##VIDEO ID:JXh3wVCYHuk## good morning everybody and welcome to the Friday November 1st zoning Board of adjustment meeting um we had expected actually a long meeting today but we had a couple last minute changes so um we should be out of here hopefully in about an hour an hour and a half so um give you some time back uh with that I want to go ahead and turn it over to Mr Madden uh to take attendance all right uh good morning everybody I'm going to go for do a roll call Mr Goldberg here Mr asion here Mr Davis here Mr krck Mr krck is absent Mr nagler present Miss Silverman here Mr Silvers here okay we do have a quorum we have six members present okay great thank you so much uh with that let's turn it over to the City attorney for any updates and if you can go ahead and swear in the public and explain how the public can participate via Zoom via Zoom please sure good morning all um no City attorney Updates this morning so I'm going to proceed uh with welcoming everyone and giving uh folks the zoom information uh today's meeting of the board of adjustment has been scheduled in a hybrid format with a quorum of the board physically present in the commission Chambers located at 1700 Convention Center Drive and applicant staff and members of the public appearing either in person or virtually via the zoom platform in order to participate in today's meeting those wishing to participate via the zoom platform webinar may dial 888 853 5257 which is a tollfree number and enter the webinar ID which is 828 69 61539 or they can log uh log into the Zoom app and enter the webinar ID which again is 828 6961 5309 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 regarding lobbyist registration if you are appearing on behalf of a business or 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 with the board you do not have to register as a lobbyist if you are speaking only on your behalf 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 or opposition to any item expert Witnesses and representatives of neighborhood association shall prior to appearing disclose and writing to the city clerk their name address and the principal on whose behalf 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're appearing in favor of or against an item or encouraging or arguing against its passage defeat modification or continuance uh Mr chair for those that are testifying uh here today I will be swearing them in right now and those on Zoom you'll need to be sworn in individually so all those in Chambers uh that are going to be testifying if you could please stand raise your right hand okay uh do you swear or affirm that the testimony you'll be giving in this proceeding is the truth the whole truth and nothing but the truth I do okay thank you and with that I'll turn it back to you uh Mr chair thank you Mr attorney appreciate that U Mr Madden do we have any discussion items we have no discussion items today okay uh in your package you had the minutes from our last meeting October 11 2024 hopefully you had a chance to review those uh I'll entertain if there's any errors or or any changes that need to be made if not I'll entertain a motion to approve move to approve okay move move by Mr Davis second by Mr asion all in favor I opposed thank you uh next uh we have actually two requests for continuances or withdrawals so uh the first one is going to be zba 24- 0161 605 Lincoln Road Unit 80 Z RF Mr Madden can you please uh tee that up for us yes the um applicant has requested that the item be continued to the February meeting and I believe that is February 7th um they they're not able to make it today they've had some conflicts and uh and are just requesting that the item be continued for that purpose okay the second one is zba 22-01 14431 125-1 153 Collins Avenue Mr Madden okay so this item is is also being uh requested for a continuance the the applicants are here um they're requesting that the item be continued to the January meeting and we wanted to confirm um that that would be the January 8th if everybody was okay with January 8th I did receive some responses that that January 8th looks like a good date for everybody just do a quick poll everybody still good just to confirm January 8th because I know we that's a change of meeting date um it was sent out just polling making sure everybody was good for January 8th of 2025 f with me Mr nagler you looking uh I think I'm too late I just realized an error in the meeting minutes from last time but it's probably too late so but you're good you're good on January 8th yeah I think so I just okay I guess since we already approved the minut minutes it's we can we can have a motion to reconsider if there's an issue I'm just realizing I I voted against on item four and it says 60 but okay doesn't make a difference wait item four so you talking about the minutes yeah okay so you found an error on the minutes it's okay we can go back we can go back and we open it no there's an error needs to be corrected so you want to I'll I I can make that correction if yeah so we'll just modify the minutes we'll be approved we're approved as modified um with with with that thank you for pointing that out Mr nagler appreciate it um do we need I forget do we need to approve uh the continuances or yes the continuances need to voted on let let's I guess we can do can we do them both we can do them both together right or we can it's better because there're separate dates that we do them both okay separately okay so let's I'll entertain a motion uh for the first one on zba 24- 0161 any motions to approve move to approve okay move by Mr Davis second I'll second it okay second by Janet um all in favor I I opposed passes let's go to the second one zva 22- 0143 any motions to approve move to approve okay is that Mr yes Mr Davis second I'll second it but it doesn't rhyme with move to approve second by Mr nagler uh all in favor I opposed motion passes thank you we look forward to um seeing those next year uh continuing we have three new one two three new applications first one we're going to entertain is going to be zva 24- 0167 5821 p Pine Tree Drive Mr Madden yes okay so this is um uh related to 5821 Pine Tree Drive this is an application has been filed requesting variances from the minimum required sum of sidey yard setbacks and the minimum required interior sidey yards in order to construct two accessory structures to an existing architecturally significant home um on July 16th 2024 the planning director determined that this was an architecturally significant home was built in 1935 um if if everybody's uh familiar or not I can describe what what architecturally significant um entails yeah can you please can you please do that we spoke about that in our agenda review please do okay so um a couple years about two years ago prior to two years ago the city had incentives um and requirements to encourage the preservation of homes that were built prior to 1942 um those regulations required that if you were going to be um demolishing a pre 1942 home you had to go to the design review board um and if you and it had a process to get designated as an architecturally significant home where you would receive incentives that would encourage you to preserve the home the state preempted the city's ability to treat those homes uh differently in terms of De demolition two years ago so the city changed the the the incentive program to one that could be approved administratively so you as a as a homeowner of a pre- 42 home and actually we pre changed it to pr66 home you'd be able to apply to the city to have your home designated which was done in this case as an architecturally significant home it doesn't mean that you can't demolish the home um but it does mean that if you if as that if you do keep and preserve the architecturally significant elements of the home you can take advantage of several incentives uh that the code has that includes relief for setback so you get smaller setbacks you get extra height you get extra lot coverage extra unit size as a as a major incentive to encourage you to retain that pre uh pre-1966 architecturally significant home however those incentives app app to the main structure um so in the case of this application uh they're proposing to build accessory structures basically two detach structures so these incentives do not apply to those detached structures if they were attached to the main home they would not need to be here for a variance those architecturally significant um um incentives would be sufficient to apply um to comply with the setback requirements for these two structures so let me get to the specifics of this of this application they're proposing two accessory structures one is a guest house in the rear yard um and then another one um is is in a side yard parallel to the front yard of the home and that's going to be for a summer kitchen outdoor kitchen and and a bar area for for the uh for the residents to be able to enjoy their backyard um so they need three variances the first one is a variance of the minimum required side yard setback currently that would be required to be 15 feet and that's for the two-story guest house in the rear they want that structure to be parallel to the existing home so they're requesting that they um uh receive a setback of 8' 8 inches on the Northern side of the property um So currently the code requires 10% of the lot width or 10 feet so in this case 10% of lot width would be 15 ft so they're they're requesting a variance um um for that purpose staff um is okay with that because it is a practical difficulty it's encourages and incentivizes the preservation of an architecturally significant home so staff is supportive of that the other two variances are related to the second architecture the second structure that they're adding um closer to the front yard um and so again they currently have a 45t setback for the main structure So within that 45t setback they want to build this other accessory structure that I described um with the summer kitchen um the code again would require 15t side setback um they're requesting that that be reduced to 10 ft um and staff is is uh finds that that is a practical difficulty because um if if it were attached to the main home so essentially if you had a continuous wall they would be able to build that structure without a problem um and then the sum of sidey yard setbacks is for the same purpose um um they the code requires that they have 25% of the of the of the lot be for the sum of sidey yards so if you add the set back on the North and the South sides of the property um it would have to be um 37t 8 in uh they're requesting that that be reduced to 18 ft 8 in um same reason staff is not opposed to that so with that staff recommends that the three variances be approved subject to the conditions in the attached draft order okay before we hand it over uh for the presentation any disclosures on the Das okay seeing none U Miss Balter are you going to be presenting you're Miss bther yes um okay 10 minutes good yes let's go and set the timer please thank you floor is yours thank you good morning Emily Balter bur cell Fernandez Lin and tapenz offices at 200 South biscane Boulevard I'm here today on behalf of Jason and Renee Greenberg owners of the subject property I'm with our project architect Jerry gabovich and our general counsel Judy Scott ten Stein um as well as my colleague Peter Shoemaker who just passed out our letters of support I'm sorry uh if we could call up our presentation thank you so much um this is the front facade of the home the property location it's a double lot fronting Pine Tree Drive and it has a water Frontage on Indian Creek it's a midblock lot as roio mentioned we're here today uh requesting setback variances uh specifically because these accessory structures are not attached to the main home we've provided some relief of the massing uh we're before you today the applicants goal is to add a guest house and a separate kitchen within the existing expansive side and your rear yards uh and preserving the existing architecturally significant home to the greatest extent uh we'll show you today that keeping these structures detached is a better design it minimizes the overall massing and it preserves the water Frontage the focus of today's application is m is mainly the rear yard so we're including photos of what exists today as you can see it is a beautiful room yard with a beautiful um water Frontage that we would like to keep to the greatest extent and not block with uh another structure by attaching it the home is designated architecturally significant uh it was constructed in 1935 the uh determination for architecturally significance uh explains that the building remains characteristics of The Eclectic style and its variation it's a recognizable example of Med Mediterranean Revival style uh and the aerial photos included in the determination report showed that the massing of the home remains nearly intact on the current survey you can see how the home and driveway have not changed the main massing is centrally located between the front and the rear and it is pulled up more towards the north so we have that very large uh souths side setback and here is the proposed site plan where you can see the two-story Guest House towards the north it's in line with the existing North Side setback and the one-story kitchen on the south it's also in line with the front setback we've included uh variance diagrams to show how minimal these VAR varian's requests are here's another uh variance diagram the the variances are Justified um because they meet the standard of the codes for uh hardship and practical difficulties specifically uh maintaining and preserving the architecturally significant home to the greatest extent possible um a strict interpretation of the code uh essentially these accessory structures or additions would be permitted at a 5- foot interior setback if they were just attached to the home but because we're providing that relief and maintaining the views we're we're subject to the main home setbacks if it were not an architecturally significant home which is 15 ft um these are the minimum variances needed for this double wide lot uh we're matching the existing North setback we're maintaining the front setbacks and we're keeping openness of the rear yard um and preserving water views if these structures were pulled back all all the way into the rear yard setback and they were accessory structures and not considered part of the main home setbacks they would also not be subject to these strict uh 15 ft regulations uh also the overall home is significantly below lock coverage and unit size we're not trying to max out um the double lot the uh applicants met with the neighbors that would be potentially impacted by this application uh they discussed the design and obtain their support prior to the hearing and we've included those letters of support in the record today so with neighbor and staff support we're respectfully requesting approval of the setback variances I'm available to answer any questions and we reserve time for rebuttal thank you okay thank you um let's go ahead and open up to public comment do we have anybody here in the chamber anybody on Zoom anybody on Zoom please raise your hand um nope nobody okay okay with that we'll go ahead and close the public comment I'll open it up to board members for questions to the chair well not very often we get no questions I guess you you did a really good job presenting Mr no questions you thinking Mr Yan no I don't I first of all what a great deal this purchase of this house in double lot back in 2020 it's a it's a congrats to the to the buyers the new owners it looks great looks great to me okay um we have no comments for the board um I I'll agree with Miss Beautiful home um great great project you know it's it's it's going to be awesome you know we wish the home owners the best so um with that I'll entertain a motion any motion to approve I'll make the motion Pro uh Miss Silverman motion to approve second got to speak up Mr Sil second by Mr Silvers all in favor I opposed congratulations to the greenbergs wish them the best thank you thank you Miss Balter okay so with that we'll go ahead to our second request is zba 24- 01656 Lor Circle Mr Madden okay so this is an application has been filed requesting a variant from the minimum required rear setback in order to construct an accessory building to an existing single family home um so in this case this is an existing home the home um was built in 2013 uh the applicant um is requesting to construct an accessory structure in the rear yard um this would be a cabana structure in order to uh uh improve the use of the rear yard the structure is proposed to be adjacent to the pool and lined up um with the pool in the way that that makes the most logical sense um the applicant is requesting a variance currently the um the variance is for minimum required rear yard setback of 15' 3 in in order to construct that structure with a rear yard setback so the sorry the required yard setback is 15t 3 in and they're requesting uh to be to be constructing that structure with a setback of 12T 8 12 in um the um the the current setback it requires uh 15 % of a lot depth with a minimum of 20 ft or a maximum of 50 ft um so the applicant if they wanted to comply with the rear setback would have to essentially demolish the pool rebuild the pool and construct the pool with uh with a revised setback that would be uh prohibitively expensive to to do that just to to comply with this setback um the so that is a practical difficulty for the applicant in order to be able to maintain their existing structures and fit that set the the structure in the appropriate location the setback is required we looked at the neighboring yards um the neighboring yard um closest to this has an accessory structure with a similar setback the intent of this setback is to preserve views to the sides if you have Waterfront Lots this is a waterfront lot on lagor island um there's there's no view being blocked here because there is a structure on the adjacent lot at this at a similar location um so there's no no negative impact from from the issuance of this variants um so it is a practical difficulty staff is supportive of the proposed OS variance and recommends that the board approve the variance subject to the conditions in the attached draft order okay before we hand it over for presentation any disclosures from the Das okay with that being said uh Mr Smith you going to be presenting the owner of the house thank you thank you so much for coming in 10 minutes good plenty okay ours is very simple so all right floor is yours go ahead thank you Mr man you're welome um Sean Smith the owner of uh six lar Circle this is my wife Stephanie uh architects we have rapael Pando who uh special to for him to come and Carlos eston so I will go quickly but as we uh this is our current home um as you can see um the sorry I could see there right do you want to walk through with us or anything or no do you want to show anything or we get okay all right so the existing pool as you can see we're trying to uh Center um the structure on our current pool we went through and did um a a lot of different revisions uh and it really came down to we would have to destroy our and take down and demo our entire backyard so uh all we're asking for is 2.5 ft and uh that is really all we're asking for at this time to be able to Center this uh structure on our pool and our backyard um so you can see here we have it centered we have here showing where uh it steps up we are not changing anything in terms of the we are now the height is by code 9 ft uh and we are also what's the other we have all the other codes are yeah all the other codes are met so we have it we have to we have it's going to be much higher than our current pool it's higher actually than our home currently because it is now 9 ft instead of 8T um so we have not changed anything all we're asking for is the 2 and 1/2 ft um as you can see here here's another one we actually another thing I'll point out and this is a testament to uh Mr Raphael Pando here but our home when we designed it we wanted to be something that fit the lot it wasn't too much of a home uh that was you know just you know on on you we have a lot of white boxes are being built in the city um that are much more you know out of scale is that correct and uh our home is actually set back and we did it in a way that it you know kind of was welcoming um to the you know to the home and to the neighborhood um this is the structure it has a pool it has a uh bathroom has a little kitchenet uh and again it's for um our use uh at the pool uh this is here it's going to be enclosed air conditioned enclosed air conditioned uh this is actually a uh quick rendering it's showing our pool uh currently as it is um really not making any other changes other than a little bit of some uh Pathways and then we are as you can see it has the doors closed in this image and then this is actually the current state that's our home as it is today um and we felt we needed to something we Des designed a long time ago but are deciding to do it now um so this is it here the side and you could as you can see in these images uh you can see that our uh hedge and our neighbors's hedge is actually over 14 fet um so they will not see the top of uh the roof or anything so uh it does not bother them at all and I think that is it did you have anything to add no we're good um this is actually one of our I think we're one of the homes we're most proud of and and I think that one of the things that we're all trying to do is make it make sure that it's it follows a sort of an aesthetic approach to architecture um we are we this is a house that we did uh 2013 2013 and it actually looks fantastic still so I just wanted to let him know that we're I'm behind him 100% so all okay great thank you uh go ahead and open up the public comment do we have anybody here on the chambers on Zoom Mr Madden if anybody on Zoom please raise your hand nope no hands raised okay I'll go ahead and entertain questions from the board wow this has never happened this has never happened just of I I have to ask one question something came all the way down here let's start with Mr Davis and would come back to you I see it's 14 ft I assume the neighbor I see that would be on their east side of your property they have no comment on it or no actually I received an email from him he was very I sorry I didn't have it up here but he uh so far has been good he just wants to know a timeline that was really his only questions yeah and he actually has a pavilion that would AB but to your Pavilion right yeah and are you keeping the the hedge or do you need to eliminate it for the uh no no the Hedge will remain stay as yeah correct and you have and how much space between the Hedge and the not much the wall it's well it is it's the the side setb is what is it seven what 7t seven and a half s and2 ft so but the Hedge does come off maybe another foot or so so maybe five five and a half because I see that you have two doors am I right here is this two doors no those are windows in the back oh these are windows yeah windows in the back got it sounds good thank you okay good any other question questions that being said I'll entertain any motions move to approve move to approve by Mr Davis second second second I I'm haven't seen him I got your last name second by Mr Silvers I'm sorry just out of curiosity this sink that's here facing the water is that is that for a bar setup or what is that sink for uh which one is the the kitchenette is just it's a no no it's not something that we go outside no I know but I'm just curious to know what is that a it's a kitchen end like we would have actually like for you know when we have parties out there Co sounds good it's going to have a nice window okay thank you okay so we've got a we've got a motion on the floor and we have a second all in favor I I opposed congratulations Mr Smith enjoy it thank you very much thank you so much for coming in and presenting appreci after this was done I was want to say uh Mr Madden and his staff were great to work with and very supportive and very helpful uh I don't think we say that enough about them but they were they were great so see St thank you very much for appr good luck and enjoy your home have a good day home look beautiful weekend thank you so much okay our last item is zba 24- 0166 5473 North Bay Road Mr Madden okay so this is an application has been filed requesting a variance from the minimum required interior side setback for an existing architecturally significant home in order to construct a garage Edition um so this home was uh determined to be architecturally significant by the plan director on June 28th 2024 the home was originally constructed in 1925 um and the applicant currently has um an area where they Park their car in the sidey yard sort of a carport um and they're proposing to enclose that and turn it into a garage um the garage would uh would would be a onecar garage but it they are proposing that there be a stacker so they can have a second car stacked on a second level inside of that garage uh because it's architecturally significant they are allowed to have a 5-ft setback um rather than the typical 7 and 1/2t setback that would would be required otherwise on a lot that's less than 65 ft wide um however in order to fit the garage they do need a few extra feet um so they are requesting that that setback be reduced from 5T to 3 feet on the southern side of the property um staff is not opposed to this and that's really the only place they could have a garage so it is a practical difficulty um it does incentivize the retention of this pre-1920 1966 uh architecturally significant home so staff is supportive uh of the proposed variance and recommends that the board of adjustment approve it subject to the conditions in the attached draft order okay uh thank you do we have any disclosures okay with that being said uh we'll go ahead Mr Maro you're going to be presenting Miss Balter yes set the clock for 10 minutes the floor is yours thank you and uh good morning Mr chair members of the board Mickey morero from brell Fernandez with me is my colleague Emily Balter if would you get the presentation thank you so I'll I have a much longer presentation I think I'm going to try and condense in a little bit a lot of what was said was similar to Emily's hearing from about 10 minutes ago our client came to us hoping to they wanted to preserve the home it's it's it's a beautiful Med Revival home um as you all know when the state rules changed the design review board no longer has control over these architecturally significant homes so anybody can simply demolish them and build new most of our clients frankly are doing that uh the city I think staff gets gets gets excited when we come in with one where they're trying to preserve the home this is the case our our this family wanted to preserve the home they love the style their neighbors were hopeful they would preserve the home uh so as you can see it's located on a relatively narrow lot in a small lot on North Bay Road it is SE just over 7,000 square feet and it's it's a narrow lot which is why we're here they did really need to get the uh the the variance for the garage they they're having constantly environmental issues with the car so they wanted to get the cars in the garage because of the home sighting where it is there's no way to do it the the garage is narrow as it is at just over 10 ft for a garage that's relatively narrow so we did work with staff we went through the entire process of architectural significance then and of course the home was approved it has retained all of its architectural character from 1925 with very limited modifications uh as you can see it it qualifies for for that determination we received that in June here are some of the historic homes of the property was built in 25 but you can see it through aial in 1941 and a picture of the home in 1953 which looks substantially similar to what's there today there's there's the home now so as you can see here's here's the design of the proposed site plan the lot is extremely narrow without a variant we could not do any garage there and the client would have been more inclined to potentially demolish the home which is not what they wanted to do but but we found a good solution and have worked well with staff to get there there you see the car not a lot of space to work with some more elevations and what's and then you can see that it's important because of the limited space you we see stackers in commercial and multi Family Properties quite a bit we rarely see them in single family homes but they are approved uh to go there and we're doing that here to keep both cars en closed because of the limited space with the garage there you can see the extent of the 5 foot and we're asking for a variance of 2 feet because we only can can make it work with three we believe the variance is more than Justified uh the primarily because of the there's all these other reasons uh where we really need the space to make it work to address uh environmental issues with with the cars and the protection we've done it the most efficient ways possible so it really is the the smallest variance we could ask for but I think the biggest condition is the architectural significance of the home uh courts have ruled that preserving a historic home and working with a property of the historic home and in this case architecturally significant is a hardship and and that is what we have in this case most importantly I think um as you know as has been the trend this morning uh we don't haven't had any opposition he met with the neighbor most closely impacted by the setback the neighbor is thrilled that they're keeping the home and they're completely supportive of this variant request they provided a letter uh we provided it to you all and it is in our presentation we provided it to staff it's and and with that I I would conclude um we're excited for the pman family to to keep this home and and get this little project underway okay thank you thank you uh let's go ahead and open up the public comment do we have anybody on Zoom Mr Madden we have nobody on Zoom okay I'm GNA open up to the board for questions I I wow you know I've never had the board be so quiet you gave us a bunch of easy stuff we got to throw them some curveballs you know get some like complicated we were hoping to but they got Contin I can tell you the two things that were so so you know I'm on that street all the time my dad lives on 59th in North Bay Road so when I go out and I look at all the sites and you know it just it's great when you have someone that's really restoring and and keeping it and not knocking down cuz there's so much going on in that street driv my dad crazy and you all know my dad because everything around him on 59th in North Bay Road is Mammoth and he'll have to do something eventually um but it was really interesting because it is kind of tight like you said so I'm just curious how it's going to work so it's up and down okay so there's it's empty there's no cars a car pulls in right Y and then you hit a button you get out you hit a button and it raises it and then the second car comes in and just pulls in underneath right but what if this what if the second car needs the one on top needs to leave and the one's down there you got to go out it's a little bit of a little bit of a hassle but it's still it it it is a little bit of a hassle obviously there will be some when you have situations where people are constantly coming in and out you will probably have one car that may be parked outside but since it's it's a single family home and it's just husband and wife dealing with it they're going to have to work out the mechanics of the car but yes there will be okay occasionally the conflict the offset is you know you basically have a two-car garage you know with limited space so uh it's going to look great I mean the house looks great you know on the front curve of heel is great so um same process as a tandem space you still got to get out to get I know I just I wanted to ask a question Mr Vice chair okay someone's got to ask a question are you raising your hand Mr dler no it's too late it's too late I I think what you're saying is they need a full-time valet working there also make well the way I look at they have three cars and like that car that's always going to be on top is going to be like you know I mean you could see the car that was in the driver in the picture you know maybe the Porsche is just going to stay up there and that's the weekend car to go out who knows um they're figure it out that's not in our perview to no no my mine mine would be the one that's stuck on top and it' be a problem yeah I'm trying I'm just looking at the picture oh it almost looks like it like go the scope of work goes outside the property line am I just misreading this you keep so it's not all right no no we we're we we're 3 feet from the property line okay I'm not sure wait sorry about that yard from a first down all right you said the lot size was 7,000 sare feet on that lot I think it's 70 yeah it's funny cuz that's that's that's kind of one of small that's kind of one of the smallest lot size on North Bay Road because I grew up on 44th in North Bay Road you know it's big but some of those ones on the on the dry side but you know what it's not a bad thing to be on the dry side especially you bought the house 20 30 years ago right um you bought it right yeah look it it is one of the smaller lots and because of that we we are limited and constrained um but the process at least uh it works in this case it it gives folks the ability to get these incentives if they preserve the homes and that's what happened so I think the city process resulted in in go it's goal here all right last call Mr Silvers okay turn your mic on please there you go right right here okay the addition on the side the side elevation of the garage um can I point to that for a moment it's a blank wall it's like two stories high right what it's a blank wall on page a31 is that's the side elevation of the right that's it I would like to see more of a residential continuation of the design of the building so it's not a blank wall to your neighbor so if you can incorporate windows that would be consistent with the architectural style I think it would in improve the aesthetic for your neighbor looking in I think that there's a bush between the properties right I looked at there there's a bush how many feet high yeah bushes yeah I mean I I will tell you I I think since it's a garage they just wanted to keep it as contained as possible and there's such limited space we did talk about that briefly and the neighboring add some sort of wind add some windows on the second level so it looks out so they don't look at a blank wall remember you're only 3et from the property line that means you're maybe 8T from his building looking out or looking up so what I'm asking you is to add windows on that blank wall that would be consistent with the architectural style of the overall building I I don't want to it's like the fountain blue built that Edition 50 years ago to to shade the Eden Rock Sund deck there's no windows on the north side of the fountain blue Tower so I'm just trying to get away from that and and create some sort of continuation I just don't want to see think he wants want I hear you and I and I actually don't disagree with you at all my only concern is that we showed this exact neighbor this plan and he liked it as is so could we make it so that it's at least work with staff to that neighbor could be that neighbor could sell his house the next week yeah so I'm looking at overall over time I'd like to ask sta I'd like to ask staff if I don't think that's in the purview of of us to start asking them to change of design can you comment on that please if you see that CH that the design changing the design can mitigate the impact of the variance that that would be within your purview um that I do do agree there is a big hedge there so the windows likely would not be visible because of that hedge but the Hedge is only 10t High I mean this is we do have a letter of support from from both the budding neighbors and I and I look I don't disagree with you it's why I'm struggling here but my only concern is I've had multiple hearings in front of the drb where the neighbors have requested there not to be a window for privacy concerns so my fear would be agreeing to this and it being a black and white condition and then the neighbor that agreed to support it all of a sudden no longer is happy with that that's my concern I I don't have problem with the window I just don't want to disrupt the happiness between the neighbors all Mr nagler what if they paint a window on the side like looks like a window does that work say that again can you like paint a window oh a window well because he's worried about people looking out the window but it's just painted on the Sid I mean I all you have to do is put a put a a window that you can't see through right so it looks like a window so I can can he can he work with that sure up to the board let's keep discussing I think Miss asan has a comment go ahead sir yeah to the comment in the window again that hedge is how many feet and the top of the roof is how many feet yeah and the Hedge is I think just over at 10t and the top of the roof there is how many feet no that's 20t no it's 15 15 15 ft how much space is there between that hedge belongs to the property yes so how much space is there because you said there's a 3 foot variance that hedge has to take up some feet so how much space is there by from the end the side of the Hedge to the side of the wall at most 2 feet cuz that the variance is 3 feet but 3 feet from the prop the set back is 3 feet from the property line correct right but that hedge I'm going to guess probably takes two feet so you might have a one foot between the Hedge wall I I said it most somewhere between one and two HED whose hedges they're saying that it's their hedge is it your hedge yeah so I just as there's hedging on both sides but it goes into our side too but where's the CBS walls on your property or or or the other property it's it's in it's in ours huh it's in ours it's yours yeah right let's let mrone finish and if you want another comment so another thought going onto the suggestion that was asked regarding a window there might be the idea of having a thin uh horizontal window that's maybe like six inches that runs on the top just for light purposes into the garage that might be something that maybe they didn't think about that could give a little appeal from the side and at the same time give some light natural light into that garage which it won't be sort of like a big detriment since it's a thin window just for light purposes and it'll give some aesthetic to the outside that's just a thought my other question was are they installing um electrical into the garage for Chargers in the future I i' I'm not aware of that I'm just saying because if they are I imagine that there should should probably be some electrical plans for charging stations in in that space my understanding is currently there the the cars don't require electric Chargers I don't think that's part of this plan got it I I would probably recommend them that even though they don't have it if they're doing the buildout they might as well add the electrical for a level two charging station or something like that because come down the line very near future they're probably going to have one and if they're going through the effort of building it out they should definitely consider adding a um electrical for the future just a suggestion and I appreciate and I we'll definitely share that with them one thing I was I'm just thinking out loud as to Mr Silver's concern and and and Mr I I agree with with what you're saying I think we're all just want some fenestration some activation of that wall can we for is comfortable a condition where we we will work with staff and the architect to provide some ministration if if possible just so there's not you know something so black and white that if it can't be achieved we have a problems yeah subject to the review and approval of Staff the the applicant will work uh to improve the penetration of the of the South facade yeah you know I'm looking at the picture I took when I went out and did the site visit there's actually these trees are really tall there's one two three four it's like four large trees I'm looking at my picture when I when I did the site visit I mean those are those are well in excess of the height of the roof and everything and I would assume I mean block out you know most of the stuff I mean my is you know and I appreciate the board members comments and and and again you know pictures don't do it justice that's why I go out and I look at these sites and I literally get out of my car and I looked at it and I understand your comments appreciate it but I I I don't think we should make the applicant do something that they don't need to do their neighbor doesn't want them to do if they don't want light in the garage they don't want light in the garage it's it's very narrow and I think you know asking them to do that because you feel it should be light well that's their option whether or not they want light and also on the electrical stations that they don't have any electric cards now you know they can always add it it's really not that complicated to add a charging station so I I don't think that that would be yeah would be a need and that you know that that's my comment on it um I just hang on Mr nagan I'll come to you I have a question it's not about painting anything on anything but um in serious seriously regarding your picture you took yeah um you said there is tall trees and a serious question um I don't know what type of trees those are but I'm I'm presum assuming you wouldn't be allowed to just cut them down um I think there's certain trees that you have to come to the city to get approval to cut down whose trees are those are they the neighbors trees regardless of who owns the trees my point is is yeah you can't just go in I think it's like essentially like against a lot of just like cut down the trees so those trees are going to remain there um but for someone doing it illegally or getting City approval is there a a picture Miss moo of I mean I I can't just take my phone and pass it around that really shows that side where the the trees are I mean for me to pass around my phone makes no sense I mean well see but you can't really see you can't really see I can we didn't include it in the I didn't know become an issue I can share this with you I can just kind of walk it around you can kind of see how it extends as as Mr Ione said pretty far into where the addition is going to be that's oh okay that's and okay yeah yeah yeah yeah yeah yeah yeah accurate that's not part of the presentation all right Mission no you was that zo pulled it from the MLS okay yeah yeah comes yeah but misson actually has that hedge is really yeah that hedge is and it's it's it's well manicured and all that I mean that that's they can't see anything the neighbors not going to be able to see if just to get a a middle ground here because I want to make sure we get the five votes can we put a condition where we will explore with staff that way if the neighbor wants it and it works nothing this plan is not we're not tied to this we can add it I I think it's a good idea I just don't want to be in a position where we're we're stuck to one thing that can't be done but we're happy to explore with your staff and the architect to find some fenestration and I think there may be something we can do absolutely uh Mr Davis yeah I'm I like the project generally but I think Mr Silver makes a great uh Point asking Mr Madden are there any other examples of a you know two-story residential garage like this and what they did on the second floor within the city that you're aware of um I can't think of a case off the top of my head where where we issued a variants like this for a for a garage um so close to the sidey yard setback generally when you're when you're building a new home we have a requirement that if a facade is greater than a two-story elevation is greater than 60 feet in depth we do require you to have an open court in the in the design in order to minimize um that flat wall look um so that is a code requirement that we would enforce on on new development uh but if the length is less than ft we would not we would not impose a requirement for any sort of fenestration like that but again it's an example obviously a good one being the I think it was called the spite wall between the muon family and was on on the Ed rock yeah big Supreme Court case on yeah well aware of it but the but the uh same thing though within the city of Miami Beach how many second floor garages with a do a a blank wall like that are there I can't think of any most most garages are don't go up two levels uh that I'm aware of this is this is a this is a condition the the one condition I will similarity is I had a project that had to go to drb for 1450 Marseilles because it subject of a lot split and there we showed a window on the second level it wasn't a garage but it was second level of the home the neighbor came to the hearing and objected asked us to remove the window because privacy concerns so we actually had to modify it that's why I'm sensitive to that and knowing that we showed someone the plan and he agreed to it I just don't want to be stuck that's my only concern Mr asion yeah in this particular case there's nobody that would be looking out that window just because obviously it's a car that's in the second level and so my thought was something like this sort of like this kind of a window that goes over the garage kind of a thing is what I was saying and just out of curiosity is there any requirement that they must have that hedge cut back a certain number of of of feet to have the separation sort of an easement or you know have access on the side between the wall and the Hedge is that a necessity or no I don't believe so um if there is could grow right onto the wall and would be a problem unless unless there's a fire code requirement which I don't believe there is um that's sort of where I was going just out of curiosity to access the rear uh uh there's no planning requirement for that to happen um I'd have to reach out to the fire department to see if so my comments were not um subject to giving this an approval my comments were more of a recommendation to the owner obviously it's their home but I I think that having sort of like a a thin light to go into there and adding 220 volts into that garage for a charge in the future is highly recommended again not subject to my approval or not okay thank you any other comments Miss Silverman how would you access if the Hedge the point the HED screw to the wall how would you access the back of the home you there's you'd have to go through the home right because the other side is also blocked well I think they're going to they have landscape they're going to cut the Hedge I mean I it can grow and it obviously is is robust but they obviously will be maintaining it so they can access the house I don't think their their goal is to completely block it up Sil answer your question yes good okay if there's no more questions I'll entertain a motion any motion I'll make a motion motion to approve approved with an amendment that uh they incorporate the window treatment on the uh second level of the garage on the side elevation can we like straw hole that or something like that cuz what's that because that that that that motion is to require I mean that would it's my motion okay that's if there's no second then let's see if there's no second it's going to die um okay we have a friendly suggestion I still think it's a good idea so if we can just so that we're not stuck to this without it would you be okay with it and and I'm happy to propose in a motion where applicant will explore with staff if feasible to add window or other finra I think Mr Silvers is making a requirement in the motion so let's tackle that first um which I don't agree with by the way I don't agree with him so um we'll see if we have a second if not it will die if it dies we can move again separately well then there would be a new motion yeah so we have a motion uh by Mr Silvers do we have a second seeing no second that motion dies um I entertain any additional motions and I I cannot make a motion I'll make a motion that we approve the uh project as proposed with the uh request that the applicant work with um staff to explore the option of installing a window on the second floor so just to confirm that would that would not make it a requirement that would be to explore correct Mr Davis correct okay second okay second by Mr asion any I want a clar yeah I want a clarification it's a requirement to look into it not a requirement to do it recommendation remember that's why I clarify recommendation recommendation absolutely it takes okay okay so we have a motion a first and a second all in favor I I oppose motion passes see they they they saved everything for the Third one give you a hard time I appreciate it keep me on my toes thank you so much conat congratulations to the pans okay Wonder have a great weekend I'd like oh wait hang on we're not done sit down guys I I did not I did not close the meeting Mr Vice chair I did not close the meeting okay we're still we're still on excuse me guys so um our meeting in December we only have one item and I understand we may have some issues with a quorum um so um I think a couple board members have already said they may not be able to be here so I would recommend Mr Madden that you know talk to the applicant and say we may not have a quorum okay uh December is kind of a tough month a lot of people are traveling so if you can just make a recommendation to them that you know we would suggest maybe um moving it moving it to the January the January meeting meeting that would be great if you all agree um and any good in welfare M the January meeting is January 8th yes the January meeting is January 8th yes that is correct and then the February meeting on the February meeting 7th I'll after this meeting I'll I'll we'll update the calendar to to so that it shows January 8th and I'll send out a calendar to the board of the next year's meetings yeah and we appreciate your patience with you know we thought this is going to be a long meeting with with the two um appeals unfortunately it's something in the city know staff can't control so um so we appreciate the patience okay with that being said motion to close the meeting okay you all have a great day have a great weekend thank you so much okay e