May 01, 2026 Board of Adjustment

03:21. GOOD MORNING EVERYONE, AND WELCOME TO THE MAY 1ST ZONING BOARD OF ADJUSTMENTS MEETING.

[00:00:08]

AND WITH THAT, LET'S GET STARTED WITH ATTENDANCE.

[ATTENDANCE]

MISS MIRMELLLI. HERE. MISS SILVERMAN. HERE. MR. FELLIG. HERE. MR. KREINIK. PRESENT. MR. NAGLER.

HERE. MR. SILVERS. HERE. ALL RIGHT. WE HAVE SIX OF SEVEN MEMBERS PRESENT.

WE DO HAVE A QUORUM. FOR ANYBODY IN THE AUDIENCE PLEASE NOTE THAT YOU WILL NEED FIVE AFFIRMATIVE VOTES IN ORDER FOR ANY VARIANCES TO BE APPROVED.

WE DO EXPECT THE CITY COMMISSION TO APPOINT A NEW MEMBER TO FILL THE BOARD COMPLETELY AT THE NEXT MEETING LATER THIS MONTH.

OKAY, GREAT. LET'S CONTINUE WITH ANY CITY UPDATES.

[CITY ATTORNEY UPDATES]

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 82869615309. ANY INDIVIDUAL WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF THEY ARE USING THE ZOOM APP OR DIAL STAR NINE IF 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, CORPORATION OR ANOTHER PERSON, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE.

YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU ARE SPEAKING ONLY ON BEHALF OF YOURSELF.

IF 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 THOSE WHO ARE TESTIFYING AND WHO ARE PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS.

[SWEARING IN OF PUBLIC]

SO PLEASE RAISE YOUR RIGHT HAND IF YOU WILL BE SPEAKING.

DO YOU SWEAR THAT THE TESTIMONY YOU WILL BE GIVING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU.

THANK YOU. I HOPE EVERYONE HAD A CHANCE TO REVIEW THE MINUTES FROM OUR APRIL 10TH MEETING.

[1. AFTER ACTION REPORT – APRIL 10, 2026 ]

AND I THINK YOU WERE HERE. I WAS HERE. SO I JUST NOTICED IT SAID ABSENT.

THAT'S ALL I HAVE. ON THE MINUTES. YEAH, I THOUGHT SO.

YEAH. AND ACTUALLY STEVEN DAVIS IS LISTED THERE AND HE WASN'T.

NO, HE WAS JUST ABSENT. BUT IT WAS FROM THE TEMPLATE AND I JUST FORGOT TO UPDATE IT.

I WILL CORRECT THAT, I APOLOGIZE. MOTION TO APPROVE THE MINUTES WITH THOSE TWO CHANGES.

DO I HAVE A SECOND. I'LL SECOND IT. ANY OPPOSED? ALL IN FAVOR? MINUTES PASS. THANK YOU. NEXT. I SEE WE HAVE TWO REQUESTS FOR CONTINUANCES.

[2. ZBA22-0143, 125-153 COLLINS AVENUE]

THE APPLICANTS IN BOTH SITUATIONS THINK THAT THEY CAN COME TO AN AGREEMENT ON THE APPEALS AND THAT THERE WILL BE NO NEED TO PROCEED.

SO FOR THE FIRST ITEM THE APPLICANT IS REQUESTING A CONTINUANCE.

WE HAVE ISSUES WITH THE DATE FOR THE JUNE MEETING.

THE FERC COMMITTEE IS TAKING OVER THE DATE OF THE JUNE BOE MEETING.

SO WE CAN EITHER THE BEST SITUATION WOULD BE THAT WE MOVE IT TO THE JULY MEETING.

I DON'T THINK THERE'S ANY OPPOSITION TO MOVE IT TO THE JULY MEETING, WHICH WOULD BE JULY 10TH.

ALTERNATIVELY, THERE ARE ALTERNATIVE DATES THAT WE CAN LOOK AT, BUT IF EVERYONE'S OKAY MOVING IT TO JULY 10TH, THAT WOULD PROBABLY BE THE EASIEST OPTION. FOR ME, THAT'S BEST.

[00:05:04]

DOES ANYONE ELSE HAVE AN ISSUE? I WON'T BE HERE.

THERE'S NO ISSUE MOVING. I'M JUST LETTING YOU KNOW. YOU MAY NOT HAVE.

LET ME SEE WHAT THE DATES ARE FOR JUNE. THE JUNE DATES THAT HE MENTIONED DOESN'T WORK FOR ME, BUT YOU CAN STEP UP. GIVE ME THE GAVEL.

THE 10TH AND THE 12TH. LET ME JUST DOUBLE CHECK.

ARE THEY GOING TO EVEN COME OR IS IT GOING TO BE CONTINUE? I MEAN, THEY'VE BEEN CONTINUING IT. WE HAVE NO NEW APPLICATIONS ON THE JUNE AGENDA.

SO IT WOULD JUST BE ANY ITEMS THAT ARE CONTINUED TODAY.

DID THEY NOT CONTINUE THE COLLINS FOR LIKE A YEAR ALMOST.

SO I DON'T KNOW ABOUT THAT. THEY'RE URGENT TO GET ON THE AGENDA.

YEAH. AND LIKE THEY'RE LIKELY GOING TO SETTLE. SO IT PROBABLY WON'T EVEN BE HEARD. ACCORDING TO THE ACCORDING TO WHAT WE HEAR.

WHY IS THIS EMAIL NOT COMING? OKAY, SO THE OPTIONS ARE. JUNE. YEAH, 10TH AND 12TH, THE DATES THAT I MENTIONED.

SO I DON'T KNOW IF THOSE DATES WORK FOR EVERYBODY, FOR ANYBODY, FOR MOST MEMBERS.

OTHERWISE WE CAN CONTINUE TO JULY AND IF WE NEED TO KEEP CONTINUING.

OKAY. SO 10TH WORKS FOR MAY 12TH DOESN'T. WORKS FOR ME.

THEY WORK FOR YOU? YEAH, JUST NOT ME, BUT JANET.

MR. DO THOSE DATES WORK FOR YOU, MR. SILVERS? JUNE 10TH. YEAH.

SO IT'S UP TO THE BOARD, BUT WE CAN MOVE IT TO EITHER JUNE 10TH OR 12TH.

SO JUNE 10TH, IT SEEMS LIKE WOULD BE THE PREFERABLE ONE. OR WE CAN MOVE IT TO THE JULY MEETING. AT THE PRESENT THERE'S NOTHING ELSE ON THE JUNE.

SO IF THEY CONTINUE IT AGAIN WE JUST WANT THE MEETING. OKAY.

UNLESS THE 605 LINCOLN ROAD. OR DO WE HAVE TO THEN VOTE TO CONTINUE IT? WE HAVE TO COME TO THE MEETING JUST TO VOTE TO CONTINUE IT, OR WE JUST PUT IT ON THE NEXT AGENDA. IF THE MEETING, WE CAN IF THE MEETING GETS CANCELED, THEN IT WOULD AUTOMATICALLY MOVE TO THE NEXT SO MOTION. MOTION TO CONTINUE TO JUNE 10TH. SECOND.

ANY OPPOSED? ALL IN FAVOR? AYE.

SORRY. SORRY. I HAVE A QUESTION ON THAT. SO DO WE JUST, IN EFFECT, MOVE THE JUNE MEETING? YEAH. IN ADDITION TO CONTINUING, WE JUST DID TWO THINGS AT ONCE.

WE WE WILL PUBLISH THAT THE JUNE 10TH THAT THE JUNE MEETING WAS MOVED TO JUNE 10TH.

GIVEN THAT THERE'S NO NEW APPLICATIONS, THERE'S NO MAIL NOTICE THAT WENT OUT WITH AN INCORRECT DATE. THESE ARE CONTINUED ITEMS. SO ANYBODY WHO WAS INTERESTED IN THESE ITEMS WOULD BE LISTENING TODAY AND WOULD KNOW THAT THEY WERE MOVED TO JUNE 10TH.

I'M JUST SAYING I CAN CROSS OFF OF MY CALENDAR JUNE 5TH.

YES. YES. YEAH. THANK YOU. YEAH. THE NEXT CONTINUED ITEM IS 605 LINCOLN ROAD.

[3. ZBA24-0161, 605 LINCOLN ROAD UNIT 800RF]

ALSO AN APPEAL. IN THIS CASE, THE APPLICANT, THE ONE OF THE TENANTS OF THE BUILDING PREVIOUSLY WANTED THE ITEM HEARD. HOWEVER, WE WERE INFORMED THAT BOTH ARE OKAY WITH THE CONTINUANCE AT THIS POINT.

THEY THINK THAT THEY CAN COME TO AN AGREEMENT TO PROVIDE A USE THAT DOESN'T REQUIRE AN APPEAL.

SO THEY ARE ALSO REQUESTING THAT THE ITEM BE CONTINUED.

AND SO WE CAN DO THAT ALSO TO THE JUNE 10TH MEETING.

OKAY. MOTION TO APPROVE. I'LL MAKE THE MOTION.

SECOND. SECOND. SECOND BY MR. KREINIK. ANY OPPOSED? ALL IN FAVOR? AYE. WE HAVE A PREVIOUSLY CONTINUED APPLICATION ZBA

[4. ZBA25-0177, 3010 ALTON ROAD]

THIS APPLICATION HAS BEEN FILED REQUESTING AFTER THE FACT VARIANCES FOR LOT COVERAGE, UNIT SIZE,

[00:10:03]

HI GUYS. PLEASE STATE YOUR NAME AND ADDRESS. BOARD OF ADJUSTMENT.

MY NAME IS CARLOS MARKOVICH. I'M WITH THE LAW OFFICES OF BERCOW RADELL FERNANDEZ LARKIN & TAPANES. OFFICE IS AT 200 SOUTH BISCAYNE BOULEVARD.

WE'RE HERE ASKING FOR CONTINUANCE. WE JUST GOT RETAINED THIS WEEK ON THIS MATTER.

WE'RE LOOKING INTO THE FILE. STAFF HAS ALSO REQUESTED A CONTINUANCE AS PART OF THEIR STAFF RECOMMENDATION.

SO WITH THAT BEING SAID, WE'RE GOING TO BE ASKED TO GET CONTINUED.

JULY 10TH SEEMS FINE SO WE'RE OKAY WITH THAT.

WE'RE LISTENING TO THE DISCUSSION EARLIER. SO JUNE 10TH, JUNE 10TH.

JULY. JUNE, WHICHEVER. SO, BUT THE MORE TIME, THE BETTER FOR US.

WE LITERALLY JUST GOT RETAINED THIS WEEK. SO. THERE'S SOME OTHER PEOPLE AT THE PODIUM.

I THINK WE'RE GOING TO HEAR FROM THEM AS WELL.

ARE YOU TOGETHER? YES. MY NAME IS AUSSIE LIPPMAN.

I'M THE OWNER OF THE PROPERTY. I CAME BECAUSE I WANTED TO TAKE FIVE MINUTES TO SHED SOME LIGHT INTO WHY THIS IS REALLY GOING ON.

I KNOW THAT I WASN'T PRESENT IN THE LAST MEETING.

THE NEIGHBORS WHO ARE PRESENT HERE TODAY, WHO SPOKE IN THE LAST MEETING ARE ACTUALLY PROVIDING YOU WITH A LOT OF FALSE INFORMATION INCLUDING A LETTER THAT WAS SENT TO ROGELIO ALEJANDRO GARBIDO, AND MR. ROTHSTEIN STATING THAT WE WERE TRYING TO INTIMIDATE THEM, ASK THEM THEM TO DROP ANYTHING THAT THEY HAVE FILED WITH THE CITY, AND THEY COPIED YOU GUYS WITH OUR CEASE AND DESIST AND REMOVED PART OF THE LETTER WHERE WE SPECIFICALLY ASKED THEM TO COME TO THE CITY FOR THEIR COMPLAINTS.

THIS WHOLE SITUATION HAS STARTED FOR A PERSONAL REASON.

MR. BORGHINI HERE HAS MADE SEXUAL PASSES AT ME SINCE THE BEGINNING OF MY MOVE THERE.

WE ACTUALLY MOVED OUT OF OUR PROPERTY FOR THE AMOUNT OF HARASSMENT.

YOU HAVE SEVERAL AFFIDAVITS THERE FROM ONCE I MOVE, THEY HARASS THE TENANTS.

THEY HAVE MADE FALSE ALLEGATIONS OF SHORT TERM RENTALS.

WE HAVE ALL THE TENANTS INFORMATION. SO HE HAS NOT ONLY HAD ISSUES WITH ME, HE HAS HAD ISSUES WITH THE TENANT.

HE HAS HAD ISSUES WITH RACISM. ANYTIME A BLACK PERSON COMES, THEY TAKE PICTURES OF.

RIGHT NOW WE ARE RENTING THE HOUSE BECAUSE WE CANCELED THE LEASE WITH THE PRIOR TENANT DUE TO THE ISSUES.

THEY HAVE ALLEGEDLY SAID THIS IS A NICE NEIGHBORHOOD BECAUSE THEY HAD A BLACK GUEST.

THEY HAVE CONSTANTLY ACCUSED US OF SHORT TERM RENTAL.

WHILE I WAS LIVING THERE, THEY CAME, I SHOWED MY ID, MY COUSIN SHOWED HER ID AND PROVED THAT WE WERE BOTH OWNER AND COUSIN OF THE OWNER LIVING THERE. SO THIS HAS COME TO A SITUATION WHERE THIS IS NO LONGER A VARIANCE HEARING.

IT'S BECOME A PERSONAL SITUATION. SO I HAVE ACTUALLY TAKEN THE TIME TO COME DOWN HERE.

EXPLAIN. I'VE SENT A LETTER TO ALL THOSE PEOPLE WHO WERE COPIED IN THEIR FALSE ALLEGATIONS, SAYING, WE ARE TRYING TO INTIMIDATE THEM INTO NOT FILING ANYTHING WITH THE CITY, BUT REMOVING THE PART OF THE LETTER WHERE WE SPECIFICALLY ASKED THEM TO CONTACT THE CITY AND STOP CONTACTING PEOPLE IN OUR PROPERTY.

THEY HAVE TAKEN PICTURES OF THE REALTOR. THEY HAVE APPROACHED THE REALTOR ASKING IF THEY WERE SHORT TERM RENTALS.

THEY HAVE APPROACHED GUESTS OF THE TENANT PRIOR TO ME BEING INVOLVED.

THEY APPROACHED MY SISTER. THEY APPROACH MY PROPERTY MANAGER EVERY SINGLE TIME ACCUSING THEM OF SHORT TERM RENTAL.

THIS IS AN IMPROPER USE OF MY PRIVACY, OF MY PROPERTY.

THEY CANNOT BE TAKING PICTURES. THEY CANNOT BE HARASSING PEOPLE.

THEY CAN COME AND MAKE COMPLAINTS TO YOU GUYS, BUT THEY CANNOT CONTINUE ACTUALLY COMING AFTER EVERY SINGLE PERSON THAT STEPS ON THAT PROPERTY. THIS HAS BEEN A LONG ONGOING SITUATION SINCE 2022.

WE DO PLAN ON RETURN TO THE PROPERTY, BUT THEY ARE THE PRIMARY REASON WHY I MOVED OUT OF MY PROPERTY.

WE DO HAVE A MEDICAL CONDITION. YOU HAVE PLENTY OF DOCUMENTATION THERE.

WE CAN PROVIDE PLENTY MORE FOR OVER 20 YEARS, BOTH THE CHILDREN LIVING IN THE HOUSE ARE ALLERGIC TO GRASS, TO THE POINT THAT YOU WILL SEE BRAIN SWELLING FOR OVER TWO MONTHS.

YOU HAVE ALL THE DOCUMENTATION THERE, AND THE ONLY REASON WE DID THE TURF IS FOR THAT REASON.

IT'S NOT BECAUSE OF AN AESTHETIC REASON, AND MY MEDICAL NEEDS AND THAT OF MY CHILDREN CANNOT BE SUPERSEDED BY A DESIRE OF A CITY TO HAVE A CERTAIN PERCENTAGE OF A CERTAIN AMOUNT OF NATURE.

WE DID DONATE A HEFTY AMOUNT OF MONEY TO THE GREEN SPACE WAS IT?

[00:15:04]

AND WE WERE GOING TO FILE A CIVIL LAWSUIT. WE WERE WAITING FOR THIS TO GET RESOLVED.

SO THIS DIDN'T BECOME A CIRCUS BECAUSE THIS IS A VARIANCE HEARING, NOT A PERSONAL HEARING.

BUT THE PERSONAL MATTERS HERE ARE CONTINUING TO AFFECT THE VARIANCE.

THEY'RE ASKING FOR THINGS THAT ARE NOT CORRECT.

WE HAVE PROVIDED YOU GUYS WITH EVERYTHING FROM THE TURF COMPANY AND A SECONDARY COMPANY THAT HAS CONFIRMED EVERYTHING THAT THE TURF COMPANY ACTUALLY INSTALLED CORRECTLY.

MR. AND MRS. BORGHINI HAVE ACTUALLY GONE TO THE EXTENT OF THREATENING THE PEOPLE THAT ARE MAINTAINING THE TURF TO CALL ICE.

WE HAVE AFFIDAVITS FOR THAT. SO THE AMOUNT OF HARASSMENT IN MY PROPERTY WHEN NOT NOW.

I'VE CANCELED THE LEASE. I'VE LOST PLENTY OF MONEY OF INCOME FROM THE LEASE BECAUSE I'M PAYING FOR A MORTGAGE, THAT A HOUSE THAT IS EMPTY. AND NOW WE HAVE GOTTEN A NEW LEASE IN.

AND MR. BORGHINI ACTUALLY WENT AHEAD AND HARASSED THE REALTOR, ACCUSING HIM OF BEING A SHORT TERM RENTAL, AND WENT AND TOOK PICTURES OF THE PROSPECTIVE TENANTS AND THEIR CARS.

WE HAVE ALL THE DOCUMENTATION AND AFFIDAVITS SIGNED BY THOSE PEOPLE AND WE CAN GET YOU ABOUT 40 MORE IF NECESSARY.

SO THAT BEING SAID, I DO WANT YOU TO UNDERSTAND THAT THEM SAYING THAT THERE'S CEMENT UNDER IT IS NOT CORRECT.

WE HAVE PLENTY OF PROOF FROM TWO DIFFERENT COMPANIES.

AND WE WERE ACTUALLY WE'RE HAPPY TO GO WITH ONE OF YOU GUYS AT ANY POINT AND PULL WHATEVER AREA YOU WOULD LIKE.

SO YOU COULD SEE THERE'S NO CEMENT UNDERNEATH.

EVERYTHING WAS DONE CORRECTLY, BUT THEY ARE ACTUALLY ALSO ACCUSING US OF FALSELY HAVING HOMESTEAD, WHICH I'VE NEVER HOMESTEADED ANY OF MY HOUSES.

SO THAT'S ILLOGICAL. SO THEY'RE ATTACKING ON VARIOUS DIFFERENT ASPECTS, NOT JUST THE BUILDING DEPARTMENT.

WE'RE DOING EVERYTHING IN OUR POWER FOR TWO YEARS TO HAVE SOLVED THE ISSUE BECAUSE WE DID MAKE A MISTAKE AND WE DID DO SOMETHING WE WEREN'T SUPPOSED TO DO.

THAT BEING SAID, WE HAVE DONE EVERYTHING IN OUR POWER, EVERYTHING THAT YOU HAVE REQUESTED TO SOLVE SUCH ISSUES.

BUT THE PERSONAL ISSUES HERE ARE CAUSING A DIFFERENT SIDE OF THIS THAT IS NOT BEING SEEN.

SO I WANTED TO SHED SOME LIGHT INTO THAT. YOU GUYS HAVE BEEN PROVIDED THE ACTUAL CEASE AND DESIST WHERE WE ASKED THEM NOT TO APPROACH ANYBODY IN THE HOUSE, INCLUDING ME, BECAUSE IT'S BEEN TO AN AGGRESSIVE, AN AGGRESSION POINT WHERE THEY CALLED SHORT TERM RENTALS.

AND IN THE VIDEO OF THE PERSON THAT IN THE CHEST, I HAVE REQUESTED PUBLIC RECORDS FOR YOU GUYS.

HE GOT SO AGGRESSIVE TOWARDS ME THAT I ACTUALLY ENDED UP TELLING THE PERSON ISSUING THE COMPLAINT TO MEET ME AT MY OTHER PROPERTY SO WE CAN FINISH DISCUSSING BECAUSE I WAS UNCOMFORTABLE.

THIS IS WHERE IT'S GOTTEN. SO I JUST WANT YOU GUYS TO HAVE SOME LIGHT INTO WHAT'S REALLY GOING ON.

WE WILL BE FILING A HARASSMENT AND SEXUAL HARASSMENT LAWSUIT, AND THIS IS GOING TO ANOTHER ANOTHER LEVEL AT THIS POINT.

THANK YOU. THANK YOU. ARE ANYONE ELSE? HI, MY NAME IS LAURA SCHEER.

I'M THE PERMIT RUNNER, AND WE DO HAVE ALL THE DOCUMENTATION THAT WE BROUGHT TO YOU GUYS.

WE ARE REQUESTING THE CONTINUANCE JUST BECAUSE THE ATTORNEYS HAVE JUST BEEN BROUGHT ON BOARD BECAUSE OF THE ADDITIONAL MATTERS THAT CAME UP WITHIN THE LAST MEETING, BECAUSE IT'S JUST SUPPOSED TO BE VARIANCE. AND THE ONLY THING REALLY HAVING TO DO WITH THE VARIANCE IN REGARDS TO THIS, THAT THE NEIGHBORS DID COMPLAIN ABOUT WAS THE TURF WE HAVE PROVIDED YOU GUYS WITH IN THE DOCUMENTS THAT WE BROUGHT WITH PROPER DOCUMENTATION, SHOWING THAT THE TURF WAS INSTALLED CORRECTLY AND THE OWNERS HAD MORE THAN WILLING TO, YOU KNOW, HAVE SOMEBODY COME OUT AND JUST CHECK THAT IF THAT'S AN ISSUE. BUT OUR MAIN, THE MAIN CONCERN WITH ONE OF THE COMPLAINTS THAT HAS TO DO WITH THIS VARIANCE IS THE TURF THAT'S WHAT WE'RE PUTTING THAT'S ONE OF THE THINGS THAT WE'RE REQUESTING AS FAR AS THIS VARIANCE.

AND THEN OBVIOUSLY, EXCUSE ME, THERE ARE A COUPLE OF OTHERS SUCH AS NEW PLANS, REVISED PLANS FOR SPIRAL STAIRCASE AND THINGS LIKE THAT THAT DO HAVE TO DO WITH THIS PARTICULAR PART OF THE PROCESS. OKAY. DOES ANYONE ELSE.

ARE THERE ANY DISCLOSURES ON THIS APPLICATION BEFORE WE MOVE INTO PUBLIC COMMENT.

NO. THANK YOU. [INAUDIBLE]. OPEN TO PUBLIC COMMENT.

SORRY. HI. I'M STEVEN BORGHINI. I AM THE NEXT DOOR NEIGHBOR.

I AGREE THAT PERSONAL ISSUES HAVE NOTHING TO DO WITH THIS VARIANCE REQUEST. AND I THINK IF YOU LOOK AT THE IF YOU LOOK AT THE OBJECTION WE FILED AT THE END,

[00:20:04]

AND I'D LIKE TO HEARD, AND I'D LIKE YOU TO ASK HER ON ON UNDER OATH IF SHE WOULD SAY THAT THEY'VE NEVER HAD SHORT TERM RENTALS, THEY HAD AT LEAST THREE BEFORE THE ONE YEAR LONG TERM TENANT, AND THEY'VE HAD AT LEAST THREE DIFFERENT GROUPS IN THERE THAT WERE THERE DURING SPRING BREAK FOR LESS, ALL FOR LESS THAN A WEEK, ONE HAVING A BIG PARTY AND THE OTHER ONE, AND THEY WERE CITED THE TIME THE CODE ENFORCEMENT PERSON CAME, THEY WERE CITED FOR HAVING FOR, FOR LISTING IT AS BEING ON THE VENETIAN ISLAND SO THAT IT WOULDN'T BE CAUGHT TRYING TO FIND A SHORT TERM RENTAL. THEY WERE LISTING IT UNDER THE VENETIAN ISLANDS, AND THEY WERE CAUGHT FINALLY BY CODE COMPLIANCE AND CITED FOR DOING A SHORT TERM RENTAL. AND IT WAS STOPPED. AND I'LL LET HER ADDRESS WHAT HAPPENED WITH THE REALTOR.

BUT ANYWAY AND COMING TO THE, AND ALSO OUR PROBLEM IS NOT JUST WITH THE ARTIFICIAL TURF, IT'S WITH ALL THE VARIANCES, THE LOT SIZE, THESE ARE LARGE VARIANCES AND 18% INCREASE IN LOT SIZE AND ALMOST 17% INCREASE IN SQUARE FOOTAGE TO PUT A SEVEN BEDROOM, SIX BATHROOM HOUSE ON A TYPICAL SIZED LOT IN THAT NEIGHBORHOOD IS TOTALLY OUT OF CHARACTER.

WOULD DEFINITELY PUT SPECIAL PRIVILEGE, IS NOT AVAILABLE TO ANYONE ELSE THERE.

THERE WAS A SIMPLE SOLUTION. IF SOME. IT'S JUST A DESIRE TO WANT TO HAVE A HOUSE THAT BIG.

IF SHE WANTS OR NEEDS A HOUSE THAT BIG, THERE'S A SIMPLE SOLUTION BUY A LOT BIG ENOUGH WHERE YOU CAN BUILD A HOUSE LIKE THAT.

THEN THERE'S NO PROBLEMS. IF ALL YOU HAVE TO DO IS BUILD WHATEVER HOWEVER, WHENEVER YOU WANT AND THEN COME IN HERE AND SAY, ASK FOR THE. CAN I HAVE TWO MORE MINUTES, PLEASE? IF YOU CAN JUST COME IN HERE, COME IN, BUILD WHATEVER, HOWEVER, WHOEVER YOU WANT.

AND THEN WHEN. AND WE DID NOT TURN THEM IN. WE DID NOT CALL CODE ENFORCEMENT ON THEM ORIGINALLY.

AND IF THERE'S AND IF YOU CAN JUST DO THAT AND THEN THE BOARD RUBBER STAMPS IT.

I DON'T SEE ANY ANY PURPOSE IN HAVING EVEN. WHAT'S THE POINT IN HAVING SQUARE FOOTAGE AND LOT COVERAGE LIMITS.

AND THE ONLY OTHER THING I'D LIKE TO ADDRESS IS THE STAFF REPORT.

WE DON'T UNDERSTAND THE STAFF REPORT BECAUSE THE STAFF REPORT CONCLUDED THAT THE APPLICANT THE APPLICATION HAS NOT SATISFIED ARTICLE ONE, SECTION TWO OF THE SPECIAL ACT OR RELATED SPECIAL ACTS.

AND ADDITIONALLY, THE APPLICATION DOES NOT COMPLY WITH THE FOLLOWING HARDSHIP CRITERIA UNLESS THAT ALL EIGHT CRITERIA.

THOSE CRITERIA ARE NOT FACTORS TO BE WEIGHED BY THE BOARD TO DETERMINE WHETHER OR NOT THERE'S HARDSHIP.

THOSE ARE EIGHT MANDATORY CRITERIA THAT ALL MUST BE MET TO FIND HARDSHIP, AND THE STAFF FOUND THAT NONE OF THE CRITERIA WERE MET.

THEY LISTED ALL EIGHT. BUT THEN FOR SOME REASON, THEY CONCLUDED THAT THEY'RE NOT OPPOSED IN CONCEPT TO THE REQUESTED VARIANCES.

WE DON'T SEE HOW YOU CANNOT BE OPPOSED TO THE VARIANCES WHEN THEY HAVEN'T MET ANY OF THE CRITERIA.

AND ALSO WE WOULD THEY'RE ASKING FOR CONTINUANCE, BUT I'LL LEAVE IT AT THAT.

IF I MAY. PLEASE STATE YOUR NAME. MY NAME IS ELIANA CRUZ.

THAT WAS MY HUSBAND, STEVE BORGHINI. I DON'T KNOW IF HE INTRODUCED HIMSELF, BUT WE ARE THE NEIGHBORS. WE LIVE AT 3000 ALTON ROAD.

WE FILED A 20 PAGE OBJECTION. ALL OF IT. TO THE EXTENT I SUFFER ONE PARAGRAPH.

NOTHING IS PERSONAL. IT'S ALL ABOUT THE FACT THAT THERE'S BEEN NO EVIDENCE THAT'S LEGALLY SUFFICIENT TO SUPPORT YOU GUYS ACTUALLY GRANTING THIS VARIANCE. I HOPE THAT YOU ALL ARE AWARE, I ASSUME THAT YOU ARE THAT IN FEBRUARY, AN APPEALS COURT IN THE SEAGER CASE YOU KNOW, KIND OF TOLD YOU GUYS THAT EVERY FACTOR, IF YOU'RE GOING TO APPROVE A VARIANCE, EVERY FACTOR NEEDS TO HAVE SOME KIND OF A FACTUAL SUPPORT, RIGHT.

FOR EXAMPLE, SPECIAL CONDITIONS. WHAT DOES IT LOOK LIKE? DOES IT MATCH THE PROPERTY, THE COMPREHENSIVE PLAN, ALL OF THOSE EIGHT FACTORS.

WHAT ARE SOME OF THE CONDITIONS SELF-CREATED IS, YOU KNOW, THOSE KIND LIKE THE SETBACK THAT THEY TALKED ABOUT THAT WAS A SELF-CREATED CONDITION. IF THEY GO TO YOU, YOU GUYS, IF YOU SAY YES TO THIS, THEN YOU KNOW, IT WILL BE APPEALED AND THERE'S NOT GOING TO BE SUFFICIENT FACTUAL INFORMATION IN SOMETHING LIKE THE STAFF DRAFT ORDER THAT WE LOOKED AT LAST NIGHT TO SUPPORT YOU GUYS.

SO THAT'S WHY WE'RE HERE. WE'RE HERE TO GIVE YOU GUYS MORE INFORMATION BECAUSE WE WANT YOU TO MAKE THE RIGHT DECISION. RIGHT.

YOU JUST HEARD SOME SHOCKING TESTIMONY. LET'S ALL AGREE.

RIGHT. IT WAS SHOCKING. SHOCKING TO US. WE NEVER HEARD OF ANY OF THAT.

THAT WAS I MEAN, I'M STILL A LITTLE BIT IN SHOCK.

JUST THE NUMBER OF COMPLETE FABRICATIONS. I WORK FULL TIME.

THERE'S NO WAY ON EARTH THAT I CAN GO AND DO ALL OF THE THINGS THAT THIS PERSON JUST FABRICATED FOR YOU.

[00:25:05]

I WILL JUST LEAVE YOU WITH. IT'S BEEN FOUR YEARS.

THESE PEOPLE CAME IN, IN IN MAY OF 2022. ANOTHER MINUTE, ENOUGH? MAY I HAVE TWO MORE MINUTES, PLEASE? THEY CAME IN IN MAY OF 2022.

I'M TELLING YOU THIS BECAUSE THIS IS FOR YOUR BENEFIT, RIGHT? I'M AN ACTUAL WITNESS AND I CAN HELP YOU SEE WHAT ACTUALLY HAPPENED THAT'S NOT WRITTEN IN THE PAPERS THAT YOU'RE BEING GIVEN.

WE SAW IN MAY OF 2022 THE HOUSE WAS PURCHASED BY JULY THEY HAD ALREADY KNOCKED IT DOWN.

I REMEMBER TELLING MY HUSBAND BECAUSE BY THE WAY, THIS IS AT MY KITCHEN WINDOW.

SO WHEN I'M WASHING THE DISHES, I'M LOOKING OUT AND THERE'S THE HOUSE AND THEY KNOCK THAT HOUSE DOWN IN LIKE TWO MONTHS.

AND WE WERE SHOCKED, GUTTED IT. THEY GUTTED IT.

AND WE CAN SEE STRAIGHT THROUGH BECAUSE ONE OF THE THINGS THEY DID WAS THEY KNOCKED DOWN THE EXTERIOR WALL SO THAT THEY COULD PUT UP WINDOW WALLS.

SO WE WE GOT TO SEE EVERYTHING THAT WAS HAPPENING IN THERE.

AND I'VE NEVER SEEN A HOUSE BE BUILT SO FAST THAT BY OCTOBER OR NOVEMBER, THAT ENTIRE HOUSE WAS REBUILT.

AND GUESS WHAT? NONE OF YOUR INSPECTORS HAD THE BENEFIT OF LOOKING INSIDE ANY OF THOSE WALLS.

THE PLUMBING, THE ELECTRICAL. WHO KNOWS WHAT'S REALLY IN THERE, RIGHT? AND IS THAT BAD FOR ME? OF COURSE. BECAUSE IF SOMETHING HAPPENS, CATCHES FIRE NOW THE SETBACKS ARE SO CLOSE THAT HOUSE IS RIGHT UP ON MY HOUSE.

SO IF IT CATCHES FIRE, MY HOUSE CATCHES FIRE.

ALL RIGHT. SAME THING WITH PLUMBING. WE DON'T KNOW IN A REGULAR BUILDING SITUATION.

RIGHT. YOU HAVE AN INSPECTOR ROUTINELY COMING IN.

LET ME SEE HOW THE PROGRESS IS GOING. OH, THIS IS GOOD. THIS IS NOT GOOD.

NONE OF THAT HAPPENED. NOW WE JUST HAVE TO TAKE THEIR WORD.

BE VERY CAREFUL TAKING THEIR WORD FOR THINGS, YOU KNOW? HAVE YOU GONE IN, RIPPED OPEN THE WALLS AND SEE WHAT THEY DID? WE ACTUALLY DON'T KNOW. IT'S VERY DANGEROUS FOR US.

AND NOW, AS FAR AS HARDCORE REAL EVIDENTIAL HARM THAT HAS BEEN CAUSED SINCE THIS HOUSE WAS BUILT, I THINK IT WAS COMPLETED LIKE BEFORE JANUARY OF 2023.

FLOODING. NOW I'M GOING TO WORK. I HAVE TO PUT MY FEET IN TWO INCHES OF WATER FOR TWO DAYS BECAUSE MY HOUSE, AS OPPOSED TO LIKE MY OTHER NEIGHBOR, NOT THESE FOLKS.

WELL, THEY'RE THE OWNERS OF THE PROPERTY. MY PROPERTY.

ONE MORE TWO MINUTE, PLEASE. MY PROPERTY IS THE ONLY ONE THAT GETS FLOODED, AND IT STAYS FLOODED JUST TWO SECONDS MORE.

IT JUST STAYS FLOODED FOR TWO DAYS, WHEREAS EVERYBODY ELSE IS DRY.

THAT'S BECAUSE THEY BUILT THAT STUFF. NOW, WE'VE BEEN AT THE HOUSE 22 YEARS BEFORE THEY MOVED IN.

WE NEVER HAD A PROBLEM WITH THE NEIGHBORS. YOU WANT AFFIDAVITS? ALL OF MY NEIGHBORS LIKE US. WE NEVER HAD A PROBLEM FOR TWO DECADES UNTIL THEY CAME HERE.

ANYWAY, WE ASK THAT YOU DENY THIS VARIANCE. IT'S LEGALLY INSUFFICIENT.

THERE'S NOT FACTS. THEY GAVE YOU NO REASON. THE ONLY REASON I GAVE YOU WAS.

WE GOT THE POINT. THANK YOU. PLEASE REFER, PLEASE REFER TO OUR OBJECTION.

AND IF THERE'S ANY OTHER WAY THAT WE CAN HELP YOU GET THE INFORMATION THAT YOU NEED IN ORDER TO DO AN INFORMED DECISION, PLEASE LET US KNOW. ALL RIGHT. THANK YOU. ONE QUESTION.

ALL THE MEMBERS OF THE BOARD GET A COPY OF OUR OBJECTION? BECAUSE WE BROUGHT COPIES. IF NOT WE HAVE THEM. IF YOU DON'T HAVE THEM, CAN WE GIVE THEM TO YOU? YOU NEED. IT COST US MONEY.

WE JUST COPIES OF THE EMAIL THAT WAS SENT THIS MORNING.

NO NO NO NO. OUR WRITTEN OBJECTION. OBJECTION.

OH, IT'S IN THE FILE. SO THEY HAVE ACCESS TO SEE IT AND BUT IT'S NOT IN THERE.

MAY WE MAY WE GIVE IT OUT BECAUSE WE MADE COPIES FOR ALL OF YOU.

YES. THANK YOU. THE OTHER EMAIL THAT WAS HANDED OUT THIS MORNING WAS ONE THAT STAFF AND THE CITY ATTORNEY'S OFFICE RECEIVED FROM THE PROPERTY OWNER.

SO THAT'S ALSO PART OF THE RECORD. YEAH. GIVE IT TO THEM FIRST AND THEN IF THERE'S ANY LEFT.

ARE WE GOING TO READ THIS? THEN WE'RE GOING TO READ THIS.

IS ANYONE ELSE HERE TO SPEAK ON PUBLIC COMMENT ON 3010 ALTON ROAD.

IS THERE ANYONE ON ZOOM? ON ZOOM? THERE ARE NO HANDS RAISED ON ZOOM.

OKAY, WE'LL CLOSE THE PUBLIC COMMENT AND OPEN TO QUESTIONS FROM THE BOARD.

JUST A PROCEDURAL. I MEAN, RIGHT NOW WE'RE DECIDING ON THE CONTINUANCE.

SO THAT WAS CORRECT. YOU KNOW, AND THEN IF WE DECIDE NOT TO CONTINUE THEN WE WOULD DECIDE ON THE MERITS.

CORRECT? YEAH. BECAUSE WE HAVEN'T GIVEN OUR RECOMMENDATIONS OR ANY OF THAT ONE.

[00:30:04]

SORRY. YEAH. ALSO A PROCEDURAL QUESTION. I GUESS NOW IT'S PROCEDURAL.

WHEN AN APPLICANT IS REPRESENTED BY COUNSEL AS IS THE CASE HERE TODAY.

WHAT'S THE HOW DOES IT WORK AS FAR AS SPEAKING THROUGH COUNSEL AS OPPOSED TO COUNSEL SPEAKING AND ALSO THE APPLICANT THEMSELF SPEAKING.

HOW DOES THAT WORK? DO WE LISTEN TO EVERYBODY? YOU AREN'T BOUND BY FORMAL RULES OF PROCEDURE.

AND IT'S NOT A, YOU KNOW, STRICT APPEAL WHERE IT WOULD NORMALLY BE HANDLED SOLELY BY COUNSEL.

SO THE BOARD CAN DECIDE WHETHER TO HEAR TESTIMONY FROM BOTH THE APPLICANT THEMSELVES AND THE COUNSEL OR TO LIMIT OR. SO THANK YOU. NO. MAY I ASK A QUESTION.

SO THERE'S OBVIOUSLY A LOT OF ANIMOSITY THAT'S GOING ON HERE, WHICH, YOU KNOW, IS INTERESTING BUT NOT GERMANE TO WHAT WE'RE TALKING ABOUT.

SO WHEN WE ACTUALLY HEAR THIS MATTER, CAN WE INSTRUCT THE WITNESSES OR THE PEOPLE WHO ARE GOING TO SPEAK TO STICK TO THE SUBJECT MATTER AND NOT ALL THE ANCILLARY STUFF AND TO STICK TO THEIR TIME LIMITS? THANK YOU. YES. THROUGH THE CHAIR, YOU WOULD ASK TO LIMIT THE TESTIMONY TO THE RELEVANT FACTS ON THE APPLICATION AND THE GROUNDS FOR THE VARIANCE THAT ARE THE VARIANCES THAT ARE BEING SOUGHT.

SO YES, IT CAN BE NARROWED IF AND WHEN WE DO GET TO THE MERITS OF THE CASE.

AND IF I CAN CHIME IN IF POSSIBLE, WE'RE CLOSED TO PUBLIC COMMENT.

SO AND SO. AS FAR AS THE CITY CONCERNED, YOU THINK THAT THIS WILL BE YOU'LL BE READY TO MAKE A RECOMMENDATION AT THE JUNE 10TH.

SO WE HAVE A RECOMMENDATION NOW. AND OUR RECOMMENDATION IS TO CONTINUE BECAUSE WE WANT TO WORK WITH THE APPLICANT TO MAKE FURTHER CHANGES.

BUT SO WE DO HOPE THAT WE WILL COME TO AN AGREEMENT THAT WE'RE COMFORTABLE WITH IN ORDER TO BE ABLE TO SUPPORT IT IN JUNE.

BUT THAT'S ULTIMATELY UP TO THE APPLICANT AND THEIR ABILITY TO RESPOND TO OUR RECOMMENDATIONS.

I HAVE ANOTHER QUESTION. SO THE BASIS FOR THE HARDSHIP CRITERIA AND IT BEING A PRECONDITION TO ZONING VARIANCES, CAN THE LAWYERS HERE EXPLAIN TO US HOW THAT FITS INTO MAKING A DECISION LIKE THIS? LIKE, YOU KNOW, IF THERE ARE NO HARDSHIP CRITERIA, SHOULD IT JUST BE REJECTED OUT OF HAND IF THEY'RE NOT MET? I MEAN, I'M JUST I DON'T KNOW WHAT LEGALLY IS NECESSARY FOR US TO CONSIDER THESE THINGS.

SO, SO JUST FOR OUR, FOR THE PLANNING DEPARTMENT, WHEN WE REVIEWED THIS APPLICATION, WE JUST PUT THAT IT DOES NOT COMPLY WITH THE HARDSHIP CRITERIA IN GENERAL, WE DIDN'T GO INDIVIDUALLY ONE BY ONE UNTIL WE FEEL COMFORTABLE THAT THE ENTIRE APPLICATION MEETS THE HARDSHIP CRITERIA THAT THE HARDSHIP THAT THE VARIANCE IS THE MINIMUM NECESSARY TO ADDRESS THEIR CONCERN, WHICH WE FEEL IS NOT MET WITH ONE OF THE SITUATIONS THAT THEY'RE REQUESTING THE VARIANCE FOR, WE WILL NOT CHANGE THAT RECOMMENDATION. SO ONCE WE FEEL THAT WE'RE COMFORTABLE, WE MAY CHANGE THAT AND INDICATE THAT IT DOES COMPLY WITH THE HARDSHIP CRITERIA.

BUT AT THIS POINT IT DOES NOT. OKAY. BUT IF ON ONE CRITERIA, FOR EXAMPLE, IT DOES NOT COMPLY WITH HARDSHIP, YOU WOULD SAY WE SHOULD REJECT IT BECAUSE IT NEEDS TO COMPLY WITH HARDSHIP IN ORDER TO BE EVEN SOMETHING THAT WE CAN APPROVE.

MOST LIKELY THERE'S TWO CRITERIA. THERE'S THE HARDSHIP CRITERIA AND THE PRACTICAL DIFFICULTY CRITERIA.

SO IT'S POSSIBLE THAT IN SOME SITUATIONS, WE THINK IT MIGHT MEET A PRACTICAL DIFFICULTY, THAT WE MAY RECOMMEND THAT IT BE APPROVED, EVEN THOUGH IT MAY NOT MEET THE FULL. YEAH. ANYONE ELSE ON THE BOARD HAVE ANY QUESTIONS? MR. NAGLER. I THINK LAST MEETING WE DISCUSSED, LIKE, HOW MANY TIMES ARE WE GOING TO CONTINUE THIS? CAN WE DO ONLY ONE MORE? HOW LONG DOES THIS GO ON? SO WE'RE NOW A MONTH LATER, WE'RE NOW BEING ASKED TO CONTINUE IT AGAIN WITH NO CERTAINTY, INCLUDING WHAT I UNDERSTAND TO BE THAT EVEN IF STAFF COMES TO SOME CONCLUSION, IT STILL SITS IN THE HANDS OF THE APPLICANT TO SEE IF THEY'RE, DECIDE THAT THEY'RE READY OR NOT. THEY JUST RETAIN NEW COUNSEL, WHICH IN THEORY COULD SET THINGS BACK A LITTLE BIT.

SO SORT OF THE SAME QUESTION AS LAST TIME, WHICH IS WHERE ARE WE GOING WITH THIS? AND HOW MANY MORE TIMES DO WE CONTINUE THIS? AND IS THERE AN END TO THIS THAT WE CAN FORESEE REASONABLY? SO IT'S ULTIMATELY THE DECISION IS UP TO THE BOARD, I THINK, I THINK WE CAN COME TO AN AGREEMENT IF THEY'RE WILLING TO MAKE CHANGES, I HOPE, I HOPE THEY'RE WILLING TO MAKE CHANGES BECAUSE WE'RE NOT. THE ALTERNATIVE IS WE JUST RECOMMEND DENIAL OF SOME OF THE VARIANCES.

[00:35:02]

SO THAT'S, OUR GOAL. BUT IT'S UP TO THE BOARD.

I MEAN, THE ALTERNATIVE IS TO JUST DENY. ANYONE ELSE HAVE ANYTHING? I AGREE WITH MR. NAGLER. WE'RE GOING TO VOTE ON THIS, BUT IT'S GOT TO COME TO SOME SORT OF ENDING SOON BECAUSE THIS IS RIDICULOUS. DO I HAVE A MOTION TO APPROVE THE CONTINUANCE FOR 3010 ALTON ROAD.

MOTION TO CONTINUE TO THE JUNE 10TH MEETING. DO I HAVE A SECOND.

ANY OPPOSED? ALL IN FAVOR? AYE. CONTINUANCE PASSES.

NEXT IS OUR NEW APPLICATION. ZBA 26-0199 6300 ALLISON ROAD.

[5. ZBA26-0199, 6300 ALLISON ROAD]

OKAY. ANY DISCLOSURES? OH. NO. OKAY. NO DISCLOSURES.

ALL RIGHT. OKAY, SO THIS IS AN APPLICATION FOR A VARIANCE FOR A SINGLE FAMILY HOME LOCATED ON ALLISON ISLAND.

THE PROPERTY IS THE SOUTHERNMOST HOME ON ALLISON ISLAND, AND IT HAS A SIDE FACING THE STREET DIRECTLY ON 63RD STREET, WHICH, AS YOU KNOW, 63RD STREET IS A MAJOR ROADWAY.

IT'S THE ACCESS TO INDIAN CREEK DRIVE. AND SO THERE'S A LOT OF TRAFFIC, A LOT OF NOISE.

AND THERE'S A LOT OF ISSUES THERE, ESPECIALLY WHEN THE BRIDGE OPENS AND TRAFFIC BACKS UP AND THEY HAVE NOISE.

ADDITIONALLY TO THE SOUTH YOU HAVE THE AQUA CONDOMINIUM PROJECT DEVELOPMENT TO THE SOUTH, FORMERLY SAINT FRANCIS HOSPITAL SITE.

THAT CAUSES THERE TO BE VIEWS INTO THEIR BACKYARD.

SO THEY HAVE A HIGH RISE ACROSS THE STREET. AND SO THAT LIMITS THEIR PRIVACY.

SO THE APPLICANT IS REQUESTING VARIANCES IN ORDER TO IMPROVE THE PRIVACY OF THEIR REAR YARD, GIVEN THE SITE CONSTRAINTS GIVEN THE THE SITUATION THEY HAVE WITH THE TRAFFIC ON THE SOUTH AND 63RD STREET AND THE CONDOMINIUMS EVEN FURTHER SOUTH OF 63RD STREET, WHICH DOES CREATE A HARDSHIP FOR THE APPLICANT THAT LIMITS THEIR ABILITY TO TO ENJOY THEIR PROPERTY.

SO THEY'RE REQUESTING A COUPLE VARIANCES IN ORDER TO IMPROVE THAT SITUATION.

THE FIRST VARIANCE IS TO ALLOW FOR THAT THE WALL THAT THEY HAVE TO BE TALLER.

SO THE CODE ALLOWS FOR SIDE FACING A FENCE OR A WALL ON THE SIDE FACING A STREET TO BE FIVE FEET IN HEIGHT.

THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW FOR THAT WALL TO BE ABLE TO GO UP TO EIGHT FEET IN HEIGHT.

AND SO THAT'S PART OF THE WALL IS WITHIN THE SIDE FACING THE STREET.

PART OF THE WALL IS WITHIN THE REAR YARD. AND SO THE VARIANCE WOULD BE FOR BOTH SEGMENTS OF THIS WALL TO ALLOW IT TO GO UP TO EIGHT FEET.

THE NEXT VARIANCE IS TO ALLOW FOR A SIDE YARD SETBACK REDUCTION FOR AN ACCESSORY STRUCTURE.

SO THEY'RE PROPOSING TO BUILD A TRELLIS STRUCTURE IN THE REAR YARD TO BE ABLE TO HAVE SOME ADDITIONAL PRIVACY COMING FROM ABOVE, FROM THE BUILDINGS TO THE SOUTH, AND ALSO TO CREATE AN ADDITIONAL NOISE BARRIER FOR THE TRAFFIC COMING IN FROM 63RD STREET.

SINCE IT'S A WATERFRONT LOT, THE SETBACK FOR US FOR ACCESSORY STRUCTURES IS QUITE LARGE.

THIS IS A VERY LONG LOT RELATIVELY NARROW LOT, BUT IT IS A LONG LOT.

AND SO THE SIDE, THE REAR YARD SETBACK IS HALF, OF THE REAR YARD SETBACK, WHICH IS PRETTY LARGE IN THIS CASE.

IT'S 16.2FT, SO THEY'RE REQUESTING TO REDUCE THAT TO TEN FEET.

SO IT'S MODEST SINCE IT'S A WATERFRONT LOT THERE'S NO NEIGHBOR TO THE REAR THAT'S GOING TO BE AFFECTED BY THIS.

SINCE IT'S ON 63RD STREET, THERE'S NO NEIGHBOR TO THE SOUTH THAT'S GOING TO BE AFFECTED BY THIS. SO IT'S MINIMAL AND IT DOES ALLOW FOR THEM TO INCREASE THEIR PRIVACY A LITTLE BIT.

RELATED TO THAT IS A VARIANCE OF THE REAR YARD OPEN SPACE.

SO THIS YARD ALREADY HAS A NON-CONFORMING PAVED AREA IN THE REAR YARD.

THE HOME PREDATES ANY OF OUR CURRENT PAVEMENT STANDARDS.

AND ADDITIONALLY, THEIR POOL IS LOCATED BELOW THE ADJUSTED GRADE.

[00:40:05]

SO THEY HAVE A FEW NONCONFORMANCES ALREADY THAT RESULTS IN THEM HAVING A NEED FOR A VARIANCE IN ORDER TO BUILD THAT ACCESSORY STRUCTURE.

AND SO STAFF IS SUPPORTIVE OF THE GRANTING OF THESE VARIANCES.

THEY ARE THE MINIMAL NECESSARY TO PROVIDE THEM WITH SOME ADDITIONAL PRIVACY IN THEIR REAR YARD, THAT IS NEEDED IN THIS AREA. WE LOOKED AT SOME OTHER LOTS THAT ALSO HAVE A SIMILAR SITUATION.

AND THEY HAVE LEGALLY NON-CONFORMING FENCES THAT ARE BUILT AT A HIGHER ELEVATION THAT THEY WERE PROBABLY BUILT IN A PRIOR CODE.

AND SO THERE'S, NO NEGATIVE IMPACTS EXPECTED FROM THIS.

AND STAFF IS SUPPORTIVE OF THE GRANTING OF THE VARIANCES. ALL RIGHT.

THANKS. CAN YOU PLEASE STATE YOUR NAME. OKAY.

I HAVE ONE QUESTION FIRST. WITH THIS IF I WANT TO CHANGE THE PAGES, I JUST.

YOU SHOULD BE ABLE TO CLICK THROUGH THERE. YEAH. I'M NOT SEEING IT CHANGE THOUGH.

WOULD IT CHANGE NOW? MAYBE ON THE. MAYBE TRY IT ON THE LAPTOP THE IT SHOULD TO WORK.

THE FORWARD AND BACK ARROWS. WHICH ONE? I'M USED TO USING A MAC.

OH THE SPACEBAR SHOULD WORK. LET ME SEE. I THINK I NEED A LITTLE HELP.

I'M SORRY. I WOULD HELP YOU IF I KNEW HOW. OKAY.

IT IS ON THE NEXT ONE. OKAY. THAT'S WHERE I WANTED TO START.

ALL RIGHT. HI, EVERYONE. MY NAME IS ADRIENNE PARDO.

I'M THE OWNER OF THE PROPERTY. I'M HERE TODAY WITH MY HUSBAND, STEPHEN PARDO, AND OUR ARCHITECT, ADRIAN HEID WITH BASED ARCHITECTS IS ON ZOOM BECAUSE HE HAD TO ATTEND A CONFERENCE.

SO HE WASN'T ABLE TO BE HERE TODAY. BUT HE IS AVAILABLE TO ANSWER ANY TECHNICAL QUESTIONS THAT YOU HAVE.

SO WE ARE THE OWNER OF THIS PROPERTY AND WE HAD MOVED INTO THE PROPERTY IN 2014.

AND SO OKAY, SO THE PROPERTY IS LOCATED, IT'S ON ALLISON ISLAND.

YOU CAN SEE WHERE IT'S LOCATED ON THE CONTEXT LOCATION.

AND WE'RE THE FIRST HOUSE ON THE LEFT. AND WE FRONT THE SIDE YARD IN THE BACKYARD FRONT, THE 63RD STREET.

SO WE HAVE THE 63RD STREET BRIDGE IS TO THE EAST OF US.

AND WHAT'S HAPPENED OVER THE YEARS IS THAT WE HAVE A LOT MORE TRAFFIC ON THAT 63RD STREET BRIDGE.

SO IT'S GOTTEN QUITE NOISY IN THE BACKYARD. AND ALSO WE'VE HAD MORE PEDESTRIAN TRAFFIC.

AND ANYWAYS, BETWEEN ALL THE NOISE AND THE SECURITY AND THE PRIVACY, THAT'S WHY WE ARE HERE TODAY REQUESTING THESE VARIANCES.

WE HAVE THE RECOMMENDATIONS OF STAFF. IT SAYS WITH CONDITIONS, BUT THOSE CONDITIONS ARE JUST THE GENERAL CONDITIONS.

THEY ATTACH TO EVERY VARIANCE, EVERY APPLICATION THAT YOU KNOW, WE NEED TO HAVE OUR PLANS COMPLIANT AND ANYTHING LIKE THAT.

SO THERE'S NO SPECIFIC RECOMMENDATIONS. I MEAN THERE'S NO SPECIFIC CONDITIONS FOR THIS VARIANCE.

LET'S SEE IF THIS WORKS FOR ME NOW. OKAY. NO IT'S NOT GOING TO THE NEXT ONE.

CAN ANYBODY ELSE DO IT. OH YEAH. OKAY. HERE'S A CLOSER UP PICTURE OF THE EXISTING CONDITIONS.

WE'RE NOT SEEKING TO DO ANYTHING TO THE HOUSE ITSELF.

WE JUST WANT TO DO THE. OKAY. THESE ARE YOU CAN SEE THE WALL HERE.

AND WE DO HAVE HEDGES. WE'VE PUT IN HEDGES AND WE'VE, WE HAD THAT THAT WHITE FLY HEDGE ORIGINALLY AND THAT WASN'T WORKING.

SO WE GOT RID OF THAT. WE'VE PUT A LOT OF MONEY INTO THESE HEDGES AND WE KEEP ADDING MORE HEDGES.

AND FOR WHATEVER REASON, SOMETIMES THEY DIE. YOU CAN SEE THE PICTURE ON THE RIGHT.

THAT'S THE BACKYARD WHERE WE PUT IN SOME MORE HEDGES.

AND WE KEEP TRYING TO PUT IN MORE AND MORE AND MAKE IT DEEPER AND DEEPER, BUT IT'S STILL NOT SUFFICIENT.

SO THAT'S WHY WE'RE REQUESTING TO ADD THE ADDITIONAL THREE FEET ON THE WALL.

AS YOU CAN SEE IN THE PICTURE HERE ON THE ON THE WHATEVER IT'S CALLED ANYWAYS, IN THE CENTER.

OKAY, THERE'S ALSO A PICTURE. ALL RIGHT. THAT'S THE BACKYARD WITH THE POOL.

AND THEN TO THE RIGHT OF IT, YOU CAN SEE AQUA ACROSS THE STREET.

AND I THINK WHAT ALSO HAPPENS IS I THINK THE THE NOISE FROM AQUA MIGHT ALSO ECHO OFF OF THE TALL BUILDINGS BECAUSE WE HAVE THEM LOOKING DOWN ON THE HOUSE AND THE BACKYARD. AND ALSO, THERE'S ALSO AN ISSUE WITH THE ROAD ON 63RD STREET.

I DON'T KNOW IF IT'S THE JOINT BETWEEN WHERE THE ROAD ENDS AND THEN WHERE THE BRIDGE IS THAT'S RIGHT BEHIND US.

BUT EVERY TIME A CAR OR A TRUCK GOES OVER THE ROAD IN THAT AREA, IT MAKES A VERY LOUD NOISE.

[00:45:01]

SO WHEN YOU'RE IN THE BACKYARD, YOU HEAR THAT.

YOU REALLY HEAR THAT TRAFFIC GOING OVER IT. AS MY HUSBAND AND I WERE DISCUSSING THIS CASE, I MENTIONED TO HIM ABOUT THAT NOISE AND HE SAYS, YOU KNOW, YOU'RE ABSOLUTELY RIGHT.

SO WE'RE GOING TO LOOK INTO PUBLIC WORKS AS WELL TO SEE, YOU KNOW, I DON'T KNOW IF THERE'S ANYTHING THEY'RE GOING TO BE ABLE TO DO ABOUT THAT.

BUT MY POINT OF BRINGING IT UP IS THAT IT ADDS TO THIS NOISE THAT WE'RE EXPERIENCING.

AND THE MORE I'M NOT EVEN CHANGING THIS AND IT'S, AND IT'S MOVING ALONG.

OUR COMMUNICATIONS TEAM, I BELIEVE MIGHT BE OKAY.

ANYWAYS, NOW I CAN GO TO THE NEXT ONE. STILL DOESN'T WANT TO WORK FOR ME.

OKAY. HERE. THIS IS JUST A PICTURE, A SITE PLAN OF THE HOUSE.

YOU CAN SEE THE FRONT OF IT. THE LENGTH OF THE HOUSE IS 215FT.

SO IT MAKES IT FOR A VERY LONG LOT, WHICH IS AFFECTING SOME OF THE REASONS FOR THE VARIANCES.

WHAT MAKES THIS PROPERTY UNIQUE WITH REGARDS TO THESE VARIANCES IS WE'VE GOT BECAUSE WE'RE ON 63RD STREET, WE HAVE A LARGER SETBACK. AND THEN IN THE REAR BECAUSE WE'RE ON THE WATER YOU HAVE A LARGER SETBACK.

YOU CAN SEE THE STRUCTURE IN THE CENTER IS WHERE WE'RE LOOKING TO PUT THE PERGOLA.

AND WE'RE HOPING THAT THIS PERGOLA, IT'S AN OPEN AIR PERGOLA.

WELL, THE BACK OF IT WILL BE A WALL, BUT THE OTHER SIDES ARE OPEN AIR.

SO WE'RE HOPING THAT WILL GIVE US MORE MORE OF A PROTECTION WITH THE NOISE AND THE SECURITY AS WELL AS PRIVACY. SO I HAVE A LOT MORE I CAN SAY ABOUT THIS.

IF YOU WANT, I CAN GO THROUGH EACH VARIANCE THERE'S FIVE OF THEM OR I COULD, I'M HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE.

YOU TELL ME YOU WANT ME TO KEEP GOING. I THINK THAT WE COULD ASK QUESTIONS IF THEY COME UP AND YOU CAN STOP WHERE YOU ARE.

OKAY. IS THERE ANYONE ELSE IN THE. I DON'T SEE THE ARCHITECT ON.

OH, HE TOLD ME HE WAS ON. IT'S ADRIAN HEID, YOU SAID.

YES. ADRIAN HEID. YEAH. ADRIAN IF YOU CAN RAISE YOUR HAND IF YOU'D LIKE TO SPEAK.

HE'S SAYING HE'S THERE. YES. I'M HERE. ADRIAN, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES. THANK YOU. JUST. JUST SO HE'S AVAILABLE.

YEAH. DO YOU HAVE ANYTHING TO TELL US OR SHOULD WE MOVE ON? AND IF WE HAVE QUESTIONS, WE CAN ADDRESS THEM WITH YOU.

I THINK YOU SHOULD MOVE ON, I THINK. ADRIENNE DID A GREAT JOB AT EXPLAINING EVERYTHING.

SO I THINK WE. YEAH, WE CAN ANSWER ANY QUESTIONS.

OKAY. THANK YOU. WE'RE GOING TO CLOSE THE PUBLIC COMMENT AND OPEN TO THE PUBLIC.

OPEN TO PUBLIC COMMENT. ANYBODY ONLINE? IF YOU'D LIKE TO SPEAK, RAISE YOUR HAND.

NOBODY ONLINE. OKAY, NOW WE'RE GOING TO CLOSE PUBLIC COMMENT AND I'LL ENTERTAIN QUESTIONS FROM THE BOARD.

CAN YOU JUST ELABORATE ON THE SECURITY CONCERNS OR IS IT JUST THAT THERE'S SO MANY CARS COMING BACK THAT.

YES. SO THE SECURITY CONCERN IS IF YOU'RE WALKING ALONG THE SIDEWALK, THE WALL IS LOW ENOUGH THAT YOU CAN HOP THAT YOU COULD CLIMB OVER THE WALL VERY EASILY. ARE THERE A LOT OF PEOPLE THAT WALK? OH, YEAH. YOU GET A LOT OF PEOPLE THAT WALK TO THE BEACH AND, YOU KNOW, THERE'S SO MANY PEOPLE WHO ARE WALKING, YOU KNOW, DOING THE WHOLE PEDESTRIAN THING NOW.

SO ANYONE ELSE HAVE ANY QUESTIONS? SURE. HI. I AGREE WITH YOUR RECOMMENDATION, BUT I DO HAVE A QUESTION BECAUSE I WAS LOOKING UP THE PROPERTY AND I PASSED IT ALL THE TIME. YOU DO HAVE THE PROPERTY FOR SALE NOW. YES. AND I'M CURIOUS IF THAT IF YOU GET THIS APPROVED, WHICH I THINK ANYONE WOULD HAVE A SIMILAR ISSUE.

SO I'M NOT OBJECTING THE APPROVAL, BUT WHAT'S THE INTENTION WITH THE SALE.

ARE YOU PLANNING TO SELL IT OR DO. YEAH. SO SO WE HAVE THREE GROWN CHILDREN.

SO MY HUSBAND AND I, WE MOVED INTO A CONDO AND WE ARE LOOKING TO SELL THE PROPERTY.

THIS HAS BEEN A BIG ISSUE WITH SELLING IT WHERE EVERYBODY COMES TO THE HOUSE.

AND SO OUR REALTORS, OUR REALTOR, WE'VE HAD SEVERAL REALTORS HAVE TOLD US THAT WHEN THEY COME TO THE PROPERTY, THEY LOVE THE HOUSE, BUT WHEN THEY GO IN THE BACKYARD AREA, IT'S JUST THEY SAY IT'S JUST TOO NOISY.

AND, YOU KNOW, ALL THE REASONS THAT I'VE JUST SAID AS WELL THAT WE HAD LIVED WITH.

BUT WHEN WE MOVED IN, IT WAS 14 YEARS AGO. SO IT WAS DIFFERENT IN MIAMI BEACH, PARTICULARLY WITH REGARDS TO THE TRAFFIC.

SO THIS HAS BECOME A BIG ISSUE THAT WE HAVEN'T BEEN ABLE TO.

SO THAT WAS PART OF THE REASON THAT WE THEN DECIDED TO, YOU KNOW, WE NEED TO DO SOMETHING ABOUT THIS.

YEAH. ARE THERE SOME TYPE OF SOUNDPROOFING MATERIAL OR DESIGN IN THAT FENCING?

[00:50:07]

SO WE BELIEVE THAT IT WILL HELP IT YOU KNOW, IF WE COULD GO HIGHER, THE HIGHER YOU COULD GO, THE BETTER THE SOUNDPROOFING WOULD BE BUT THIS IS THE LIMIT THAT WE CAN REACH.

BUT I MEAN LIKE, IS THAT IT DOESN'T LOOK SOLID THE FENCE.

IS THAT JUST FOR ESTHETICS? JUST. NO, NO, IT WILL HELP WITH SOUNDPROOFING AS WELL.

OKAY. AND WE'RE TRYING TO KEEP IT ESTHETICALLY PLEASING.

OKAY. MR. NAGLER. YEAH, I MEAN, I UNFORTUNATELY DRIVE ON 63RD STREET ALL THE TIME AND I HAVE A LOT OF SYMPATHY FOR THE SITUATION. I'M NOT AN ARCHITECT. I DON'T KNOW HOW THAT REALLY DOES A WHOLE LOT FOR SOUNDPROOFING OR SECURITY BECAUSE ALMOST SEEMS LIKE EASIER.

BUT ANYWAY, I CERTAINLY HAVE. I CERTAINLY, YOU KNOW, I'M GOOD WITH THAT, BUT I DO HAVE A QUESTION ABOUT I SAW SOMETHING IN THE PACKET ABOUT AND I THINK IT'S IN REGARD TO THE NON-CONFORMING PAVED AREA.

IS THAT LEGAL NON-CONFORMING. YES. THEY HAD PERMITS FOR THEIR POOL AND FOR THAT DECK.

THEY PREDATE OUR CURRENT REQUIREMENTS. SO CURRENTLY THE CODE REQUIRES THAT 70% OF THE REAR YARD BE PERVIOUS LANDSCAPED AREA.

THAT WAS NOT A REGULATION IN EFFECT AT THE TIME THAT THIS HOME WAS BUILT.

THE CODE ALSO PROVIDES THAT IF THE POOL IS RAISED TO THE FUTURE ADJUSTED GRADE, WHICH IS AN OLDER HOME THAT PREDATES THOSE RAISING THE YARD REGULATIONS THAT WE CURRENTLY HAVE THAT 50% OF THE WATER AREA OF THE POOL COULD BE DISCOUNTED FROM THE PERVIOUS OPEN SPACE.

SO IT WOULD IT WOULD COUNT AS IT WOULD BASICALLY COUNT AS THE LANDSCAPED AREA, EVEN THOUGH IT'S WATER.

AND SO THEY PREDATE ALL THAT. SO THEY HAVE MORE PAVEMENT THAN WHAT IS CURRENTLY ALLOWED BY THE CODE.

BUT IT'S LEGAL. IT'S LEGAL. YEAH. YEAH. OKAY.

BECAUSE THAT'S FOR ME, THAT'S ALWAYS SORT OF A THING FOR ME.

I FEEL LIKE IN THIS CITY, WE NEED WATER TO BE ABLE TO GO AWAY IN DIFFERENT WAYS.

AND THAT ALWAYS CONCERNS ME. BUT IF IT'S ALREADY LEGAL NONCONFORMING. I APPRECIATE THAT INFORMATION. THANK YOU. YOU'RE WELCOME. IF ANYBODY HAS A QUESTION WITH REGARD TO THAT PARTICULAR VARIANCE, IF WE COULD GO TO PAGE 16.

YOU CAN SEE THAT OUR BACKYARD HAS A LOT OF GREEN SPACE, AND THEY ONLY COUNT THOUGH THAT FIRST PORTION OF IT IN THE BACK, BUT YOU'RE NOT SEEING THE WHOLE BACKYARD. SO THERE'S A LOT OF GREEN SPACE BACK THERE AS WELL. THAT'S A GOOD CLARITY.

SO THE REAR YARD IS BECAUSE OF THE DEPTH OF THE LOT.

THE REAR YARD IS I APOLOGIZE.

THE REAR YARD IS. 32, 32FT. 32FT. BUT THEY DO HAVE FUNCTIONAL REAR YARD THAT GOES BEYOND THE 32FT. WE PROBABLY HAVE ANOTHER 40FT THAT GOES BEHIND THAT OR 38.

ANY OTHER QUESTIONS, JANET, NOTHING. I DON'T HAVE A QUESTION.

I HAVE A SUGGESTION, BUT I CAN TELL I KNOW STEPHEN, SO I CAN TELL HIM AFTER.

[LAUGHTER] OKAY, SO I HAVE NO QUESTION. I BIKE BACK BY YOUR HOUSE ALL THE TIME SO I UNDERSTAND YOUR HARDSHIP. THANK YOU. I HOPE YOU APPROVE IT. DO I HAVE TO DISCLOSE THAT? THAT I KNOW ONE OF THE APPLICANTS? I'M SORRY, BUT, I MEAN, IS THAT SOMETHING? NOT UNLESS YOU HAD EX PARTE COMMUNICATIONS REGARDING THIS PARTICULAR APPLICATION. NO I DID NOT. I HAD NO IDEA HE WAS GOING TO BE HERE TODAY. YOU TALKED ABOUT ANYTHING UNDER THE SUN OTHER THAN THIS PENDING APPLICATION THAT'S FINE.

IS THERE A MOTION. I'LL MAKE A MOTION TO APPROVE THE REQUEST FOR VARIANCES.

THE TWO VARIANCES. I'LL SECOND THAT. ANY OPPOSED? ALL IN FAVOR. AYE. QUESTION. I HAVE FIVE VARIANCES AND I THINK THE MOTION WAS TWO.

I'LL CORRECT THAT. ARE THERE FIVE? YES THERE ARE FIVE.

SO I JUST WANT.

I WILL SECOND THAT MOTION. ALL IN FAVOR? AYE.

ANY OPPOSED? NO. MOTION PASSES. THANK YOU ALL VERY MUCH.

APPRECIATE IT. CONGRATULATIONS. HAVE A GOOD DAY.

THANKS YOU, TOO. DO WE HAVE MODIFICATIONS TO PREVIOUSLY BOARD ORDERS.

ANY DISCUSSION ITEMS IN PROGRESS REPORTS? NO DISCUSSION ITEMS OR PROGRESS REPORTS.

AND THE FUTURE MEETING DATE IS NOW MOVED TO JUNE 10TH.

[FUTURE MEETING DATE REMINDER: June 5, 2026]

DO WE HAVE A MOTION I GUESS TO ADJOURN? ADJOURN.

MAKE A MOTION TO ADJOURN. SECOND. THAT CONCLUDES OUR MEETING.

[00:55:05]

THANKS.

* This transcript was compiled from uncorrected Closed Captioning.