[Music] Heat. Heat.
[Music] Heat. Heat. [Music] Heat. Heat.
[Music]
Hey. Hey. Hey. Feel [Music] [Music] feel well.
[Music] All night [Music] long.
[Music] [Music]
I'm doing it. [Music] Heart.
[Music]
What are you doing? [Music]
Hey, data. [Music] Do you [Music] feel [Music]
[Music] Heat. Heat. [Music] [Music] Heat. Heat. [Music]
Hey, hey, hey. [Music] [Music] Hey, hey, hey. [Music]
[Music] Hey, [Music] hey, hey.
[Music] Hey, hey, hey. Heat. Hey, Heat. [Music] [Music]
Heat. [Music] Heat. [Music] [Music]
Heat. Heat.
[Music]
Heat. Heat. N. [Music] [Music]
nothing. [Music]
Make [Music] like that. [Music] Welcome to the City of Miami Beach Commission chambers. We're glad to have
you with us today. If you require ADA assistance or accommodations, please notify the city clerk or any staff member and we will be happy to assist you. As a courtesy to everyone present, please silence all cell phones and
electronic devices at this time. Lobbyist disclosure reminder. If you are a lobbyist appearing before the city commission or any city board, you must have registered with the city clerk prior to participating. If you have not yet registered, please do so immediately.
Presentation reminder. If you submitted a presentation within the 24 hours prior to the start of today's meeting, please check the computer located at the podium to ensure your file is properly loaded. When the floor opens for public comment, please step up to the podium. Speak
clearly into the microphone and begin by stating your name and address for the record. How to participate in public meetings via Zoom. Once you have joined the Zoom meeting, go to the bottom panel and click on the raise hand icon to notify
the meeting host that you would like to speak. As soon as the host grants you permission to speak, a dialogue box will pop up on your screen with two options. Select the unmute button to begin speaking. After you finish speaking, mute your microphone and click on the
lower hand icon. If you are joining Zoom via phone, tap the keypad icon and press star 9 to notify the meeting host that you have raised your hand to speak. A voice operator will prompt you to unmute your microphone by pressing star
6. Once unmuted, you may begin speaking. After you finish sharing your comments, be sure to press star 9 to lower your hand and star six to mute yourself. We kindly ask everyone to conduct themselves in a respectful and professional manner throughout today's
meeting. Thank you for your cooperation and thank you for participating in your local government here in the city of Miami Beach. [Music] [Applause] [Music]
Everything. [Music]
[Music] [Music] [Music] Heat. Heat.
[Music] down. [Music]
[Music] Hey Feel [Music] well. [Music]
Please take your seats. The meeting is about to begin. Remember to speak into the microphone as this meeting is being recorded for public record. [Music] Please stand by. We are going on air in
5 4 3 2 one. >> Good morning everybody and welcome to the zoning board of adjustment meeting on Friday, September 12th, 2025. I hope everyone had a great summer and uh are getting back into the routine of things. Um we've got three items on the agenda
today. So why don't we go ahead and start with attendance. Mr. Madden, could you take role, please? Absolutely. Good morning everybody. Uh we'll do a roll call for attendance. Um Mr. Goldberg >> here. >> Mr. Davis >> here. >> Mr. Krennic >> here.
>> M uh Miss Mli >> here. >> Mr. Naggler >> present. >> Miss Silverman >> here. >> Mr. Silvers >> here. >> We have a full board. Seven of seven members are present. >> Excellent. Uh Mr. the city attorney, can you please um tell people how they can participate via Zoom and um the swearing
and then after that um go ahead and swear in the public that's here um anyone participating via Zoom will get sworn in at the time of the testimony. Mr. City attorney, thank you. >> Sure. Perfect. Thank you. 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 applicants, staff, and members of the public appearing either in person or virtually via the Zoom platform. In order to participate in today's meeting, those wishing to participate via the
Zoom platform may dial 888853-5257, which is a toll-free number, and enter the webinar ID, which is 8286961-5309, or log into the Zoom app and enter the webinar ID, which again is 828-69-61-539. Any individual wishing to speak on an
item must click the raise hand icon if they are using the Zoom app or dial star9 if they are participating by phone. Before I swear in those that are testifying, I'm going to read into the record the city's notice uh regarding lobbyist registration. If you're appearing on behalf of a business, a
corporation, or another person, you need to register as a lobbyist with the city clerk's office. If you haven't registered yet, you should register before you speak to the board. You do not have to register as a lobbyist if you are speaking only on behalf of yourself and not any other party or if
you are testifying as an expert witness providing only scientific, technical, or other specialized information or testimony in this public meeting. Or if you are appearing as a representative of a neighborhood association without any compensation or reimbursement for your appearance to express support of or
opposition to any item. Expert witnesses and representatives of neighborhood associations shall prior to appearing disclose in writing to the city clerk their name, address, and the principal on behalf who they are communicating. If you are an architect, attorney, or
employee representing an applicant or an objector, you must register as a lobbyist. These rules apply whether you are appearing in favor of or against an item or encouraging or arguing against its passage, defeat, modification, or continuence. So, at this point, uh,
anyone in the chambers that's going to be testifying, if you could please RA, uh, stand up, 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. >> Thank you. And please be seated. And,
uh, with that, I'll turn it back to um, uh, Mr. Chair. >> Okay. Thank you so much, Mr. State Attorney. Mr. State Attorney, I'm sorry. Uh, any I'm none. Little little FA there. Um, any discussion items, Mr. Madden? >> We have no discussion items today. >> Okay. In your packages, you have the
minutes from our July 30th meeting. Hopefully, you had a chance to look over those. Um, I'll entertain any corrections or if everything was okay, I'll entertain a motion to approve those minutes from July 30th. >> Move to approve the minutes. >> Okay. Moved by Mr. Davis. Second.
>> Second. >> Okay. Second by Miss Silverman. All in favor? I opposed. Thank you. Okay. Uh we do have one request for a continuence. That's going to be ZBA25-0176 50 East Dolito Drive. Uh Alejandro, can
you help us with that, please? >> Oh, no. I'm sorry. That one I'm going straight to Mr. Madden. I'm sorry. >> That's okay. Um so this is the the applicant has has uh realized that they need to revise the uh the application somewhat. So they've requested a continuence to the November meeting.
>> Okay. So we need a motion. We need a motion. Uh we need a motion to approve that request >> and and just to clarify that would be the November >> 7th >> uh 7th meeting. >> So moved.
>> Okay. Moved by Mr. Krennic. Second. >> Second. >> Second by Mr. Davis. All in favor? I. Likewise. Motion passes. Thank you. Do we have any previously continued applications? >> We have no previously continued applications. >> Okay. Awesome. Great. So, with that,
we'll get into our first application. Uh, it's going to be ZVA25-01841725 Daytonia Road. Um, Alejandra, can you take that, please? >> This application has been filed requesting an after the fact variance from the minimum required interior side yard setback to retain a covered terrace
for an existing single family home. >> Okay. So, this this um application is an after the fact variance. Um the applicant obtained a building permit from the building department. Unfortunately, when the application was submitted, the the application was not
routed to the planning department for review uh for the land development regulations. So the plan the the this is for the construction of a terrace in the backyard of the home. The terrace encroaches into the sideyard setback uh by about two by about um
uh to reduce by 1t 2 in. it encroaches into the sideyard setback. Um, the applicant constructed the terrace as was approved in the building permit. Unfortunately, when when they went to final the permit, the planning inspector went and realized that this was not in compliance with the setbacks in the land development regulations. So, they had to
go uh in for an after the-act uh variance for this application. Um, given the hardships, they they did get a building permit. They went through the process. Um, this was was an error. Um staff is supportive of the granting of this variance because it would be a hardship to require the applicant to go in and re and reconstruct this terrace
at this point. Um so staff recommends that the application be approved subject to the conditions in the attached draft order. >> Okay, great. Uh thank you. Uh before I begin any disclosures on the dis. >> Okay, seeing no disclosures. Um Mr. Avalos uh is going to be presenting. You
are >> representing the representing the client. You're the consultant representing the client, right? I do mind. >> Yeah. I'm I'm in here uh on behalf of representing the property owner and the contractor uh for the case that you mentioned 1725.
>> I'm sorry. Yeah, we started the timer. 10 minutes is enough for your presentation. >> We'll give you 10 minutes to present more. Okay. Thank you, sir. >> It's actually I'm going to say the same thing that he said. >> Okay. Continue. Thank you. >> Uh if if you don't mind, I will go directly to the conclusion because
everything is the same thing. So in conclusion, this pergola was built under a valid permit and the applicant seted a good fed. The variant is necessary to avoid undue hardship and allow the pergola to remain in construction. The respect we respectively uh request the
board to approve this variant and that's it. Thank you for your consideration. We have already submitted a a letter from the left neigh neighbor which is the most affected and it's uh in the records
saying that everything is okay. No. >> Yep. >> No issues. >> Thank you so much. Um I'll go ahead and open up the any public comment. Do we have anybody on Zoom? Mr. Meden, anyone here in the chambers? >> If you're on Zoom, please raise your hand. We have no hands raised on Zoom. Okay, with that I'll go ahead and close the public comment and I'll open it up
to the board for questions to the chair. >> Mr. Nagler, >> back at it. >> We missed you. >> I have I have a question for staff, I think. Um, whose mistake was this? And I don't mean like what person. I just mean like was it the city's mistake or their mistake? >> The city. Um, when permits are submitted
to the city, they get depending on what you're proposing, it should be routed to various departments depending on what it is. This one should have been routed to the planning department. it simply was an error that it wasn't. Um because we would have caught that in permitting and told them, hey, do you need to shave off foot and a half before you before you
start building and and unfortunately that didn't happen in this case? >> Okay. And I'm not looking to point fingers, but I'm saying so this was a city mistake. >> Should he have should they have reasonably caught the city's mistake in this instance? >> Um
a pergola you probably don't need a it's probably the contractor preparing plans. um instead of an architect. If it's an architect working on it, an architect should have caught it. Um something like this, you're likely able to get a contractor to do the plans or an engineer that might not be looking at
the zoning code. Um that's a thought. Yes. I mean, ideally, yes. Um but but it's it's it's a it's understandable that they didn't. >> Okay. Because because my my point is that assuming there's some fees and costs
>> for the applicant to come before us today >> to correct a city error. That seems insane to me. Um so like we're charging them to correct our mistake. I don't really get that. But that's it. That's that's my thoughts. >> Understood. >> Are we able to wave the fees or cost?
>> Um the code doesn't have a provision to wave the fees. Um I believe the property was homesteaded so we actually were able to reduce the fee for homesteaded properties. So so we were able to do that but um um but unfortunately the code does not have a a provision to wave fees.
>> Okay. Thank you. >> Okay. >> For this type for this type of situation. It does for other other situations but not this type of situation. >> Thank you. Uh any other questions from the D applicant or staff? No. Okay. With that I'll entertain any motions.
I'll make a motion to approve it. >> Okay, Miss Silverman. Uh motion to approve. Second. >> Second. >> Was that was that okay? Um >> second. >> Everyone's Everyone's got a second. I don't know if we can. Okay. I don't know if we can do everyone second, but um we'll go ahead and we'll take um Mr. So
second. All in favor? >> I opposed. >> Okay, motion passes. Thank you so much for coming in. Okay, we appreciate it. Okay, >> thank you very much. uh in order to close the permit which is still open because of this uh inspection that is not approved. How would be the process to Can you tell me?
>> We will we will um give you a recorded order should likely be ready within a week or two. We have to um finalize it, sign it, send it to the county to record. Once you have that recorded order, um you will be able to submit that with the plans and uh planning will be able to sign off on it.
>> Thank you very much. >> You're welcome. >> Have a very good day. >> Thank Thank you. Thank you so much. Thanks for coming in. Uh, next item is going to be ZBA25-01872034 North Bay Road. Um, Alejandra, >> this application has been filed requesting an after the fact variance for the rear yard setback in order to
legalize a court game on a parcel with an existing single family home. >> Okay. So, this is um an existing home. Um, it is a waterfront lot. Um the the lot is irregularly shaped and the applicant constructed a paddle court in
the rear yard. The court encroaches into the setback by 6 in. Um so it's it's unfortunate. It's it's it's only for this is a variance for 6 in into the rear yard. It's only a corner of the paddle court that encroaches into the setback. The rear yard is irregularly
shaped. It's sort of a triangular uh type shape. So, we looked at it and to determine if they would be eligible for a variance pursuant to there being a hardship given the irregular shape of the lot. Um, it is it is likely that they would have been eligible to request
a variance had they had they come in beforehand. Um, so given that they do have a hardship with the shape of the lot, staff does recommend that it be approved, but this is an after the-act variance. The the court is already there. Um, and it does encroach into the setback by 6 in. So with that, staff recommends that the application be
approved subject to the conditions in the attached draft order. >> Okay. Thank you. Do we have any disclosures on the dis. Okay. Uh Mr. Juver uh from MJ Permits, uh you're going to be presenting. >> Yes, sir. >> Okay. We'll give you 10 minutes. If you need more, let me know. Floor is yours.
Thank you. >> Perfect. Good morning, ladies and gentlemen of the board staff. Um thank you for hearing this this variance uh request. Um, like Roio said, this is a a very unfortunate um variance where it's just a corner of the paddle court that's
encroaching not even it's a little bit less than 6 in going into the the rear setback. The rear setback right now it is a single family uh zoning. Rear setback is 7 ft 6 in or just under 7.2 I believe um is what we're respecting in the rear. We have a powerpoint. I don't
know if we can get that pulled up. Okay. U go ahead. Next slide, please. >> Uh the pod the computer is right next to you on your left hand side. >> Sorry. >> Okay. So, here's the same plan that we've submitted to all of you. It's just showing the the awkward wedge shaped uh
lot with the location of the paddle court. the the corner that we are attempting to get a variance for is going to be the top left corner of the paddle court closest to the rear property line. Here's the the plan that was submitted
to the city. It's been approved by all disciplines. It complies with Florida building code. Um it's only been denied by planning pending the determination of this board for the variance. Here
are some pictures of the paddle court. So you guys can see it is an open air open to the sky paddle court. Um there is very mature landscaping all around it to block any view to any neighbors or any other adjacent properties. The rear
of the property is the the waterway and there is also some hedges back there to block the view as well. Here you can see that hedge. And this is the rear the rear view of the of the paddle court. Side view
from the side of the house between the two homes. And this is the the rear of the property, the waterway. And it should be a picture here showing the hedge that blocks it from the waterway as well. There it is. Okay. Um so in conclusion, we're just
respectfully requesting that you guys um grant us the 6-in variant so that we can go ahead and continue with our building permit, get this legalized, and get this permit closed. >> Okay, that's it. >> Thank you. Um let's go ahead and open up public comment. Anyone here in the chambers or on Zoom?
We have no hands raised on Zoom. >> Okay, we'll go ahead and close the public comment, open it up to questions from the board through the chair. >> Miss Silverman, you have one. >> Yeah, it's the the the variance is the next to the water, right? >> Correct. Yep.
>> It's and it's it's just for the corner of the paddle board that >> six >> questions. So the the paddle court was constructed >> pre trying to get the permit. >> Yes, sir.
>> And that was because there there was a thought that a permit wasn't needed or just >> I'm not quite sure why it was built without the permit. Um I do know that there was a permit applied for and it was denied by planning. Everyone else has approved and reviewed it. It does meet and comply with Florida building code and it's just like like Rio said,
it's just that corner coming in about 6 in. >> Okay. Thanks. Okay. Qu additional questions. Um I do what what year was was it built? The property was bought in 2018 or September. When when was when was this
constructed? >> If I'm not mistaken, I believe it was constructed last year. >> Okay. >> The building permit was applied for in April. >> So my my question is it's a pretty significant structure. >> Okay. >> Um that was done. Um I mean we you know we've had after the fact variances in
the past. Um, but when I reviewed this one, it just kind of seems like this is this is one of the I mean, I've been on the up here for six years and this is like the biggest one I've seen that is is, you know, a lot a lot of times after variances for someone adding some additional square footage, something that's really you can't really see it.
>> But to construct a structure of this magnitude, not knowing or not thinking, I guess is my question, that they would have to pull a permit to do it. I I just wanted to get some feedback as to what what were the owner's thoughts when they
when they did this. Um because it's it it it's big. And listen, it's only 6 in, don't get me wrong, okay? I mean, and it looks good and all that, but what what did they not know or they just thought maybe they were going to get away with it? I mean, I I I just need to ask that question. You get clarification.
>> I don't believe it's that they thought they were going to get away with it. I do believe it was just a fact of not knowing. Um and I I do agree with you. It is a a significant structure. However, it is something that all of the most of the homes on North Bay Road have are awarded
the opportunity to have this because of their normal lot shapes. Because of this wedgelike shape, we can't move. The court couldn't have gone anywhere else. Closer to the home, closer to the side. It had to go where it was. And there was a recent um ZBA that was approved by
this board in January. I have the number. It should have been in that slide, but it's not. um January 8th meeting there was a one that was the setback was reduced from 30 ft to 10 ft to allow for a paddle court as well. Um just trying to establish that there is a a precedent
and a and a history of things like like this nature that have passed. >> Yeah. I have two more questions. Um is this an owner occupied property >> or is it a second home? Is it a second home primary? I don't think it's homesteaded, right? >> It's a second home. >> It's a second home. Okay. Um and the other question is I didn't see any letters of support from any of the
neighbors. Did was did it did you reach out to get any letter of support from any of the neighbors? We always ask that when we don't see it because especially something of this significance that stands out. You know, I always ask that question when I don't see letter support in the file. >> The owner did reach out to the neighbors. He owns the house next door
as well on one of on one of the sides and he did he says he got support from them but I just as him there are many neighbors that are second homes or they don't live there full-time and it's been tough trying to catch them to have to sign a letter. He did reach out and verbally spoke to them.
>> Okay. Um, any other questions? Maybe I pique some additional interest. Mr. Naggler, go ahead. >> Yeah. So, the these 6 in I mean this is this is a the corner that's closest to the water, right? >> Correct. >> So, it's the concrete. >> It's Yeah. It's it's a little piece of
concrete that it goes up maybe a foot off the ground. >> Mhm. >> And in theory, and I'm not suggesting this happen. I'm I'm probably going to be in favor of this, but they could like cut off that. I mean I don't think it's structure and it's like a little corner thing that when we talk about the grandeur of this I don't know if it's
paddle or pedal but whatever um of this thing the structure has nothing to do with variance the variance is really for this this thing that's 6 in like this in a foot off the ground and and and you could cut that off and they need no variance and you still have the quart
there. I I believe the variance is for the wall itself, the the concrete trim around it, the the supporting concrete. We wouldn't need a variance for that. That would that that's just on the ground that doesn't exceed the maximum yard elevation. We would consider that part of the yard. Um it's it's for the
portion that is that is raised, the glass the glass wall that that's raised up. >> Okay. So it's so it's is it 6 in in from where? From where that wall starts. >> Correct. >> I see. Okay. So that's different then. >> So it's a step back bearing. So it should be 6 in closer to the house.
>> Correct. >> So I mean you're talking about the wall. I don't think that's relevant. It's it's it's a setback. It's >> it's 6 in away from the seaw wall. >> It's it's this black post. Okay. I thought I'm I'm sorry. I thought the 6 in was from the concrete corner from the black.
>> It's a setback. It's not. >> So that post >> that doesn't come into play. That doesn't come into play with the variance. If you read the variance, it's strictly set back. >> Right. Right. And it's from that black post is the 6 in. >> Yeah. >> Got it. Thank you for the clarification. >> Any any other any other questions? M. Go
ahead. >> Do we know who constructed this court? >> At this time, I do not have the contractor's name. No. >> Okay. Because it would seem to me just sort of to your point in the opposite direction that um the person who constructed it should
have known they needed a permit. Absolutely. And >> didn't advise their client to get a permit. That seems to me to be, I don't know, unethical, some reason that their license should be looked at or they should be fined in some way. And I don't know if we can,
>> you know, I'll pick you back on that. I that's a that's a great point. Um, you know, this is a real tough one. I mean, I'm going to support it, but I got to tell you, and that's why I I I I am, and thank you for bringing that up. That's a really good point. you know, who whoever constructed that, you know, the city should really take note of that contractor
>> and put a little put a little thing up there to know to double check anything that that person brings in >> because um it you know, it would have been approved. It's not it's not a big deal. 6 in is not a big deal, but you know, the contractor tried to get away with it. >> Okay. >> Um and they got caught. So, um that's a
good point. Thank you, Miss Oman. I I'll I'll share that with the uh building official that um that the board of adjustment granted the or is considering granting a variance, but they had concerns over over the work that this contractor did after the fact. >> Good point. >> And since then, this point has also brought up been brought up to the owner
and he's been educated to let them know that >> anything as minor as it may seem is going to require a building permit from the city prior to any work being done. >> I I I'll be honest with you, I I don't want to keep going. It's common sense in any city, let alone the city of Miami Beach, to build something of that magnitude and think that you don't have
to go to the city and talk to them about it. It's, you know, so again, I'm going to support it, but this one was a tough one to me. Understood. So, any other questions? >> Just how did it come up that you need a permit now versus >> I'm absolutely not quite sure. They just
gave me a call and they asked >> a question for staff, I guess. Um, had do you know >> I assume there was a violation. Um, >> I'm sorry. I How did it come up? Did it come up in plan? Something got had to get caught is the question. >> Came up in plan review. Um, it was reviewed by Arena Viega since she's the one who called.
>> Right. But the reason you went to go in for the after the fact permit was because I assume that you got a violation from code enforcement that there was illegal construction. >> Um, I'm not sure if that was as a result of somebody phoned in or or something. >> Do we do we know what that violation
was? Cuz it kind of now it's kind of peing a little bit interest cuz what was that violation? I mean, if the would the board want to know that or >> kind of like >> Yeah. You want to go? >> No. Yeah. Now I do. >> Hit your hit your microphone. Go ahead.
>> I'll I'll look it up. I'll I'll >> Okay. >> Okay. But you want to give your miss go ahead on the record or No, you're good. Okay. >> You want me to look that up before you all we do a motion or is that going to impact anyone's vote or you want me to open it up for a motion?
Okay. Silence is going then. Okay. Any motions on the floor then? >> Okay. Okay. We got a move to approve from Mr. Nagler. Do I hear a second? Okay. Second by Mr. Silvers. All in favor? I >> I >> opposed. Okay. The motion passed. Okay.
You finally got lucky on this one. Okay. Thank you for coming in. Thank you. Okay. >> Nothing's working. >> Okay. Let's go to our third item. It's going to be ZBA25-01885940 North Bay Road. Alejandra, >> this application,
>> this application had been filed requesting variances from the understory requirements to allow portion of the understory to be filled and include air conditioned space, allow solid walls, and remove and to remove understory edge requirements for the construction of a
new two-story single family home to replace an existing home. >> Okay, so this is uh an application for for a few variances. Um, this is a uh a 2.28 acre lot in the RS2 district. So,
it's a very large lot. Has a width of 207 ft and a depth of 421 ft. Um um the applicant is proposing a home with a unit size of 42.8% so it's below the maximum unit size of 50%. So, this results in a 42,583
ft home. Um, the applicant is proposing for a two-story home with an understory which allows them to construct at 31 ft. Um, and the applicant is proposing a lot coverage of 29.7% which is below the maximum of 30%. Um, the the applicant is
proposing um an understory that includes a few variances. So, the the understory homes uh previously had to go to the design review board always. The city commission recently authorized them to be approved administratively. Um so as long as they don't need any waiverss from the design review board
they can now seek variances from the board of adjustment. So previously um this board would have never seen understory homes but now uh because of this new amendment to the city code and to the land development regulations understory homes can come to the board of adjustment. So the applicant is
seeking a few variances. Um the understory regulations um are intended to uh create a space underneath the home um that is pvious that allows for water to drain to water to flow um create additional open spaces
for for the homeowner to be able to enjoy. Um so the applicant is seeking a few variances of some of those requirements that are required for understory homes. Uh the first one is that they want to include um enclosed recreational space in the understory. The code allows you to have recreational
areas in the understory, but they're supposed to be open air. The applicant um um due to their own uh personal desires wishes to have some of those areas enclosed. Um because they're so far below their unit size, they could have these enclosed areas in the upper
levels, but that would add to the massing and the volume of the home. Um and so it it actually minimizes the impacts um on surrounding properties if these are in the understory area um and enclosed. So that's the first variance. The second one is to allow for the full
enclosure and air conditioning of portions of the understory home that are used for storage and recreational space. Um so those uh the understory regulations allow you to have um storage that is that is um um not airond conditioned. It does count in towards
the maximum unit size. they are requesting a variance to allow them to be air conditioned. They have in some cases some mechanical equipment that needs to be um kept under air conditioning given the scale of the home or they're seeking to store things that they would rather um um have air
conditioned um so that it's better maintained given the waterfront location and salt water salt air intrusion to prevent corrosion and and other issues. Um the next requirement this is from section these these two var these three variances that I'm mentioning are all
from section 7223 B6A of the resiliency code. So this is all under one unified regulation. The next one part of that's part of that regulation is a requirement um that the understory area be fully uh open with
the exception of breakaway walls. Um so breakaway walls are architectural elements that in the case of a flood if they if they um get removed from the structure they don't impact the structural the stability of the home or the structure of the home. Um the code
requires that it be open that each side of the understory be open 50%. The applicant is proposing to enclose um um the rear and the front and the portions of the side of the understory area that will uh exceed 50% uh coverage. So the
understory will essentially um appear to be will appear like a basement though it won't actually be a basement because the the l the ground will slope up and cover uh portions of the understory. Um given the scale of the lot, um the size of the
lot, the sloping of the ground, the location along the waterfront, uh and the and the possibility for storm surges, um the applicant does have a practical difficulty and staff is supportive of the granting of these variances so that they better enclose and protect that understory area. Um the
next under the next two variances I'm going to describe are related to section 7223B6H of the resiliency code. And so these are related to a segment second uh understory regulation. The first is that certain architectural and structural elements within the understory to
encroach within the required 5-ft setback from the edge of the first habitable floor. So the understory regulations require that there be essentially a landscape perimeter of 5 ft around the edge of the understory. Um given that the ground will be sloping and going into the understory, they
won't be able to comply with that requirement. the 5T that's required to be open and landscape will be covered um by ground. So, it will still be green space. It will still be able to be used um in in most cases for um its intended purpose, which is to allow for water to
drain. Um but it will not uh be at the understory level. It'll be a little bit higher up. Um and so these these are all related. If if one variance is not granted, none of these none of these work. They're all interconnected. Um the second is deviation from the
on-site water capture and landscaping requirements um along the front and side understory edges. And again they're they're they're related there. Um um the understory these areas will be covered by ground. So they won't be able to comply uh with these with these
requirements. And in some cases that the the enclosed um um the enclosed storage and recreational areas um will also be encroaching into this area. So they won't be able to comply with those. Um so given the the the location of the
site, location along the waterfront, um um the size of the lot, uh some of these regulations are just not practical. Um and and really limits the the architectural uh creativity that the that the architect um has put into the
home. Um so staff is supportive of the granting of the variances um subject to the conditions in the attached draft order. Some of these are hard to visualize. So the the applicant's presentation will will do a better job than I can um speaking to you. So I'll I'll turn it over. >> Okay. Um before I do that, are there any
disclosures on the dis? >> Okay. The only thing I will disclose is u my father Bart Goldberg and my stepmom Sandy Goldberg live on 5969 which is um across the street in one house to the north. Um and and there is we were just given a package and they they were
showing support. Um, I have not had any conversations with the applicants at all. Um, I just wanted to disclose that it was up to my dad to do what he wanted to do. So, I just want to put that on the record. Okay. With that being said, um, Mr. Amster, I guess you're going to present as the attorney and Mr. Ming is
the architect. Um, I know this is you need a little more time, so why don't we start with 15 minutes. If you need more, by all means, this is I know it's an important project, so please let me know if you need more time. Um, floor is yours. Thank you. >> Good morning. I appreciate that. Matt Amster with the law of Burkal Fernandez Larkin and Tapenz offices at 200 South
Biscane Boulevard in Miami. Here today representing 5940 NBR owner LLC. Uh from ownership we have Todd Glazer and Jared Pausner here. Um Rob Moing is our architect from Domo. Um Chris Collie is also here, our landscape architect and
uh um been helped by our partner at the firm, Michael Larkin and Rob Alvarez. Um, as mentioned, uh, we did have a handout. Uh, we've done extensive outreach to all the neighbors across the street, north and south of the property. And, uh, many of them have given a
letter of support. Those are in our packets here, but others have, uh, also generously said, uh, verbally to our team that they have no issue and support uh, our requests. Um, Roelio, you did a great job. This is a
somewhat complicated uh endeavor because the code has very extensive understory regulations. In fact, there's if you parse them out like we're doing here, there's about 27 of them. So, it's extremely rigorous uh that in order to comply. But I want to make sure that
everyone's, you know, keeping in mind why does the code have all of these regulation, right? There's a purpose behind it. Um understories are an area underneath your home to allow for again you know flow of water. We do have that plenty but another point of uh the
understory is to make sure that the home does not appear to be three stories tall and that's where the openness and um other design requirements are put in there. you will see that uh Rob's wonderful design with sloping up the for
to the home itself at the front and and again the majority of the front is really only one story and we even have a partial understory. We are not utilizing the whole area under the home and the code is a little bit of a um a challenge
to meet those requirements because it's as if you're doing a full understory. Well, we are only doing a partial understory and as Raelio mentioned, even some of those parts that are enclosed, that counts against our unit size. So, we are doing 42.8%
unit size. But we are actually counting areas in an understory that no one will see uh because of the way that the beautiful the contours of this property as it slopes up to sort of a one-story from the front and then gets to a more rear area of two stories at the back. uh
we have tremendous side setbacks and rear setbacks to not be uh any um impingement on our neighbors. So I just want you to keep in mind that the the code has um many of these requirements they really are geared to a full understory uh that does not have this
wonderful design of low scale at the front and uh still meeting all of our storm water drainage. Another aspect that you'll see is extensive green roofs uh that also assist in the collective comprehensive storm water management system for the property. And we have a
presentation if you can bring that up and I'll turn it over to Rob. >> Good morning. Thank you. I appreciate your time this morning. Uh my name is Robert Morin, principal of Domo Architecture and Design. Um joining us virtually is my partner, Francisco Yato. Our office is located at 420 Lincoln
Road, Sweet 506. So, the property is located on the northern end of North Bay Road, uh, facing the waterfront, generally to the northwest direction. It is a large lot, 99,54 square ft. Um, pretty much all the
waterfront lots in that size are oversized large lots. In designing the the property, uh, we look to nature and how does this shape the place, the beautiful place that we live in. um how does the sea carve the
land? How does groundwater and uh surface water gently erode the rock beneath us? And how does the landscape permeate throughout that? By doing so, then we endeavor to create a warm and welcoming home embedded within a garden. Um one that it visually
recedes into yet is structured by that landscape. This is a view from the rear of the property. um showing the softly tapered roof lines uh landscape at each level providing softness and draping over the edges
and then the softly rounded forms and natural materials of the actual walls of the property. So inciting the home on the property as Matt mentioned um it is a two-story home but the twotory massing of the house is towards
the rear towards the waterfront. Um the front of the property is mainly one story. Um the front is set back 50 feet uh sorry 75 ft 6 and 12 in. That is 55
ft more than what is the minimum requirement for the one-story front setback. And then the second floor of the home is set back 227 ft from the front property line. Um, so we have this home that's been stretched out into
pavilions with this large sloping green roof above unifying it in a garden landscape. Um, to the side, you know, in the middle is a courtyard. There's a courtyard garden for the arrival. Uh, to the rear is a waterfront pool. And then we have access from that mortar court
down into the sideyard to the understory. And this is a view of that space there. You can see the steps up to the up uh first floor level to the right and then access to the motor court, sorry, to the understory um parking below.
So, let's look at the understory real quickly. Um as mentioned, the parking area is generally open on both sides. It's a dry vial with parking on either side. And then we have fill towards the front and rear of that understory portion of the of the home. Um this is
to allow for those um elements that are within it. We have water features, we have swimming pools that all cut into that depth. Uh you would not be able to do an open understory beneath those areas. You would not have anywhere near the required headroom to do so. And also allows for planting of large trees and
landscape within those areas. So in addition to the parking, we have open air parking. We have an enclosed garage for a few vehicles to keep them out of the salt air. Um the code does allow for building access to be enclosed and under
AC. That's for elevators, uh stairs and the lobbies associated with them. And then the rest is understood on the upper side of the drawing here. Um that's called the north side. It's on an angle. Um and those are placed beneath the p uh
pavilions above beneath the guest house and beneath the wellness pavilion. And we're enclosing those for storage as mentioned. We prepared a quick diagram to explain the transitions because I know there's a lot going on with this house and how to access it. So, when you come off of
North Bay Road in the main driveway, it slopes up gently to the access the main first habitable floor of the home. It's for ease of transition. You want to be able to pull up to your front door. Um, we'll talk more about that later when I get to that floor. Um, but you peel off to the left, it goes down to the
sideyard and access to the understory, circulates through, then back out along the north side uh along a drive aisle there. So again, this field on either side allows for for the program uses there, the pools, the terracing and landscape. And then off the paddle court
in the front um of the wellness pavilion, we have the fill there to support the paddle court above and have sorry access from that um gym pavilion directly out. So we prepared a quick a few quick variance diagrams. This shows in red uh
because of that fill we need to have structural retain walls instead of breakaway walls that would be required per the parameters of that section of the code. Obviously, you can't have wave action come through and knock off the walls and then, you know, there's nothing supporting that earth behind it. Um, we also have structural elements,
some of columns to support the home above. Um, the area highlighted in blue is beneath the wellness pavilion. It's just going to be a lap pool. It's kind of envisioned to be a grotto-l like space. Um and then in beige our storage rooms and the owner's garage uh that we are
asking for to be under AC in order to um you know prevent mildew and and corrosion from the salt air. >> So ju just to clarify a few things. The blue pool area that's the single recreational use area that we're looking
to have enclosed. Right. You can have that in the understory area. It's just the nature of this is to um have that be as an appropriate protected area. And where we've located it, again, this is this entire all the the gray area that
you're seeing in the center and right side of this drawing is really the majority of the first floor only of the home above. So again, the understory is meant to try to prevent a three-story appearance. And so that is where we are um keeping that scale and massing down
for a vast majority of the property. Um some of the uh garage area is allowed to be enclosed. Uh the code does have a uh amount of square footage to allow for enclosed garage uh and storage. And
where you are above that square footage as I mentioned then these brown areas are we have to count them towards our unit size even though they don't add to the massing above but that's excite precisely what we're really trying to prevent as Velia was also mentioning
that we are well below not even 43% uh of unit size and the home above is actually lower than that because we're counting areas down here that are enclosed because that's how the zoning rules work, but it helps to keep the massing of the home much smaller up
above. So, just keeping that in mind. And then as we go through the next one, you know, the fill itself uh can be um included into your storm water drainage, right? The water will have to drain down into the ground in many places. Uh just having free flowing water in an
understory level, the water still has to go somewhere and you're required to keep 100% of it on your property. So even though flow of uh water can go through and we if we could keep the presentation up we're going to keep going in a minute. Um
that water still needs to have you know drainage and percolation down into the ground and so the fill areas will help to be again a comprehensive plan to do that. So, uh, as if it's a essentially, that's what I'm saying. It's a partial sort of we're like doing a hybrid where
the front half of the home is really more of a home that would be built mostly without an understory. It has to meet a storm water requirements. We are benefiting from having that in our part of our design. And so, it's the garage area that is sort of the traditional uh
understory requirement. It is under the two-story portion. It is open as it needs to be. and >> and and pools are a allowed use in an understory. We've done it at two homes, one at 220 San Marino and one at 8:30 West Toledo. Um in addition as
precedence in um 2016, we went before the board of adjustment for a home located at 10112 Starland Drive. At the time, understory regulations were not in the code. Um but we received approval for a home that had
a 54c car garage. Um, I don't want to call it a basement, but it was built at grade and then covered with earth similar to this. Um, and then that home was relocated to lots four, five, and six star island drive as an understory home in 2022. Received
approval from the design review board for the same variances for the 50% open on the sides as well as the 5- foot understory edge setback. And then again, yesterday we received unanimous approval for the modification to that same application.
This diagram shows the 5- foot understory edge setback. Um the beige color indicates the um enclosed space of the floor above. And then by code, you need to have a 5-ft set back within that to allow for opportunities for additional landscaping and uh storm
water management. by by contrast. So that required area we did a quick study in green is 4,9 31 square ft. Um note that we are providing a lot of previous area on the property. Our front and rear yards are
well above the requirement for previous area. And then we're providing over 30,000 square feet of green roof on this project which is not normally you don't see in homes. Um this green roof will you know help with um absorption of water and also percolation if it's a
really heavy storm event. Um so it really it's over six times the requirement that would be provided by that 5ft understory edge. >> Right. So those green roofs are providing o well over 30% lot coverage. So they're significant coverage of the
the footprint of the lot. they just happen to be uh elevated but can be incorporated through uh a comprehensive storm water system. >> So let's look at the first floor of the home. In designing the home, we broke up in pavilions. The intent of this was to
reduce the massing on the property. Um so we have as you come in up the driveway, you arrive in a motor court. There's an open breezeway to the waterfront so that if you're entertaining, people can access the rear yard without having to go through your home. Um, the main home is on the
northwest corner. And then we have a separate pavilion for entertainment to the bottom left. And then the other pavilions are a two-bedroom guest house in the northern side in the middle. And then a gym pavilion on the norththeast
side, the upper right corner. Um, and then a small staff pavilion and mechanical pavilion on the bottom right corner. Purpose of this is to allow for, you know, passive cooling, prevailing breezes to flow through the house. You don't have a long expansive wall to the
sideyards into the neighboring properties is broken up into these smaller pavilions. Um, then to understand the circulation, you arrive up from the main driveway at this first habitable floor of the home. Gives you ease of access to the front door
through that garden just to the north of it. Um, as well as to the guest pavilion and to the gym. And then from the home to the rear yard, you you can step out of your house to the pool level and down to the waterfront. Rear yards are allowed by code to be up the level of base flood plus five to which is
essentially the level of the of the house. >> Mr. Chair, we're we're about at our end of our time. May we please >> 10 10 more minutes or >> five minutes? Probably. >> Yeah, let's we'll do 10 and then we'll get there if you need more. We'll give >> Thank you very much. >> Thank you. >> Thank you.
So this is a view from that mortar court arrival, the freeway passage to the waterfront, the main entrance to the home to the right. Looking to the right to the guest house. There'll be a garden here largely planted. And then the second floor of the home
contains the private living spaces, the bedrooms, um, and an office. And circulation wise this uh trust you know the garden merges with the architecture sweeping up in this green roof draping the ground floor and in this decadent garden with pathways and um
opportunities for art installations and also access from the home to this garden space. And then the rooftop we have a terrace with a canopy providing shade and a green roof up there as well. So we have this layered landscape with an entire
property on every level. Looking at the elevations, this is from the front from the street inside the front wall. You can see the uh green roof uh sloping up on the left. The passage underneath that green roof to the motor court to drop off. Then on the
right is the paddle court and gym pavilions. Stepping backwards from that to the street. This provides, you know, the really heavy landscape buffer in the front where you won't even see the house. Then stepping forward to that courtyard
looking at the home from the front, the steps down to the sideyard and the one portion of the enclosed understory on the right hand side under the guest structure. Then turning around looking back towards the entryway, you have the gym and the
staff pavilion. And then looking at the sides, the top um elevation is the complete elevation. Then I blow it up on two slides to show you enlargement. Um the understory is really only visible in the one portion where the garage entrances. At the rear,
we have terrace landscape stepping down to the waterfront. Um and then as you move towards the front, you have the the steps going up the mortar court and then the garden roof line comes down. So from the street, it really appears as a one-story house with a two-story well
back from the street and frankly wouldn't be visible with the landscape. And then on the other side, the same thing. The front beneath the gym pavilion, we do have an access to that um a grotto pool below. And then at the rear, you know, steps down to the um
from the rear yard to the sideyard. And then you have the access to the garage. And then from the waterfront, the understory is not even visible. It's all just terrace landscape up to the home. That concludes our presentation. Um, if you have any questions, happy to take
them on landscape architecture as well. Okay. Thank you so much. Let's go ahead and open up for public comment. Is there anyone here in the chambers or on Zoom? >> If you're on Zoom, please raise your hand. Nobody on Zoom. >> Okay. I'm going to go ahead and open up to the board uh for questions. I know.
Um, thank you for, you know, for the explanation. It's, you know, a little bit of a, you know, different different for us. I don't know which one was better, this one or the one on Star Island, right? But, um, so I'm going to open it up to any questions from the from the board through the chair, >> Miss Overman.
>> Did you The one question I have is if because it's an understory house, does that mean it could be higher like heightwise overall? >> Yes. The code um authorizes an extra three feet for understory homes. >> Okay. Okay. So, it's it's 3 ft. No, >> I'm probably quick. I don't think I I didn't close public comment. I opened it
and I didn't close it. So, public comment closed. >> Did I? >> I thought you >> got to find follow protocol. You know, I only have three more months left. I'm done in December. I'm termed out. Sorry. >> You'll have it right in time. >> You guys have missed me. Um questions. Mr. Silvers,
>> excuse me. A question. Uh can you look at the roof plan of the main house? Could you bring the plans back up, please? >> I'd like to know that the stair that goes up there. Um, is that a enclosed
stair? >> No, by code is not allowed to be enclosed at the rooftop level. So, at the second floor below, there'll be a door you open up and you step out. There'll be a drain in the floor. >> So, but it's completely covered. >> It's under the canopy. That's >> right. There's a canopy over. Yes.
Right. That's right. But but it's no um glass volume encloses that stair on the upper level. >> Okay. >> It's open air open to the to the air. >> Okay. >> That's what I wanted to see. Otherwise, it looks like a very well
planned out design. And uh it's tough to get that large of a a house that's with a flat roof, but uh you seem to at least put some articulation on the roof. You don't show
a rendering from like above so you can't really tell. >> Yeah, it's a big roof. >> It's going to be all garden basically. So that's Yeah, >> it's too bad you didn't do that. M >> I would have liked to see more articulation up there.
>> That's all. >> You were easy. You were easy on them. Other questions? >> Um beautiful, beautiful development. Um I'm just trying to understand. It's really cool, you know. So in the unders under story, you've got 26 parking
spots, right? Um and then the fourc car garage is separate. kind of how do you get I'm trying if you can put that slide back up. I just I just want to I'm just cur I want to know how does it work like if you're coming in off North Bay Road and you want to take a car and get into those parking spots. I just want to kind of see the flow. Can you whichever
picture you feel is the right one that will I just want to better understand how do you get the cars down there? Um >> so if you look at the the beige yellow that arrows that indicates the circulation. So you come off of North Bay Road either through the main entrance or through the service drive on
the northern end circulate to the left because the main one goes up goes down to the sideyard and then through the understory and back out the other side. So it's completely open that parking area on the on the sideyards the north and south side >> and and there's going to be partial air
conditioning down there. That's I know that's one of the variances in the garage. That's that's one of the >> Yeah, it's allowed for uh we're requesting it for the garage and it's permitted by code for the lobby that goes for the elevator and stair. >> Okay. >> Keep in mind there's going to be a lot of service vehicles and landscape
vehicles that service these properties. So, we're trying to keep them off the street and onto the property, but also hiden it so it's not parked all over the yard. >> Great. >> Great. >> The owners got has a fourc car garage that's enclosed within the
>> garage. Because because it's an open air parking area, we need to provide >> temperature controlled and stuff like that >> for the really nice cars to be protected. >> Mr. Nagler, >> yeah, this is for the applicant or representatives. Please explain the
interplay between these variance requests and the Miami Beach Rising Above campaign. >> Well, understories um are meant to exactly do that, right? to bring in resiliency into um single family home
design. Uh and they do that on a variety of different ways. The parking area we were just looking at is a is a perfect example of that where you have open flow of water through that lower area uh because and it's it's not a you know an area that uh it is an area that can
accommodate that water flow um to help with any storm surge especially for waterfront properties. Um the uh other part of uh these variances are again for storm water collection and management.
Um there are areas that can be uh utilized not just for the free flow of water but where you have you know a need for percolation into the ground and as I mentioned before the uh the lower areas at the front that do not have um actual
uh understory areas right where that's now just the free flow of water those are now areas that can help with the collection of water again to maintain water every property owner has to keep all storm water that falls falls on their property, you know, contained within their own property. So, this is
how this property can uh achieve that uh even with a few deviations uh based on again the unique design that we've presented before you. >> You can build a home up to base flood plus five with no understory. So, raised
for resiliency. Um so, this is really a hybrid between that and an understory home. How does the water get into that large collection space underneath with the solid walls? >> Well, surface drainage from above from
the garden because there's no >> hardcape. It's earth earth bill, >> right? We have very significant side setbacks that'll help collect the water. So, it's that that itself is will be designed to not have to go fully into that area. What we're talking about is
that also water is falling you know rain water that will be able to be collected at multiple levels right throughout the entire project. This this actually has you know uh it's uh almost 70% of this if you just look at it from the top down almost 70% of the property is green open
pvious space right able to collect water that's uh much more significant than you know most homes have by far right if we were maxing out um you know you could have 50% of this lot if it was a complete one-story you know home and so
we're you can have up to 70 70% % open space. Um, but you have, you know, other recreational areas. Many of those are covered in this with green roofs. So, that's where we help to offset essentially the intent of the storm water drainage provisions through the
understory regulations are now exceeded by the design uh and additional open space areas. >> And all water is retained on site. Nothing goes out onto the street. You're not allowed that by code. Any any other questions?
>> I just say that it's very impressive project and congrats. >> Thank you. >> So if there's no other questions, um, as Mr. Madden explained earlier, you know, I was debating whether or not to do these variances separately. Um, but I I don't think that makes sense because they all kind of fall in line with each
other. Um, if we if one if I did that way, if one didn't pass, it could really muddy up the project. So, um, I'm fine if if the board concurs. You know, if anyone wants to put a motion out there, I don't think we should separate them. I think the approval should be for all as stated and as staff recommended. If
anybody would want to put that motion on the floor, I'll entertain that. >> I'd move to approve all variance. >> Moved by Mr. Davis. Do I hear a second? >> Okay. Second by Miss Merlly. All in favor? >> I opposed. >> Opposed. >> Okay. We have one nay. The motion
passes. Congratulations and good luck with the project. Thank you so much. >> Thank you very much. [Applause] >> Okay. Um so, uh our next meeting is October 17th. Uh we do have four items.
Um we don't have an appeal. The appeals just keep moving forward. Um so, four items. So, you know, should should be an hour and a half or so. Uh two hours. Uh Mr. Madden, anything else that we should mention or Mr. State attorney? >> What's date? >> October 17th.
October 17th. >> Thank you. Okay. >> Just going back to the um prior hearing on the North Bay Road property with the Pedell Court that was built uh the 6 in uh the reason that it came to the planning department or to the building department.
>> Guys, guys, these >> there was a complaint that was lodged um against the property uh for constructing the Fidel Court over an existing swimming pool. So the first violation was issued for access because the property owner was not permitting uh
access to the property and that was BA2400499. As a result of obtaining access, the building department was able to verify that no permits were used to fill in the swimming pool as well as construct the new structure. So that uh was given
BVC24001321 and it was issued on March 13, 2024 to the property owner. >> I think I said it before not to rehash. It just it it behooves me that a contractor thinks he can go into the city of Miami Beach and a and a property like that and construct something and think and think you can get away with
it. And again, I I don't know, you know, again, I think the board, we all agreed, you know, that that contractor should be flagged on any of his projects to make sure there's additional due diligence. It's it's just it it's wrong. It it's it wasn't a small thing. It was a huge, you know, when I had my agenda review of Mr.
Bannon yesterday, it's the first thing I I brought up. I go, you know, how can a contractor it's do that and not pull the permit? It It's really bad. It's really bad. No. to me, you know, when I deal, you know, we do residential construction lending, so I deal with, you know, that
is like an unscrupulous contractor and he's not doing the right thing for his client because, you know, you can imagine what the client paid to have that structure built. You know, it wasn't cheap. It was probably in the hundreds of thousands of dollars >> and the swimming pool. >> Um, yeah, also demolish. >> It makes no sense because it was six
inches. Why are you going to try and squeak by? It makes absolutely no sense. And you know, I it kind of bothers me that someone would do that to their client because they didn't do the right thing. I mean, obviously the client maybe should have known too on both sides. >> So, unless it was an absentee odor and they just Yeah. Yeah. Anyway,
>> cuz in some of the countries that at least I see violations, most places don't require permits, >> so they just think that they can do it. I mean, I see that on interior remodels of apartments daily in front of the special magistrate. >> It's amazing. Yeah, it's amazing. They
got they got caught more likely than not by a neighbor who all of a sudden realized there wasn't a swimming pool there. >> Yeah. Well, listen, I'm sure hopefully they got the message and the last thing I said when we approved I said they got lucky this time. You know, I didn't know any other way to kind of phrase it. So, um any other comments or good welfare? >> Yeah, just cuz we're talking about this
topic. Um >> so, I'm just seeing two different things. There's the issue of not getting a permit, which I agree and adopt your position 10,000%. But then I think separate apart from that was the actual violation which was 6 in. I just wanted to delineate that I think those are two
separate issues. Um that's all. >> Yeah. And I mean >> to agree with to reiterate what you said I mean the approval was based on the fact that it's dimminitimous right six in right cuz if it was a big variance and they didn't get a permit and then
they did it I'm not sure that we all would have >> the approval of the variance was a no-brainer. You're right. But the fact how we got there and that a permit wasn't wasn't pulled to to to build something of that magnitude just is just is just wrong, you know. I mean, we've done a lot of after the fact variances and they're typically minor stuff, but
this I mean, you guys saw the picture that of that. It's just like it's it's significant. So, anyway, all right. Any any other good welfare guys? Thank you so much. Good meeting. Appreciate all your efforts and motion to adjourn. >> Have a great day. Have a great weekend. >> Thanks, man.
>> Thank you. >> Go back.