[00:00:01]
MORNING EVERYONE, AND WELCOME TO THE SEPTEMBER 18TH ZONING AND BOARD OF ADJUSTMENTS MEETING.I HOPE EVERYONE HAD A GOOD SUMMER.
THERE'S A LOT OF ITEMS ON THE, UH, AGENDA TODAY, AND I MAY TAKE SOME THINGS OUT OF ORDER DEPENDING HOW THINGS GO.
UH, WE CAN GET STARTED WITH ATTENDANCE.
[ATTENDANCE]
ALRIGHT, GOOD MORNING EVERYBODY.AND MR. SILVERS HERE? UH, WE HAVE SIX OF SEVEN MEMBERS PRESENT.
DO YOU HAVE ANY UPDATES? UH, NO UPDATES, BUT I'M READY TO,
[SWEARING IN OF PUBLIC]
UH, LET THE PUBLIC AND ALL THOSE APPEARING ONLINE, UH, KNOW HOW TO, UM, LOG IN USING ZOOM.TODAY'S MEETING OF THE BOARD OF ADJUSTMENT HAS BEEN SCHEDULED IN A HYBRID FORMAT WITH A QUORUM OF THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS LOCATED AT 1700 CONVENTION CENTER DRIVE, AND APPLICANT STAFF MEMBERS AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA THE ZOOM PLATFORM.
IN ORDER TO PARTICIPATE IN TODAY'S MEETING, THOSE WISHING TO PARTICIPATE VIA THE ZOOM PLATFORM WEBINAR MAY DIAL 8 8 8 8 5 3 5 2 5 7, WHICH IS A TOLL FREE NUMBER.
AND ENTER THE WEBINAR ID, WHICH IS 8 2 8 6 9 6 1 5 3 0 9, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 2 8 6 9 6 1 5 3 0 9.
ANY INDIVIDUAL WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF THEY ARE USING THE ZOOM APP OR DIAL STAR NINE.
IF THEY ARE PARTICIPATING BY PHONE BEFORE I SWEAR IN THOSE THAT WILL BE TESTIFYING TODAY, I AM GOING TO READ INTO THE RECORD THE CITY'S, UH, LOBBYIST REGISTRATION.
NOTICE IF YOU ARE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR ANOTHER PERSON, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE.
IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER BEFORE YOU SPEAK TO THE BOARD.
YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON YOUR BEHALF AND NOT ON AN BEHALF OF ANY OTHER PARTY.
OR IF YOU'RE TESTIFYING AS AN EXPERT WITNESS PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHERWISE SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING.
OR IF YOU'RE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT OF OR OPPOSITION TO ANY ITEM.
EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATION SHALL PRIOR TO APPEARING DISCLOSE IN WRITING TO THE CITY CLERK, THEIR NAME, ADDRESS, AND THE PRINCIPLE ON WHOSE BEHALF THEY'RE COMMUNICATING.
IF YOU ARE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR AN OBJECTOR, YOU MUST REGISTER AS A LOBBYIST.
THESE RULES APPLY WHETHER YOU'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE TO FEED MODIFICATION OR CONTINUANCE AT THIS TIME, UH, THOSE PHYSICALLY PRESENT IN CHAMBERS THAT WILL BE TESTIFYING.
IF YOU COULD PLEASE STAND AND RAISE YOUR RIGHT HAND, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
AND FOR THOSE MEMBERS, UH, OF THE PUBLIC OR PRESENTERS THAT, UH, WILL BE APPEARING VIRTUALLY, I'LL SWAY YOU IN ONE BY ONE WHEN THE CASE IS CALLED.
SO WITH THAT, UM, MADAM CHAIR, I'M DONE.
[APPROVAL OF MINUTES]
GONNA START ANY PEOPLE, ANY CHANGES, ANY OF THE MINUTES? ANYONE REVIEW IT, HAVE ANY COMMENTS OR CHANGES? I JUST, I WANNA MAKE A NOTE.UM, THE REASON THE MAIN MINUTES ARE THERE IS BECAUSE, UM, AT THE JUNE MEETING, UM, THE, THE MINUTES THAT WERE IN THE PACKET WERE INADVERTENTLY THE APRIL MINUTES AND NOT THE MAY MINUTES.
SO IT'S, THIS IS JUST CLARIFYING THE RECORD, SO NO.
ON THE MINUTES THAT HAS SARAH AS GOES PRESENT AND
HAS THEY BOTH PRESENT AND ABSENT? THANK YOU.
AND IT HAS DOES NOT LIST ME AS PRESENT.
UM, MOTION TO APPROVE WITH THE CORRECTION.
MOTION TO APPROVE WITH THE CORRECTIONS.
SECOND, SECOND MINUTES APPROVE FOR DO WE HAVE TO DO IT TWICE? DO WE HAVE TO TAKE A VOTE? OH, YEP.
UM, WE HAVE A MOTION BY MR. SEMAN.
I BELIEVE I HEARD MR. RENICK CORRECT.
UM, AND THAT'S FOR THE, UM, I GUESS WE CAN DO BOTH MAY, MAY AND JUNE TOGETHER? YEAH, YEAH, YOU CAN.
I'M NOT, DO YOU NEED A MOTION FOR THAT? DOES YOU CAN, ARE YOU IN YOUR MOTION? CAN
[00:05:01]
YOU INCLUDE, ARE YOU INCLUDING BOTH OR ARE YOU IN INDIVIDUALLY? BOTH.SO CAN I GET A VOTE? ALL THOSE IN FAVOR? ALL IN FAVOR? AYE.
[3. ZBA24-0161, 605 LINCOLN ROAD UNIT 800RF]
CONTINUANCE AND WITHDRAWALS? WE DO HAVE A FEW, UM, A FEW OF THOSE.UM, SO WE DO HAVE A WITHDRAWAL.
UM, THE, UM, THE APPEAL RELATED TO 6 0 5 LINCOLN ROAD, UH, WHICH IS ZBA 24 DASH 0 1 61, UH, HAS BEEN WITHDRAWN BY THE APPELLANT.
UM, SO THAT ITEM IS NO LONGER, UH, WE, WE NO LONGER NEED TO, UH, DISCUSS THAT ITEM.
UM, AND NO ACTION IS NECESSARY ON THAT.
[4. ZBA25-0177, 3010 ALTON ROAD]
THEN WE DO HAVE A FEW REQUESTS FOR CONTINUANCES FROM APPLICANTS.UM, THE, UM, THE APPLICANT FOR ZBA 25 DASH 0 1 77, THAT'S 30 10 ALTON ROAD.
THEY, UH, HAVE REQUESTED AN ADDITIONAL CONTINUANCE.
STAFF WAS REQUESTING A CONTINUANCE, UH, WAS RECOMMENDING A CONTINUANCE ANYWAY, SO STAFF IS NOT OPPOSED TO THE GRANTING OF DISCONTINUANCE.
UM, IF YOU'D LIKE TO LET THE APPLICANT DESCRIBE THEIR REASONS, IF THAT'S UP TO YOU.
UH, MS. MADAM CHAIR, MEMBERS OF THE BOARD.
UH, SO YEAH, WE, WE WERE HERE OBVIOUSLY IN THE SUMMER, AND ONE OF THE ISSUES RAISED WAS FLOODING.
AND WE HAD PROMISED TO, UH, WORK WITH A FLOODING ENGINEER, TRY AND COME BACK WITH SOME SOLUTIONS TO ADDRESS SOME OF THE NEIGHBOR CONCERNS.
MY, MY COLLEAGUE CARLOS, PRIMARILY WORKING WITH A NEW SURVEYOR WITH ELEVATION, UH, UH, DATA FINDING, RETAINING A FLOOD ENGINEER THAT CAN DO THE WORK, BUT IT'S TAKEN LONGER THAN EXPECTED.
WE WERE IN TOUCH WITH THE NEIGHBORS, THAT'S WHY THEY'RE NOT HERE.
AND I CONFIRMED TO THEM IN WRITING THAT WE WOULD ONLY BE SEEKING A CONTINUANCE AND NOT MOVING FORWARD TODAY.
SO AGAIN, JUST FOLLOWING STAFF'S RECOMMENDATION AND OUR, YOU KNOW, CONTINUED WORK, UH, WITH THE ENGINEER AND WITH OUR NEIGHBORS, WE WOULD ASK FOR AT LEAST A ONE MONTH CONTINUANCE SO WE CAN GET THIS HOPEFULLY IN A BETTER POSITION.
I THINK WE ALL HOPE THAT YOU CAN DO THAT.
WE HAVE, UM, A MOTION TO, UH, SORRY.
IS THERE ANY OPPOSITION FROM ANYONE? NO.
UM, THE NEIGHBORS HAVE AGREED TO IT.
THE CITY IS SUPPORTIVE OF IT, AND THE APPLICANT'S REQUESTING IT.
SO I HAVE A MOTION TO APPROVE THE CONTINUANCE, AND IT WOULD BE JUST, UH, IT WOULD BE THE OCTOBER 16TH MEETING, AND I'LL MAKE THE MOTION SECOND.
WE HAVE A MOTION BY MS. SILVERMAN, SECOND BY MR. SIMONON.
[5. ZBA26-0201, FKA ZBA25-0191 & ZBA24-0162, 1691 MICHIGAN AVENUE]
ZBA 2 6 0 2 0 1, UH, 1691 MICHIGAN AVENUE.I BELIEVE A CONTINUANCE IS BEING REQUESTED FOR THAT AS WELL, OR, YES.
MATT AMSTER, LOF FIRM BURKE, HOWARD DEL FERNANDEZ, LARKIN AND TAPS OFFICE AT 200 SOUTH BISCAYNE BOULEVARD.
UM, UH, OUR FIRM DOES REPRESENT BLACKLINE RESTAURANT GROUP.
THERE IS A, UH, A MINOR CHANGE NEEDED TO ADDRESS A FIRE DEPARTMENT COMMENT.
UH, SO WE DO REQUEST A CONTINUANCE TO MAKE THAT CHANGE IN THE PLANS FOR THE OCTOBER 16TH MEETING.
ANY QUESTIONS? IS THERE ANY OPPOSITION FROM ANYONE AT ALL? OKAY.
UM, AND I DON'T SEE ANYBODY ONLINE.
DO I HAVE A MOTION? I'LL MAKE THE MOTION.
[11. ZBA26-0206 FKA ZBA25-0188, 5940 NORTH BAY ROAD]
NOW CALL NUMBER 11 ON THE AGENDA INSTEAD OF SIX, WHICH IS ZBA 2 6 0 2 0 6 9 40 NORTH BAY ROAD.UM, SO THIS IS ZBA 26 0 2 0 6 59 40 NORTH BAY ROAD.
AN APPLICATION HAS BEEN FILED REQUESTING A VARIANCE TO INCREASE THE HEIGHT OF THE ALLOWABLE EXCEPTIONS FOR ELEVATORS TO ALLOW FOR THE ADDITION OF A COMMERCIAL GRADE RESIDENTIAL ELEVATOR ON A PREVIOUSLY APPROVED TWO-STORY SINGLE FAMILY UNDERSTORY HOME THAT IS CURRENTLY UNDER CONSTRUCTION.
UM, SO FOR FOR BACKGROUND, THIS, UH, APPLICATION, THIS PROJECT ORIGINALLY CAME BEFORE THE BOARD ON SEPTEMBER 12TH, 2025.
UH, THE BOARD OF ADJUSTMENT AT THAT TIME GRANTED VARIANCES FROM THE, SOME OF THE UNDERSTORY REQUIREMENTS TO ALLOW PORTIONS OF THE UNDERSTORY TO BE FILLED, UM, AND INCLUDE AIR CONDITIONED SPACE, ALLOW FOR SOME SOLID WALLS AND REMOVE THE, UH, UNDERSTORY EDGE REQUIREMENTS FOR A PORTION OF THE UNDERSTORY.
UM, AND THAT WAS TO REPLACE AN EXISTING HOME.
THAT HOME IS UNDER CONSTRUCTION AS THEY'VE PROCEEDED, UM, WITH THE CONSTRUCTION, AND THEY'VE, THEY'VE, UH, DETERMINED THEY HAVE A NEED
[00:10:01]
FOR A LARGER ELEVATOR GIVEN THE SCALE OF THIS HOME.THIS IS A HOME THAT'S ON A LOT, THAT'S 99,500 SQUARE FEET, UM, OR 2.2 ACRES.
UM, THE, UH, PROPOSED UNIT SIZE IS 42,583 SQUARE FEET, OR 42% OF THE LOT COVERAGE.
UM, AND SO THEY HAVE, THEY HAVE A NEED TO BE ABLE TO MOVE EQUIPMENT, WHATEVER THE CASE MAY BE.
SO THEY HAVE A NEED FOR A SLIGHTLY LARGER ELEVATOR, UM, WHICH REQUIRES AN EXTRA THREE FEET.
UM, THE CODE ALLOWS THEM A 10 FOOT HEIGHT EXCEPTION FOR ELEVATORS.
THEY'RE ASKING FOR A VARIANCE OF THREE FEET, SO THEY CAN GO TO 13 FEET, WHICH IS COMMON FOR, UH, LARGER, UH, STYLE ELEVATORS.
UM, GIVEN THE SCALE OF THE HOME, THIS IS BARELY GONNA BE PERCEIVABLE FROM THE RIGHT OF WAY.
UM, IT'S GONNA, IT'S THE ELEVATOR'S LOCATED VERY CENTRALLY WITHIN THE HOME SO IT DOESN'T STICK OUT ON THE EDGES OF THE HOME.
UM, AND STAFF IS, IS SUPPORTIVE OF THE APPLICATION.
IS 10 MINUTES ENOUGH? YES, THAT SHOULD BE HOPEFULLY MORE THAN ENOUGH.
MATT AMSTER, LAFFER BURKE, HOWARD L FERNANDEZ.
LARKIN TAP OFFICES IS AT 200 SOUTH PISCA BOULEVARD IN MIAMI HERE TODAY, REPRESENTING 59 40 NBR OWNER, LLC, UH, THE OWNER.
AND FROM OWNERSHIP, UM, WE HAVE JARED POSNER AND JAKE RYAN, UM, FROM DOMO ARCHITECTURE, UH, ROB MOORING AND MY COLLEAGUE, UH, ROB ALVAREZ.
UM, YOU KNOW, THIS IS ESSENTIALLY A, A MODIFICATION AS LIO MENTIONED, WHERE WE WERE HERE A YEAR AGO.
SO MOST OF YOU HEARD THIS PROJECT FOR SOME VARIANCES, AND WE APPRECIATE, UH, THE APPROVAL.
THE PROJECT, UH, GOT APPROVAL FOR THE BUILDING PERMIT, UH, AND STARTED CONSTRUCTION, UH, EARLIER THIS YEAR IS WELL UNDERWAY.
UH, HOPES TO GET THE WHOLE SHELL OF THE HOME BY THE END OF THIS YEAR AND FINISH THE HOME AT THE END OF NEXT YEAR.
UM, AS LIO ALSO MENTIONED, UH, THERE, YOU KNOW, IT'S A LARGE HOME INCLUDING AN UNDERSTORY WITH A SMALL ROOF DECK.
AND SO THE ELEVATOR IS ESSENTIALLY GOING UP FOUR FLOORS.
UM, A NUMBER OF OTHER SIMILARLY SIZED HOMES ON LARGE PROPERTIES HAVE SEEN THIS AS WELL, THAT A COMMERCIAL ELEVATOR IS THE APPROPRIATE ELEVATOR FOR THIS.
AND WHEN IT'S CENTRALLY LOCATED, THERE'S NO IMPACTS.
UM, SO THIS VARIANCE HAS ACTUALLY BEEN GRANTED, UH, I THINK AT LEAST A HALF A DOZEN TIMES.
UH, SO WE'RE LOOKING FOR THE SIMILAR TREATMENT AGAIN FOR AN APPROPRIATE SIZED ELEVATOR FOR THIS HOME.
UH, THAT DOESN'T IMPACT ANY OF THE NEIGHBORS.
UH, WE HAVE A PRESENTATION, IF YOU CAN CALL THAT UP.
UM, WE DID DO SOME NEIGHBOR OUTREACH.
UH, WE HAVE TWO LETTERS OF SUPPORT, ONE FROM THE IMMEDIATE, UM, NEIGHBOR TO THE NORTH AND ONE ACROSS THE STREET.
BUT ALSO TO OUR KNOWLEDGE, NO ONE HAS, UH, TOLD US OR WRITTEN IN OR PROVIDED ANY OBJECTION TO THIS.
UH, AND AGAIN, WE HAD SIMILAR SUPPORT FOR THE PROJECT A YEAR AGO WHEN WE CAME BEFORE YOU.
UM, SO WITH THAT, UM, I THINK, YOU KNOW, EVENTUALLY WE HOPE THAT THE CITY WILL, UM, RECOGNIZE THAT, UH, A LARGER BULKHEAD IS NEEDED FOR THIS TYPE OF ELEVATOR AND HOPEFULLY AMEND THE CODE.
BUT UNTIL THEN, WE, AS WELL AS THE APPLICATIONS THAT CAME BEFORE US DO NEED TO ASK FOR THIS VARIANCE.
I'LL TURN IT OVER TO ROB TO SHOW YOU THE MINIMAL IMPACT.
UM, MY NAME IS ROBERT MOR WITH JOMO ARCHITECTURE AND DESIGN OFFICES AT FOUR 20 LINCOLN ROAD, SUITE 5 0 6 HERE IN MIAMI BEACH.
THANK YOU FOR THE OPPORTUNITY TO SHARE THIS PROJECT WITH YOU AGAIN.
UM, I UNDERSTAND THERE ARE A FEW NEW BOARD MEMBERS, SO JUST BRIEFLY ALLOW ME A CHANCE TO GO THROUGH THE DESIGN, BRING EVERYBODY UP TO SPEED.
UM, AS ROGELIO MENTIONED, THIS IS A 42,000 SQUARE FOOT 583, UM, HOME, BUT IT'S ON A 99,504 SQUARE FOOT LOT.
UH, SO OUR UNIT SIZE WERE AROUND 42%.
SO EVEN THOUGH IT'S A LARGE HOME, IT IS UNDERSIZED OR WHAT COULD BE BUILT, YOU COULD BUILD ANOTHER 7,000 SQUARE FEET ON THE PROPERTY.
UM, WHAT WE DID WITH THE DESIGN IS A TWO STORY HOME WITH UNDERSTORY.
WE EMBEDDED THE UNDERSTORY TO THE STREET AND TO THE WATERFRONT, UH, WITHIN GARDENS.
SO THE ONLY VISIBLE PORTIONS OF THE UNDERSTORY WERE ON THE SIDES.
AND FROM THE STREET IT APPEARED AS A ONE STORY ELEVATED HOME.
AND FROM THE WATERFRONT, IT WAS A TERRORIST LANDSCAPE GOING UP TO A TWO STORY HOME SETBACK, UM, WELL BEYOND THREE OR SETBACK LINES OF THE PROPERTY.
THIS IS FROM THE FRONT ENTERING THROUGH A, UM, OPENING WITH AN OCULUS ABOVE INTO A LARGE INTERIOR COURTYARD.
UM, THE VOLUME ON THE LEFT IS A STAFF PAVILION.
ON THE RIGHT IS A WELLNESS PAVILION.
UM, THE TWO STORY HOME IS BEYOND THE ABANDONED TREE THAT YOU SEE IN THE PHOTO THERE.
UH, SO THIS IS ALREADY UPON ENTERING THE PROPERTY.
UM, SO THERE WOULD BE A LAYERED LANDSCAPE IN FRONT OF THAT EVEN SO, I, I DO NOT BELIEVE THAT, THAT THIS ELEVATOR BULKHEAD, THE ADDITIONAL THREE FEET WOULD BE VISIBLE FROM THE STREET UNLESS YOU'RE LOOKING FROM LIKE A ROOFTOP OF ANOTHER HOME.
UH, THIS IS THE RENDERED ELEVATION
[00:15:01]
FROM THE STREET, SHOWN THE LANDSCAPE.UH, YOU CAN SEE A HINT OF THE, UH, ROOFTOP COVERED CANOPY TO THE TOP RIGHT.
UM, THE ELEVATOR BULKHEAD WOULD BE TO THE LEFT, THOUGH BEHIND THE TREE THERE.
UM, AGAIN, VERY NATURAL, UH, FORMS IN THE ARCHITECTURE DRIVEN FROM NATURE, THE WAY THE LAND CARVES.
SO THE SEA CARVES THE LAND, THE LIGHT ROCK FORMATIONS, UM, ROUNDED CORNERS, SOFTLY TAPERED FORMS VERY, UH, NATURAL AND BLENDS WITH THE LANDSCAPE.
WE HAVE A VERY, UM, HEAVY LANDSCAPE DESIGN THAT WOULD BUFFER ALL PUBLIC FRONTAGES AS WELL AS TO THE NEIGHBORS TO THE NORTH AND TO THE SOUTH.
ADJACENT PROPERTIES, UH, THIS IS A DIAGRAM OF THE ELEVATOR, THE REASON THAT WE ARE REQUESTING THE ADDITIONAL THREE FEET OF HEIGHT FOR THE OVERRIDE.
UM, IF YOU LOOK AT THE DRAWING ON THE RIGHT, THE AREA OUTLINED IN BLUE, THE TOP RIGHT CORNER, UM, THE MANUFACTURER IS A OTIS GENERATION THREE ELEVATOR.
IT'S A COMMERCIAL GRADE RESIDENTIAL ELEVATOR.
UM, WHAT THIS ALLOWS FOR IS INCREASED SPEED AND INCREASE, UH, CABIN SIZE.
YOU HAVE A LOT OF LARGE PIECES OF ARTWORK AND FURNITURE THAT NEEDS TO BE MOVED AROUND.
UM, THE MANUFACTURER REQUIRES FROM THE LAST STOP, WHICH IS AT THE ROOF TERRACE FROM THE FLOOR UP TO THE UNDERSIDE OF THE HOIST WAY BEAM.
UM, 12 FEET, 10 INCHES OF CLEARANCE, AND THEN YOU HAVE THE BEAM, AND THEN THE ROOF OF THE ELEVATOR BULKHEAD ITSELF.
SO THAT REQUIRES US TO DO THE ADDITIONAL THREE FEET.
AND WITH THAT THREE FEET, WE ACTUALLY HAVE TO RECESS THE ELEVATOR VESTIBULE AT THE ROOFTOP, UM, DOWN THE TWO STEPS.
SO YOU ENTER, YOU EXIT ALL THE ELEVATOR INTO A VESTIBULE, AND YOU GO UP TWO STEPS TO THE ROOF TERRACE LEVEL.
THE DIAGRAM IS SHOWN THE CENTRAL LOCATION OF THE ELEVATOR BULKHEAD ON THE PROPERTY.
UM, WE ARE 253 AND A HALF FEET FROM THE FRONT PROPERTY LINE, A HUNDRED SEVENTY SIX SEVEN INCHES FROM THE REAR, 118 TO THE NORTH, AND 111 TO THE SOUTH.
SO THIS IS SUBSTANTIALLY SET BACK FROM ALL THE NEIGHBORING PROPERTIES.
UM, THE, THE SMALLEST DIMENSION, 111, IS LESS THAN A, I'M SORRY, IT'S MORE THAN WHAT A STANDARD OR S ONE LOT WOULD BE ON STAR ISLAND FOR, FOR COMPARISON.
UM, THE VOLUME OF THE HOUSE, AS YOU CAN SEE HERE FROM THE ROOF LINED, UH, YOU ENTER, UH, THERE'S A SWEEPING GREEN ROOF THAT BLANKETS THE ENTIRE, UH, HOME.
SO IT APPEARS, UH, REDUCES THE SCALE OF THE HOME.
IT'S MORE ABOUT, UH, PAVILIONS SET WITHIN A GARDEN.
UM, AND THEN THE TWO STORY HOME IS TOWARDS THE WATERFRONT.
BUT AS YOU CAN SEE FROM THE RED DOTTED LINE, THAT'S THE REAR YARD SETBACK.
AND THE HOME IS SET BACK FURTHER FROM THE WATERFRONT THAN THAT SETBACK LINE.
SO IF THERE'S GENEROUS SETBACKS ALL THE WAY AROUND, WE PROVIDED, UH, UPDATED RENDERINGS, UH, FROM THE ELEVATIONS TO SHOW YOU THE CHANGE TOP, UH, IMAGE IS THE ONE THAT WAS APPROVED LAST YEAR.
AND THE BOTTOM ONE SHOWS THE ADDITIONAL THREE FOOT ELEVATOR BULKHEAD.
UM, AGAIN, WITH A, A CYAN COLORED OUTLINE.
THIS IS FROM THE WATER WITH THE TERRA LANDSCAPE UP THE BACK.
THIS IS FROM THE SOUTH SIDE, NEIGHBORING ADJACENT PROPERTY.
AGAIN, YOU CAN SEE THE DISTANCE FROM THE WATER AND FROM THE STREET INTO THIS IMAGE AND FROM THE OTHER SIDE, THE NORTH ADJACENT PROPERTY.
AND THEN, UH, THIS IS A SECTION CUT THROUGH THAT ARRIVAL COURTYARD, WHICH IS CENTRAL TO THE PROPERTY AND WHICH IS BUFFERED FROM THE STREET BY A ONE STORY, UM, PAVILION.
JUST SOME DETAILS OF THE OTIS GEN THREE ELEVATOR.
IF YOU'VE NOTICED IN THE BOTTOM RIGHT, THAT 200 FEET PER MINUTE IS THE ONE THAT IS SELECTED AS THE 12 FOOT 10 INCH REQUIREMENT.
AND THEN JUST SOME GRAPHIC IMAGES.
UM, 3D, THIS IS THE CENTRAL ARRIVAL COURTYARD.
UM, THE ELEVATOR WOULD BE LOCATED, UH, TO THE RIGHT OF THAT OPENING OF THE ENTRYWAY, UM, BEHIND THE TREE.
UM, IT'S NOT GONNA EVEN BE VISIBLE GIVEN THE SETBACKS AND THE CENTRAL LOCATION ON THE ROOF FROM THE ARRIVAL AT THE HOME ITSELF.
AND THEN THIS IS LOOKING TOWARDS THE NORTH, YOU CAN SEE SOME OF THE PAVILIONS.
UM, THE ONE STORY PAVILIONS, PAVILION'S THE GUEST HOUSE STRAIGHT AHEAD.
UH, THERE'S A WELLNESS PAVILION TO THE RIGHT, AND THEN THE MAIN TWO STORY STRUCTURE IS ON THE LEFT.
AND THIS IS ALL SET BACK GENEROUSLY FROM THE STREET.
THE STREET IS TO THE RIGHT BEYOND THAT STRUCTURE.
AND LOOKING BACK TOWARDS THE STREET HERE.
SO, AGAIN, ONE, UH, REQUEST TO SORT OF HELP US COMPLETE THIS PROJECT, A VERY MINIMAL FOOTPRINT,
[00:20:01]
ONLY 150 SQUARE FEET.UM, AND AS YOU SAW, EXTREMELY, UH, CENTRALLY LOCATED AND SPACED, UH, FOR NO IMPACTS REALLY AND HARDLY VISIBLE FROM ANY OF THE SURROUNDING NEIGHBORS OR THE FRONT OR THE WATERWAY.
UM, THIS IS, UH, AGAIN, BASED ON THE, UH, AVAILABLE EQUIPMENT.
THIS IS THE HEIGHT THAT'S NEEDED FOR THE SAFETY AND OPERATIONAL, UH, YOU KNOW, ASPECTS OF THE ELEVATOR.
AND WE RESPECTFULLY ASK FOR YOUR APPROVAL OF THIS VARIANCE.
WE'RE HERE TO ANSWER ANY QUESTIONS.
ANY DISCLOSURES? I I'LL JUST SAY THAT YOU EMAILED ME, I WAS EMAILED YESTERDAY TO ASK TO MOVE THE ITEM UP AND I SAID I WOULD.
COULD YOU TELL ME WHAT THE, UH, DISTANCE IS FROM THE SHAFT? THE, THE VARIANCE AREA TO THE STREET? IT IS TO, WELL, TO THE STREET, UH, TO THE FRONT PROPERTY LINE IS 253 AND A HALF FEET.
AND FROM THE SIDES TO THE NORTH 118 FEET AND TO THE SOUTH.
AND TO THE WATER 176, THE VEGETATION WE HAVE ON THE PHOTOGRAPHS, UH, FROM THE FRONT, FROM THE STREET, THOSE TREES ARE GONNA REMAIN AS PART OF THE, THE LANDSCAPE DESIGN.
IT'LL BE HEAVILY, HEAVILY SCREENED AND BUFFERED VERY LUSH LANDSCAPE.
I WAS GONNA OPEN TO PUBLIC COMMENT.
I DIDN'T REALIZE YOUR QUESTION WAS FOR THE BOARD, BUT IT'S FINE.
I DON'T KNOW IF ANYONE'S HERE TO, I DON'T THINK SEE ANYONE, BUT I'M GONNA, I GUESS NOW CLOSE THE PUBLIC COMMENT.
IF JUST ANYBODY ONLINE, IF YOU'D LIKE TO SPEAK, REMEMBER TO PLEASE RAISE YOUR HANDS.
IS ANYONE ONLINE ANY COMMENTS OR QUESTIONS ON THE COURT? I JUST, I'M GONNA ASK YOU A FAVORITE QUESTION.
DID YOU RECEIVE ANY OBJECTIONS OR ANYTHING LIKE THAT? NO, WE DIDN'T RECEIVE ANY COMMENTS ON THIS ONE.
ANYONE ELSE? F HAVE YOU RECEIVED ANY COMMENTS OR QUESTIONS? SUGGESTIONS FROM THEIR NEIGHBOR ON THE SOUTH, THAT LITTLE HOUSE ON WHAT? YOUR NEIGHBOR ON THE SOUTH, THE SOUTH PROPERTY ADJACENT TO YOUR PROPERTY? THE PROPERTY OWNER HAS BEEN IN CONTACT.
I'M ONE OF THE OWNERS OF, UH, THE PROJECT AND I SPOKE TO THE NEIGHBOR OF THE SOUTH AND HE HAS NO OBJECTION.
ANYONE ELSE? ANY QUESTIONS? DID WE PREVIOUSLY DO THIS PROPERTY? YES.
WE, THERE WERE THREE ADDITIONAL ADJUSTS LAST YEAR, BUT, AND WAS THE, THIS WAS NOT, IT WAS GONNA BE A RESIDENTIAL ELEVATOR.
NOW IT'S A COMMERCIAL NOW IT'S A COMMERCIAL ELEVATOR.
YEAH, BECAUSE THE LETTER THAT'S DRAFTED AND SIGNED AND PROVIDED TO US, IT SAYS IT'S A, UM, ELEVATOR PROPOSAL.
IT SAYS IT INCLUDES A RESIDENTIAL ELEVATOR.
SO IT'S A RESIDENTIAL, WELL, THAT'S NOT WHAT IT SAYS.
YEAH, IT JUST SAYS RESIDENTIAL ELEVATOR.
SO IS IT, SO WHAT IS IT? IS IT COMMERCIAL OR? WE ADVERTISE IT COMMERCIAL EL RESIDENTIAL ELEVATOR.
BUT, BUT ANYWAY, I WAS JUST CURIOUS.
LIKE WHEN, WHEN, WHEN WE DID THIS PREVIOUSLY WAS THE ELEVATOR LIKE PART OF IT AND NOW WE'RE CHANGING WHAT WE ALREADY DID.
THE PREVIOUS SET OF PLANS HAD AN ELEVATOR, BUT IT COMPLIED WITH THE CODE, WHICH IS ALLOWED TO BE 10 FEET, UM, AS OF RIGHT.
AND SO THEY'RE REQUESTING A THREE FOOT VARIANCE.
ANY OTHER QUESTIONS? JUST BRIEFLY, YOU'D MENTIONED THERE'S A HEALTH PAVILION Y YES, THERE'S A, A WELLNESS PAVILION.
IT'S, IT'S A, UH, HOME GYM WITH STEVENS OWNER ELEMENTS.
THIS IS A RESIDENTIAL PROPERTY, CORRECT? YEAH.
JUST MAKE A MOTION TO APPROVE.
ANY OPPOSED? THE SECOND WAS MR. SILVERS.
[6. ZBA26-0204, 2700 SUNSET DRIVE]
GONNA GO BACK TO NUMBER, I GUESS SIX ON THE UPDATED AGENDA, WHICH IS ZBA 2 6, 0 2 0 4, 2700 SUNSET DRIVE, ROB.ZBA 26, 0 2, 0 4, 2700 SUNSET DRIVE.
AN APPLICATION HAS BEEN FILED REQUESTING AFTER THE FACT VARIANCES FOR THE ALLOWABLE HEIGHT OF ELECTRICAL AND MECHANICAL EQUIPMENT AND INCLUDING AIR CONDITIONING GENERATOR AND PULL EQUIPMENT ON A PARCEL WITH AN EXISTING SINGLE FAMILY HOME.
UM, SO THESE ARE, THESE ARE THREE AFTER THE FACT VARIANCES, THEY RELATE TO THE INSTALLATION OF, UH, AIR CONDITIONING, UH, CONDENSER UNITS, A GENERATOR AND SOME POOL EQUIPMENT.
UM, WHEN IT WAS INSTALLED INITIALLY THEY THOUGHT, UM, THEY, THEY INSTALLED
[00:25:01]
THE EQUIPMENT CONSISTENT WITH PLANS THAT WERE APPROVED.HOWEVER, AFTER THE FACT, THEY CAME IN TO, UM, UH, MAKE SOME MODIFICATIONS AND IT WAS DETERMINED THAT THE EQUIPMENT WAS ACTUALLY SLIGHTLY HIGHER THAN WHAT THE CODE ALLOWS.
THEY DO HAVE A HARDSHIP IN THAT THERE IS A CONFLICT BETWEEN THE BUILDING CODE AND THE LAND DEVELOPMENT REGULATIONS.
THE LAND DEVELOPMENT REGULATIONS, UM, ALLOWS, UM, MECHANICAL EQUIPMENT LOCATED IN A SIDE YARD TO BE A MAXIMUM OF 10 FEET FROM THE GRADE, WHICH IS THE CROWN OF THE ROAD OR THE SIDEWALK ELEVATION OR FIVE FEET ABOVE THE BASE FLOOD ELEVATION, WHICHEVER IS LOWER.
UM, IN THIS CASE, THEY, IN, THEY HAVE A, UM, A VERY, VERY HIGH BASE FLOOD ELEVATION AND A VERY LOW GRADE.
AND SO THE BUILDING CODE IS REQUIRING THEM TO INSTALL THE MECHANICAL EQUIPMENT ABOVE THE BASE FLOOD ELEVATION.
SO THEY HAVE A CONFLICT THAT OUR CODE REQUIRES.
THE, OR THE LAND DEVELOPMENT REGULATIONS REQUIRES THE EQUIPMENT TO BE LOWER THAN WHAT THE BUILDING CODE REQUIRES.
AND SO THIS IS A CONFLICT THAT WE LIKELY NEED TO ADDRESS.
AND, AND THIS IS SOMETHING THAT WE'VE HAD A FEW OF THESE, UH, COME EITHER BEFORE THIS BOARD OR THE DESIGN REVIEW BOARD.
UM, SO THEY'RE REQUESTING THREE AFTER THE FACT VARIANCES FOR A FEW THINGS.
AND I'LL, I'LL READ WHAT THOSE VARIANCES ARE.
UM, A VARIANCE OF THE ALLOWABLE HEIGHT FOR THE PROPOSED STANDBY GENERATOR LOCATED IN A SIDE YARD OF 1.3 FEET.
SO THEY'RE REQUESTING A VARIANCE OF 1.3 FEET TO ALLOW FOR A HEIGHT OF 6.3 FEET ABOVE THE BASE FLOOD ELEVATION, WHERE FIVE FEET ABOVE THE BASE FLOOD ELEVATION IS PERMITTED.
SO OUR CODE REQUIRES, UM, ONLY ALLOWS THEM FIVE FEET ABOVE BASE FLOOD ELEVATION.
WHEN THEY DO THAT, THE GENERATOR IS OFF BY A FOOT, UM, BY 1.3 FEET.
AND SO THEY'RE REQUESTING A SLIGHT VARIANCE FOR THE GENERATOR TO JUST BE ABLE TO FIT WITHIN THAT SETBACK.
THE NEXT ONE IS A VARIANCE OF THE ALLOWABLE HEIGHT OF EXISTING, UM, HVAC AND PULL EQUIPMENT LOCATED IN A SIDE YARD, UM, OF, UH, AND SO THE VARIANCE THERE IS OF 0.6 FEET AND, UM, FROM THE GRADE REQUIREMENT AND 1.9 FEET FROM THE BASE FLOOD ELEVATION REQUIREMENT IN ORDER TO ALLOW FOR EQUIPMENT WITH A HEIGHT OF 10.6 FEET ABOVE GRADE AND 6.9 FEET ABOVE BASE FLOOD ELEVATION WHERE THE CODE ALLOWS FOR 10 FEET ABOVE GRADE AND FIVE FEET ABOVE THE BASE FLOOD ELEVATION.
THE NEXT IS A VARIANCE OF THE ALLOWABLE HEIGHT FOR EXISTING SECONDARY MECHANICAL AND PULL EQUIPMENT LOCATED IN THE SIDE YARD FACING A STREET OF 0.8 FEET ABOVE THE GRADE REQUIREMENT AND 2.2 FEET ABOVE THE BASE FLOOD ELEVATION REQUIREMENT IN ORDER TO ALLOW FOR EQUIPMENT THAT HAS A HEIGHT OF 10.8 FEET ABOVE THE GRADE AND 7.2 FEET ABOVE THE BASE FLOOD ELEVATION WHERE 10 FEET AND FIVE FEET RESPECTIVELY ARE ALLOWED.
UM, SO THESE ARE, UM, THIS IS EXISTING EQUIPMENT.
ONCE IT WAS INSTALLED BY THE, BY THE, BY THE INSTALLERS.
IT WAS SLIGHTLY ABOVE WHAT OUR CODE ALLOWS.
SO THEY'RE COMING IN TO REQUEST THESE VARIANCES, UM, AFTER THE FACT THEY ARE MINIMAL.
THEY DO HAVE A HARDSHIP IN THAT THE BUILDING CODE IS REQUIRING THEIR EQUIPMENT TO BE RAISED TO A CERTAIN LEVEL, BUT OUR CODE IS TELLING THEM YOU CAN'T RAISE IT THAT HIGH.
AND SO THEY DO HAVE A, A, A HARDSHIP AS A RESULT OF THAT.
HAD THEY COME BEFOREHAND, WE WOULD'VE, WE WOULD'VE LIKELY SUPPORTED THESE VARIANCES, UH, TO BEGIN WITH.
UM, SO STAFF IS SUPPORTIVE OF THE GRANTING OF THESE VARIANCES.
UM, OH, I I, ONE MORE, ONE MORE NOTE.
ONE OF THE PULL EQUIPMENT, UM, THAT IS IN THE SIDE YARD FACING A STREET, UH, ONE OF THE PARTS OF THE PULL EQUIPMENT IS TWO FEET FORWARD OF THE REQUIRED SIDE SET OF, UH, SIDE FACING A STREET SETBACK.
THEY WILL BE RELOCATING THAT EQUIPMENT SO THAT IT COMPLIES WITH THE REQUIRED SETBACK.
UM, THAT'S SOMETHING THAT WE NOTICED IN THE REVIEW OF THESE PLANS.
UM, AND SO WE HAVE A CONDITION IN THE ORDER THAT REQUIRES THEM TO RELOCATE THE EQUIPMENT TO THE REQUIRED SETBACK.
UH, BUT IT WILL STILL NOT BE IN COMPLIANCE WITH THE HEIGHT UNLESS THE VARIANCE IS GRANTED.
I'M, BEFORE WE START, ANY DISCLOSURES FROM THE BOARD? NO.
OKAY, SIR, I'M NOT DOING A PRESENTATION.
I'M THE ARCHITECT AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
DOES ANYONE HERE ON IN THE PUBLIC TO SPEAK? ANYONE ONLINE? LET'S SEE.
SO IF YOU'RE ONLINE AND YOU'D LIKE TO SPEAK, PLEASE RAISE YOUR HANDS.
ANY QUESTIONS FROM THE BOARD? NO PUBLIC COMMENT.
NO PUBLIC COMMENT, NO QUESTIONS FROM THE BOARD.
OH, I WAS LIKE, AS A CITY, DON'T USUALLY ENCOURAGE RAISING THINGS OFF THE GROUND.
SO WHAT GIVES, UM, THE, I, THE IDEA IS, THE IDEA WAS WHEN THIS, THESE CODE PROVISIONS WERE ESTABLISHED, THAT WE DIDN'T WANT EQUIPMENT TO BE EXCESSIVELY HIGH IN THE SIDE YARD NEXT TO THE NEIGHBORS.
UM, BUT THE REALITY IS THAT, THAT THIS IS, THIS IS HAPPENING.
[00:30:01]
THIS IS THE WAY EQUIPMENT NEEDS TO BE INSTALLED PER THE BUILDING CODE.UM, SO WE'RE, WE'RE GONNA HAVE TO MAKE SOME ADJUSTMENTS.
ANY OTHER QUESTIONS? MOTION TO MOVE TO APPROVE THE VARIANCES AS REQUESTED AND RECOMMENDED BY THE CITY.
ANY OPPOSED? NO, I SHOULD PASS THIS.
[7. ZBA25-0197, 425 WEST 44 STREET]
2 5 0 1 9 7 4 2 5 WEST 41ST FOURTH STREET.ZBA 25 DASH 0 1 9 7 4 2 5 WEST 44TH STREET.
AN APPLICATION HAS BEEN FILED REQUESTING AN AFTER THE FACT VARIANCE TO INCREASE THE ALLOWABLE LOT COVERAGE IN ORDER TO LEGALIZE AN EXTENSION OF A PORCH ON AN EXISTING SINGLE STORY HOME.
UM, SO THIS, UM, IS, IS IN RELATION TO A VOL VIOLATION THAT WAS ISSUED.
THE APPLICANT INSTALLED A, A PERGOLA IN THE FRONT OF THE HOUSE.
UM, THE PERGOLA WAS INSTALLED WITHOUT A, WITHOUT A BUILDING PERMIT.
UM, THE PERGOLA IS BASICALLY PART COVER FOR THEIR PORCH, FOR THEIR FRONT PORCH.
THEY HAD AN EXISTING SECTION THAT WAS ALREADY THERE.
THIS IS A, A SMALL ADDITION THAT THEY DID.
UM, THE PORCH, UM, COMPLIES WITH THE SETBACKS AND EVERYTHING OF A SINGLE STORY HOME.
HOWEVER, IT CAUSES THE HOME TO EXCEED THE ALLOWABLE LOT COVERAGE, UH, BY, UH, I BELIEVE 1.1400000000000001%.
A VARIANCE TO EXCEED THE MAXIMUM LOT COVERAGE FOR A ONE STORY HOME OF 40%, WHICH IS WHAT'S ALLOWED WITH AN EXISTING NON-CONFORMING, UM, HOME WITH, UH, PORCH HOME WITH AN EXISTING NON-CONFORMING HOME WITH A LOT COVERAGE OF 5.28%.
SO THE HOME ALREADY EXCEEDS THE LOT COVERAGE THAT'S ALLOWED TODAY, UM, BY CODE AND AN EXISTING NON-CONFORMING PORCH, UH, WHICH INCREASES THE, UH, LOT COVERAGE BY 1.07% FOR A TOTAL LOT COVERAGE OF 52.49% IN ORDER TO RETAIN THE PORCH EXTENSION.
SO THEY, BY INSTALLING THIS PORCH, IT EX IT CAUSES THE HOME, WHICH ALREADY HAS A LOT COVERAGE, UM, IN EXCESS OF WHAT WAS ALLOWED TO EXCEED THAT LOT COVERAGE BY, BY A SMALL PERCENTAGE, BY 1.07%.
UM, THE, THE, UM, APPLICANT HAS A HARDSHIP THAT IF THEY HAD TO REMOVE IT, IT WOULD BE A SIGNIFICANT EXPENSE TO THE APPLICANT.
UM, HOWEVER, AND ADDITIONALLY BECAUSE THE HOME IS ALREADY NON-CONFORMING, THEY DID NOT HAVE ANY REASONABLE WAY TO ADD WHAT IS A, WHAT IS A REASONABLE ADDITION TO THE HOME, WHICH IS A COVER FOR THEIR, FOR THEIR FRONT PORCH.
ADDING THAT COVERED TERRACE IS A REASONABLE, UH, REQUEST.
UM, UM, IT'S, THEY HAVE A HARDSHIP AND THAT THEY'RE NOT ABLE TO ENJOY THEIR FRONT PORCH THE WAY, UH, ONE WOULD TYPICALLY EXPECT.
AND SO THEY SHOULD BE ABLE TO BE ABLE TO COVER THAT PORCH AND STAFF IS SUPPORTIVE OF THE GRANTING OF THE VARIANCE.
CAN I ASK, DO YOU WANNA GO? DO YOU WANT, OH, DIDN'T THE REPORT ALSO SAY THAT THEY EXCEEDED THE WIDTH 18 FOOT WIDTH OF THE DRIVEWAY? YES.
THEIR DRIVEWAY IS, UM, DOES EXCEED THAT AND THEY'RE GONNA HAVE TO CORRECT THAT.
HE'S THE OWNER ANYWAY, AND I ARE THE ARCHITECT.
WE MAKE THE PLAN AND PROCESS TO THE, TO THE CITY.
AND IT IS, IT'S JUST FOR THE, HE EXPLAIN EVERYTHING ABOUT THE, THE LITTLE PORT, UH, TO BE LEGALIZED AND THE DRIVEWAY TO BE CORRECTED TO THE LANDSCAPING OF THE FRONT OF THE PROPERTY.
UH, AND IT'S IS THE, THE INTENTION IS LEGALIZED THAT PART BECAUSE IT'S THE, FOR A JOY, THE NEIGHBORHOOD AND LANDSCAPING AT THE FRONT OF THE PROPERTY.
I'M DOING, UM, MY NAME IS LA DU.
UM, WE'RE SEEKING THE, I MEAN, WE'RE SEEKING THE VARIANCE TO EXTEND THE, THE, WE, WE EXTENDED THE PORCH A LITTLE BIT.
WE ALREADY HAD THE PORCH AND WE PUT UP PERGO UP.
WE WERE TOLD WE DIDN'T NEED A PERMIT FOR IT, BUT THE PEOPLE THAT DID IT, AND THEN AFTER WE GOT A VIOLATION, SO WE'RE SEEKING TO LEGALIZE IT.
UM, WHO TOLD YOU THAT YOU DIDN'T NEED A PERMIT? THE PERSON THAT THE, THE, THE CONTRACTOR THAT DID THE WORK.
AMY, MAY I ASK A QUESTION, SIR? IF IT WASN'T NON-CONFORMING SIZE OR LOT COVERAGE WISE, WOULD THEY HAVE NEEDED A PERMIT TO PUT A PERGO
[00:35:01]
OFF? THEY WOULD'VE NEEDED A BUILDING PERMIT, UH, FOR A PERGOLA? YES.'CAUSE IT'S, IT, IT INVOLVES STRUCTURAL, UM, ISSUES WE HAD, YEAH, WE HAD THE PROCESS FOR THE PERMIT, AND NOW THEY WAITED FOR OUR SONY APPROVAL.
SO, SO IF WE GIVE APPROVAL, WHATEVER INSPECTIONS THAT WOULD'VE BEEN DONE, IF THEY HAD GOTTEN A PERMIT, WILL STILL BE DONE.
THEY, THEY'RE IN THE PROCESS OF AN AFTER THE FACT BUILDING PERMIT.
UM, I BELIEVE ALL OF THE BUILDING TRADES HAVE APPROVED THAT BUILDING PERMIT, PENDING PLANNING, APPROVAL, PLANNING CANNOT APPROVE IT UNLESS THE, THE VARIANCE IS GRANTED.
AND HOW MUCH DID YOU EXTEND THE, THE PLACE, SO THE PORCH WAS THERE UNCOVERED AND THEN YOU ADDED SOMETHING TO THE PORCH AND COVERED IT.
SO HOW MUCH DID YOU ADD? WE JUST, I MEAN, IT'S ON THE SHEET, BUT WE JUST SQUARED OFF THE AREA.
LIKE OUR HOUSE IS HERE AND WE MAYBE THE SIX FEET, WE JUST LIKE, WE SQUARE OFF.
IT'S IN THE EASY, BUT I DON'T KNOW HOW CAN, JUST THE PART SORRY, WANT THAT? YES.
IF YOU HAVE YOUR PRESENTATION, IF YOU CAN GO TO THE SLIDE.
AND THAT, AND THAT PLAN SHOW, THE, JUST THE PART TO, TO LEGALIZE IS 64 POINT 15 SQUARE FEET TO LEGALIZE THE PORT BECAUSE THE PORTS, THE HOUSE HAD A SYSTEM PORT LONG TIME AGO.
NOW YOU NEED, WE NEED TO LEGALIZE THE LITTLE PART.
OH, I DON'T KNOW HOW, SEE THE LITTLE SQUARE THERE THAT WE EXTENDED OUT? YEAH, IT'S IN, ON THE RIGHT SIDE.
64, 1 50 SQUARE FEET TO LEGALIZE.
HOW DIFFERENT DIFFERENT HOSPITAL? I CAN'T, I DON'T KNOW.
THE, THE CODE EXEMPTS THE FIRST FIVE FEET OF A TERRACE THAT'S PROJECTING FROM AN OUTER FACE OF THE HOUSE, AN OUTER WALL FROM COUNTING AGAINST THE LOT COVERAGE.
SO THE FIRST FIVE FEET OF THE TERRACE DOESN'T COUNT.
IT'S ONLY THE PORTIONS THAT ARE BEYOND FIVE FEET THAT ARE, THAT ARE COUNTED AS AN INCREASE TO THE LOT COVERAGE.
I'M NOT SURE THAT ANSWERS MY QUESTION.
HOW BIG WAS IT? HOW MANY? SO HERE'S THE HOUSE, HERE'S THE END OF THE PORCH.
IT USED TO BE, I'M MAKING UP A NUMBER.
I JUST DON'T KNOW WHAT THE, WHAT THE ADDITIONAL FEET THAT THEY ADDED TO IT IS.
OKAY, HERE'S THE, HERE ONE SECOND HERE.
SO WE EXTENDED IT, UH, SIX FEET, THREE INCHES OUT.
AND THEN ALSO THERE WAS A LITTLE SPACE OVER THERE, THREE FEET THAT WAS LIKE ROCKS BEFORE WE JUST FILLED THAT IN.
HOW DID THE VIOLATION ARISE? DO WE KNOW? UH, I'M, UH, SOMEBODY FROM CODE ENFORCEMENT ISSUED THE VIOLATION.
I'M NOT SURE IF IT WAS A RESULT OF, UH, OF A COMPLAINT OR IF THEY JUST DROVE BY AND SAW THE WORK BEING DONE.
HOW DID WANNA ANSWER THAT? WE, WHEN WE ONE DAY WE JUST GOT A VIOLATION, UM, PROBABLY MONTHS LATER.
HOW LONG AGO WAS THIS WORK DONE? UH, 2024.
UM, HAVE THERE, HAVE THERE BEEN ANY NEIGHBOR COMMENTS? NO.
DO HAVE YOU TALKED TO YOUR, IS ANYBODY? YES, WE WE'RE VERY FRIENDLY WITH EVERYONE.
I'M SURE IT'S NOT EVEN VISIBLE FROM THIS JOB.
ANY OTHER QUESTIONS? I HAVE A QUESTION.
UM, IS THE PERGOLA VISIBLE FROM THE STREET? THEY BUILT PART OF THIS PERGOLA MM-HMM
WITHOUT A PERMIT? THE PICTURE.
SO IT'S A STRUCTURAL ISSUE LIKE THAT? YES.
ARE THEY GONNA, I DIDN'T SEE ANYTHING.
IF THEY GET APPROVED FOR VARIANCE WITH THE ADDITIONAL AREA OF THE MAKE THE PERGOLA LARGER, WILL THEY HAVE TO RE PROVIDE NEW PER PERMIT SET OF PLANS FOR THE ENTIRE PERGOLA? YES.
THEY, THEIR, THEIR PERMITS SET INCLUDES THE ENTIRE PERGOLA THAT WAS CONSTRUCTED.
SO, UM, AND, AND, UM, IT NEEDS TO PASS STRUCTURAL INSPECTION IN ALL OF THE OTHER, OTHER, OTHER REQUIREMENTS.
DOES THE CITY HAVE A MECHANISM THAT WHEN YOU'RE ASKING FOR UP TO FIVE, MAYBE 5%, IT'S A NUMBER THAT, YOU KNOW, JUST THREW OUT THAT YOU COULD TAKE CARE OF THESE TYPE OF REQUESTS? ADMINISTRATIVELY? WE DO NOT.
I, I, I DID HAD THE SAME THING IN MY HEAD, SO I AGREE WITH THAT.
THERE'S A, THERE'S A LOT OF CITIES THAT DO HAVE AN ADMINISTRATIVE VARIANCE PROCEDURE OF THEY ALLOW FIVE OR 10%.
UH, BUT WE'RE NOT ONE OF THOSE.
FIRST OF ALL, LET'S NOT SHUT DOWN OUR, OUR BOARD.
UM, I APOLOGIZE FOR MY CONTINUING IGNORANCE.
[00:40:01]
WHAT, WHY IS THIS, WHAT ABOUT THIS IS STRUCTURAL? LIKE WHAT, WHY IS IT, I'M JUST CURIOUS.I, WHAT MAKES IT STRUCTURAL? ANYTHING.
IT'S ANYTHING THAT NEEDS TO STAND UP, UH, A ROOF STRUCTURE THAT NEEDS TO STAND UP, THAT WOULD NEED TO PASS, UH, SUPPORT.
BUT IT'S, BUT IT'S LIKE SELF-SUSTAINING STRUCTURE.
IT'S NOT LIKE THE, IT'S NOT LIKE PART OF THE HOUSE, SO TO SPEAK.
SO THE ROOF OF THE PERGO LEAD DOES NOT BLOW OFF AND HIT ANOTHER HOUSE DURING A HURRICANE.
SO THAT'S WHAT MAKES IT QUOTE UNQUOTE, THAT'S TRUCTURE OR SO THAT IT DOESN'T FALL ON SOMEBODY WALKING THROUGH, YOU KNOW? THAT'S GOOD.
IS THAT CARPORT, LIKE THAT, IS THAT SIMILAR? SORRY, A CARPORT? IS THAT SOMETHING THAT WOULD BE SIMILAR? LIKE RIGHT.
THE, IT'S SIMILAR TO WHAT A CARPORT WOULD LOOK LIKE.
WERE YOU THE OWNERS OF THE HOUSE WHEN THE FIRST PERGOLA WAS BUILT? OH, THERE WAS NO, THERE WAS SOMETHING THERE BEFORE, BUT NO, WE, WE, WE BUILT THIS PIECE.
YOU BUILT IT WITHOUT A PERMIT? THIS YES.
THE GUY, THE FIRST PART, UM, NO, NO, THIS, HOW DO WE SEE WHAT WAS THERE BEFORE? IS THERE A WAY TO SEE THIS? THE, WE DIDN'T BUILD THE ORIGINAL, THE ORIGINALS HOUSE IS FROM THE FIFTIES, BUT MM-HMM
THIS PERGOLA, THE WOOD PERGOLA.
DOES THAT ANSWER THAT QUESTION? I THINK THAT, UM, ANY OTHER QUESTIONS? DO I HAVE A MOTION? I'LL MAKE A MOTION TO APPROVE.
CAN I FIRST ASK THE DRIVEWAY? MM-HMM
HOW IS THAT BEING CORRECTED? THEY, SO THE CODE REQUIRES THAT THE DRIVEWAY AT THE SETBACK LINE AT THE PROPERTY LINE NOT EXCEED 18 FEET.
SO YOU'LL HAVE TO PUT A NOTCH OR SOMETHING IN SO THAT THE DRIVEWAY GOES INTO EIGHT, GOES DOWN TO 18 FEET AT THE PROPERTY LINE.
AND THAT'S ACCEPTABLE TO THE PROPERTY OWNER? YES.
SO WE KNOW, SO IT COULD BE A CURVE OR A, OR A JUST CUT A NOTCH IN HOWEVER THEY WANNA DO IT.
SO THAT AT THE PROPERTY LINE ITSELF, IT'S 18 FEET.
UH, THAT'S ALSO ANOTHER ISSUE THAT WE'RE LOOKING AT CORRECTING IN THE CODE.
UM, JUST BECAUSE THE, THE NEEDS, ESPECIALLY OF LARGER HOMES, UM, AND MANEUVERABILITY OF HOMES ON SOME OF THE WIDER STREETS, IT CREATES AN ISSUE.
SO YOU'RE GONNA SEE LATER ON IN THE MEETING SOME VARIANCES SIMILAR FOR SIMILAR ISSUES.
UM, SO THAT'S SOMETHING WE'RE LOOKING AT CORRECTING IT.
SINCE YOU BUILT THE FIRST PERGOLA, YOU HAD TO HAVE PLANS FROM SOMEBODY, AN ENGINEER, TO DESIGN THE STRUCTURE TO, ACCORDING TO THE CODE.
NOW, HAVE YOU, DO YOU HAVE IN POSSESSION THE ORIGINAL PLANS OF THE PERGOLA? UM, YOU HAVE THE, YOU JUST PUT THEM UP, RIGHT? NO, THE HOUSE, THE ORIGINAL HOUSE HAS SOME PER SOME PORT, SOME, SOME PORTS.
BUT HE EXTENDED THE LITTLE PART.
NOW THE INTENTION IS LITTLE LIES THE PART, BUT YOU DON'T, IF YOU DON'T HAVE THE FOUND PLANS AND IT WASN'T BUILT ACCORDING TO THE CODE, THEN YOU COULD ESSENTIALLY BE FORCED TO TEAR THE PERGOLA DOWN AND BUILD A FOUNDATION THAT WILL WITHSTAND TO SUPPORT THE PERGOLAS.
WE HAVE THE PLANS AND IT WAS APPROVED ALREADY.
THE, THE, THE, THE BUILDING PLANS WERE APPROVED.
IT'S JUST THAT THE, THAT WE'RE HERE TO EXTEND THE LOT FOOTAGE OF THE PORCH.
BECAUSE WE'RE A LITTLE ABOVE THE, ABOVE THE SQUARE FOOTAGE ON THE, ON THE, IT APPEARS TO HAVE BEEN BUILT PURSUANT TO THE BUILDING CODE BECAUSE THIS, UH, STRUCK, IT WAS BUILT WITH PILINGS, WHICH WAS A BUILT WITH FOUNDATION.
THAT'S THE WHOLE POINT OF AN AFTER THE FACT PERMIT.
YOU'VE DONE THE WORK AND YOU'RE LEGALIZING WHAT'S OUT THERE.
WHAT THE, TO GET THAT AFTER THE FACT PERMIT ISSUED TO GET THE FINAL EXPENSE INSPECTIONS, IT HAS TO PASS PLANNING.
PLANNING IS WAITING TO SEE WHAT THIS BOARD DOES.
SO IT'S ALREADY PAST BUILDING STRUCTURAL.
WELL, HOW DO THEY KNOW WHAT THE FOUNDATION WAS NOT? BECAUSE THEY'VE ALREADY IN, THEY'VE INSPECTED THE PLANS THAT HAVE BEEN DRAWN.
SO NOW THEY'VE LOOKED AT THE PLANS.
THE PLANS MEET JUST LIKE THEY WERE BUILDING THIS FROM SCRATCH.
BUT THEY STILL NEED YOUR APPROVAL, OTHERWISE PLANNING WILL NOT PASS THIS.
SO WE'RE, WE'RE, WE'RE DOING THIS BACKWARDS BECAUSE THIS IS THE AFTER THE FACT PERMIT.
RIGHT? SO THEY DO NEED THE FINAL INSPECTION, BUT YOU CAN'T CALL FOR AN FINAL INSPECTION WITHOUT AN OPEN BUILDING PERMIT.
THE BUILDING PERMIT CANNOT BE ISSUED BECAUSE OF PLANNING'S COMMENTS ABOUT THE VARIANCES.
AND, AND BEFORE START THE PROCESS TO THE PLANNING AND ZONING, THE
[00:45:01]
THE COAL.WHAT THE FINAL INSPECTION WILL ENTAIL IS WHETHER OR NOT IT WAS BUILT TO THOSE PLANS, WHICH IS A DIFFERENT STORY, BUT FOR RIGHT NOW, IT'S ONLY WAITING ON PLANNING'S REVIEW TO GET THE PERMIT ISSUED.
THAT DOESN'T MEAN THE PERMIT'S FINALIZED.
THERE STILL NEED TO BE INSPECTIONS.
TO BRING IT BACK TO OUR BOARD, WE'RE REALLY CONCERNED WITH, YOU KNOW, IT'S, IT'S A FEW EXTRA FEET HERE, IT'S A FEW EXTRA FEET THERE, SO IT MIGHT LOOK DIFFERENT FROM THE STREET BECAUSE IT'S A DIFFERENT SHAPE AND IT'S A DIFFERENT APPEARANCE WITH THE HOUSE.
IT'S NOW TAKING AWAY SOME PERMEABLE LAND.
THESE ARE THE TYPES OF THINGS THAT WE'RE CONSIDERING BECAUSE IT'S, IT'S THE, THE FOOTAGE THAT'S DIFFERENT, IT'S THE VARIANCE THAT WE'RE LOOKING AT, NOT THE STRUCTURAL INTEGRITY.
THE, THE BUILDING DEPARTMENT WILL ENSURE THE, THE STRUCTURAL INTEGRITY, WHICH IS WHY I SHOULD, WHICH IS WHY I WAS SO IGNORANT ABOUT WHY IS THIS A, UH, UH, UH, WHAT DID I SAY? STRUCTURAL, RIGHT? I'M NOT ON THAT OTHER BOARD.
WELL, I KNOW THAT YOU ALREADY HAD MOTIONS UP.
I'LL MAKE A MOTION TO APPROVE.
UM, ZBA 2 6 0 2 0 2 16 15 BAY DRIVE.
IS THAT, UM, YES, WE DO HAVE PEOPLE ONLINE.
WE HAVE, UH, DAVID, UH, NEEN GARDEN, WHO I BELIEVE IS THE HOMEOWNER.
UM, BUT I DON'T, IS YOUR, UH, ARE YOU PRESENTING THE ITEM? I WASN'T PLANNING ON IT.
UM, MY, UH, ARCHITECT OR CONTRACTOR SHOULD HAVE BEEN THERE.
UM, ALTHOUGH AN INVITE I RECEIVED WAS FOR, UM, 10:30 AM SO I'M NOT SURE IF THEY COME BACK TO IT, HAVE THE TIME INCORRECT OR NOT.
I CAN PREVIEW LAST, MAYBE THEY ASSUME THAT BECAUSE WE HAD SO MANY ITEMS BEFORE THAT, NOW WE'RE MAKING GOOD TIME GUYS.
DO YOU WANT ME TO PUT YOU, UH, LAST AND HOPEFULLY HE WILL BE HERE BY THEN, OR YES, WE CAN TABLE THE ITEM AND, AND THEN COME BACK.
YEAH, I THINK THAT'S PROBABLY BEST.
ARE THERE OTHER PEOPLE ONLINE FOR THIS? NO.
SO, UM, GOING TO CALL ZBA (260) 203-7805.
SHOULD WE JUST HAVE LUNCH? I THINK, I THINK EVERYBODY, I THINK EVERYBODY ASSUMED THAT IT WOULD, THAT IT WOULD BE A WHILE BEFORE WE GOT TO THEM.
SO DID WE, UM, LET ME, LET ME, IF YOU DON'T MIND, IF, IF YOU GAVE ME FIVE MINUTES TO CALL A FEW PEOPLE, THAT'S FINE.
ON BREAK, WE'LL GO TAKE A BREAK.
ONE WELCOME BACK TO SEPTEMBER 18TH MEETING.
[9. ZBA26-0203, 7805 NOREMAC AVENUE]
WITH ITEM NUMBER NINE ON THE AGENDA.ZBA 2 6, 0 2 0 3, 78 0 5 MACK AVENUE.
ALRIGHT, SO THIS IS, UH, AND ZBA 26 0 2 0 3 7 8 0 5, NOR MACK AVENUE ON BISCAYNE POINT.
UM, AN APPLICATION HAS BEEN FILED REQUESTING VARIANCES TO INCREASE THE ALLOWABLE LOT COVERAGE, REDUCE THE FRONT YARD SIDE YARD, AND SOME OF SIDE YARD SETBACKS AND INCREASE THE ALLOWABLE ROOFTOP DECK AREA IN ORDER TO CONSTRUCT A TWO STORY ADDITION WITH A ROOF DECK AND A CARPORT ON AN EXISTING SINGLE FAM SINGLE STORY SINGLE FAMILY HOME.
UM, THE, UM, THIS IS A HOME LOCATED ON BISCAYNE POINT ON A CANAL.
UM, IT'S IN THE RS FOUR ZONING DISTRICT.
IT'S A A 9,000 SQUARE FOOT LOT SIZE.
UH, THE HOME, UH, HAS AN EXISTING UNIT SIZE OF 2,487 SQUARE FEET, OR 32%.
AND THEY'RE PROPOSING, UM, AN ADDITION THAT WILL TAKE THEM TO 3,225 SQUARE FEET, WHICH IS 35.8%, WHICH IS WELL BELOW THE MAXIMUM OF WHAT THEY COULD BUILD.
UM, SO THEY'RE, THEY'RE PROPOSING A TWO STORY ADDITION.
THERE IS CURRENTLY AN OPEN AIR TERRACE IN THAT LOCATION.
THEY'LL BE REMOVING THAT OPEN AIR TERRACE AND BUILDING A TWO STORY ADDITION.
THE, UH, ADDITION WILL INCLUDE
[00:50:01]
A DECK, UH, A ROOF DECK ON TOP.IT WILL NOT BE A COVERED DECK, SO YOU'RE JUST GONNA SEE THE, THE RAIL, THE PERIMETER RAILS, UH, AS PART OF THAT DECK.
UM, THE APPLICANT IS REQUESTING VARIANCES BECAUSE THEY HAVE AN EXISTING HOME THAT HAS NON-CONFORMING SETBACKS.
SO THE HOME HAS SMALLER THAN WHAT IS CURRENTLY REQUIRED SETBACKS.
AND THEY WOULD LIKE FOR THEIR ADDITION TO FOLLOW THE SETBACKS OF THE EXISTING HOME.
UM, SO THEY NEED, THEY NEED VARIANCES, UM, FOR THAT.
UM, THE OTHER THING THAT HAPPENS IS THE CODE HAS A LOT COVERAGE OF 40% FOR ONE STORY HOMES, BUT WHEN YOU GO TO A TWO STORY HOMES TO A TWO STORY HOME, THE LOT COVERAGE DROPS TO 30%.
UM, SO THEY ALREADY, THEY ALREADY HAVE A, A HOME THAT EXCEEDS THE TWO STORY LOT COVERAGE BECAUSE IT'S ALWAYS BEEN A ONE STORY HOME.
BY ADDING THAT SECOND FLOOR ADDITION, IT DROPS THE LOT COVERAGE.
SO THEY WOULD HAVE TO DEMOLISH PIECES OF THE HOME IN ORDER TO COMPLY WITH THAT.
SO THAT CREATES A HARDSHIP FOR THEM.
UM, THEN THE OTHER, THE OTHER VARIANCE IS THE FRONT SETBACK.
IT RELATES TO A CARPORT THAT THEY WANT TO BUILD IN THE FRONT.
THE LOCATION THAT MAKES THE MOST SENSE FOR THE CARPORT HAS A, AN EXISTING SPECIMEN TREE AT THAT LOCATION THAT THEY WOULD LIKE TO MAINTAIN.
SO THEY'RE REQUESTING THE SETBACK VARIANCES SO THEY CAN MOVE THE CARPORT IN FRONT OF THAT TREE, UM, AND HAVE A, AND HAVE A PLACE WHERE THEY CAN PROTECT THEIR CAR.
THEY'VE MINIMIZED THE CARPORT TO THE EXTENT POSSIBLE SO THAT IT, SO THAT THE SETBACK IS, UM, THE ABSOLUTE, UH, MINIMUM NECESSARY TO PROVIDE A, A USABLE CARPORT.
UM, SO I'LL READ WHAT THE THREE VARIANCES ARE.
UM, THE FIRST IS THE SIDE SETBACK VARIANCES.
UM, IT'S A VARIANCE FROM SECTION 7 2 2 3 B ONE.
THE MINIMUM REQUIRED SIDE YARD SETBACK OF SEVEN FEET SIX INCHES, AND THE SUM OF THE SIDE YARDS OF 25% OF THE LOT WIDTH FOR LOT 65 FEET IN WIDTH OR LESS, OR 15 FEET.
UM, IN ORDER TO CONSTRUCT A NEW TWO STORY ADDITION WITH A NORTH SIDE SETBACK OF FIVE FEET, TWO INCHES, AND A SOUTH SIDE SETBACK OF FOUR FEET, 10 INCHES, AND THE SUM OF THE SIDE YARD SETBACKS OF 10 FEET.
UM, AND THIS IS CONSISTENT WITH THE HOME'S EXISTING SIDE SETBACKS.
SO THEIR ADDITION WILL FOLLOW THE EXISTING SETBACKS OF THE HOME.
UM, THE NEXT IS A LOT COVERAGE VARIANCE, A VARIANCE FROM SECTION 7 2 2 3 B ONE TO EXCEED THE MAXIMUM LOT COVERAGE OF 30% FOR A TWO STORY HOME IN ORDER TO CONSTRUCT A NEW ADDITION WITH A LOT COVERAGE OF 39.9% OR 3,590 SQUARE FEET.
UH, ONE THING TO NOTE, UM, 39.9% IS STILL LESS THAN THE LOT COVERAGE WE ALLOW FOR A ONE STORY HOME.
SO, UM, SO IT'S, IT WOULD BE CONSISTENT WITH WHAT'S ALLOWED FOR THE EXISTING ONE STORY HOME.
BUT AS I MENTIONED, SINCE THEY'RE GOING TO TWO STORY, THE HOME, THE LOT COVERAGE DROPS PER THE CODE.
THE NEXT IS A ROOF DECK VARIANCE.
UM, A VARIANCE FROM SECTION 7 2 2 3 B EIGHT TO EXCEED THE MAXIMUM DECK AREA OF 25% OF THE ENCLOSED FLOOR AREA IMMEDIATELY, ONE FLOOR BELOW OR 139.2 SQUARE FEET TO ALLOW A DECK WITH AN ENCLOSED AREA OF 402 SQUARE FEET, OR 72.1% OF THE ENCLOSED FLOOR AREA BELOW.
UM, THE, BECAUSE THEY'RE DOING A SECOND FLOOR EDITION, THAT SECOND FLOOR IS RELATIVELY SMALL.
IT'S, IT DOESN'T COVER THE WHOLE DIMENSIONS OF THE HOUSE.
THEY HAVE A VERY LIMITED AREA THAT THEY CAN PUT THE DECK.
UM, THE CODE LIMITS THEM TO 25% OF THAT AREA, WHICH, WHICH BASICALLY MAKES A DECK THAT'S NOT USABLE.
SO THEY'RE REQUESTING A VARIANCE TO INCREASE THAT DECK SIZE.
IT COMPLIES WITH ALL OF THE DECK SETBACKS.
SO IT HAS 10 FEET FROM THE FRONT, 10 FEET FROM THE SIDES, AND THEN IT GOES RIGHT UP AGAINST THE WATER.
UM, IT, IF THEY, IF THIS HOME WERE A BRAND NEW HOME AND THEY HAD A MUCH LARGER SECOND FLOOR THE WAY IT WOULD LIKELY HAVE, THEY WOULD HAVE A, A MUCH MORE ROOM FOR A, FOR A USABLE DECK.
SO THAT CREATES A, A, A HARDSHIP FOR THEM BECAUSE THEY HAVE A LOT OF SURFACE AREA FOR THAT ONE STORY HOME.
BUT THE TWO STORY PORTION IS VERY NARROW.
UM, SO THAT CREATES A HARDSHIP THERE.
THE NEXT IS A SOLAR CARPORT VARIANCE, A VARIANCE FROM SECTION 7 2 2 3 B12 E TO ALLOW FOR A SOLAR CARPORT WITH A FRONT SETBACK OF FIVE FEET WHERE 15 FEET IS REQUIRED, AND A SEPARATION FROM THE MAIN HOME OF 12 FEET, TWO INCHES WHERE ONE FOOT IS PERMITTED.
UM, SO AGAIN, THE CODE REQUIRES THAT THESE CARPORTS BE BROUGHT UP RIGHT AGAINST THE HOUSE.
UM, AND BECAUSE THERE IS A TREE RIGHT UP AGAINST THE HOUSE, THEY CAN'T LOCATE IT THERE.
THEY'D LIKE TO KEEP THAT TREE.
UM, AND, AND THE CITY ALWAYS ENCOURAGES KEEPING THE TREES.
IT'S PART OF OUR TREE PROTECTION ORDINANCE.
WE, WE DON'T WANT THEM TO HAVE TO REMOVE THAT TREE.
SO WE ARE SUPPORTIVE OF THE GRANTING OF THAT VARIANCE.
UM, SO WITH THAT, UM, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED ORDER, UM, WHICH ARE JUST THE STANDARD CONDITIONS.
THERE ARE NO, NO SPECIAL, UH, CONDITIONS IN THIS CASE.
AND WE C WE HAVE THE, UM, THE ARCHITECT IS AVAILABLE ONLINE ON ZOOM, UM, ANTHONY LEON.
AND BEFORE WE START, ARE THERE ANY DISCLOSURES BY THE BOARD? OKAY.
AND MR. LEON, I'M GONNA HAVE TO SWEAR YOU IN AND ANYONE ELSE THAT'S SPEAKING VIRTUALLY
[00:55:01]
ON THIS MATTER, IF YOU COULD UNMUTE YOURSELF NOW.MR. LEON, UM, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY, UM, AM I MUTED? NO, YOU'RE GOOD.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YEAH.
I'M GONNA SET THE CLOCK FOR 10 MINUTES TO ADDRESS THE BOARD.
IF YOU NEED MORE TIME WHEN YOU HEAR THE BUZZER, PLEASE ASK THE CHAIR.
UM, I APOLOGIZE FOR NOT, UH, BEING EARLIER.
I, I REALLY, I THOUGHT I WAS GONNA BE UP AFTER LUNCH, BEING THAT I WAS NINE OUT OF 11 PROJECTS.
UM, I HAVE IGNACIO ON THE, ON THE, UH, I'M A LITTLE UNPREPARED BECAUSE I, I WASN'T EXPECTING, SO I'M NOT, I'M NOT ANYWHERE WHERE I HAVE THE DRAWINGS IN FRONT OF ME, OR EVEN WHAT I WAS GONNA SAY.
SO I HAVE IGNACIO ON THE CALL TOO.
I THINK HE CAN, UH, SHARE SCREEN IF THAT'S, IF THAT'S NEEDED.
UM, AND, UM, THANK YOU ROGELIO FOR, FOR YOUR PRESENTATION.
I MEAN, I OBVIOUSLY, IT, IT, UH, IT DESCRIBES ALL THE VARIANCES AND EVERYTHING THAT WE'RE DOING WITH THE PROJECT.
I THINK ONE OF THE THINGS THAT I'D JUST LIKE TO KIND OF POINT OUT IS THE, THE WHOLE REASON FOR WHY WE'RE EVEN, UH, ASKING FOR ANY VARIANCES.
UM, AND, AND, AND THE, JUST THE ISSUE THAT WE'RE DEALING WITH IS THIS HOUSE IS, IS EXISTING.
UH, IT LOOKS LIKE THERE WAS AN ADDITION PUT ON, UH, UH, RECENTLY OR MAYBE, I DON'T KNOW, UH, SOME, SOME SOMETIME AGO WHERE THERE WAS AN ADDITION PUT ACROSS THE ENTIRE REAR OF THE PROPERTY.
AND THAT ADDITION WAS AN EXPANSION OF A KITCHEN AND A LIVING AREA, AND A MASTER AND A MASTER BEDROOM OR A, A, A BEDROOM.
AND THAT KIND OF GOES ACROSS THE ENTIRE, YOU KNOW, BACK END OF THE HOUSE.
UH, AND THEN HAD A COVERED, A COVERED PORCH, UH, COVERED TERRACE, SORRY, IN THE BACK, JUST ADJACENT TO THE POOL.
SO IF WE WERE TO BUILD THIS ADDITION, UH, DOWN ON THE GROUND LEVEL, UH, AND IT IS A MASTER BEDROOM ADDITION, IT WOULD BASICALLY JUST BLOCK THE LIVING IN THE OTHER BEDROOM FROM HAVING ACCESS TO A TERRACE OR TO THE POOL.
SO THE ONLY REAL PLACE WHERE WE CAN, UH, DO THIS ADDITION IS DIRECTLY ON TOP OF WHAT'S THE COVERED PORCH.
AND IT KIND OF KEEPS THE, THE COVERED TERRACE, UH, USABLE AND IT KEEPS THE, THE LIVING AREAS TO HAVE ACCESS TO THE COVERED TERRACE AND TO THE POOL.
UM, SO BUILDING THE, THE BEDROOM UP ON THE SECOND FLOOR WITH ACCESS TO THE, TO THE, TO THE POOL DECK, UH, FROM A, FROM A BALCONY IS JUST THE ONLY, THE ONLY OPTION WE HAVE.
WE DO HAVE YOUR POWER, YOUR PRESENTATION THAT WAS SUBMITTED ON THE SCREEN IF YOU'D LIKE TO GO THROUGH IT.
SO THIS, UH, FIRST VIEW, THIS RENDERING HERE JUST SHOWS THAT, UH, ON THE GROUND FLOOR WHERE THOSE SLIDING, UH, DOORS ARE, THAT'S THE EXISTING, UH, UH, WALL OF THE, UH, REAR OF THE HOUSE.
UH, AND THEN THERE WAS A COVERED TERRACE THAT IS SHOWN REMOVED IN THIS RENDERING WITH THE ADDITION ON TOP.
SO WE'RE ADDING IN THAT COVERED TERRACE, UH, WHERE THE COVERED TERRACE WAS.
WE'RE ADDING THE STAIRS THAT GOES UP TO THE, UH, TO THE BEDROOM.
UM, YOU CAN GO TO THE NEXT SLIDE.
I THINK ALL THIS STUFF WAS DISCUSSED.
ALL THE NEIGHBORING PROPERTIES, PHOTOS.
SO HERE JUST, YOU CAN SEE THE, THE, THE, WHERE THE COLUMNS ARE ON THE RIGHT SIDE, JUST ADJACENT TO THE POOL.
AND THAT'S BASICALLY WHERE THE ADDITION IS JUST GOING UP ON THE SECOND FLOOR.
'CAUSE, UH, OBVIOUSLY BUILDING THE ADDITION WHERE THAT COVERED TERRACE IS TERRACES WOULD JUST BLOCK, UH, ACCESS TO THE POOL.
SO THE TOP ELEVATION ALL THE WAY TO THE RIGHT, YOU COULD SEE THOSE.
THAT SLOPING ROOF WAS AN ADDITION THAT WAS DONE AND THE COVERED TERRACE THERE.
SO, UM, THAT'S THE, THAT'S THE CONDITION THAT WE'RE DEALING WITH.
AND WE'RE, WE'RE BUILDING THE ADDITION RIGHT WHERE THAT COVERED TERRACE IS ALL THE WAY TO THE RIGHT ON THAT UPPER, UM, UPPER SCREEN, UH, UPPER ELEVATION.
THIS IS THE SECOND FLOOR PLAN BASE, OR FIRST FLOOR PLAN, SORRY, SHOWING WHERE THE STAIRS ARE.
AND THAT AREA IN PINK IS BASICALLY STILL THE, THE COVERED TERRACE.
THE DEMOLITION, WE'RE SHOWING WHAT'S, WHAT'S DEMO IS BASICALLY THE COVERED TERRACE.
[01:00:01]
AND HERE ARE THE DIAGRAMS THAT SHOW THE LOCATION AND THE SETBACK, UH, REQUIREMENTS.AND THERE'S A LITTLE GREEN AREA RIGHT BETWEEN THE CARPORT AND THE HOUSE.
UH, THAT'S WHERE THE, THE TREE IS THE REASON FOR MOVING THE, THE CARPORT UP TO TOWARDS THE PROPERTY LINE.
UH, I CAN'T REALLY SEE ON MY PHONE WHAT THESE ARE, BUT I THINK THESE ARE JUST THE DIAGRAMS FOR THE FRONT AND REAR PERVIOUS AREAS.
NEXT SLIDE ONLY 'CAUSE I CAN'T SEE ANYTHING.
I GUESS I, I COULD TAKE SOME QUESTIONS.
IF ANYONE HAS ANY QUESTIONS THAT MIGHT BE BETTER.
DOES THAT CONCLUDE YOUR PRESENTATION, MR. LEON? OH, SORRY.
SO I'M GONNA STOP THE CLOCK NOW AND WE'LL OPEN IT UP TO PUBLIC COMMENT.
IS THERE ANYONE HERE IN THE PUBLIC OR ONLINE TO SPEAK? ANYBODY ONLINE WHO'D LIKE TO SPEAK? PLEASE RAISE YOUR HAND.
NOW OPEN TO ANY QUESTIONS FROM THE BOARD.
WHAT IS THE SOLAR CARPORT? SO THE CODE HAS TWO TYPES OF CARPORTS.
UM, A SOLAR CARPORT SPECIFICALLY IS JUST ANY STRUCTURE, AND IT HAS SOLAR PANELS ON TOP.
THE OTHER TYPE OF CARPORT THAT THE CODE ALLOWS, THEY'RE NOT VERY ATTRACTIVE.
THEY'RE CONSIST OF CANVAS AND PIPE.
UM, SO METAL PIPE OR, OR, OR PVC PIPE AND JUST CANVAS, UH, STICKING OUT FROM THE FRONT OF THE HOUSE.
SO THOSE ARE THE, THOSE ARE THE TWO TYPES OF THINGS THAT WE CONSIDER A CARPORT.
SO THIS IS ACTUALLY, CARS WILL GO BELOW MM-HMM
BUT THIS IS, IT JUST HAS SOLAR PANELS ON TOP.
THIS SOLAR WILL ALSO HELP THEM ELECTRIC GENERATE, HOUSE GENERATE ENERGY.
ANY OTHER QUESTIONS? SUPPORT BY, I WAS GONNA ASK THAT QUESTION.
UM, THE SPECIMEN TREE, UH, I THINK THERE, YOU SAID SOMETHING ABOUT THE CITY ENCOURAGES TREES AND I LIKE TREES.
ONE IS I DON'T SEE IN THE RENDERINGS OR PICTURES OR WHATEVER THESE THINGS ARE, ANY TREE WHATSOEVER IN BETWEEN THE CARPORT AND THE HOUSE IN THAT GREEN SPACE, THERE'S ONE LIKE OFF TO THE SIDE ISH.
THAT'S, IS IT ON YOUR PRESENTATION? DO YOU HAVE ANY PICTURES OF THE TREE? WHERE IS THE TREE? TREE? UM, CAN YOU GO BACK TO THE PAGES WHERE THE PHOTOS ARE? I'LL JUST HAVE TO TAKE A LOOK AT THAT, ACTUALLY.
AND IF YOU, IF YOU LOOK AT THEIR SURVEY, UM, AT THE FRONT SKETCH OF THE SURVEY, YOU SEE THE TREE, IT'S LOCATED THERE.
UM, IT'S A, IT'S ACTUALLY A MANGO TREE ON.
THAT WAS GONNA BE MY NEXT QUESTION.
IS WHAT KIND OF TREE? IT MUST, BECAUSE THERE ARE, I MEAN, THERE ARE INVASIVE TREES, RIGHT? MM-HMM
THAT WE DON'T ENCOURAGE MM-HMM
SO WE DON'T ENCOURAGE ALL TREES.
YEAH, IF IT IS THERE, IT'S THERE.
BUT IF IT EXISTS, AND IT'S A MANGO TREE, SO IT'S REQUIRED IN MIAMI TO, OKAY.
UM, FRIENDS FROM THE MANGO TREE.
WHAT WAS MY OTHER QUESTION? OH, IS THERE ANYTHING FROM THE NEIGHBORS? WE HAVEN'T HEARD ANYTHING FROM THE NEIGHBORS.
NO, BECAUSE I'M JUST, I'M LOOKING AT A DASH 7.2.
THERE'S SIX PHOTOGRAPHS OR IMAGES.
AND IF I'M GETTING THIS, IT LOOKS LIKE THERE'S THIS WHAT LOOKS LIKE AN ORIGINAL HOUSE WITH THE SLOPED ROOFS.
AND THEN THERE'S LIKE THIS COMPLETELY, ENTIRELY DIFFERENT MODERN STRUCTURE THAT ADD TO IT, WHICH IS WHAT IS BEING BUILT.
AND IT JUST LOOKS INTERESTING TO ME.
UM, AND, UH, LIKE THE, THE TOP MIDDLE PHOTOGRAPH, YOU GET A REALLY GOOD VIEW OF THAT OR IMAGE IN THE BOTTOM RIGHT HAND CORNER IMAGE.
UM, IN THE, IN THE LOWER RIGHT, YOU CAN SEE THE TREE, UH, BETWEEN THE HOUSE AND THE CARPORT.
IT'S NOT, IT'S PROBABLY, IT'S PROBABLY NOT AN ACCURATE REPRESENTATION OF THE TREE, BUT THAT'S, THAT'S, OH, BACK TO THE TREE.
I MEAN, THE CARPORT FOR SOME REASON IS
MAYBE I DON'T KNOW WHERE THE TREE IS AS OPPOSED TO BEING PUSHED TOWARD THE LEFT, WHICH WOULD MAKE IT AWAY FROM THE TREE.
[01:05:01]
I MEAN, IT LOOKS LIKE THERE'S SPACE THERE.I, SO IT WOULD, IT WOULD BE A 40% SETBACK FOR FIRST FLOOR, FOR ONE FLOOR, 30%.
OH, IS THAT THE HOUSE FOR THE SECOND FLOOR? WHERE IS THAT? AND THEY'RE GONNA BE AT LIKE 39.
THE CODE ALLOWS, SO IF YOU'RE DOING A TWO STORY ADDITION TO A SINGLE STORY HOME, UM, TYPICALLY SINGLE STORY HOMES HAVE A 20 FOOT SETBACK.
UM, AND THE CODE ALLOWS FOR SINGLE STORY HOMES TO HAVE A 20 FOOT SETBACK.
IF YOU HAVE YOUR FIRST STORY AT 20 FEET, THE SECOND FLOOR NEEDS TO BE SET BACK TO 40.
UM, VERSUS IF YOU WERE BUILDING A BRAND NEW TWO STORY HOME, YOU COULD BUILD THE ENTIRE THING AT 30.
AND WHAT'S THIS AT THE FRONT IS ABOUT 20.
AND THEN THEY'RE, THEY'RE SETTING THE, THE, THE SECOND STORY PORTION BACK EVEN FURTHER.
UM, I MEAN, IT LOOKS, THEY'RE, THEY COMPLY WITH THAT PART.
THEY, THEY DON'T HAVE ANY ISSUES WITH THE, WITH THE FRONT SETBACKS? NO, BUT IT'S THE REAR SETBACK THAT'S THE ISSUE RIGHT ALONG THE WATER? NO, THEY, THEY COMPLY WITH THE REAR SETBACK.
THEY, WHAT THE ISSUE IS IS THE LOT COVERAGE.
UM, WHAT THEY DON'T COMPLY WITH ALSO IS THE SIDE SETBACKS.
BECAUSE THAT'S WHY I ABOUT THE NEIGHBORS, IT LOOKS AWFULLY CLOSE TO THE, BECAUSE THE EXISTING HOME ALREADY HAS THAT SETBACK, THEY WANTED TO FOLLOW THE EXISTING LINES.
UH, THE CODE ALLOWS YOU TO FOLLOW THE EXISTING LINES FOR A ONE STORY EDITION, BUT NOT FOR TWO STORY EDITIONS.
UM, INTERESTINGLY, THIS IS AN OLDER HOME IF, BUT HOWEVER, THE, THE DESIGN OF THE HOME OF THE, THE FRONT OF THE HOME HAS BEEN MODIFIED.
UM, ONE OF THE THINGS THEY, THAT WE EXPLORED EARLY ON IS IF THEY COULD DESIGNATE THE HOME AS ARCHITECTURALLY SIGNIFICANT, WHICH IF YOU MAINTAIN THE ORIGINAL LOOK OF THE HOME, YOU GET ALL SORTS OF ZONING INCENTIVES.
AND, UM, HAD THEY, HAD THE HOME BEEN MAINTAINED WITH ITS ORIGINAL, UH, UH, STYLE OF ARCHITECTURE FROM WHEN IT WAS FIRST BUILT, THEY LIKELY WOULD'VE BEEN ABLE TO GET DESIGNATED AND THEY COULD HAVE DONE THESE ADDITIONS WITHOUT ANY VARIANCES.
BUT YEAH, BUT I, AND, AND THESE, THE MODIFICATIONS WERE DONE YEARS AGO, SO THIS IS NOT, THESE ARE NOT NO, I HEAR YOU.
I'M JUST LIKE, SO I, I KAYAK, RIGHT? MM-HMM
ON THAT WATER THERE, AND I FEEL LIKE THIS SECOND FLOOR IS GONNA BE LIKE MM-HMM
I'M GONNA NOTICE IT WHEN I GO BY AND I'LL, THERE'S A, THERE'S A LARGE, OH, I KNOW THAT THERE'S A REALLY LARGE, UH, HEDGE THAT RUNS ALONG THE PROPERTY IN THE REAR.
UM, SO PROBABLY KAYAKING, YOU WOULDN'T SEE IT, AND PROBABLY NOT EVEN IN A REGULAR BOAT.
WOULD YOU SEE IT? UM, IT'S A BIG, IT'S A BIG HEDGE.
THERE'S LIKE A LITTLE OPENING RIGHT IN THE MIDDLE OF THE, OF THE REAR YARD, UM, RIGHT AT THE PROPERTY LINE THAT YOU KIND OF WALK THROUGH TO GO OUT TO THE, TO THE SEA WALL.
SO IT'S A BIG, BIG HEDGE FOR PRIVACY.
DO YOU HAVE ANY MORE QUESTIONS? I KNOW YOU SAID YOU HAD A FEW.
ANY OTHER QUESTIONS, COMMENTS, ANYTHING? NO.
IS THERE, IS THERE A PARTICULAR PART OF THE VARIANCE OR WHICH, WHICH OF THE VARIANCES WOULD, UM, SHOULD BE WORKED ON OR CONSIDERED? UM, YOU KNOW, ONE, ONE OF THE SIDE SETBACK, UH, VARIANCES THAT WE'RE REQUESTING, UH, THE ACTUAL STRUCTURE OF THE ADDITION IS PUSHED, IS PUSHED INWARD.
SO THE ONLY THING THAT'S MATCHING THE EXISTING SIDE SETBACK IS THE TERRACE.
UM, YEAH, IF THEY WERE TO BUILD A NEW HOME, THE ONLY DIFFERENCE WOULD BE THAT THE SIDE SETBACKS WOULD BE LARGER, BUT YOU COULD HAVE STRUCTURE GOING THAT FAR BACK AS A, WITH A NEW HOME.
IF, IF, IF THEY, NAH, YEAH, IF THEY, FOR THAT SECOND FLOOR, THERE'S AN OVERHANG, IT LOOKS LIKE WITH, LIKE, THE COOL LITTLE STICKS THAT ARE CROSSING, POINTING UP.
UM, LIKE THAT OVERHANG PART, WASN'T THERE, WOULD THAT CHANGE THE LAW COVERAGE AT ALL? UM, THE OVERHANG, YEAH.
THERE'S A, THERE'S A, THERE'S A SECTION THERE THAT WE COUNT BECAUSE IT'S, UH, THAT WE COUNT TOWARDS THE LOCK COVERAGE BECAUSE THE EXTENSION OF THAT, UH, TERRACE IS LARGER THAN FIVE FEET, RIGHT? SO WHATEVER EXTENDS BEYOND FIVE FEET COUNTS IN THE LOCK COVERAGE.
BUT IT, I THINK IT DOES COUNT.
UM, THERE IS A DIAGRAM AND IGNACIO, MAYBE YOU CAN FIND THE, THE SHEET THAT SHOWS WHERE WE'RE CALCULATING THE, THE LOCK COVERAGE.
[01:10:01]
CAN YOU HEAR ME? YES.SO YEAH, ON THE SHEET, UH, A 1.2, THERE, THERE ARE THE, THE DIAGRAMS, UH, REFERRING TO THE BARRS, UM, SWORN IN.
AND ALSO, UH, UH, WE, WE WERE TRYING TO BE RESPECTFUL ON THE, ON THE NEIGHBORS ON THIS.
I DON'T THINK YOU WERE SWORN IN.
NO, UH, IGNACIO, IF YOU COULD, UH, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
SO HERE WE'RE SHOWING THE, UM, THE IMPACT ON THE COVERAGE, UH, WHICH IS ACTUALLY PRETTY MUCH THE SAME AS WE HAVE, UH, RIGHT NOW ON THE EXISTING HOUSE.
SO WE'RE TRYING TO PRESERVE THAT.
SO IT'S NOT A, LIKE A BIG IMPACT OR SOMETHING THAT IT'S, UH, UH, TOO BIG.
SO IT'S LIKE NOT ABUSIVE, LET'S SAY.
UH, ALSO WE WERE CONSIDERING THE, THE, THE, THE SIDES AND THE, THE NEIGHBORS.
UH, SO YOU CAN SEE ON THE NORTH SIDE, I THINK IT IS LIKE THE UPPER SIDE WHERE THE BATHROOM IS, THERE'S NO OPENINGS OR ANYTHING LIKE FACING THE NEIGHBOR.
UM, ACTUALLY, I'VE BEEN THERE WALKING AROUND THE HOUSE, AND IF YOU SEE, IT'S LIKE PRETTY DIFFICULT TO, TO REALIZE THAT.
UM, BECAUSE OF THE, ALL THE BIG VEGETATION AROUND THE HOUSE AND THE NEIGHBORS, AND FACING THE WATER, YOU COULD, IF YOU'RE IN THE HOUSE, YOU CAN EVEN SAY THAT YOU HAVE A, A WATER, UH, REAR, REAR FACING THE WATER, YOU HAVE TO GO THROUGH THIS HITCH.
LIKE, IT'S PROBABLY, I DON'T KNOW, SEVEN OR EIGHT FEET FULL.
UM, SO WE WERE WALKING AROUND ON, ON TRYING TO HAVE THESE ADDITION, LIKE FOR A, FOR A MASTER BATHROOM, AS YOU CAN SEE.
UH, BUT RESPECTING THE EXISTING CONDITIONS OF THE HOUSE, THE ILLUMINATION INSIDE AND EVERYTHING.
UH, SO, WELL, I DON'T KNOW, WE, WE COULD ADDRESS WHATEVER CONCERNS YOU GUYS HAVE.
UH, CAN I, UH, SHOW THE, SHOW THE, UM, UH, WHERE THE, WHERE THE HATCH IS THAT WE CONSIDER THE LOT COVERAGE FOR THE, FOR THE TERRACE? I UNDERSTAND, I DIDN'T UNDERSTAND WHAT YOU JUST SAID.
CAN YOU REPEAT THAT? SOMETHING ABOUT, UH, WHAT LOT COVERAGE AND, UH, OVER, CAN YOU REPEAT WHAT YEAH, THE ONE OF, UM, IF YOU CAN, IF YOU CAN SEE THE BOTTOM.
UM, I, I JUST, I CAN'T ZOOM IN ON MY, ON MY PHONE, SO I'M, I'M SORRY.
BUT ON THE BOTTOM RIGHT CORNER, THE, THE, IT SHOWS THE FLOOR PLAN OF THE SECOND FLOOR, AND THE SECOND FLOOR IS SET BACK.
PROBABLY THERE'S A DIMENSION LINE THAT I CAN'T READ.
IT'S GOTTA BE PROBABLY 10 FEET WHERE THE ACTUAL STRUCTURE OF THE SECOND FLOOR IS SET BACK AWAY FROM THE SOUTH, UH, EDGE OF THE HOUSE.
SO THERE'S LIKE A OF STAIRS, 15 FEET SET BACK? YEAH, 15 SAYS 15 FEET SET BACK THERE.
UH, SO, SO THAT 15 FOOT TERRACE, THE TERRACE DOES HAVE SOME SQUARE FOOTAGE OF THAT TERRACE COUNTS TOWARDS THE LOCK COVERAGE.
SO IF WE DID NOT HAVE THAT TERRACE THERE, UH, THERE WOULD BE SOME SQUARE FOOTAGE OR SOME LOT COVERAGE THAT WE'D BE ABLE TO REDUCE.
NOW, OBVIOUSLY, REDUCING THAT TERRACE, UH, YOU KNOW, REMOVES A COVERED AREA OF THE TERRACE BELOW, UH, WHICH IS FOR THE, THE BEDROOM THAT'S EXISTING.
UM, SO HAVING THE TERRACE, YOU KNOW, MAKES SENSE FOR, FOR, UH, ON THE SECOND FLOOR TO COVER ON THE FIRST FLOOR.
AND I WOULDN'T WANNA REMOVE IT, BUT IT IS KIND OF PUSHING THE BUILDING AWAY FROM THE PROPERTY LINE.
IT'S NOT RIGHT UP AGAINST THE EDGE OF THE PROPERTY LINE, THE WAY IT IS ON THE OTHER, THE WAY IT IS ON THE OTHER SIDE.
BUT ON THE OTHER SIDE ALSO BEING, UM, THE ONE, THE, THE SIDE OF THE LOT, WHICH I THINK IS THE FIVE FEET, FIVE FEET, UH, WE HAVE A SOLID WALL THERE SO THAT THERE'S NO, UM, FROM THE, FROM THE BATHROOM THERE, THERE'S NO WINDOWS OR ANYTHING LOOKING TO THE NEIGHBOR.
UM, AND AGAIN, COULD WE PULL, YOU KNOW, MOVE THE, THE ADDITION SO THAT IT SLIDES OVER TO BE A LITTLE BIT FURTHER AWAY FROM THE OTHER SIDE, WOULD JUST REDUCE THE SIZE, UH, OF THE COVERED AREA BELOW.
AND ALSO, UM, NOT ALLOW US TO BE ALIGNED WITH THE, WITH THE, UH, WITH THE EXISTING HOUSE, WHICH JUST STRUCTURALLY MAKES SENSE AS WELL.
FOR, FOR THEIR REAR YARD, THE CODE REQUIRES THEM TO HAVE A, A REAR YARD OF 22 FEET, FIVE INCHES.
AND THIS HOUSE ACTUALLY HAS A SETBACK
[01:15:01]
OF 43 FEET.SO THEY'RE FAR LARGER THAN WHAT THE CODE REQUIRES FOR THE REAR.
I MEAN, JUST, JUST READING THE ROOM, I I, I'M GONNA PUT A MOTION FORWARD TO CONTINUE ASSIGNMENT TO NOVEMBER.
DO I HAVE A SECOND? OR NOVEMBER OR OCTOBER? CAN WE, I THINK THEY'RE GONNA NEED MORE THAN FOUR WEEKS TO COME BACK WITH SOMETHING THAT'S GONNA BE ACCEPTABLE.
I WOULD PROB I WOULD BE SUPPORTIVE WITH THAT, BUT CAN I ASK YEAH.
CAN WE TRY TO MAKE SURE THAT THAT ADDITIONAL TIME IS USED AS FRUITFULLY AS POSSIBLE? SO LIKE TO, YEAH.
TO, SO, SO JUST SO I UNDERSTAND THAT, THAT SECOND FLOOR OVERHANG THINGY MAJI THAT WE'VE BEEN TALKING ABOUT, I THINK IT GOES SOUTH, IT'S A SOUTHEAST CORNER, MAYBE? MM-HMM
I'M NOT TALKING ABOUT THE PORTION IN THE SOUTHEAST CORNER THAT IS COVERING THE FIRST FLOOR.
I'M TALKING ABOUT THE PART ABOVE THAT, THE ROOF, THE ROOF, SO TO SPEAK.
IF THAT, IF JUST THAT PART WERE GONE, WOULD THAT CHANGE THE LOT COVERAGE AT ALL? THE OVERHANG OVER THE SECOND FLOOR? CORRECT.
WE, WE, BECAUSE IT'S THE SAME ON THE, THE, THE LOT COVERAGE IS BASICALLY IF YOU TOOK THE FIRST FLOOR AND THE SECOND FLOOR AND PUT 'EM ON TOP OF EACH OTHER, WHATEVER YOU'RE COVERING, THAT'S THE LOT COVERAGE.
AND IN THIS CASE, THAT SECOND FLOOR IS IMMEDIATELY ABOVE THE FIRST FLOOR.
SO THE, SO THERE'S NO DIFFERENCE IN, IT DOESN'T MATTER WHAT'S ON TOP OF THE SECOND FLOOR.
BUT MAYBE, BUT MAYBE REDUCING IT WOULD KIND OF TAKE AWAY, UM, YOU KNOW, WHAT YOU'RE MAYBE CONCERNED ABOUT IS THAT THERE'S THIS KIND OF, YOU KNOW, TALL STRUCTURE AND ALL IT IS, IS A SLAB.
YOU KNOW, IF WE PULLED THE SLAB BACK A LITTLE, IT WOULD KIND OF GIVE YOU A LITTLE MORE, I DON'T KNOW, DAYLIGHT COMING IN BETWEEN, YOU KNOW, THE UNITS, THE, THE PROPERTIES.
I MEAN, I, I, I'M A BIG FAN OF SHADE, BUT I, IT JUST SEEMS LIKE THE WHOLE THING IS A LITTLE IMPOSING, I FEEL LIKE, MAY I ASK A QUESTION? UM, I'M LOOKING AT A PICTURE OF THE, I THINK, SORRY, D 2D 0.2.
UM, I THINK THIS IS THE EXISTING HOUSE.
CAN YOU TELL ME, I MEAN, IT DOESN'T HAVE TO BE IN ENORMOUS DETAIL, BUT WHAT, WHAT WAS CHANGED THAT MAKES THIS NO LONGER ELIGIBLE TO BE DESIGNATED? AS YOU SAID, THAT IF IT WAS DESIGNATED, THEY WOULDN'T NEED THESE VARIANCES AT ALL.
IF YOU, IF YOU LOOK AT THE FRONT OF THE HOUSE, UM, THEY'VE DONE A LOT OF, UH, UH, REVISIONS TO THE, TO THE ORIGINAL FEATURES OF THE HOME.
SO THEY'VE ADDED A LOT OF DIFFERENT TILES.
THEY'VE ADDED DIFFERENT TEXTURES.
UM, UM, THEY ENCLOSED, THEY ENCLOSED THE PORCH TOO, I BELIEVE, PORCH, FRONT PORCH, YEAH.
AND THEY MADE IT A LIVING AREA.
AND I THINK THAT WAS THE BIG ONE.
'CAUSE THAT, YOU KNOW, KIND OF CHANGED THE, UH, THE, THE ORIGINAL, YOU KNOW, KIND OF MASSING OF THE, OF THE HOUSE.
AND IT DOESN'T LOOK BAD, YOU KNOW, IT'S NOT A BAD LOOKING, YOU KNOW, FRONT FACADE.
IT JUST, IT IS NOT THE ORIGINAL FACADE.
AND, BUT THE FRONT FACADE IS NOT BEING CHANGED IN THIS RENOVATION? NO, NO, NO.
YOU'RE JUST ADDING TO THE BACK OF AN EXISTING HOUSE.
HAD THAT, HAD THAT ADDITION THAT ENCLOSED THE FRONT PORCH NEVER HAD BEEN DONE.
WE MORE THAN LIKELY WOULD'VE BEEN APPROVED FOR A ARCHITECTURAL SIGNIFICANT HOME, AND THEN WE WOULDN'T BE HERE.
SO I'LL JUST REPEAT MY QUESTION.
IF WE'RE GOING, IF WE'RE GONNA BE, IF WE'RE GONNA BE CONTINUED, I JUST, I DON'T KNOW, MAYBE HELP ME UNDERSTAND SORT OF WHAT'S THE, WHAT'S THE MAIN ISSUE THAT IS THE CONCERN, UH, WITH THE DESIGN? IS IT, DO YOU FEEL LIKE IT'S THE, THE, THE, THE, THAT THAT TERRACE THAT WE'RE, UM, THAT WE HAVE ON THE SECOND FLOOR? IS IT, UH, IS IT THE COLUMNS? UH, I MEAN, JUST, I'LL COME BACK IN, YOU KNOW, FOUR WEEKS, BUT, UH, I'D LIKE TO KNOW KIND OF WHAT, WHAT DIRECTION TO TAKE.
SEE IF I COULD, YOU KNOW, APPEASE, UH, A QUESTION.
I MEAN, WE DON'T HAVE ANY CONCERNS THROUGH ANY NEIGHBORS.
CAN YOU CLARIFY SOMETHING FOR ME? OF THE, THE STAIRS FROM THE GROUND FLOOR TO THE SECOND FLOOR, YOU HAVE IT KIND OF IN THE MIDDLE, THAT'S IN YOUR, UH, A DASH 7.2.
BECAUSE WHAT WE'RE DOING THIS, THIS ADDITION, BUT, UM, I'M LOOKING, THIS ADDITION IS TONY, CAN YOU HOLD ON FOR THE QUESTION? OH, SORRY, SORRY,
SO I UNDERSTAND YOU'RE GOING FROM THE FIRST GROUND FLOOR TO THE SECOND FLOOR, AND THEN YOU HAVE TO GO OUTSIDE TO GET TO THE ROOF BECAUSE THAT'S THE CODE TO GET TO THE ROOF DECK.
[01:20:01]
WHICH IS THE BOTTOM RIGHT RENDERING, UH, IT'S, YOU HAVE LIKE AN L-SHAPED STAIR WRAPPING AROUND, BUT IT DOES NOT SHOW IN YOUR PLAN ON A DASH 1.0.UM, I SAID THAT'S WHY I, IT'S, I JUST WANT CLARIFICATION.
WHAT'S THAT? THAT'S A SIDE PLAN, BUT YOUR SIDE PLAN SHOWS A DIFFERENCE BETWEEN A 1.0 AND 1.1 OF WHERE THE STAIRS ARE AT THE, THE STAIRS, I BELIEVE YOU SEE.
SO IN, IN ONE POINT, OH, YOU SEE THE STAIRS THAT ARE TOWARDS THE REAR, I THINK THE REST OF THE STAIRS ARE UNDERNEATH THE, THE TERRACE.
SO YOU WOULDN'T SEE THEM IN THIS, CORRECT.
SO THE, THE IDEA, THE IDEA HERE WITH THIS ADDITION, SO THEY'RE COVERED BY THIS ROOF.
THE IDEA WITH THIS ADDITION IS THAT NO, THAT'S IN ORDER TO, TO BE AS LEASED FROM THE GROUND TO THE SECOND.
BUT I'M TALKING ABOUT THE OTHER STAIR, THOSE, THIS IS THE BACKSIDE.
IT'S AN LS SHAPED STAIR, RIGHT? MM-HMM
SO THEY'RE UNDERNEATH FROM THE HERE.
THE OUTSIDE, IT'S, THERE'S ARE OUTDOORS, BUT THEY'RE COVERED BY A TERRACE.
SHE, 2.1, YOU SEE THE L-SHAPED STAIRS GOING FROM THE TERRACE ON THE, ON THE SECOND, THE SECOND FLOOR TO THE TERRACE.
IT GOES FROM THE SECOND FLOOR TERRACE.
DOES ANYONE ELSE HAVE ANY DIRECTION THEY WANT TO SPEAK UP ON, OTHER THAN ARE THESE OUTDOOR STAIRS SHOWN ON SHEET? A 1.1? 1.1 REFERS TO ACTUALLY OPEN SPACE DIAGRAMS AND PREVIOUS AND IMPER AT, AT THE LOWER LEVEL, BUT YOU WON'T SEE THOSE STAIRS THERE.
SO WHICH SHEET SHOWS THE STAIRS 2.1, WHICH IS THE SECOND FLOOR PLAN ON THE 2.2, WHICH IS THE ROOF PLAN.
SO, I'M SORRY, IN THE RENDERINGS, UM, ON PAGE A 7.2, UM, SO I GUESS THERE ARE STAIRS HERE, AND ASSUMING THEY'RE NOT STAIRS TO NOWHERE THAT YOU'RE ADDING, I'M JUST TRYING TO, YOU'RE ADDING A, A SMALL ENCLOSED AREA ON THE FIRST FLOOR.
YOU'RE ADDING A BEDROOM WITH AN OUTDOOR BALCONY ON THE SECOND FLOOR, AND THEN GOING UP THESE STAIRS THAT ARE PRESUMABLY NOT TO NOWHERE.
THERE'S A ROOF TERRACE ON TOP OF THAT.
SO THERE'S A, THERE'S A STAIR THAT IF YOU, OKAY, LET'S, I'LL JUST WALK YOU THROUGH IT.
LET'S, IF YOU'RE, IF YOU'RE DOWN IN THE LIVING ROOM AND YOU WANT TO GO TO THE MASTER BEDROOM, YOU WOULD WALK, UH, TO THE, TO THE, TO THE NEW STAIR THAT'S IN, IN CASE IN GLASS.
AND YOU WOULD GO UP AND IT'S A, IT'S A DOG LAG.
YOU GO UP HALF THE FLIGHT, THERE'S A LANDING, AND THEN YOU TURN BACK, AND NOW YOU'RE AT THE TOP OF THE LANDING, AND YOU CAN ENTER THE BEDROOM OR YOU CAN GO OUT A DOOR ONTO THE TERRACE FROM THAT, THAT THIS ALLOWS ANYBODY IN THE HOUSE TO BE ABLE TO GO TO THE TERRACE WITHOUT HAVING TO GO TO THROUGH THE BEDROOM, THROUGH THE MASTER BEDROOM.
SO YOU GO UP THE STAIRS, AND THEN YOU CAN GO OUTSIDE OR TO THE MASTER BEDROOM.
IF YOU GO TO THE OUTSIDE, ONCE YOU'RE ON THAT, THAT SECOND FLOOR TERRACE BALCONY.
AND FROM THERE YOU CAN GO UP THE STAIRS THAT ARE L-SHAPED, AND THAT TAKES YOU TO THE ROOF ABOVE THE MASTER BEDROOM AND ABOVE THE STAIRS.
AND, AND THAT'S A USABLE AREA? THAT'S A USABLE AREA? CORRECT.
AND WHY IS THERE GLASS AROUND IT? IS IT THAT JUST A SAFETY THING, OR IS THAT A DESIGN THING, OR WHAT IS THAT? UH, I'M SORRY, GLASS AROUND WHAT? WELL, IF YOU LOOK AT, I MEAN, I'M JUST LOOKING AT THE RENDERING AGAIN, BUT LIKE THE, THE ENCLOSED AREA THAT STARTS WITH THE STAIRS THAT ARE ENCLOSED AT THE POOL LEVEL AND THEN GOES UP TO THE MASTER BEDROOM, IT LOOKS LIKE IT EXTENDS UP INTO THE ROOF.
YOU NEED A RAILING ON THE ROOF ALSO.
THERE'S A RAILING ON THE, YEAH, THERE'S A RAILING ON THE ROOF.
SO, AND IS THAT A SAFETY OR THAT'S THE GLASS RAIL REQUIREMENT THAT IT WOULD BE THERE? YEAH, BUT HAVE A RAILING.
BUT THE GLASS, THE, THE, YEAH, THAT'S A RAIL.
[01:25:01]
YOU DON'T FALL OFF THE FALL OFF THE RAIL.YOU, YOU CAN SEE IT, IF YOU LOOK AT PAGE A 7.1, THAT'S AN OUTLINE.
AND THE, AND THE STAIRS ON THE GROUND FLOOR.
YEAH, I WAS GONNA SAY A DASH 7.1 SHOWS I THINK THAT RAILING, WHEREAS A DASH 7.2, THE CONCEPT DRAWINGS DO NOT APPEAR TO SHOW THAT RAILING.
SO I THINK THAT COULD BE PART OF THE CONFUSION.
UM, AND WE ALSO, FROM WHAT I CAN TELL, WE DON'T HAVE ANYTHING THAT SHOWS WHAT THE ROOF LOOKS LIKE FROM ABOVE.
DO WE? LIKE WHAT THAT OUTDOOR TERRACE, THE, THE ROOF AREA LOOKS LIKE A ROOF PLAN.
THERE'S A ROOF PLAN, A ROOFTOP, BUT WE DON'T HAVE ANYTHING TO SHOW US WHAT IT LOOKS LIKE.
BUT AS FAR AS GIVING THE GUIDANCE, THOUGH, I THINK I'M NOW UNDERSTANDING THAT BALCONY ON THE SECOND FLOOR IS NOT CONNECTED TO THE MASTER BEDROOM.
IS THAT RIGHT? OR IS THAT, IS THAT IS CORRECT.
THERE'S LIKE THIS, SO WHAT IS IN THAT SPACE BETWEEN THE MASTER BEDROOM AND THAT OUTDOOR BALCONY? THE LANDING, THE STAIRS ON THE SECOND FLOOR, THE STAIRS, THAT'S THE STAIRS ON THE SECOND FLOOR ALSO.
YEAH, IT'S THE, THE, THE STAIRS STOP AT THE SECOND FLOOR.
THOSE STAIRS ARE ENCLOSED AND AIR CONDITIONED.
SO EVEN THOUGH IT'S WRAPPED IN GLASS, IT IS PART OF THE INTERIOR OF THE HOUSE.
SO FROM THE LIVING ROOM, YOU CAN WALK TO THE STAIRS, YOU CAN GO UP THE STAIRS AND INTO THE BEDROOM.
IT'S ALL ENCLOSED AND AIR CONDITIONED.
NOW, WHEN YOU GET TO THE TOP OF THE STAIRS, YOU HAVE TWO OPTIONS.
YOU CAN OPEN THE DOOR TO GO OUTSIDE, OR YOU CAN OPEN THE DOOR TO GO TO THE MASTER BEDROOM.
AND IF YOU GO TO THE MASTER BEDROOM, YOU'RE ALWAYS CONTINUOUSLY, YOU KNOW, ENCLOSED AND AIR CONDITIONED.
IT'S ONLY WHEN YOU GET TO THE TOP OF THE STAIRS AND YOU GO OUTSIDE THAT YOU'RE NOW OUT ON THE SECOND FLOOR TERRACE.
SO TO ANSWER THE QUESTION, I'D PROBABLY FEEL A LOT BETTER IF THAT WHOLE BALCONY WAS GONE.
THE WHOLE SECOND FLOOR TERRACE OR THE YEAH.
HOVER OVER THE SECOND FLOOR OF TERRACE.
AND THAT WOULD ALSO HELP WITH THE LOCK COVERAGE, RIGHT? NO, THE, IF THE, IF IT, IF THERE WAS NO TERRACE OVER THE GROUND, THAT WOULD HELP THE LOCK.
YEAH, THAT'S WHAT I'M TALKING ABOUT.
IF THERE WAS NO TERRACE OVER THE GROUND, WE DO, UH, I MEAN ENTIRELY.
UM, THEY DO, IT'S COVERED TODAY.
'CAUSE THERE IS AN OUTDOOR TERRACE THERE TODAY THAT COVERS THE GROUND FLOOR.
YEAH, BUT THERE'S NOT, BUT THERE'S NO, NOTHING ABOVE THAT THOUGH.
SO WOULD YOU MIND IF THE GROUND WERE COVERED BUT THERE WERE NO SECOND FLOOR COVER? I, I THINK, I THINK THE REMOVING THE SECOND FLOOR, UH, ROOF, RIGHT, THE WHAT COVERS THE SECOND FLOOR TERRACE, I THINK THAT THAT WOULD PROBABLY GIVE IT LESS OF THIS APPEARANCE AS BEING SOMETHING THAT'S LARGE AND OVERBEARING, BECAUSE THAT'S GIVING THE, THE IMPRESSION THAT IT'S A TWO STORY STRUCTURE.
UM, THAT BY ELIMINATING THAT ROOF, NOW IT'S JUST, YOU KNOW, A, A, A SECOND FLOOR TERRACE AND IT'S OPEN, YOU KNOW, AND THAT COULD BE SOMEWHERE WHERE THE, YOU KNOW, THE OWNER COULD, COULD PUT A, YOU KNOW, AN UMBRELLA OR, OR SOMETHING, YOU KNOW, HE WAS THINKING OF HAVING LIKE A, LIKE A TUB OUTSIDE ON HIS, ON HIS MASTER TERRACE.
UM, AND SO THE ROOF WOULD'VE BEEN, YOU KNOW, JUST TO PROTECT THAT TERRACE FROM THE ELEMENTS.
BUT, YOU KNOW, IT COULD BE ACHIEVED WITH A, WITH AN UMBRELLA OR SOMETHING THAT, THAT, UH, WOULDN'T GIVE THE IMPRESSION OF A SECOND STORY ON THAT AREA.
AND IT DOES REMOVE SOME SQUARE FOOTAGE FROM THE LOT COVERAGE ALSO FROM THE BACK.
IT'S GONNA LOOK LIKE A NEW TWO STORY HOUSE.
SO IT'S LIKE, I DON'T, I DON'T THINK IT'S GONNA MAKE A HUGE DIFFERENCE.
LIKE IF THE OWNER DECIDES TO, UH, BULLDOZE THIS HOUSE AND, UH, BUILD A BRAND NEW HOUSE MAY LOOK PROBABLY THE SAME AND IT'S GONNA BE UP TO CODE AND EVERYTHING.
SO, UH, I DON'T KNOW IF THERE IS GONNA BE A DIFFERENCE ACTUALLY.
UM, FOR AS IT IS RIGHT NOW, I MEAN, YOU CAN REALLY TELL THAT THIS IS, UH, LOOKING AT FROM, FROM THE REAR YARD, YOU CAN'T REALLY SEE THE, THE OLD HOUSE AND PROBABLY FROM THE FRONT IS KIND OF THE SAME.
SO THE DISCREPANCY OR IF IT'S LIKE, UH, SOME, UH, DIFFERENCES IN THE DESIGN OR THE INTENTION OR, OR THE STYLE OF THE HOUSE, UH, IT'S NOT REALLY SOMETHING THAT YOU CAN PERCEIVE FROM THE PERSPECTIVE THAT THE LOT ALLOWS YOU TO HAVE.
DOES ANYONE ELSE, I'D LIKE TO MAKE ONE SUGGESTION.
I THINK THAT WE NEED TO MOVE, MOVE FORWARD NOW AFTER THIS, WE'RE GONNA, SINCE THE PROPERTY, THE HOUSE IS ON THE WATER, CORRECT? CANAL? YES.
[01:30:01]
A WALL THAT FACES THE, THE BACKSIDE OF THE HOUSE, WHICH IS ABOUT 12 FEET LONG WITH INCORPORATES THE BATHROOM.UM, ONE SUGGESTION IS POSSIBLY THE, THE OWNER WOULD LIKE TO SEE OUTSIDE THAT, UH, THAT AREA AND TO THE WATER.
SO YEAH, THERE'S, THERE'S A WINDOW, THERE'S WINDOWS ON IN THE BATHROOM, YOU KNOW, THIS IS AN INTERNAL THING, JUST A SUGGESTION.
THE OWNER'S SPENDING ALL THIS MONEY AND IT'S GONNA BE EXPENSIVE CONSTRUCTION THAT TO HAVE WATERFRONT PROPERTY, HE SHOULD HAVE AS MUCH GLASS AS POSSIBLE ON THAT SECOND FLOOR.
SO THAT'S YOUR, THAT'S YOUR PROBLEM.
I THINK IT WOULD ALSO MAKE IT LESS IMPOSING FROM A VIEW FROM THE WATER IF IT WASN'T SUCH, LIKE, IT JUST LOOKS LIKE THIS CONCRETE STRUCTURE.
UM, AND YEAH, AND THE, THE ROOF DECK IS ALSO, I THINK WHAT'S MAKING IT SO IMPOSING AS WELL.
WELL, IF YOU CHECK ON THE, ON THE, ON THE PICTURES THAT WE HAVE FROM THE EXISTING HOUSE, UH, I THINK THAT IS THE 0.2.
UM, YOU ARE GONNA SEE THE BACKYARD THAT IT'S LIKE ON THE, IN THE MIDDLE ROAD, THE FAR RIGHT, YOU CAN SEE THAT ACTUALLY THERE'S A HEDGE THAT YOU CAN'T REALLY LOOK AT THE WATER.
SO IT'S GONNA, IT IS GONNA BE THE SAME FROM THE OUTSIDE, RIGHT? SO NOT, YOU'RE NOT REALLY LOOKING AT THE HOUSE, YOU'RE GONNA BE LOOKING AT THE SECOND FLOOR OR THIS REAR OF THE HOUSE JUST FROM INSIDE THE PROPERTY.
THE ONLY, THE ONLY VIEW IS REALLY TOWARDS THE WATER.
THAT'S THE ONLY VIEW THAT THERE REALLY IS, IS JUST TO THE EAST TO LOOK TO THE NORTH.
YOU'D BE LOOKING, YOU KNOW, ONTO SOMEBODY ELSE'S PROPERTY.
AND TO BE LOOKING WEST, YOU'D BE LOOKING AT THE ROOF OF THE EXISTING HOUSE.
UM, AND THERE CAN BE, YOU KNOW, SOME WINDOWS UP, YOU KNOW, UP HIGH.
UM, SO YOU CAN SEE THE SKY, BUT, YOU KNOW, OTHERWISE, YOU KNOW, YOU'D BE LOOKING AT THE, AT THE ROOF.
DO YOU WANNA MOTION TO CONTINUE TO, NO.
OCTOBER OR NOVEMBER? IT'S, IT SOUND, IT SOUNDS TO ME LIKE THE, LIKE THE MAIN RECOMMENDATION HERE IS TO KIND OF REDUCE THE, UM, THE TERRACE, THE SECOND FLOOR TERRACE.
NOW KEEP IN MIND THE ROOF OF THE MASTER BEDROOM IS FLAT AND WOULD HAVE, YOU KNOW, UH, UM, IT DOESN'T CHANGE THE ARCHITECTURE MAKING IT A TERRACE.
THE ONLY THING THAT IT, THAT, UH, YOU KNOW, PUTTING THE STAIRS FROM THE SECOND FLOOR UP TO THE ROOF BLOCKS A VIEW FROM THE SECOND FLOOR TERRACE TO BE LOOKING AT A ROOF, IF THAT MAKES SENSE.
WHEN YOU'RE ON THE TERRACE AND YOU LOOK WEST, IF THERE WASN'T THE STAIR THERE, YOU WOULD BE LOOKING AT THE ROOF OF THE HOUSE, THE EXISTING HOUSE, AND THERE WAS AN ADDITION THERE WHERE IT'S, YOU KNOW, IT KIND OF GOES UP AND YOU'D BE LOOKING DIRECTLY AT, THERE'D BE NO VIEW EXCEPT FOR THE ROOF OF THE HOUSE.
UH, SO THE STAIRS KIND OF GETS YOU UP SO THAT YOU CAN LOOK TO THE, TO THE WEST, ABOVE THE ROOF AND LOOKING TO THE EAST.
UM, I PERSONALLY DON'T THINK IT'S AN OVERWHELMING VARIANCE, BUT WE'RE GONNA HAVE TO MOVE FORWARD TO ANOTHER DATE AND COME BACK TO THIS.
SO, DO I HAVE A MOTION? WELL, WE HAVE A MOTION TO CONTINUE IT, IT'S JUST NOT TO WHICH HEARING DATE? OH, AND THERE'S NO SECOND YET IS, I'LL SECOND THE, IS THE BOARD, JUST BEFORE, IF YOU DON'T MIND, IS THE BOARD OKAY WITH THE VARIANCE RELATED TO THE CARPORT, THE SOLAR CARPORT? I MOVE THAT WE APPROVE THE VARIANCE AS TO THE CARPORT TO SAVE THE MANGO TREE.
UM, WHAT ABOUT THE FIRST, WANNA TELL US THE DATE? DO YOU WANT OCTOBER OR NOVEMBER? HELLO? ARE THEY THERE? ALRIGHT.
THEY DON'T KNOW YOU'RE ASKING THEM.
YEAH, I MEAN, IS IT UP TO, IS IT UP TO ME? YEAH.
DO YOU HAVE A PREFERENCE? IF YOU CAN MAKE CHANGES IT FOR SEVEN WEEKS, UM, WHAT'S THE, WHAT'S THE SUBMITTAL DEADLINE FOR THE NEXT HEARING? THE NEXT MEETING IS THE 16TH, SO I WOULD NEED THE PLANS ABOUT TWO WEEKS PRIOR, UH, IN TWO WEEKS.
SO THAT WOULD BE BY OCTOBER 1ST
[01:35:02]
OR SECOND.I WOULD NEED SOMETHING SO THAT WE HAVE TIME TO UPDATE THE STAFF REPORTS.
UH, I STILL DON'T HAVE CLEAR WHAT ARE THE CHANGES NEEDED.
I THINK THATS THE, I THINK THAT'S THE CONCERN IS THAT I'M NOT REALLY SURE THE DIRECTION THAT THE BOARD IS GIVING ME IS, IS, UH, YOU KNOW, WHAT, WHAT ARE THE, WHAT ARE THE ISSUES, UM, I MEAN, OTHER THAN REMOVING THE SECOND FLOOR, UH, ROOF OVER THE TERRACE, BECAUSE IF, IF THAT'S THE CASE, COULD IT BE A CONDITION WHERE WE GET APPROVED WITH THE REMOVAL OF THE ROOF OVER THE SECOND FLOOR TERRACE? THAT'S SOMETHING THAT'S COMMON.
UM, WE, WE DON'T SEE IT TOO MUCH HERE, BUT IT'S COMMON WITH THE DRB WHERE THEY, UM, MAKE A RECOMMENDATION THAT SOMETHING BE CHANGED SUBJECT TO THE REVIEW AND APPROVAL OF STAFF.
SO IF THE BOARD IS COMFORTABLE WITH, UM, REMOVING THE SECOND FLOOR COVER OF THE, OF THEIR TERRACE, UM, YOU COULD MAKE THAT THE, THAT SUBJECT TO THE REVIEW AND APPROVAL OF STAFF IF YOU HAVE A SPECIFIC RECOMMENDATION THAT WOULD MAKE COMFORTABLE.
I'M SORRY, ARE YOU SAYING THE, WHEN YOU SAY THE SECOND FLOOR, ARE YOU TALKING ABOUT THE, THE TERRACE THAT'S, UM, ON THE SAME FLOOR AS THE BALCONY, OR ARE YOU TALKING ABOUT THE ROOF TERRACE? THE ROOF TERRACE.
THE ROOF, THE ROOF TERRACE RE REMOVING THE COVER OVER THE SECOND FLOOR TERRACE.
IF YOU'RE, IF IF THAT RECOMMENDATION MAKES IT ACCEPTABLE, THEN YOU CAN WHAT? YOU COULD.
I'M NOT, AGAIN, I DON'T UNDERSTAND.
SO ARE YOU SAYING THAT THE SECOND FLOOR TERRACE WOULD BE OPEN AIR AND HAVE NOTHING ABOVE IT? YES.
AND, AND ALSO THERE WOULD NOT BE A ROOF TERRACE.
NO, THERE WILL BE A ROOF TERRACE.
WELL, I THINK, I THINK WE COULD STILL DO THE ROOF TERRACE BY PUTTING STAIRS THAT GO FROM THE, THE SECOND FLOOR TERRACE UP TO THE ROOF.
UM, THE ISSUE, I REMEMBER THE ROOF DOESN'T, THE, THE ROOF TERRACE ISN'T ADDING ANY HEIGHT OR, OR ANY, YOU KNOW, VOLUME, UH, TO THE HEIGHT OF THE BUILDING THAT THAT'S GONNA BE A FLAT ROOF AND THERE'LL BE A PARAPET THERE ANYWAY.
YOU MIGHT, MIGHT NEED AN ADDITIONAL VARIANCE THOUGH, BECAUSE YOU WOULD HAVE TO, UM, ON THIS SIDE SET THE, SET THE TERRACE IN 10 FEET FROM THE NEW EDGE OF THE ROOF, MAKE IT ROOM BIGGER.
YOU COULD GO OUT THERE, ISN'T IT? THE CONSTRUCTION LINE TO THE BALCONY, THE, THE 10 FEET FROM THE CONSTRUCTION LINE, IT'S 10 FEET FROM THE, THE EDGE OF THE BUILDING.
IT'S 10 FEET FROM THE EDGE OF THE FLOOR BENEATH, FROM THE EDGE OF THE ROOF BENEATH.
SO YOU WOULD HAVE TO, IF, IF YOU WERE TO REMOVE THAT COVER, YOU WOULD HAVE TO SHIFT THE DECK BACK 10 FEET.
AND AT THAT POINT, I'M NOT SURE THAT IT EVEN MAKES SENSE.
UM, YEAH, SO WE'RE NOT GONNA BE ABLE TO GET THIS THROUGH.
NO, THE IDEA IS TO HAVE A USABLE TOURIST.
UM, I MEAN, WE, THERE'S A MOTION TO CONTINUE.
I MEAN, I, I THINK NOVEMBER MAKES SENSE TO GET SOMETHING THAT'S GONNA BE APPROVABLE, BUT, ALL RIGHT.
SO DO I HAVE A SECOND? SECOND.
ANY ALL IN FAVOR? IF YOU, IF YOU DON'T MIND, LET ME JUST GET THE DATE OF THE NOVEMBER MEETING REAL QUICK BEFORE IT'S JUST FOR THE RECORD.
AND WELL, I WAS JUST ALSO GONNA SAY 'CAUSE THEY'RE ASKING FOR DIRECTION.
I I WAS JUST ALSO CURIOUS, LIKE ON THE NORTH SIDE OF THE SECOND FLOOR, THERE'S A SOLID WALL THAT EXTENDS WHERE THE BALCONY IS.
AND I WAS JUST CURIOUS, LIKE IN THE GLASS THAT IS FACING EAST WRAP AROUND TO THAT SLIM PORTION ON THE NORTH INSTEAD OF A SOLID CONCRETE WALL.
THE IDEA OF THAT IS PRIVACY, THOUGH WE COULD DO THAT.
I MEAN, IT COULD BE A HIGH, A HIGHER WALL, I MEAN A HIGHER WINDOW, SOMETHING THAT ALLOWS LIGHT OR DAYLIGHT AND, AND, AND THE PRESENCE OF NOT A, A BIG BLANK WALL FACING NORTH.
BUT I THINK THAT WOULD, THAT WOULD ALSO BE SOMETHING THAT WOULD BE HELPFUL FOR ME.
I I THINK THAT WOULD BE NICE TOO.
OH, I'M SORRY, I'M LOOKING AT 27TH.
UM, WE'RE JUST LOOKING AT THE DATE JUST TO MAKE SURE FOR THE RECORD.
SO, UM, ALL IN FAVOR, AYE AYE.
I, I HAVE THE MOTION BY MR. RENICK.
UM, WHO WAS THE SECOND ON THE, UM, SORRY FOR MR. CINNAMON.
MR. CINON SPELLED DIFFERENTLY THOUGH,
[10. ZBA26-0205 FKA ZBA24-0164, 5451 ALTON ROAD]
GOING TO MOVE ONTO ZBA 2 6, 0 2, 0 5 54 51 ALTON ROAD.AND BEFORE WE START, UH, MYRA, IF I COULD JUST SWEAR YOU IN.
HI, UH, DO YOU SWEAR, UH, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH,
[01:40:01]
AND NOTHING BUT THE TRUTH? I DO.CAN YOU PLEASE STATE YOUR NAME AND, OKAY, SO THIS IS, UH, ZBA 26 DASH 0 2 0 5.
UM, IT WAS PREVIOUSLY BEFORE THE BOARD AS, UH, ZBA 24 0 1 64.
AN APPLICATION HAS BEEN, REQUEST HAS BEEN FILED REQUESTING VARIANCES TO FRONT YARD LANDSCAPE PERVIOUS OPEN SPACE REQUIREMENTS, MAXIMUM DRIVEWAY WITH SECOND STORY SETBACK REQUIREMENTS IN ORDER TO MODIFY A PREVIOUSLY APPROVED TWO STORY ADDITION TO AN EXISTING SINGLE STORY HOME THAT IS CURRENTLY UNDER CONSTRUCTION.
THERE WAS AN ADDITIONAL VARIANCE ADVERTISED FOR, UH, SHEET PILES, BUT THAT IS NO LONGER NECESSARY, SO THAT'S BEEN STRICKEN FROM THE RECORD, SO THAT'S WHY YOU SEE THE, THE LINE THROUGH IT IN THE TITLE.
UM, PREVIOUSLY THIS HOME, UH, RECEIVED A VARIANCE, UH, TO WAIVE THE MINIMUM REQUIRED SETBACK TO CONSTRUCT A GARAGE BACK IN 1998.
UH, SUBSEQUENTLY AS A RESULT OF AN ADDITION, UH, UH, OF A, OF A, OF A MAJOR ADDITION TO THE HOME.
THE APPLICANT CAME BEFORE THE BOARD ON SEPTEMBER 18TH, 2024, UH, REQUESTING SEVERAL VARIANCES, INCLUDING FOR THE FRONT AND INTERIOR SIDES, SOME OF SIDE YARD SETBACKS, UM, EXCEEDING THE MAXIMUM UNIT SIZE LOT AND LOT COVERAGE.
UM, AND THIS WAS TO CONS TO, UM, FOR A SECOND FLOOR EDITION THAT WAS BUILT ON THE HOME.
UH, THE HOME IS IN THE RS FOUR DISTRICT HAS A LOT SIZE OF 7,702 SQUARE FEET.
IT FRONTS THE LEGGO GOLF COURSE.
UM, THE, UH, APPROVED UNIT SIZE IS 50.8%, 3,913 SQUARE FEET.
UM, AND, UH, IT HAS AN APPROVED LOT COVERAGE OF, UH, 2,959 SQUARE FEET, OR 38.5%.
UM, THE APPLICANT, UH, PREVIOUSLY RECEIVED SEVERAL VARIANCES, AS I INDICATED, UH, TO CONSTRUCT THE HOME.
THEY ARE, THEY'VE RECEIVED PERMITS, THEY'VE, UH, THEY'RE, THEY'VE UNDERTAKE, UH, STARTED THE CONSTRUCTION AND THEY'VE REALIZED THEY HAVE A FEW ISSUES THAT THEY WOULD LIKE TO ADDRESS.
UM, AND SO THEY'RE REQUESTING THREE ADDITIONAL VARIANCES.
UM, THE FIRST VARIANCE IS RELATED TO SECTION 7 2 2 3 B ONE, UH, PER N FIVE, WHICH IS THE FRONT YARD LANDSCAPE PERVIOUS OPEN SPACE REQUIREMENT OF 50%, WHICH IS 607 SQUARE FEET, UM, IN ORDER TO ALLOW FOR THE CONSTRUCTION OF A LARGER DRIVEWAY WITH PERVIOUS OPEN SPACE OF 24% OR 293 SQUARE FEET.
THE NEXT IS A VARIANCE RELATED TO SECTION 7 2 2 3 B12 G, WHICH IS THE MAXIMUM DRIVEWAY WIDTH OF 30% OR 18 FEET IN ORDER TO ALLOW, UM, A WIDER DRIVEWAY WITH A COMBINED WIDTH OF 45% OR 27 FEET.
UM, THE NEXT IS, UH, SO THOSE TWO, THE FIRST TWO ARE RELATED TO THE DRIVEWAY.
UM, SO IF, IF ONE OR THE OTHER DOESN'T PASS THE, THE, THE, THERE, THERE, THE DRIVEWAY CAN'T BE BUILT AS, AS, UH, REQUESTED.
THE NEXT IS A VARIANCE FROM SECTION 7 2 2, 3 B2B, REQUIRING THAT 35% OF THE SECOND FLOOR BE SET BACK IN ADDITIONAL FIVE FEET BEYOND THE 40 FOOT SECOND FLOOR SETBACK LINE TO ALLOW THAT PORTION TO BE SET BACK ONE FEET EIGHT INCHES BEYOND THE 40 FOOT SETBACK LINE.
UM, AND I'LL, I'LL DESCRIBE WHAT THAT MEANS IN A MOMENT.
UM, IT'S A, IT'S A DESIGN REQUIREMENT IN THE CODE.
SO THE FIRST TWO ARE RELATING TO THE DRIVEWAY.
THE, THE APPROVED DESIGN OF THE DRIVEWAY, UH, ENSURES THAT NONE OF THE, UM, APPROACHES TO THE DRIVEWAY AT THE PROPERTY LINE EXCEED NINE FEET BECAUSE OF THEIR LOCATION ON ALTON ROAD.
UM, THERE'S SOME VISIBILITY ISSUES THAT ARE CREATED, UM, WITH THEIR DRIVEWAY THAT CREATES SOME SAFETY HAZARDS, UM, THAT THE APPLICANT HAS POINTED OUT.
UM, THE FIRST IS ON, ON THE NORTHERN SIDE OF THE PROPERTY.
AS THE DRIVEWAY APPROACHES INTO THEIR GARAGES, YOU HAVE A PINCH POINT THAT THEN, UH, SPREADS OUT SO THAT YOU CAN GET INTO THE GARAGES FROM THE SECOND, UH, FROM THE NORTHERNMOST GARAGE DOOR, UH, SIDE OF THE GARAGE.
YOU HAVE TO MAKE THIS VERY DIFFICULT CURVING MANEUVER THAT CAN CREATE SOME SAFETY HAZARDS, ESPECIALLY IF YOU'RE BACKING OUT ONTO ALTON ROAD, UM, AS CARS ARE COMING.
SO THE APPLICANT IS PROPOSING, UM, THIS VARIANCE IN ORDER TO ALLOW THE DRIVEWAY APPROACH TO BE WIDER SO THAT YOU CAN JUST PULL IN AND GO RIGHT INTO THE GARAGE RATHER THAN HAVING TO DO THIS DIFFICULT, UM, MANEUVER THAT CREATES SOME SAFETY HAZARDS FOR THE APPLICANT.
THE SAME THING HAPPENS ON THE SOUTH END OF THE, OF THE PROPERTY AS YOU'RE PULLING IN.
UM, THEY NEED TO HAVE A LITTLE BIT OF A WIDER DRIVEWAY TO AVOID ANYBODY HAVING TO BACK OUT ONTO ALTON ROAD.
THEY WOULD PREFER IT IF EVERYONE COULD GO OUT ONTO ALTON ROAD, UH, HEAD FIRST.
SO THIS ALLOWS CARS TO BE ABLE TO MO MANEUVER PAST EACH OTHER.
UM, SO THEY, THEY DO HAVE A HARDSHIP BECAUSE OF THE LOCATION, UM, UM, ON ALTON ROAD, WHICH IS A MAJOR, UH, STATE HIGHWAY, STATE ROAD, AND AN EVACUATION ROUTE.
UM, SO STAFF IS SUPPORTIVE OF THE GRANTING OF THOSE TWO VARIANCES.
THE NEXT VARIANCE IS A DESIGN REQUIREMENT OF THE CODE.
[01:45:01]
THAT IT'S, IT'S PRIMARILY INTENDED FOR TWO STORY HOMES WHERE THE, WHERE THE, UM, 30 FOOT SETBACK FOR THE FIRST AND SECOND FLOOR ARE UTILIZED, AND THAT'S TO ENSURE IT'S A, IT REQUIRES THAT A PORTION OF THE SECOND FLOOR, 35% OF THE SECOND FLOOR, BE SET BACK IN ADDITIONAL FIVE FEET SO THAT YOU DON'T HAVE A FLAT FACADE, A BIG BOX FACADE.IT'S INTENDED TO PROVIDE SOME MOVEMENT.
HOWEVER, IN THIS CASE, THE, BECAUSE THIS WAS AN EXISTING HOME, THEIR FIRST FLOOR IS AT 20 FEET AND THEIR SECOND FLOOR IS SET BACK TO 40 FEET.
UM, THE REALLY, THE INTENT OF THAT REQUIREMENT IS FOR NEW HOMES WHERE THE SETBACK IS AT, WHERE BOTH FLOORS ARE AT 30, THEY ALREADY HAVE A SECOND FLOOR SETBACK.
THE SECOND FLOOR IS SET BACK TO 40 FEET.
AND SO, UH, THE PROVISION IS STILL THE SAME, THAT A PORTION OF THAT SECOND FLOOR NEEDS TO HAVE AN ADDITIONAL SETBACK OF FIVE FEET, SO THAT THERE'S MOVEMENT IN THAT FACADE.
UM, BECAUSE THIS IS AN EXISTING HOME AND THE LOCATIONS OF THE EXISTING WALLS ON THE GROUND FLOOR, UM, IT CREATES, UH, A SITUATION WHERE YOU HAVE AN, UH, A VERY ODD ENTRY CONDITION, UM, WITH, UH, BASICALLY LIKE A TUNNEL EFFECT, AND THEN THE FLOOR, THEN THE ROOF OPENS UP.
UM, THAT'S CREATED SOME PRACTICAL DIFFICULTIES FOR THE APPLICANT, UM, BOTH IN TERMS OF THE CONSTRUCTION OF THE SET OF THE ROOF AND, AND JUST THE WAY, THE WAY IT LOOKS.
UM, SO THE APPLICANT HAS REQUESTED A VARIANCE SO THAT THEY CAN BRING THAT SECOND FLOOR UP AND HAVE A SETBACK OF, UH, OF ONE FOOT.
UM, WHERE IS IT? WHY DID I LOSE IT? ONE FOOT EIGHT INCHES.
SO, SO INSTEAD OF FIVE, IT WOULD BE ONE FOOT EIGHT INCHES.
SO THERE WOULD STILL BE MOVEMENT IN THE FACADE.
UH, THE INTENT OF THE CODE IS MET, UM, BUT THE APPLICANT HAS THE ABILITY TO BUILD A FAR MORE FUNCTIONAL, UM, ENTRY, ENTRY TO THEIR HOME.
UM, SO STAFF DOES, UH, UH, SUPPORT THE GRANTING OF THAT VARIANCE.
TYPICALLY, THOSE ARE HANDLED THROUGH, UM, WAIVERS FROM THE DESIGN REVIEW BOARD.
HOWEVER, THIS APPLICATION HAS ALREADY BEEN BEFORE THE BOARD OF ADJUSTMENT HAS VARIANCES BEFORE THE BOARD OF ADJUSTMENT, AND SO THE APPLICANT HAS CHOSEN, UH, TO MAINTAIN THE JURISDICTION WITH THE BOARD OF ADJUSTMENT AND HAS SOUGHT THIS AS A VARIANCE.
UM, SO, UM, STAFF IS SUPPORTIVE OF THE GRANTING OF ALL THESE VARIANCES AND, UH, SUBJECT TO THE CONDITIONS IN THE ATTACHED ORDER.
HI, I'M GONNA STATE YOUR NAME.
ARE THERE ANY DISCLOSURES FOR THE BOARD BEFORE WE START? NO.
GOOD MORNING, MEMBERS OF THE BOARD OF ADJUSTMENT AND CITY STAFF.
MY NAME IS MYRA BAR, AND I'M HERE PRESENTING ON BEHALF OF MY SON WHO'S UNDERGOING A MEDICAL PROCEDURE RIGHT NOW,
SO, UM, I'M READING MOSTLY FROM WHAT HE PREPARED IN FAIRNESS TO HIM.
SO, UM, THIS HAS BEEN OUR FAMILY HOME.
UM, IS IT, COULD YOU PUT IT ON THE SCREEN? THANK YOU.
THIS HAS BEEN THE FAMILY HOME FOR 40 YEARS, AND THE INTENT IS TO KEEP IT FOR ANOTHER 40 YEARS.
UH, THE REASON WE'RE UNDERTAKING THIS PROJECT IS IN THE FIRST PLACE IS BECAUSE OF RESILIENCY.
UH, FOR YEARS, UH, WE'VE HAD SIGNIFICANT FLOODING FROM BOTH SIDES OF THE PROPERTY, FROM THE GOLF COURSE BEHIND US, AND FROM ALTON ROAD IN FRONT OF US, WATER REPEATEDLY ENTERED THE CRAWL SPACE OF THE HOME, SAT THERE, AND EVENTUALLY IT CONTRIBUTED TO A SERIOUS STRUCTURAL DETERIORATION OF THE ROOF AND THE HOME.
WE EVENTUALLY HAD TO MOVE OUT RATHER URGENTLY.
AND, UH, WE CAME HOME FROM A TRIP AND FOUND THAT THE RIDGE BEAM HAD CRACKED AND THE RAFTERS HAD SEPARATED FROM THAT RIDGE BEAM.
THE STRUCTURAL ENGINEER CAME AND SAID IT WAS NOT SAFE TO STAY.
SO FOR THE PAST, UH, YEAR, UH, THEY'VE BEEN OUT OF THE HOME.
THE CITY ITSELF PREVIOUSLY IDENTIFIED ELEVATING THE HOME AS AN APPROPRIATE RESILIENCY MEASURE THROUGH THE PRIVATE PROPERTY ADAPTATION GRANT, UH, PROCESS WE'RE DOING WHAT MIAMI BEACH IS ENCOURAGING A LOT OF US, UH, TO DO.
WE'RE ELEVATING THE HOME, IMPROVING THE DRAINAGE, AND REBUILDING IT TO TODAY'S RESILIENCY STANDARDS AND BUILDING CODES.
WHAT WE'VE LEARNED THROUGH THIS PROCESS IS THAT DOING THAT ON A 77 SQUARE FOOT PROPERTY INTERIOR LOT, TO MAKE IT WORSE, CREATES PRACTICAL CHALLENGES THAT AREN'T ALWAYS, UH, VISIBLE WHEN YOU'RE LOOKING AT A TWO DIMENSIONAL PLAN, A PAPER PLAN.
AND THAT'S REALLY THE BASIS FOR THE THREE VARIANCES THAT WE'RE ASKING FOR TODAY.
THE FIRST TWO VARIANCES, AS STATED BY ROGELIO, UH, DEAL WITH THE DRIVEWAY WIDTH AND THE FRONT YARD LANDSCAPING AS, UM, THEY'RE DIRECTLY RELATED FOR US, IT REALLY COMES DOWN TO AN ISSUE OF SAFETY.
[01:50:01]
I DON'T HAVE TO TELL YOU ABOUT THE TRAFFIC ON ALTON ROAD, I DON'T HAVE TO TELL YOU ABOUT THE SPEED, UM, BECAUSE I DON'T REALLY WANT TO MAKE IT PUBLIC.THE AMOUNT OF CARS THAT TRAVEL THROUGH THE ROAD AND THE AVERAGE SPEED THAT EXCEEDS 50 MILES PER HOUR FOR YEARS, WE BACKED OUTTA THE PROPERTY DIRECTLY ONTO ALTON.
AND AS THIS IS, I'M SORRY, I FORGOT TO FLIP, BUT THIS IS PART OF THE DRAINAGE PROBLEM FROM ALTON ROAD, UM, THE FRONT OF THE HOME.
SO FOR YEARS, WE BACKED OUT OF THE DRIVEWAY DIRECTLY ONTO ALTON ROAD.
THE PHOTO ABOVE IS AN EXAMPLE OF THE VIEW FROM THE PASSENGER SIDE.
WHEN BACKING OUT INTO ALTON, I TYPICALLY, WE ALL TYPICALLY INCH BACKWARDS HOPING THAT SOMEBODY EITHER CHANGES LANES OR REDUCES THEIR SPEED.
UM, AND HOPING NOBODY WOULD HIT OUR CAR TODAY, MY SON HAS A 4-YEAR-OLD SON, A GRANDSON, AND A BABY DUE NEXT MONTH.
SO WHEN THEY TURN AROUND, THEY ACTUALLY SEE TWO BABY CAR SEATS.
AND SO THEIR TOLERANCE FOR RISK HAS CHANGED DRAMATICALLY.
WHAT WE'RE TRYING TO ACCOMPLISH IS A DRIVEWAY THAT IS VERY SIMPLE.
YOU ENTER THE PROPERTY, YOU TURN AROUND ON THE PROPERTY AND EXIT ALTON ROAD FACING FORWARD INSTEAD OF BACKWARDS.
ELEVATING THE PROPERTY MAKES THIS VERY DIFFICULT.
UM, AND THIS IS A SAMPLE OF THE DRIVEWAY, UM, AS IT IS, UM, APPROVED RIGHT NOW ON THE TOP SCREEN, PREVIOUSLY APPROVED.
AND THE BOTTOM, UH, DRIVEWAY IS WHAT WE'RE PROPOSING WHEN TRANSITIONING FROM A MUCH LOWER ROADWAY AND SIDEWALK TO AN ELEVATED HOME.
IT MAKES THIS VERY DIFFICULT ONCE YOU INTRODUCE THE ELEVATION CHANGE ALONG THE NECESSARY GRADING, THE RETAINING WALLS AND THE CURBS.
THE AREA WHERE A CAR CAN ACTUALLY MANEUVER IS VERY SLOPED DRIVEWAY AND BECOMES MUCH MORE CONSTRAINED ON A TWO DIMENSIONAL PLANET LOOKS, YOU CAN SIMPLY BACK OUT OF THE GARAGE AND BACK OUT INTO THE GRASS, WHICH IS THE SHADED AREA THAT YOU SEE.
THE REALITY IS THAT ONCE THE PROPERTY IS ELEVATED, THAT'S NOT WHAT YOU'RE DRIVING INTO, IT'S A WALL OR A CURB.
THE THREE, WELL, I MISSED THE POINT THERE.
THE THREE RED ARROWS ARE POINTING TO THE RAISED AREAS WITH RETAINING WALLS THAT EITHER ARE TWO FEET HIGH OR A FEW INCHES HIGH, AND YOU'RE REQUIRED TO MANAGE DRAINAGE THEN.
AND THEY ARE REQUIRED TO MANAGE DRAINAGE AND RETAIN THE ELEVATED GRADE OF THE PROPERTY.
WE'RE NOT ASKING FOR ADDITIONAL PAVEMENT BECAUSE WE SIMPLY WANT A BIGGER DRIVEWAY.
WE'RE ASKING FOR THE MINIMUM NECESSARY TO MAKE THE DRIVEWAY FUNCTION SAFELY WHEN COMING INTO ALTON ROAD.
AS IT IS RIGHT NOW, WE CANNOT EVEN BACK A CAR OUT OF THE GARAGE AS IT IS DESIGNED IN THE TOP WITHOUT BACKING INTO A RETAINING WALL THAT IS TWO FEET HIGH ON THE NORTH SIDE OF THE PROPERTY.
THIS ISN'T EVEN TAKING INTO ACCOUNT THAT THE DRIVEWAY IS ALSO SLOPED DUE TO THE ROAD ELEVATION BEING MUCH LOWER THAN THE PROPERTY ITSELF.
THAT'S WHY WE'RE ASKING FOR AN INCREASE IN THE DRIVEWAY ENTRANCE WIDTH FROM THE ALLOWED 18 FEET TO 27 FEET.
THAT ADDITIONAL WIDTH GIVES THE VEHICLES THE TURNING RADIUS THAT IS NECESSARY TO ENTER AND EXIT THE PROPERTY FACING ALTON ROAD AND NOT BACKING INTO ALTON.
THE LANDSCAPE VARIANCE IS REALLY A CONSEQUENCE OF THE SAME SAFETY ISSUE AND INCREASE IN THE, EXCUSE ME, IN THE DRIVEWAY.
AND I THINK THAT THESE NUMBERS I'M GOING TO GIVE YOU ARE IMPORTANT AS THE ONES THAT ROGELIO GAVE YOU.
WE'RE NOT ACTUALLY ASKING TO PROVIDE LESS LANDSCAPING ON THE PROPERTY.
WE'RE ACTUALLY GOING TO BE PROVIDING MORE THAN THE REQUIREMENT THE CODE REQUIRES.
AS STATED BEFORE, 607 SQUARE FEET OR 50% OF LANDSCAPING WITHIN THE FRONT SETBACK, WE'RE PROVIDING 293 SQUARE FEET.
THAT'S WHERE WE NEED THE ADDITIONAL PAVED AREA FOR THE DRIVEWAY.
HOWEVER, WE TRY TO PUT LANDSCAPING IN OTHER AREAS OF THE PROPERTY.
FOR EXAMPLE, THE BACKYARD REQUIRES 70% OR 667, WE'RE PROVIDING 98%, WHICH IS 934 SQUARE FEET.
WE'RE ALSO ADDING ANOTHER 94 SQUARE FEET IN THE FRONT.
UM, HOWEVER, IT'S NOT COUNTED BECAUSE IT IS BEHIND THE FRONT SETBACK.
HOWEVER, THAT ADDITIONAL 94 SQUARE FEET IS VISIBLE
[01:55:01]
FROM THE STREET, AND IT'S OPEN TO THE, TO THE FRONT OF THE HOME.SO WHEN YOU LOOK AT THE PROPERTY AS A WHOLE, THE CODE REQUIRES 1,274 SQUARE FEET OF LANDSCAPING.
WE'RE PROVIDING 1,321 SQUARE FEET.
THAT'S A TOTAL OF AN ADDITIONAL 47 SQUARE FEET, MORE LANDSCAPING THAN THE TOTAL AMOUNT REQUIRED.
SO I THINK IT'S IMPORTANT TO DISTINCTION THIS IN THE UNDERSTANDING OF THIS VARIANCE.
WE'RE NOT ASKING TO LANDSCAPE LESS.
WE'RE ACTUALLY PROVIDING MORE LANDSCAPING THAN REQUIRED.
WE'RE SIMPLY ASKING FOR FLEXIBILITY IN WHERE THE LANDSCAPING IS LOCATED SO THAT WE CAN CREATE A SAFE AND FUNCTIONAL DRIVEWAY AND AVOID BACKING OUT INTO ALTON.
THE THIRD VARIANCE, AND THE MORE COMPLICATED ONE TO UNDERSTAND EVEN FOR AT LEAST FOR ME, IS, UM, LIMITED TO ADJUSTMENT ON THE CENTER PART OF THE CENTER OF THE HOME.
UM, THIS CODE REQUIRES 35% OF THE SECOND FLOOR FRONT ELEVATION TO BE SET BACK 45 FEET.
WE'RE ASKING FOR THAT PORTION TO BE APPROXIMATELY 41 AND A HALF FEET SETBACK, A DIFFERENCE OF THREE AND A HALF FEET.
AND THAT IS THE VARIANCE WE ARE REQUESTING.
THE ADJUSTMENT ALLOWS US TO CREATE A MORE FUNCTIONAL AND APPROPRIATE ENTRY AND ROOF STRUCTURE.
IT DOESN'T INCREASE THE LOCK COVERAGE OR THE UNIT SIZE.
I THINK THIS ELEVATION VIEW IS EASIEST WAY TO UNDERSTAND WHAT WE'VE ASKED FOR.
WE'RE NOT BRINGING THE ENTIRE SECOND FLOOR FORWARD AND CREATING A LARGE FLAT TWO STORY WALL ALONG ALTON ROAD.
THE SECOND FLOOR REMAINS SUBSTANTIALLY RECESSED FROM THE FIRST FLOOR, AS STATED BY MR. MADAN.
AND THE FRONT OF THE HOUSE STILL HAS DIFFERENT SETBACKS, ROOF LINES, AND ARCHITECTURAL PLANES.
SO WHILE WE'RE ASKING FOR ROUGHLY THREE AND A HALF FEET OF RELIEF ON THE LIMITED PORTION OF THE SECOND FLOOR, WE'RE STILL ACCOMPLISHING WHAT WE BELIEVE IS THE INTENT OF THE SETBACK REQUIREMENT.
THE SPIRIT OF THE CODE IS MEANT TO PREVENT HOMES WITH FLAT FACADES THAT HAVE NO MOVEMENT WHATSOEVER BETWEEN THE FIRST AND SECOND FLOOR, AS IS PROOF FROM THE WEST ELEVATION PHOTO.
WE'RE MAKING OUR EFFORT, OUR BEST EFFORT TO RETAIN THE CHARM OF THIS HOME AND FOLLOW THE SPIRIT OF THE CODE ALMOST FINISHED
ULTIMATELY, WE'RE NOT DEVELOPERS.
WE'RE NOT MAXIMIZING, UM, THE LOT.
WE'RE A FAMILY TRYING TO BUILD A HOME ON ALTON ROAD WITH THE NECESSARY ELEVATION.
AND THIS IS, UM, A BETTER SIDE OF WHAT THE, UH, ROOF LINE IS GOING TO CHANGE TO.
AND THAT'S THE HOUSE AS IT IS PROPOSED.
WE DO HAVE LETTERS OF SUPPORT FROM OUR NEIGHBORS.
UM, ALL OF THEM ARE, UH, VERY EAGER TO SEE THE HOUSE FINISHED, BUT THEY'RE ALSO, UM, VERY MUCH, UM, IN FAVOR OF THE CHANGES WE'RE REQUESTING.
UM, HOPE YOUR SON'S PROCEDURE GOES WELL.
UM, OPEN TO PUBLIC COMMENT OR ANYONE'S ONLINE.
IF YOU'RE ON, IF YOU'RE ONLINE AND YOU'D LIKE TO SPEAK, PLEASE RAISE YOUR HAND.
I CLOSE THE PUBLIC COMMENT AND OPEN TO ANY QUESTIONS FROM THE BOARD.
UM, SO I'M TRYING TO UNDERSTAND TWO THINGS.
THIS, WE APPROVED CERTAIN VARIANCES AND THERE'S BEEN A LOT OF CHANGES TO THE, MOSTLY THE DRIVEWAY SPACE.
SO IT WASN'T THOUGHT OF IN THE INITIAL PLANS THAT THEY WOULD NEED TO HAVE ADDITIONAL DRIVEWAY SPACE, OR IT WAS JUST A CHANGE THAT THE OWNER WANTED AFTERWARDS.
AND THIS IS A, A CHANGE THAT THE OWNER HAS, HAS REQUESTED SINCE, UM, AS THEY, AS THEY AS THIS IS, AS THE CONSTRUCTION PROCEEDS, THEY'RE SEEING THE ISSUES MM-HMM
UM, SO IS THERE ANY, UM, WORRY ON THE PART OF STAFF THAT THE ADDITIONAL PAVING, I MEAN, YOU, THE PROPERTY HAS A LOT OF FLOODING PROBLEMS. I UNDERSTAND IT'S GONNA BE ELEVATED MM-HMM
TO ALLEVIATE SOME OF THOSE FLOODING PROBLEMS. BUT IF YOU PAVE THE ADDITIONAL PART OF THE FRONT, WHICH I UNDERSTAND IS NEEDED FOR SAFETY REASONS, UM, IS THAT GOING TO
[02:00:02]
DEFACTO MAKE THE FLOODING POTENTIALLY WORSE? BECAUSE NOW THERE'LL BE LESS DRAINAGE AREAS THEY'RE GONNA HAVE TO ENGINEER.ONE, ALL THAT PAVING IS REQUIRED TO BE SET ON SAND SO THAT IT IS PERVIOUS AREA.
SO THAT'S WHY THE BRICKS AND THEN, YEAH.
YES, THERE'S, THEY'RE SET ON SAND.
THE SECOND THING IS THAT THERE'S A WHOLE CIVIL ENGINEERING PLAN AND DRAINAGE UNDERNEATH THAT DRIVEWAY AND, UM, UH, COVERS THAT BRING, THAT ALLOW THE WATER TO SEEP IN THROUGH THAT DRIVEWAY.
AND AT THE ENTRANCE OF THE DRIVEWAY WHERE THE DRIVEWAY MEETS THE SIDEWALK WHERE THE WATER GOES IN, AND IT GOES UNDER THE GROUND WHERE THERE'S TRENCHES.
I THINK IF YOU'RE AN ARCHITECT, YOU PROBABLY UNDERSTAND ME BETTER, BUT, UM, THERE'S A WHOLE CIVIL PLAN FOR THE DRAINAGE OF THE PROPERTY SO THAT NONE OF THE WATER FROM THE PROPERTY, UH, GOES ONTO ALTON ROAD OR ONTO A NEIGHBOR.
UM, HOWEVER, WE WILL CONTINUE TO HAVE WATER FROM ALTON ROAD COMING UP UNTIL THE YEAR 2037 WHEN FDOT IS SCHEDULED TO REDO ALTON ROAD WITH A EIGHT FOOT DIAMETER STORM SEWER PIPE, UM, ON ALTON.
UH, AND AT THAT POINT IT'LL BE ABLE TO CATCH ITS OWN WATER.
UM, BUT, UM, ARE WE GONNA HAVE FLOODING? IT WON'T BE INTO THE HOUSE.
IS THERE WATER FROM ALTON ROAD COMING INTO THE DRIVEWAY? I'M SURE SOME WILL.
HOWEVER, IT'LL BE CAUGHT BY OUR OWN CIVIL DRAINAGE SYSTEM IN THE FRONT DRIVEWAY.
SO THAT'S BEEN ENGINEERED INTO THE, INTO THE PLANS.
ANY OTHER QUESTIONS? MR. SIMMONS? SINCE ALTON ROAD IS A STATE ROAD, UM, DO YOU HAVE STATE APPROVAL FROM DOT FOR YOUR 11 FOOT DRIVEWAY AND 16 FOOT DRIVEWAY? SO THIS, I I'M NOT REQUIRED TO HAVE APPROVAL FROM FDOT, ONLY FROM THE CITY.
'CAUSE FDO T'S UM, AUTHORITY ENDS AT THE SIDEWALK.
IT DOESN'T GO ONTO THE PRIVATE PROPERTIES ACTUALLY HAVE A CURB CUT GOING INTO A STATE ROAD.
SO HAVE YOU DISCUSSED OR RECEIVED ANYTHING FROM FDOT? NO.
AND THEY, WHAT WE'VE SPOKEN ABOUT WITH THEM, THEY DON'T REQUIRE ANYTHING.
IF WE DO NOT CHANGE THE APPROACHES THAT GO BETWEEN THE STREET AND THE SIDEWALK, THAT'S THEIR, THEIR JURISDICTION.
ANYTHING INTO THE PROPERTY IS OUR JURISDICTION OR CITY OF MIAMI BEACH.
YOU CHANGING THE CURB CUTS ONLY IN OUR PROPERTY, NOT OUTSIDE ON THE SWALE, WHICH IS BETWEEN THE SIDEWALK AND THE, UM, THE ROAD THAT STAYS AS IS.
SO THE, SO YOU'RE, WHILE YOU'RE MAKING THIS PART BIGGER SO THAT YOU CAN TURN A CAR AROUND INTERNALLY TO YOU, THE PLACE THAT YOU ENTER OR EXIT ON THE TWO SIDES, THAT TO THE ROAD THAT WILL STAY EXACTLY THE SAME FROM A CURB CUT? YES.
ANY OTHER QUESTIONS? AND IT STILL ALLOWS US, I SEE HE'S A LITTLE CONFUSED.
UH, IT STILL ALLOWS US TO MANEUVER THAT CAR BECAUSE, YES, ACTUALLY, NO, I'M NOT CONFUSED.
I WAS A SENIOR ATTORNEY AT DOT.
I'LL MAKE THE MOTION TO APPROVE.
ALL IN FAVOR? CAN I REQUEST A CONDITION TO THE MOTION THAT IT'S SUBJECT TO DOTS JURISDICTION AND APPROVAL? I CAN CERTAINLY ASK THEM AND, AND HAVE A LETTER FROM THEM OR SOME COMMUNICATION FROM THEM TO THE CITY IF THAT SUFFICES.
I HAVE A QUESTION ON THAT CONDITION BEFORE WE WAIT.
WHERE ARE WE AT? ARE WE VOTING OR WE, I, I THOUGHT WE WERE, BUT NOW WE'RE BACKTRACKING.
SO ARE WE BACKTRACKING? IT WOULD BE AN AMENDMENT TO THE MOTION, WHICH THE MAKER WOULD HAVE TO, WE'D HAVE TO REDO THE, WELL, I MEAN, YOU COULD EITHER AMEND THE MOTION OR WE COULD START OVER.
YEAH, JANET, I'M JUST REQUEST IN YOUR MOTION BE AMENDED TO INCLUDE THAT IT IS SUBJECT TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION'S APPROVAL.
'CAUSE WE DON'T HAVE JURISDICTION OVER THAT ROAD, BUT, SO, SO YOU'RE NOT TOUCHING THAT ROAD.
IF I CAN ADD THIS, IF I DO ANY CHANGE, AS YOU KNOW, TO THE APPROACHES GOING FROM THE STREET UP TO THE SIDEWALK ON THE SWALE AREA, THE CITY DOESN'T GIVE ME THAT PERMIT.
IT'S FDOT THAT I HAVE TO APPLY FOR A PERMIT AND GET THEIR APPROVAL.
[02:05:01]
A CHANGE TO THOSE APPROACHES ON THE FDOT PROPERTY, I NEED A PERMIT FROM THEM.IF I DON'T MAKE A CHANGE TO THAT AREA WITHIN THE SWALE, THE AREA BETWEEN THE SIDEWALK AND THE STREET, THEN I DON'T NEED A PERMIT FROM FO.
SO CAN, I MEAN, I DON'T KNOW IF YOU CAN SPEAK ON THIS, IF YOU BELIEVE THERE IS, OR IF THE CITY STAFF EVEN CONTEMPLATED THIS AND WHETHER OR NOT YOU BELIEVE THERE IS FDOT APPROVAL NEEDED BASED ON THE EXISTING PLANS? UM, ALWAYS.
I I, I AM, I HAVE NOT DEALT WITH FDOT APPROVAL ON, ON DRIVEWAY.
SO I I I'M NOT THE MOST QUALIFIED PERSON TO DETERMINE THAT, BUT I HAVE A FEELING WHAT SHE'S UH, SAYING IS CORRECT.
THAT IF THEY DON'T MAKE CHANGE IT, BUT, YOU KNOW, WE CAN, WE CAN LOOK INTO THAT.
ANY, ANY CHANGE THAT SHE NEEDS, THE, THE PROPER PERMITS WILL BE REQUIRED.
SO THEN I'LL, I'LL MAKE A MOTION TO SAY THAT WE APPROVE IT WITH THE CONDITION THAT STAFF WILL, UM, UH, RESEARCH WHETHER, WHETHER OR NOT FDOT APPROVAL IS NEEDED AND IF IT IS NEEDED, THAT THE APPLICANT WILL GET IT.
AND IF IT IS NOT NEEDING THAT, IT'LL BE APPROVED WITHOUT IT.
CAN I, CAN I ASK A QUESTION ON THAT? SURE.
ISN'T THAT, DOESN'T THAT GO WITHOUT SAYING, ISN'T THAT IN RIGHT? MM-HMM
YEAH, I MEAN THAT'S INHERENT THAT, THAT WE'D BE LIKE CHANGING ALL OF OUR ORDERS OR WHATEVER THEY'RE CALLED, LIKE ALL THE TIME TO SAY IT'S SUBJECT TO THIS LAW IS SUBJECT TO THAT.
LIKE, IT, IT BY A MATTER OF LAW, IT'S SUBJECT TO OTHER, I I DEAL WITH IT MORE ON COMMERCIAL PROPERTIES ON ALTON ROAD, WHERE I, I KNOW THAT IF YOU'RE PUTTING, YOU'RE BUILDING A NEW COMMERCIAL BUILDING AND YOU HAVE DRIVEWAYS THAT WERE NEVER THERE BEFORE, THEY DEFINITELY NEED FDOT APPROVAL TO ADD THOSE DRIVEWAYS.
AND THOSE DRIVEWAYS ARE ON THE, ON THE SWALE.
AND THAT'S WHY IT REQUIRES FDOT APPROVAL BECAUSE THAT IS FDOT PROPERTY.
HOWEVER, THE FDO T'S JURISDICTION ENDS, UH, UP TO THE SIDEWALK.
ANYTHING FROM THE SIDEWALK TO THE STREET IS FDOT FROM THE SIDEWALK INTO THE PROPERTY IS THE OWNER.
AND OF COURSE, CITY OF MIAMI BEACH DADE COUNTY, DURHAM DADE COUNTY BUILDING DEPARTMENT,
SO, SO I GUESS THEN YOU DON'T, WE DON'T NEED THE CONDITION BECAUSE THEY WOULD NEVER PASS INSPECTION AT THE END.
IF THEY CHANGED SOMETHING, SOMEBODY WOULD NOTICE THAT THEY'VE CHANGED IT AND WOULDN'T PASS INSPECTION VIA, YOU KNOW, THE, THE FINAL, THEY WOULDN'T GET A CO.
SO WE DON'T NEED THE CONDITION IS WHAT YOU'RE SAYING.
I I, I DON'T THINK IT'S NECESSARY, BUT IF THE BOARD, IF THAT IS THE BOARD'S WISH WE'RE, WE'RE, WE'RE COMFORTABLE WITH THAT.
WELL, I'M JUST GONNA MAKE A MOTION TO APPROVE NO CONDITIONS.
DO I HAVE A SECOND? AGAIN, I'LL SECOND THAT.
[8. ZBA26-0202, 1615 BAY DRIVE]
WE'RE GOING TO NUMBER EIGHT, ZBA 2 6 0 2 0 2 16 15 BAY DRIVE.AND FOLKS, I'LL NEED YOU TO RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL BE GIVING IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
SO THIS IS, UH, ZBA 26 DASH 0 2 0 2, UH, 1615 BAY DRIVE.
UH, AN APPLICATION HAS BEEN FILED REQUESTING VARIANCES OF THE REAR INSIDE INTERIOR SETBACKS AND, UM, AND ACCESSORY BUILDING SETBACKS, UM, LOT COVERAGE AND REAR YARD OPEN SPACE TO ALLOW FOR THE CONSTRUCTION OF A TWO STORY ACCESSORY BUILDING ON A LOT WITH AN EXISTING SINGLE FAMILY HOME.
UM, SO THIS IS A, UH, A LOT IN ON ISLE OF NORMANDY.
UM, IT IS IN THE RS FOUR SINGLE FAMILY DISTRICT.
UH, THE LOT SIZE IS 7,584 SQUARE FEET.
UH, THEY HAVE A, AN EXISTING UNIT SIZE OF THIR 2,487 SQUARE FEET, OR 32%.
UH, AND THEY'RE PROPOSING INCREASING THAT TO 3092 SQUARE FEET OR 40%, WHICH IS WELL BELOW THE MAXIMUM ALLOWED, WHICH IS 50%.
UM, THE APPLICANT HAS A LOT COVERAGE, AN EXISTING LOT COVERAGE OF 3,144 SQUARE FEET, OR 34%.
IT'S CURRENTLY A SINGLE FAMILY HOME.
SO THAT IS CONFORMING WITH THE, A SINGLE STORY HOME.
SO THAT IS CONFORMING WITH THE SINGLE STORY REQUIREMENTS, WHICH HAVE A LIMIT OF 40%.
HOWEVER, BECAUSE OF THIS, UH, ADDITION, UH, WHICH IS TWO STORIES, IT REDUCES THE LOT COVERAGE TO 30%.
UM, SO THE APPLICANT IS REQUESTING A VARIANCE BECAUSE OF THAT.
SO THEY'RE PROPOSING INCREASING THE LOT COVERAGE TO 3,590 SQUARE FEET, WHICH IS 39.9%.
UH, THIS HOME WAS ORIGINALLY CONSTRUCTED IN 1939.
UM, IT MAINTAINS A LOT OF ITS, UM, ORIGINAL, UH, FEATURES.
IT LIKELY WOULD BE ELIGIBLE FOR, UH, DETERMINATION OF ARCHITECTURAL SIGNIFICANCE.
[02:10:01]
ADDITION THAT THEY'RE PROPOSING, BECAUSE IT IS AN EX IT IS NOT ATTACHED TO THE MAIN STRUCTURE, WOULD NOT BENEFIT FROM THAT DESIGNATION.UM, SO THE APPLICANT HAS, UH, SUBMITTED AN APPLICATION FOR, UH, THOSE FOUR VARIANCES.
UM, THE, UH, I'LL, I'LL GO THROUGH THEM SPECIFICALLY.
THE FIRST IS THE LOT COVERAGE VARIANCE, UH, WHICH IS A VARIANCE FROM SECTION 7 2 2 3 B ONE TO EXCEED THE MAXIMUM LOT COVERAGE OF 30% FOR A TWO STORY HOME IN ORDER TO CONSTRUCT AN ACCESSORY BUILDING WITH A LOT COVERAGE, UH, WITH AN OVERALL LOT COVERAGE OF 31% OR 2377%.
SO IT'S A 1% VARIANCE OF THE LOT COVERAGE.
THE NEXT IS A REAR YARD ACCESSORY BUILDING LOT COVERAGE, UM, WHICH IS A VARIANCE FROM SECTION 7 2 2 3 B12 B, UH, THE REAR YARD ACCESSORY BUILDING LOT COVERAGE LIMIT OF 25% TO ALLOW FOR THE CONSTRUCTION OF AN ACCESSORY BUILDING WITH A REAR YARD LOT COVERAGE OF 27% OR 308 SQUARE FEET.
THE NEXT ONE IS THE REAR YARD ACCESSORY BUILDING SIDE SETBACK VARIANCE, UH, WHICH IS A VARIANCE FROM SECTION 7 2 2 3 B12 B.
THE MINIMUM REQUIRED TWO STORY ACCESSORY BUILDING SIDE YARD SETBACK OF 10 FEET.
UM, AGAIN, IN ORDER TO CONSTRUCT A NEW TWO STORY ACCESSORY BUILDING WITH A NORTH SIDE SETBACK OF EIGHT FEET, FOUR INCHES.
AND THEN THE LAST ONE IS A REAR YARD ACCESSORY BUILDING SETBACK, UM, WHICH IS A VARIANCE FROM SECTION 7 2 2 3 B12 B.
THE MINIMUM REQUIRED TWO STORY ACCESSORY BUILDING REAR YARD SETBACK OF 15 FEET IN ORDER TO CONSTRUCT A NEW TWO STORY ACCESSORY BUILDING WITH A REAR SETBACK OF 11 FEET FOUR INCHES.
SO THIS IS, UM, AN INTERESTING SITUATION.
THE HOME THAT YOU HAVE, THE EXISTING HOME IN THE FRONT, YOU HAVE A POOL DECK, UH, BEHIND THAT HOME THAT THE APPLICANT WOULD LIKE TO MAINTAIN.
AND THEN THE APPLICANT IS PROPOSING TO BUILD THIS ACCESSORY BUILDING BEHIND THE POOL DECK.
MOST OF THIS ACCESSORY BUILDING FALLS WITHIN WHAT WE CALL THE MAIN BUILDABLE AREA.
IT'S NOT INSIDE THE REAR YARD SETBACK.
THE PORTIONS OF THIS ACCESSORY BUILDING THAT ARE WITHIN THE MAIN BUILDABLE AREA COMPLY WITH THE CODE.
UH, THEY COMPLY WITH THE SETBACKS, THEY COMPLY WITH THE HEIGHT LIMITS OF THE, OF THE MAIN CODE, UM, AND THE UNIT SIZE OF THE MAIN CODE.
THE ISSUE HAPPENS WHEN THE PORTION OF THE BUILDING CROSSES INTO WHAT WE CALL THE REAR YARD INTO THE BACKYARD, WHICH IS THE REAR, I BELIEVE, 21 FEET OF THE PROPERTY.
UM, THE CODE HAS SPECIFIC REQUIREMENTS FOR, UH, ACCESSORY BUILDINGS THAT ARE LOCATED IN THE REAR YARD.
THEY HAVE DIFFERENT SETBACK REQUIREMENTS, DIFFERENT LOT COVERAGE REQUIREMENTS THAT ARE THAN WHAT'S REQUIRED IN THE MAIN BUILDABLE AREA.
SO THIS IS AN ODD STRUCTURE THAT SPANS TWO WORLDS.
IT SPANS THE, THE, THE PORTION OF THE MAIN BUILDABLE AREA AND THE PORTION IN THE REAR YARD.
SO THEY'RE REQUESTING VARIANCES ONLY FOR THE PORTION OF THE STRUCTURE THAT FALL WITHIN THE REAR YARD.
UM, IT'S EASIER WHEN YOU, YOU'LL, WHEN YOU SEE THE PLANS, YOU'LL, YOU'LL, YOU'LL, YOU'LL SEE IT, YOU'LL BE ABLE TO VISUALIZE IT BETTER.
UM, BUT ESSENTIALLY THE HARDSHIP THAT THEY HAVE IS THAT THEY'RE TRYING TO MAINTAIN THIS EXISTING, UM, HOME FROM 1939 AND THE EXISTING POOL DECK WITHOUT HAVING TO DEMOLISH THAT.
UM, AND IN ORDER TO DO THIS USABLE ADDITION, THEY NEED THESE, THIS SETBACK RELIEF IN ORDER TO PROVIDE FOR AN ADDITION THAT'S USABLE WHILE STILL MAINTAINING THE EXISTING STRUCTURE.
UM, SO STAFF IS SUPPORTIVE OF THE GRANTING OF THE VARIANCES.
UM, I THINK IT'LL BECOME A LITTLE CLEARER WHEN THEY SHOW THE PLANS WHAT, WHAT THIS IS RATHER THAN DESCRIBING IT VERBALLY.
UM, BUT, UM, BUT YOU KNOW, I'M SURE WE'LL WE'LL BE ABLE TO ADDRESS ANY QUESTIONS.
DO YOU HAVE ANY DISCLOSURES? I LIVE ACROSS THE STREET.
IS 10 MINUTES ENOUGH? UH, YES MA'AM.
I THINK YOU'RE, I DON'T KNOW, I MAY NOT HAVE A QUORUM NOW.
DOES HE HAVE TO RECUSE RECUSE HIMSELF JUST BECAUSE HE LIVES IN THE NEIGHBORHOOD? I GUESS.
I DON'T KNOW WHAT'S GOING ON AT SEA SECRET.
THINK THAT WOULD TOP SECRET STUFF THAT'S GOING ON OVER THERE.
I WOULD THINK THAT'D BE A GOOD THING.
LIKE IF HE SAID HE IS ACTUALLY, HE DOESN'T LIKE YOUR ARCHITECTURE OR SOMETHING, HE CAN VOTE ACCORDINGLY.
I'M HAPPY TO START WHENEVER YOU WOULD LIKE FOR ME TO, I'M JUST WANNA BE RESPECTFUL OF IS IT OKAY FOR THEM TO START WHILE YOU THINK AND I'M, I DON'T THINK SO.
I'VE NEVER HAD THIS SITUATION ARISE IN MYKI HERE.
[02:15:01]
NOT.WELCOME BACK TO THE SEPTEMBER 18TH BOARD OF ADJUSTMENTS MEETING.
WE'RE ON ITEM NUMBER ZV 8 2 6 0 2 0 2 16 15 BAY DRIVE.
I BELIEVE THAT YOU GUYS DID SOME REASON.
UM, UH, DURING THE BREAK, UH, WE HAD A DISCUSSION WITH MEMBER CINNAMON.
UM, AND IT APPEARS THAT HE HAS A VOTING CONFLICT AS HIS PROPERTY IS DIRECTLY ACROSS THE STREET FROM THE SUBJECT PROPERTY.
AND HE WILL BE, UM, STEPPING DOWN FROM HEARING THIS MATTER.
HE'S ALSO GONNA BE, UH, FILING THE APPROPRIATE FORM WITH THE CLERK'S OFFICE DISCLOSING THE VOTING CONFLICT.
SO WITH THAT, WE HAVE FIVE MEMBERS, WHICH IS ENOUGH TO HEAR THE CASE.
UH, THE APPLICANT HAS DECIDED NOT TO REQUEST A CONTINUANCE, UH, SO THAT WE WOULD HAVE SIX MORE BOARD MEMBERS PRESENT WITH, UM, UH, MR. FEIG WHO'S MISSING TODAY.
SO WE'RE GONNA PROCEED WITH FIVE BOARD MEMBERS.
I'M THE PRINCIPAL DEBOWSKI DESIGN GROUP.
I'M HERE WITH MY COLLEAGUE, SONIA BOUNDS.
UH, SHE'S THE PROJECT MANAGER AND SHE'S BEEN THE DIRECT INTERMEDIARY IN WORKING WITH THE CITY.
AND MOST IMPORTANTLY, UM, OUR CLIENT, MR. NEGAR, IS FOLLOWING ON ZOOM.
UM, MR. NEGAR IS PLANNING TO RELOCATE HIMSELF AND HIS FAMILY FROM CALIFORNIA TO THIS PROPERTY.
AND THE SUBJECT THAT WE'RE GONNA BE DISCUSSING TODAY, THE STRUCTURE IN THE REAR YARD IS FOR HIS ELDERLY PARENTS TO HAVE A PLACE, UH, TO COME AND TO STAY WITH HIM IN PERPETUITY.
FROM THERE, THE ORIGINAL HOUSE 1939 IS BEING, UH, COMPLETELY UNTOUCHED.
AND, UH, WE WOULD ACTUALLY CONTEND TO SAY THAT THE PROJECT THAT'S IN THE REAR YARD IS ACTUALLY NOT EVEN VISIBLE FROM THE STREET.
SO, UM, THE, THE REQUEST THAT WE'RE MAKING HERE TODAY, UH, IS ACTUALLY FAIRLY MINOR.
UH, WE'RE ABOUT 1% OVER ON THE LOT COVERAGE, UH, REQUEST, UM, TO JUST PUSHING US UP TO THE 31%.
AND SOME OF THAT IS RELATED TO THE FACT THAT THE LOT ACTUALLY NARROWS, UM, ANALOGOUS TO A PIE WEDGE, UH, TOWARDS THE BACK.
SO, AS IT NARROWS, IT'S ALSO THE REASON WHY WE'RE ASKING FOR A LITTLE BIT OF EXTRA LENIENCY WITH THE SETBACKS, UM, TO THE, TO THE SIDE BECAUSE OF THE NARROWING.
WITH REGARD TO THE SETBACK TO THE REAR, I JUST WANT TO CORRECT SOMETHING THAT MR. MADON SAID.
WE DON'T CURRENTLY HAVE A SWIMMING POOL RIGHT NOW.
WE'RE TRYING TO PROVIDE AS PART OF THIS PROJECT, THE MINIMUM AMOUNT OF POOL DECK, A VERY SMALL POOL AS YOU CAN SEE IN THE PLAN.
AND THEN SOMETHING THAT IS APPROPRIATELY, UM, MOVED BACK AWAY FROM THE SWIMMING POOL ITSELF.
THIS TWO STORY STRUCTURE THAT WE'RE CREATING, IT'S INTENTIONALLY THAT SIZE SO THAT THE OCCUPANTS OF THE PROPERTY CAN USE THE ROOF.
SIMILAR TO, UM, A PROJECT THAT YOU HEARD A FEW MINUTES AGO WHERE THEY CAN GET UP ONTO THE ROOF TO HAVE ACCESS.
UH, THIS IS ON BAY ROAD, BUT IT'S UNFORTUNATELY ON THE EAST SIDE OF THE ROAD.
SO THE ONLY WAY TO HAVE WATER VIEW ACCESS IS TO GET TO THIS ELEVATION.
UH, AGAIN, WE BELIEVE THAT WE'VE DESIGNED IT HIGH ENOUGH TO WHERE THEY CAN SEE THE WATER, BUT ALSO LOW ENOUGH TO WHERE YOU CAN'T ACTUALLY SEE THIS PROJECT AT ALL FROM THE STREET.
AND SOME OF OUR RENDERINGS DEPICT THAT AS WELL.
FINALLY, I'D LIKE TO JUST TALK ABOUT THE IDEA OF THE WAY THAT, THAT THAT REAR HOUSE SITS, UM, BECAUSE OF THE FLOOD PLAIN ISSUES AND CONCERNS THAT, UM, TO, TO MAKE IT FEMA COMPLIANT.
WE'VE DESIGNED THE HOME, UM, WITH AN UNDERSTORY WITH THE IDEA BEING THAT THE, THE, THE FIRST FLOOR OF THE LIVING QUARTERS IS ACTUALLY THE SECOND FLOOR OF THE HOME.
IT TRULY IS A ONE STORY HOME JUST SITTING UP, UP HIGH TO GET IT UP OUT OF THE FLOODPLAIN, WHICH IS ACTUALLY EVEN MORE COMPLIANT THAN THE EXISTING HOUSE FROM 1939.
SO, UH, I GUESS IN SUMMARY, WE'RE ASKING FOR YOUR HELP IN ALLOWING A VERY SMALL AMOUNT OF OVERAGE THAT BRINGS US TO THIS BOARD IN ORDER TO ACCOMMODATE, UH, A VERY MODEST 750 SQUARE FOOT GUEST HOUSE IN THE BACK.
IT'S A, IT'S REALLY ONE BEDROOM, ONE BATHROOM, AND THEN AGAIN, THE, THE PRIZE BEING ACCESS TO BE ABLE TO ENJOY VIEWS BACK TOWARDS THE BAY.
I'D LIKE TO JUST MAKE A COUPLE ADDITIONS.
UM, WE ARE OVER IN THE REAR YARD BY 2%, AND THAT IS BECAUSE OF THE FACT THAT WE DO WANNA HAVE THAT SMALL POOL WITH THAT SMALL POOL DECK.
IT ALLOWS JUST ENOUGH ROOM FOR WALKING SPACE AND SEATING SPACE.
UM, AND THAT'S WHY WE HAVE TO PUSH IT BACK JUST A LITTLE BIT.
AND THAT'S WHERE OUR OVERAGE OF 2% IS, AS WELL AS THAT OVERAGE IN THE REAR SETBACK.
AND IT'S NOT THE REGULAR SETBACK,
[02:20:01]
IT'S THE REAR ACCESSORY SETBACK OF THREE FOOT EIGHT.UM, AND THEN ON THE SIDE, WE ARE OVER BY ONE FOOT EIGHT BECAUSE OF THAT SPIRAL STAIR THAT WE WOULD LIKE TO HAVE TO ACCESS THE ROOF.
UM, AND THAT SPIRAL STAIR IS LOCATED BACK THERE BECAUSE OF THAT WHOLE PUSHBACK THAT WE NEEDED TO DO, JUST TO HAVE THAT SMALL POOL AND THAT SMALL WALKING SPACE FOR THE POOL DECK.
AND OUR BUILDING IS ACTUALLY THE MINIMAL SPACE THAT WE CAN HAVE FOR LIVING QUARTERS.
IT'S NOT EVEN 800 SQUARE FEET.
UM, THAT'S SOMETHING I WANTED TO ADD.
UH, IS ANYONE HERE, UM, IN THE, IS ANYONE ONLINE? I THINK THERE IS PEOPLE, ANYBODY ON LINE WHO'D LIKE TO SPEAK? PLEASE RAISE YOUR HAND.
ANYONE FROM THE BOARD HAVE ANY QUESTIONS? NONE.
ANYTHING FROM THE NEIGHBORS? ANY COMMENTS? ANY OPPOSITION? WE HAVEN'T, WE HAVEN'T RECEIVED ANYTHING.
UH, DO I HAVE A MOTION? MOTION TO APPROVE? DO I HAVE A SECOND? I NEED GO SECOND.
UM, THIS, WITH THAT, THIS CONCLUDES OUR MEETING TODAY.
[FUTURE MEETING DATE REMINDER: October 16, 2026]
OUR FUTURE MEETING IS OCTOBER 16TH AND I DON'T KNOW, DO YOU KNOW HOW MANY, ANY WE HAVE, HOW MANY ITEMS ARE ON THAT? WE HAVE, UH, THREE ITEMS ON THE NEXT AGENDA PLUS THE TWO THAT WERE CONTINUED FROM TODAY.I THOUGHT I SAID OH, ARE WE MOTION TO ADJOURN? MOTION.
DO ANY FAVOR, Y'ALL IN FAVOR? AYE.