[00:00:03] GOOD MORNING EVERYONE AND WELCOME TO THE FEBRUARY 6TH ZONING AND BOARD OF ADJUSTMENTS MEETING. BEING THIS IS MY FIRST MEETING, PLEASE BE PATIENT WITH ME WHILE I GET COMFORTABLE AND TRY MY BEST TO FOLLOW PROCEDURE. IF I NEED CORRECTIONS ALONG THE WAY, PLEASE FEEL FREE TO MAKE NOTE OF IT. I'M SURE MR. GOLDBERG, SITTING RIGHT NEXT TO ME, WILL HELP ME AS WELL. LAST MEETING. LAST MEETING. WITH THAT, LET'S GET STARTED [ATTENDANCE] WITH ATTENDANCE. MR. GOLDBERG. GOOD MORNING EVERYBODY, I'M GOING TO DO A ROLL CALL. MS. MIMARELLI. HERE. MS. SILVERMAN IS ABSENT. MR. DAVIS IS ABSENT. MR. GOLDBERG. HERE. MR. KRENNIC. PRESENT. MR. NAGLER. PRESENT. MR. SILVERS. HERE. WE HAVE FIVE OF SEVEN MEMBERS PRESENT. WE DO HAVE A QUORUM. HOWEVER, I WOULD LIKE TO LET EVERYBODY KNOW THAT ANY VARIANCES DO REQUIRE UNANIMOUS APPROVAL IN ORDER TO PASS TODAY. THANK YOU, MR. MADDEN, WE CAN [SWEARING IN OF PUBLIC] CONTINUE WITH MR. CITY ATTORNEY. THANK YOU, GOOD MORNING. TODAY'S MEETING OF THE BOARD OF ADJUSTMENT IS BEING CONDUCTED IN A HYBRID FORMAT WITH A QUORUM OF THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL AND APPLICANTS, STAFF, AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM. THOSE WISHING TO PARTICIPATE IN TODAY'S MEETING VIA ZOOM MAY DIAL THE TOLL-FREE NUMBER WHICH IS 877-853-5257 AND ENTER THE WEBINAR ID WHICH IS 828-6961-5309 OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID WHICH AGAIN IS 828-6961-5309. INDIVIDUALS WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF THEY ARE USING THE ZOOM APP OR DIAL STAR 9 IF PARTICIPATING BY PHONE. BEFORE I SWEAR IN THOSE WHO ARE TESTIFYING, 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, INCLUDING AS AN ARCHITECT, ATTORNEY, OR REPRESENTATIVE OF AN APPLICANT OR AN OBJECTOR, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE BEFORE YOU SPEAK TO THE BOARD. IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER PRIOR TO APPEARING. YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU ARE SPEAKING ONLY ON BEHALF OF YOURSELF AND NOT ANY OTHER PARTY, YOU ARE TESTIFYING AS AN EXPERT WITNESS PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR YOU ARE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT FOR OR OPPOSITION TO ANY ITEM. EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS SHALL, PRIOR TO APPEARING, DISCLOSE IN WRITING TO THE CITY CLERK THEIR NAME, ADDRESS, AND THE PRINCIPAL ON WHOSE BEHALF THEY ARE COMMUNICATING. THESE RULES APPLY WHETHER YOU ARE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE. I WILL NOW SWEAR IN EVERYONE WHO IS PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AND INTENDS TO PROVIDE TESTIMONY. VIRTUAL SPEAKERS WILL NEED TO BE SWORN IN ONE BY ONE BEFORE ADDRESSING THE BOARD. SO IF YOU WILL BE GIVING TESTIMONY TODAY, PLEASE STAND AND RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU. [1. After Action Report – January 9, 2026 ] NOW WE'LL DO THE APPROVAL OF MINUTES. HAVE YOU ALL HAD A CHANCE TO REVIEW THE MINUTES FROM THE LAST MEETING, THE JANUARY 9TH MEETING? DOES ANYONE NEED A MINUTE? MOTION TO APPROVE. SECOND. I SECOND. THE MINUTES ARE APPROVED. [2. ZBA22-0143, 125-153 Collins Ave.  ] ALL RIGHT, I SEE WE HAVE TWO REQUESTS FOR CONTINUANCES. ZBA 220143-125-153 COLLINS AVENUE. YES, THIS IS AN APPEAL OF A PLANNING DIRECTOR'S DECISION. THE APPLICANT HAS REQUESTED THAT THE ITEM BE CONTINUED TO THE APRIL 10TH, 2026 MEETING. THERE ARE TWO OPPOSING PARTIES, AND IT SEEMS LIKE THEY'RE GOING TO TRY TO WORK IT OUT AMICABLY ON THEIR OWN. THEY'VE REQUESTED THAT THE ITEM BE CONTINUED TO THE APRIL 10TH, 2026 MEETING. DO WE HAVE A MOTION? MOTION TO APPROVE. SECOND. ALL THOSE IN FAVOR? ALL IN FAVOR? AYE. ANY OPPOSED? NO? MOTION PASSES. MOTION PASSES. NEXT. [3. ZBA24-0161, 605 LINCOLN ROAD UNIT 800RF] ZBA 240161-605 LINCOLN ROAD, UNIT 800RF. OKAY, THIS IS ALSO AN APPEAL OF A PLANNING DIRECTOR'S DETERMINATION RELATED TO THE ROOFTOP OF 605 LINCOLN ROAD. THE APPLICANT HAS INDICATED [00:05:01] THEY HAVE SOME COURT PROCEEDINGS GOING ON, AND THEY'VE REQUESTED THAT THE ITEM BE CONTINUED TO THE MAY 1ST, 2026 MEETING. HOWEVER, I BELIEVE THERE ARE SOME, THERE MAY BE SOME PEOPLE IN THE AUDIENCE THAT HAVE SOME OTHER CONCERNS. YEAH, HOW ABOUT STATE YOUR NAME AND ADDRESS, SO YOU CAN GIVE US A PACKET. GOOD MORNING, MADAM CHAIR. NICK NOTE ON BEHALF OF TONJA, INC., WITH THE LAW FIRM OF BILLS & SUNDBERG, OFFICE OF THE I'M JOINED BY MY COLLEAGUE ALEX SIMO, AND AS ROGELIO EXPLAINED, WE FILED AN APPEAL OF THE ZONING DIRECTOR'S DETERMINATION. THERE HAS BEEN ONGOING LITIGATION BETWEEN MY CLIENT AND THE COMMERCIAL CONDO ASSOCIATION IN THIS CASE. I HANDED OUT A TRIAL COURT ORDER BEFORE WE STARTED HERE TODAY. THIS CASE HAS FINALLY BEEN SET FOR TRIAL, FOR A THREE-WEEK TRIAL DOCKET WINDOW STARTING MARCH 16TH. IT'S ALWAYS BEEN OUR INTENT TO ALLOW THE PRIVATE PARTIES TO RESOLVE THESE ISSUES IN PRIVATE LITIGATION PRIOR TO PROCEEDING WITH THIS APPEAL. THE CITY HAS BEEN ON BOARD WITH THAT. WE'VE BEEN IN COMMUNICATION WITH THEM ALL ALONG THE WAY. THEY'VE BEEN SUPPORTIVE OF THAT APPROACH. WE THINK IF THE APPEAL IS RESOLVED IN OUR CLIENT'S FAVOR, IT RENDERS MOST, IF NOT ALL, THIS APPEAL MOOT, WHICH IS WHY WE WANT TO LET THIS RESOLVE PRIVATELY PRIOR TO PROCEEDING WITH OUR APPEAL IN THIS CASE. EVEN IN THE TRIAL WINDOW, STARTING ON MARCH 16TH AND RUNNING FOR POTENTIALLY THREE WEEKS, WE DON'T KNOW WHEN THEY'LL GET CALLED. FOR THE RECORD, I DON'T REPRESENT THEM IN THE LITIGATION. MAY 1ST SEEMS LIKE THE RIGHT CONTINUANCE DATE, BECAUSE I THINK APRIL 6TH WILL BE KIND OF RIGHT ON THE HEELS OF THAT. ANY DELAY IN THAT WILL CERTAINLY RUN ACROSS THAT. I THINK IT'S APRIL 6TH WOULD BE YOUR APRIL MEETING. WE'RE SPECULARLY REQUESTING MAY 1ST. WE'D LIKE TO SEE IF THIS CAN BE RESOLVED THROUGH THE PRIVATE LITIGATION BEFORE HAVING TO COME BACK FOR YOU AND KIND OF LITIGATE OUR APPEAL THAT WE FILED. ANYONE ELSE? GOOD MORNING. MICKEY MARRERO, A LAW FIRM, BURKE HOWARD, L. FERNANDEZ, LARKIN, AND TAPPAN. WE REPRESENT THE CONDOMINIUM ASSOCIATION. THE ROOFTOP OWNER, WHICH MR. NOTO REPRESENTS, IS ONE OF THE CONDOMINIUM UNIT OWNERS. WE REPRESENT THE ASSOCIATION. AND I UNDERSTAND THIS WILL BE CONTINUED TODAY. THE PACKAGES WEREN'T SENT TO YOU, SO THE CITY'S NOT READY. WE UNDERSTAND THAT. BUT I JUST WANT TO SAY THAT THE ASSOCIATION IS VERY INTERESTED IN THE RESULT OF THIS. THERE IS LITIGATION THAT, LIKE MR. NOTO, I'M NOT DIRECTLY INVOLVED IN, BUT I HAVE SPOKEN TO OUR LITIGATION COUNCIL. THERE'S ALSO AN INCOMPLETE PLANNING BOARD APPLICATION RELATED TO ROOFTOP USES. THERE'S A PERMIT THAT'S BEING PROCESSED FOR DIFFERENT TYPES OF USES UP THERE. THERE'S A LOT OF DIFFERENT THINGS HERE RELATED TO THIS ROOFTOP. AND THE ASSOCIATION IS JUST TRYING TO GET RESOLUTION AND MOVE ON. THIS WAS FILED IN THE SUMMER OF 2024. WHAT WAS FIRST BEFORE THIS BOARD IN OCTOBER OF 2024 HAS BEEN CONTINUED, I BELIEVE, FOUR TIMES. I WAS HERE IN OCTOBER OF 2025 MAKING SORT OF THE SAME PLEA. WE JUST WANT TO GET THIS RESOLVED. THERE IS ONGOING LITIGATION. THAT TRIAL VERY WELL MAY HAPPEN IN MARCH. IT MAY GET PUSHED AGAIN, FOR ALL WE KNOW. WE JUST, FROM OUR PERSPECTIVE, IT'S MORE THE INVERSE. WHAT HAPPENS HERE COULD INFORM THAT LITIGATION, AT LEAST THAT'S WHAT OUR LITIGATION COUNCIL HAS ADVISED ME. SO ALL I ASK IS THAT WE MOVE THIS. I WOULD PREFER APRIL, BECAUSE MY CLIENT JUST WANTS TO GET THIS HEARD, RESOLVED. IT'S BEEN A YEAR AND A HALF. AND FOR MOST BOARD APPLICATIONS HERE, ANYTHING, I KNOW THE CITY HAS A DIFFERENCE OF OPINION WHEN IT COMES TO AN APPEAL, BUT ANY OTHER APPLICATION THAT IS FILED BY YOU, IF IT'S NOT HEARD WITHIN A YEAR, IT'S NULL AND VOID BY A MATTER OF LAW. SO WE'RE GOING TO GO ON ALMOST TWO YEARS CONTINUING THIS THING. AND IT'S NOT JUST THEM, IT'S OUR CLIENT AND ALL THE OTHER UNIT OWNERS IN THAT BUILDING THAT ARE IMPACTED. SO ALL THAT I WOULD ASK IS THAT WE JUST, IF WE'RE GOING TO CONTINUE THIS, LET'S DO IT TO THE SOONEST POSSIBLE DATE, BECAUSE WE KEEP HAVING TO COME BACK, AND ALL THESE OWNERS, WE KEEP HAVING TO RAMP UP EVERY TIME, AND IT GETS CONTINUED OVER AND OVER AGAIN. THANK YOU. QUESTIONS? QUESTIONS FROM THE BOARD? YEAH, IS THIS THE FIRST TRIAL, SENATOR? I'M SORRY? IS THIS TRIAL WHERE YOU JUST HANDED OUT, HAS THIS BEEN, IS THIS THE FIRST TIME THIS HAS BEEN SET FOR TRIAL? I BELIEVE SO. I BELIEVE SO. OKAY. BUT DON'T QUOTE ME ON THAT. I'M NOT 100% SURE. I BELIEVE THIS IS THE FIRST TIME IT'S BEEN SET FOR TRIAL FORMALLY, STARTING MARCH 16TH, YES. RIGHT. OKAY. SO IT'S NOT GOING TO TRIAL IN MARCH. UNLIKELY, RIGHT? THAT'S NOT, I MEAN, THE LITIGATION'S BEEN PENDING. I THINK THERE'S BEEN MOTIONS FOR A SUMMARY JUDGMENT FILED, IS MY UNDERSTANDING. THOSE HAVE BEEN RESOLVED AND IN FAVOR OF THIS STILL GOING TO TRIAL, THERE'S STILL A DISPUTE OF FACTS. SO FROM WHAT I KNOW, THIS WILL BE GOING TO TRIAL IN MARCH. LIKE I SAID, I MEAN, THIS PRESERVES THE STATUS QUO. YOU KNOW, THE ZONING DIRECTOR'S DETERMINATION IS FINAL. THE ONLY PREJUDICE I SEE IN THIS CONTINUANCE IS TO MY CLIENT, HE CAN'T OPERATE THE ROOFTOP WITH ENTERTAINMENT, IS KIND [00:10:02] OF WHAT THIS ALL STEMS AROUND. IT WILL REMAIN THAT WAY. THE CONDO ASSOCIATION DOESN'T HAVE A ROOFTOP OWNER THAT'S OPERATING THE ROOFTOP WITH ANY ENTERTAINMENT AS LONG AS THIS APPEAL IS STAYED AND NOT HEARD BY YOU ALL. SO I THINK THE ONLY PREJUDICE IN GRANTING THE EXTENSION AS THIS PRIVATE LITIGATION RESOLVES ITSELF IS TO OUR CLIENT, NOT THE CITY, NOT THE CONDO ASSOCIATION. AND YOU KNOW, I THINK THERE'S AN INTEREST ALSO IN NOT HAVING THE CITY BROUGHT INTO THAT LITIGATION, WHICH I THINK MAY BE THE ONLY INTEREST OF THE CONDO ASSOCIATION, HAVING THIS HAPPEN BEFORE THE ACTUAL TRIAL TAKES PLACE. SO WE THINK IT'S IN EVERYONE'S FAVOR THAT WE LET THE PRIVATE LITIGATION RESOLVE ITSELF, SEE HOW THAT IMPACTS THIS. LIKE I SAID, IT'S RESOLVED IN FAVOR OF OUR CLIENT. WE THINK THAT THIS BECOMES MOOT. CITY DOESN'T GET IMPLICATED IN THAT LITIGATION. THIS APPEAL DOESN'T EVEN HAVE TO MOVE FORWARD. WE THINK THAT'S THE BEST RESULT FOR EVERYBODY. MADAM CHAIR, QUESTION FOR THE ATTORNEY. I JUST WANT TO VERIFY SOMETHING MR. MARRERO SAID, BECAUSE IT'S COME UP IN A COUPLE OF OUR MEETINGS. HOW OFTEN AND HOW LONG CAN SOMEONE CONTINUANCE? IS THAT A FACT, WHAT MR. MARRERO SAID, THAT AFTER A YEAR, CONTINUANCE CAN'T GO BEYOND? I JUST WANT TO VALIDATE THAT, BECAUSE TO ME, THAT'S AN IMPORTANT PIECE IN THIS PUZZLE. THE DISTINCTION IS WHETHER THE APPLICATION, WHICH IS AN ORIGINAL APPLICATION, LIKE YOU'LL BE HEARING FOR A VARIANCE OR WHATEVER'S BEFORE YOU, AS OPPOSED TO AN APPEAL. THE APPEAL FOLLOWS A DIFFERENT COURSE. SO THERE'S NO TIME LIMIT ON THE APPEAL. OKAY, THANK YOU. IT'S NOT AN ORIGINAL APPLICATION. THAT'S THE DISTINCTION AND THE BIG DIFFERENCE HERE. OKAY. ANY OTHER QUESTIONS? IF I MAY, MR. CHAIR, JUST FOR 10 SECONDS, AGAIN, I GET IT, IT'S GOING TO BE CONTINUED TODAY. IT'S NOT PROPERLY, IT'S NOT FULLY BEFORE. YOU DON'T HAVE THE MATERIALS, SO WE UNDERSTAND IT WILL BE CONTINUED. IT MAY GET CONTINUED. IT MAY HAPPEN IN MARCH. MY LITIGATION COUNSEL HAS ALSO TOLD ME IT COULD VERY WELL HAPPEN IN MARCH. CAN WE AT LEAST DO APRIL, ANOTHER MONTH INTO MAY? I THINK IF THE TRIAL, IF IT HAPPENS IN MARCH, THEN I THINK APRIL 6TH IS FINE. IF IT DOESN'T HAPPEN IN MARCH AND IT GETS CONTINUED TO JULY OR SOMETHING, I WOULD SAY LET'S JUST HEAR IT REGARDLESS. THAT WOULD BE WHAT I ASK, BECAUSE IF WE KEEP WAITING ON FOUR, FIVE DIFFERENT OTHER PROCESSES, THIS WILL BE GOING ON FOR YEARS. IT'S WHAT'S HAPPENED IN THE LAST TWO YEARS. SO MY REQUEST WOULD BE, I'M NOT OPPOSING HIS CONTINUANCE TODAY, BECAUSE NO ONE'S READY FOR THIS TODAY, BUT APRIL WOULD BE MORE APPROPRIATE. IT GIVES HIM TIME TO HAVE THAT TRIAL IF IT HAPPENS, AND IF IT DOESN'T HAPPEN, WE WOULD KNOW THAT BY THEN. I WOULD JUST ADD THAT THE TRIAL PERIOD IS THE THREE-WEEK PERIOD, MARCH 16TH, SO THE APRIL SETTING FALLS WITHIN THE TRIAL PERIOD. THAT'S WHY I THINK MAY WOULD BE MORE APPROPRIATE. AND I'LL ALSO JUST NOTE, YOUR MAIN MEETING IS MAY 1ST, SO WE'RE TALKING ABOUT 20 DAYS. IT'S NOT A DRASTIC DIFFERENCE IN TIME. SO MOTION TO CONTINUE TO MAY 1ST. SECOND? I'LL SECOND. WE HAVE TWO SECONDS. A LITTLE BIT TOO LATE. THE MOTION WAS BY MR. KRENNIC. AND THE SECOND, WHO DO WE GIVE IT TO? MR. GOLD. I'LL DEFER TO MR. SERAFINI. AND THEN WE'LL GIVE YOU THE THIRD. ALL IN FAVOR? AYE. OUR APRIL MEETING IS APRIL 10TH. THAT'S CORRECT? YEAH, WE HAVE A PREVIOUSLY [4. ZBA25-0193, 2120 Lucerne Avenue] CONTINUED ITEM, ZBA 250193, 2120 BLUESTONE AVENUE. THIS APPLICATION HAS BEEN FILED REQUESTING A VARIANCE TO REDUCE THE FRONT YARD SETBACK FOR A PROPOSED TWO-STORY HOME ON A VACANT LOT. THIS IS AN APPLICATION THAT CAME BEFORE THE BOARD LAST MONTH ON JANUARY 9TH. AT THAT TIME, STAFF HAD CONCERNS THAT GIVEN THE DESIGN OF THE PROPOSED HOME, THE HOME WAS SORT OF ACCESSORY TO THE PADDLE COURT THAT IS BEING PROPOSED FOR THE REAR YARD. AND THEN THE BOARD BROUGHT UP CONCERNS THAT THEY DIDN'T HAVE USABLE OUTDOOR SPACE OTHER THAN THE PADDLE COURT. SO WITH THAT, STAFF HAS MET WITH THE APPLICANT. THE APPLICANT HAS PROPOSED SOME DESIGN REVISIONS THAT STAFF FEELS MUCH MORE COMFORTABLE WITH THAT GIVE THE HOME THE APPEARANCE OF BEING MORE SIGNIFICANT, OF A MORE SIGNIFICANT STRUCTURE ON THE SIDE. IT PROVIDES USABLE OUTDOOR SPACE. SO THE APPLICANT HAS DONE THAT BY INCORPORATING A TRELLIS STRUCTURE ON THE SIDE FACING A STREET. THE TRELLIS STRUCTURE IS INCORPORATED INTO THE DESIGN OF THE HOME, SO IT EXTENDS FROM THE HOME ITSELF, GIVING THE HOME A MORE SUBSTANTIAL [00:15:01] APPEARANCE ON THE LOT, AND THEN ADDRESSES THE BOARD'S CONCERN THAT WAS BROUGHT UP OF CREATING SOME ADDITIONAL OUTDOOR SPACE THAT CAN BE ENJOYED BY WHOEVER IS STAYING IN THE HOME. SO WITH THE CHANGES THAT THE APPLICANT HAS PROPOSED, STAFF RECOMMENDS APPROVAL OF THE APPLICATION. THE APPLICANT HAS ALSO PROPOSED SOME MODIFIED CONDITIONS TO PROVIDE SOME ADDITIONAL SAFEGUARDS FOR THE NEIGHBORS AND ENSURE THAT THE TRELLIS IS ACTUALLY CONSTRUCTED. SO WITH THOSE PROPOSED CHANGES AND THOSE CONDITIONS, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED ORDER. AND I'LL TURN IT OVER TO THE APPLICANT. ANY DISCLOSURES BEFORE MR. LARKIN BEGINS? I RECEIVED AN EMAIL FROM COUNCIL. I DID NOT RESPOND TO THE EMAIL. GREAT. THANK YOU. SAME FROM THE ORIGINAL HERE. SORRY. OKAY. ALL RIGHT. PJ, CAN YOU PULL UP THE PRESENTATION? GREAT. SO GOOD MORNING, MADAM CHAIR, BOARD MEMBERS, MICHAEL LARKIN, 200 SOUTH BISCAYNE BOULEVARD, HERE REPRESENTING THE APPLICANT. WITH ME THIS MORNING IS RICHARD TESTER AND HIS WIFE KIRSTEN, ELIZABETH STARR, AND PAUL GIBSON FROM STRANG ARCHITECTURE. MATT AMSTER AND MY PARTNER, MY COLLEAGUE, MARK GUERRIERO. SO YOUR INSTRUCTION AT THE LAST HEARING WAS TO GO SIT WITH STAFF, DISCUSS THEIR CONCERNS OF THE APPLICATION, AND SEE IF WE COULD HAVE A MEETING OF THE MINDS. STAFF WAS VERY ACCOMMODATING WITH US. WE DID THAT ON JANUARY 15TH AND JANUARY 21ST. WE SAT DOWN WITH THEM, WE TRADED DESIGN IDEAS, AND THANKFULLY WE'VE COME TO A RESOLUTION. THEY HAVE ACCEPTED THE REVISED DESIGN AS ADDRESSING THEIR CONCERNS. AND THAT'S WHY WE'RE BACK HERE BEFORE YOU TODAY WITH A POSITIVE STAFF RECOMMENDATION. NEXT SLIDE. SO THE HOME WAS DESIGNED BY STRANG ARCHITECTURE, A FIRM WE'VE WORKED WITH FOR MANY YEARS. THEY'RE A COMMUNITY FIRM. THEY'RE GROUNDED IN OUR COMMUNITY. IN FACT, THEY ACTUALLY SPONSORED A FILM FESTIVAL LAST WEEKEND WHEN THE TEMPERATURE WAS PLUNGING INTO THE UPPER 30S. IT WAS A GOOD FILM FESTIVAL. UNFORTUNATELY, IT WAS OUTSIDE OF THE KAMPONG, WHICH IS A NINE-ACRE BOTANICAL GARDEN IN SOUTH GROVE. I LASTED UNTIL 9 P.M. THEN I HAD TO SAY, ELIZABETH, PEACE OUT. IT'S TOO COLD FOR ME. I WAS FREEZING, SO I HAD TO GET BACK HOME TO MIAMI BEACH. NEXT SLIDE. SO AS WE DISCUSSED IN THE LAST HEARING, THE PROPERTY IS A NARROW LOT ABOUT 60 FEET IN WIDTH, WHICH IS A COMMON LOT MEASUREMENT FOR THOSE LOTS IN THE INTERIOR OF THE SUNSET ISLANDS. IT IS UNUSUAL IN A CORNER LOT, AND IT HAS A ROUNDED CORNER AT THE NORTHEAST CORNER OF THE LOT. NEXT SLIDE. IN 2019, THE PROPERTY WAS PURCHASED BY THE PRIOR OWNER WHO QUICKLY DEMOLISHED THE HOME, REALIZING HE COULD MAKE MORE MONEY RENTING OUT THE LOT TO CONSTRUCTION COMPANIES, AND HE DID FOR A PERIOD OF SIX YEARS. HE ILLEGALLY RENTED OUT THE LOT. IT WAS USED AS A CONSTRUCTION STAGING AREA WITH THE DUMPING, SMELLY PORTA-POTTIES, STORED EQUIPMENT, AND UNPERMITTED PARKING FOR ABOUT 15 TO 30 VEHICLES ON A DAILY BASIS. NEXT SLIDE. ENOUGH WAS ENOUGH. RICHARD AND KIRSTEN DECIDED BACK IN 2025 THAT THEY WOULD GO AHEAD AND PUT AN END TO THIS NUISANCE. THEY PURCHASED THE PROPERTY FOR $3.8 MILLION, AND RIGHT AWAY BEGAN CLEANING UP THE PROPERTY, TAKING CARE OF ALL THE NOTICES OF VIOLATION, PAYING OFF THE FINES, AND YOU SEE TODAY AS A RESULT OF A NICE, WELL-MAINTAINED VACANT LOT. IF THERE WAS A BEST NEIGHBOR AWARD AWARDED BY THE RESIDENTS OF SUNSET ISLAND 3 AND 4, THEY WOULD CERTAINLY GET IT. I'M GOOD TO MY NEIGHBORS. I PICK UP THE AMAZON PACKAGE WHEN THEY'RE OUT OF TOWN. I SEND THEM PACKAGES FOR ROSH HASHANAH, WHICH THEY APPRECIATE, LITTLE GOODIES. BUT I'VE NEVER THOUGHT TO SPEND ALMOST $4 MILLION TO MAKE MY NEIGHBORS HAPPY. BUT THANKFULLY, THE TESTERS ARE ABLE TO DO SO. NEXT SLIDE. SINCE THE ACQUISITION OF THE LOT, THE TESTERS WENT OUT TO THEIR NEIGHBORS. THEY DISCUSSED WITH THEM AGAIN AND AGAIN WHAT WOULD BE A GOOD USE FOR THE LOT AND, AGAIN, WENT INTO DETAIL WITH THE PROPOSED PLANS. THAT HAS RESULTED IN SECURING 13 LETTERS OF SUPPORT FROM THE SURROUNDING NEIGHBORS, ESPECIALLY MR. KODORI AND HIS FAMILY TO THE SOUTH AND MR. NAYLOR TO THE WEST. SO THIS IS A PRODIGIOUS EFFORT AND HAS RESULTED IN UNIFORM NEIGHBOR SUPPORT WITHIN THE SUNSET ISLAND 4 AND AND THE NEIGHBORS ARE ABSOLUTELY PLEASED THAT IT WILL NO LONGER BE A VACANT LOT, THAT IT WILL HAVE A BEAUTIFUL HOME WITH AN ADJACENT PADEL COURT. NEXT SLIDE. ALTHOUGH STAFF WAS ORIGINALLY CONCERNED OVER THE PERCEIVED INVERSION OF THE ACCESSORY VERSUS PRIMARY USE, THEY NOW AGREE THAT THIS OUTDOOR PADEL COURT IS PURELY AND ENTIRELY ACCESSORY USE. AGAIN, WHEN RICHARD AND HIS WIFE PURCHASED THE PROPERTY, THEY IMMEDIATELY THOUGHT, WHAT WOULD BE THE USE? WHAT'S THE BEST USE? OF COURSE, THE BEST USE IS FOR FAMILY. AND THEY BOTH HAVE THEIR PARENTS SURVIVING IN ENGLAND AND BOTH SETS OF IN-LAWS COME AND VISIT THE TESTERS FOR MONTHS AND MONTHS AT A TIME, SOMETIMES THE ENTIRETY OF THE SUMMER. SO FOR LITERALLY OVER HALF THE YEAR, THE HOME IS OCCUPIED BY FAMILY. AND AS LIVIS WILL EXPLAIN, THE REVISED PLANS ADDRESS BOTH STAFF AND THE BOARD'S CONCERN REGARDING THE SIZE AND USE [00:20:02] OF THE HOME. WHEN WE GOT DOWN TO IT WITH STAFF, STAFF WAS JUST WONDERING, HOW WILL THE HOME BE USED? AND WE CONVEYED TO THEM ENOUGH TIMES THAT YES, IT WILL BE USED BY THE TESTERS' FAMILY. AGAIN AND AGAIN, THAT PLEASED STAFF. DESIGN ADJUSTMENTS HAVE BEEN MADE WITH REGARD TO THE REVISED FLOOR PLANS. THERE'S THE ABILITY TO ACCOMMODATE TWO BEDROOMS ON THE UPPER FLOOR. AND MR. SILVERS HAD MENTIONED, WELL, WE NEED MORE RECREATIONAL OPEN SPACE, SO THAT'S FOR THE TRELLIS IDEA. THANK YOU, MR. SILVERS, FOR THAT. IT IS NOW LIKE AN OUTDOOR LIVING ROOM. MR. SILVERS ASKED US TO CONSIDER A ROOF DECK. WE EXPLORED THAT OPTION. ELIZABETH WILL EXPLAIN WHY THAT'S REALLY NOT AN OPTION HERE. AND THIS HOME WAS ALSO DESIGNED TO SUPPORT A FUTURE ADDITION. AT SOME POINT, EVEN THOUGH OUR CLIENT, MR. TESTER, IS A SUPERSTAR ATHLETE, AT SOME POINT EVEN HIS KNEES WILL GIVE OUT AND THERE WILL BE AN OPPORTUNITY FOR A FUTURE ADDITION, WHICH IS A VERY COMMON THING IN MIAMI BEACH. SO WITH THAT, I'D LIKE TO TURN IT OVER TO ELIZABETH. SHE'S GOING TO WALK YOU THROUGH HER DESIGN. THANK YOU. GOOD MORNING, BOARD. ELIZABETH STARR FROM STRENGTH DESIGN, LOCATED AT 2900 SW 28TH TERRACE IN COCONUT GROVE. THANK YOU FOR YOUR FEEDBACK LAST MONTH AT THE HEARING. WE'VE TAKEN ALL OF YOUR COMMENTS AND REDESIGNED TO ADDRESS THEM. THIS SLIDE SHOWS THE FIRST FLOOR, WHICH INCLUDES THE OPEN PLAN LAYOUT OF THE SINGLE FAMILY HOME. IT ALSO DEPICTS THE REQUIRED SETBACKS FOR BOTH THE COURT AND THE HOME. AN EXAMPLE OF WHAT THE COURT WOULD BE LIKE AT COMPLETION. AND THE SECOND FLOOR PLAN, ADDRESSING TWO VERY GENEROUS BEDROOM SUITES FOR THE USE OF MR. AND MRS. TESTER'S PARENTS. IN ADDITION, IN THIS SLIDE, YOU SEE THE ADDED COVERED OUTDOOR TRELLIS AREA, WHICH IS APPROXIMATELY 500 SQUARE FEET. AND SO THIS WAS OUR SOLUTION TO PROVIDING A VERY COMFORTABLE OUTDOOR LIVING SPACE, NOT ONLY TO VIEW THE GAME OF PADEL, BUT ALSO JUST TO ENJOY BEING OUTDOORS AND IN A SHADED AREA, NOT ONLY WITH THE TRELLIS STRUCTURE, BUT ALSO WITH THE LUSH LANDSCAPING THAT WE ARE PROPOSING ALONG THE SIDE YARDS. A SITE PLAN DEPICTING THE LANDSCAPE PLAN THAT WE ARE WORKING ON. IT DOES INCLUDE VERY MATURE TREES. WE HAVE TREES THAT ARE ABOUT 10 TO 18 FEET IN HEIGHT AND CASCADE DOWN TO CREATE A PLEASANT LANDSCAPE AREA, NOT ONLY FOR THE HOME USERS, BUT ALSO FOR THE NEIGHBORHOOD, AS THIS IS A CORNER LOT THAT IS VIEWED BY THE NEIGHBORHOOD. IN ADDITION, THIS SITE PLAN IS SHOWING THE ROOF PLAN DESIGNED AS A SLOPE ROOF. AND I HAVE ANOTHER SLIDE WHERE I WILL SHOW YOU OUR EXPLORATION OF A ROOF DECK AREA THAT WAS NOT FEASIBLE. HERE IS THE LOT IN CONTEXT WITH THE NEIGHBORHOOD. IT IS IMPORTANT TO MENTION AGAIN THAT THE SETBACKS BEING ASKED FOR THE VARIANCE IS IN CONTEXT WITH VARIOUS HOMES IN THESE INNER LOTS. HERE ARE SOME SIMILAR SITES FOR COMPARISON. AND HERE WE ARE SHOWING THE SQUARE FOOTAGE OF THE COURT AND THE SQUARE FOOTAGE OF THE HOME. THE PRIMARY USE OF THIS DESIGN IS THE SINGLE FAMILY RESIDENCE HOME. AGAIN, IN COMPARISON, SOME OTHER PROPERTIES THAT HAVE BEEN APPROVED IN MIAMI BEACH WHOSE DESIGNS DO INCLUDE A LARGER COURT THAN THE ACTUAL FOOTPRINT OF THE SINGLE FAMILY RESIDENCE. IN OUR CASE, WE ARE AT A SMALLER PROPORTION DUE TO LOT SIZE, BUT THIS IS A GOOD EXAMPLE OF OTHER PROJECTS THAT HAVE BEEN APPROVED. THIS SLIDE DEPICTS OUR EXPLORATION OF THE ROOF DECK AREA. IN MANY OF OUR DESIGNS, WHEN POSSIBLE, WE DO INCLUDE A ROOF DECK AREA FOR THE HOMEOWNER. HOWEVER, GIVEN THE REQUIREMENTS OF THE SETBACKS PER CODE, WE ARE MEETING IN THIS DIAGRAM THE 10-FOOT SETBACKS FROM ALL EXTERIOR WALLS, WHICH LEAVES US WITH VERY SMALL ROOF DECK AREA FOR USE. AS YOU CAN SEE, THIS AREA WOULD NOT BE PRACTICAL FOR ROOF DECK, AND INSTEAD OF THIS CONSIDERATION, WE OPTED TO PROVIDE A MUCH MORE GENEROUS OUTDOOR COVERED AREA ON THE GROUND FLOOR. WE ALSO FOUND THAT IT WOULD BE MORE COMFORTABLE FOR THE HOMEOWNERS TO JUST COME OUT ON THE GROUND LEVEL VERSUS HAVING TO TAKE AN ELEVATOR OR ADD AN ADDITIONAL STAIR UP TO THIS ROOF. [00:25:07] AS MR. LARKIN MENTIONED, THE PROPERTY COULD CHANGE OVER YEARS AFTER THE USE OF THE COURT. THERE IS A POSSIBILITY FOR EITHER THE CURRENT HOMEOWNER OR A FUTURE HOMEOWNER TO EASILY ADD SQUARE FOOTAGE THAT WOULD STILL WORK WITHIN THE PARAMETERS OF THE REQUIRED SETBACKS. HERE WE ARE SHOWING AN ADDED 01,000 SQUARE FEET FIRST FLOOR ADDITION THAT WOULD NOT IMPACT WHAT IS CURRENTLY DESIGNED IN A LARGE WAY, AND THERE WOULD STILL BE SOME LEFTOVER AREA FOR POOL AND GARDEN. SECTION THROUGH THE SITE SHOWING THAT WE ARE MEETING THE 20-FOOT FRONT SETBACK FOR THE FIRST FLOOR LEVEL, AND THIS DIAGRAM DEPICTS THE VARIANCE THAT WE ARE ASKING APPROVAL FOR, WHICH IS THE 20-FOOT SETBACK ON THE SECOND LEVEL. CAN I ADD ANOTHER THREE MINUTES? IS THAT ENOUGH? THANK YOU. HERE ARE THE RENDERINGS TO SHOW YOU THERE MIGHT BE REVISED IMAGES IN YOUR PACKET. THIS WAS A RENDERING SHOWING THE ADDED TRELLIS ON THE GROUND FLOOR, BUT SINCE THIS RENDERING WAS COMPLETED, WE DID WORK VERY CLOSELY WITH STAFF TO ACTUALLY ADD A COVERED PORTION THAT CONNECTS BACK TO THE HOME, ADDING ADDITIONAL VOLUME TO THE PROJECT, AND THIS IS A VIEW OF SITTING UNDER THIS AREA, ENJOYING THE GAME, AND ALSO JUST HAVING AMPLE SPACE FOR OUTDOOR DINING OR OUTDOOR ACTIVITIES. A VIEW FROM THE SECOND FLOOR, AND THIS IS THE NEW IMAGE THAT YOU HAVE IN YOUR PACKET, WHICH SHOWS THE ADDED SOLID STRUCTURE OVER THE TRELLIS THAT DOES CONNECT BACK TO THE HOME, THEREFORE ADDING THE ADDITIONAL VOLUME THAT WAS RECOMMENDED DURING THE LAST HEARING. A SIMILAR VIEW OF THE SIDE YARD, SHOWING AGAIN THE LUSH LANDSCAPING THAT WE ARE PROPOSING, NOT ONLY FOR PRIVACY OF THE HOMEOWNER, BUT ALSO FOR THE BEAUTY OF THE NEIGHBORHOOD, AND LOOKING DOWN FROM THE SECOND LEVEL HERE WITH THE SOLID PORTION OVER THE TRELLIS. BACK FROM THE COURT TO THE HOUSE, AND AN AERIAL VIEW. HERE WE ARE NOT SHOWING THE MATURE TREES JUST SO THAT YOU CAN REALLY TAKE IN THE DESIGN, BUT IN REALITY THERE WOULD BE A REALLY BEAUTIFUL LANDSCAPE BUFFER ON THIS SIDE STREET. AND THAT WOULD BE THE VIEW FROM THE CORNER. THANK YOU VERY MUCH. GREAT. THANK YOU, ELIZABETH. MADAM CHAIR, I'D LIKE TO INVITE MR. TESTER UP TO OFFER A LITTLE BIT OF TESTIMONY TO YOU ALL. THANKS. THREE MINUTES AND A HALF. THANK YOU. GOOD MORNING, EVERYONE. GOOD MORNING. SO YOU'LL REMEMBER I'M RICHARD TESTER. I'M HERE WITH MY WIFE, KIRSTIE TESTER. ALSO WE HAVE A NEIGHBOR WITH US, MICHAEL, WHO IS ALSO A MEMBER OF THE BOARD OF THE HOA ON SUNSET THREE AND FOUR. SO I WON'T RESTATE ALL THE POINTS THAT HAVE JUST BEEN MADE. I THINK FROM MY POINT OF VIEW, I'D JUST LIKE TO REMIND EVERYONE THAT THIS HAS BEEN A HIGHLY, HIGHLY COLLABORATIVE PROCESS. WE'VE BEEN VERY COLLABORATIVE WITH THE NEIGHBORS RIGHT FROM THE OUTSET, VERY COLLABORATIVE WITH THE CITY. AND I'D LIKE TO THANK THE CITY STAFF FOR THE GUIDANCE THEY'VE GIVEN US THROUGH THIS PROCESS. AND HOPEFULLY YOU SEE THAT WE'VE ATTEMPTED TO THE BEST OF OUR ABILITY TO LISTEN TO YOUR FEEDBACK FROM A MONTH AGO AND REALLY TAKE THAT ON BOARD WITH THE DESIGN HERE. I WOULD ALSO LIKE TO REMIND EVERYONE THAT THIS REALLY IS A CHALLENGED LOT. THE SETBACKS, BECAUSE OF THE NATURE OF THE CORNER LOT, IT REALLY IS A CHALLENGED LOT. AND THIS IS ONE OF THE REASONS THAT THE LOT WAS SAT THERE EMPTY FOR FIVE OR SIX YEARS. NO ONE WAS GOING TO BUY THAT LOT BECAUSE OF THE SETBACKS. AND OF COURSE, THAT'S PART OF THE REASON THAT WE'RE ASKING FOR THE VARIANCE TODAY. SO I REALLY HOPE THAT THAT CAN BE TAKEN INTO ACCOUNT. IN TERMS OF USAGE OF THE LOT, AGAIN, THE HOUSE IS GOING TO GET THE VAST, VAST MAJORITY OF THE USE. I MEAN, I THINK I CALCULATED IN TERMS OF THE PADDLE COURT, OVER THE COURSE OF A YEAR, WE MAY USE IT LIKE 1% OF THE TIME OVER THE COURSE OF A YEAR VERSUS THE HOUSE, WHICH IS GOING TO, OBVIOUSLY, PEOPLE ARE GOING TO SPEND MUCH MORE TIME IN. SO WE THINK THAT'S RELEVANT. THE HOUSES ON THE INTERIOR OF SUNSET 3, WE SHOWED THREE EXAMPLES THERE OF HOUSES THAT ARE 1,800 SQUARE FEET. SO THIS ISN'T WILDLY OUT OF KEEPING WITH THE INTERIOR LOTS. [00:30:02] AND I THINK THE SETBACK IS CONSISTENT WITH THAT. AND I GUESS FINALLY, I'D LIKE TO REITERATE THE POINT MR. GOLDBERG MADE AT THE LAST MEETING THAT WE GENUINELY BELIEVE THIS PROJECT JUST MAKES SENSE. I THINK IT MAKES SENSE FOR THE STREET. IT MAKES SENSE FOR US. IT MAKES SENSE FOR THE ISLAND, THE COMMUNITY. AND WE REALLY HOPE THAT YOU CAN BE SUPPORTIVE OF IT TODAY. THANK YOU FOR HEARING US. I'M GOING TO OPEN TO PUBLIC COMMENT. ANYONE? OH, MICHAEL'S HERE. HI, LONG TIME NO SEE. YES. HI, I'M MICHAEL GENURA. I LIVE AT 1550 WEST 21ST. IT'S ABOUT ONE HOUSE OVER FROM THE LOT. I SPOKE BRIEFLY BY ZOOM AT THE LAST MEETING AND JUST WANT TO VERIFY A LOT OF THE STATEMENTS MADE BY THE ATTORNEY THAT THE LOT HAS BEEN A NUISANCE FOR MANY YEARS WITH CONSTRUCTION, PARKING, A LOT OF TIMES THE LARGER HAUL-OFF DUMPSTERS WERE PUT ON THE LOT BECAUSE IT COULDN'T FIT ON CONSTRUCTION SITES. SO THERE'S BEEN TRASH, CONSTRUCTION WORKERS HANGING OUT AFTER WORK, HAVING A BEER IN THE LOT. SO IT'S REALLY REFRESHING TO MYSELF AND MY WIFE, AS WELL AS ALL OUR NEIGHBORS, TO SEE A PROJECT LIKE THIS. YOU KNOW, EVERY TIME YOU SEE A HOUSE GO DOWN, YOU GET KIND OF WORRIED THAT IT'S GOING TO BE AN OVERBUILT, LOW-BUDGET TYPE PROJECT THAT SOMEBODY'S GOING TO JUST TRY TO MAKE SOME MONEY ON AND MAY NOT BE THE NICEST THING FOR THE NEIGHBORHOOD. SO WHEN RICHARD SHARED HIS PLANS WITH US AND OUR NEIGHBORS AROUND US, THE CONSENSUS WAS RELIEF THAT WE'RE GOING TO ACTUALLY HAVE SOMETHING THAT'S INTERESTING, THAT'S NOT TOO BIG FOR THE LOT, AND REALLY JUST SOMETHING THAT'S GOING TO BE ATTRACTIVE. OBVIOUSLY, HE'S GOT A TOP-NOTCH ARCHITECT DOING IT, AND THE GENERAL CONSENSUS IN THE NEIGHBORHOOD IS POSITIVE AND EVERYBODY WANTS IT. SO I JUST WANTED TO VERIFY THAT FROM THE NEIGHBORHOOD SIDE. THANK YOU. I'M NOT SURE IF ANYONE ELSE IS HERE TO SPEAK IN THE CHAMBERS OR ON ZOOM. ANYONE ON ZOOM? THERE ARE NO HANDS RAISED ON ZOOM. THAT'S IT, MADAM CHAIR. YOU'RE DONE? YEAH, ALL DONE. OKAY. QUESTIONS TO THE BOARD? IF YOU COULD FORMALLY CLOSE THE PUBLIC HEARING. SORRY. CLOSE TO PUBLIC HEARING, AND NOW I'D LIKE TO HEAR FROM THE BOARD. ANY QUESTIONS FROM THE BOARD? NO ONE? A COMMENT. BEAUTIFUL. WOW. I MEAN, I WAS READY TO APPROVE IT LAST MONTH, BUT I REALLY LOVE IT. I CAN'T WAIT TO SEE IT. AND THIS IS MY LAST MEETING, SO I CAN COME SEE IT. THANK YOU AGAIN FOR THE TIME, AND YOUR PERSONAL EFFORT IN COMING IN MEANS A LOT. IT DOESN'T HAPPEN A LOT WHEN WE HAVE A HOMEOWNER COME IN, BRING A NEIGHBOR. LETTERS OF SUPPORT ARE ALWAYS IMPORTANT. AND I AGREE TO EVERYTHING YOU SAID, MR. TESTER, THAT THIS IS REALLY GOING TO HELP THE NEIGHBORHOOD, AND THAT'S WHY THERE'S NO ONE THAT HAS COME AND EVERYONE'S BEEN NOTICED TO CONTEST THIS. YOU'VE INVESTED A SIGNIFICANT AMOUNT OF MONEY IN YOUR OWN HOME ACROSS THE STREET, AND IN THIS LOT, AND WHAT YOU'VE DONE, REALLY. YOU KNOW, WE THANK YOU FOR BELIEVING IN MIAMI BEACH AND THE INVESTMENT YOU'VE MADE. THANK YOU. QUESTION FOR THE CITY. YOU'RE NOT AWARE OF ANY OPPOSITION TO THIS? NO, WE HAVEN'T RECEIVED ANY OPPOSITION LETTERS, OR EMAILS. I THINK THERE WAS AN OPPOSITION LETTER I THINK THERE WAS A MENTION IN THE BEGINNING THAT THERE'S SOME REVISED TERMS FOR THE ORDER. WHAT ARE THOSE? LIKE, WHAT'S CHANGED AS FAR AS THE TERMS? THEY'VE ADDED A CONDITION REQUIRING THAT THE PROPOSED TRELLIS ACTUALLY BE CONSTRUCTED. THEY'VE REVISED THE TIMES, SO THEY REQUIRE THE PADDLE COURT SHALL NOT BE USED BETWEEN THE HOURS OF 8 P.M. AND 8 A.M. SEVEN DAYS A WEEK. ADDITIONALLY, ALL LIGHT FIXTURES ASSOCIATED WITH THE PADDLE COURT SHALL BE TURNED OFF BETWEEN 8 P.M. AND 8 A.M. UNLESS FURTHER RESTRICTED BY, AND THEN STAFF IS RECOMMENDING THAT WE ADD UNLESS FURTHER RESTRICTED BY CITY CODE, IN WHICH CASE, THE MORE RESTRICTIVE REGULATIONS SHALL APPLY. THEY'VE ADDED THAT THE PADDLE COURT LIGHTING SHALL BE DESIGNED IN A MANNER SIMILAR TO THOSE INSTALLED AT THE INDIAN CREEK COUNTRY CLUB, BUT RESTRICTED IN THE PHOTOGRAPHS ATTACHED AS EXHIBIT A. [00:35:02] ACTUALLY, WE FORGOT TO, WE DIDN'T INCLUDE THOSE IN THE DRAFT ORDER. WE WILL ADD THOSE TO THE DRAFT ORDER, BUT THOSE ARE LIGHTING FIXTURES THAT BASICALLY RUN AGAINST THE EDGE OF THE WALL STRUCTURE, RATHER THAN BEING ON A POLE, A SEPARATE POLE STRUCTURE THAT AIMS DOWN AT THE COURT, SO THAT'S LESS IMPACTFUL ON THE NEIGHBORS. THE LIGHTS ARE LOWER ON THE STRUCTURE, SO IT DOESN'T IMPACT NEIGHBORS, AND THERE'S LESS LIGHT SPILLAGE. THEY'VE ADDED THAT NOISE ATTENUATION PANELS SHALL BE SECURED TO THE WALL OR FENCE TO ENHANCE THE SOUND BARRIER BETWEEN THE PROPERTIES IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF. THE APPLICANT SHALL CONSTRUCT A PERIMETER WALL OR FENCE MEASURING SEVEN FEET TALL ALONG THE REAR AND SIDE INTERIOR LOT LINES OF THE APPLICANT'S PROPERTY, MEASURED FROM GRADE IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF. THE PADDLE COURT SURFACE SHALL USE 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. THE APPLICANT SHALL APPROVE ACOUSTICAL BARRIERS ALONG THE PADDLE COURT WALLS OR USE NOISE DAMPENING TEMPERED GLASS FOR ALL OF THE PADDLE COURT'S GLASS SURFACES IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF. SO THOSE ARE THE CONDITIONS. SOME OF THEM ARE SIMILAR TO THE PADDLE COURT THAT WAS APPROVED LAST MONTH, SO THEY'RE INTENDED TO MINIMIZE IMPACTS ON NEIGHBORS SO THAT THE COURT ONLY GETS USED DURING DAYTIME HOURS, LIGHT DOESN'T SPILL, SOUND IS CONTAINED, AND ACTUALLY ENSURE THAT THE HOME BE CONSTRUCTED IN A WAY THAT PROVIDES FOR ADDITIONAL USABLE SPACE IN THE BACKYARD. THAT SOUNDS REALLY GOOD. WHAT'S THE STORY WITH THE LIGHTS HAVE TO BE OFF BETWEEN 8 P.M. AND 8 A.M.? ISN'T THAT THE ONLY TIME YOU WOULD EVER NEED LIGHTS? I GUESS THIS TIME OF YEAR IT GETS DARK AT 5, SO IT'S NOT A PROBLEM. YOU'RE WELCOME. ANY OTHER QUESTIONS? I JUST WANT TO SAY I THINK THAT THE APPLICANT'S EFFORT IN THE DESIGN AND TO PUT YOUR PRESENTATION WAS GREAT, AND YOUR INTENT SEEMS TO BE COMPLETELY ALIGNED WITH THE NEIGHBORHOOD AND EVERYONE'S ON BOARD. MADAM CHAIR, CAN I MAKE A RECOMMENDATION BECAUSE WE DO HAVE A SHORT BOARD AND WE NEED FIVE VOTES. OKAY. I'M GOING TO PRESENT THIS TO JUST CALL A STRONG VOTE. WOULD YOU LIKE TO? YOU CAN POINT OR EVERYBODY CAN... ARE THERE ANY NAYS? ARE THERE ANY NAYS? NO? A MOTION TO APPROVE WITH THE ADDED CONDITION REGARDING THE LIGHTING. I'LL SECOND IT. ANYONE OPPOSE? NO? ALL IN FAVOR? AYE. CONGRATULATIONS. THANK YOU. [5. ZBA25-0192, 1120 Stillwater Drive] WE HAVE ONE NEW APPLICANT. ZBA 250192 STILLWATER DRIVE. THIS APPLICATION HAS BEEN FILED REQUESTING A VARIANCE INSIDE INTERIOR YARD SETBACK TO LEGALIZE THE SUPPORT STRUCTURE OF A FABRIC AWNING ON AN EXISTING HOME. OKAY. SO THIS IS A NEW HOME. IT WAS BUILT IN 2024. THE APPLICANT HAD SUBMITTED PLANS AND OBTAINED A BUILDING PERMIT TO CONSTRUCT THIS AWNING STRUCTURE. AT THE TIME THAT IT WAS APPROVED, IT WAS UNCLEAR WHERE THE SUPPORT COLUMNS WOULD BE. STAFF, WHEN IT WAS APPROVED, BELIEVED THAT THE SUPPORT COLUMNS WOULD ENHANCE THE HOME WITHIN THE REQUIRED SETBACK AND THAT THE AWNING STRUCTURE WOULD BE CANTILEVERED AND ENCROACHING INTO THE SETBACK. THE CODE DOES ALLOW FOR AWNINGS TO ENCROACH INTO SETBACKS UP TO THREE FEET FROM THE PROPERTY LINE. SO THE BUILDING PERMIT WAS ISSUED. SUBSEQUENTLY, THE AWNING STRUCTURE WAS CONSTRUCTED. THE AWNING STRUCTURE ENCROACHED INTO THE SETBACK BY NO FAULT OF THE APPLICANT AND THERE WAS AN ERROR IN THE CONSTRUCTION AND MANUFACTURING OF THE STRUCTURE ITSELF FURTHER INTO THE SETBACK THAN WAS ORIGINALLY APPROVED IN THE BUILDING PERMIT. ADDITIONALLY, IT WAS DETERMINED THAT THE COLUMNS WERE ON THE OUTSIDE SUPPORTING THE STRUCTURE AND THEREFORE THOSE SUPPORT STRUCTURES WERE ENCROACHING INTO THE SETBACK. ONCE THE INSPECTORS WENT OUT TO THE SITE, THEY REALIZED THAT THE STRUCTURE DID NOT COMPLY WITH THE PLANS AS ORIGINALLY APPROVED AND AFTER THE FACT VARIANCE. REQUIRING THE APPLICANT TO TEAR DOWN THE STRUCTURE, BUILD A NEW ONE, WOULD BE A SIGNIFICANT HARDSHIP ON THE APPLICANT. THE AWNING STRUCTURE, [00:40:01] IF IT WERE CONSTRUCTED IN A SLIGHTLY DIFFERENT FASHION, WOULD BE IN COMPLIANCE WITH THE CODE AND THEREFORE STAFF DOES RECOMMEND THAT THIS VARIANCE BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER. STAFF HAS NOT FOUND ANY NEGATIVE ISSUES. WE HAVEN'T RECEIVED ANY OPPOSITION LETTERS. WE DON'T THINK THAT THERE'S ANY NEGATIVE IMPACTS ON THE NEIGHBORS BECAUSE OF THE STRUCTURE SO STAFF HAS NO CONCERNS IN THAT REGARD. SO WITH THAT, STAFF RECOMMENDS THAT IT BE APPROVED. ALL RIGHT. ANY DISCLOSURES BEFORE WE BEGIN TO PRESENT? HI. I THINK WE RODE THE ELEVATOR TOGETHER. I'M SORRY? IT WAS A GREAT RIDE. PLEASE STATE YOUR NAME AND ADDRESS. MY NAME IS LLOYD WARMAN, W-A-R-M-A-N. I'M THE OWNER OF 1120 STILLWATER DRIVE AND GOOD MORNING, BOARD. THANK YOU FOR HEARING MY APPEAL TO LEAVE THE STRUCTURE AS BUILT AND WE HAVE A FEW SLIDES THAT WE CAN ZIP THROUGH. I'VE NOT GIVEN A PRESENTATION FOR PROBABLY 20 YEARS IN MY MID-60S SO LET'S SEE HERE. GIVE US ONE MOMENT AS THE PRESENTATION IS GOING TO BE LOADED UP. HOW DO I GET THIS THING TO... IT'S NOT LOADED YET. IT'LL LOAD IN A MOMENT. YOU HAVE TO WAIT. AYE YI YI. THEY'RE WORKING ON IT. LLOYD, YOU HAVE TO WAIT. THEY'RE WORKING ON IT. THEY'LL PUT IT ON THE SCREEN. YOU CAN COME AND OPERATE THE THING. THEY'LL PUT IT ON THE SCREEN AND THEN YOU'LL BE ABLE TO CONTROL IT. RIGHT. THE OTHER GUY HAD IT OPERATED. SO I HAVE A QUESTION WHILE WE'RE WAITING FOR THE SCREEN, THOSE SHADES. IS IT 10 MINUTES? I HAVE 10 MINUTES TO PRESENT. IS THAT THE IDEA? WE STOPPED THE CLOCK SO THAT IT DOESN'T RUN WHILE WE ADDRESS THE TECHNICAL ISSUES. YOU KNOW WHAT I COULD DO TO SAVE SOME TIME? I COULD SKIP TO THE END AND TELL YOU WHY I BUILT THIS HOUSE IN THE FIRST PLACE. IT'S A PROTOTYPE HOME THAT LISA AND I DESIGNED TO SUIT PEOPLE THAT WANTED TO AGE IN PLACE IN A SAFE AND COMFORTABLE MANNER AND AS SUCH, THERE ARE SOME VERY, VERY IMPORTANT THINGS AND THERE ARE SOME VERY, VERY UNIQUE ASPECTS TO THE HOME. SO THAT WAS ONE GOAL. THE OTHER GOAL WAS TO MAKE IT VERY RESPECTFUL OF THE ENVIRONMENT, I.E. GREEN AND I'VE BEEN PUSHING ON THAT FOR MANY YEARS. IN FACT, MY GRANDSON IS IN THE THIRD YEAR AT UC BERKELEY STUDYING ENVIRONMENTAL SCIENCE SO IN THIS FIRST SLIDE, IT JUST SHOWS THE LETTERS OF SUPPORT THAT WE HAVE FROM THE NEIGHBORS. THE SUBJECT PROPERTY IS SHOWN IN RED. WE DID PUT ONE LETTER OF SUPPORT AS A SAMPLE IN THE NEXT SLIDE BUT THERE WERE EIGHT LETTERS OF SUPPORT. I BELIEVE THE BOARD HAS FIVE OF THEM. THREE MORE CAME IN AFTER THE DEADLINE. THE SAMPLE IS FROM THE ONLY NEIGHBOR THAT CAN SEE THIS SHADE STRUCTURE AND THAT IS MARK AND DIDI WHITEHORN. DIDI, AS YOU PROBABLY KNOW, WAS A COMMISSIONER A FEW YEARS AGO. NEXT SLIDE. THE THREE POSTS IN QUESTION ARE [00:45:03] SHOWN HERE AND THE GOAL WAS TO BE ABLE TO HAVE AN AWNING THAT WENT OVER THE POOL AND AS WELL PROVIDED SHADE FOR ALL THE GLASS WINDOWS, FLOOR TO CEILING GLASS WINDOWS ON THE BOTTOM FLOOR. THE, THAT'S OKAY, YOU CAN GO TO THE NEXT ONE. THIS WAS WHAT WAS APPROVED BY THE PLANNING DEPARTMENT AND THE CORNER, IT'S HARD TO SEE FROM HERE, BUT IS 5.1 FEET ONE INCH FROM THE PROPERTY LINE AND THAT WAS APPROVED. HERE'S A LITTLE BETTER SLIDE OF WHAT HAS HAPPENED. SO THE FIVE FOOT ONE IS SHOWN THERE IS THE APPROVED SETBACK. WE WOUND UP AT FOUR FOOT TWO INCHES WITH THE POSTS IN PLACE AND THAT MISTAKE WAS A LITTLE BIT OF EVERYBODY'S FAULT. BUT THE GENERAL CONTRACTOR, MUCH TO EVERYBODY'S SADNESS, RIGHT AT THIS TIME, IN FACT, I REMEMBER NOVEMBER 8TH OF LAST YEAR, WAS KILLED BY A BUS IN MIAMI BEACH AS HE GOT OUT OF HIS CAR. SO HE WAS INSTANTLY KILLED AND THAT LEFT THE WHOLE PROJECT FLOATING. SO WE WENT ON AS BEST WE COULD AND THE NEXT SLIDE SHOWS WHAT WE'VE SUBMITTED AS AN AS-BUILT AND WE WOULD JUST ASK THAT WE BE ALLOWED TO LEAVE IT AS BUILT. NOBODY HAS EVER COMPLAINED THAT THE HOME ADDS TO THE VALUE OF ALL OF THE NEIGHBORS BECAUSE OF THE WAY IT'S CONSTRUCTED AND I WOULD HOPE HAD HOPED AND CONTINUE TO HOPE THAT IT'LL SET AN EXAMPLE FOR CITIES AND OTHER BUILDERS, ARCHITECTS, ENGINEERS ON HOW TO BUILD FOR PEOPLE THAT WANT TO AGE IN PLACE AND BUILD GREEN AT THE SAME TIME. NEXT SLIDE. TO TEAR IT DOWN WE WOULD HAVE TO TAKE THE SUPPORT STRUCTURE WHICH WAS FABRICATED USING NC MACHINES SO IT'S VERY, VERY PRECISE AND VERY STRONG AND FIELD RETROFIT FIVE OF THE HORIZONTAL MEMBERS AND THAT'S A LITTLE BIT RISKY IN TERMS OF THE STRENGTH OF THE STRUCTURE ESPECIALLY WITH THE WINDS THAT COME UP AS IT BUILT ON THE WATER. THE FOOTINGS OF THE THREE POSTS WOULD HAVE TO BE MOVED AND THAT'S A REAL STRUGGLE THE LOT HAS BEEN RAISED THREE FEET AND THE SEAWALL THREE FEET SO WE HAVE RETAINING WALLS DOWN BOTH SIDES SO WE'RE THREE FEET HIGHER THAN THE ADJOINING PROPERTIES AND THEN THERE'S A 90 FOOT FRENCH DRAIN ON EACH SIDE TO MAKE SURE WATER DOESN'T GO OVER TO ANYBODY'S PROPERTY ANOTHER 30 FOOT FRENCH DRAIN ON THE FRONT OF THE PROPERTY BUT WITH ALL OF THE SPACE THAT'S FACING THEN BESIDE THE POOL THERE ARE ALL OF THE PLUMBING PIPES FOR FOUNTAINS THAT COME UP OUT OF THE COPING ALONG THE POOL AS WELL AS ALL OF THE WIRING THROUGH THE ALL THE CONDUITS ARE THERE SO WE REALLY DON'T HAVE ANY ROOM TO MOVE THE FOOTING WITHOUT TEARING OUT ALL OF THE PLUMBING ALL OF THE CONDUITS AND STARTING OVER FROM SCRATCH SO IT'S WOULD BE A HECK OF A BIG PROBLEM AND THEN IF THERE ARE ANY QUESTIONS HAPPY TO ANSWER THEM WHAT I WOULD LIKE TO SAY IS A FEW WORDS ABOUT WHY I BUILT THE HOUSE I STARTED WITH THAT THE IDEA OF BUILDING THE HOME IS AS I SAID TO TO BUILD SOMETHING THAT IS BUILT FOR AGING IN PLACE AND THAT HAS MANY ASPECTS TO IT THE HOME IS ADA CONVENIENT THAT IS THERE IS NO GRADES EVEN WITH THE RAISED LAND THERE ARE NO GRADES GREATER THAN 1 IN 12 SO MY GOAL WAS SOMEONE IN A WHEELCHAIR FROM THE FRONT SIDEWALK COULD GET UP [00:50:01] INTO THE HOUSE AND THEN EXIT THROUGH THE BACK DOOR AND SINCE WE'RE GOING TO PUT IN AND YOU'LL BE SEEING A PERMIT REQUEST FOR THAT A FLOATING DOCK YOU HAVE TO GET DOWN FROM THE SEAWALL ONTO THE FLOATING DOCK AND THAT'S ALL BEEN ENGINEERED NO PROBLEM THE THE OTHER GOAL IS THAT THE ENTIRE HOME WILL BE UNDER VOICE CONTROL AND NOT VOICE CONTROL THAT USES THINGS LIKE SIRI OR ALEXA WE DID OUR OWN VOICE RECOGNITION MY BACKGROUND IS I HAD A SOFTWARE COMPANY FOR 19 YEARS IN SILICON VALLEY AND THAT WAY WHEN WE LOOKED AT THE POPULATION THAT WOULD USE THIS AS AN EXAMPLE GOSH MANY OF THEM NOT ONLY DON'T KNOW HOW TO RUN A COMPUTER THEY DON'T EVEN KNOW HOW TO RUN THEIR CELL PHONE SO VOICE CONTROL WAS MANDATORY AND I DIDN'T WANT TO HAVE TO RELY ON THE INTERNET TO DO THE VOICE RECOGNITION SO WE DEVELOPED OUR OWN WHICH SHOULD MAKE IT MUCH MUCH EASIER FOR SOMEONE TO AGE IN PLACE AT AN OLDER AGE THEN AS CRAZY AS IT MAY SEEM THEN AS CRAZY AS IT MAY SOUND I WANT TO HAVE A ROBOT OR TWO OR THREE IN THE HOME TO HELP WITH THE MONITORING AND DIRECTION OF SOMEONE THAT'S MAYBE IN A WHEELCHAIR OR JUST NEEDS EXTRA HELP SO WE HAVE TWO ROBOTS RIGHT NOW ONE OF THEM IS IT'S VERY SIMPLE JUST A THING THAT RUNS AROUND THE POOL AND DOES SOME EXTRA SKIMMING AND THE OTHER ONE IS REALLY VERY INTERESTING I BOUGHT IT FOUR OR FIVE YEARS AGO AND IT IS USEFUL FOR YOU CAN TELL IT WHERE TO GO IT CAN FOLLOW PEOPLE IT CAN PLUG IN ITSELF HAS HIGH RESOLUTION CAMERAS ON IT BUT THAT'S KIND OF WHERE IT ENDS BUT IT'S FOUR OR FIVE YEARS OLD SO WHAT WE'RE DOING IS WE'RE TAKING THE HIGH RES IMAGES FROM THE CAMERAS AND THROUGH THE WIFI IN THE HOME SENDING THEM TO A HUGE COMPUTER THAT WE HAVE THAT RUNS THE HOME AND IT'LL DO IMAGE RECOGNITION SO PEOPLE THAT HAVE TO TAKE THEIR MEDS THE ROBOT WILL FOLLOW THEM IT'LL WATCH THEM TAKE THE MEDS AND THE IMAGE RECOGNITION WILL DETERMINE IF THEY'RE TAKING THE RIGHT MEDS AT THE RIGHT TIME AND SO ON IN FACT THAT'S GOING TO GROW TO WATCHING PEOPLE EAT AND DETERMINE IF THEY'RE EATING THE RIGHT FOOD AND SO ON WHAT ELSE DO WE HAVE HERE OH YES THE BIGGIE THIS IS GOING TO TAKE ANOTHER FOUR OR FIVE MAN YEARS OF SOFTWARE DEVELOPMENT BECAUSE I WOULD REALLY REALLY LIKE TO BE ABLE TO PREDICT THE EARLY ONSET OF DEMENTIA WHICH IS JUST A TERRIBLE TERRIBLE THING THE EARLY ONSET OF SOME FORMS OF HEART DISEASE AND SOME OTHER AILMENTS AND TO THAT END WEARING JUST AN APPLE WATCH AND TAPPING INTO WHAT APPLE HAS SPENT MANY MANY MILLIONS OF DOLLARS ON THEIR HEALTH APP AND LOOKING FOR TRENDS WE WILL BE ABLE TO GIVE THE INHABITANTS INDIVIDUALLY TESTS FOR MENTAL ACUITY FOR PHYSICAL CAPABILITY AND IT'S SOMETHING THAT I'M FAIRLY USED TO I WAS THE VP OF ENGINEERING IN THE MID 70S AT ATARI AND WE WERE WORKING ON THAT KIND OF THING IN THOSE DAYS SO THAT'S KIND OF IT THE ON THE GREEN SIDE YOU KNOW BEING GREEN ONE HAS TO LOOK FOR A LITTLE BIT OF A DEFENSE AGAINST RISING SEA LEVELS SO YOU KNOW WE HAVE TO ADAPT TO THAT AND I THINK WE'VE DONE A REASONABLY GOOD JOB OF THAT WE'VE RAISED THE LAND THREE FEET SO THAT'LL GET US TO THE END OF THE CENTURY THE GARAGE JUST IS A AN AMUSING THING IS STRUCTURED TO WITHSTAND 200 MILE AN HOUR WINDS AND ALL OF THE EQUIPMENT USED FOR THE WATER CLEANING AND FOR THE BATTERY STORAGE IS ALL ON THE SECOND FLOOR OF THE GARAGE AND THEN IS BROUGHT [00:55:01] TO THE HOME THROUGH HERMETICALLY SEALED CONDUITS AND PIPES SO IT'LL THE HOME WILL WITHSTAND 12 TO 14 FOOT TIDAL WAVE AND STILL BE OPERATIONAL ON THE SECOND FLOOR BY ADAPTING WE'VE MADE THE HOME SO THAT IT REALLY DOES PERFORM WELL WHEN IT COMES TO MINIMIZING ENERGY TO CREATING WE HAVE FOUR SOURCES OF WATER JUST OUT OF TIME I DON'T KNOW IF YOU NEED TO WRAP UP OR I'M UP OKAY OKAY THANK YOU I'M OPEN TO PUBLIC COMMENT I DON'T KNOW IF ANYONE'S HERE IN THE CHAMBERS OR ON ZOOM NO ONE IS ON ZOOM OKAY I'LL CLOSE THE PUBLIC COMMENT ANY QUESTIONS FROM THE BOARD YEAH I GUESS MY QUESTION IS WAS IT THE FLOATING DOCK OR WAS THERE WHAT CAUSED THIS TO COME TO LIGHT THAT IT WAS THAT YOU HAD A FEW THINGS OUT OF VARIANCE I'M SORRY WHAT WAS WHAT CAUSED THE FLOATING DOCK OR WAS THERE SOMETHING ELSE THAT OH NO I'M JUST SAYING WITH REGARD TO THE FLOATING DOCK WE WILL BE MAKING A PERMIT REQUEST FOR BUT WHY ARE YOU HERE WHAT MADE YOU REALIZE THAT THIS WASN'T IN COMPLIANCE IT HAPPENED AS PART OF THE FINAL INSPECTION WE HAVEN'T SUBMITTED THE PLANS OKAY SO THIS IS JUST IT WAS BUILT DIFFERENTLY THAN WHAT THE PERMIT APPROVED AND SO THAT'S WHY THEY NEEDED THE AFTER THE FACT VARIANCE YEAH WE HAVEN'T STARTED BUILDING THE DOCK OKAY YEAH NO I UNDERSTAND NOW SO IT'S REALLY THE CONTRACTOR THAT KIND OF MESSED UP TO SOME DEGREE OKAY ANYTHING ELSE IT WAS BUILT IN 2024 IT WAS RECENTLY BUILT THE HOUSE RIGHT 2024 SO IT'S FUNNY YOU BOUGHT THE HOUSE FROM ESTELLE WRITER SO THE OLD HOUSE THAT WAS THERE I WAS THERE A LOT GROWING UP AS A KID BECAUSE I WAS FRIENDS WITH ESTELLE AND SAM'S KIDS LAUREN AND AUBREY AND ALL THAT SO YOU KNOW AND I FINANCED A WE DID A COUPLE CONSTRUCTION LOANS WITH SOMEONE WHO BOUGHT A HOUSE KNOCKED IT DOWN AND BUILT IT AND IT WAS IT WAS TIGHT BUT IT'S A GREAT AREA THAT WHOLE STREET AS YOU KNOW IS CHANGING AND WILL CONTINUE TO CHANGE PEOPLE WILL CONTINUE TO BUY THE OLDER HOUSES KNOCK THEM DOWN AND CONSTRUCT SO IT'S GREAT AND I APPRECIATE YOU DOING THAT. THANK YOU. THANK YOU. JUST FOR CITY I MEAN THERE'S A CITY AND WE MAY HAVE SPOKEN ABOUT THIS BEFORE BUT DO THEY HAVE ANYTHING THEY CAN DO AGAINST THE CONTRACTORS IT SEEMS LIKE THEORETICALLY CONTRACTORS COULD DO SOMETHING, AND THEN IF IT'S, YOU KNOW, THEN IT'S LIKE, WELL, WE DON'T WANT TO HOLD HOMEOWNERS ,BUT IT SEEMS LIKE ALMOST A LOOPHOLE IN SOME,SOME EXTENT, YOU KNOW, TO MAKE SMALL VARIANCES. YOU KNOW, THE, THE BUILDING DEPARTMENT DOES HAVE ENFORCEMENT MECHANISM THAT THEY THEY DO USE WHEN THESE ARE CONSISTENT I THINK IN THIS CASE WE HAVE A SAD SITUATION WHERE THE CONTRACTOR PASSED AWAY UNFORTUNATELY BUT YES THE CITY DOES HAVE THE BUILDING DEPARTMENT SPECIFICALLY DOES HAVE MECHANISMS FOR CONTRACTORS THAT MAKE MISTAKES SUCH AS THAT. IT'S ALSO OVER AT THE COUNTY, COUNTY BOARD. IF YOU HAVE COMPLAINT AGAINTS THE CONTRACTOR, YOU WOULD GO THERE, BUT THAT WOULDN'T SOLVE THE PROBLEM WITH SOME OF THE ISSUES THAT WERE RAISED AS FAR AS THE RELOCATION OF OF THOSE PUMP COLUMNS. YEAH, AND I'M NOT SUGGESTING THAT, BUT I'M SAYING IT ALMOST SEEMS LIKE ON PURPOSE, A CONTRACT, OR EVEN THE APPLICANT, NOT IN THIS CASE, BUT THEY COULD SAY WE REALLY WANT A LITTLE BIT MORE, BUT LET'S GET THIS PERMIT AND THEN WE'RE JUST GOING TO DO IT ON OUR OWN AND WE'RE GOING TO BLAME THE THE CONTRACTOR. IF THERE'S NO FALLBACK AGAINST THE CONTRACTOR, WHICH YOU'RE SAYING THERE CAN BE, YOU KNOW, THEN IT'S ALMOST LIKE A PLANNING IDEA. NOT SUGGESTING IT TO ANYONE LISTENING, BUT YEAH, IM JUST A LITTLE CONFUSED. THESE THREE POSTS SEEM NECESSARY FOR THIS CANTILEVER, THIS THING TO STAY UP. SO IT DOESN'T SEEM, I MEAN, I'M NOT AN ARCHITECT. BUT IT DOESN'T SOUND TO ME AS A LAYPERSON LOOKING AT THIS, THAT THE CONTRACTOR JUST DIDN'T FOLLOW THE PLANS. IT SEEMS LIKE THE PLANS MIGHT HAVE BEEN, THE PLANS DIDN'T HAVE THESE THREE POST AT ALL. [01:00:01] ALTHOUGH THEY HAD THEM CLOSER TO THE HOUSE. I MEAN,THEY SHOWED THE SUPPORT STRUCTURES, BUT THE SITE PLAN DIDN'T ACTUALLY STATE WHERE THE POSTS WOULD BE. SO WHEN THE PLANNER WAS LOOKING AT THEM, I SPOKE TO THE PLAN REVIEWER. HE BELIEVED THAT THEY WERE UP AGAINST THE HOUSE AND CLOSER TO THE HOUSE WHEN HE WAS APPROVING THE PERMIT. SO THE CITY APPROVED PLANS THAT DIDN'T SAY WHERE THE POSTS WERE GOING TO BE? YEAH. IS THAT A PROBLEM? YEAH. OK. ALL RIGHT. THAT BEING SAID, IT WAS STILL CONSTRUCTED DIFFERENTLY THAN THE PLANS BECAUSE THE PLANS INDICATED THAT THERE WOULD BE A FIVE FOOT SETBACK AND THE STRUCTURE WAS BUILT CLOSER TO THE SETBACK THAN THOSE ORIGINAL PLANS. BUT SO, YES. I HEAR YOU. THE ISSUE THAT WE'RE PRESENTED WITH IS WHERE THE POSTS ARE. AND IT SEEMS LIKE THE GENESIS TO A DEGREE OF THAT IS THAT THEY NEVER SAID WHERE THE POSTS WERE GOING TO BE. I ALSO JUST NEED TO COMMENT. THANK YOU. THIS IS VERY IMPRESSIVE. IT'S A VERY COOL THING YOU'RE DOING CONCEPT. AND IF THERE WAS A ROBOT FOLLOWING ME AROUND WATCHING WHAT I WAS EATING, I'D BE IN A LOT OF TROUBLE. SO I'M JUST GOING TO KEEP MY DISTANCE. CONGRATULATIONS ON THE PROJECT. ANYONE ELSE? IS THERE SOMETHING YOU WANT TO SAY? NO. ALL RIGHT. WELL, I'LL CLOSE. WE HAVE A MOTION. MOTION TO APPROVE. SECOND. MOTION PASSES. ALL IN FAVOR? AYE. AYE. OPPOSED? NO. MOTION PASSES. SORRY. CONGRATULATIONS. THANK YOU. YOU MADE MY DAY. DO YOU WANT TO SEE THE ROBOT? EVERYBODY'S WELCOME TO COME AND VISIT. IT'S A MAGICAL PLACE. AND IF YOU COME VISIT THE HOUSE, YOU'LL SEE LLOYD KEPT THE ORIGINAL DOOR OF THAT HOUSE, THE OLD HOUSE. OH, REALLY? YEAH. IT'S ACTUALLY DISPLAYED AS AN ART PIECE INSIDE THE HOME. THAT'S INTERESTING BECAUSE THE WHOLE HOUSE HAS TO BE IMPACTED. THAT FRONT DOOR IS PROBABLY NOT AN IMPACT DOOR. SO HE KEPT THE ORIGINAL DOOR? WE KEPT THE ORIGINAL DOOR BECAUSE IT WAS A VERY ARTISTIC DOOR. IT WAS KIND OF SEE-THROUGH WITH THIS CHINESE-INSPIRED ART IN THE ACTUAL DOOR. IT WAS WOOD. DO YOU KNOW THE WRITERS? BECAUSE LAUREN STILL LIVES THERE. THE KIDS LIVE ON STILLWATER STILL. THEY STILL LIVE THERE. TWO OF THE KIDS STILL LIVE THERE. THEY BOUGHT HOUSES ON STILLWATER. THEY'VE LIVED THERE FOR 40 YEARS. I MET HIS SON YESTERDAY BECAUSE WE KEEP GETTING MAIL. SO WE'RE GOING TO SEND THE MAIL DOWN THE STREET. THERE YOU GO. YEAH, BUT I BELIEVE THEY HAVE PASSED AWAY. THAT'S WHY THEY SOLD THE HOUSE. ONE OF THEM PASSED AWAY. THEY DID. BUT WHEN YOU OPEN THIS DOOR NOW, OR SOON WHEN WE FINISH THE ART PIECE, YOU OPEN IT AND YOU'LL SEE AN INFINITY GARDEN. NICE. THANK YOU. HAVE A GREAT DAY. YOU TOO. TRIP WITH MIRRORS. ALL RIGHT. WHAT'S THE NEXT THING? TO PREVIOUSLY APPROVED BOARD ORDER. WE HAVE NO MODIFICATIONS. DISCUSSION ITEMS [FUTURE MEETING DATE REMINDER: March 6, 2026] AND PROGRESS REPORTS. NO DISCUSSION ITEMS. FUTURE MEETING DATE REMINDERS MARCH 6TH. DO YOU KNOW WHAT'S GOING TO BE ON THE AGENDA? WE HAVE, I BELIEVE, TWO APPLICATIONS ON THE MARCH 6TH AGENDA. WE HAVE, UNFORTUNATELY, SO THIS IS MR. GOLDBERG'S LAST MEETING, WE HAVE TWO VACANCIES. SO IF YOU KNOW OF ANYBODY INTERESTED IN JOINING THE BOARD OF ADJUSTMENT, PLEASE LET THEM KNOW. WHEN'S THE NEXT COMMISSION MEETING? IT'S LATER THIS MONTH. THERE'S A COMMISSION MEETING FEBRUARY, DO YOU KNOW THE DATE OF THE NEXT COMMISSION, FEBRUARY 20-SOMETHING? NO, BUT THEY DID HAVE ONE YESTERDAY. I'M NOT SURE IF THEY GOT TO THE APPOINTMENTS OR NOT. THEY DID GET TO THE APPOINTMENTS, BUT NOBODY APPLIED TO BE ON THE BOARD OF ADJUSTMENT. SO IT'S TOWARDS THE END OF FEBRUARY BECAUSE WE HAVE TWO IN THE SHORT RUN. GOT TO DO SOME RECRUITING, MADAM CHAIR. THE 25TH I DID. THE 25TH. I DID SOME RECRUITING LIKE THE FORMER CHAIR DID. BUT THIS IS MY FINAL, FINAL MEETING. FINAL, FINAL MEETING. I HAVE BEEN APPOINTED TO THE CONVENTION CENTER ADVISORY BOARD. IF ANYONE WANTS TO FOLLOW ME, IT'S NOT ON TV. I'LL BE ON THE CONVENTION CENTER ADVISORY BOARD. SO I'M LOOKING FORWARD TO THAT. I ACTUALLY CHAIRED THAT FOR THREE YEARS WHEN I WAS CHAIRMAN OF THE BOARD OF THE CHAMBER IN 2013-16, SO I'M LOOKING FORWARD TO THAT. I HAVE TO SIT OFF THIS BOARD FOR TWO YEARS, BUT LET ME SEE WHAT HAPPENS AFTER TWO YEARS. MAYBE YOU'LL SEE ME COME BACK. THANK YOU. AND IT'S FEBRUARY 25TH, MADAM CHAIR, THE NEXT COMMISSION MEETING. MOTION TO ADJOURN. SECOND. THANKS. HAVE A GOOD WEEKEND. SEE YOU NEXT MONTH. * This transcript was compiled from uncorrected Closed Captioning.