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5 4 3 2 1. >> Good morning everybody and welcome to the January 9th board of adjustment meeting. Um I hope everyone had a great holiday and I want to wish everyone um here and watching a happy and healthy new year. Um I just want to give bring
you guys up to date. We had to cancel our December meeting. So, um, I just want to procedurally make sure everyone that's watching and all my board members understand procedurally what's going to happen in the next few minutes. Um, I'm turned out. I've been on this board for six years. I've chaired it for four
years. It's been awesome. Uh, December technically would have been my last meeting as the chair, so I got cheated a little bit, right? No, it's okay. Um, so, um, I of course have to step off the board. So, we also have some board members that are up for reappointment
and it's up to them if they want to apply for reappoint. Um, I am the only one that is actually turned out. So, what typically happens is any openings or existing board members that um are up for reappointment that want to uh reapply for their seat, keeping in mind
there may be other people that will be applying for that seat too cuz you know the other residents can apply for it. Those are typically done in the February meeting. So, the reason why I'm still able to be here, um, and those board members who whose um, term was up in
December, but they're not term limited out, is there's a 60-day rule. The 60-day rule says that once your term expires, um, or if you're termed out, um, you have 60 days to give the city the opportunity to have other residents
apply and have it it goes to a commission meeting because this is not to remind everyone, this is not direct appointment from a commissioner or mayor. this has to go to the full commission um you know for appointment and again sometimes I know when I first got on there was someone that was in the seat that applied for reappointment and
and and I went ahead and applied and and got the votes to get on. So um I just want to make sure everyone understands procedurally um because I had some questions from the board members um you know before I proceeded anyone have any questions um about that? So, you know, we're I could possibly be back here in February. Probably won't cuz typically
by February they're they're appointed. But, um, does anyone have any questions about that that I can answer or staff can answer before I proceed? >> And Janet, you're you're on fire this morning because I'm I'm ready for you on that. So, um, okay. So, uh, Mr.
Naggler's good. His term ends 1231 2026. Um, Mr. Silvers is up for reappoint. He's not term limited until 2027. Janet, you're up for reappoint. Your term limit is 2029. Um, I'm termed out. Um, uh, Miss
Morelli, your term ends 2020. I'm going to say 2020, it's December, the end of the year, 1231. Um, your term limit is 2030. Uh, Mr. Krennic, your term ends December 31st, 2026. Term limit 2029.
Mr. Davis, uh, term ends to ended 1231205. his term limit is 2029. Um, and I don't think it's important and probably not proper protocol to ask the existing members in a public forum if they're going to apply for reappointment. I don't think that's relevant at this point. That's that's your own personal,
you know, privilege on on what you want to do. You know, I would hope that that that you would. This is a great board. I I have enjoyed it in all my community service and years giving back to my hometown Miami Beach. And for those of you that don't know, my dad shared the zoning board of adjustment for many years. and we're I think we're the only father and son in the history of the
zoning board of adjustment to have both chaired the zoning board of adjustment and it's uh it's been it's been it's been real rewarding. Um does that answer uh board members questions or any other questions for staff that we can answer? I hope did I cover that. Okay.
>> Just just like we practiced uh Mr. So it's all good. Um so um I'm going to take a short privilege because again you know I really enjoy this. I I have to thank you. My boss tells me it takes a village. Um this is not ceremonial. When
you come up here, you know, there's a lot of work. You got to do research. And when you take over the chairmanship, it's additional work, which I have no problem doing. Um but I couldn't do it without support of the mayor commission. I was reappointed three times, and I really appreciate the mayor and the commission support. And I'm not going to name any individually because there has
been some commissioners that aren't here anymore and and all that. I just want to thank everyone that supported me as I came up for reappoint. Um staff, you know, staff is great. And I'm I'm going to name there's just a few. Um Michael Belalouch was this was up here with me when when when I first became chair. Um
and he was great. Rohilio love working with you. Roilio and I talk a lot. We do a pre-aggenda review, so we spent a lot of time together. I appreciate your support. Um Nick, I think was actually up here on the dis when I originally got here. So Nick, if you're watching, thank you so much. Um Steve, thank you. And
I'm not saying Mr. Attorney because this is from me personally. Thank you. We've talked various times. You've guided me and advised me. I guess kept me out of trouble, which which which is a good thing. Uh Miriam, I know Miriam somewhere here behind the scenes. Thank you for always following up on all my emails and everything. And Alejandro, um
thank you so much. Um I really appreciate it. Um to to my board members, um past and present. Um you guys are great. Great questions. Kept me on my toes. I really enjoyed all the different board members that have passed through here. And probably last but not least, but the most important, uh my
employer. You know, I have a job, First Horizon Bank. I've been lucky, you know, to work as a banker in my hometown, Miami Beach for 35 years on 41st Street. And First Horizon Bank has always supported me in all my community endeavors, and I really appreciate them. I want to publicly thank them for the support that that they've given me. So,
get a little emotional. So, with that, the first thing we need to do, um, and and you do this every January, um, we need to appoint a new chair and a vice chair. Um, so with that being said, um, I'd like to take a little bit of of a prerogative. Um, when
you're the chair, you can't you can't do a motion. Um, um, and you there's certain limitations what you can do, but you can you can you can hand the gavl over to your vice chair. You're still my vice chair. Okay. Because we don't have a new a chair or vice chair yet. So, I want to hand the gavvel over to you for a minute, Mr. Mr. Vice Chair. So, assume
you got a gavl. Um, and I'd like to um I'd like to nominate um Sarah Mlly to be the next chair. >> And um >> do we have a second? Uh, she has to she has to accept the nomination first. >> You have to accept the nomination.
>> Sure. >> Okay. You got to see if there's a second. >> Do we have a second? >> Second. >> Call the question. All right. >> Call the question. Anybody comment on anything? Um, all in favor. >> All in favor? >> I have to see if
any opposed. >> Okay. So, so, so, so what I'm going to do real quick just to make you um >> what actually No, I'm I'm going to hand it over to you. You you go ahead now as the chair. You will open up nominations for vice chair, Miss Morelli. >> And you go ahead and handle that.
>> I'd like to open up the nominations for vice chair. >> I'd like to nominate Janet Silverman. >> Do you accept? >> Oh, sure. Yes. I'll second. >> You can't. You're the chair. >> Is there a second? >> I'll second. >> Second by Mr. Davis.
>> Oh, look. It's women. >> A question. >> You got to call call a question. >> Oh, >> all in favor? >> I >> I >> I knew at this. >> No opposed. >> Anyone opposed?
>> Okay. >> Thank you. >> Congrat Congratulations. Do you want to come sit here? I'm happy to go down there. You should really be in the middle of the I'm happy to come down there. Um, I'm definitely going to need some help with this one. >> I'll change seats with you. You change seats with me? >> Yeah. Why don't we do that? Yeah. Come on down.
>> I'm so glad my son's here. >> Don't forget about Okay, congratulations. >> Thanks. I'm like a little nervous. Now we're going to start the meeting, I
believe. So, Mr. Mr. R, you want to call attendance? >> Absolutely. Yes. So, good morning everybody. Uh, congratulations, Mr. Pomelly, on your appointment as the new chairperson of the board of adjustment. Um, and I'd like to thank, uh, Mr.
Goldberg for for your service to the board. It's been an absolute pleasure working for with you. Um, and we're going to miss you. Um, so with that, I'll I'll call attendance. Um, so Mr. Goldberg, >> here. >> Mr. Davis, >> here. >> Mr. Krennic, >> here. >> M. MLI
>> here, >> Mr. Naggler >> present. >> Miss Silverman >> here >> and Mr. Silvers. >> Uh, I can confirm we have a quorum with seven of seven members present. >> Um, can you swear in the Oh, sorry. Can
you swear in the public and let us know if there's anyone on Zoom? >> Sure. Um, Madam Chair, uh, but first, um, Mr. Goldberg, I just want to also say thank you and also as a city attorney update say, you know, we hope to see you on another board sometime. >> I'm not going away. You you will see me
again. >> Might take a couple months break. >> Okay, great. >> Well deserved break. >> Thank you. >> Good morning all. Today's meeting of the board of adjustment has been scheduled in a hybrid format 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 Zoom may dial 888853-5257 and enter the webinar ID which is
8286961-539 or log into the Zoom app and enter the webinar ID which again is 8286961-539. Any individual wishing to speak on an item must click the raise hand icon. if they are using the Zoom app or dial star9 if they are participating by
phone. Before continuing on and swearing in those that will be testifying, I'll remind all about the city's lobbyist registration requirements. 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 behalf of yourself and not any other party or if you are testifying as an expert witness providing only scientific, technical, or other specialized information or
testimony in this public meeting. Or if you are appearing as a representative of a neighborhood association without any compensation or reimbursement for your appearance to express support of or opposition to any item. Expert witnesses and representatives of neighborhood
associations shall prior to appearing disclose 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. So, at this point, I'd like to swear in the members of the public that are here that are going to be testifying. For those that are participating via Zoom, I'll do it
individually as the case is called. So, all please stand and raise your right hand. Do you swear or affirm that the testimony you'll be giving in this proceeding is the truth, the whole truth, and nothing but the truth? >> I do. >> Okay. Thank you, and please be seated. >> And with that, Madam Chair, I'll turn it
over to you. Um, I want to make sure everyone saw the minutes from the November 7th meeting and there's any questions or comments. If not, I'm going to assume everything's correct and >> motion to approve.
>> Second. >> Okay. >> Call the question. >> You got a call question. All in favor? >> All in favor? I >> I. >> Any oppose? No. Passes. >> We're good. It passes.
Um, next there we have a continuence. Is that from >> do we >> the previous any request for continuences? >> Oh, any requests for continuences? >> We have no requests for continuences today.
>> Um, okay. So, we have a previous continued application. ZBA250189 1631 West 28th Street. Can you please uh let us know? >> This application has been filed requesting a variance of the rear yard setback requirements for the
construction of a parallel court on a parcel with an existing single family home. >> Okay. So, um this item um was on the agenda on the October 17th, 2025 uh agenda. Uh the item was listed under request for continuances. At that time,
the board continued the item to the December meeting, but since that meeting was cancelled, the the item has rolled over to today's meeting on on on January 9th of 2026. Um the the this is a site that is a 20,800 foot lot. Um it is in
the RS3 zoning district and located on Sunset Island number one. Um the lot contains an existing home built in 1936 and the applicant is looking to construct a paddle court um in the rear yard. Um the court is being constructed
in an area where paddle courts are permitted in the rear setback. However, they have a few constraints um that limit their ability to to build the court precisely where they want it. They could build the court if they put it up against their pool or elsewhere on the
site. um without the need for a variance, but it's really an impractical location. It's really um an area that um that makes the lot um um not really usable uh in the way that someone would expect. Um so the the uh applicant as a
result of that is requesting a rear setback variance. The applicant is requesting to reduce the rear setback um which is required to be 24 feet by 16 feet 6 in and they're reducing it to 7'6 in in order to construct that paddle
court. The issues that the applicant faces are the 70% uh required rear yard open space. Um the applicant um would be by by locating the paddle court in the rear yard would be slightly above um um
sorry they would have slightly below the required rear yard open space. Additionally, half of the court falls within that would falls within that rear yard. And the um regulations for courts located in the rear yard have limits on fence height and and um and lighting
that the applicant um could have some issues with that they can comply with on the on the portion of the paddle court that's not within the setback, but they would have issues on the portion of the paddle court that is within the setback. Um so the applicant does face some practical difficulties um and hardships
as a result of these of these issues. Um they are permitted to have a paddle court in the rear yard. Um and so in order to address the practical difficulties that they face, they're seeking a variance and staff is not opposed to the granting um of this variance. Um however, we do have some
concerns. We've received some concerns from neighbors um regarding sound impacts and lighting impacts of paddle courts. So, as a result of that, um, we have included some conditions in the attached draft order and the applicant has passed out some conditions which I
believe we have handed out. If everybody, if anybody has not received them, please let me know and we'll make sure you get a copy. Um, so the conditions that staff has included in the draft order include that the walls of the court shall include acoustic barriers or be constructed with noise dampening materials to provide sound
mitigation when the court is in use um, in a manner to be reviewed and approved by staff. um require that the paddle court surface shall be constructed with regulation paddle turf on top of a concrete base or other noise attenuating material to provide sound mitigation when the court is in use in a manner to
be reviewed and approved by staff. Um the applicant shall construct a solid perimeter wall measuring a minimum of 7 ft tall along the rear and side interior lot lines measured from grade to provide for additional sound mitigation in a manner to be reviewed and approved by staff. require that accessory light
fixtures associated with the paddle court shall be erected so as to direct light only onto the premise on which they are located. And then the paddle court shall not be used between the hours of 9:00 p.m. and 8:00 a.m. 7 days a week. Um and additionally, all light fixtures associated with the paddle
court shall be turned off um between 9:00 p.m. and 8:00 a.m. 7 days a week. Um the applicant has provided some additional conditions, but I'll I'll let the applicant um explain those. So with that, staff recommends that the application be approved subject to the conditions in the attached order. >> Um before we begin, is there any
disclosures that anyone wants to say? >> No. Okay. Is um you what is 10 minutes? Okay. >> Yes, it should be plenty. >> Um can you state your name and >> Good morning. My name is Tracy Slavvens. My address is 3800 Northeast 1st Avenue,
Sweet 200, Miami, Florida. I'm here on behalf of Jamie Elias. He's the property owner at 1631 West 28th Street. He's lived in this home for about 10 years. Um, and he's making some improvements to the property and including additional landscaping and and redesigning of his
his backyard and front yard. Um, and as part of that is proposing to add a paddle court. As staff suggested, um the court could fit within the setback, but this is an oversized lot and the way the regulations would apply to this property
in particular creates some practical difficulties and hardships that require us to ask for a variance to appropriately locate the court. Um as was also mentioned, um we have worked with our neighbors extensively. Um at
the end of all of our negotiations with them, we have um submitted approximately 18 letters of support or no objection. Um and we've worked very hard with them to make sure that the operations of this court don't impact or affect their
quality of life in any way. Um so we have submitted conditions that would be new conditions for section B of the draft board order and these five conditions uh six conditions would be
substitutes for B3 4 5 6 7 and 8. Um and I'll I'll walk you through a little bit of the presentation and then hopefully that will help us get to these conditions. So here's a an image of the property. As you can see, um the home is
located on the corner of West 28th and Sunset Drive. Um it's a double lot essentially. Um it it the it's a 20,800 foot lot. The abuing homes on the east side are each 10,400 square ft. For some
context, the this is the front facing Sunset um West 28th Street. And this is the view of the backyard as if you were looking from Sunset Drive into the property. So, as you can see, there's a sizable backyard with mature trees, a pool, a
deck, and a lot of landscaping. Um, but this will all be enhanced with the addition of the court. Um, this diagram shows you our variance request. Um, as mentioned by staff, the required setback for a court is 7 feet 6 in, which is
allowed as an encroachment into the rear yard. But the rear yard also serves as a setback line for the main building, which uh for this property is approximately 24 ft. These are some renderings of the court
from the view of the pool in the back and the deck in the backyard. Um, as you can see the way it's designed, it maintains the mature landscaping and adds additional hedging to the north property line and there are there's room for trees and landscaping between the
pool deck and the court itself. Here's um some views as well. The the image on the left is actually the the rendering of the photograph that I showed you a few slides back. And then um the image on the right shows the
landscaping along the north property line and then the space between that and the court itself. This is the view that you would see from Sunset Drive. Um the idea is to totally obscure the court with landscaping so that it's not
obvious to anybody passing by that there is something back there. And this is our overall landscape plan. The areas in color are what's subject to this application. The areas in gray show the additional landscaping being planted.
Um, and on the right you see some of the material samples for the court itself. So, we worked very diff very hard with the neighbors to make sure that we have um terms that make sense for them and for us. Um, and essentially those are
the addition of a 7 foot concrete block wall along the north property line where we have the longest border with any of our neighbors. Um currently that wall is about 3 ft tall. So it would be you know added to create more sound attenuation
and barrier between the the two property lines. Um in addition to that we are proposing to add noise attenuation panels onto that wall on our side of the property um that may extend up to a foot over the wall itself. Um, we have
lighting restrictions so that the light spillage is absolutely minimized and stays completely within the court. Um, the lighting design will be similar to that which you see at Indian Creek Country Club if you've ever been there. Instead of having pole lights that shine down on the court, they have a lighting
system that travels along the top of the fence line so that there's no additional height added to the court. and our designers are going to mimic that concept and place it here on our court as well. Um the lights will be turned off by 7:30 PM every day and on Yum
Kupur they will be turned off at 6 p.m. Um the glass being used on the court is um an an enhanced glass that is meant to be sound mitigating acoustical glass um with a minimum of 6.6 6 millm total thickness and a landscape buffer
actually has been planted along the north property line. I'm sorry, currently along the west property line and will be planted along the north property line when the court is completed. Um, here is a picture of the Indian Creek lighting for reference. Um,
as you can see, it's very much a minimal situation and the lighting is is lower than what you would see in a typical court setting. These are the support letters and no objection letters that we had when I turned in the presentation, but there
have been four more provided since then. So, we have, as you can see, worked with everyone around us to the extent possible. Um, the ones that are in gray are folks that we haven't been able to get in touch with, but um, as you can see, the the residents with the closest
and longest borders to our property have voiced their support of this application. So, with that, we would ask you to please approve with acceptance of the proper conditions and determine that this application has met the requirements for the approval of the
variance today. Thank you. Thank you. Um, with that, open to public comment. >> Anyone on Zoom? >> If you're on Zoom, please raise your hand if you'd like to speak. I see no hands raised.
>> Um, please state your name and address. >> Yes, excuse me. My name is Tucker Gibbs. The law office is at 3835 Utopia Court in Coconut Grove, and I represent uh Mr. Robert Herzburg who lives and owns the property immediately to the north. Um my
client and his neighbor has after numerous meetings have resolved their differences and as a result my client supports this application and urges you to vote for the proposed paddle wall court. Thank you. Thank you.
Um with that no one's on Zoom. >> No one's on Zoom. >> I'd like to open to the board for any comments. So, are any of the neighbors that you've gotten in touch with and worked with, are there any that are opposed to this plan at this point?
>> Um, the three neighbors in Gray had filed opposition letters, uh, but they've been out of town and we have not been able to contact them. Um, but as you could see, and I can go back to that slide, um, they do not share a property
line with the property except number 16. They meet at their corners. Um, so the the two property corners touch, but there's no length of property line that abuts our property. And and for reference, number 16, that house has
been for sale, and as of yesterday, it's under contract. So, it could be that the current owner doesn't care anymore and hasn't responded to us because he's moving. >> Was there original um objection about noise, like things that you've addressed in this application? >> Yes, noise and lighting.
>> Okay. Thank you. Any other questions? >> This for the city. So if there is if there are complaints about noise, those would come back for us. So those would go to code. How would that work? >> Um they would go before code
enforcement. Um they would be subject to the noise ordinance in the city code. Um so if if they are exceeding the limitations of uh of the noise ordinance, code enforcement would could issue a violation. Um and then they'd be subject to your board to your other board. >> Correct. And but if the if the violation
was potentially that they were keeping the lights on too long or playing past those hours, would that come back to us? >> That would be a violation of the variance and that would that would uh be subject to enforcement through this board. Yes. >> Okay. Thanks. >> Any other questions?
>> Madam Chair, um couple things. So just to remind everyone, um this has been noticed and renoticed. So, um, if you remember going back to the meeting where we had some people come to present because they were going to be out of town and they weren't going to be here. We had a lot of letters in opposition.
Um, so I don't have an issue that there's three that haven't been able to get in touch with because they've been noticed and they had fair opportunity really over three over a three-month period um, to do that. Um, one thing and and this is maybe more and I don't know if this is proper protocol, but I just noticed it and I I I don't want to get
into a discussion with our our our new application which is is similar. It's a paddle ball court, but we have to be careful and and maybe I'll defer to the city attorney or or Mr. Madden. You know, the problem for here is the paddle ball court will will not be used between
the hours of 7:30 and 8:00 a.m. Our application that we're going to hear shortly similar has that 9:30 to 7. So, I think we need to be extremely careful in setting a precedent uh because once you approve certain
hours for them, anyone in the city that wants to do a battle court is going to say, "Hey, wait, but you did it for them. You got to do it for me." So, I don't know legally, Mr. state attorney if we need to be careful of that. I mean, without getting into a discussion on the new application, but you know, you can't have for one and not for other
different hours. The way I look at it, >> these hours was were shorter than what the >> I'm not saying shorter longer is really not the issue. But to me, citywide, if you you're going to continue to have people buy these older houses in Miami Beach, high net worth people, knock them down, and they don't want to paddle.
This is not this is like not the first or the second one that we've had. So, it's going to be an issue citywide that's going to come up because believe me, there's a lot more homes out there, you know, that people going to sell it because they're gonna they're not going to have a choice because if you don't listen, my dad's on 59th and North Bay
Road. You got all these mega houses that built up around him. He's going to have to do something one day because he's down here. He's going to get flooded regardless. So, people are going to sell their houses down the road and a lot of these high that's the new thing, paddle ball courts. So, I just think we need to be careful and I'm not saying we need to have a motion or this or that. I'm just
want to put on the record that we need to be careful what we're doing because it really needs there needs to be some consistency if we're going to have paddle ball courts all over Miami Beach on residences um as to what hours they're going to be permitted. I I just wanted to make sure it was on record. I
I don't want the city to be put in a position. >> Right. Well, I'll I'll defer to staff on that because the recommendation was the not the later time period and I don't know if that's what everyone else has. They're just offering because of the disagreement with the neighbors to even roll it back to an earlier time so that
between 7:30 and 9 there would be no lighting. >> Yeah. >> And if I may, Madam Chair, um you know, variances should be looked at on a case-byase basis and so in this case, you know, we had concerned neighbors. We are working very hard to be good
neighbors. Um you know, Mr. Elias has lived here for over 10 years as have you know the Herzburgs and the Seitses and the Russes. These neighbors have lived next to each other for a very long time and they care about each other and want to make sure that everybody's happy. So
you know in this particular case it was appropriate to shorten the hours recommended by staff. Um obviously it would be nice to have longer hours but in reality my client doesn't think he needs them. So, we were, you know, happy to offer the the shorter time frame and
that may not be appropriate for the next application. >> Yeah, Matt, do the chair. Yeah, I agree. Um, council, you're abs you're absolutely right. But I just wanted to be on record that this is not this is going to come up again. So, you're absolutely right. Each each case is got to go on its own merit and if a neighbor
doesn't complain and someone else will be in power court and they don't show up, whatever hours they do, they do. So, thank you for clarifying that. Thanks, Madam Chair. >> Uh, do you have any more questions? You said you had a few things, Mr. Wil. >> No, no, we >> Okay. A few things. >> No, that Well, no, I'm good.
>> Uh, any other questions? >> Yeah, I got two. Just to piggyback on that. So, what were they short shortened from? >> The hours. >> Um, we had recommended 9ine and they're going down to 7:30. >> But where does where do those initial numbers come from?
>> Uh, just a reasonleness. staff felt that uh 9:00 p.m. was a reasonable hour to to cease making noise and to not impact uh people's ability to see sleep. >> So what it was shortened from that's sort of the reasonable baseline across the board standard is a starting point and then we go case by case from that
correct for the record. >> Correct. But there there is no adopted standard. Um and and based on some of the comments that I'm hearing, it might make sense um to have a provision that in the future, should the city decide to regulate paddle courts um and the
regulate the hours for lighting and and and things like that in the zoning ordinance, to have a provision that um that should the city restrict it further that the that the hours will be restricted pursuant to city code if that were to happen in the future. >> Right. And that that goes uh I I guess
I'll defer on that because that's your issue, but I mean that wouldn't um happen as a matter of law. That would this this will be grandfathered in, but for that clause, >> correct? So, I'll defer on that issue. Um I did have one other question once we're done with this issue, though. That's generally the case. If you have a board order that grandfathers something
in, if the city code becomes more restrictive, you're grandfathered in with those hours. So, it may be good to have a provision um that says should the city in the future regulate hours further, those hours would apply. a motion to >> do you need a motion for that?
>> Whenever you have the motion to approve, um you can decide if you want to include the condition suggested by the applicant and include that provision as well. >> But just to be clear, those hours would only apply if they restricted further. They wouldn't increase the hours. >> Correct. >> Right. I I had one other question for the the dots the dot slide. Sure. Can we
put that one back up? >> Sure. It's on my screen. It just has to go up there. >> I I just can't like stop. I so see number 14 which is fur like see the house between 14 and five >> yes >> 14 is further from than the one in
between 14 and five why does that house not get a dot >> they no one was able to contact them um they didn't submit any letters they didn't answer our inquiries so >> you reached out to them and same for the other house that's immediately adjacent to five but on the other side
>> correct >> thank you that's all we got >> um Any other questions from anyone? I just want to say I'm happy you guys were able to resolve that because I know it's a >> hard battle. Um, with that, I'd like to open
>> motion. Oh, >> sorry. >> Um, I think we forgot to close public hearing. >> Close. >> My first time be >> It happened to me. I I hear you. I feel your pain. It's all good. You're doing great. You're doing great. >> Okay. We're going to close public comment. And with that, I'd like to enter a motion to
>> I'll I'll motion to to approve as presented with the added amendment that Mr. Madden said. I think that that was that's a great resolution that that really is the right thing to do. So, it's on record because it's going to come up down the road. So, um so I motion to approve.
>> Make a second. >> Is that with their conditions or the staff's conditions? >> With their conditions. >> Their conditions. >> Well, the ones that they're replacing because there's two of the staffs that they're keeping >> right. It's the additional those two from staff and their amendments >> plus the additional
>> com. Tell me if I'm wrong, but I believe because I read their application last night and I just read quickly their conditions are more restrictive than the staff's conditions. >> Correct. Correct. >> That's why I just wanted to clarify the motion that more restrictive ones. >> Y
>> So you got a first and a second by Mr. Silvers. >> Go ahead and call the question. All in favor? >> I >> I >> I >> I. Any oppose? >> No. >> Motion. Motion passes. >> Motion passes. >> Thank you very much. >> Congrats.
Next up, we have ZBA250193 2120 Lucorin Avenue. This application has been filed requesting a variance to reduce a front yard setback for a proposed two-story home on a vacant lot.
Okay, so this is um this is on Sunset Island number four, so a few islands away. Um this is in the RS4 district. It is a 7,66 foot lot. Um so it's a much smaller lot than the than the previous property that we just discussed. Um in this case, the
uh the applicant is seeking to construct a new two-story single family home um with an accessory paddle court. Um the paddle court um if if you look at the site plan uh occupies a significant portion of the lot. It's it has a larger
footprint than the home itself. Um uh so the applicant in this case in order to be be able to fit the cord in is requesting a variance of the front setback. The code requires a 30-foot setback for two-story homes. The applicant is requesting to reduce that to to 20 ft which is what the code would
require for a one-story home. Um the reason for that is is is because of the the the the size of the lot in order to fit the court that would be the dimension that they that they would request. Staff does have concerns um with the requested variance because it
does result in the paddle court being larger than the home and the primary use of this lot of a single family single family district is supposed to be a single family home. So it almost feels like it's a court with an accessory single family home. Um staff um is not recommending a denial at this point.
Staff feels that we could work with them um to to adjust the site plan somewhat perhaps um expanding the second floor can levering over over the court or or maybe doing looking at some other options um to to come up with a site
where the home is is a more substantial uh home in relationship to the paddle court. Um, however, that being said, should the board wish to approve uh the variance, we did include a draft order. Um, and we did include conditions.
They're very similar to the to the conditions that I read for the prior um application. Um, the and in addition, the applicant has profered some conditions themselves. Some of them were profered fairly early on, so we were able to include those in the staff report. Um and that includes again uh
that the paddle court uh surface shall be constructed with regulation paddle turf on top of concrete base or other noise attenuating material to provide for sound mitigation when the court is in use in a manner to be reviewed and approved by staff. Um accessory light fixtures associated with the paddle court shall direct light only on the
premise on which they are located and that the paddle court shall not be in use between the hours of 9:30 p.m. and 7:00 a.m. 7 days a week. Additionally, all light fixtures associated with paddle court shall be turned off between the hours of 9:30 pm and 7 am, seven days a week. We've also requested some
additional conditions which which I did read in the prior amendment, but I'll read them again for for this for this file, which is the walls of the paddle court shall include acoustic barriers or be constructed with noise dampening materials to provide sound mitigation when the court is in use in a manner to be reviewed and approved by staff. The applicant shall construct a solid
perimeter wall that is 7 ft tall along the rear and side interior lot lines measured from grade to provide for additional sound mitigation in a manner to be reviewed and approved by staff. And three, that the paddle court shall not be used between the hours of 9:30 p.m. and 8:00 a.m. 7 days a week.
Additionally, all light fixtures associated with paddle court shall be turned off between 9:30 p.m. and 8 a.m. Um, so those are those are the conditions that we would suggest in the event that the board is is um is is in leaning towards approving the item. Um,
and then we would add the the the item that that I discussed prior, which is should the city commission decide to regulate the hours on paddle courts even further that the more restrictive regulation would apply. Um, so with that, um, staff recommends that the item
be continued to a future date. Um, um, and I'll turn it over to the board. >> Um, any disclosures? >> None. >> I received an email from Mr. Amster with the firm and I just acknowledge receive applied acknowledging receipt of it.
>> I received one as well. >> It's a shame here. >> All right. Um, I was going to say who's going to represent, but I see Mr. I understand there's um 10 minutes. Go ahead. >> Yes, I think so. U first of all, congratulations, Madam Chair. It's welld deserved. And Michael, whatever
organization you're a part of, it always you always leave it in a better place, whether it's at the chamber or here. So, well done and thank you for your service here. So, good morning, Madam Chair, board member staff. Michael Larkin South Boulevard here representing the applicant. With me today is Richard Tester, the owner, Matthew Cohen from
Strang Architecture, my partner, Matt Amster, and my colleague Mark Riero. We're proposing a modern two-story home on this lot that's in Sunset Island 4 at 2120 Lousern Avenue along with a podel court in the rear yard. Uh, next, can
you bring up the presentation? So, we That's fine. Um, the home was tastefully designed by Strang Architecture in collaboration with our firm. This property is a narrow, irregularly shaped corner lot in Sunset Island 4. It's only 60 ft in width and
has a rounded northeast corner to the lot, making it irregular. Although currently vacant and wellkept, this lawn was lot of nuisance in the neighborhood for Sunset Island 4. After the original home was demolished in 2019, the then owners illegally rented a lot for
construction parking and dumping, the cumulative effect of which turned the property into a horrible nuisance for the neighborhood. This stayed like this for over six years. The fact that it sat on the market for that long is a testament how challenging this site is to redevelop. Next slide.
These images illustrated previous issues on the property resulting from illegal dumping and the illegal use of portaotties. And you all know how much those smell when they're not properly maintained. That added to the horror that this lot visited upon the neighborhood. Really, this site was a
staging area for construction. It was unlawfully used for the storage of equipment and and debris generated by nearby construction projects. And as you all will see, the site was treated like a personal trash can for the people who rented the site. Next slide. The prior owner also legally rented the
project for construction parking. 15 cars, 20 cars, 25 cars would park there on a routine basis. Vehicles would routinely go out into the swale to the adjacent rideway, creating safety and access concerns. And at the end of the day, the workers would all leave at the same time, causing significant blockage.
So much so that the neighboring owners couldn't leave their their homes during the exodus of the cars from this lot. Next slide. The street view really doesn't do it any justice. This aerial view, you can see we've counted, I count 26, some say 27 cars parked on this lot
at one time. And when this is the nightmare the community had to deal with for over six years. Next slide. In addition to the numerous violations, the property was subject to significant neglect. The perimeter fence was allowed to collapse and electrical utility box extended to the swale, creating a clear
safety hazard for pedestrians. Next slide. Ongoing dumping combined with trash and the landscaping and lack of maintenance had you had debris and overgrowth blocking nearby drainage and sewer grates leading to the flooding that you see in that photo. Next slide.
For years, the neighborhood put up with this nuisance as conditions became worse. Richard and Kristen moved in in 2021 directly across the street and were shocked at the condition of the lot. Richard filed numerous complaints with the city. So much so that the receptionist at the parking department recognized his voice when he would call.
The city would routinely site illegally parked vehicles and issue fines. But this meant nothing to the owner. They kept on violating the code. Next slide. It wasn't until 2025 that Richard and Kristen decided to go ahead and take on the financial risk of purchasing this
property. And they did so just shy of $4 million. That doesn't really represent fair market value. It's fair market value plus nuisance value. That's what they were willing to pay to get rid of this nuisance. And if you can imagine $4 million with $2 million of construction on top of that, no one's ever going to
pay that amount of money. This was truly their love gift to the neighborhood. And it extinguished this nuisance. and the neighbors were very very happy to see that happen. Next slide. This is located in the RS4 district. It is surrounded by numerous uh two-story
homes on really every corner surrounding this property. When the testers purchased it, they asked themselves, "What could we do with this property?" You know, we extinguished the nuisance, and that was great. We're probably the most popular couple in the whole neighborhood, but what can we do? And
thankfully they both have their sets of parents alive and the parent and the parents visit frequently. So they reason they're going to build a much smaller home in order to accommodate the parents when they visit. They also have children and the children will stay there when the children are grown and coming back
and visiting uh Richard and Kristen. And Richard's an avid fan of Pedell. So he'd like to have a Pedel court in the rear yard which is what we are proposing. The testers want nothing more than to live in a neighborhood they call home and enjoy the neighborhood with their family. Next slide. As you can see,
Richard, we deputized Richard to be our neighbor outreach coordinator, and he was a great client. He is like the Energizer Bunny when it comes to neighborhood outreach, and he went around knocking on all the doors he could, and he's he obtained 13 letters of support. Most importantly, we have
support from the immediate neighbors, Alan Kadori, to the south and the Nailers to the west. Eningga is Caddyy Corner. She's uh I I've had either conflicts or support with her for 15 or so years and Ingga decided that she's
very happy that the nuisance lot left. Uh but she wasn't willing to sign letter support. Um but as you can see throughout the Sunset Island 4 and three, Richard and Kristen did their best to knock on doors and get all the support that they could. This is very
important. Our firm thinks so because if you don't get neighbor support, things could blow up at the hearing and we always endeavor to try to get as much neighbor support as possible in advance of the hearing and thankfully with Richard's help, we were able to do so here. Next slide.
So now I'm going to turn it over to Matthew. He's going to walk you through his design for the home. >> Hi, my name is Matthew Cohen from managing partner at String Design 2900 Southwest 28th Terrace uh sweet 601 in Miami, Florida. Uh so we designed a a
smaller but tasteful home uh right at the front of the property trying to match similar setbacks that we saw in the neighborhood. A number of the other ones nearby are at the 20oot setback. Um and we'll show that a little bit further. So on the ground floor you can
see everything is pushed closer to uh 22nd Street and we have a living area and den. So this way as Michael mentioned uh Richard Richard and Kirstston Tester who live across the street are able to come. This is a portion of their space um and they will
have this as their kind of living area right in this in this portion and they can go and use the pedel which is situated towards the back of the property. We did look at flipping that, but it would have had a much greater impact on the neighborhood in that you would see you would not have the same
continuity along 22nd Street uh with a house brought straight to the front. Next slide, please. The second floor, as Michael mentioned, this is where uh the the parents of our clients would be staying. So, it has a fully usable space
up here in a small private uh living as well as a one bedroom and bathroom and a small kitchenette for them to be able to just have their own um to set some breakfast foods or anything at that time. Next slide.
This shows the uh what we are requesting as well as our setbacks. We could have gone a significant bit higher for this property, but we did want to keep it at the lower end of um of the building height at about 24 foot6 with only with
the minimum freeboard. We didn't want to bring this as a massive piece coming to the community. We wanted this to really fit in along well with the rest of uh the context. So, you can see everything is brought straight to the front. This the steps in the front do actually
represent the minimum that is needed just to get to the flood plane as well as there is going to be some raising of the roads in the future. So that would also be mitigated in that time. Next slide please. So this shows the portion that is that
we are requesting for the variance. There is there is no way to fit the minimum unit size of a house on this property um without with a pedel court as well without having a variance because it is such a small lot. It is 60 ft by 120 as Michael mentioned with a
rounded corner as well. So with all the setbacks in mind we uh we tried to we maintained everything and the only thing that we had is this one front extension. Next slide please. So this shows the context as I mentioned
with approximately with 20 approximate 20 foot setback shown as well from the aerial view and you can see especially along 20 on both sides of the street 22nd and 21st there is uh continuity for a number of the houses some of them are a little bit further back but a number
of them are set at this 20 foot because there are a number of older homes so it does keep that context. Next slide please. Yes, madam chair. Like five minutes would be great. Thank you very much.
>> Thank you. No, thank you. Um, we we work to put intense landscape screening around this as well. So, you can see every single uh portion of this is screened with a a beautiful landscape canopy. Some of these um are 18t tall bay rums. So it really well hides
everything here significantly above what might be the minimum as a requirement. We did want to overput some of that. Uh one of the conditions that is on there is for a 7 foot tall wall that would be around uh that's requested for both
sides. We we are okay with putting a 7 foot tall barrier. We wanted to request that to be a fence um a solid fence with acoustic because putting a solid concrete wall means you have to put a foundation which actually would affect negatively the number of the amount of
landscaping that we could put here. So because of the the extended foundation a a fence uh or other barrier with acoustic treatment that is solid would actually do a better job of uh allowing our landscape screening.
So these are some some images of typical pedel courts that have the glass and uh it has a higher portion at the end. We are not requesting that. We are keeping everything at the 10 foot to keep everything at um the code requirement to
be allowed to do the setback to keep everything at that 7 foot6 setback in the rear yard. Um so we did try and keep it lower. You can see here's some images of the home. It is not a accessory structure. This is a beautifully well-designed, elegant home that has
louvers. It has rounded corn. It addresses the rounded corner, and we wanted to bring that uh throughout with again tasteful landscaping, planters that are uh cascading over the top. This is meant to be an enhancement and something that we're happy to bring to
the neighborhood with an a great design, and the testers are as well excited about this. >> Great. Thank you very much, Matthew. So, with regard to the variance, when you have a two-story home, the first story can be at 20 ft. The second story under
the code should be set back an additional 10 ft. What we're requesting is a variance to have the second story be co-extensive with the first story and be at 20 ft. based on the regular shape of the property, the expansive sideyard setback along our eastern boundary, the
desire to have a paddle ball court, all combined to create a practical difficulty that would warrant the grant of this requested variance. And if you look at the nature of the regulation in Miami Beach, we're known to have very large new modern homes. So, the idea of the single family regulation is to break
down the massing of these homes. Here, this is a this is a home on a 60oot lot. It could be hardly considered a McMansion, not even a Mciggloo. It is a very small home and therefore I think that this regulation really does is inapplicable based on, you know, the
size of the home. The and the code is very prescriptive. Like in other instances, if you have a side elevation that exceeds 60 ft in length, you have to create an open space, a courtyard to break it up. I understand the purpose of these regulations when it comes to breaking down mass larger homes, but
this home honestly could be the functional bedroom of the home that you approved for Ken Griffin a few months ago. It's a very small home. What this boils down to when someone invokes a practical difficulty standard, you ask yourselves what will be constructed and will be compatible with the surrounding neighborhood. And if you look at the
home and the wonderful job that Matthew's firm has done, this absolutely fits into the surrounding neighborhood where all the other two-story homes are at the 20 foot mark for the first and for the second story. Richard has been very serious not only his neighbor outreach, but asking us to profer conditions, which we did right away.
Staff accepted those conditions, integrated them into the order, and then staff added their own conditions, which we have accepted. Now, there's my colleague Mark passed out to you a handout. The first one is that we want with condition number five, we're requesting some flexibility with regard
to instead of a solid wall, could we have a fence with noise attenuating material? Um, we talked to Roeli about that and I don't think that he objects to that modification request because the point is noise attenuation however you achieve it. The second, this is hours
operation one that Michael brought up earlier that we are asking for an earlier closion time. We had originally had been a little bit later um not later than what staff was recommending before that but then Alan Kadori and the Nailers got together came to us and said
guys we really would prefer if you shut down at 8:00 p.m. and we immediately agreed to that. So we're rolling it back to 8:00 p.m. that is referenced in the modified condition. And then we reviewed the condition in the other application you all previously considered with
regard to lighting. And Richard agreed that he could have the lighting that's at the Indian Creek Country Club. He thinks that's fair. It's better for the neighborhood. So with that, I'd like to turn over to Richard Tester just for two minutes, Madam Chair, and have him see
like to make some remarks to you all. >> I'll give you three minutes. >> Thank you, Madam Chair. >> Thank you. >> Thank you. And uh thank you everyone for taking the time to uh hear this uh today. Um so my name is Richard Tester. Um I've lived on Miami Beach for 22
years along with my wife and uh three kids. Uh I've owned two businesses on Miami Beach and actually had an office just across the street on 1618 Meridian for for for many years as well. Uh I think the team have done a great job of explaining the situation. We bought the house uh opposite on Sunset Island and
have lived there for the last 5 years. This truly this lot opposite us really was a burden on our life as they described the trucks, the trash, the traffic. It was it was it was a nightmare and really did impact our life and that of our neighbors. And that's why we purchased the lot and then we had
to figure figure out what we would do with the lot. And again, the best use for it for us is our parents are getting on in age. They live in Europe. We'd like them to be able to come and stay for longer and have their own um environment and their own space. And that's why we're going to build the house. And at the same time, I'd like to
put the paddle court in the back so we can play, you know, a few times uh a few times a week. So, I think, you know, we've been extensive in the neighborhood uh outreach. We've collaborated with all of the neighbors. We've listened to what their questions would be, what their concerns. I've not heard any objection
whatsoever. Indeed, the neighbors have been highly supportive of this because they've lived through the same uh conditions of that lot for the last six years. So I think we've done everything within our power and again really hope that you uh that you can grant the uh the variance.
>> I think we may have Ross on. >> Okay, I think that's open. So thank you Madame Chair, board members. That concludes our presentation. We're all available for your questions and I think we have some supporters online. >> If you're if you're online and you'd like to speak, please raise your hand. I
only have two I only see two names online, but nobody's raising their hand at the moment. >> Oh, okay. Somebody just raised their hand. Ross D'Vor. >> Hi there. Can you hear me? >> Yes. Good morning. Uh Ross. Uh before we proceeded with the with your testimony,
I need you to uh swear or affirm that the testimony you'll be giving in this proceeding is the truth, the whole truth, and nothing but the truth. >> Correct. Okay. Thank you. I'll set the clock for two minutes for you to address the board. >> Great. Thank you. Uh I appreciate the uh opportunity to address the board in
support of of of Rich and his family. Uh my name is Ross Dever. I live at 1630 West 21st Street, so right around the corner on Sunset 4. Uh so um I've had the pleasure of knowing Rich for for a number of years and uh went through a build process on our own and and a
variance process on our own. So so very familiar with this. I think the a couple couple points just in support of of this effort. Number one, you know, this is the type of project that we in the community and my family and I know other neighbors around, we we want to see this investment of quality, tasteful, you
know, investment in the neighborhood uh from a physical structure standpoint and from a community standpoint of I know our kids are friends. You know, we want I want to have my kids out there learning to to play paddle and to have more reasons to get together. So just
structurally as a resident, as a neighbor, this is the type of investment that I I want to see happen and I want hopefully to have our public officials and and board support. Um and uh I know I got the same type of support when I went through my variance process in my build. I think the second thing um you
know along with that which alluded to was this was this was a vacant lot. was, you know, a blight uh on on the neighborhood. And, you know, it it it does take a lot of will and courage and and and money and time and effort for for someone like Rich to bite this off,
uh, and and invest in the community in the in the island, uh, and and and do this. And so, uh, you know, I I would hope that that is, you know, very much noted that we don't we don't want to go back to empty lots. don't want to go back to, you know, small variances blocking, you know, real investment in
the community and the neighborhood. Um, and so, uh, you know, I think, you know, I don't need to speak on the structure itself or or or the or the or the use, but I I can tell you there's a personal element here. And that's and that's really my last point is, you know, this is a family. This is not a fly by night,
buy a home, never come to Miami, try to build something gouty as a as a status symbol. uh Rich and his family are great and we are really good friends with them and this is you know something that is very meaningful and personal uh to all of us and is a personal effort behind.
So I just as a testament to character and the people behind this um you know I just want to affirm my full support and and hope we get there to the right answer on this >> if anybody there's only one other person which is embro but the hand is not raised um so I don't know if if you know the name of whoever else is supposed to
speak or >> I think we have Michael Janora on the line is is that >> no text It's okay. Well, >> okay. >> We done our best.
>> Comment questions from the board have a question. >> I have a question. >> Oh, go ahead. >> I don't know. I'm sorry. >> I have a question for Mr. the Teslas. Could you come up?
>> Could you tell me could you tell me if you own any properties adjacent to this property? >> Yes, exactly. Yeah, we we only uh the property opposite that that's exactly why this >> across the street. >> Yes, exactly. 161 17 West 22nd, >> right?
Due east, correct? >> Uh yes. Yeah, it's opposite. It sort of overlaps. Yeah. >> Number four. >> Number four. >> Okay. And it's the recommendations of the planning department. I would like to
know that to be conveyed again. >> Yes. So, so the planning department recommends that the item be continued because staff feels um that the that the size of the home relative to the size of the paddle court results in the paddle court being a more important structure
than the home itself. That the that the home is should be the primary use and should be the pre preeminent structure on the site. Um, so staff recommends that it be continued for the purposes of working with the applicant to see if there's a way perhaps the home can lever somewhat over the lot over the over the court or something else be done so that
the home becomes the primary structure. So that's staff's recommendations. We don't have a major issue with the paddle court itself. That's why we included draft conditions in case the board wishes to approve um the variance um with with conditions that we feel would would mitigate the issues of the
variance. Um but so that's why staff staff's recommendation is to continue to a future meeting at this point. >> Thank you. >> Any other questions? >> So the so the as it as it as it's designed now the the paddle court meets the requirements the total
>> correct >> correct. Yes. >> Okay. Thank you. >> Um Mr. Nigler. >> Thanks. Um, so that I understand staff's position about primary use.
What is that based on? Is that based on the square footage? Like I don't know what the term is like massing or cubic footage or like because this is just like one flat thing with like some walls versus like a house. Um, >> you don't sleep on the paddle cord, you sleep in the house. So like how do you
evaluate and determine like the primary use or or or this issue that's being raised? Generally it's it's by by the size of the use comparing one use to the other and which which occupies more of the of the square footage. Um in this case if you look at the footprint the
footprint of um of the home is smaller than the footprint of the paddle court. Um the um the the >> total square footage when you say that or just the square footage of the the
brace the base >> of the footprint. Yeah. Of the base. Yes. The footprint of the home. >> So the answer is footprint. >> The footprint in this case. Yes. Um the the home does meet the minimum unit size requirement which is 1,800 square ft but it's just ever so slightly above that.
um and and the home if the paddle court were not there, a home could be built on the site that complies um with the setback requirements. So, Madam Chair, to address this question about proportionality, you know, if this was a giant pool,
let's say, with a sizable outdoor hot tub and an outdoor bar counter with 60 bar stools, then I think there would be some cause for concern about proportionality because obviously it's going to be built to be a party house rented out for parties, right? That's
not the case here. There are no regulations for proportionality in the single family zoning districts. There are like say in the RM3 district when you're talking about a hotel right now there's a restriction says no more than 35% of the floor of a hotel can be accessory uses. That makes sense. But
here I think single family homeowners have to have some flexibility in trying to integrate accessory uses with their main use. And if you look at how these elements within the property are going to be used, the home is going to be used much more than the padell court. The
home will be actually the driving force behind what is being used in this property. As as athletic as Mr. Tester is, he's not going to be playing pedel every day. Yet the home and the parents are here and the children here will be used every day. So I think that the true
test for proportionality is the incidence of use. What is going to be used more? in here clearly is going to be the single family home. >> Um yeah, this >> Yeah. Yeah. So, we have the applicant's
attorney telling us what the the how to evaluate the standard and we have staff giving us a different um formula. Um one is use and one is footprint. So, >> I'm I'm going to I'm going to defer to staff on how to evaluate things here, unless there's case law or something
that's being presented to us. It's use. >> There's no case law. There's no code standard. >> And and and the other thing I would say is that, >> you know, sitting here listening and and digesting everything I've heard from people who are sworn in this and that. I I haven't heard how frequently the the the parents visit and and but we're
being asked by council to use as the standard. And since we've been provided, no evidence in how often the grandparents come and actually sleep in that house or will in the future. And we've actually heard that this is a great court for the community to use and for um a reason I think was the word for
friends to come over and spend more time together. Um if I'm going to go on your standard and apply the facts that have been presented, um it sounds like it would be used more than the house. That's just how I that's that's what I'm hearing. No, the house would be used
more than padel court. >> I'm not saying argument council. I'm saying facts presented. >> As our client had mentioned, uh their parents live overseas in Europe. So when they come, it's not for a week or 3 days. They come for a couple months at a
time. So uh that is the majority of the year. It's fully in use for that uh for the intended use of single family residents. Any last question? >> Any Johnny? >> Um, so staff is recommending that you think
about potentially changing the design to make it more proportional in their view. I mean, h have you thought about that? Like, so is I mean, is that possible? I mean, I'm just wondering how much of a hardship that would be to the applicant and you
know, if that is a resolution that makes everybody happy in this situation or you know how how difficult that is. >> I'm happy to speak to that. So, um for one thing, as I mentioned the we kept this building smaller. We kept it to 24' 6. It could really with use of freeboard
and the maximum height go up to about 32 feet 33 feet. Uh and to do that we would have to take that extra height in order to make the court usable by canolvering it over. So then it would be uh almost the McMansion a bllight on that uh an
overbearing presence on the street by putting it significantly larger to canolver. We were trying to keep it more in context with everything. So yes is possible but it really creates much much more difficulty for the community. And the code actually says 20 foot setback
for a one-story 40 foot if you have that uh a two-story element of that. So there would be very very little if any overlap. You would have one portion sticking out here and the second portion sticking out significantly over the court making it almost unusable and very
dark to actually be a part of. So, we thought the design of this is significantly nicer, tasteful for the neighborhood, and to do something as they're suggesting, would a make everything significantly larger and feel overbearing, as well as um you'd have to
offset everything significantly and have kind of a a Z-shape of a house, which is is not is not as nice and makes the court very difficult to use due to something about 9 10 11 ft above your head. >> Okay. And then I said one other
question, maybe visually I can see it, but I'm just going to ask it. Um, if you had a different uh if you move the say you moved the the court I don't know if it's possible. Could you move the court back and build a bigger like a slightly larger house and still have the 20 foot setback in the front? I guess is is just
a just a question. I don't know if that would how how that would change is the position of the court and where you want it um because of setbacks that may be in the rear. Is that hampering building the house? >> No, we've put we've pushed the um the
court as far to the rear and side interior side setback as possible uh in order to uh to respect that and give as much space for the house as we could cuz the clients want a full usable they want that home to be a usable space that is a residence. So,
>> what is the rear setback? >> 7 and 1/2 ft for a court game. If we swapped it, it would be about a 20ft setback for uh the actual house. So, it it wouldn't nothing would fit at that point to be able to put that.
>> This is a one-bedroom house, correct? >> Correct. >> This is a one-bedroom house. >> Correct. >> Madam Chair, >> the concern I >> My concern is this. This variance goes
with forever. So, at some point, one explanation was it was for your parents, right? >> Right. >> And they're elderly parents. I'm elderly now. So, I built a three-story house on the
beach and I have to walk up three flights of steps and my knees are g, you know, given out and stuff like that. So, at some point, it's not going to be for the parents anymore. It's going to be a guest house or
a a house for the kids when they grow up. Who knows? >> Okay. The question is at some point you may not be living on Sunset Island 20, 30 years from now. I've been in my house 48 years. >> So, you know, it's a little different.
>> Um I just look at the the longevity of this property as a one-bedroom house. That's my concern. But Jim, just just note that, you know, as athletic as Mr. Tester is, at some point he's going to stop playing Pedell and the Padel Court
could be removed in the future and then you could have an attached addition to the home to expand the number of bedrooms. So, it's what is best for his family now, but it's not I understand what you're saying, but the grant of the variance now does not preclude a future
expansion of this home. >> Okay. my address. >> Yes. >> Uh and I very much hope that I'll be living in the house in 48 years as well uh ac across the street. Um we're fortunate that our parents are in reasonable health right now, so we'll be
able to, you know, walk up the stairs to use the bedroom. Of course, you know, things do happen as people get older. And so our plan ultimately is our kids will go away to college when they come back from college that they'll then use the house. So that's we're thinking very long term about this project. We
wouldn't invest all the money that we have in purchasing the lot and then building the house on it if we weren't thinking really really long term. And again, I very much hope we're here in 48 years time. >> Thank you, Madam Chair. >> Any other questions? >> Madam Chair, um so I'm going to give a
different twist, kind of put my banker hat on. Um and thank you, Mr. Mester, for coming in because a lot of times when we're dealing with these high net worth, you know, houses and clients, they don't show up. So, I appreciate you coming in and taking the time to come in, but I'm going to give a different
twist. Um, if if you know, they made 14 plus this. I mean, they've made a significant investment in their primary residence. Um, and the house across the street. Um, they're they're getting rid of a problem. Um, and in essence, the way I look at it from a banker
standpoint, you know, I do a lot of residential construction loans. They're really what they're doing. It's not for the money because that's going to the value of that house, you know, let's just say they're not they move away from their house and they don't need that house anymore. Who's going to buy that
house? If anything, it's going to be worth less. >> So, so the intent is is really what I I want just to spend a minute to talk about in um quality of life and having it there and you have young kids and they're going, you know, I've been there, done that, and they're going to come back and your your parents will
come there frequently. you're not going to be able to sell that house. So, they're really giving up money because they can really could have bought that lot, built a spec home and built to the max that they could with no variance and sell it to someone else. So, so that's
what's really driving me is is um and also and I always say this, I've said this almost every meeting, um this was noticed. Everyone within the perimeter got a notice. Not one person is here. Not one person has called. Um, and I understand staff's concerned. Um, but I
I really am leaning towards I don't have an issue with it only because it makes sense. And I and and and if by the way, if you weren't here explaining it, I probably wouldn't be saying this and feeling this way. If you were absent, it makes such a difference to hear it from
the use, the owner who has made a significant investment. You live here. You're a stakeholder. Your business is here um on Miami Beach. So, you're not going anywhere. So, I look at it that it makes sense for what you need now. And and and you're you're giving up dollars.
You're leaving dollars on the table. You've already spent a significant amount of money. You're leaving dollars on the table by doing this because no one's going to buy a one-bedroom house with this paddle ball court. But you're but you're you're you're building within the right except for the one variance that you're asking for. That so that's my take. I just wanted to kind of that that's my comment. I know we've had a
lot of other comments, but I I thought that was important to look at another perspective um of the testers. I really >> you need to come up to the podium, Mr. >> I I really appreciate the uh the comments there. And I mean to to
validate your po point, that lot sat on the market for for 5 years. No one was going to buy that lot. Um we we talked with the owner, you know, I tried to work with him. We actually had our landscape people trying to landscape the his his empty lot, but the lot would
have sat there for who it was been on the market for 5 years. We we had we had to do something. This, as you point out, this is not for our econ economic gain. Yes, it gives us a house for our our parents and we get to play paddle, but we're genuinely doing something for for
for the street here. So, I very much appreciate your comments. >> Just to that point, can I just ask you? So, the lots out there for a long time, is it significantly smaller than all the rest of the lots on the on on in its neighborhood just as a lot itself? >> No, it's because of the um the setbacks.
the setbacks are so restrictive that you can't really do anything with the lot. That that that's that's kind of the problem. That's why no one bought bought it. >> So, if you had a 30 foot for the second story, that restricts the the size of the home that could be built so much. So, then it must be smaller than it
surrounding it. >> It's also a uh a corner lot. So, you have a 15t side street setback as well. So, it's kind of between both of them. It takes up I think over half of the actual square footage of the lot is a required setback. Um, just because of that. >> Okay.
>> Can I make another suggestion? This is more of an architect's question. The one suggestion I would have is since there's no open space for this house because it's covered by by uh the the paddle ball course, why don't you just
continue the stair to the roof and put a roof deck up there and put a jacuzzi so your elderly parents could enjoy some sort of feature in the house rather than feeling that they're in a tiny cubicle. >> That's the only suggestion I'm making.
by taking advantage of the roof and we know that is an option. Um that also would make things feel a lot larger and again we were trying to keep it in continuity with the neighbors. I don't think any of the ones uh that I have seen on the interior side the landlocked
portion of this had a had a roof deck and we didn't want to be pushing this higher for that. There is like I said about a significant portion of the lot is uh landscaped open space because of the setbacks that we are still there. The entire 120 ft on Lucern Avenue side
is open for 15 ft and uh for that whole portion and I think that actually comes in a little bit as well. >> I'm just trying to adjust your open space usable open space which you have no open space because you got hard surface for the court. So
>> I'm just trying to suggest something >> we could explore >> because if this matter gets continued >> then you can incorporate some way to address that house being self- sustaining rather than just a tear down at the end of the day 20 years from
now 30 years from now who knows >> we don't feel that it would ever be a tear down because even if somebody felt the use of the one the onebedroom is not what they want they could tear down >> an 1800 foot house in a house in a neighborhood of multi million dollar homes. >> Sorry. What I'm getting at is that um
all they would have to tear down is potentially the pedel and be able to do an addition um that extends a little bit further right next to it. So this this way they can take advantage of that the the house is tasty design right there. And that's why we had uh we thought that
>> then show the uh just the design of the addition. So it gives you an idea the board to give them an idea what what how you can trans transfer this existing building to a building that's a regular
home. >> Can I just ask one question? So are you finished? >> Were you done? >> Sorry. Um just a the proportionality concern. I just want from the street because of the landscaping and the front of the house you no one will see that
there's this giant paddle board court behind a small house basically. Correct. Right. So that that will not be driving by nobody would nobody would know. Right. >> Correct. >> Correct. We have significant landscaping on the street side as well as the neighbor side as well.
>> This reminds me of a home. You're speaking out of turn. >> This reminds me of a home that was built in Miami Shores 60 years ago which was built for small people. >> I don't know if anybody remembers that
home in Miami Shores. >> I don't remember that, >> but it was a it was a reduced incale home that was built for small people. I think that's the proper
uh designation, but uh you know eventually it got torn down. >> I think the grandparents here are normal height. >> Okay. I'm just saying. >> I know what you're saying. I know what you're saying. Yeah. I know what you're saying. >> You would drive by and say you see this little home and I go, "My god, this is
for you know, can't be a regular home." But it was. So that's my concern. My concern is that create some sort of package that the neighborhood doesn't look it doesn't look out of scale to the rest of the neighborhood.
I mean at the moment especially from the uh the 22nd Street side it is fully in scale with that and as it turns the corner you still get to see a be we had the image as well that shows that that beautiful corner that's emphasizing the rounded nature of that and then it's
heavy landscaping there. Yes, we can always show if if they ever did decide to sell years and years in the future to be able to show how that could be extended uh with an L-shape. >> So, if there was an addition to the home, think about the entrance where you
have the door, front door on the left side on the west side. for you to make an addition, you're gonna have difficulty getting to that addition from and going up the stairs to any addition.
>> Somebody who's doing that sort of addition would probably want to redo the entire interior layout to make it however they want. And >> you're saying, you know, a variances for the for the plant, you know, for the for what you need, but you can change in your design to take in consideration an
addition. I was you just got to make it more >> in say that if I were them and I was investing and I agree with Mr. Goldberg that >> their parents are here. They have three children. They'll be back. My son's sitting here and I assure you they come back. They're not going anywhere for
these kids. They love coming home. So >> that's what I that's what I said to my kids. They're still around. >> Investment is for someone who's in the future going to buy. I think this is going to remain in the family for a while. Personally, that's what I'm hearing and thinking. >> Correct. Mr. Negler.
>> Yeah, I have a question. So, um, if this was a single a singlestory home, >> would they be in front of us right now? >> Yes, for but for likely for a different type of variance. Um, so at a sing with a single story home, you could be at a 20 foot setback, but it's unlikely that
they could reach the minimum unit size that's required. >> Okay? Because >> so they would be requesting a variance of the minimum unit size. >> And what does that mean? >> Um, the code requires that a single family home be at least 1,800 square ft. with one story, there's no way they could achieve that with this site plan.
So, they'd be requesting a different type of variance. >> Okay? Because this is where I'm getting stuck. And by the way, council, I like we I like to be answering I give you a hard time because you're an excellent attorney and I like to push you a little bit. Um, but this is where I'm like really caught up is
and I I I I my my instinct is to defer to the recommendation. is my instinct and come to a solution and have this ultimately work out. Um, that's my instinct. But where I'm really caught up is we're being told that a concern is that
a primary use appears to be this court, however the first word is pronounced. Um, but and therefore the house should be bigger to make the house the primary use, seemingly so at least. But in fact, if the house were smaller, making it
less of a primary use in appearance, they actually wouldn't need the variance that they hear in front of us today for. So, it's almost like an inverse relationship. And and then but but then it goes back to a similar issue, which is the 1,800 square feet, which is I guess goes back
to a primary use type of an issue. Um, >> which brings us back to where we started. So, um, but but thank you for answering that question. I I I I it's interesting that they wouldn't need this variance if they actually made the house smaller, but they might need a different one. Um
>> but Daniel, if you I know you've been through these islands, and there's a dichotomy at work. You know, the waterfront homes are massive, huge estates, but the interior lots when you walk the streets, there's some beautiful, charming bungalow homes. I almost feel like I'm in South Coconut
Grove when I walk through Sunset Island 3 and four and one and two. They're beautiful. So, what we're doing is really in scale and compatible with these interior lot homes. >> Thank Thank you, >> Madam Chair. Um, I just wanted to note
um there is another uh hand raised on Zoom in case you you would like to reopen the public hearing, but that's totally up to you and the board. >> I'll hear. >> Okay. Um, we have Michael online. >> Hi, good morning. >> Good morning, Michael. Uh before you
address the board, I need to sway you in. >> Okay. Uh do you swear or affirm the testimony you'll be giving in this proceeding is the truth, the whole truth, and nothing but the truth? >> I do. >> Okay. I'm going to set the clock for 2 minutes for you to address the board.
>> Hi, good morning. Uh I'm a neighbor at 1550 West 21st Street. So, uh we're a water lot just to the south of this lot. uh the street that this is on
uh kind of dead ends at our at our home. Uh and we are strongly in favor of the project. This lot has been an eyesore for many years. It's basically been a
construction staging area, a parking area. It's where the construction workers eat lunch. It's where they drink beer at the end of the day and throw their cans uh on the ground. It's been full of
water and has mosquitoes in the summer. Uh it's really just been passed on from I don't know if the developers are renting it from the owner, but it's served as the staging and parking for probably about five or six different
homes that have been built at this point. Uh so I think first of all it helps solve the problem of kind of a blighted property that has not very much interest because of the size of it and
the setbacks. You can't really build very much. So there's not too many people interested. And then in terms of what's being proposed, uh I I personally love the design. Uh, our
neighbors have hired a a iconic architect to to do this and really kind of sparing no expense in the aesthetic and the look. Uh, I like the fact that it's not overbearing and keeping in in
look with the smaller lots and the homes that are being built on those smaller lots. Uh, and my wife and I are are in Did you lose him? >> No, I'm here. >> Okay, I'll give you another two minutes.
>> Uh uh so the the second half of that was just, you know, the design and the scale, uh the landscaping, uh just we think it's a it's a huge improvement. Uh it's frankly nicer than
most of the other structures that are being built on the smaller lots or the homes that are being renovated on the smaller lots. So we're we're my wife and I are strongly in favor of the project. >> Any comments?
>> Expose the public comment. >> Um >> yeah. So um I think we can discuss this. I mean I'm in favor. I make a motion, but I'm not sure that we're going to have the votes to approve it based on what I'm hearing. So, >> how many votes do we need? >> Five. >> A variance requires five votes for
approval. >> Sorry, I need to jump in. Mr. um >> someone help me. Mr. >> Davis >> Davis um whispered in my ear. He said he had a 10:30 and he had to run out. So, I'm just putting that up. I'm sorry. Not to put the That's what I mean, but the
concept that I don't think he's here anymore to let everyone know. You could do a straw poll >> through the chair, madam chair. Um, can she do a can the chair do a straw vote? >> Yeah. Want to do a straw vote just to feel it out? Let's see. >> Okay.
>> I'm in favor. >> I'm in favor. >> In favor? >> Anyone else? >> I wanted to continue. >> Yeah. I I'm in I'm my vote is to follow Sats recommendation and to let them work together and hopefully reach a a
resolution that'll work for everybody. I agree with that. >> Okay. Don't have the votes. >> Don't have the votes. I'm sorry. >> I'll motion to continue it and let staff get with um the appellant to see if they can work something out and then bring it back to us. >> Second.
>> We'll be back in February then. >> Yeah. All in favor? >> All in favor? >> I >> I opposed that motion passes for continuence. >> Thank you. Thank you. And with that I
>> any modifications >> any modifications previously approve >> the board order >> the to the to the minutes you the >> she's she's following the >> following I apologize I understand um no
no more no modifications to previously approved port orders >> any discussion items and progress reports >> no discussions we have No. >> Uh fing future meeting reminder. Uh February 6th. Um is there any idea of
how many things are on that agenda? >> Um I believe we have two other items on the agenda. Actually, somebody were waiting for somebody to pay a fee. Let me double check. I'll tell you one moment. While we wait, thank you all for nominating me. And Michael, you're going
to be hard shoes to fill, but hope I >> You did fine. I believe me. I stumbled my first three, four I stumbled my first three or four meetings. Trust me, been there. I've been >> tell you is that you can't like not show up because I >> Who's going to call you? Where are you?
Give you a hard time, right? So, uh, no. Again, thank you. I mean, my pleasure. Um, Madam Chair, you motion to adjurnn. motion to adjourn. Oh, >> we're waiting to see the >> there there is there is one item one of the applicants that had had finalized didn't didn't finalize their didn't do
their final payment of fees and and was missing one or two documents. Um so they're they're likely going to have to be in March. So one item in addition to this one. So we'll have two items in February. >> Okay. >> I apologize. And we have we have appeals on the agenda
>> uh potentially. So if they decide to proceed, we may have an appeal. move. >> Thank you.