stuff that um happened before I moved into the home. Um as Mr. Madan noted, the house is from 1936. It's an angular house. It sits on a diagonal on a corner lot. Um can't imagine why they would do that. And today, obviously, we're trying to get the most use of space, particularly on the Venetian. Um so, I
was working already with um you know, kind of challenging uh circumstances. Um, you know, I just want to note that, you know, everything that we've done in this home, um, is to benefit, you know, the living space, uh, make it more comfortable, um, and help the
neighborhood and and and just kind of align with what's happening on the Venetian. Um, you know, the the variances obviously to note everything is sitting on the property line. There was never any extension over the property line. This is we're dealing with basically these setbacks and um you
know nothing um that's happened to the home puts anyone in my neighborhood at risk. Um as a matter of fact I have 16 ft hedges. Uh no one can even see it. Um so um I've put together a team of people including architects, electricians,
plumbers, everything that um they could do to document the existing uh architectural structure. Um everything that was submitted into the original after the fact permits proves that everything was made to uh the code of the cities the city codes um including
the sewage the type of concrete everything that was used was the latest technology. Um this are some of the pictures. Um what happened was I was renovating the deck and I think in that time we had people
basically what happens is when you have EPE you have to sand it and come in and paint it and during that time us you know the code officials are continuously navigating themselves through the islands I think noticed this um we spoke um and said look they want to bring it
to become legal and that's kind of what put us on this path today. Um, as you can see, um, the aesthetic, the structure itself has been deemed safe according to the initial, um, permits that were submitted. Everything was approved except for the fact that some
of the areas sat over the setback line, which is what, you know, the the area between the property and where I can build the structures. Um, the walkway um, that was mentioned is the pathway that leads to the back deck. And as you can see, there's
concrete slabs. They were existing concrete slabs. What I did was just extended them to make the walkway a little bit safer. Um and and obviously a bit more aesthetically pleasing. The driveway itself, there was absolutely no extension. This was an existing driveway. All we did was resurface it to
bring modern concrete just to have a better aesthetic appeal and have a safer walkway because the cobblestone um if you ask my girlfriend, was very dangerous. Um, I'm not asking um I'm asking for your permission for these approvals. Um, considering the
challenges I had with the lot, um, I think everything that I said I've done, um, is in code with just the city's architectural planning and security. Um, there is no harm. Um, as I mentioned, you know, all of the other bits were already approved. The last thing that I
need to bring these after the fact permits to approval are the variance approvals for these sepexs. Um, as mentioned earlier, the drainage and storm management is all up to code. Um, and again, I just want to thank you all for your time and I really apologize. It's been a long path for me to get
here. I've been very much looking forward to um, speaking with you all and um, hopefully putting this to bed and going back to our life. Uh my girlfriend and I are very happy in this home and we envision a future with our family there and it's been a blessing to come to Miami and just watching the city flourish over the few years has been one
of the greatest joys of my life. So thank you. >> Thank thank you. Um I'm going to go ahead and open up to public comment. Do we have anybody on Zoom or here in the chamber? >> Can can I be added as a presenter to Zoom? I'm not able to see the list >> or as a panelist. >> If I just want to say I want to thank
Mr. Vadon too also. He's walked me through so many challenges in this process. there has been I mean mind you this has been I believe 19 months since we started this um and just saying it's been a pleasure working with him and he's guided me and helped me do this on my own through planners and architects
and I will say just lastly it's not the easiest path working with the some of the people that help me here of a lot of people are after their own gain in Miami and just want to say thank you so much for all you guys >> you're welcome babe
>> um we have no I see no hands raised on Zoom Okay, no one here in the chambers. So, I'm going to go ahead and close the public comment, open it up to questions from the board members through the chair. >> Naggler, >> I just want to point out looks like there's multiple letters of support from
the immediate abutters. Any other questions, comments from the board? >> Mr. Silvers, >> I have a question. Could you clarify if there's any conditions the conditions for approval and support from the planning department?
>> The the conditions of of approval are the typical conditions that we that we include in a board order. Um they they um basically state that any substantial modifications um to what you're approving today would
require um the applicant to come back to the board. Um so basically it it it ensures that they are not going to be increasing these uh these non-conforming conditions. So in the future any additions that they do will have to be in conformance with the code and they're put on notice that they can get
additional violations if they if they >> is there any condition concerning the pergola being so close to the back to the property line that a hedge be taller than uh the pergola. So it's completely blocked visually >> there. There there there is a hedge
there but we can certainly include a condition to ensure that that hedge remains in perpetuity. >> Right. >> I think that would be a condition that I would like to add. >> Is the is the applicant okay with that? Are you okay with that requirement? >> Yeah absolutely. >> The that the hedge would be taller than
than the the the height the top of the pergola. >> So I have been growing these hedges for four years. Um and they have about six feet left to grow. They when I started they were six feet. Now they're 12 and we're getting them to 16. So that we're about two feet off. So in about one year we'll be at that point where they'll be
higher. >> What kind of hedge is it? Is it a >> fus hedge or is it a >> They're the ones that manicure very well. As a matter of fact, I have a picture here I can show you. >> So you can see behind the pergular. Also, if you look at the third picture
um to the right, you can see um they're very bushy and not see-through. As a matter of fact, I also have a letter of support from my neighbors who have been at that home for 40 years. Um, in full approval of this as well. >> Okay. Well, I would like to make that a
condition >> if that's Do you want to define that again? You want to say it again? Exactly. So, >> I want the condition is that the hedge adjacent to the pergola is at least one foot higher than the height of the pergola. >> Cool. But, but how can we have that
condition now when that's not the case now? I mean, that's it. That's that's where it's going to end up. But, >> right, >> why why would you why would you want it higher? Why would you want it higher? >> Because the house next door can still see, you know, it's going to grow. So, I
would like at least a foot higher. >> Okay. We have some other questions from the board before we Mr. Granic. Did you >> Mr. Nagley? >> Oh, yeah. I think to that point, I mean, if we made that a condition and he's still two feet short, he'd be in immediate violation with the condition
like as so I think that's an imposs I mean or we have to give him time for it to grow in. I mean, >> well, I'll chime in, too. My feeling is I really don't think it should be a condition. He has the hedge there. He obviously is going to want to keep a hedge there because he wants to have the privacy himself, too, not just from his neighbors. So, I don't see why they
would take down the hedge. And I agree. you know, you you're putting a condition on it now that he's not meeting it. And again, you know, I personally don't see why he would ever take that hedge down. He wants his privacy, too, let alone from his neighbor. So, I I would I would not be supportive of of
>> defense will grow these hedges. I mean, they haven't I mean, the intention was also just to be very clear to have them higher and just as much privacy around, >> you know, and ju just to add um because I was going to wait I always wait to make the last comment. And I got I've been on this board six years. They're almost getting rid of me. Next month's
my last meeting and I'm termed out. And I have never seen someone be your honesty, your cander, you, the owner, yourself presenting in the six years I've been in this sport. I have not seen anyone make a presentation um with the honesty and apologizing. I mean, you
didn't need to apologize, but you did. Um and to me, that tells me a lot about a person and someone that's invested in the city of Miami Beach. So, I personally want to thank you for, you know, your honesty. And you can tell you were speaking from the heart. So I'm comfortable that you that hedge will stay up and you'll let it continue to
grow. That that's my take on it, guys. So I would be against the, you know, the amendment. I would I would I'm going to recommend to approve as as is. >> Thank you so much. >> I can't do the motion though. >> Unless you hand hand over the gavvel, but >> yeah.
>> Motion to approve as is. >> Second. >> Okay. All in favor? I opposed. Thank you and thank you so much again for coming in your presentation. We appreciate it. Good luck. >> Thank you. >> Okay. >> Okay. We have uh one more previously
continued application. ZBA25-0191691 Michigan Avenue. Um Alejandra. >> Yes. This application has been filed requesting a modification to a previously approved application for a variance to permit an alcoholic beverage establishment that is closer than 300 ft from an educational facility and closer
than 300 ft from a place of worship. Specifically, the applicant is requesting to modify the maximum allowable occupant content and seat count. Okay, so this uh this application is uh for an office building that it's an office building that is on city owned
land. They have a long-term lease uh from the city for the land. Um the office building um is going to be renovated that was approved by the DRB last year. Um and current and then also last year the board of adjustment approved a variance um to permit an
alcoholic beverage establishment that is closer than 300 ft from an educational facility and place of worship. There are some educational facilities and place of places of worship on 7th Street um for for an alcoholic beverage establishment that will be located inside of the building. It will be totally contained inside of the
building. It will not be visible from the exterior. Um so that was approved um on October 11th, 2024 with an occupant content of 137 persons and a seat count of 97 seats. That was one of the conditions in the order that was approved at that time.
The applicant is now proposing to modify the floor plan of the alcoholic beverage establishment. They're referring to it as a speak easy um inside of the inside of the office building. Um the first change that they're proposing is the previous floor plan had a bathroom
within the within the establishment there. The office building has a bathroom that's right across the hall. So, they're proposing to remove that bathroom and and guests will just be able to use or patrons will be able to use the bathroom that's just across the hall. Um, and so that increases the foot
footprint of one of the areas of this alcoholic beverage establishment. However, there was an area that was included in the alcoholic beverage establishment that was sort of a VIP area that the applicant wishes to remove from the alcoholic beverage establishment um, and turn that into an
employee lounge. Um so that actually results in a redu in an overall reduction in the in the occupancy content and the seat count for this establishment. Um so that um that results in a maximum occupancy of 80
persons and 69 seats. Um so it actually lessens any potential impact but because they are revising the foot the floor plan in such a way they are required to come back to the board uh to request a modification of that previous approval. Um so given that uh that the um that
they're reducing the occupant content u reducing the potential impacts of this establishment they remain below the neighborhood impact establishment thresholds in this in the in the land development regulations staff is supportive of the proposed modification. >> Okay. Thank you. Do I have any
disclosures on the DAS? No. >> Okay. Mr. Rodriguez are you go ahead and present 10 minutes to start. Good. If you need more let me know. >> No 10 minutes is fine. Thank you so much. Good morning. Nicholas Rodriguez, 200 South Bisgame Boulevard here on behalf of the master tenant of the
property, RK Rivani LLC. Um, just as a housekeeping matter, I was passing out this handout with support letters. I realized that the printer kind of didn't print the the collated copies correctly. So, the letters of support are uploaded to the agenda. Uh, but I apologize I don't have copies for everyone cuz the
printer um it's a mess. I'd rather not give these out. But these are letters of support from our neighbors uh that we did coordinate. So, I apologize for that. Uh so just getting back to to the merits of the matter. Um if we could call up the presentation. So as Relia mentioned, this is a
modification to a previously approved variance. And what we're doing today is actually reducing the seat count and occupancy. Uh to just remind you of the context here, we are right next to the Jeffersonian condominium to our east. Caddy corner to the northeast is the Lincoln Marti Day School. And then
caddyy corner to the northwest is the Cuban Hebrew congregation of Miami. So, we're kind of sandwiched between these two of these uses that require us to get a variance. Um, the neighboring condominium doesn't require us to get a variance, but of course, they're our neighbor. They're residential neighbors. So, uh, we've been in constant communication with them since this
project started. Uh, and they did issue a letter of support, the condominium association. From a zoning perspective, uh, this property is really kind of a northerly extension of Lincoln Road. You can see the red CD3 district is the most intense commercial district in the city
and it kind of pushes north. uh here north where the Macy's is at Meridian and then where this building was developed in the early 2000s. Uh it borders along the Palm View neighborhood but where we are is squarely within uh the Lincoln Road CD3 zoning district. Uh this existing building as I mentioned
was built in 2002. Uh it was a public private partnership between the city and the developer and our client has acquired this building and is in the process of making substantial improvements. Uh we have a design review board order that's currently being uh built out and permitted where the
building facade is getting upgraded and and improved. And this was really the owner's vision or the master tenants's vision for a a class of office that exceeds class A office. And he calls it class X office. And it's not just uh aesthetic improvements to the building.
It's programming the building with amenities that high-end office tenants would enjoy having. And so this speak easy is really part of programming the building with unique and high-end uh amenities for ten office tenants and to attract really high-end office tenants.
Uh one really important part of this renovation is a valet area. Uh class A and class X offices uh will have you know tend to have valet. But what's important for the neighbors in this case is that we're building a solid wall
between the Jeffersonian condominium and our valet area. So that's going to buffer them from any noise impacts that could occur from having a valet area with a speak easy that's open late inside the building. Uh so that they were supportive of that and it's actually a big aesthetic improvement to the building as well. It benefits us
have a valet benefits our neighbors. So it's kind of a win-win. And you see here this is a closer up of the valet. On the left side of that image you see what will be hopefully a water feature. It's pretty complicated to get permitted, but we're, you know, we're trying to make a very nice uh and aesthetically pleasing
ballet and enclosure wall there. So, this was the previously approved variance. Uh we're not changing the distances between the building and the the uh day school and the Cuban Hebrew congregation. Uh but what we are asking is just to modify the approved floor
plan. So, I'll show you here is the previously approved floor plan. And what you'll see here is what Raelia was mentioning as a kind of VIP area. Um really what this doubles as is the employee lounge during the day. And what it was envisioned was that the employee lounge would be kind of an overflow for
the speak easy. Uh to full disclosure, what happened is uh the mobility impact fee for a bar is quite expensive in the city and it's based on the square footage and this area of the the employee lounge is just not necessary to include in the speak easy. It's not a
revenue generating area. It was just meant to be an overflow. And so ownership made a decision to kind of modify the floor plan and reduce their amount of the mobility impact fee that they would have to pay for an area that's really not going to generate more seats, more tables for them. It was just kind of it was next to the space. So, it
would have been nice to have an overflow, but it's not necessary to have. Um, I also point out that up here there was uh some bathrooms and some storage space. And you'll see in the proposed floor plan, they kind of just made more efficient use of where the speak easy is going to be. They put some more seating here to fill it in. And
they we removed the employee lounge and everything that's not really associated with the actual alcohol service and alcohol beverage establishment. Uh that's removed from the scope of the variance. So there will be no alcoholic beverage service offered or served inside the employee lounge or any of
these rooms that are adjacent on the third floor. are just, you know, typical parts of the office building, not where the speak easy is operating. Uh, as you can see, there's 69 seats and an 80 person occupant load for that new area. Uh, and the neighbor support letters that I was going to pass out to you,
they're also in our presentation. They're also uploaded to the agenda. Uh, we had previously reached out to Mr. Perez from the Lincoln Lincoln Marty Day School. We reached out to him again. He said, "I continue to not have any objections or any issues with what you guys are doing." Um, and Black Lion actually has a really positive
relationship with them. where the kids from the daycare have actually visited the office building at different times of year for different events. Uh so it's been a positive relationship and here we have a support letter from the Jeffersonian condominium association. Uh similarly we've been working with them
throughout the project uh for construction logistics and everything that has to go along with this major overhaul of this building. And then uh we were finally able to get in touch with the Cuban Hebrew Congregation of Miami. I know last time we were here we had trouble getting in touch with them. We made a greater effort this time and
we were able to get in touch with them and they they got back to us with a letter of support. I'll say it wasn't super easy. They weren't they weren't the most responsive, but finally when we got in touch with them, they were happy to sign a letter of support. Uh so with that, we Oh, and I just wanted to show
you uh some of the renderings of the space. The space will be operated by Hwood Group. And so they are the proprietors of Delila in the city of Miami and Mr. Nice Guy. Some very popular restaurants. And so they're bringing their elevated character to
this space within the speak easy lounge within this building and you can see that from the proposed renderings. Uh so with that we respectfully request your approval of the modification. We're here to answer any questions you may have. Thank you. >> Thank you so much. Uh let me go ahead and open up the public comment. Is there
anybody on Zoom or here in the chambers? Mr. Med, >> there are no hands raised on Zoom. >> Okay, we'll go ahead and close the public comment and open up to questions from the board. can always count on you. Mr. Nagley, >> first of all, thanks for reaching out to
your neighbors. Sorry to put you through that. >> No, no, you too. >> I'm just curious is basically the distinction here is what's changing is there's no service to these areas, but basically practically speaking, everything else is identical and it's sort of just a ch like calling it
something different. >> The what the use is identical, but they're they're the what what I would call the northern portion of the speak easy. Sorry, the southern portion of the speak easyy um is is expanding because they're removing the bathroom in that storage area. So that part is expanding,
but at the same time they're reducing uh the northern but they're getting rid of the northern portion of the speak easy. So that so overall um the the occupant content and seat count goes down. Last month before they decided to remove the employee lounge area, uh the modification that would
have been before you would have been to increase the seat count and occupancy. when they decided to remove that southern portion, that's when they requested the continuence. And so that's what's before you today. And the overall impact is going down. >> I'm just saying like those seats are still there. They're just not for the purpose of the speak easy.
>> Oh, correct. Yes. Yes. Yeah. >> Thank you. >> Yeah. If if there's any alcohol sold, a violation could be issued um and and they can lose the variance. >> Thank you. >> Yeah. >> And and and we actually we have a condition in the draft order as that speaks to that.
>> Okay. Qu other other questions from board members. Um I just make a comment. Kudos on getting the Jeffersonian letter. Um I think Mr. Larkin might remember this. I had a bank branch there when it was a Colonial Bank and I actually got that drive-thru approved and we had to work
with them. It's a long time ago. I'm going back 25 years ago. Um not easy. Not easy. Uh you know, we put that drive-thru in there which kind of created that. But with you closing it up the way you're doing it now, um, you know, and you got it done cuz you didn't have, correct me wrong, you didn't have
that when you came to us for the for the for the last variance, you didn't have a letter of support. >> No, we didn't. And process, >> believe me, I went through it. I went through it with our attorneys. I don't know who it was. I don't know if it was you, Michael, at the time or someone else, but very difficult. And and thank you for following up with the Cuban Hebrew congregation, too, because, you
know, you really didn't have to do that because we approved it without that on the last one. So, uh, I really appreciate your efforts, um, in just solidifying that everybody's good. Obviously, I know the building well cuz I had one of my bank branches there. Great building, great location. Um, looks like it's a great venue that that that your your owner is going to be
operating there. So, thank you for all your efforts. Um, thank you. >> Any other questions on the D, comments? If not, I'll open it up to any motions. I'll >> motion. >> Motion by Miss Morelli to approve as presented. Second. >> Second. >> Uh, I'll give the second to Mr. Silvers.
All in favor? I >> I >> opposed. Motion passes. Thank you so much. Thank you. Congratulations. Have a great day. >> Thank you. >> Okay, we have one new application. ZBA25-01726801 Indian Creek Drive. Uh Alejandra,
>> this application has been filed requesting an after the fact variance from the minimum required interior sideyard setback for the installation of lighting poles for the surface parking lot of an existing apartment building. >> Okay. So, this is this is a uh an after
the fact variance for light poles that were installed for the surface parking lot uh for the uh Boston I want to say Boston Plaza uh condominium um which is located at 681 Indian Creek Drive. Um the applicant is
currently working on their 30-year reertification process. As part of that process, they were required to install uh lighting in their parking lot consistent with the lighting standards of the building code. Um the lights were
put in without a without an individual building permit for those lights. The applicant um was under the impression they were required to do it, so they just did it um without obtaining the a formal building permit. Um they then were issued violations um and they're submitted for an after the fact permit
when it was discovered that the lights were installed right um at the edge of the property line um which is in violation of the required setbacks in the code. The code requires that there be a setback of 7 ft 6 in and these are essentially right on the property line. They're aimed so that they they only
light the parking lot. They're they're not aiming towards the adjacent property. um and they comply with the with uh the lighting requirements of the building code. Um so the applicant does have a hardship in that the parking lot they would have to lose parking spaces in order to uh put the lighting in in a
location where uh it would be in compliance with a setback. Um so there is a a hardship there in requiring the applicant to move those lights um because they would lose required parking. Um the um just additionally as a separate matter um the building uh
indicated that they have some financial distress in the city commission approved an ordinance and the resolution waving their variance fees um to allow them to proceed with this process um without without those without those issues. Um the um given that they have no other
place where these lights can go, they are a requirement of the Florida building code. Um staff is supportive of the granting of the variance. >> Okay. Thank you. Do we have any disclosures on the dis? Excuse me. Thank you. Um with that um please state your
name. I'm sorry. You >> sure? My name is Eileen Lewis. Eileen Lewis. >> Okay. And are you the the attorney? >> I'm um No, I'm not the attorney. >> I'm representing the the association. >> Okay. So um set the time for 10 minutes.
Is that enough for you to your presentation? Thank you so much. The floor is yours. >> So, um, Madame pretty much, you know, said everything. The main issue here, like he said, was the 30-year certification versus permitting. The lot
is very awkward. The It's not square. It's not any shape there. I think I don't know if you guys have the packet that I submitted in, but there has the complete survey of the property and there's no way possible for these lights to be put anywhere without eliminating a
whole line of parking. Um, they did all types of research of different heights, different um lights, different everything. And the only position and height that they were able to accommodate no spillage which is
obviously very important to the um electrical you know building code to the adjacent properties was to so I have okay um here what's in green I don't know if you can see the colors but what's in green is the property line
what is in yellow is what is supposed to be the setbacks which is 7 and a half and then the post there's only three posts and their posts are there. So that's basically it's very simple and it's complying with one and not complying with the other. Uh both are needed to be able to have the proper
lighting in the parking lot. Uh here right here there's a whole list of the different measurements and what um the percentage of the spillage the percentage of the dark areas. Um, let's see.
This is the information from the engineer of all his research and that's pretty much it. It's basic. It's one thing or the other, but they're they're not coordinating to be able to comply.
>> Okay. Thank you. Um, go ahead and open up to public comment. >> Nobody. >> I see no hands raised on Zoom. They're going to go close public comment, open up to questions from the board. >> So So how did this uh arise?
>> The they they were undergoing the process for the 30-year reertification. So that requires them to make all sorts of upgrades to the building. Um as part of that, one of the upgrades in the engineers report that is done as part of the 30 rear certification process was that they needed to install lighting um
in the parking lot. Um, and so they went ahead and did that without getting an individual permit for that lighting. Um, and so I I suppose they thought that the that the 30-year certification report was sufficient to go ahead and do the work, but it but it's not. You need an individual permit for that lighting uh
to be able to proceed. When the lighting was installed, they were issued a violation because it was work with done without a permit. Um, so then they submitted an after the-act permit when it was discovered that the that the lighting was not in compliance with the uh with the required setbacks. So it was
just a random check by the city that that they came across. So this was done without Yes. Yeah. >> Good. >> Yeah. I mean I don't I don't love the fact that you know I feel like they got all the experts involved and someone knew that probably should have known
that there should have been a permit but you know at the end of the day you know if they were to come here originally I think you know the result would be the same but but you know it is what it is at this point. Any other comments, questions? Um, I have one quick
question. So, these were additional lights in addition to the ones that were already there. Obviously, there was already lights there. >> This area didn't have lights. >> Oh, so there's no lights in this >> and that's why it was >> in this area at all. >> 30 year to put light there because it was a black area. >> Okay. Right. That could be a safety
hazard. Um, >> yeah, exactly. >> Yeah, that makes sense. That makes sense. Um, no other comments or questions. I'll entertain any motions from the board. >> Move to approve the >> motion by Mr. Davis to approve as presented. >> I'll second.
>> Mr. Nagler, second. All in favor? >> I >> opposed. Okay, congratulations. Thank you so much for coming in. We appreciate it. >> Okay, so that brings us to our next meeting date. My last meeting for the record. Have I said that a couple times
during during this meeting, by the way? Uh where's where's the after party after where's the where's the after party? Where are we going for the after party after the 12th? Anyway, >> you you you can stay for an additional 60 days if no one is appointed to replace you. So, >> okay,
>> hopefully this this is the first time where I'm hoping the city commission >> you may have to see me again in January. However, correct me if I'm wrong. At that point, we still have to appoint a new chair and vice chair. Correct. So, you might have to deal with me for another meeting or two, but not not as a chair. Okay, what a celebration.
>> You guys are so good to me. Um, how are we looking for December 12, Mr. Madden? As far as um agenda items, >> there are no new applications. The only application we have is the one that was continued last month to the December meeting for the uh paddle courts. >> Okay. >> So, it could even though there's only
one item, it could be a long one. >> Okay. Well, hopefully they don't. >> I thought they're going to be out of town. >> The No, they're all going to be out of town today. >> The residents were out of town. >> Yeah. Yeah. So, that's that's that's going to happen. There's no chance of that. So, we may have that one item, but yeah, that's going to be okay. But they
were still working on trying to work it out and correct. It may happen before the 12th, right? >> Correct. I hope >> and we'll let you know. Um, so Okay, great. With that, any good and welfare? Anything else? Thank you so much, board. Always appreciate your your participation. And a motion to close the
meeting. Thank you. All right. Thank you very much.