Heat. Heat.
[Music]
[Music] Feel [Music] well Feel
[Music] feel. [Music] Come on.
[Music] Hey. [Music] [Music]
I love you. [Music] are.
Fire. [Music] Heat. Heat.
[Music]
What are you doing? Heat. Heat. Heat. [Music]
Heat. Heat.
[Music] Heat. Heat.
[Music] Da da da da da da da da da da da da. Heat. Heat. N.
[Music] [Music] Heat. Heat. [Music]
[Music] Welcome to the City of Miami Beach Commission Chambers. We're glad to have you with us today. If you require ADA assistance or accommodations, please notify the city
clerk or any staff member and we will be happy to assist you. As a courtesy to everyone present, please silence all cell phones and electronic devices at this time. Lobbyist disclosure reminder. If you are a lobbyist appearing before the city
commission or any city board, you must have registered with the city clerk prior to participating. If you have not yet registered, please do so immediately. Presentation reminder. If you submitted a presentation within the 24 hours prior to the start of today's meeting, please
check the computer located at the podium to ensure your file is properly loaded. When the floor opens for public comment, please step up to the podium. Speak clearly into the microphone and begin by stating your name and address for the record.
How to participate in public meetings via Zoom. Once you have joined the Zoom meeting, go to the bottom panel and click on the raise hand icon to notify the meeting host that you would like to speak. As soon as the host grants you permission to speak, a dialogue box will
pop up on your screen with two options. Select the unmute button to begin speaking. After you finish speaking, mute your microphone and click on the lower hand icon. [Music] If you are joining Zoom via phone, tap
the keypad icon and press star 9 to notify the meeting host that you have raised your hand to speak. A voice operator will prompt you to unmute your microphone by pressing star 6. Once unmuted, you may begin speaking. After you finish sharing your comments,
be sure to press star 9 to lower your hand and star six to mute yourself. We kindly ask everyone to conduct themselves in a respectful and professional manner throughout today's meeting. Thank you for your cooperation and thank you for participating in your
local government here in the city of Miami Beach. [Music] Please take your seats. The meeting is about to begin. Remember to speak into the microphone as this meeting is being
recorded for public record. Please stand by. We are going on air in 5 4 3 2 1. >> Good morning everybody and welcome to the Friday, October 17th board of adjustment meeting here at city hall. I
hope everybody is doing well. Um, let's go ahead and get started. Uh, we have six of seven, but let's go ahead and take formal attendance. Mr. uh, Madden. So, we have for the record. >> Yes. >> Good morning, everybody. I'll do a roll call. Uh, Mr. Goldberg >> here. >> Mr. Davis >> here.
>> Mr. Krennic is absent. Miss Mlly >> here. >> Mr. Negler >> present. >> Miss Silverman >> here. >> Mr. Silvers >> here. >> We do have a quorum with six of seven members present. Okay, thank you so much. Uh, Mr. City Attorney, can you please give the instructions for those
who wish to participate uh via Zoom and then if there's any updates and go ahead and proceed with the swearing in of the public, please. >> Sure. >> Uh, thank you and good morning all. Today's meeting of the board of adjustment has been scheduled in a hybrid format with a quorum of the board physically present in the commission chambers located at 1700 Convention
Center Drive and applicants, staff, and members of the public appearing either in person or virtually via the Zoom platform. In order to participate in today's meeting, those wishing to participate via the Zoom platform may dial 888853-5257
and enter the webinar ID which is 8286961-5309 or log into the Zoom app and enter the web webinar ID which again is 8286961-5309. 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 who are testifying today, I'm going to read into the record the city's uh notice regarding lobbyist registration. If you are appearing on behalf of a business, a corporation, or another person, you need
to register as a lobbyist with the city clerk's office. If you haven't registered yet, you should register before you speak to the board. You do not have to register as a lobbyist if you 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 support uh either the item
or oppose the item. Expert witnesses and representatives of neighborhood association shall prior to appearing disclose in 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 are appearing in favor of or against an item or encouraging or arguing against its passage, defeat, modification, or continuence. Uh there's no uh updates. Uh, Mr. Chair. So, with that, I'll swear
in members of the public, uh, for those that will be testifying today, if you can please stand and raise your right hand. >> Okay. Do you swear or affirm that the testimony you'll be giving in this proceeding is the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Please be seated. And for
those members of the public that will be appearing virtually, I'll be swearing you in uh one by one before you address the board. Thank you. Thank you, Mr. City Attorney. Uh, Mr. Man, do we have any discussion items? >> We have no discussion items today. >> Okay. Uh, board, in your package that
was sent out to you, you had the minutes from our September 12th meeting. Hopefully had a chance to take a look at those. Um, if there's no changes and everything looks good. >> I'll move to approve the minutes. >> Okay. Motion by Mr. Davis, second by Mr. Silvers. All in favor? I opposed. Okay,
that passes. Thank you so much. Um, okay. Okay. So, next we have uh requests for continuance and withdrawals. Um and we actually do have four um that are on our agenda. Uh so, Mr. Madden, I'm going to ask you to go ahead and um tee up the first one, which will be
ZBA22-143125-153 Collins Avenue. >> Okay. So, this is an appeal. It's been on the agenda for quite some time. Uh originally dating back to November 1st, 2024. um the applicants are still under discussion and might be able to the the appellants are still discussing the item
and they might be able to work this out privately. Um so as a result they have requested that the item be continued to the February 6th, 2026 meeting. Okay. So with that being said, we need a motion um to approve the continuence of that item. >> Move it.
>> Okay. Um motion by Mr. Nagler. I a second. Second. >> Second by Miss Mory. All in favor? I opposed. Okay. Motion passes. Next continuance request is ZBA24- 0161605
Lincoln Road, unit 800 RF. Mr. Madden. >> Again, this is another appeal that's on the agenda. This one has been um on the agenda uh since October of 2024. Uh the applicants have uh have also they're they're intending to work out the issue on their own. The appellants are
intending to work out the issue on their own and they as well have requested that the item be continued. Um and also to the February 6th, 2026 meeting. >> Okay. Uh entertain any motions. >> Okay. Motion by Miss Silverman.
>> Um you want to be recognized? Yes. State your name, please. >> Good morning. Mickey Morero of Burka Del Fernandez Linus 200 South Skin Boulevard. We actually represent the condominium association where this unit is is a member and as Rio mentioned there is a dispute. There's multiple disputes. This case is tied to a special
magistrate case that's also on the property in addition to litigation between the parties. Not here to object to today's continuence, but this application was filed in May of 2024. It was first on the agenda October of 2024. It's now over a year. So if it's continued one more time, we understand,
but it's really we need resolution here. So, we would ask that this be the last continuance so we can get this resolved. Thank you. >> Okay. Um, I'll have to ask staff or or city attorney. Um, can we can we entertain a motion for that or what what is what's proper protocol for continuing this? Is there a limit on how many can
be requested? >> No, there's no limit. There's just questions of republication and the republication cost. I believe this has already been uh published once or twice already. So, it would be up to that and um yeah, so unfortunately it has to be February because of scheduling. I believe that the planning director is
out in November and December. So, this would um based on the schedule and I'll let Roelio comment on that. But no, to answer your question, there's no limit on the continuences as this is an appeal. >> Okay. >> And that's correct.
>> All right. So, you know, noted for the record, but we'll go ahead and continue. Um so, the next uh continuence request we have is two. >> Oh, I'm sorry. Yeah. See, that's what see my vice chair. That's why that's why you're vice chair. Um any motion to
entertain a motion to approve of that continuence? >> So moved. >> Okay. Mr. Davis first. Second. >> Second by Mr. Silvers. All in favor? I opposed. Okay. That passes. Okay. Our third our third variance request is
going to be Oops. Hang on a second. Two. ZBA25-0189631 [Applause] West 28th Street. Uh Mr. Madden, >> this is a um a request for a variance for a rear yard setback in relation to a
paddle court. Um the applicant is attempting to work with neighbors who have concerns uh with the with the proposed variance. Um and as a result, the applicant has requested that the item be continued to the November meeting. Um that would be the November
7th, 2025 meeting. Um however, the the residents have indicated they would prefer that the item be continued to the December meeting, but that's I leave that up to the board um and the applicants if they have any any concerns with that. >> So So let me let me give you a little bit more background. Um you know, I always do a pre pre-agenda review call
for HELO and we went over this um and you know, I got I've been on this board six years. You guys are going to get rid of me in December. I'm termed out. So, um, and in the six years I've been here, I've never seen an item get more negative responses, to be honest with you, from the neighbors. You know, one thing we always ask when someone brings something to the board is how do the
neighbors feel about it? Right? And when we don't have letters of support, we kind of wondered wondered what's going on. But in this case, you know, and you all got the same letter as I I did. Um, I mean, enormous amount of feedback. So, I know there's people and residents that made plans thinking this was going to be
heard today um to be here that can't be here for next month's meeting. So, I I'd like as a chair to make an exception, which we normally don't have to do, and I'll open up to to council in a minute, to uh open this to public comment for for some of the residents that have rearranged their schedules to be here
today. Today, that can't be here till uh next month to present even though we're not hearing the item. And I want to make sure everyone understands we're not going to hear the item, but I I and and we have cleared this through through legal. We had the discussion and there's no issue procedurally with with us making that exception.
This is this was noticed as a public hearing. So, the public did anticipate that they would be here today. For those members that can't be here next month, we do offer the hybrid um meeting so that they can certainly attend
virtually. All of the objections are in your packet so you can all see them, but I believe some of them want to just comment on the continuence uh not necessarily the merits of the case. So, so just um before I hand it hand it over to you to recognize you, may I ask by hands what
residents are here that would like to speak on this item that can't come next month? Okay, just two. Okay, just um I'll go ahead and recognize you. You are Kendrick me Jr. attorney on behalf of the applicant. Uh my address is 3800 Northeast 1st Avenue. Um we would just
ask that the board continue this item to the November 7th hearing. Um, I understand that uh there are a couple of neighbors here that won't be able to be uh at that hearing. Um, but they are able to participate by Zoom as is routinely allowed by this board and are also represented by council who's here
today and if I remember correctly can be here for the November 7th hearing. Um, and we all know that December hearings are often cancelled um due to holiday travel um time with family and believe me, my client does not want to compete with that. Um, so with all that said, I would just ask that this board continues
to November 7th. um allow anyone that can't be here to uh participate via Zoom and give my client an opportunity to be heard some time this year hopefully. >> Okay. Thank you. Again, just to be clear before I open up the public comment, we are not hearing this item today. I'm just opening up the public comment for
the two residents that are here that are not able to be here next month. Um do you guys have any questions on that? Before I I do that, Mr. Naggler. >> Thank you, Mr. Chair. Um the public comments that we hear today, are those allowed to be taken into consideration
when we do hear the item uh in a month from now or two months from now? Are they considered to be pardon part of that future meeting so to speak? >> I think the purpose of today's opening this up to the public is to address the issue of the continuence. Um certainly
their information is in your packet. You can, you know, listen to it today. I'm not sure what they're going to be saying about the item. Um, but no, it's not an opened hearing and continued. So, it's not really the evidence in the record yet. This is again limited to the issue
of the continuence. Uh, they do have counsel as council did indicate. They can appear virtually if they so choose and they can file any supplemental response of the packet, but no, it's not opened and continued. This is just on the issue of of the continuence. >> Thank you so much.
>> Thank you, Mr. Attorney. Any other questions from the board? Okay. Again, we are only going to open up I'm going to open up the public comment. We're just listening the comments. There's not going to be any Q&A. Um, so at this point, I'm going to go ahead and open up to public comment and ask anybody any residents I'd like to come up. Um, I'll give you since only two of you. I was
going to give two, but I'll give you three minutes. Please state your name and address. Yeah, please start. >> Good morning. My name is Robert Herzburg. Mr. Chairman, members of the board, I live at 1620 Northw Drive, Miami Beach, Florida. my property directly abuts the property asking for
the application. Um we were ready to go today, but we we learned that um the applicant asked for a continuence and our lawyer asked us. We said, "Sure, we have no problem. Anybody needs a continuence fine except
we said several of us who are most affected, the closest property owners are out of the state on long pre-planned uh travel." And I would personally really uh appreciate the board moving this to December so that I have the
ability to speak to you directly and and personally uh about my concerns. We are we had did have an initial meeting with the applicants council and and other people. Uh there was discussion. Hopefully that discussion will turn into something
fruitful. But if it doesn't, I we and and my next door neighbor would like to address the uh the the board directly and not uh Zoom under in a hotel room uh
somewhere else. Um there's no prejudice I think in in extending an additional 3 weeks to the applicant. There would be to us who wouldn't have the ability to to speak to you directly. So we would just ask. We had no problem. We were
ready to go today. We had an expert witness ready to go. He filed his stuff, but they asked for a contingency. We said fine. But we we said we did say in our response, please make it conditioned upon making it on the December meeting. That's all I have to say. >> Yeah. Thank you. Thank you, Mr.
>> Next. Please state your name and address. >> My name is Danielle Morel. I live on 2830 Lucan Avenue, which is to make a quick picture 12 feet from where the paddle cord is being uh considered to be
built and uh 40 feet from my bedroom pillow. So I'm greatly interested in that issue as well as 15 as you mentioned earlier note from the resident it is a critical issue for the status of our island our neighborhood. So again as Robert said and we just neighbor the
applicant ask us for a continuence we have no issue with that continuence we will be talking to them about remedies on what they can do but I would ask graciously from the board to consider a further extension to the meeting in December. As Robert said, there's little
prejudice. We saw application that are going for a year. We hope we don't go for a year, but uh it would seem that it would create a fair and even playing field if we can represent oursel in person. Again, we are ready to present today. We have a expert who is currently
on on video ready to present. Um we agree to the continuence, but please I must ask you graciously to extend the delay until December. Board member, thank you very much. Thank you. Um, do we have any residents on Zoom? Again, I'm only entertaining residents.
>> We have no hands raised on Zoom. >> Okay. So, that being said, um, just want to make sure the board understands. Um, again, we're not going to get into Q&A. Um, this this continuence request is from the applicant, um, requesting that it be continued to November 7th, 2025.
So, at that this point, I'll ask if there's any any motions to entertain. >> I just >> or questions questions for staff. Okay. If I if someone wants if I want to move to have it have the uh item heard in the December meeting, do I have to f make a motion to that or do I do we have to
deny this motion first and then and then go to the >> procedurally the request now is a motion to continue for November. So we need a motion, a second and a vote. If the vote fails for whatever reason, then there can be a second motion. >> So but is that allowed are we allowed to
do that or that has to come from the applicant? Well, the applicant has requested council stood up and requested >> for one continuous >> to November to November to November. So the the motion now that should be addressed first is whether or not motion to continue to November. I need a first
and a second and a vote. If that fails then it would be the motion would be to continue it to December because the applicant you have to understand the applicant is asking for November. Residents are asking for December. I I I think what >> the applicant controls
>> right and that's the conversation we had yesterday um when we were on a call uh me and and Noelio and and city attorney is you know we did not have to open up the public comment did not have to allow the residents come up and speak so you almost have to make like that didn't
happen and what's before you um you know we were doing that as a courtesy um again because of all the feedback that we got and it was more of an accommodation if that's fair to say because it is a publicly no meeting and they were ready to come and were ready to present today thinking it was going
to be heard today. Um, if there was 10 residents here, I would allow 10 residents to come up here and speak. Um, so that that's a discussion that I had with staff and we made sure that procedurally it was okay to do that and allow it. Um, and and but you have a motion and you have an applicant that
really controls and the request for what they want to do and what they're asking us to do. When you have public comment, you you can't take public comment and and and do what someone from the public is asking you to do. They're they they can state what they want you to do, but but I think and
correct me if I'm wrong, Mr. Attorney, you know, no one here on the DAS can say, "Hey, I agree. Let's let's defer it till December." Did if I said that right, Mr. C attorney, I want to make sure. Yeah, we talked about this yesterday. So, I want to make sure everybody understands that.
>> Mr. Naggler, you look a little You look a little bit puzzled. >> But but Jam was first >> cuz you said that you let them speak, but we have to pretend we didn't hear it. >> No. No. And let me rephrase that and think I'm sorry. No, no, no. Almost like it it's an accommodation. Okay. For
those who have been up here on this board, we we never we never open it to public comment. I wanted to accommodate the residents that couldn't be here to state how they felt on on this because they were ready to go forward with this. and then the applicant requested a continuance. So, so yes, strike that
from the record. >> Okay. But when we vote on the continuence for November, just for that at this point, >> we can take into consideration what the residents said before us. >> That would be your no >> considering in considering the November
date and then I presume that if we >> if we vote for it, great. If we vote against it, then you're going to ask for December, right? So that's how that gets done. Okay. >> Yes. Well, well, they may not be asking for it, but then they would there's a pending motion to continue. >> Would it be appropriate for council to come up and and and formally I I that's
a great question, Miss Oman. Um, can you answer Miss Oman's question on that? If it's not approved, what then? What would you do? >> Well, I would just add that again, we would request November 7th. Again, we're working with uh the other neighbors and their council to try to find some kind of amicable resolution. We think we can
do that before the November 7th hearing. And of course, if um you know, we don't come to some kind of resolution, we'll ask for another continuence to a uh date certain. So um that's what I would add. But again, the request is to have our hearing on November 7th. >> Okay. All right. So with that being
said, I I think >> Okay. One more comment and then we'll see if there's a motion on the floor. Is has anything been given to us why the applicant wouldn't be available for the December meeting? Should be >> I believe council had indicated that
December is a tough time of the year with people's scheduling. We may not have a a quorum. Um and you know a lot of times in the past December hearings have gotten cancelled. I don't know what your schedules are but that's why their ask is not to go into December at this
point. So nothing specific, just vague assertions of things that could happen theoretically. >> Yeah, I don't know what's going to happen in December. >> Me neither. >> I'm speaking from >> other than Mr. Goldberg's last meeting. >> Well, yeah. Well, it is. But unless he's a >> If I can just say one more thing again,
I I the purpose why I was okay opening to public comment was allowing any residents that couldn't make it to the November meeting to come and state how they felt, which is did you did and it's part of the record. So they they were here. They stated it's on it's on the
record. So if this were to if it was to be approved and come to us in our November meeting, you know how these residents that are here feel. The other residents that are able to come to November 7th meeting will be here. There'll be additional residents, I'm sure, who will speak and and say how they feel. So that that's why I decided,
you know, to make this exception and do this um to allow any residents that couldn't make the the November meeting to to come and speak this morning. Um you want to be recognized your name, sir? >> My name is Tucker Gibbs. law office is at 3835 Utopia Court in Miami. I am here
representing the U. Mr. Herzburg. And what I'm trying what I'd like to to remind you all, they didn't speak to the merits at this at this issue. So, they should not be precluded from speaking on the merits at the hearing in December,
we hope. Um, and that's where we stand. And I just want to be sure that we everybody understands that they I think they still have a right to speak on the merits. >> Oh, of course. Yeah. Abs whether or not it it goes to November or December. Yeah. They can absolutely come back and
speak absolutely positively. >> I just wanted to be sure about that and also remind you all that this issue is incredibly important to them. They want to make a deal. We want to make it work. But my clients cannot appear and it's
they want to be able to appear in front of you live and not on a blank screen by Zoom. They want you all to see them and and that's what they want. That's the only time they can do it is on in in December. So that's our
>> understood. Thank you, Mr. Gibbs. Um all right. Uh any motions from the board? I'll move to uh approve the motion for continuence. >> Okay, we have a a motion to approve by Mr. Davis. Do I hear a second? >> That would be to the November November
as as requ as as requested by the applicant. >> That's all. That's all I can do. >> As requested by the applicant. Do I hear a second? >> Okay. Well, I I don't think I can second and I don't think I need to >> something and then it Yeah, sure. Of
course. Yeah. Okay. Second by Miss Silverman. All in favor on approving the continuous to November. I Okay. Doesn't does not pass. Okay. Um at this point, do we call
>> another motion if if there is another motion for the continu to the December if that's >> So we're entertaining any additional motions. >> I'll motion for December. >> Okay. We have a motion to move this to December. >> What is the date of the December? >> Okay. Second by Miss Morlli. All in
favor? >> I opposed. Okay. Motion passes. So we'll see you in December. >> Just for the record, that would be the December 12th meeting. >> December 12th meeting. >> We'll see you in December. Thank you so much everybody for coming in. We appreciate it. >> Thank you.
>> Okay. Um, we actually have one more request for a continuence which wasn't going to be but changed at the last minute. Mr. Badden, can you go ahead and uh TFZVA25-0191691 Michigan Avenue? Yes. This is a request for a modification to a previously
approved variance. Um, it's for um an alcoholic beverage establishment and and the board previously approved a variance for a distance separation requirement. the applicant is looking to uh modifi modify their floor plan somewhat and so they're requesting a so they're requesting a modification. However,
they're they're they're making some more changes and they they want to adjust the plan somewhat. Um so they're requesting that the application be moved to the November uh 7th meeting as well. Okay. Entertain any motions. >> Move to approve the
>> Okay. Moved by Mr. Davis. Second. >> Second by Mr. Silvers. All in favor? I opposed. That motion passes. Thank you, board. Okay, so we have uh two new applications. Uh let's start with the first one. ZBA25-0175
3443 North Meridian Avenue. Um >> or Alejandra. >> Yeah. This application has been filed requesting an after the fact variance to increase the maximum lock coverage in order to retain an enclosure of a terrace for an existing twostory home.
>> Okay. Thank you, Alejandra. So, um, so as Alejandro stated in the title, this is, um, a variance regarding an existing enclosure. The two-story home had a terrace in the rear yard. The applicant um, had enclosed that area. They uh, did
it without a building permit, they're seeking an after- the-act building permit in this case. Um, the enclosure uh, results in the home exceeding the lot coverage somewhat. It exceeds the lot coverage by 1.3%. That's 121 square ft. Um and so that's that exceeds the
lot coverage. The lot coverage limit for a two-story home is 30%. By enclosing that space, um the area a portion of that area would add to the lot coverage and so now their lot coverage would be at 31.3%. Given that the applicant um has already
under undertaken this expense um the it was done to code, they are getting the appropriate building permits to legalize the structure. And given how small um they are they are exceeding the um the maximum lot coverage staff is not
opposed to the granting of their variance. It is a practical difficulty um and so this does meet the practical difficulty standard and staff um recommends that the application be approved subject to the conditions in the draft order. >> Okay. Thank you. Do we have any disclosures on the dis?
Okay. Um I believe we have uh is somebody presenting Amenia. Hmenia >> Himemenia would you like to come up to podium state your name please and 10 minutes be good to start 10 minutes enough time for you to present >> uh we are requesting like
>> say state your name please for the record >> uh Jimea Godi from Vulca LLC we are trying to help the property owner to legalize this uh as Miss Madan Mr.
Madan say um we are asking to uh adjust the covered lot with 1.3%. [Applause] We enclosed this property just with windows like panel uh fixed panels and
the property owner like for him it's complicated to go back to the original house. He's an old person and he's in like a wheelchair and he wants like more space but we never like he said that he never like
touch the original uh house. The beans and the columns are existing. He only like install like fixed panel windows. So we appreciate if we can help us to adjust this to 1.3%. >> Okay. Thank you. Um, let me go ahead and
open up to public comment. Do we have anybody here on Zoom? >> We have no hands raised on Zoom. >> Okay, we'll go ahead and close the public comment and open up for questions from the board through the chair. Anybody? Miss Silverman? Looks like you >> I have a question. So, you said that he
put enclosures in, but the patio that existed in the back already >> was a existent >> and so there was no additional pour to the concrete of theirs that was that was there to begin with. Okay. And then I have the same comment that we've had I've had before in that we need to find
the contractor who did this and why he did it without a permit and you know fine him or whatever because we can't just allow people to, you know, do stuff like this all the time within near the beach without getting permits. If they need a permit, they need a permit. And
if he's a licensed contractor, he needs to know that he needs to get a permit or she. >> So So you're right. I actually brought that up last time it happened. Um and actually could maybe it would help um Mr. Matt if you can explain how this arose like I I don't think you said it
when you were reviewing the item. >> They they received a violation um from the from the building department when the when the work was being undert I'm not sure if the work was complete or or if it happened shortly after the work was completed. Um but they did receive a
violation. Um and so they're here as a result of a violation issued by the code enforcement department. >> This was made 20 years ago. >> When did this construction was made? >> So they did this 20 year that's that's what I wanted to come out when you know when was it done was that is that an
accurate statement. Mr. Mayor 20 years ago this was done or we wouldn't we wouldn't know. >> We would know. >> We would know. They didn't pull a permit. We didn't we wouldn't know. They didn't pull a permit. So >> we are the company. We're going to fix everything. We are able to change all the windows to be in code in compliance
like with anyways everything and the client is like accepts to be in compliance to change. >> That's why >> uh Mr. Mr. Nagler >> and two questions. >> Oh, one well I guess we don't know the exact date because the permit was full. >> Do we know was this done
>> um under the purview of the current owner of the applicant or was this done before they purchased the property? Did they like inherit this or something? Who was the owner at that time? The same owner at that time. >> Same owner at the time did this. Okay. And then the other question is does this
I don't I I don't do like prop I know like when you look at property there's like different square footages for a property like enclosed non-encclosed. Does does this change that if we approve this does this change the legal you know uh property appraiser square footage for
living space so to speak? >> It should. the the building department sends that information to the property appraiser and the the um the the unit size should go up as a result of of uh legalizing the structure. >> Yeah. So, it should increase their tax bill. Yeah. Because they basically got away with not paying the additional
taxes for the last 20 years that they've had. >> And it's a great it's a good point. >> Increases the home value, I think, >> in theory because it's more just curious. >> It's a good point. >> We have we have some information. Can you let them know? >> We found out about the violation. And this is also in conjunction of a mechanical equipment that was done in
the property. So maybe when the building department inspectors weren't there, they saw everything and they issued a violation together. >> So they were there was another other work being done uh mechanical. So it would be air conditioning or something to that effect. >> Yes. Mechanical equipment and
new plumbing. That's what they that's the description of the violation. So, when they went to to inspect that work, then it was noticed that this enclosure had been had been put in place. >> When I went by the house, just so you know, um because I think I'm the only one that actually goes to the properties. It's a very hidden house. It was hard for me to find actually. I know
every street on Miami Beach is kind of off of 41st Street. It's down a dead end street. Um a lot of trees, so it's kind of a hidden house. And I guess where it backs up to is probably over by the Roosevelt Theater or something like that on the backside. So, you know, I guess when it was done 20 years ago, it wasn't
didn't really impact or maybe the neighbors didn't even know it was being done. Um, is the only thing that I can think of. Um, and I guess if someone thinks they can get away with it, they try and get away with it. But I agree with Miss Nagler and I brought it up, you know, various times. Um, we don't know who the contractor was 20 years ago because they didn't pull the permit. Um,
you know, we can't assume that they're using the same the you know, I mean, it wouldn't wouldn't be on record. It would be on the permit or not. Yeah, >> he contact us to help him um to fix all of this >> as a contractor's company.
>> Yeah. >> Now we submit uh everything mechanical work, plumbing work and new electrical work to be in compliance. We have like a process number right now running to the building department and we are approved
in all the disciplines. We only need to get approved this adjustment to get the final approval for for signing. >> When you say he's asked you to help him fix it, are is it just the violation? Is there other things that need to be changed within the structure?
>> No. No. Um but when you install like uh AC units like individual one like you need like electrical work, you need like to run pipes to out the house. So we we need to fix all that is not in compliance to be in compliance with the
new code. >> Okay. >> Okay. Any other questions? >> Okay. Any any motions? >> Go ahead. Turn on your mic. So >> motion to move forward. We have a motion to approve um the after effect variance
as requested by Miss Morelli. Do I hear a second? >> Second. >> Second by Mr. Silvers. All in favor? I >> I >> at Naz. >> Okay. One nay. The motion passes. Okay. Thank you. Thank you for coming,
>> Mr. Davis. >> Mr. Davis was a nay. Okay. Uh, next item is going to be ZBA25-0190 511 Pine Tree Drive. Uh, Alejandra. >> Yes. This application has been filed requesting a variance of the maximum height of mechanical and electrical
equipment as an allowable yard encrushment to allow for the construction of a mechanical equipment and a generator on a parcel with an existing architecturally significant single family home. >> Okay. So, this this is uh a very interesting property. Um the home the
property contains an architecturally significant home. Originally that home was located um towards the eastern portion of the lot fronting the Indian Creek Canal. The home I believe last year maybe the year before the architecturally significant home was moved to the front
of the property. U they actually had a special event out there. It was it was fascinating to see them lifting a home on a on a on a tractor and and moving it to the front. Um they're then constructing uh a new home towards the rear of the property where the old home once stood. Um the the architecturally
significant home um was originally built in 1927. Um they because it's architecturally significant, the zoning code provides them with several incentives um including extra unit size, extra lot coverage, setback um allowances for
setback encroachments and and and a whole slew of other other incentives. Um the applicant in this case is requesting a variance for the height limit for um the height of mechanical equipment that's located in a required rear yard. Um the applicant will be placing um a a
generator and other related electrical equipment um um to to sustain the home in case of a power outage or any other issues. And that electrical equipment um is 2 ft higher than what the code would allow that equipment to be when located in a sideyard. Most of that equipment is
located within the buildable area and can exceed that height. Only a fraction of it is located within the setback. I think maybe 2 or 3 ft of it are located within the setback. Um, and given the scale of the home, the size of the property, the size of the equipment that
is necessary to maintain that home, the applicant does have a practical difficulty and a hardship. Um, and also the fact that they're maintaining an architecturally significant home. the all these factors generate a hardship for the applicant and staff is supportive of the granting of the variance. >> Thank you. Any disclosures on the dis.
>> Okay, with that uh Mr. Riley, I'll give you 10 minutes to present. Is that good? >> Thank Yes, Mr. Chairman. Um I appreciate it very much. For the record, my name is Bill Riley. Office is located at 16343 Southwest 256th Street, City of Homestead. So, it was a a a trip to get
here this morning um with the traffic, but I'm very delighted to be here and I'm very honored to be able to represent this applicant, Pineree Development LLC. The uh principal behind the entity is Mr. Russell Weiner. Uh Mr. Russell uh
Weiner is a self-made uh very wealthy individual. Um he was the inventor and founder of Rockstar Energy Drink. uh when he came across this property uh several years ago, he really was fascinated by the Irvin Collins uh his
history of the property. And even though he was allowed to demolish the home because it was not historic, even though it was part of the Collins estate, um he elected not to um uh demolish it and preserve it and reposition it with
working with your professional staff to the front of the property. Um so it's highlighted along the street frontage. Um, I want to thank your professional staff, your city attorney's office, uh, for working with us throughout those years, um, on that item as well as this
application. Um, this is for an emergency standby generator be located just um, next to the recently moved um, architecturally significant home on the north uh, west corner of this property.
Um, it will be behind an existing masonary wall. um it will be behind lush landscaping. Now, in addition to that, it has no impact with any neighbors. The reason for that is because the neighbor neighboring property to this site, you may have recalled, it was uh owned by
Richard Mel at one time and it was a point of contention because it was a property that never was eligible uh to obtain a certificate of occupancy. Um and there was a lot of code activity associated with that property. Well, uh,
Mr. Winer also was able to purchase that property just recently. Um, he was able to demolish that, correct the code violations, and he also assembled the adjacent lot. So, he is now the neighboring uh property owner to the subject property that we're talking
about today. The only other neighbor is located across Pine Tree Drive, which as everybody knows is a four-lane thoroughfare. And that neighboring property um is not going to be impacted by the emergency standby generator, which you will not be able to see from
the street frontage, but they also have lush landscaping on their property and canopy trees located there as well. Now, with that background, um we have a full presentation. I'm joined today by our project architect uh Christopher Fernandez. Um he's has the plans
prepared. We can go through the slides and and provide you with a full presentation or we're happy to re rely upon staff's recommendation um of approval uh which we were able to earn uh through working with their department
for a period of several months. Um it's whatever discretion of the board is. Um but if you would like me to turn it over to the architect, we can start the presentation of the slides. >> Okay. Um yeah, normally once you board, you okay? You want to see the presentation? Uh you you okay on time?
You can do it in less than six minutes. >> Yeah, I'll make it pretty quick. >> Okay, let's do it. >> All right. So, in this rendering, we omitted all the landscape just so you can see exactly. Um, so right in front of us, um, if you can see my mouse, this is the Collins House historic project
that, uh, that the client moved to the front, the generator is actually located right behind here. There's this little notch out here, which is a dedication we gave to FPNL where they were putting a transformer. Our generator, this is our
Okay, it's multiple. I don't know if they have all my The presentation's not on here. >> I'm sorry. You >> No, my whole presentation's not here yet. Anyways, um so behind this is the transformer. The
gender is actually located right behind that and it's being screened. So from the front view, you're not going to see anything. We're also going to have a lot of lush landscaping in the front, so it's going to completely mask it. Um, one thing to note is this project is made of two blocks. 100 ft by 200 feet
like or like the property next to us. If you were to do the 20% setbacks on it, it's 12 1/2 ft. And we're currently 15 15 plus or minus feet. So, we're if it was just a 100 foot wide lot, this wouldn't be a concern. But it it is a
200 foot lot. Um, and that's it for my presentation. Short and sweet. >> Yes. Um and with that we will uh conclude the presentation. We're here to answer any questions. And again I really want to thank uh your professional staff
working with us on this property and the assemblage of the properties. It's been a been a very pleasant and uh rewarding endeavor. So thank you. >> Thank you. Um let me open up to public comment. Do we have anybody on Zoom? Mr. Madden. >> We have no hands raised on Zoom.
>> Okay. Go ahead and close the public comment. Open it up to questions from the board. >> No question. >> Okay, Mr. Silvers. >> Um, I'm try to get this clear. The adjacent property the applicant
purchases building. >> So, yes. Yes, sir. Uh, so you see that building that's on the slide is no longer there today. Uh, it was recently demolished. >> They knocked it down. >> Yeah, we knocked it down. >> Completely demolished. The gates are down this morning also on the front. >> It was actually all illegal. They never
had a permit and they built the hole. >> So, the city's been trying to remove it for a while. >> Congratulations. >> Thank you. Thank you, sir. Appreciate that. >> Okay, that was my question. >> Uh, any other questions from the board? >> I'll just make a comment. Um, it's a
great house. The old house I was in it years ago growing up as a kid. I think it was called Rossville um at the time. Yeah. And I go by I go by every day, you know, on the on the way home from the office and it's just amazing, you know, the amount of money that Mr. Winer is investing in that property to restore it
and and to move that building. It's just incredible. Um >> Yes, sir. >> You matter fact, when I was doing the agenda review, you know, Mr. Matt and I were talking, I said I says I said, "You know who owns that house?" And I told him and I sent him I sent him, you know, I Googled it and sent him and just it's just amazing amount of money, you know, and I'm only saying that because the
amount of money that that this applicant is investing in the city of Miami Beach, you know, and and really doing the right thing, um, which we which we wish, you know, everyone did the right thing, right? >> I really appreciate you making those comments. A lot of people don't appreciate it or don't understand it,
but it's a lot less expensive uh to tear it down. Y >> um it's much more expensive to preserve it and to relocate it where people can actually see it and enjoy the historical architecture. So I think thank you for that. >> But you guys weren't the reason why we all that work was happening in the street in front of it for like the past
year and a half cuz that was >> No. No. So it was it was it was partially us partially this uh the county. Um so we had to connect this was the last property that wasn't connected to uh water and sewer. Oh, that's >> um and the ML house uh that was there
was never connected to water and sewer. Um so now we have a fully connected city uh to sanitary sewer. Um this was the last one. So >> that was a big project. I mean that was a big project. >> Yes, sir. >> Um Wow. See, now they know what I'm talking about because we we all deal I
dealt it every day. But >> Yes, sir. It's over now. >> But but it's all good. It's all good. No. So no. So thank you so much. We we really appreciate Mr. Warner doing the right thing and appreciate you coming for the presentation. >> I'm like three houses away. There you go. With that being said, any motions? >> Move to approve.
>> Okay. Moved by Mr. Davis to approve variance as requested. Second. >> Second. >> Um, I'll give it to Miss Silverman on the second. All in favor? >> I opposed. Again, thank you very much and, uh, thank you. You know, Mr. Wino, if he's watching, thank you for your investment in the city of Miami Beach.
Thank you so much. Thank you so much. >> Okay. Um, our next meeting is going to be November 7th. Um, Mr. Man, can you give us kind of an idea? I know it's kind of a moving target now with these continuences, like what that meeting is going to look like as far as items.
>> We have, sorry, we have one, two, three, um, three. There should be three items on the agenda. >> Three, four items. New applications. No, no. >> No, this that includes the continuences. So for new applications, we have one one
new application and then we have two that were continued to the November meeting. So three total. >> Okay. Um any other questions? Board good and welfare. Thank you so much for coming in. It was a good meeting. Appreciate it. And have a great rest of your day everybody.
Motion to close the meeting.