One word. Fire. [music] Fire. Oh my [music] god. >> [music] [music] >> I'm a [music]
I'm a [music] remix. [music] Feel well feel well. Please [music] take your seats. The meeting is about to begin. Remember to
speak into the microphone [music] as this meeting is being recorded for public record. Please stand by. We are going on air in 5 4 3 2 1. Good morning everyone and welcome to the February 6 zoning and board of
adjustments meeting. Being this is my first meeting, please uh be patient with me while I get comfortable and trying my best to follow procedure. If I need corrections along the way, please feel free to make note of it. I'm sure Mr. Goldberg uh sitting right next to me
will help me as well. >> My last meeting, my last meeting. Um uh with that, let's get started with attendance. Mr. Madden. Good morning everybody. I'm going to do a roll call. Um U Miss Melli
here. >> Miss Silverman is absent. Mr. Davis is absent. Uh Mr. Goldberg >> here. >> Mr. Krennic >> present. >> Mr. Naggler >> present. >> Mr. Silvers >> here. >> We have five of seven members present.
We do have a quorum. However, I would I would like to let everybody know that um any variances do require a unanimous approval in order to pass today. Thank you, Mr. Madden. We can continue with the Mr. City Attorney. >> Thank you. Good morning. Today's meeting
of the board of adjustment is being conducted in a hybrid format with a quorum of the board physically present in the commission chambers at Miami Beach City Hall and applicants, staff, and members of the public appearing either in person or virtually via Zoom.
Those wishing to participate in today's meeting via Zoom may dial the toll-free number which is 877853-5257 and enter the webinar ID which is 828-6961-5309 pound or log into the Zoom app and enter the webinar ID which again is
8286961-5309. Individuals wishing to speak on an item must click the raise hand icon if they are using the Zoom app or dial star9 if participating by phone. Before I swear on those who are testifying, I'm going to read into the record the city's notice regarding lobbyist registration.
If you are appearing on behalf of a business, a corporation, or another person, including as an architect, attorney, or representative of an applicant or an objector, you need to register as a lobbyist with the city clerk's office before you speak to the board. If you haven't registered yet, you should register prior to appearing.
You do not have to register as a lobbyist if you are speaking only on behalf of yourself and not any other party. You are testifying as an expert witness, providing only scientific, technical, or other specialized information or text testimony in this public meeting. Or you are appearing as
a representative of a neighborhood association without any compensation or reimbursement for your appearance to express support for or opposition to any item. Expert witnesses and representatives of neighborhood associations shall prior to appearing disclose in writing to the city clerk
their name, address, and the principle on whose behalf they are communicating. These rules apply whether you are appearing in favor of or against an item or encouraging or arguing against its passage, defeat, modification, or continuence. I will now swear on everyone who is physically present in
the commission chambers and intends to provide testimony. Virtual speakers will need to be sworn in one by one before addressing the board. So if you will be giving testimony today, please stand and raise your right hand. >> Do you swear or affirm that the testimony you will be giving in this proceeding is the truth, the whole
truth, and nothing but the truth? >> Thank you. >> Um, now we'll do the approval of minutes. Have you all had a chance to review the minutes from last meeting from the January 9th meeting? Anyone need a minute?
>> Motion to approve. Second >> by that are approved. Um, all right. I see we have two requests for continuances. ZBA22
0143125-153 Collins Avenue. >> Yes, we have um this is an appeal of a of a planning director's decision. The applicant has requested that the item be continued to the April 10th, 2026 meeting. there are two opposing parties
and and it seems like they're going to try to work it out um amicably on their own. So they've requested that the item be continued um to the April 10th, 2026 meeting. >> We have a motion. >> Motion to approve.
>> Second. >> Um all those in favor? >> All in favor? >> I >> I >> Any oppose? No. >> Motion pass. >> Um motion passes. Next, uh, ZBA 240161
605 Lincoln Road, unit 800 RF. Okay. This is also, um, an appeal of a planning director's determination related to uh, the rooftop of 605 Lincoln Road. The applicant uh, has indicated they have some court proceedings going on and they've
requested that the item be continued to the May 1st, 2026 meeting. Um, however, I believe there are some uh there may be some people in the audience that have some other concerns. >> Yeah, if you go about state your name and address.
>> See, you gave us a packet. >> Good morning, Madam Chair. Nick Not on behalf of Tanja, Inc. Uh with the law firm build in Sunberg, office look at 1450 Brook Avenue, sweet suite 2300. I'm joined by my colleague Alex Simo. And as uh Raelio explained, um we filed an
appeal of the zoning director's determination. There's been ongoing litigation between my client and the commercial condo association in this case. Um I handed out a trial court order before before we started here today. This case has finally been set
for trial the for a 3-week trial docket window starting March 16th. Um, it's always been our intent to allow the private parties to resolve these issues in private litigation prior to proceeding with this appeal. The city has been on board with that. We've been in communication with them all along the
way. Um, they've been supportive of that approach. We think if the appeal is resolved in in our client's favor, uh, it renders most, if not all of this appeal moot, which is why we want to let this resolve privately prior to proceeding with uh, our our appeal in this case. Given the trial window
starting on March 16th and running for potentially three weeks, we don't know when they'll get called. For the record, I don't represent them in the in the litigation. Um May 1st seems like the right continuence date because I think April 6 will be kind of right on the heels of that. Um and any delay in that
will certainly run across that. I think it's April 6th would be your April meeting. So we're respectly requesting May 1st. We'd like to see if this can be resolved through the private litigation um before having to come back for you and and kind of litigate our our appeal that we filed. >> So,
>> okay. Anyone else? >> Uh good morning. Mickey Morero, a law from Burkoward, Fernandez, Larkin in Tapin South Boulevard. We represent the condominium association that the rooftop owner which Mr. Not represents is one of the condominium unit owners. We
represent the association and I just I understand this this this will be continued today. the packages weren't sent to you. So, the city's not ready. We understand that. But I will just I just want to say that the association is very interested in the result of this. There is litigation that like Mr. Notto I'm not directly involved in, but I have
spoken to our litigation council. There's also an incomplete planning board application related to use rooftop uses. There's a permit that's being processed for different types of uses up there. There's a lot of different things here related to this rooftop and the association is just trying to get
resolution and move on. Uh, this was filed in the summer of 2024. It was first before this board in October of 2024. Has been continued, I believe, four times. I was here in October of 2025 making sort of the same plea. We just want to get this resolved there.
There is ongoing litigation. That trial very well may happen in March. It may get pushed again for all we know. We just from our perspective, it's more the inverse. What happens here could inform that litigation. At least that's what our litigation council has advised me.
So, all I ask is that we, you know, move this. I would prefer April because my client just wants to get this heard resolved. Um, it's been a year and a half and for most board applications here, anything I know the city has a different difference of opinion when it comes to an appeal, but any other application that is filed by you, if
it's not heard within a year, it's null and void by by matter of law. So, we're we're going to go on almost two years continuing this thing and it's not just them, it's it's our client that and all the other unit unit owners in that building that are impacted. So, all that I would ask is that we just if we're going to continue this, let's do it to
the soonest possible date. Um because we keep having to come back and all these owners, we keep having to, you know, ramp up every time and it get continued over and over again. Thank you. >> Questions? >> Questions from the board? >> Yeah. Is this the first trial center?
>> I'm sorry. >> Is is this trial order you just handed out has this been is this the first time this is set for trial? >> I believe so. I believe so. >> Okay. So, >> but don't quote me on I'm I'm I'm not 100% sure. I believe this is the first time it's been set for trial formally.
Um this starting March 16th. Yes. >> Right. Okay. So, it's it's not going to trial then on in March. Unlikely, right? >> I that's not I mean the litigation's been pending. I think there's been motions for summary judgement filed is my understanding. Those have been um
resolved in and in in favor of this still going to to trial. There's still a dispute of fact. So, from what I know, this will be going to trial in March. Um, like I said, I mean, that this preserves the status quo. Um, you know, the the zoning director's determination
is final. The only prejudice I see in in this continuence is to my client, he can't operate the rooftop with entertainment is kind of what this all stems around. It will remain that way. the condo association doesn't have a rooftop owner that's operating the rooftop with any entertainment as long
as this appeal is is stayed and not heard by by you all. So, um I think the only prejudice in granting the extension as this private litigation resolves itself is to our client um not the city, not the condo association. And you know,
I think there's an interest also in not having the city brought into that litigation, which I think may be the only interest of the condo association having this happen before the actual trial takes place. So, we think it's in everyone's favor that we let the private
litigation resolve itself, see how that impacts this. Like I said, if it's resolved in favor of our client, we think that this becomes moot. City doesn't get implicated in that litigation. This appeal doesn't even have to move forward. Um, we think that's the best result for for everybody.
>> Madam Chair, >> um, question for city attorney. I just want to verify something Mr. Morero said because I it's come up on a couple of our meetings. How often and how long can someone continuence is is that a fact what Mr. Murio said that after a year a continuence can't go beyond I just want
to validate that because that's that's an important to me that's an important piece in this puzzle. >> The distinction is whether the application which is an original application like you'll be hearing for a variance or um you know whatever [clears throat] is before you as opposed to an appeal. The appeal follows a
different course. So there's no time limit on the appeal. >> Okay. Thank you. >> It's not an original application. That's the distinction and the big difference here. >> Any other questions? >> If I may, Mr. Chair, just 10 seconds.
Again, I get it. It's going to be continued today. It's not prop. It's not fully before. You don't have the material. So So we understand will be continued. It it may get continued. It may happen in March. My litigation council also told me it could very well happen in March. Can we at least do April? You
know, it another month into May. I think if the the trial if if it happens in March, then I think April 6 is fine. If it doesn't happen in March and it gets continue to July or something, I would say let's just hear it regardless. That that would be what I ask because if we keep waiting on four, five different
other processes to all different if this will be going on for years. This is what's happened in the last two years. So my request would be I I I'm I'm not opposing his continuence today cuz no one's ready for this today. But April would be more appropriate. It gives him
time to have that trial if it happens. And if it doesn't happen, you know, we we we would know that by then. >> I would just add that the trial period is the 3-week period, March 16th. So the April setting falls within the trial period. That's why I think May would be more appropriate.
>> And I'll also just note your May meeting is May 1st. So, we're talking about 20 days. Um, it's not a it's not a drastic difference in time. >> So, motion to continue to the May 1st. >> Second.
>> Hang on. >> I'll second. >> Well, we have two seconds. >> A little bit too ladies. [laughter] >> Call the question. >> The motion was by Mr. Krennic >> and the second who do we who do we give it to? >> Mr. Yeah, I'll defer to Mr. S. [laughter]
>> And then you get we'll give you the third. >> All right. >> All in favor? >> I >> um our April meeting is April 10th. That's correct. >> Um yeah, we have a previously continued
item ZBA250193 2120 Loren Avenue. This application has been filed requesting a variance to reduce the front yard setback for a proposed two-story home on a vacant lot. Okay. This is uh an application that came
before the board last month on January 9th. Um the um at that time staff had concerns um that given the design of the proposed home um the home was sort of accessory to the to the uh paddle court that is being proposed for the rear
yard. Um so and then the board brought up u concerns that they didn't have usable outdoor space um other than the the paddle cord. Um so with that staff has met with the applicant. The applicant has proposed some design
revisions um that staff uh feels much more comfortable with that give the home the appearance of being more significant of a more significant structure on the side. It provides usable outdoor space. Um, so the applicant has done that by incorporating a trellis structure on the
side facing a street. The trellis structure is incorporated into the design of the home. So it's it extends from the home itself um giving the home a more substantial appearance on the lot um and and then addresses the the the board's concern that was brought up of
uh of creating some additional outdoor space that can be enjoyed enjoyed by uh whoever is staying in the home. Um so with the changes that the applicant has proposed um staff recommends approval of the application. Um the applicant has also uh proposed some modified
conditions um to to provide some additional safeguards [clears throat] for the neighbors um and ensure that the trles is actually constructed. Um so with those uh proposed changes and those conditions, staff recommends that the application be approved subject to the conditions in the attached order. And
I'll turn it over to the applicant. Uh any disclosures before Mr. Luring begins? >> I received an email uh from council. I did not respond to the email. >> Great. Thank you. >> It's same from the original hearing. >> Sorry. Okay.
>> All right. Um PJ, can you pull up the presentation? >> Great. So, good morning, Madam Chair. Board members Michael Larkin, 200 South Biscane Boulevard. Here representing the applicant. With me this morning is Richard Tester and his wife Kirsten, Elizabeth Star and Paul Gibson from String Architecture, Matt Ams, my
partner, my colleague Mark Raro. So your instruction at the last hearing was to go sit with staff, discuss their concerns with the application and see if we could have a meeting of the minds. Staff was very accommodating with us. We did that on January 15th and January 21st. We sat down with them. We traded
design ideas and thankfully we've come to a resolution. They have accepted the revised design as addressing their concerns and that's why we're back here before you today with a positive staff recommendation. Next slide. So the home was designed by String Architecture, a
firm we worked with for many years. They're a community firm. They're grounder in our community. In fact, they actually sponsored a film festival last weekend when the temperature was plunging into the upper 30s. It was a good film festival. unfortunately was outside of the Kampong, which is a 9
acre botanical garden in South Grove. I lasted until 9:00 p.m. Then I had to say, "Elizabeth, peace out. It's too cold for me. I was freezing, so I had to get back home to Miami Beach." Next slide. So, as we discussed in the last hearing, the property is a narrow lot about 60 ft
in width, which is a common lot measurement for those lots in the interior of the Sunset Islands. It is unusual in a corner lot and that has a rounded corner at the northeast corner of the lot. Next slide. In 2019, the property was purchased by
the prior owner who quickly demolished the home realizing he could make more money renting out the lot to construction companies and he did for a period of 6 years. He illegally rented out the lot was used as a construction staging area. the dumping, smelly portaotties, stored equipment, and
unpermitted parking for about 15 to 30 vehicles on a daily basis. Next slide. Enough was enough. Uh Richard and Kirstston decided back in 2025 that they would go ahead and put an end to this nuisance. They purchased the property
for $3.8 $8 million and right away began cleaning up the property, taking care of all the notice of violation, paying off the fines, and you see today as a result, a nice well-maintained vacant lot. If there was a best neighbor award awarded by the residents of Sun Island 3
and 4, they would certainly get it. I'm good to my neighbors. I pick up the Amazon pack when they're out of town. I send them packages for Rashana, which they appreciate, little goodies. Uh, but I've never thought to spend almost $4 million to make my neighbors happy. But thankfully, the testers are able to do
so. Next slide. Since the acquisition of the lot, the testers went out to their neighbors. They discussed with them again and again what would be a good use for the lot and again went into detail with the proposed plans. Um, that has resulted in securing 13 letters of
support from the surrounding neighbors, especially Mr. Kadori and his family to the south and Mr. Naylor to the west. So this is a prodigious effort and has resulted in uniform neighbor support within the Sunset Island 4 and three. And the neighbors are absolutely pleased
that it'll no longer be a vacant lot that it'll have a beautiful home with an adjacent pedel court. Next slide. Although staff was originally concerned over the perceived inversion of the accessory versus primary use, they now agree that this outdoor pedel court is
purely an entirely accessory use. Again, when Richard and [clears throat] his wife purchased the property, they immediately thought, what would be the use? What's the best use? So, of course, the best use is for family. And they both have their parents surviving in England. And both sets of in-laws come
and visit uh the testers for months and months at a time, sometimes the entirety of the summer. So, for literally over half the year, the home is occupied by family. And as Liz will explain, the revised plans addressed both staff and the board's concern regarding the size
and use of the home. When we got down to it with staff, staff was just wondering how will the home be used? And we conveyed to them enough times that yes, it will be used by the testers family again and again. That was that pleased staff. Um design adjustments have been
made with regard to the revised floor plans. There's ability to accommodate two bedrooms on the upper floor. And Mr. Mr. Silvers had mentioned, well, we need more recreational open space. So, that's where the trellis idea. Thank you, Mr. Silvers, for that. It is now like a outdoor living room. Mr. Silvers asked
us to consider a roof deck. We explore that option. Elizabeth will explain why that's really not an option here. And this home was also designed to support a future addition. At some point, even though our client, Mr. tester is a superstar athlete. At some point, even his knees will give out and there'll be
a opportunity to demolish a bedell court and do an attached edition, which is a very common thing in Miami Beach. So, with that, I'd like to turn it over to Elizabeth. She's going to walk you through her design. Thank you. Good morning, board. Elizabeth Star from String Design
located at 2900 Southwest 28th Terrace in Coconut Grove. Um, thank you for your feedback last month at the hearing. We've um taken all of your comments and uh redesigned to address them. This uh slide shows the first floor which um
includes the open plan layout of the single family home. It also depicts the required setbacks for both the court and the home. An example of what the court would be uh like at completion.
and the second floor plan addressing two very generous uh bedroom suites for the use of Mr. and Mrs. Tester's parents. In addition, in this slide, you see the um added covered outdoor trellis area,
which is approximately 500 square ft. And so this was our solution to providing a very a comfortable outdoor living space, not only to view the game of Padell, but also just to enjoy being outdoors um you know and in a shaded
area, not only with the trellis structure, but also with the lush landscaping that we are proposing along the um sideyards. a site plan depicting the uh landscape plan that we are working on. Um it does
include very mature trees. We have trees that are about 10 to 18 ft in height um and cascade down to create a uh pleasant landscape area not only for the home users but also for the neighborhood as this is um you know a corner lot that is
viewed by the the neighborhood. In addition, this site plan is showing the roof plan uh designed as a slope roof. And I have another slide where I will show you our exploration of a a roof deck area that was not feasible.
Here is the lot in context with the neighborhood. It is important to mention again that the setbacks uh being asked for the variance is in context with various homes in the in these inner lots.
Here are some similar sites uh for comparison. And here we are showing the square footage of the court and the square footage of the home. Um the primary use of this design is the single family
residence home. Again, in comparison, some other properties that have been approved in Miami Beach, um whose designs do include a larger court than the actual footprint of the single family residence. Um in our case, we're at a smaller proportion
due to lot size, but this is a good example of other projects that have been approved. This slide depicts our exploration of the roof deck area. Uh you know in many of our designs when possible we do include a roof deck area for um the
homeowner. However, given the requirements of the setbacks per code, we are meeting in this diagram the 10-ft setbacks from all exterior walls, which leaves us with very small roof deck area for use. Um, as you can see, this area
would not be practical for a roof deck and instead of this consideration, we opted to provide a much more generous outdoor covered area on the ground floor. Um, we also found it that it would be uh more comfortable for the homeowners to just come out on the
ground level versus having to take an elevator or add an additional stair up to this roof. [snorts] And as Mr. Larkin mentioned, the property could uh change over years after the use of the court. there is a
possibility for either the current homeowner or a future homeowner to easily add square footage um that would still work within the parameters of the required setbacks. Um here we are showing an added uh thousand square ft
first floor addition that would not impact what is currently designed um in a in a large way and there would still be some left over area for pool and garden section through the site showing that we are meeting the 20ft front setback for
the first floor level and this diagram depicts the um variance that we are asking approval for which is the 20 foot setback on the second level. >> Okay. >> Can I add another 3 minutes? Is that enough? >> Yeah.
>> Thank you. >> Here are the renderings um to show you there might be uh revised images in your packet. Um this was the rendering showing the added trellis on the ground floor. But since this uh rendering was completed, we did work very closely with
staff to actually add a covered portion that connects back to the home. Um adding additional volume to the project. And this is a view of um you know sitting under this area enjoying the game and also just you know
having ample space for outdoor dining or outdoor activities. A view from the second floor. And this is the new image that you have in your packet which shows the added solid structure over the trellis that
does of connect back to the home. Therefore adding the additional volume that was recommended um [clears throat] during the last hearing. and similar view of the side yard. Um, showing again the lush landscaping that
we are proposing not only for privacy of the homeowner but also um, you know, for the beauty of the neighborhood and looking down from the second level here with a solid portion over the trellis.
back from the court to the house and an aerial [clears throat] view. Here we are not showing the mature trees just so that you can really take in the design. Uh but in reality there would be you know a really beautiful landscape buffer on this side street
and that would be the view from the corner. >> Thank you very much. >> Great. Thank you Elizabeth. Uh madam chair I'd like to invite Mr. Tester up to offer a little bit of testimony to you all. >> Thanks. Is three minutes enough? >> Thank you >> Mr. Tester.
>> Good morning everyone. >> Good morning. >> Uh hope you're all staying warm on this uh frigid morning. Uh so you'll remember I'm Richard Tester. I'm here with my wife uh Kirsty Tester. Also we have a neighbor with us, Michael, who is also a member of the the board of the HOA on
Sunset 3 and four. Um so I I won't restate all the the points that have just been made. I think from my point of view, I'd just like to remind everyone that this has been a highly highly collaborative process. We've been very collaborative with the neighbors right from the outset, highly collaborative
with the city. And I'd like to thank the the city staff for the guidance they've given us through this process. And hopefully you see that we attempted to the best of our ability to listen to your feedback from uh from a month ago and really take that on board with the uh with the design here. I I I would
also like to remind everyone that this really is a challenged lot. The setbacks because of the nature of the corner lot, it really is a challenged lot. This is one of the reasons that the lot was sat there empty for five or six years. No, no one was going to buy that lot because of the setbacks. Um, and of course
that's that's part of the reason that we're asking for the uh for the variance today. So really hope that that can be taken into account in terms of usage of the um of the of the lot. Again, the house is going to get the vast vast majority of of the use. I mean I I think
I calculated in terms of the paddle court over the course of a year we may use it like 1% of the time over the course of a year versus the house which is going to obviously people are going to spend much much more time in. So we we think that's relevant that the houses
on the interior of um of Sunset 3. You know we showed three examples there of houses that are 1,800 square feet. today this this isn't wildly out of keeping with the with the interior lots and I think the setback is consistent with that. Uh and I guess finally I'd like to
um reiterate the point Mr. Goldberg made at the last meeting that we we genuinely believe this project just makes sense. I think it makes sense for the street. It makes sense for us. Uh it makes sense for the island, the community. Uh and we really hope that you can be supportive of it uh today. Thank you for hearing
us. >> Thank you. Um, I'm going to open to public comment if anyone >> Oh, Michael's >> here. Hi. Long time no see. >> Yes.
>> Hi, I'm Michael Jurer. I live at uh 1550 West 21st. It's about one house over uh from the lot. Uh I spoke briefly by Zoom at the last meeting. Uh and just want to verify
a lot of the statements made by the attorney uh that the lot has been a nuisance for many years uh with construction parking. Uh a lot of times the larger haul haul off dumpsters were
uh put on the lot because they couldn't fit on construction sites. So, there's been trash. Uh construction workers hanging out after work having a beer in the lot. Uh so, it's it's really refreshing to myself and my wife uh as
well as all our neighbors to see a project like this. uh you know, every time you see a house go down, you get kind of worried that it's going to be uh an overbuilt, low-budget type project that that somebody's going to just try
to make some money on and and may not be the nicest thing uh for the neighborhood. So when uh when Richard shared his plans uh with us and and our neighbors around us, uh the consensus was relief uh that we're going to
actually have something that's that's interesting, that's not too big for the lot. Uh and and really just something that's going to be attractive. Uh obviously he's got a top-notch architect doing it and uh and the general
consensus in the neighborhood is is positive and and everybody wants it. So I just wanted to verify that from the neighborhood side. >> Thank you. Um not sure if anyone else is here to speak in the chambers or on
Zoom. Anyone's on Zoom? >> There are no hands raised on Zoom. [snorts] >> That's it, Madam Chair. >> They're done. >> Yeah. All done. >> Okay. Um, questions to the board. >> If if you you could if you could formally close the public hearing. Yeah.
>> Sorry. Close to public hearing and now I'd like to hear from the board. Any questions from the board? >> No one. >> Um, a comment. Beautiful. Wow. I mean, I was ready to approve it last last month, but really love it. Can't wait to see
it. And this is my last meeting, so I can come see it when it's time. Um, thank you again for the time again and your your personal effort in coming in means a lot. Um, it doesn't happen a lot when we have a homeowner come in, bring a neighbor. Um, letters of support are always important. So, um, and I agree to
everything you said, Mr. Tester, that this is really going to help the neighborhood and that's why there's no one that has come and everyone's been noticed to contest this. um you've invested a significant amount of money um in your own home across the street um and in this lot and what
you've done. Really, you know, um we thank you for believing in Miami Beach and the investment you've made. Thank you. >> Question for the city there. You're not aware of any opposition to this? >> No, we haven't received any opposition letters >> or emails.
something I think. >> All right. I [snorts] I think there was a mention in the beginning that there's some revised terms for the order. What are those? >> Like what's changed as far as the the terms? >> They've they've added a condition
requiring the um that the proposed trellis uh be act actually be constructed. Um they've revised the time. So, they require the paddle court shall not be used between the hours of 8:00 p.m. and 8:00 a.m. 7 days a week. Um, additionally, all light fixtures
associated with the paddle court shall be turned off between 8:00 p.m. and 8:00 a.m. Um, unless uh unless further restricted by and then staff is is recommending that we add unless further restricted by city code, in which case the more restrictive regulation shall apply. Um they've added
that the paddle court lighting shall be designed in a manner similar to those installed at the Indian Creek Country Club as depicted in the photographs attached um as exhibit A. Um actually we forgot to we didn't include those in the draft order. we will add those to the draft order. But that's um those are
lighting fixtures that basically run against the edge of the um of the of the of the wall structure >> rather than being on a pole separate pole structure that aims down at the court. So that's less impactful on the neighbors. The lights are are are lower
on the structure so it doesn't impact neighbors and there's less light spillage. Um they've added that noise attenuation panels shall be secured to the wall or fence to enhance the sound barrier between the properties in a manner to be reviewed and approved by staff. Um the applicant shall construct
a perimeter wall or fence measuring 7 ft tall along the rear and side interior lot lines of the applicant's property measured from grade in a manner to be reviewed and approved from by staff. Um, the paddle court surface shall be constructed with regulation paddle turf on top of a concrete base or other noise
attenuating material to provide for sound mitigation when the court is in use in a manner to be reviewed and approved by staff. Um, the applicant shall approve acoustical barriers along the paddle court walls or use noise dampening tempered glass for all of the paddle court's glass surfaces in a manner to be reviewed and approved by
staff. Um, so those are the conditions. Some of them are similar to the paddle court that was approved last month. So, they're they're intended to minimize impacts on neighbors um so that the court only gets used during daytime hours, light doesn't spill, sound is contained, um and actually ensure that
the that the that the home be constructed in a way that provides for additional usable space in the backyard. >> That sounds really good. What What's the story with the lights have to be off between 8:00 p.m. and 8 a.m.? Isn't that the only time you would ever need lights? >> Um I guess this time of year it gets dark at 5, so you'd have a good 3 hours
of of using the lights. >> Cool. Um, in the summer, yeah, maybe you'd only need them for about an hour or so. >> I got you. All right. Thank you so much. >> You're welcome. >> Um, any other questions? I just want to say I think that the applicant's effort in the design and to put your
presentation was great and I your intent seems to be completely aligned with the neighborhood and everyone's on board. So, >> Madam Chair, can I make a recommendation because we do have a short um board and that we need five votes. Um, can I recommend that we do a straw straw poll
before you open it up to any motions? So, that's appropriate, Mr. Madden. Am I? >> Yep. >> Okay. So, I present this to just call this vote. Is that >> Yeah, >> you can point or everybody can.
>> Are there any are there any order? >> Any are there any naysay? >> Is anyone inclined not to? >> No. Okay. >> So, a motion motion to approve with the added condition regarding the lighting. >> I'll second it. >> Anyone >> oppose? No.
>> All in favor. >> I motion pass. >> Thank you. >> Congratulations. >> Congratulations. >> Thank you. >> We appreciate it. Have a good day. mentioned my name three times. >> Um, we have one new applicant, ZBA250192
Stillwater Drive. This application has been has been filed requesting a variance of the side interior yard setback to legalize the support structure of a fabric awning on an existing home. Okay. So, this is um this is a new home.
It was built in 2024. Uh the applicant um had submitted plans and obtained a building permit to construct um this awning structure. Um at the time that it was approved, um it was unclear where the support columns would be. staff when
it was approved believed that the support columns would be um up against the home within the required setback and that the that the um awning structure would be cantalievered and encroaching into the setback. The code does allow for awnings to to encroach into setbacks
up to 3 ft from the property line. Um so the so the so the building permit was issued subsequently. Um the per the awning structure was constructed. Um the awning structure encroached into the setback um by no fault of the applicant
um due to an error in the construction and manufacturing of the of the structure itself further into the setback than was originally approved in the building permit. Um additionally it was determined that the columns were on the outside supporting the structure um and therefore those those support
structures are encroaching into the setback. [snorts] Um once the once the the inspectors went out to the site, they realized that that the that the structure did not comply with the plans as originally approved and it was determined that the applicant uh therefore needed an after- the-act
variance. U requiring the applicant to tear down the structure, build a new one, um would be a significant uh hardship on the applicant. Um the awning structure if it were constructed in a slightly different different fashion would be in compliance with the code. Um
and therefore uh staff does recommend that this variance be approved uh subject to the conditions in the attached draft order. Um the um sta staff has not found any negative issues. We haven't received any any opposition letters. Um we we don't
think that there's any negative impacts on the neighbors um because of this structure. So staff has no no concerns in that regard. So with that, staff recommends that it be approved. Detroit. >> Um, any disclosures before
we get to present? Um, hi. I think we rode the elevator together. >> I'm sorry. >> I said I think we rode the elevator together. >> Right. >> Good morning. It >> was a great ride. >> Please state your name and address. >> My name is Lloyd Warman. W A R M. I'm
the owner of 1120 Stillwater Drive. And uh, good morning board. Thank you for uh hearing my uh appeal to leave the structure as built. And uh we have a few
slides that we can zip through. I've not given a presentation for probably 20 years in my mid60s. Uh so let's see here. >> Give us one moment as the presentation is going to be loaded up.
How do I get this thing to uh >> It's not loaded yet. >> It'll load it in a moment. >> You have to wait. >> Yeah. Yeah. >> Just They're working on it. >> You have to wait that they're working on it. They'll they'll put it on the screen.
>> You can come and operate. on the screen and then you're able to control that here. >> Right. >> The other guy had an operator. So, I have a question while we're waiting for the uh screen the shades. U
is the 10 minutes say that I have 10 minutes to present. Is that the idea? Okay. >> Yeah. We we stopped the clock so that it doesn't run while we uh address the technical issues. >> Peter wasn't responding at all there.
Sorry about that. [clears throat] You know what I could do to uh save some time? I could skip to the end and tell you why I built this house in the first place. It's a it's a prototype home that uh
and I designed to suit people that wanted to age in place in a safe and comfortable manner. And as such there are some very very unique aspects to the home. So we that was one goal. The other
goal was to make it uh very uh respectful of the environment i.e. green. And I've been pushing on that for many years. In fact, my grandson is in the third uh year at UC Berkeley
studying environmental science. So it's not a new concept. So are we ready to go? >> Yeah. >> So in this first slide, it just shows the letters of support that we have from the neighbors. The subject property is
shown in red. Uh we did uh put one letter of support as a sample in the next slide, but there were eight letters of support. I believe the board has five of them. Three more came in after the uh deadline.
The sample is uh from the only neighbor that can see this shade structure and that is Mark and Dee Wythornne. Uh Dee as you probably know was a commissioner
uh a few years ago. Next slide. The uh three posts in question are shown here. And uh the goal was to be able to
have an awning that went over the pool and as well provided shade for uh all the glass windows, Florida to ceiling glass windows on the bottom floor. The uh that's okay. You can go to the next
one. This was uh what was approved by the planning department. And the uh corner, it's hard to see from here, but is 5.1 five uh feet one inch from the property
line. And that was approved. Uh here's a little better slide of what has happened. So the the 5 foot one is shown there is the approved setback. uh we wound up at 4 foot uh 2 in
uh with the uh the posts in place and that mistake was uh a little bit of everybody's fault. Um, but the general contractor, much to everybody's sadness,
right at this time, in fact, I remember November 8th of last year, was killed by a a bus in Miami Beach as he got out of his car. So, he was instantly killed and that left the whole project floating.
So, we went on as best we could and uh the next slide shows what we've submitted as an asbuilt and we would just ask that we be allowed to
leave it as built. Uh nobody has ever complained it. the home adds to the value of uh all of the neighbors because of the way it's constructed. And I would hope had hoped and continue to hope that
it'll set an example for uh cities and other builders, architects, engineers on how to build for people that want to age in place and build green at the same time. Next slide.
uh to tear it down we would have to uh take the support structure which was fabricated using NC machine so it's very very precise and very strong and field retrofit uh five of the horizontal
members and that's a little bit risky in terms of the strength of the structure especially with the winds that come up this is built on the water um the footings would of the three posts would have to be moved and that's a real
struggle because the lot has been raised three feet uh and the seaw wall three feet. So we have retaining walls down both sides. So we're three feet higher than the adjoining properties. And then there's a
90 ft uh French drain on each side uh to make sure water doesn't go over to anybody's property. Another 30ft French drain on the front of the property, but with all of the spacing. Um, then beside
the pool there are all of the uh plumbing pipes for fountains that come up out of the uh coping along the pool as well as uh all of the uh
wiring through the all the conduits are there. So, we really don't have any room to move the footing without tearing out all of the plumbing, all of the conduits, and starting over from
scratch. Uh, so it's uh would be a heck of a big problem. And then if if there are any questions, happy to answer them. What I would like to say is a few words about why I built
the house. I started with that. Um the idea of building the home is as I said to to build something that is
built for aging and place and that has many aspects to it. The home is ADA convenient. That is, there is no grades, even with the raised land, there are no grades greater than one and 12. So, my goal was
someone in a wheelchair from the front sidewalk could get up into the house and then exit through the back door and since we're going to put in, and you'll be seeing a permit request for that, a floating dock, you have to get down from
the seaw wall onto the floating dock. And that's all been engineered, no problem. Um the the other goal is that uh the entire home will be under voice control and not voice control that
uses things like Siri or Alexa. We did our own voice recognition. Uh my background is I had a software company for 19 years in Silicon Valley. Um, and that way it's when we looked at the
population that would use this as an example, uh, gosh, many of them not only don't know how to run a computer, they don't even know how to run their cell phone. So, voice control was mandatory and I didn't want to have to rely on u
the, the internet to do the voice recognition. So we developed our own um which should make it much much easier for uh someone to uh age in place at a
an older age. Um, then as crazy as it may sound, uh, I want to have a, uh, a robot or two or three in the home to help with the, uh, monitoring
and direction of someone that's maybe in a wheelchair or just needs extra help. So, we have two robots right now. One of them is it's very simple, just a it's a thing that runs around the pool and does some extra skimming. And the other one
is really very interesting. I bought it four or five years ago and uh it is uh useful for you can tell it where to go. It can follow people. It can plug in itself. Has high resolution cameras on
it. But that's kind of where it ends. But it's four or five years old. So, what we're doing is we're taking the high-res images from the cameras and through the Wi-Fi in the home, sending them to a huge computer that we have
that runs the home, and it'll do image recognition. So, people that have to take their meds, uh, the robot will follow them. It'll watch them take the meds and the image recognition will determine if they're taking the right
meds at the right time and so on. In fact, that's going to grow to uh watching people eat and determine if they're eating the right food and so on. Um, what else do we have here? Oh, yes,
the biggie. This is going to take another four or five man years of software development because I would really really like to be able to predict the early onset of dementia which is just a terrible
terrible thing. The early onset of some forms of heart disease and some other ailments. And to that end, wearing a just an Apple watch uh and tapping into what Apple has spent many many millions
of dollars on their health app and looking for trends. uh we will be able to uh give the inhabitants uh individually uh tests for mental acuity for physical
capability and it's something that I'm fairly used to. I was the VP of engineering the mid70s at Atari and uh we were working on that kind of thing in those days. Um
so that's kind of it. Um the oh on the green side you know being uh green one has to look for uh a little bit of a defense against the rising sea levels.
So you know we uh have to adapt to that and I think we've done a reasonably good job of that. We raised the land three feet. So that'll get us till the end of the century. Um, the garage just as a an amusing thing is
structured to withstand 200 mph winds and uh all of the equipment used for uh the uh water uh clean cleaning and for the battery storage is all in the second floor of
the garage and then is brought to the home through uh hermetically sealed conduits and pipes. So it'll the home will withstand 12 to 14 foot tidal wave and still be
operational on the second floor. Um by adapting uh we've made the home so that it really does uh perform well when it comes to minimizing energy
>> to creating. We have uh four sources of water and >> just ahead of time. I don't know if you need to wrap up or >> I'm up. Okay. >> Okay. Thank you. Appreciate it. Um and open to public comment. I don't know if anyone's here in the chambers or on Zoom. I don't see anyone here.
>> No one [clears throat] is on Zoom. >> Um okay, I'll close the public comment. Any questions from the board? Yeah, I guess my question is uh was it the floating dock or was there what caused this to come to light that that it was that you had a few things out of variance?
>> I'm I'm sorry. What was >> what caused this to come to light that that you were that there was a few items out of variance? Was it applying for the permit for the floating floating dock or was there something else that >> Oh, no. I'm just saying with regard to the floating dock, uh we will be making
a permit request for No. >> But why are you here now? like what um what made you realize that this wasn't in compliance? >> Oh, that it happened as part of the final inspection. >> We haven't we haven't submitted the plans. >> Okay. So, this is just work that was done.
>> It's just I'm just recently show you the future. >> Yep. It was it was permitted. Um it was built differently than what the permit approved. Um and so uh that's why they needed the after the fact variance.
Yeah, we haven't started building the >> It has nothing to do with the dock. >> Okay. >> Yeah. >> Yeah. No, no, I understand now. So, so it's really the the contractor that that kind of messed up to some degree. Okay. >> Anything else? >> Um, it was built in 2024. It was recent.
It was recently built the house, right? 2024. >> So, it's funny. You bought the house from Estelle Ryder. I so the old house I was there I was there a lot growing up >> as a kid cuz I was friends with Estelle and Sam's kids >> uh Lauren and Aubrey and all that. So um
you know and I I financed a few homes on Still Water you know and it's really tough. You probably found this out, you know, because they're they're very narrow lots. >> So, you really have to try and maximize. You don't have a lot of wiggle room >> on there because we did a couple construction on lunch with someone bought a house, knocked it down and and
built it and it was it was tight. But, um, you know, it's a great area. Um, you know, the whole that whole street, as you know, is changing and will continue to change. >> People will continue to, you know, buy the the older houses, knock them down, and and construct. So, um, you know, um, it's great that you did it. Sounds like
a really cool home. Um, you know, wish we could do a field trip to go kind of see all that stuff, but thank you for the thank you for the information and thank you for coming in and presenting yourself. We we appreciate you doing that. >> Thank you. Thank you. >> Just for city, I mean, does the city and we may have spoken about this before,
but do they have any >> anything that they could do against the contractors? I mean it just seems like theoretically contractors could could potentially do something and then if it's you know then it's like well we don't want to hold home homeowners but >> it seems like almost a loophole in some
some extent you know to to make small variances you know >> the the building department does have enforcement mechanisms that they they do use um when these are consistent. I think in this case we have a a sad situation where the contractor passed away unfortunately. So, um, but but yes,
the city does have um the building department specifically does have mechanisms uh for contractors that make mistakes such as that. >> It's also over at the county county board. If you have a complaint against the contractor, you would go there, but that wouldn't solve the problem with
some of the the issues that were raised as far as the relocation of those pump up. >> Yeah. And I'm not suggesting that, but I'm saying like it almost seems like on purpose a contract or even even the applicant, not in this case, but they could just say, "Okay, we really want a little bit more, but let's get this permit and then we're just going to do
it on our own and then we're going to blame the contractor." If there's no fall back against the contractor, which you're saying there can be, you know, then it it's almost like a planning idea. I'm not suggesting it to anyone listening, but >> um there
>> Yeah, I'm just a little confused. it. These three posts seem necessary for this this can't leave this thing to stay up. >> Mhm. >> So, it doesn't seem I mean, I'm not an architect, but it doesn't sound to me as like a a lay person looking at this that
it's a uh that the contractor just like didn't follow the plans. It seems like the plans might have been the plans didn't have these three posts at all. Although, they had them closer to the house. I mean, >> they did. they they showed the support structures, but the the site plan didn't
actually um state where the posts would be. So, when the planner was looking at them, I I spoke to the to the plan reviewer. He believed that they were up against the house um and closer to the house when he was approving the permit. >> So, the city approved plans that didn't
say where the posts were going to be. >> Yep. >> Is that a problem? >> Yep. Okay. [laughter] All right. Um that being said, um it was still constructed differently than the plans because the plans indicated that there would be a five- foot setback and
um and the the structure was built closer to the setback than those original plans. But so yes, I >> I hear you. But the the issue that we're presented with is where the posts are. >> And it seems like the genesis to a degree of that is that they never said where the posts were going to be.
>> Um I I also just need to comment. Um thank you. Um, it's this isn't very impressive. It's very cool thing you're doing concept and um, if there was a robot following me around watching what I was eating, I would be in a lot of trouble. Um, so I'm just I'm going to keep my distance, but I congratulations
on the on the project. >> Anyone else? Mr. Silver, is there anything? No. >> All right. Well, >> all right. Well, I'll close. >> Um, >> you have a motion. >> Motion to approve. >> Second. Motion passes. No. All
>> in favor? >> All in favor? I >> I >> oppose. No. >> Motion passes. >> Passes. Sorry. >> Congratulations. >> Thank you. You made my day. [laughter] >> We want to see the robots. >> Everybody's welcome to come and visit.
>> It's a magical place. >> And And if you come visit the house, you'll see Ly kept the original door of that house, the old house. >> Oh, really? Wow. >> Yeah. is actually displayed as a an art piece in inside the home. >> That's interesting because the whole house has to be impacted. That front door is probably not an impact door. So,
we kept the original door. >> We kept the original door cuz it was a very artistic door. Um it had it was kind of seethrough with this like Chinese inspired um like art in the actual door. It was wood. >> Do do you know the writers cuz they cuz
Lauren still lives there. The two two of the the kids live on Still Water still. >> Yesterday they got >> they still live there. Two two of the kids still live. They they they bought houses on Still Water. They've lived there. >> I met his son yesterday because we keep getting mail. So, we're going to send the mail down the street. >> There you go. >> Yeah. But I believe they had passed
away. That's why they sold a house or Yeah. One of them passed away. >> They did. >> But the uh when you open this door now or soon when we finish the art piece, you open it, you'll see an infinity garden.
>> Nice. Thank you. Have a good Have >> a truth with me. >> All right. What's the next step? >> To previously approved board order. >> Do you have no more modifications? >> Discussion items in progress. >> No discussion items.
>> Future meeting date reminders. March 6th. Do you know what's going to be on the agenda or what? >> Um we have um I believe two applications on the March 6th agenda. Um, we have uh unfortunately, so this is this is Mr. Goldberg's last meeting, so
we'll have two vacancies. So, if you know of anybody interested in joining the board of adjustment, please let them know. >> When's the next commission meeting? >> Um, it's later this month. Um, there's a commission meeting February. Do you know the date of the next commission? February 20ome. >> No, but they did have one yesterday. I'm
not sure if they got to the appointments or not. >> They they did get to the appointments, but nobody had nobody applied uh to be on the board of adjustment. So it's towards the end of February because we have two in the short month. >> Okay. >> Got to do some recruiting. Madam Chair like I did >> 25th. >> Got to do some recruiting like the former chair did.
>> But this is my final final meeting. Final final meeting. [laughter] >> I have been appointed convent center advisory board. If anybody wants to follow me, it's not on TV. I will be on the convent center advisory board. So I'm looking forward to that. I actually chaired that for three years um when I was chairman of the board of the chamber in 2013 and 16. So I'm looking forward
to that. And I have to sit off this board for two years. But let me see what happens after two years. Maybe you'll you'll see me come back. >> Thank you. >> And it's February 5th. Uh 25th, Madam Chair, >> the next commission. >> Yeah.
>> Motion to adjourn. >> Second. Thanks. >> See you. See you next month.