVE A CHOICE.

'CAUSE IF YOU DON'T, LISTEN, MY DAD'S ON 59TH IN NORTH BAY ROAD, HE GOT ALL THESE MEGA HOUSES THAT BUILT UP AROUND HIM.

HE'S GONNA HAVE TO DO SOMETHING ONE DAY BECAUSE HE'S DOWN HERE.

HE'S GONNA GET FLOODED REGARDLESS.

SO PEOPLE ARE GONNA SELL THEIR HOUSES DOWN THE ROAD AND A LOT OF THESE HIGH NET, THAT'S THE NEW THING.

PADDLE BALL COURTS.

SO I JUST THINK WE NEED TO BE CAREFUL.

AND I'M NOT SAYING WE NEED TO HAVE A MOTION OR THIS OR THAT.

I'M JUST WANNA PUT ON THE RECORD THAT WE NEED TO BE CAREFUL WHAT WE'RE DOING.

'CAUSE IT REALLY NEEDS, THERE NEEDS TO BE SOME CONSISTENCY IF WE'RE GONNA HAVE PADDLE BALL COURTS ALL OVER MIAMI BEACH ON RESIDENCES, UM, AS TO WHAT HOURS ARE GONNA BE PERMITTED.

I I JUST WANTED TO MAKE SURE IT WAS ON RECORD.

I I DON'T WANT THE CITY TO BE PUT IN A POSITION.

RIGHT.

WELL, I'LL, I'LL DEFER TO STAFF ON THAT BECAUSE THE RECOMMENDATION WAS THE, NOT THE LATER TIME PERIOD.

AND I DON'T KNOW IF THAT'S WHAT EVERYONE ELSE HAS.

THEY'RE JUST OFFERING BECAUSE OF THE DISAGREEMENT WITH THE NEIGHBORS TO EVEN ROLL IT BACK TO AN EARLIER TIME SO THAT BETWEEN SEVEN 30 AND NINE THERE WOULD BE NO LIGHTING.

KNOW, WE HAD CONCERNED NEIGHBORS.

AND IF I MAY MADAM CHAIR, UM, YOU KNOW, VARIANCES SHOULD BE LOOKED AT ON A CASE BY CASE BASIS.

AND SO IN THIS CASE, YOU

[00:30:01]

WE ARE WORKING VERY HARD TO BE GOOD NEIGHBORS.

UM, YOU KNOW, MR. ELIAS HAS LIVED HERE FOR OVER 10 YEARS, AS HAVE YOU KNOW, THE HERZBERG'S AND THE SANDWICHES AND THE RUSSES, THE, THESE NEIGHBORS HAVE LIVED NEXT TO EACH OTHER FOR A VERY LONG TIME AND THEY CARE ABOUT EACH OTHER AND WANNA MAKE SURE THAT EVERYBODY'S HAPPY.

SO, YOU KNOW, IN THIS PARTICULAR CASE, IT WAS APPROPRIATE TO SHORTEN THE HOURS RECOMMENDED BY STAFF.

UM, OBVIOUSLY IT WOULD BE NICE TO HAVE LONGER HOURS, BUT IN REALITY MY CLIENT DOESN'T THINK HE NEEDS THEM.

SO WE WERE, YOU KNOW, HAPPY TO OFFER THE, THE SHORTER TIMEFRAME AND THAT MAY NOT BE APPROPRIATE FOR THE NEXT APPLICATION.

YEAH, MATT, TO THE CHAIR.

YEAH, I AGREE.

UM, COUNCIL, YOU'RE AB YOU'RE ABSOLUTELY RIGHT, BUT I JUST WANT IT TO BE ON RECORD THAT THIS IS NOT, THIS IS GONNA COME UP AGAIN.

SO YOU'RE ABSOLUTELY RIGHT.

EACH, EACH CASE IS GOTTA GO ON ITS OWN MERIT AND IF A NEIGHBOR DOESN'T COMPLAIN AND SOMEONE ELSE IS PUT ON THE POWERBALL COURT AND THEY DON'T SHOW UP WHATEVER HOURS THEY DO, THEY DO.

SO THANK YOU FOR CLARIFYING THAT.

THANKS BENAM CHAIR.

UH, DO YOU HAVE ANY MORE QUESTIONS? YOU SAID YOU HAD A FEW THINGS, MR. ? NO, NO.

WE, OKAY.

THAT'S, I'M, YOU HAD A FEW THINGS.

NO, THAT WELL, I'M GOOD.

ANY OTHER QUESTIONS? YEAH, I GOT TWO.

JUST TO PIGGYBACK ON THAT.

SO WHAT WERE THEY SHORT SHORTENED FROM NINE THE HOURS? UM, WE HAD RECOMMENDED NINE AND THEY'RE GOING DOWN TO SEVEN 30.

BUT WHERE DOES, WHERE DO THOSE INITIAL NUMBERS COME FROM? UH, JUST A REASONABLENESS STAFF FELT THAT, UH, 9:00 PM WAS A REASONABLE HOUR TO, TO CEASE MAKING NOISE AND TO NOT IMPACT, UH, PEOPLE'S ABILITY TO A GOOD NOR OF SLEEP.

SO THAT'S, SO WHAT IT WAS SHORTENED FROM, THAT'S SORT OF THE REASONABLE BASELINE ACROSS THE BOARD STANDARD IS A STARTING POINT AND THEN WE GO CASE BY CASE FROM THAT, CORRECT? IS THAT YEAH, FOR THE RECORD, CORRECT.

BUT THERE, THERE IS NO ADOPTED STANDARD.

UM, AND, AND BASED ON SOME OF THE COMMENTS THAT I'M HEARING, IT MIGHT MAKE SENSE, UM, TO HAVE A PROVISION THAT IN THE FUTURE SHOULD THE CITY DECIDE TO REGULATE PADDLE COURTS, UM, AND THE REGULATE THE HOURS FOR LIGHTING AND, AND AND THINGS LIKE THAT IN THE ZONING ORDINANCE TO HAVE A PROVISION THAT, UM, THAT SHOULD THE CITY RESTRICT IT FURTHER, THAT THE, THAT THE HOURS WILL BE RESTRICTED PURSUANT TO CITY CODE IF THAT WERE TO HAPPEN IN THE FUTURE.

RIGHT.

AND THAT, AND THAT THAT GOES, UH, I, I I GUESS I'LL DEFER ON THAT 'CAUSE THAT'S YOUR ISSUE.

BUT I MEAN THAT WOULDN'T, UM, HAPPEN AS A MATTER OF LAW THAT WOULD THIS THIS WOULD BE GRANDFATHERED IN, BUT FOR THAT CLAUSE, CORRECT.

OH, SO I'LL DEFER ON THAT ISSUE.

UM, I DID HAVE ONE OTHER QUESTION.

ONCE WE'RE DONE WITH THIS ISSUE THOUGH, THAT'S GENERALLY THE CASE.

IF YOU HAVE A BOARD ORDER THAT GRANDFATHERS SOMETHING IN, IF THE CITY CODE BECOMES MORE RESTRICTIVE, YOU'RE GRANDFATHERED IN WITH THOSE HOURS.

SO IT MAY BE GOOD TO HAVE A PROVISION, UM, THAT SAYS SHOULD THE CITY IN THE FUTURE REGULATE HOURS FURTHER THOSE HOURS WOULD APPLY.

MOTION FOR THAT? DO YOU NEED A MOTION FOR THAT? WHENEVER YOU HAVE THE MOTION TO APPROVE, UM, IF YOU CAN DECIDE IF YOU WANNA INCLUDE THE CONDITIONS SUGGESTED BY THE APPLICANT AND INCLUDE THAT PROVISION AS WELL.

BUT JUST TO BE CLEAR, THOSE HOURS WOULD ONLY APPLY IF THEY RESTRICTED FURTHER, THEY WOULDN'T INCREASE THE HOURS.

ALRIGHT.

I I HAD ONE OTHER QUESTION FOR THE, THE DOTS, THE DOT SLIDE.

SURE.

CAN WE PUT THAT ONE BACK UP? SURE.

IT'S ON MY SCREEN.

IT JUST HAS TO GO UP THERE.

OH, I I JUST CAN'T HOW LIKE STOP MY, I SO SCENE NUMBER 14, WHICH IS FUR, LIKE SEE THAT HOUSE BETWEEN 14 AND FIVE? YES.

14 IS FURTHER FROM, THAN THE ONE IN BETWEEN 14 AND FIVE.

WHY DOES THAT HOUSE NOT GET A DOT? THEY, NO ONE WAS ABLE TO CONTACT THEM.

UM, THEY DIDN'T SUBMIT ANY LETTERS.

WE, THEY DIDN'T ANSWER OUR INQUIRIES.

SO YOU REACHED OUT TO THAT MM-HMM AND SAME FOR THE OTHER HOUSE THAT'S IMMEDIATELY ADJACENT TO FIVE, BUT ON THE OTHER SIDE.

GO AHEAD PAUL, THE QUESTION.

THAT'S ALL I GOT.

UM, ANY OTHER QUESTIONS FROM ANYONE? I JUST WANNA SAY I'M HAPPY YOU GUYS WERE ABLE TO RESOLVE THAT 'CAUSE I KNOW IT'S A THANK YOU HARD BATTLE.

UM, WITH THAT I'D LIKE TO OPEN UP CLOSE MOTION.

OH, SORRY.

UM, I THINK WE'VE GOT THE CLOSE PUBLIC HEARING.

OH, CLOSE .

MY FIRST TIME YOU'LL BE, LISTEN, IT HAPPENED TO ME.

WE'RE GONNA CLOSE PUBLIC COMMENT AND WITH THAT I'D LIKE TO ENTER MOTION TO, I'LL, I'LL MOTION TO, TO APPROVE AS PRESENTED WITH THE ADDED AMENDMENT THAT MR. MADDEN SAID.

I THINK THAT THAT WAS, THAT'S A GREAT RESOLUTION THAT THAT REALLY IS THE RIGHT THING TO DO.

SO IT'S ON RECORD 'CAUSE IT'S GONNA COME UP DOWN THE ROAD.

SO, UM, SO I MOTION TO APPROVE SECOND, MAKE A SECOND.

IS THAT WITH THEIR CONDITIONS OR THE STAFF'S CONDITIONS? WITH THEIR CONDITIONS? THEIR CONDITIONS? WELL THE ONES THAT THEY'RE REPLACING.

'CAUSE THERE'S TWO OF THE STAFFS THAT ARE KEEPING RIGHT.

IT'S THE ADDITIONAL CON THOSE TWO FROM STAFF AND IT'S WITH THEIR, THEIR AMENDMENTS TO BE PLUS THE ADDITIONAL COMMENT, MADDEN, TELL ME IF I'M WRONG, BUT I BELIEVE, 'CAUSE I READ THEIR APPLICATION LAST NIGHT AND I JUST READ QUICKLY, THEIR CONDITIONS ARE MORE RESTRICTIVE THAN THE STAFF'S CONDITIONS, CORRECT? CORRECT, CORRECT.

SO THAT'S WHY I JUST WANTED TO CLARIFY THE MOTION THAT YOU MORE RESTRICTED ONES.

YEP.

SO YOU GOT FIRST AND THE SECOND BY MR. SILVERS.

[00:35:01]

ALL ALL IN FAVOR? AYE.

ZBA 2 5 0 1 9 3 21 20 LUAN AVENUE.

ANY OPPOSED? NO MOTION? MOTION PASSES.

[5. ZBA25-0193, 2120 Lucerne Avenue]

THIS APPLICATION HAS BEEN FILED REQUESTING A VARIANCE TO REDUCE A FRONT YARD SETBACK FOR A PROPOSED TO STORY HOME ON A VACANT LOT.

OKAY, SO THIS IS, UM, THIS IS ON SUNSET ISLAND NUMBER FOUR, SO A FEW ISLANDS AWAY.

UM, THIS IS IN THE RS FOUR DISTRICT.

IT IS A 7,066 SQUARE FOOT LOT.

UM, SO IT'S A MUCH SMALLER LOT THAN THE, THAN THE PREVIOUS PROPERTY THAT WE JUST DISCUSSED.

UM, IN THIS CASE, THE, UH, THE APPLICANT IS SEEKING TO CONSTRUCT A NEW TWO STORY SINGLE FAMILY HOME, UM, WITH AN ACCESSORY PADDLE COURT.

UM, THE PADDLE COURT, UM, IF, IF YOU LOOK AT THE SITE PLAN, UH, OCCUPIES A SIGNIFICANT PORTION OF THE LOT, IT'S, IT HAS A LARGER FOOTPRINT THAN THE HOME ITSELF.

UM, UH, SO THE APPLICANT IN THIS CASE, IN ORDER TO BE BE ABLE TO FIT THE COURT IN, IS REQUESTING A VARIANCE OF THE FRONT SETBACK.

THE CODE REQUIRES A 30 FOOT SETBACK FOR TWO STORY HOMES.

THE APPLICANT IS REQUESTING TO REDUCE THAT TO, TO 20 FEET, WHICH IS WHAT THE CODE WOULD REQUIRE FOR A ONE STORY HOME.

UM, THE REASON FOR THAT IS, IS, IS BECAUSE OF THE, THE, THE, THE, THE SIZE OF THE LOT IN ORDER TO FIT THE COURT.

THAT WOULD BE THE DIMENSION THAT THEY, THAT THEY WOULD REQUEST.

STAFF DOES HAVE CONCERNS, UM, WITH THE REQUESTED VARIANCE BECAUSE IT DOES RESULT IN THE PADDLE COURT BEING LARGER THAN THE HOME.

AND THE PRIMARY USE OF THIS LOT OF A SINGLE FAMILY, SINGLE FAMILY DISTRICT IS SUPPOSED TO BE A SINGLE FAMILY HOME.

SO IT ALMOST FEELS LIKE IT'S A COURT WITH AN ACCESSORY SINGLE FAMILY HOME.

UM, STAFF, UM, IS NOT RECOMMENDING A DENIAL AT THIS POINT.

STAFF FEELS THAT WE COULD WORK WITH THEM, UM, TO, TO ADJUST THE SITE PLAN SOMEWHAT, PERHAPS, UM, EXPANDING THE SECOND FLOOR CANTILEVERING OVER OVER THE COURT OR, OR MAYBE DOING, LOOKING AT SOME OTHER OPTIONS, UM, TO, TO COME UP WITH A SITE WHERE THE HOME IS A, IS A MORE SUBSTANTIAL, UH, UH, HOME IN RELATIONSHIP TO THE PADDLE COURT.

UM, HOWEVER, THAT BEING SAID, SHOULD THE BOARD WISH TO APPROVE, UH, THE VARIANCE WE DID INCLUDE A DRAFT ORDER.

UM, AND WE DID INCLUDE CONDITIONS.

UM, THE, AND IN ADDITION, THE APPLICANT HAS PROFFERED SOME CONDITIONS THEMSELVES.

SOME OF THEM WERE PROFFERED FAIRLY EARLY ON, SO WE WERE ABLE TO INCLUDE THOSE IN THE STAFF REPORT.

UM, AND THAT INCLUDES AGAIN, UH, THAT THE PADDLE COURT, UH, SURFACE SHALL BE CONSTRUCTED WITH THE REGULATION PADDLE TURF ON TOP OF CONCRETE BASE OR OTHER NOISE ATTENUATING MATERIAL TO PROVIDE FOR SOUND MITIGATION WHEN THE COURT IS IN USE IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF.

UM, ACCESSORY LIGHT FIXTURES ASSOCIATED WITH THE PADDLE COURT SHALL DIRECT LIGHT ONLY ON THE PREMISE ON WHICH THEY'RE LOCATED AND THAT THE PADDLE COURT SHALL NOT BE IN USE BETWEEN THE HOURS OF 9:30 PM AND 7:00 AM SE SEVEN DAYS A WEEK.

ADDITIONALLY, ALL LIGHT FIXTURES ASSOCIATED WITH THE PADDLE COURT SHALL BE TURNED OFF BETWEEN THE HOURS OF 9:30 PM AND 7:00 AM SEVEN DAYS A WEEK.

WE'VE ALSO REQUESTED SOME ADDITIONAL CONDITIONS, WHICH, WHICH I DID READ IN THE PRIOR AMENDMENT, BUT I'LL READ 'EM AGAIN FOR, FOR THIS, FOR THIS FILE, WHICH IS THE WALLS OF THE PADDLE COURT SHALL INCLUDE ACOUSTIC BARRIERS OR BE CONSTRUCTED WITH NOISE DAMPENING MATERIALS TO PROVIDE SOUND MITIGATION.

WHEN THE COURT IS IN USE IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF, THE APPLICANT SHALL CONSTRUCT A SOLID PERIMETER WALL THAT IS SEVEN FEET TALL ALONG THE REAR AND SIDE INTERIOR LOT LINES MEASURED FROM GRADE TO PROVIDE FOR ADDITIONAL SOUND MITIGATION IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF.

AND THREE, THAT THE PADDLE COURT SHALL NOT BE USED BETWEEN THE HOURS OF 9:30 PM AND 8:00 AM SEVEN DAYS A WEEK.

ADDITIONALLY, ALL LIGHT FIXTURES ASSOCIATED WITH THE PADDLE COURT SHALL BE TURNED OFF BETWEEN 9:30 PM AND 8:00 AM.

UM, SO THOSE ARE, THOSE ARE THE CONDITIONS THAT WE WOULD SUGGEST IN THE EVENT THAT THE BOARD IS, IS, UM, IS, IS LEANING TOWARDS APPROVING THE ITEM.

UM, AND THEN WE WOULD ADD THE, THE, THE ITEM THAT I, THAT I DISCUSSED PRIOR, WHICH IS SHOULD THE CITY COMMISSION DECIDE TO REGULATE THE HOURS ON PADDLE COURTS EVEN FURTHER, THAT THE MORE RESTRICTIVE REGULATION WOULD APPLY.

UM, SO WITH THAT, UM, STAFF RECOMMENDS THAT THE ITEM BE CONTINUED TO A FUTURE DATE.

UM, UM, AND I'LL TURN IT OVER TO THE BOARD.

UM, ANY DISCLOSURES? NONE.

I RECEIVED, UH, AN EMAIL FROM MR. AMSTER WITH THE FIRM AND I JUST ACKNOWLEDGE RECEIVING NOT BE APPLIED, ACKNOWLEDGING RECEIPT OF IT.

RECEIPT ONE AS WELL.

SAME HERE.

ALRIGHT, UM, I WAS GONNA SAY WHO'S GOING TO REPRESENT, BUT I ASSUME MR. CLARK UNDERSTAND THERE'S, UM, 10 MINUTES.

GOOD? YES, I THINK SO.

UH, FIRST OF ALL, CONGRATULATIONS MADAM CHAIR, IT'S WELL DESERVED.

AND MICHAEL, WHATEVER ORGANIZATION YOU'RE A PART OF, IT ALWAYS, YOU ALWAYS LEAVE IT IN A BETTER PLACE, WHETHER IT'S AT THE CHAMBER OR HERE.

SO WELL DONE AND THANK YOU FOR YOUR SERVICE HERE.

SO, GOOD MORNING MADAM CHAIR, BOARD MEMBER STAFF MICHAEL LARKIN IN SOCA BOULEVARD HERE

[00:40:01]

REPRESENTING THE APPLICANT WOULD BE TODAY IS RICHARD TESTER, THE OWNER MATTHEW COHEN FROM STRANG ARCHITECTURE.

MY PARTNER MATT AMSTER, MY COLLEAGUE MARK G**O.

WE'RE PROPOSING A MODERN TWO STORY HOME ON THIS LOT THAT'S IN SUNSET ISLAND, FOUR AT 2120 LUCERNE AVENUE, ALONG WITH A PODELL COURT IN THE REAR YARD.

UH, NEXT CAN YOU BRING UP THE PRESENTATION SO WE THAT'S FINE.

UM, THE HOME WAS TASTEFULLY DESIGNED BY STRANG ARCHITECTURE AND COLLABORATION WITH OUR FIRM.

THIS PROPERTY IS A NARROW, IRREGULARLY SHAPED CORNER LOT IN SUNSET ISLAND.

FOUR.

IT'S ONLY 60 FEET IN WIDTH AND IT HAS A ROUNDED NORTHEAST CORNER TO THE LOT MAKING IT IRREGULAR.

ALTHOUGH CURRENTLY VACANT AND WELL KEPT THIS LONG WAS LOT OF NUISANCE IN THE NEIGHBORHOOD FOR SUNSET ISLAND.

FOUR, AFTER THE ORIGINAL HOME WAS DEMOLISHED IN 2019, THE THEN OWNERS ILLEGALLY RENTED A LOT FOR CONSTRUCTION, PARKING AND DUMPING THE CUMULATIVE EFFECT OF WHICH TURNED THE PROPERTY INTO A HORRIBLE NUISANCE FOR THE NEIGHBORHOOD.

THIS STATE OF THIS FOR OVER SIX YEARS, THE FACT THAT IT SAT ON THE MARKET FOR THAT LONG AS THE TESTAMENT HOW CHALLENGING THIS SITE IS TO REDEVELOP.

THESE IMAGES ILLUSTRATED PREVIOUS ISSUES ON THE PROPERTY RESULTING FROM ILLEGAL DUMPING AND THE ILLEGAL USE OF PORTA-POTTIES.

AND YOU ALL KNOW HOW MUCH THOSE SMELL WHEN THEY'RE NOT PROPERLY MAINTAINED.

THAT ADDED TO THE HORROR THAT THIS LOT VISITED UPON THE NEIGHBORHOOD.

REALLY THE SITE WAS A STAGING AREA FOR CONSTRUCTION.

IT WAS UNLAWFULLY USED FOR THE STORAGE OF EQUIPMENT AND CON AND DEBRIS GENERATED BY NEARBY CONSTRUCTION PROJECTS.

AND AS YOU ALL WILL SEE, THIS SITE WAS TREATED LIKE A PERSONAL TRASH CAN FOR THE PEOPLE WHO RENTED THE SITE.

THE PRIOR OWNER ALSO LEGALLY RENTED THE PROJECT FOR CONSTRUCTION PARKING.

15 CARS, 20 CARS.

25 CARS WOULD PARK THERE ON A ROUTINE BASIS.

VEHICLES WOULD ROUTINELY GO OUT INTO THE SWALE TO THE ADJACENT RIGHT OF WAY, CREATING SAFETY AND ACCESS CONCERNS.

AND THEN AT THE END OF THE DAY, THE WORKERS WOULD ALL LEAVE AT THE SAME TIME CAUSING SIGNIFICANT BLOCKAGE.

SO MUCH SO THAT THE NEIGHBORING OWNERS COULDN'T LEAVE THEIR THEIR HOMES DURING THE EXODUS OF THE CARS FROM THIS LOT.

THE STREET VIEW REALLY DOESN'T DO IT ANY JUSTICE.

THIS AERIAL VIEW CAN SEE WE'VE COUNTED, I COUNT 26, SOME SAY 27 CARS PARKED ON THIS LOT AT ONE TIME AND WHEN THIS IS THE NIGHTMARE THE COMMUNITY HAD TO DEAL WITH FOR OVER SIX YEARS.

IN ADDITION TO THE NUMEROUS VIOLATION, THE PROPERTY WAS SUBJECT TO SIGNIFICANT NEGLECT.

THE PERIMETER FENCE WAS ALLOWED TO COLLAPSE AND ELECTRICAL UTILITY BOX EXTEND INTO THE SWALE CREATED A CLEAR SAFETY HAZARD FOR PEDESTRIANS.

ONGOING DUMPING COMBINED WITH TRASH AND THE LANDSCAPING.

A LACK OF MAINTENANCE CON HAD YOU HAD DEBRIS AND OVERGROWTH BLOCKING NEARBY DRAINAGE AND SEWER GRS LEADING TO THE FLOODING THAT YOU SEE IN THAT PHOTO.

FOR YEARS THE NEIGHBORHOOD PUT UP WITH IT NUISANCE.

AS CONDITIONS BECAME WORSE, RICHARD AND KRISTEN MOVED IN IN 2021 DIRECTLY ACROSS THE STREET AND WERE SHOCKED AT THE CONDITION OF THE LOT.

RICHARD FILED NUMEROUS COMPLAINTS WITH THE CITY, SO MUCH SO THAT THE RECEPTIONIST OF THE PARKING DEPARTMENT RECOGNIZED HIS VOICE WHEN HE WOULD CALL THE CITY, WOULD ROUTINELY CITE ILLEGALLY PARKED VEHICLES AND ISSUE FINES.

BUT THIS MEANT NOTHING TO THE OWNER.

THEY KEPT ON VIOLATING THE CODE.

IT WASN'T UNTIL 2025 THAT RICHARD AND KRISTEN DECIDED TO GO AHEAD AND TAKE ON THE FINANCIAL RISK OF PURCHASING THIS PROPERTY.

AND THEY DID SO JUST SHY OF $4 MILLION THAT DOESN'T REALLY REPRESENT FAIR MARKET VALUE.

THAT'S FAIR MARKET VALUE PLUS NUISANCE VALUE.

THAT'S WHAT THEY'RE WILLING TO PAY TO GET RID OF THIS NUISANCE.

AND IF YOU CAN IMAGINE $4 MILLION OR $2 MILLION OF CONSTRUCTION ON TOP OF THAT, NO ONE'S EVER GONNA PAY THAT AMOUNT OF MONEY.

THIS WAS TRULY THEIR LOVE GIFT TO THE NEIGHBORHOOD AND IT EXTINGUISHED THIS NUISANCE AND THE NEIGHBORS WERE VERY, VERY HAPPY TO SEE THAT HAPPEN.

THIS IS LOCATED IN THE RSS FOUR DISTRICT.

IT IS SURROUNDED BY NUMEROUS, UH, TWO STORY HOMES ON REALLY EVERY CORNER SURROUNDING THIS PROPERTY.

WHEN THE TESTERS PURCHASED IT, THEY ASKED THEMSELVES, WHAT COULD WE DO WITH THIS PROPERTY? YOU KNOW, WE EXTINGUISHED THE NUISANCE AND THAT WAS GREAT.

WE'RE PROBABLY THE MOST POPULAR COUPLE IN THE WHOLE NEIGHBORHOOD, BUT WHAT CAN WE DO? AND THANKFULLY, THEY BOTH HAVE THEIR SETS OF PARENTS ALIVE AND THE PARENT AND THE PARENTS VISIT FREQUENTLY.

SO THEY REASON THEY'RE GOING TO BE ABLE A MUCH SMALLER HOME IN ORDER TO ACCOMMODATE THE PARENTS WHEN THEY VISIT.

THEY ALSO HAVE CHILDREN AND THE CHILDREN WILL STAY THERE WHEN THE CHILDREN ARE GROWN AND COMING BACK AND VISITING, UH, RICHARD AND KRISTEN.

AND RICHARD'S AN AVID FAN OF PADELL, SO HE WOULD LIKE TO HAVE A PADELL COURT IN THE REAR YARD, WHICH IS WHAT WE ARE PROPOSING.

THE TESTERS WANT NOTHING MORE THAN LIVE IN A NEIGHBORHOOD THEY CALL HOME, HOME AND ENJOY THE NEIGHBORHOOD WITH THEIR FAMILY.

SHE IS, UH, I, I'VE HAD EITHER CONFLICTS OR SUPPORT WITH HER FOR 15 OR SO YEARS AND INGA DECIDED THAT SHE'S VERY HAPPY THAT THE NUISANCE LOT LEFT.

AS YOU CAN SEE, RICHARD, WE DEPUTIZED RICHARD TO BE OUR NEIGHBOR OUTREACH COORDINATOR AND HE WAS A GREAT CLIENT.

HE WAS LIKE THE ENERGIZER BUNNY WHEN IT COMES TO NEIGHBORHOOD OUTREACH AND HE WENT AROUND KNOCKING ON ALL THE DOORS HE COULD AND HE'S, HE EA RETAINED 13 LETTERS OF SUPPORT.

MOST IMPORTANTLY, WE HAVE SUPPORT FROM THE IMMEDIATE NEIGHBORS, ALAN KORI TO THE SOUTH AND THE NAILERS TO THE WEST.

INGA IS CATTYCORNER.

[00:45:01]

UH, BUT SHE WASN'T WILLING TO SIGN LETTER SUPPORT.

UM, BUT AS YOU CAN SEE THROUGHOUT THE SUNSET ISLAND FOUR AND THREE, RICHARD AND KRISTEN DID THEIR BEST TO KNOCK ON DOORS AND GET ALL THE SUPPORT THAT THEY COULD.

THIS IS VERY IMPORTANT.

OUR FIRM THINKS SO BECAUSE IF YOU DON'T GET NEIGHBOR SUPPORT, THINGS COULD BLOW UP AT THE HEARING AND WE ALWAYS ENDEAVOR TO TRY TO GET AS MUCH NEIGHBOR SUPPORT AS POSSIBLE IN ADVANCE OF THE HEARING.

AND THANKFULLY WITH RICHARD HELP, WE ARE ABLE TO DO SO HERE.

SO NOW I'M GONNA TURN IT OVER TO MATTHEW.

HE'S GONNA WALK YOU THROUGH HIS DESIGN FOR THE HOME.

HI, MY NAME IS MATTHEW COHEN FROM, UH, MANAGING PARTNER AT STRING DESIGN.

2,900 SOUTHWEST 28TH TERRACE, UH, SUITE 6 0 1 IN MIAMI, FLORIDA.

UH, SO WE DESIGNED A, A SMALLER BUT TASTEFUL HOME, UH, RIGHT AT THE FRONT OF THE PROPERTY TRYING TO MATCH SIMILAR SETBACKS THAT WE SAW IN THE NEIGHBORHOOD.

A NUMBER OF THE OTHER ONES NEARBY ARE AT THE 20 FOOT SETBACK.

UM, AND WE'LL SHOW THAT A LITTLE BIT FURTHER.

SO ON THE GROUND FLOOR YOU CAN SEE EVERYTHING IS PUSHED CLOSER TO UH, 22ND STREET AND WE HAVE A LIVING AREA AND DEN.

SO THIS WAY, AS MICHAEL MENTIONED, UH, RICHARD, UH, RICHARD AND KIRSTEN TESTER, WHO LIVE ACROSS THE STREET ARE ABLE TO COME.

THIS IS A PORTION OF THEIR SPACE.

UM, AND THEY WILL HAVE THIS AS THEIR KIND OF LIVING AREA RIGHT IN THIS, IN THIS PORTION.

AND THEY CAN GO AND USE THE PADEL, WHICH IS SITUATED TOWARDS THE BACK OF THE PROPERTY.

WE DID LOOK AT FLIPPING THAT, BUT IT WOULD'VE HAD A MUCH GREATER IMPACT ON THE NEIGHBORHOOD IN THAT YOU WOULD SEE, YOU WOULD NOT HAVE THE SAME CONTINUITY ALONG 22ND STREET, UH, WITH A HOUSE BROUGHT STRAIGHT TO THE FRONT.

THE SECOND FLOOR, AS MICHAEL MENTIONED, THIS IS WHERE, UH, THE, THE PARENTS OF OUR CLIENTS WOULD BE STAYING.

SO IT HAS A FULLY USABLE SPACE UP HERE IN A SMALL PRIVATE, UH, LIVING AS WELL AS A ONE BEDROOM AND BATHROOM AND A SMALL KITCHENETTE FOR THEM TO BE ABLE TO JUST HAVE THEIR OWN, UM, TO SET SOME BREAKFAST FOODS OR ANYTHING AT THAT TIME.

THIS SHOWS THE, UH, WHAT WE ARE REQUESTING AS WELL AS OUR SETBACKS.

WE COULD HAVE GONE A SIGNIFICANT BIT HIGHER FOR THIS PROPERTY, BUT WE DID WANT TO KEEP IT AT THE LOWER END OF, UM, OF THE BUILDING HEIGHT AT ABOUT 24 FOOT SIX WITH ONLY WITH THE MINIMUM FREEBOARD.

WE DIDN'T WANT TO BRING THIS AS A MASSIVE PIECE COMING TO THE COMMUNITY.

WE WANTED THIS TO REALLY FIT IN ALONG WELL WITH THE REST OF, UH, THE CONTEXT.

SO YOU CAN SEE EVERYTHING IS BROUGHT STRAIGHT TO THE FRONT.

THIS, THE STEPS IN THE FRONT DO ACTUALLY REPRESENT THE MINIMUM THAT IS NEEDED JUST TO GET TO THE FLOOD PLAIN AS WELL AS THERE IS GONNA BE SOME RAISING OF THE ROADS IN THE FUTURE.

SO THAT WOULD ALSO BE MITIGATED IN THAT TIME.

SO THIS SHOWS THE PORTION THAT IS, THAT WE ARE REQUESTING FOR THE VARIANCE THERE IS, THERE IS NO WAY TO FIT THE MINIMUM UNIT SIZE OF A HOUSE ON THIS PROPERTY, UM, WITHOUT, WITH AEL COURT AS WELL, WITHOUT HAVING A VARIANCE BECAUSE IT IS SUCH A SMALL LOT.

IT IS 60 FEET BY ONE 20 AS MICHAEL MENTIONED, WITH A ROUNDED CORNER AS WELL.

SO WITH ALL THE SETBACKS IN MIND, WE UH, WE TRIED TO, WE MAINTAINED EVERYTHING AND THE ONLY THING THAT WE HAD IS THIS ONE FRONT EXTENSION.

SO THIS SHOWS THE CONTEXT AS I MENTIONED WITH APPROXIMATE, WITH 20 FOOT APPROXIMATE, 20 FOOT SETBACK SHOWN AS WELL FROM THE AERIAL VIEW.

AND YOU CAN SEE ESPECIALLY ALONG 20, ON BOTH SIDES OF THE STREET, 22ND AND 21ST, THERE IS, UH, CONTINUITY FOR A NUMBER OF THE HOUSES.

SOME OF THEM ARE A LITTLE BIT FURTHER BACK, BUT A NUMBER OF THEM ARE SET AT THIS 20 FOOT BECAUSE THERE ARE A NUMBER OF OLDER HOMES.

SO IT DOES KEEP THAT CONTEXT.

AND SEE ALSO .

YES, MADAM CHAIR.

FIVE MINUTES WOULD BE GREAT.

THANK YOU VERY MUCH.

WHICH ACTUALLY WOULD AFFECT NEGATIVELY THE NUMBER OF THE AMOUNT OF LANDSCAPING THAT WE COULD PUT HERE.

NO, THANK YOU.

UM, WE, WE, UH, WORK TO PUT INTENSE LANDSCAPE SCREENING AROUND THIS AS WELL.

SO YOU CAN SEE EVERY SINGLE UH, PORTION OF THIS IS SCREENED WITH A A BEAUTIFUL LANDSCAPE CANOPY.

SOME OF THESE, UM, ARE 18 FOOT TALL BAY RUMS. SO IT REALLY WELL HIDES EVERYTHING HERE SIGNIFICANTLY ABOVE WHAT MIGHT BE THE MINIMUM AS A REQUIREMENT.

WE DID WANT TO OVER PUT SOME OF THAT, UH, ONE OF THE CONDITIONS THAT IS ON THERE IS FOR A SEVEN FOOT TALL WALL THAT WOULD BE AROUND, UH, THAT'S REQUESTED FOR BOTH SIDES.

WE, WE ARE OKAY WITH PUTTING A SEVEN FOOT TALL BARRIER.

WE WANTED TO, TO REQUEST THAT TO BE A FENCE.

UM, A SOLID FENCE WITH ACOUSTIC BECAUSE PUTTING A SOLID CONCRETE WALL MEANS YOU HAVE TO PUT A FOUNDATION

[00:50:01]

SO BECAUSE OF THE, THE EXTENDED FOUNDATION, A, A FENCE, UH, OR OTHER BARRIER WITH ACOUSTIC TREATMENT THAT IS SOLID WOULD ACTUALLY DO A BETTER JOB OF, UH, ALLOWING OUR LANDSCAPE SCREENING.

SO THESE ARE SOME, UH, SOME IMAGES OF TYPICAL PADELL COURTS THAT HAVE THE GLASS AND UH, IT HAS A HIGHER PORTION AT THE END.

WE ARE NOT REQUESTING THAT WE ARE KEEPING EVERYTHING AT THE 10 FOOT TO KEEP EVERYTHING AT, UM, THE CODE REQUIREMENT TO BE ALLOWED TO DO THE SETBACK, TO KEEP EVERYTHING AT THAT SEVEN FOOT SIX SETBACK IN THE REAR YARD.

UM, SO WE DID TRY AND KEEP IT LOWER.

YOU CAN SEE HERE'S SOME IMAGES OF THE HOME.

IT IS NOT A ACCESSORY STRUCTURE.

THIS IS A BEAUTIFULLY WELL-DESIGNED, ELEGANT HOME THAT HAS LOUVERS, IT HAS ROUNDED CORN, IT ADDRESSES THE ROUNDED CORNER AND WE WANTED TO BRING THAT, UH, THROUGHOUT WITH AGAIN, TASTEFUL LANDSCAPING PLANTERS THAT ARE, UH, CASCADING OVER THE TOP.

THIS IS MEANT TO BE AN ENHANCEMENT AND SOMETHING THAT WE'RE HAPPY TO BRING TO THE NEIGHBORHOOD WITH AN A GREAT DESIGN.

AND THE TESTERS ARE AS WELL EXCITED ABOUT THIS.

GREAT, THANK YOU VERY MUCH MATTHEW.

SO WITH REGARD TO THE VARIANCE, WHEN YOU HAVE A TWO STORY HOME, THE FIRST STORY CAN BE AT 20 FEET.

THE SECOND STORY UNDER THE CODE SHOULD BE SETBACK AN ADDITIONAL 10 FEET.

WHAT WE'RE REQUESTING IS A VARIANCE TO HAVE THE SECOND STORY BE CO-EXTENSIVE WITH THE FIRST STORY AND BE AT 20 FEET BASED ON THEIR REGULAR SHAPE OF THE PROPERTY.

THE EXPANSIVE SIDE YARD SETBACK ALONG OUR EASTERN BOUNDARY.

THE DESIRE TO HAVE A PADDLE BALL COURT ALL COMBINED TO CREATE A PRACTICAL DIFFICULTY THAT WOULD WARRANT THE GRANT OF THIS REQUESTED VARIANCE.

AND IF YOU LOOK AT THE NATURE OF THE REGULATION IN MIAMI BEACH, WE'RE KNOWN TO HAVE VERY LARGE NEW MODERN HOMES.

SO THE IDEA OF THE SINGLE FAMILY REGULATIONS IS TO BREAK DOWN THE MASSING OF THESE HOMES.

HERE.

THIS IS A, THIS IS A HOME ON A 60 FOOT LOT.

IT COULD BE HARDLY CONSIDERED A MCMANSION, NOT EVEN A MC IGLOO.

IT IS A VERY SMALL HOME.

AND THEREFORE I THINK THAT THIS REGULATION REALLY DOES IS INAPPLICABLE BASED ON, YOU KNOW, THE SIZE OF THE HOME.

THE, AND THE CODE IS VERY PRESCRIPTIVE.

LIKE IN OTHER INSTANCES, IF YOU HAVE A SIDE ELEVATION THAT EXCEEDS 60 FEET IN LENGTH, YOU HAVE TO CREATE AN OPEN SPACE, A COURTYARD TO BREAK IT UP.

I UNDERSTAND THE PURPOSE OF THESE REGULATIONS WHEN IT COMES TO BREAKING DOWN MASS, YOU KNOW, LARGER HOMES.

BUT THIS HOME HONESTLY COULD BE THE FUNCTIONAL BEDROOM OF THE HOME THAT YOU APPROVE FOR KEN GRIFFIN A FEW MONTHS AGO.

IT'S A VERY SMALL HOME.

WHAT THIS BOILS DOWN TO, WHEN SOMEONE INVOKES A PRACTICAL DIFFICULTY STANDARD, YOU ASK YOURSELF WHAT WILL BE CONSTRUCTED AND WILL BE COMPATIBLE WITH SURROUNDING NEIGHBORHOOD.

AND IF YOU LOOK AT THE HOME AND THE WONDERFUL JOB THAT MATTHEW'S FIRM HAS DONE, THIS ABSOLUTELY FITS INTO THE SURROUNDING NEIGHBORHOOD WHERE ALL THE OTHER TWO STORY HOMES ARE AT THE 20 FOOT MARK.

FOR THE FIRST.

AND FOR THE SECOND STORY, RICHARD HAS BEEN VERY SERIOUS, NOT ONLY IN HIS NEIGHBOR OUTREACH, BUT ASKING US TO PROFFER CONDITIONS, WHICH WE DID RIGHT AWAY.

STAFF ACCEPTED THOSE CONDITIONS, INTEGRATED THEM INTO THE ORDER, AND THEN STAFF ADDED THEIR OWN CONDITIONS, WHICH WE HAVE ACCEPTED.

NOW THERE'S MY COLLEAGUE MARK PASSED OUT TO YOU A HANDOUT.

THE FIRST ONE IS THAT WE WANT, WITH CONDITION NUMBER FIVE, WE'RE REQUESTING SOME FLEXIBILITY WITH REGARD TO, INSTEAD OF A SOLID WALL, COULD WE HAVE A FENCE WITH NOISE ATTENUATING MATERIAL.

UM, WE TALKED TO RA ABOUT THAT AND I DON'T THINK THAT HE OBJECTS TO THAT MODIFICATION REQUEST.

'CAUSE THE POINT IS NOISE ATTENUATION, HOWEVER YOU ACHIEVE IT.

THE SECOND, UH, THIS IS THE HOURS OPERATION ONE THAT MICHAEL BROUGHT UP EARLIER THAT WE ARE ASKING FOR AN EARLIER CLOSING TIME.

WE ORIGINALLY HAD BEEN A LITTLE BIT LATER, UM, NOT LATER THAN WHAT STAFF WAS RECOMMENDING BEFORE THAT.

BUT THEN ALAN KORI AND THE NAILERS GOT TOGETHER, CAME TO US AND SAID, GUYS, WE REALLY WOULD PREFER IF YOU SHUT DOWN AT 8:00 PM AND WE IMMEDIATELY AGREED TO THAT.

SO WE'RE ROLLING IT BACK TO 8:00 PM THAT IS REFERENCED IN THE MODIFIED CONDITION.

AND THEN WE REVIEWED THE CONDITION AND THE OTHER APPLICATION Y'ALL PREVIOUSLY CONSIDERED WITH REGARD TO LIGHTING, AND RICHARD AGREED THAT HE COULD HAVE THE LIGHTING THAT'S AT THE INDIAN CREEK COUNTRY CLUB.

HE THINKS THAT'S FAIR.

IT'S BETTER FOR THE NEIGHBORHOOD.

SO WITH THAT, I'D JUST LIKE TO TURN OVER TO RICHARD TESTER JUST FOR TWO MINUTES, MADAM CHAIR, AND HAVE HIM SEE.

I'D LIKE TO MAKE SOME REMARKS TO YOU ALL.

I'LL GIVE YOU THREE MINUTES.

THANK YOU, MADAM CHAIR.

OPPOSITE AS REALLY WAS A BURDEN ON OUR LIFE AS THEY DESCRIBED THE TRUCKS, THE TRASH, THE TRAFFIC.

AND, UH, THANK YOU EVERYONE FOR TAKING THE TIME TO, UH, HEAR THIS, UH, TODAY.

UM, SO MY NAME'S RICHARD TESTER.

UM, I'VE LIVED ON MIAMI BEACH FOR 22 YEARS, ALONG WITH MY WIFE AND, UH, THREE KIDS.

UH, I'VE OWNED TWO BUSINESSES ON MIAMI BEACH AND ACTUALLY HAD AN OFFICE JUST ACROSS THE STREET ON 1618 MERIDIAN FOR, FOR, FOR MANY YEARS AS WELL.

UH, I THINK THE TEAM HAVE DONE A GREAT JOB OF EXPLAINING THE SITUATION.

WE BOUGHT THE HOUSE, UH, OPPOSITE ON SUNSET ISLAND AND HAVE LIVED THERE FOR THE LAST FIVE YEARS.

THIS TRULY, THIS LOT

[00:55:01]

IT WAS, IT WAS, IT WAS, IT WAS A NIGHTMARE AND REALLY DID IMPACT OUR LIFE AND THAT OF OUR NEIGHBORS.

AND THAT'S WHY WE PURCHASED A LOT.

AND THEN WE HAD TO FIGURE OUT, FIGURE OUT WHAT WE WOULD DO WITH THE LOT.

AND AGAIN, THE BEST USE FOR IT FOR US IS OUR PARENTS ARE GETTING ON IN AGE.

THEY LIVE IN EUROPE.

WE'D LIKE THEM TO BE ABLE TO COME AND STAY FOR LONGER AND HAVE THEIR OWN, UM, ENVIRONMENT AND THEIR OWN SPACE.

AND THAT'S WHY WE'RE GONNA BUILD A HOUSE.

AND AT THE SAME TIME, I'D LIKE TO PUT THE PADDLE COURT IN THE BACK SO WE CAN PLAY, YOU KNOW, A FEW TIMES, UH, A FEW TIMES A WEEK.

SO I THINK, YOU KNOW, WE'VE BEEN EXTENSIVE IN THE NEIGHBORHOOD, UH, OUTREACH.

WE'VE COLLABORATED WITH ALL OF THE NEIGHBORS.

WE'VE LISTENED TO WHAT THEIR QUESTIONS WOULD BE, WHAT THEIR CONCERNS.

I'VE NOT HEARD ANY OBJECTION WHATSOEVER.

INDEED, THE NEIGHBORS HAVE BEEN HIGHLY SUPPORTIVE OF THIS BECAUSE THEY'VE LIVED THROUGH THE SAME, UH, CONDITIONS OF THAT LOT FOR THE LAST SIX YEARS.

SO I THINK WE'VE DONE EVERYTHING WITHIN OUR POWER.

AND AGAIN, REALLY HOPE THAT YOU, UH, THAT YOU CAN GRANT THE, UH, THE VARIANCE.

I THINK WE MAY HAVE ROSS ON.

THAT CONCLUDES OUR PRESENTATION.

I THINK I .

SO THANK YOU MADAM CHAIR, BOARD MEMBERS.

WE'RE ALL AVAILABLE FOR YOUR QUESTIONS, AND I THINK WE HAVE SOME SUPPORTERS ONLINE, PUBLIC COMMENT.

, IF YOU'RE, IF YOU'RE ONLINE AND YOU'D LIKE TO SPEAK, PLEASE RAISE YOUR HAND.

I DON'T HAVE TWO, I ONLY SEE TWO NAMES ONLINE, BUT NOBODY'S RAISING THEIR HAND AT THE MOMENT.

OH, OKAY.

SOMEBODY JUST RAISED THEIR HAND.

ROSS DEVORE.

HI THERE, CAN YOU HEAR ME? YES.

GOOD MORNING.

UH, ROSS, UH, BEFORE WE PROCEED WITH THE, WITH YOUR TESTIMONY, I NEED YOU TO, UH, 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'LL SET THE CLOCK FOR TWO MINUTES FOR YOU TO ADDRESS THE BOARD.

GREAT.

UH, APPRECIATE THE, UH, OPPORTUNITY TO ADDRESS THE BOARD IN SUPPORT OF OF, OF RICH AND HIS FAMILY.

UH, MY NAME IS ROSS DEVOUR.

I LIVE AT 1630 WEST 21ST STREET, SO RIGHT AROUND THE CORNER ON SUNSET FOUR.

UH, SO, UM, I'VE HAD THE PLEASURE OF KNOWING RICH FOR, FOR A NUMBER OF YEARS, AND, UH, WENT THROUGH A BUILD PROCESS ON OUR OWN AND, AND A VARIANCE PROCESS ON OUR OWN.

SO, SO VERY FAMILIAR WITH THIS.

I THINK THE, A COUPLE, COUPLE POINTS JUST IN SUPPORT OF, OF THIS EFFORT, NUMBER ONE, YOU KNOW, THIS IS THE TYPE OF PROJECT THAT WE, IN THE COMMUNITY AND MY FAMILY AND I KNOW OTHER NEIGHBORS AROUND, WE, WE WANT TO SEE THIS INVESTMENT OF QUALITY, TASTEFUL, YOU KNOW, INVESTMENT IN THE NEIGHBORHOOD, UH, FROM A PHYSICAL STRUCTURE STANDPOINT AND FROM A COMMUNITY STANDPOINT OF, I KNOW OUR KIDS ARE FRIENDS.

YOU KNOW, WE WANT, I WANT TO HAVE MY KIDS OUT THERE LEARNING TO, TO PLAY PADDLE AND TO HAVE MORE REASONS TO GET TOGETHER.

SO JUST STRUCTURALLY AS A RESIDENT, AS A NEIGHBOR, THIS IS THE TYPE OF INVESTMENT THAT I, I WANT TO SEE HAPPEN.

AND I WANT, HOPEFULLY TO HAVE OUR PUBLIC OFFICIALS AND, AND BOARD SUPPORT.

UM, AND, UH, I KNOW I GOT THE SAME TYPE OF SUPPORT WHEN I WENT THROUGH MY VARIANCE PROCESS IN MY BUILD.

I THINK THE SECOND THING, UM, UH, YOU KNOW, ALONG WITH THAT, WHICH RICH ALLUDED TO WAS THIS WAS, THIS WAS A VACANT LOT.

THIS WAS, YOU KNOW, A BLIGHT, UH, ON, ON THE NEIGHBORHOOD.

AND, YOU KNOW, IT, IT, IT DOES TAKE A LOT OF WILL AND COURAGE AND, AND, AND MONEY AND TIME AND EFFORT FOR, FOR SOMEONE LIKE RICH TO BITE THIS OFF, UH, AND, AND INVEST IN THE COMMUNITY IN THE, IN THE ISLAND, UH, AND, AND, AND DO THIS.

AND SO, UH, YOU KNOW, I I WOULD HOPE THAT THAT IS, YOU KNOW, VERY MUCH NOTED THAT WE DON'T, WE DON'T WANT TO GO BACK TO EMPTY LAWS.

WE DON'T WANT TO GO BACK TO, YOU KNOW, SMALL VARIANCES, BLOCKING, YOU KNOW, REAL INVESTMENT IN THE COMMUNITY AND THE NEIGHBORHOOD.

UM, AND SO, UH, YOU KNOW, I THINK, YOU KNOW, I DON'T NEED TO SPEAK ON THE STRUCTURE ITSELF OR, OR, OR THE, OR THE, OR THE USE.

BUT I, I CAN TELL YOU THERE'S A PERSONAL ELEMENT HERE.

AND THAT'S, AND THAT'S REALLY MY LAST POINT IS, YOU KNOW, THIS IS A FAMILY.

THIS IS NOT A FLY BY NIGHT.

BUY A HOME, NEVER COME TO MIAMI, TRY TO BUILD SOMETHING GOUTY AS A, AS A STATUS SYMBOL.

UH, RICH AND HIS FAMILY ARE GREAT AND WE ARE REALLY GOOD FRIENDS WITH THEM.

AND THIS IS, YOU KNOW, SOMETHING THAT IS VERY MEANINGFUL AND PERSONAL, UH, TO ALL OF US AND IS A PERSONAL EFFORT BEHIND.

SO I JUST AS A TESTAMENT TO CHARACTER AND THE PEOPLE BEHIND THIS, UM, YOU KNOW, I JUST WANT TO AFFIRM MY FULL SUPPORT AND, AND HOPE WE GET THERE TO THE RIGHT ANSWER ON THIS.

IF ANYBODY THERE, THERE'S ONLY ONE OTHER PERSON WHICH IS EMRO, BUT THE HAND IS NOT RAISED.

UM, SO I DON'T KNOW IF, IF YOU KNOW THE NAME OF WHOEVER ELSE IS SUPPOSED TO SPEAK OR I THINK WE HAVE MICHAEL GENOA ON THE LINE.

IS IT THAT NO TEXT? UM, THAT'S OKAY.

WELL, OKAY.

WE'VE DONE OUR BEST.

ALRIGHT, I CLOSE TO PUBLIC COMMENT.

ANY QUESTIONS FROM THE BOARD CHAIR? I HAVE A QUESTION.

DO I HAVE A QUESTION? OH, GO AHEAD.

I DON'T KNOW.

I'M SORRY.

I HAVE A QUESTION FOR MR. THE

[01:00:01]

TESLAS.

COULD YOU COME UP, COULD YOU TELL ME, COULD YOU TELL ME IF YOU OWN ANY PROPERTIES ADJACENT TO THIS PROPERTY? Y YES, EXACTLY.

YEAH, WE, WE OWN THE, UH, THE PROPERTY OPPOSITE THAT, THAT, THAT'S EXACTLY WHY THIS IS ACROSS THE STREET.

YES, EXACTLY.

16, 17 WEST 22ND, RIGHT.

TWO EAST, CORRECT? UH, YES.

YEAH, IT'S OPPOSITE.

IT SORT OF OVERLAPS.

YEAH, NUMBER FOUR ON NUMBER FOUR.

SO THAT'S STAFF'S RECOMMENDATIONS.

AND IT'S THE RECOMMENDATIONS OF THE PLANNING DEPARTMENT.

I WOULD LIKE TO KNOW THAT TO BE CONVEYED AGAIN.

YEAH, SO, SO THE PLANNING DEPARTMENT RECOMMENDS THAT THE ITEM BE CONTINUED BECAUSE STAFF FEELS, UM, THAT THE, THAT THE SIZE OF THE HOME RELATIVE TO THE SIZE OF THE PADDLE COURT RESULTS IN THE PADDLE COURT BEING A MORE IMPORTANT STRUCTURE THAN THE HOME ITSELF.

THAT THE, THAT THE HOME SHOULD BE THE PRIMARY USE AND SHOULD BE THE PRE PREEMINENT STRUCTURE ON THE SITE.

UM, SO STAFF RECOMMENDS IT BE CONTINUED FOR THE PURPOSES OF WORKING WITH THE APPLICANT TO SEE IF THERE'S A WAY PERHAPS THE HOME CAN CANTILEVER SOMEWHAT OVER THE LOT, OVER THE, OVER THE COURT OR SOMETHING ELSE BE DONE SO THAT THE HOME BECOMES THE PRIMARY STRUCTURE.

WE DON'T HAVE A MAJOR ISSUE WITH THE PADDLE COURT ITSELF.

THAT'S WHY WE INCLUDED DRAFT CONDITIONS IN CASE THE BOARD WISHES TO APPROVE, UM, THE VARIANCE, UM, WITH, WITH CONDITIONS THAT WE FEEL WOULD, WOULD MITIGATE THE ISSUES OF THE VARIANCE.

UM, BUT, SO THAT'S WHY STAFF STAFF'S RECOMMENDATION IS TO CONTINUE TO A FUTURE MEETING AT THIS POINT.

LAW OR SOMETHING THAT'S BEING PRESENTED TO US, IT'S USED, THERE'S NO CASE LAW, THERE'S NO CODE STANDARD.

ANY OTHER QUESTIONS? UH, SO THE, SO THE, AS IT AT IT, AS IT'S DESIGNED NOW, THE, THE PADDLE COURT MEETS THE REQUIREMENTS, THE TOTAL, CORRECT? CORRECT.

UM, SO THAT I UNDERSTAND STAFF'S POSITION ABOUT PRIMARY USE, WHAT IS THAT BASED ON? IS THAT BASED ON THE SQUARE FOOTAGE? LIKE, I DON'T KNOW WHAT THE TERM IS, LIKE MASSING OR CUBIC FOOTAGE OR LIKE, 'CAUSE THIS IS JUST LIKE ONE FLAT THING WITH LIKE SOME WALLS VERSUS LIKE A HOUSE.

UM, YOU DON'T SLEEP ON THE PADDLE CORD, YOU SLEEP IN THE HOUSE.

SO LIKE HOW DO YOU EVALUATE AND DETERMINE LIKE THE PRIMARY USE OR, OR, OR THIS ISSUE THAT'S BEING RAISED? GENERALLY IT'S, IT'S BY, BY THE SIZE OF THE USE COM COMPARING ONE USE TO THE OTHER AND WHICH, WHICH OCCUPIES MORE OF THE, OF THE SQUARE FOOTAGE.

UM, IN THIS CASE, IF YOU LOOK AT THE FOOTPRINT, THE FOOTPRINT OF, UM, OF THE HOME IS SMALLER THAN THE FOOTPRINT OF THE PADDLE COURT.

UM, THE, UM, THE, THE TOTAL TOTAL SQUARE FOOTAGE YOU, WHEN YOU SAY THAT OR JUST THE SQUARE FOOTAGE OF THE, THE, UM, FOOTPRINT BRACE? THE BASE OF THE FOOTPRINT, YEAH.

OF THE BASE, YES.

THE FOOTPRINT OF THE HOME.

SO THE ANSWER IS FOOTPRINT.

THE FOOTPRINT IN THIS CASE, YES.

UM, THE, THE HOME DOES MEET THE MINIMUM UNIT SIZE REQUIREMENT, WHICH IS 1800 SQUARE FEET, BUT IT'S JUST EVER SO SLIGHTLY ABOVE THAT.

UM, AND, AND THE HOME, IF THE PADDLE COURT WERE NOT THERE, THE, A HOME COULD BE BUILT ON THE SITE THAT COMPLIES, UM, WITH THE SETBACK REQUIREMENTS.

SO, MADAM CHAIR, TO ADDRESS THIS QUESTION ABOUT PROPORTIONALITY, YOU KNOW, IF THIS WAS, UH, A GIANT POOL, LET'S SAY WITH A SIZABLE OUTDOOR HOT TUB AND AN OUTDOOR BAR COUNTER WITH 60 BAR STOOLS, THEN I THINK THERE WOULD BE SOME CAUSE FOR CONCERN ABOUT PROPORTIONALITY.

'CAUSE OBVIOUSLY IT'S GONNA BE BUILT TO BE A PARTY HOUSE RENTED OUT FOR PARTIES, RIGHT? THAT'S NOT THE CASE HERE.

THERE ARE NO REGULATIONS FOR PROPORTIONALITY IN THE SINGLE FAMILY ZONING DISTRICTS.

THERE ARE, LIKE SAY IN THE RM THREE DISTRICT, WHEN YOU'RE TALKING ABOUT A HOTEL RIGHT NOW, THERE'S A RESTRICTION.

IT SAYS NO MORE THAN 35% OF THE FLOOR OF A HOTEL CAN BE ACCESSORY USES.

THAT MAKES SENSE.

BUT HERE, I THINK SINGLE FAMILY HOMEOWNERS HAVE TO HAVE SOME FLEXIBILITY IN TRY AND INTEGRATE ACCESSORY USES WITH THEIR MAIN USE.

AND IF YOU LOOK AT HOW THESE ELEMENTS WITHIN THE PROPERTY ARE GONNA BE USED, THE HOME'S GONNA BE USED MUCH MORE THAN THE PADELL COURT.

THE HOME WILL BE ACTUALLY THE DRIVING FORCE BEHIND WHAT IS BEING USED IN THIS PROPERTY AS, AS ATHLETIC AS MR. TESTER IS.

HE'S NOT GONNA BE PLAYING PADELL EVERY DAY YET THE HOME WHEN THE PARENTS ARE HERE AND THE CHILDREN HERE WILL BE USED EVERY DAY.

SO I THINK THAT THE TRUE TEST FOR PROPORTIONALITY IS THE INCIDENCE OF USE.

WHAT IS GONNA BE USED MORE.

AND HERE IT CLEARLY IT'S GONNA BE THE SINGLE FAMILY HOME.

UM, YEAH, YEAH.

SO WE HAVE THE APPLICANT'S ATTORNEY TELLING US WHAT THE, THE, HOW TO EVALUATE THE STANDARD, AND WE HAVE STAFF GIVING US A DIFFERENT, UM, FORMULA.

UM, ONE IS USE AND ONE IS FOOTPRINT.

SO I'M, I'M GONNA, I'M GONNA DEFER TO STAFF ON HOW TO EVALUATE THINGS HERE.

UNLESS THERE'S CASE

[01:05:01]

AND, AND, AND, AND THE OTHER THING I WOULD SAY IS THAT, YOU KNOW, SITTING HERE LISTENING AND, AND DIGESTING EVERYTHING I'VE HEARD FROM PEOPLE WHO ARE SWORN IN THIS AND THAT I, I HAVEN'T HEARD HOW FREQUENTLY THE, THE, THE PARENTS VISIT AND, AND, BUT WE'RE BEING ASKED BY COUNSEL TO USE, USE AS THE STANDARD.

AND SINCE WE'VE BEEN PROVIDED NO EVIDENCE IN HOW OFTEN THE GRANDPARENTS COME AND ACTUALLY SLEEP IN THAT HOUSE OR WILL IN THE FUTURE.

AND WE'VE ACTUALLY HEARD THAT THIS IS A GREAT COURT FOR THE COMMUNITY TO USE AND FOR, UM, A REASON I THINK WAS THE WORD FOR FRIENDS TO COME OVER AND SPEND MORE TIME TOGETHER.

UM, IF I'M GONNA GO ON YOUR STANDARD AND APPLY THE FACTS THAT HAVE BEEN PRESENTED, UM, IT SOUNDS LIKE IT WOULD BE USED MORE THAN THE HOUSE.

THAT'S JUST HOW I, THAT'S, THAT'S WHAT I'M HEARING.

NO, THAT HOUSE WOULD BE USED MORE THAN PATEL COURT.

I'M NOT SAYING ARGUMENT OF COUNSEL, I'M SAYING FACTS PRESENTED AS, AS OUR CLIENT HAD MENTIONED, UH, THEIR PARENTS LIVE OVERSEAS IN EUROPE.

SO WHEN THEY COME, IT'S NOT FOR A WEEK OR THREE DAYS.

THEY COME FOR A COUPLE MONTHS AT A TIME.

SO, UH, THAT IS THE MAJORITY OF THE YEAR.

IT'S FULLY IN USE FOR THAT, UH, FOR THE INTENDED USE OF SINGLE FAMILY RESIDENTS.

LEMME ASK A QUESTION AND JOHNNY, UM, SO STAFF IS RECOMMENDING THAT YOU THINK ABOUT POTENTIALLY CHANGING THE DESIGN TO MAKE IT MORE PROPORTIONAL IN THEIR VIEW.

I MEAN, HA HAVE YOU THOUGHT ABOUT THAT? LIKE, SO IS, I MEAN, IS THAT POSSIBLE? I MEAN, I'M JUST WONDERING HOW MUCH OF A HARDSHIP THAT WOULD BE TO THE APPLICANT AND, YOU KNOW, IF THAT IS A RESOLUTION THAT MAKES EVERYBODY HAPPY IN THIS SITUATION OR, YOU KNOW, HOW, HOW DIFFICULT THAT IS.

I'M HAPPY TO SPEAK TO THAT.

SO, UM, FOR ONE THING, AS I MENTIONED, THE, WE KEPT THIS BUILDING SMALLER.

WE KEPT IT TO 24 FOOT SIX.

IT COULD REALLY, WITH USE OF FREEBOARD AND THE MAXIMUM HEIGHT GO UP TO ABOUT 32 FEET, 33 FEET.

UH, AND TO DO THAT, WE WOULD HAVE TO TAKE THAT EXTRA HEIGHT IN ORDER TO MAKE THE COURT USABLE BY CANTILEVERING IT OVER.

SO THEN IT WOULD BE, UH, ALMOST THE MCMANSION ALIGHT ON THAT, UH, AN OVERBEARING PRESENCE ON THE STREET BY PUTTING IT SIGNIFICANTLY LARGER TO CANTILEVER.

WE WERE TRYING TO KEEP IT MORE IN CONTEXT WITH EVERYTHING.

SO YES, IT'S POSSIBLE, BUT IT REALLY CREATES MUCH, MUCH MORE DIFFICULTY FOR THE COMMUNITY.

AND THE CODE ACTUALLY SAYS 20 FOOT SETBACK FOR A A ONE STORY, 40 FOOT.

IF YOU HAVE THAT, UH, A TWO STORY ELEMENT OF THAT.

SO THERE WOULD BE VERY, VERY LITTLE, IF ANY OVERLAP, YOU WOULD HAVE ONE PORTION STICKING OUT HERE AND THE SECOND PORTION STICKING OUT SIGNIFICANTLY OVER THE COURT, MAKING IT ALMOST UNUSABLE AND VERY DARK TO ACTUALLY BE A PART OF.

SO WE THOUGHT THE DESIGN OF THIS IS SIGNIFICANTLY NICER, TASTEFUL FOR THE NEIGHBORHOOD.

AND TO DO SOMETHING AS THEY'RE SUGGESTING WOULD A, MAKE EVERYTHING SIGNIFICANTLY LARGER AND FEEL OVERBEARING AS WELL AS, UM, YOU'D HAVE TO OFFSET EVERYTHING SIGNIFICANTLY AND HAVE KIND OF A, A Z SHAPE OF A HOUSE, WHICH IS, IS NOT, IS NOT AS NICE AND MAKES THE COURT VERY DIFFICULT TO USE DUE TO SOMETHING ABOUT 9, 10, 11 FEET ABOVE YOUR HEAD.

AND THEN I JUST HAVE ONE OTHER QUESTION THAT MAYBE VISUALLY I CAN SEE IT, BUT I'M JUST GONNA ASK IT.

UM, IF YOU HAD A DIFFERENT, UH, IF YOU MOVE THE, SAY YOU MOVED THE, THE COURT, I DON'T KNOW IF IT'S POSSIBLE, COULD YOU MOVE THE COURT BACK AND BUILD A BIGGER, LIKE A SLIGHTLY LARGER HOUSE AND STILL HAVE THE 20 FOOT SETBACK IN THE FRONT? I GUESS IS IS JUST A, JUST A QUESTION.

I DON'T KNOW IF THAT WOULD, HOW, HOW THAT WOULD CHANGE IS THE POSITION OF THE COURT AND WHERE YOU WANT IT, UM, BECAUSE OF SETBACKS THAT MAY BE IN THE REAR.

IS THAT HAMPERING BUILDING THE HOUSE? NO, WE'VE PUT, WE'VE PUSHED THE, UM, THE COURT AS FAR TO THE REAR AND SIDE INTERIOR SIDE SETBACK AS POSSIBLE, UH, IN ORDER TO, UH, TO RESPECT THAT AND GIVE AS MUCH SPACE FOR THE HOUSE AS WE COULD.

'CAUSE THE CLIENTS WANT A FULL USABLE, THEY WANT THAT HOME TO BE A USABLE SPACE THAT IS A RESIDENCE.

SO, WELL, WHAT IS THE REAR SETBACK? SEVEN AND A HALF FEET.

GI YOU KNOW, GIVEN OUT AND STUFF LIKE THAT.

FOR A COURT GAME, IF WE SWAPPED IT, IT WOULD BE ABOUT A 20 FOOT SETBACK FOR, UH, THE ACTUAL HOUSE.

SO IT, IT WOULDN'T, NOTHING WOULD FIT AT THAT POINT TO BE ABLE TO PUT THAT.

THIS IS A ONE BEDROOM HOUSE, CORRECT? CORRECT.

THIS IS A ONE BEDROOM HOUSE.

CORRECT? MADAM CHAIR? THE CONCERN I, I'M SORRY, GO AHEAD.

MY CONCERN IS THIS, THIS VARIANCE GOES WITH FOREVER.

SO AT SOME POINT, ONE EXPLANATION WAS THAT IT WAS FOR YOUR PARENTS, RIGHT? CORRECT.

AND THEIR ELDERLY PARENTS.

I'M ELDERLY NOW, .

SO I BUILT A THREE STORY HOUSE ON THE BEACH AND I HAVE TO WALK UP THREE FLIGHTS OF STEPS AND MY KNEES ARE

[01:10:01]

SO AT SOME POINT IT'S NOT GONNA BE FOR THE PARENTS ANYMORE.

IT'S GONNA BE A GUEST HOUSE OR A A HOUSE FOR THE KIDS WHEN THEY GROW UP.

WHO KNOWS? OKAY.

THE QUESTION IS, AT SOME POINT YOU MAY NOT BE LIVING ON SUNSET ISLAND 20, 30 YEARS FROM NOW.

I'VE BEEN IN MY HOUSE 48 YEARS.

SO, YOU KNOW, IT'S A LITTLE DIFFERENT.

UM, I JUST LOOK AT THE, THE LONGEVITY OF THIS PROPERTY AS A ONE BEDROOM HOUSE.

THAT'S MY CONCERN.

BUT JIM, JUST JUST NOTE THAT, YOU KNOW, AS ATHLETIC AS MR. TESSER IS, AT SOME POINT HE'S GONNA STOP PLAYING PADEL AND THE PADEL COURT COULD BE REMOVED IN THE FUTURE, AND THEN YOU COULD HAVE AN ATTACHED ADDITION TO THE HOME TO EXPAND THE NUMBER OF BEDROOMS. SO IT'S WHAT IS BEST FOR HIS FAMILY NOW.

BUT IT'S NOT, I UNDERSTAND WHAT YOU'RE SAYING, BUT THE GRANTS OF THE VARIANCE NOW DOES NOT PRECLUDE A FUTURE EXPANSION OF THIS HOME.

UH, AND I VERY MUCH HATE THAT I'LL BE LIVING IN THE HOUSE IN 40, 48 YEARS AS WELL, UH, ACROSS THE STREET.

UM, OUR, WE'RE FORTUNATE THAT OUR PARENTS ARE IN REASONABLE HEALTH RIGHT NOW, SO WE WILL BE ABLE TO, YOU KNOW, WALK UP THE STAIRS TO USE THE BEDROOM.

OF COURSE, YOU KNOW, THINGS DO HAPPEN AS PEOPLE GET OLDER.

AND SO OUR PLAN ULTIMATELY IS OUR KIDS WILL GO AWAY TO COLLEGE WHEN THEY COME BACK FROM COLLEGE THAT THEY'LL THEN USE THE HOUSE.

SO THAT'S, WE'RE THINKING VERY LONG TERM ABOUT THIS PROJECT.

WE WOULDN'T INVEST ALL THE MONEY THAT WE HAVE IN PURCHASING THE LOT AND THEN BUILDING THE HOUSE ON IT IF WE WEREN'T THINKING REALLY, REALLY LONG TERM.

AND AGAIN, I VERY MUCH HATE WITH A HEARING IN 48 YEARS TIME.

SO I VERY MUCH APPRECIATE YOUR COMMENTS.

UM, MAD CHAIR.

ANY OTHER QUESTIONS, MADAM CHAIR? UM, SO I'M GONNA GIVE A DIFF DIFFERENT TWIST, KIND OF PUT MY BANKER HAT ON.

UM, AND THANK YOU MR. MR. ESTON FOR COMING IN.

'CAUSE A LOT OF TIMES WHEN WE'RE DEALING WITH THESE HIGH NET WORTH, YOU KNOW, HOUSES AND CLIENTS, THEY DON'T SHOW UP.

SO I APPRECIATE YOU COMING IN AND TAKING THE TIME TO COME IN, BUT I'M GONNA GIVE A DIFFERENT TWIST.

UM, IF, IF, YOU KNOW, THEY MADE 14, ROUGHLY 13 PLUS THIS, I MEAN, THEY'VE MADE A SIGNIFICANT INVESTMENT IN THEIR PRIMARY RESIDENCE, UM, AND THE HOUSE ACROSS THE STREET, UM, THEY'RE, THEY'RE GETTING RID OF A PROBLEM.

UM, AND IN ESSENCE, THE WAY I LOOKING AT IT FROM A BANKER STANDPOINT, I, YOU KNOW, I DO A LOT OF RESIDENTIAL CONSTRUCTION LOANS.

THEY'RE REALLY WHAT THEY'RE DOING.

IT'S NOT FOR THE MONEY, BECAUSE THAT'S GOING TO THE VALUE OF THAT HOUSE.

YOU KNOW, LET'S JUST SAY THEY, THEY'RE NOT, THEY, THEY MOVE AWAY FROM THEIR HOUSE AND THEY DON'T NEED THAT HOUSE ANYMORE.

WHO'S GONNA BUY THAT HOUSE? IF ANYTHING, IT'S GONNA BE WORTH LESS, RIGHT? SO, SO THE INTENT IS, IS REALLY WHAT I, I WANTED JUST TO SPEND A TALK ABOUT IN, UM, QUALITY OF LIFE AND HAVING IT THERE.

AND YOU HAVE YOUNG KIDS AND THEY'RE GONNA, YOU KNOW, I'VE BEEN THERE, DONE THAT, AND THEY'RE GONNA COME BACK AND YOUR, YOUR PARENTS WILL COME THERE FREQUENTLY.

YOU'RE NOT GONNA BE ABLE TO SELL THAT HOUSE.

SO THEY'RE, THEY'RE REALLY GIVING UP MONEY.

'CAUSE THEY CAN REALLY, COULD HAVE BOUGHT THAT LOT, BUILD A SPEC HOME AND BUILT TO THE MAX THAT THEY COULD WITH NO VARIANCE AND SELL IT TO SOMEONE ELSE.

SO, SO THAT'S WHAT'S REALLY DRIVING ME IS, IS, UM, AND, AND ALSO, AND I ALWAYS SAY THIS, I'VE SAID THIS ALMOST EVERY MEETING, UM, THIS WAS NOTICED.

EVERYONE WITHIN THE PERIMETER GOT A NOTICE.

NOT ONE PERSON IS HERE.

NOT ONE PERSON HAS CALLED.

UM, AND I UNDERSTAND STAFF'S CONCERNED.

UM, BUT I, I REALLY AM LEANING TOWARDS, I DON'T HAVE AN ISSUE WITH IT ONLY BECAUSE IT MAKES SENSE.

AND I, AND, AND, AND BY THE WAY, IF YOU WEREN'T HERE EXPLAINING IT, I PROBABLY WOULDN'T BE SAYING THIS AND FEELING THIS WAY IF YOU WERE ABSENT.

IT MAKES SUCH A DIFFERENCE TO HEAR IT FROM THE USE THE OWNER WHO HAS MADE A SIGNIFICANT INVESTMENT.

YOU LIVE HERE, YOU'RE A STAKEHOLDER, YOUR BUSINESS IS HERE, UM, ON MIAMI BEACH, SO YOU'RE NOT GOING ANYWHERE.

SO I LOOK AT IT THAT IT MAKES SENSE FOR WHAT YOU NEED NOW.

AND, AND, AND YOU'RE, YOU'RE GIVING UP DOLLARS, YOU'RE LEAVING DOLLARS ON THE TABLE.

YOU'VE ALREADY SPENT A SIGNIFICANT AMOUNT OF MONEY, YOU'RE LEAVING DOLLARS ON THE TABLE BY DOING THIS.

'CAUSE NO ONE'S GONNA BUY A ONE BEDROOM HOUSE WITH THIS PADDLE BALL CORD.

BUT YOU'RE, BUT YOU'RE, YOU'RE, YOU'RE BUILDING IT WITHIN THE RIGHT EXCEPT FOR THE ONE VARIANCE THAT YOU'RE ASKING FOR THAT.

SO THAT'S MY TAKE.

I JUST WANTED TO KIND OF, THAT, THAT'S MY COMMENT.

I KNOW WE'VE HAD A LOT OF OTHER COMMENTS, BUT I, I THOUGHT THAT WAS IMPORTANT TO LOOK AT ANOTHER PERSPECTIVE, UM, OF THE TESTERS.

I REALLY, I REALLY, YOU NEED TO COME UP TO THE PODIUM, MR. TESTER.

I, I REALLY APPRECIATE THE, UH, THE COMMENTS THERE.

AND I MEAN, TO, TO VALIDATE YOUR PO POINT THAT LOT SAT ON THE MARKET FOR, FOR FIVE YEARS.

NO ONE WAS GOING TO BUY THAT LOT.

UM, WE, WE TALKED WITH THE OWNER ABOUT, YOU KNOW, I TRIED TO WORK WITH HIM.

WE ACTUALLY HAD OUR LANDSCAPE PEOPLE TRYING TO LANDSCAPE THE, HIS, HIS EMPTY LOT.

BUT THE LOT WOULD'VE SAT THERE FOR, HE, IT WAS BEEN ON THE MARKET FOR FIVE YEARS.

WE, WE HAD, WE HAD TO DO SOMETHING.

THIS, AS YOU POINT OUT, THIS IS NOT FOR OUR ECONOMIC ECONOMIC GAIN.

YES, IT GIVES US A HOUSE FOR OUR, OUR PARENTS AND WE GET TO PLAY PADDLE, BUT WE ARE GENUINELY DOING SOMETHING FOR, FOR, FOR THE STREET HERE.

[01:15:01]

JUST TO THAT POINT, CAN I JUST ASK YOU, SO THE LOT'S OUT THERE FOR A LONG TIME.

IS IT SIGNIFICANTLY SMALLER THAN ALL THE EXPRESS, THE LOTS ON THE, ON, ON IN ITS NEIGHBORHOOD JUST AS A LOT ITSELF? I MEAN, NO, IT'S BECAUSE OF THE, UM, THE SETBACKS.

THE SETBACKS ARE SO RESTRICTIVE THAT YOU CAN'T REALLY DO ANYTHING WITH THE LOT THAT, THAT, THAT'S, THAT'S KIND OF THE PROBLEM.

THAT'S WHY NO ONE BOUGHT BOUGHT IT.

SO IF YOU HAD A 30 FOOT FOR THE SECOND STORY THAT RESTRICTS THE SIZE OF THE HOME THAT COULD BE BUILT SO MUCH SO THEN IT MUST BE SMALLER THAN ITS SURROUNDING IT.

IT'S ALSO A, UH, A CORNER LOT.

SO YOU HAVE A 15 FOOT SIDE STREET SETBACK AS WELL.

SO IT'S KIND OF BETWEEN BOTH OF THEM, IT TAKES UP, I THINK OVER HALF OF THE ACTUAL SQUARE FOOTAGE OF THE LOT IS A REQUIRED SETBACK, UM, JUST BECAUSE OF THAT.

CAN I MAKE ANOTHER SUGGESTION? THIS IS MORE OF AN ARCHITECT'S QUESTION.

ONE SUGGESTION I WOULD HAVE IS SINCE THERE'S NO OPEN SPACE FOR THIS HOUSE, BECAUSE IT'S COVERED BY, BY, UH, THE, THE PADDLE BALL, OF COURSE, WHY DON'T YOU JUST CONTINUE THE STAIR TO THE ROOF AND PUT A ROOF DECK UP THERE AND PUT A JACUZZI SO YOUR ELDERLY PARENTS COULD ENJOY SOME SORT OF FEATURE IN THE HOUSE RATHER THAN FEELING THAT THEY'RE IN A TINY CU CUBICLE THAT'S ONLY SUGGESTED I'M MAKING BY TAKING ADVANTAGE OF THE ROOF.

AND WE KNOW THAT IS AN OPTION.

UM, THAT ALSO WOULD MAKE THINGS FEEL A LOT LARGER.

AND AGAIN, WE WERE TRYING TO KEEP IT IN CONTINUITY WITH THE NEIGHBORS.

I DON'T THINK ANY OF THE ONES, UH, THAT I HAVE SEEN ON THE INTERIOR SIDE.

THE LANDLOCKED PORTION OF THIS HAD A, HAD A ROOF DECK AND WE DIDN'T WANT TO BE PUSHING THIS HIGHER FOR THAT.

THERE IS, LIKE I SAID, ABOUT A SIGNIFICANT PORTION OF THE LOT IS, UH, LANDSCAPED OPEN SPACE BECAUSE OF THE SETBACKS THAT WE ARE STILL THERE.

THE ENTIRE 120 FOOT ON LUCERNE AVENUE SIDE IS OPEN FOR 15 FEET AND UH, FOR THAT WHOLE PORTION.

AND I THINK THAT ACTUALLY COMES IN A LITTLE BIT AS WELL.

WE HAVE, I'M JUST TRYING TO ADJUST YOUR OPEN SPACE.

USABLE OPEN SPACE MM-HMM .

WHICH YOU HAVE NO OPEN SPACE 'CAUSE YOU GOT HARD SURFACE FOR THE COURT.

SO IT'S SOMETHING WE JUST TRYING TO, JUST TRYING TO SUGGEST SOMETHING WE COULD EXPLORE FOR SURE.

'CAUSE IF THIS MATTER GETS CONTINUED, THEN YOU CAN INCORPORATE SOME WAY TO ADDRESS THAT HOUSE BEING SELF-SUSTAINING RATHER THAN JUST A TEAR DOWN AT THE END OF THE DAY, 20 YEARS FROM NOW, 30 YEARS FROM NOW, WHO KNOWS, WE DON'T FEEL THAT IT WOULD EVER BE A TEAR DOWN.

'CAUSE EVEN IF SOMEBODY FELT THE USE OF THE ONE, THE ONE BEDROOM IS NOT WHAT THEY WANT, THEY COULD TEAR DOWN.

IT'S AN 1800 SQUARE FOOT HOUSE IN A HOUSE IN A NEIGHBORHOOD OF MULTIMILLION DOLLAR HOMES.

YOU KNOW.

SORRY, WHAT I'M GETTING AT IS THAT, UM, ALL THEY WOULD HAVE TO TEAR DOWN IS POTENTIALLY THE PADEL AND BE ABLE TO DO AN ADDITION, UM, THAT EXTENDS A LITTLE BIT FURTHER RIGHT NEXT TO IT.

SO THIS, THIS WAY THEY CAN TAKE ADVANTAGE OF THAT.

THE, THE HOUSE IS TASTILY DESIGNED RIGHT THERE.

AND THAT'S WHY WE HAD, UH, WE THOUGHT THAT THEN SHOW THE, UH, JUST THE DESIGN OF THE ADDITION.

SO IT GIVES YOU AN IDEA, THE BOARD TO GIVE THEM AN IDEA WHAT, WHAT, HOW YOU CAN TRANS TRANSFER THIS EXISTING NEW BUILDING TO A BUILDING THAT'S A REGULAR HOME.

CAN I JUST ASK ONE QUESTION? SORRY.

ARE YOU FINISHED? ARE YOU DONE? SORRY.

UM, JUST TO THE PROPORTIONALITY CONCERN I JUST WANTED FROM THE STREET BECAUSE THE LANDSCAPING AND THE FRONT OF THE HOUSE, NO ONE WILL SEE THAT THERE'S THIS GIANT PADDLEBOARD COURT BEHIND A SMALL HOUSE BASICALLY.

RIGHT.

SO THAT, THAT WILL NOT BE DRIVING BY.

NOBODY WOULD, NOBODY WOULD KNOW, RIGHT? CORRECT.

WE HAVE SIGNIFICANT LANDSCAPING ON THE STREET SIDE AS WELL AS THE NEIGHBOR SIDE AS WELL.

THIS REMINDS ME OF A HOME THEY'RE SPEAKING OUT OF TURN.

OH, SORRY.

I'M KIDDING.

THIS REMINDS ME OF A HOME THAT WAS BUILT IN MIAMI SHORES 60 YEARS AGO, WHICH WAS BUILT FOR SMALL PEOPLE.

I DON'T KNOW IF ANYBODY REMEMBERS THAT.

HOME IN MIAMI SHORES.

I DON'T REMEMBER THAT.

WHAT DOES THAT IT WAS A, IT WAS A REDUCED IN SCALE HOME THAT WAS BUILT FOR SMALL PEOPLE.

I THINK THAT'S THE PROPER, UH, DESIGNATION.

BUT UH, YOU KNOW, EVENTUALLY IT GOT TORN DOWN.

I THINK THE GRANDPARENTS HERE ARE NORMAL HEIGHT .

AS WELL THAT SHOWS THAT THAT BEAUTIFUL CORNER THAT'S EMPHASIZING THE ROUNDED NATURE OF THAT.

I'M JUST SAYING I KNOW WHAT YOU'RE SAYING.

I KNOW WHAT YOU'RE SAYING, JIM.

I KNOW YOU'RE SAYING YOU WOULD DRIVE BY AND SAY YOU SEE THIS LITTLE HOME AND I'D GO, MY GOD, THIS IS FOR, YOU KNOW, CAN'T BE A REGULAR HOME.

BUT IT WAS, SO THAT'S MY CONCERN.

MY CONCERN IS THAT CREATE SOME SORT OF PACKAGE THAT THE NEIGHBORHOOD DOESN'T LOOK, IT DOESN'T LOOK AT A SCALE TO THE REST OF THE NEIGHBORHOOD.

I MEAN, AT THE MOMENT FROM, ESPECIALLY FROM THE, UH, THE 22ND STREET SIDE, IT IS FULLY IN SCALE WITH THAT.

AND AS IT TURNS THE CORNER, YOU STILL GET TO SEE A BEAUTIFUL, WE HAD THE IMAGE

[01:20:01]

AND THEN IT'S HEAVY LANDSCAPING THERE.

YES.

WE CAN ALWAYS SHOW IT IF, IF THEY EVER DID DECIDE TO SELL YEARS AND YEARS IN, IN THE FUTURE TO BE ABLE TO SHOW HOW THAT COULD BE EXTENDED, UH, WITH AN LHA.

SO IF THERE WAS AN ADDITION TO THE HOME, THINK ABOUT THE ENTRANCE WHERE YOU HAVE THE DOOR, FRONT DOOR ON THE LEFT SIDE, ON THE WEST SIDE FOR YOU TO MAKE AN ADDITION.

YOU'RE GONNA HAVE DIFFICULTY GETTING TO THAT ADDITION FROM AND GOING UP THE STAIRS TO ANY ADDITION.

SOMEBODY WHO'S DOING THAT SORT OF ADDITION WOULD PROBABLY WANT TO REDO THE ENTIRE INTERIOR LAYOUT TO MAKE IT HOWEVER THEY WANT.

AND IT IS, I'M JUST SAYING, YOU KNOW, A VARIANCE IS FOR THE, FOR THE PLAN, YOU KNOW, FOR THE, FOR WHAT YOU NEED BECAUSE YOU CAN CHANGE IN YOUR DESIGN TO TAKE IN CONSIDERATION.

IN ADDITION, I WAS, YOU'VE JUST GOTTA MAKE IT MORE LOCKABLE.

CHIME IN AND SAY THAT IF I WERE THEM AND I WAS INVESTING, AND I AGREE WITH MR. GOLDBERG THAT THEIR PARENTS ARE HERE, THEY HAVE THREE CHILDREN, THEY'LL BE BACK.

MY SON'S SITTING HERE AND I ASSURE YOU THEY COME BACK.

THEY'RE NOT GOING ANYWHERE FOR THESE KIDS.

THEY LOVE COMING HOME.

SO THAT'S WHAT I, THAT'S WHAT I SAID TO MY KIDS.

DON'T THINK THAT THEY'RE STILL AROUND.

INVESTMENT IS FOR SOMEONE WHO'S IN THE FUTURE GONNA BUY.

I THINK THIS IS GONNA REMAIN IN THE FAMILY FOR A WHILE, PERSONALLY.

THAT'S WHAT I'M HEARING AND THINKING.

SO, UM, IF THIS WAS A SINGLE, UH, A SINGLE STORY HOME, WOULD THEY BE IN FRONT OF US RIGHT NOW? YES.

FOR BUT FOR LIKELY FOR A DIFFERENT TYPE OF VARIANCE.

UM, SO AT A WOULD A SINGLE STORY HOME, YOU COULD BE AT A 20 FOOT SETBACK, BUT IT'S UNLIKELY THAT THEY COULD REACH THE MINIMUM UNIT SIZE THAT'S REQUIRED.

OH, OKAY.

BECAUSE, SO THEY WOULD BE REQUESTING A VARIANCE OF THE MINIMUM UNIT SIZE.

AND WHAT DOES THAT MEAN? UM, THE CODE REQUIRES THAT A SINGLE FAMILY HOME BE AT LEAST 1800 SQUARE FEET.

WITH ONE STORY.

THERE'S NO WAY THEY COULD ACHIEVE THAT WITH THIS SITE PLAN.

SO THEY'D BE REQUESTING A, A DIFFERENT TYPE OF VARIANCE.

'CAUSE THIS IS WHERE I'M GETTING STUCK.

AND BY THE WAY, COUNSEL, I LIKE, WE, I LIKE TO BE ENTERING.

I GIVE YOU A HARD TIME 'CAUSE YOU'RE AN EXCELLENT ATTORNEY AND I LIKE TO PUSH YOU A LITTLE BIT.

UM, BUT THIS IS WHERE I'M LIKE REALLY CAUGHT UP IS, AND, AND I, I, I, I, MY, MY INSTINCT IS TO DEFER TO THE RECOMMENDATION.

IT'S MY INSTINCT AND COME TO A SOLUTION AND HAVE THIS ULTIMATELY WORK OUT.

UM, THAT'S MY INSTINCT.

BUT WHERE I'M REALLY CAUGHT UP IS WE'RE BEING TOLD THAT A CONCERN IS THAT A PRIMARY USE APPEARS TO BE THIS COURT, HOWEVER THE FIRST WORD IS PRONOUNCED.

UM, BUT, AND THEREFORE THE HOUSE SHOULD BE BIGGER TO MAKE THE HOUSE THE PRIMARY USE, SEEMINGLY SO AT LEAST.

BUT IN FACT, IF THE HOUSE WERE SMALLER, MAKING IT LESS OF A PRIMARY USE IN APPEARANCE, THEY ACTUALLY WOULDN'T NEED THE VARIANCE OF THEY HEAR IN FRONT OF US TODAY FOR, SO IT'S ALMOST LIKE AN INVERSE RELATIONSHIP.

AND, AND THEN, BUT, BUT THEN IT GOES BACK TO A SIMILAR ISSUE, WHICH IS THE 1800 SQUARE FEET, WHICH IS, I GUESS GOES BACK TO A PRIMARY USE MM-HMM .

TYPE OF AN ISSUE.

UM, WHICH BRINGS US BACK TO WHERE WE STARTED.

SO, UM, BUT, BUT THANK YOU FOR ANSWERING THAT QUESTION.

I I I, I, IT'S INTERESTING THAT THEY WOULDN'T NEED THIS VARIANCE IF THEY ACTUALLY MADE THE HOUSE SMALLER, BUT THEY MIGHT NEED A DIFFERENT ONE.

UM, BUT DANIEL, IF YOU, I KNOW YOU'VE BEEN THROUGH THESE ISLANDS AND THERE'S A DICHOTOMY AT WORK.

YOU KNOW, THE WATERFRONT HOMES ARE MASSIVE, HUGE ESTATES, BUT THE INTERIOR LOTS, WHEN YOU WALK THE STREETS, THERE'S SOME BEAUTIFUL, CHARMING BUNGALOW HOMES.

I ALMOST FEEL LIKE I'M IN SOUTH COCONUT GROVE WHEN I WALK THROUGH SUNSET ISLAND THREE AND FOUR AND ONE AND TWO.

THEY'RE BEAUTIFUL.

SO WHAT WE'RE DOING IS REALLY IN SCALE AND COMPATIBLE WITH THESE INTERIOR LOT HOMES.

UM, MADAM CHAIR, UM, I JUST WANTED TO NOTE, UM, THERE IS ANOTHER, UH, HAND RAISED ON ZOOM IN CASE YOU YOU WOULD LIKE TO REOPEN THE PUBLIC HEARING, BUT THAT'S TOTALLY UP TO YOU AND THE BOARD I'LL OKAY.

PUBLIC HEARING.

UM, WE HAVE MICHAEL LINE.

HI, GOOD MORNING.

UH, GOOD MORNING, MICHAEL.

UH, BEFORE YOU ADDRESS THE BOARD, I NEED TO SWAY YOU IN.

OH, 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 DO.

BASICALLY BEEN A CONSTRUCTION STAGING AREA, A PARKING AREA.

I'M GONNA SET THE CLOCK FOR TWO MINUTES FOR YOU TO ADDRESS THE BOARD.

HI, GOOD MORNING.

UH, I'M A NEIGHBOR AT 1550 WEST 21ST STREET.

SO, UH, WE'RE A WATER LOT JUST TO THE SOUTH OF THIS LOT.

UH, THE STREET THAT THIS IS ON, UH, KIND OF DEAD ENDS AT OUR, AT OUR HOME.

UH, AND WE ARE STRONGLY IN FAVOR OF THE PROJECT.

THIS LOT HAS BEEN AN EYESORE FOR MANY YEARS.

IT'S

[01:25:01]

IT'S WHERE THE CONSTRUCTION WORKERS EAT LUNCH.

IT'S WHERE THEY DRINK BEER AT THE END OF THE DAY AND THROW THEIR CANS, UH, ON THE GROUND.

IT'S BEEN FULL OF WATER AND HAS MOSQUITOES IN THE SUMMER.

UH, IT'S REALLY JUST BEEN PASSED ON FROM, I DON'T KNOW IF THE DEVELOPERS ARE RENTING IT FROM THE OWNER, BUT IT'S SERVED AS THE STAGING AND PARKING FOR PROBABLY ABOUT FIVE OR SIX DIFFERENT HOMES THAT HAVE BEEN BUILT AT THIS POINT.

UH, SO I THINK FIRST OF ALL, IT HELPS SOLVE THE PROBLEM OF KIND OF A BLIGHTED PROPERTY THAT HAS NOT VERY MUCH INTEREST BECAUSE OF THE SIZE OF IT AND THE SETBACKS YOU CAN'T REALLY BUILD VERY MUCH.

SO THERE'S NOT TOO MANY PEOPLE INTERESTED.

AND THEN IN TERMS OF WHAT'S BEING PROPOSED, UH, I, I PERSONALLY LOVE THE DESIGN.

UH, OUR NEIGHBORS HAVE HIRED A, A ICONIC ARCHITECT TO, TO DO THIS AND REALLY KIND OF SPARING NO EXPENSE IN THE AESTHETIC.

AND THE LOOK, UH, I LIKE THE FACT THAT IT'S NOT OVERBEARING AND KEEPING IN, IN LOOK WITH THE SMALLER LOTS AND THE HOMES THAT ARE BEING BUILT ON THOSE SMALLER LOTS.

UH, AND MY WIFE AND I ARE, ARE IN, I'M GONNA GIVE YOU A COUPLE MORE NAMES.

DID, DID YOU LOSE HIM? NO, I'M HERE.

I'LL GIVE YOU ANOTHER TWO MINUTES.

UH, UH, SO THE, THE SECOND HALF OF THAT WAS JUST, YOU KNOW, THE DESIGN AND THE SCALE, UH, THE LANDSCAPING, UH, JUST, WE THINK IT'S A, IT'S A HUGE IMPROVEMENT.

UH, IT'S FRANKLY NICER THAN MOST OF THE OTHER STRUCTURES THAT ARE BEING BUILT ON THE SMALLER LOTS OR THE HOMES THAT ARE BEING RENOVATED ON THE SMALLER LOTS.

SO WE'RE, WE'RE, MY WIFE AND I ARE STRONGLY IN FAVOR OF THE PROJECT, YOUR HONOR.

COMMENT OPPOSED THE PUBLIC COMMENT.

UH, YES.

SO, UM, I THINK WE CAN DISCUSS THIS.

I MEAN, I'M IN FAVOR.

I WOULD MAKE A MOTION, BUT I'M NOT SURE THAT WE'RE GONNA HAVE THE VOTES TO APPROVE IT BASED ON WHAT I'M HEARING.

SO HOW MANY VOTES DO WE NEED? FIVE A VARIANCE REQUIRES FIVE VOTES FOR APPROVAL.

SORRY, I NEED TO JUMP IN.

UH, UH, MR. UM, HE'S FINE.

SOMEONE MUTE.

MR. DAVIS.

DAVIS.

DAVIS, UM, WHISPERED IN MY EAR, HE SAID HE HAD A 10 30 AND HE HAD TO RUN OUT.

SO I'M JUST PUTTING THAT UP.

I'M SORRY.

NOT TO PUT THE YEAH, BUT THAT'S WHAT I MEAN.

BUT THE CONCEPT THAT I DON'T THINK HE'S HERE ANYMORE, JUST LET EVERYONE KNOW.

YOU COULD DO A STRAW POLL THROUGH THE CHAIR.

MADAM CHAIR.

UM, CAN SHE DO A, CAN CAN THE CHAIR DO A STRAW VOTE? YEAH.

DO A STRAW VOTE JUST TO FEEL IT OUT.

ANYONE ELSE? I WANT TO CONTINUE.

YEAH, I, I I'M MEAN, I, MY VOTE IS TO RE, UH, FOLLOW STAS OR RECOMMENDATION AND TO LET THEM WORK TOGETHER AND HOPEFULLY REACH A, A RESOLUTION THAT'LL WORK FOR EVERYBODY.

I AGREE WITH THAT.

DON'T HAVE THE VOTES.

I'M SORRY.

I'LL MOTION TO CONTINUE IT AND LET STAFF GET WITH, UM, THE APPELLANT TO SEE IF THEY CAN WORK SOMETHING OUT AND THEN BRING IT BACK TO US.

SECOND, WE'LL BE BACK IN FEBRUARY THEN.

ALL IN FAVOR? ALL IN FAVOR? AYE.

OPPOSED? OPPOSED? THAT THAT MOTION PASSES FOR CONTINUANCE.

FUTURE, FUTURE MEETING REMINDER.

AND WITH THAT, I, ANY MODIFICATIONS? ANY MODIFICATIONS PREVIOUSLY APPROVE THE BOARD ORDER? NO, THE, TO THE, TO THE MINUTES? THE, NO, SHE'S FOLLOWING.

SHE'S FOLLOWING THE, OH, JUST FOLLOWING THE AGENDA.

I APOLOGIZE.

NO, I UNDERSTAND.

UM, NO, NO MORE, NO MODIFICATIONS TO PREVIOUSLY APPROVED BOARD ORDERS.

ANY DISCUSSION ITEMS AND PROGRESS REPORTS? NO.

NO DISCUSSIONS.

WE HAVE NO, UH,

[FUTURE MEETING DATE REMINDER: February 6, 2026]

UH, FEBRUARY 6TH.

UM, IS THERE ANY IDEA OF HOW MANY THINGS ARE ON THAT AGENDA? UM, I BELIEVE WE HAVE TWO OTHER ITEMS ON THE AGENDA.

ACTUALLY.

SOMEBODY, WE'RE WAITING FOR SOMEBODY TO PAY A FEE.

LET ME DOUBLE CHECK.

I'LL TELL YOU ONE MOMENT WHILE WE WAIT.

UH, THANK YOU ALL FOR NOMINATING ME.

AND MICHAEL, YOU'RE GONNA BE HARD SHOES TO FILL,

[01:30:01]

BUT, UM, HOPE I YOU DID FINE.

BELIEVE ME, I STUMBLED MY FIRST THREE, FOUR.

I STUMBLED MY FIRST THREE OR FOUR MEETINGS.

TRUST ME.

BEEN THERE.

I'VE BEEN, I'M GONNA TELL YOU IS THAT YOU CAN'T LIKE, NOT SHOW UP BECAUSE I, WHO'S GONNA CALL YOU? WHERE ARE YOU? I GIVE YOU A HARD TIME, RIGHT? SO, UH, NO, AGAIN, THANK YOU.

I MEAN, MY PLEASURE.

UM, MADAM CHAIR, YOU MOTION TO ADJOURN? MOTION TO ADJOURN.

UM, OH, WE'RE WAITING TO SEE THE, THERE, THERE IS, THERE IS ONE ITEM.

ONE OF THE APPLICANTS THAT HAD HAD FINALIZED IT, DIDN'T FINALIZE THEIR, DIDN'T DO THEIR FINAL PAYMENT OF FEES AND, AND IT WAS MISSING ONE OR TWO DOCUMENTS.

UM, SO THEY'RE, THEY'RE LIKELY GONNA HAVE TO BE IN MARCH.

SO, UH, ONE ITEM IN ADDITION TO THIS ONE.

SO WE'LL HAVE TWO ITEMS IN FEBRUARY.

MOTION TO, OH, I APOLOGIZE.

AND WE HAVE, WE HAVE APPEALS ON THE AGENDA.

OH, I LOVE IT.

UH, POTENTIALLY.

SO IF THEY DECIDE TO PROCEED, WE MAY HAVE AN APPEAL MOVE.