Who would like to volunteer? I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. And since we have it is a special uh
meeting so we won't be going over any type of minutes or anything. Correct. Correct madam chair. Okay. So we'll do roll call. Hello. Hello. Oh okay. Um Chairwoman Rosen Phipe present.
Vice Chair McDermade present. Board member Montistine present. Board member Pierre Louu is absent. Um, board member Monestine is absent. Board member each present. Board member Lumman Joseph
present. Board member Barto will not be in. And board member Robert Flint, present. We have a quorum. Thank you. And I guess any old business?
No. But I'm skipping. I know because I don't have it in front of me, so I'm growing my memory. So, we'll go ahead and do the Our attorney gave me a look. Yes. Go ahead. Uh, okay. Good evening, Madam
Chair and board members. This is a summary of the quasa judicial procedures that are applicable to the item to be heard tonight. These rules apply to applications on specific parcels of land like zoning map amendments, special exceptions, variances, and conditional
use requests. The board will sit like a court, hence the term quasi judicial, reviewing the facts presented at the hearing, applying the adopted rules as explained by staff in the staff report and verbally. Board members can make site visits, but must disclose the evidence upon which they intend to rely from that visit. Board members will
disclose at the beginning of the hearing whether they have had communications with individuals on behalf of the applicant or otherwise, including who the communication was with and what the topic of the discussion was. All persons intended to speak to the board will be sworn by the clerk. The staff will make a presentation and the board may ask
questions. The applicant will make a presentation including expert witnesses if any, and the board may ask questions. When the public hearing is open, the public can make comments on the application limited to two minutes each. Citizen testimony must be factbased, not opinion. The board may ask questions and
the applicant's attorney, if any, may ask questions on cross-examination. Members of the public can decline to be cross-examined. Staff may present additional testimony to supplement or rebut arguments made. The board then deliberates based on the evidence presented. The board's decision
must be based on competent substantial evidence, meaning based on the record, staff presentations, expert presentations, and fact-based comments by citizens according to standards for approval set forth in the city code. Then the board may approve, deny, or continue the
item. We ask each of you to treat this proceeding with respect and proper decorum, no calling out, interrupting speakers, or disrupting the proceeding. Please give this proceeding in the same dignity and respect as if you were in court. Disruptions are prohibited and enforcable pursuant to the city code.
Please also silence your cell phones. Thank you. Thank you. And it's only one item tonight. So I'm assuming everyone in here would like to speak on the item. So uh at this moment
we would give you the two minutes and a standard of two minutes. Okay. We'll swear people. Yes. Okay. Good evening everyone. Anyone who plans to speak um regarding this item, I
would ask you to please stand at the moment for the oath. If you plan to come to the podium to speak on the item, you need to please stand at this moment. Okay. Do you swear or affirm that the testimony and evidence you are about to give will be the truth, the whole truth,
and nothing but the truth? Yes. Okay. Thank you. And with that being said, uh, any communications, continued petition. All right, we'll go on with
the new petition, which is V-0925, a variance to allow the existing paving uh, to encroach into the rear yard uh, at 2037 Northeast 131st Road. 21st.
I'm sorry. 21st. Yes. Yes. Any board disclosures? None. Any board disclosure? No. Okay. Thank you, Madam Chair. Safi Ben, Senior
Planning Technician, Office of Land Use Services. So tonight we have before you item V-9-25, a variance to article 5, division 1, section 5-113 of chapter 29 of the city of North Miami code of ordinances land
development regulations to allow the existing and permeable materials to remain located 0 feet away from the property line where 5T is required at the property located at 2037 Northeast 121 Road in the R1 district. said variance is to be reviewed under the
criteria set forth in article 3 division 6 section 3- 606 of LDRs. So to give you guys a background of why we're here tonight, the applicant applied for for a building permit back in
2021. The permit was reviewed and approved and went through all the proper disciplines. It went through mechanical, electrical, structural as well as zoning and it was approved. The permit was approved. It was issued and the
applicant and their team decided to do the work as permitted. Unfortunately, when it came down to the end when zoning did their final inspection, we did observe that there was a part of the pool deck that encroached all the way to the property line. went back, reviewed the plans, and
realized that there was an overstaff that was an oversight on staff and that they approved the the plans incorrectly. So, we were not able to improve their their final inspection. Although it was an oversight on staff, we were not able to approve this
CO administratively, which is why it's before you're here tonight. Usually we would have been able to apply we would have had the applicant apply for an administrative variance if we if it were a decrease in by 20%. However, because it went all the way to the property
line, it has to come in front of the board of adjustments. So, some of the surrounding uses it's in the property is located in the single family neighborhood and to the north of it is a canal. The property is also located in the R1 zoning
district. So this is a survey of the property and outlined in red you could see the part of the pool deck that encroaches into that 5-ft setback area. It isn't a large part portion of the deck and there is still some area for per
permeability. However, because that area does encroach to that step back, it is why it is before you here tonight. So, just to show you guys the backyard, um, right behind the stairs, we do see that area that encroaches into the setback. And to the right, we see that
it is just a small portion and there's still adequate um, space for drainage. So, when looking at the six different criterias, we found that the applicant met four out of the six criterias. The first one, do special conditions and circumstances exist which are peculiar
to the land structure of building involved and which are not applicable to other land structures or building? We say yes. The pool deck was reviewed and approved by staff which led the applicant to believe that the structure was allowed to be built there as proposed.
Number two, um the unusual circumstances or conditions necessitating the variance requests are present in the neighborhood and are not unique to the property. Um for this criteria, staff says no. Number three, that the requested variance maintains the basic intent and purpose
of the subject regulations particularly as it affects the stability and appearance of the city. Staff says yes. Although a portion of the structure does encroach into that 5-ft paving setback, the structure does not um negatively affect the stability or appearance of the
city. Number four, the literal interpretation of the pro provisions of these LDRs would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. For this, we say no. That 5-ft setback applies to all development in the city. Whether you're building a single family
home or you're building a large scale multifamily development. For number five, the variance requested is the minimum variance that will make possible the reasonable use of the land structure building. For this one, we say yes, specifically when it comes to the structure. When we first brought this
situation up to the applicant, they did at least try to go back to their engineering and the contractors to see if there's a way that they can just cut that 5t and just be done with the situation. However, the engineering team was basically told them that the way the deck was constructed and the placement
of the pilings in order to cut it, they would have to not only remove the pool deck but remove the pool as well. And lastly, the granting of the variance will be in harmony with the general intent and purpose of these LDRs and such variants will not be injurous
to the area involved. For this one, we say yes. Um, this variance does not create any visual, environmental, or safety concerns to the area. So, staff does not believe that it'll be in injurious to the area involved. So, because they do meet four
out of the six criteria, staff is recommending approval and we just ask that the applicant complies with all federal, state, and local regulations. That's my presentation. Thank you. Thank you. And we'll open up to the applicant. My name is Alfredo Gonzalez. I'm an
attorney with the law firm of guns. Your mic? Yeah. Hello. Can you hear me now? Good. My name is Alfred Gonzalez. I'm an attorney with the law firm Gunster with offices at 600 Red Bickle Avenue. It's
my pleasure to be here representing uh applicant 2037121 LLC and Mr. Nicholas Pati. They're here. Um and we on behalf of my client and myself, we want to thank you for being here today. I know it's a special
setting at a bad time. Um, we won't take a lot of your time. U, we acted and we try to comply with all of the requirements. I think staff would uh confirm that we, you've seen the survey. It's a minimal 20 linear feet area. And
the problem in addition to what staff said is getting to the back of that property now that it's already built, it's almost impossible. would have to bring a barge. It not only is the work ex extensive, but doing the work would
be an extensive project. Um, in this regard, I will add to you that we built this house from scratch. All of the drainage facilities are improved and modern and would take care of any drainage issues that have to do with the
property. So consistent with your staff's recommendation, uh we would ask that you approve this variance. You should know that our client uh has incurred substantial costs uh in trying to uh with their bank in terms of uh
getting this resolved. They've done everything asked to be uh that for them to resolve this issue and we respectfully request that you approve the variance request. Thank you. All right. With that, I will
open public hearing. Is there anyone who would like to speak on this item? Whether it's for or against, this is your opportunity. You can come to the mic. Okay. Public hearing is closed. Board discussion.
Uh, may I mad? I actually have two questions for staff. Um staff mentioned engineering stating that um it'll be a difficult process to make the changes um tearing out the deck, redoing the pool. Now is this firsthand or you're hearing
this from the client or did you guys speak to engineering? No, this is information that we got from the applicant. Okay. Um in one of the slides, I think it was maybe the third or fourth slide. Could you go back to that please? Yes. Where it showed the rear of the property. This
one? Yes. Oh, that was good. You see the steps? Do we know how many feet those steps are? Where it ends? The space between the steps where it ends in the property line. [Music] Um, I don't have that exact measurement
right in front of me right now, but it does comply with the five feet. We did measure it. So it's safe to say where the steps in is five feet there between that and the property line. The distance between the two it's 5T more or less
more or less. Yes, sir. Okay, that's it for me, Madam Chair. Any other discussion? Chief, I I Well, first of all, I'm going to approve it. But what one of the things I understand with a setback is when you go up to the end of the property line, it's not to
intrude on your neighbor's property. Correct? That's the whole idea, the whole genesis behind a setback. So when we look at a canal, we look at the bay. Geez, you're probably 100 ft across the canal from your neighbors or the bay, you're looking at Bay Harbor Island. I
mean, I when we do the new LDRs, I'm going to propose that you guys can handle this administratively because I I I it doesn't make any sense to me if you if you're going to put a pool deck right up to the end. Or suppose you just wanted to put the flag stones down and and a patio set there, it's the same thing you
utilize in your property. So, I I think when we do our future LDRs, I'm going to propose that. But, uh I I don't have a problem with there. No, when you're on the canal or the bay, there's nobody behind you. I must I just want to clarify one thing as well. Yeah. I Well,
I know that we have right now you're supposed to stop so many feet from the end of your property line to build it has to do but it also has to do with the fact that you want to make sure that there's enough percolation. Yeah. Yes. That's what I want that's what I wanted to clarify
that way you do the drainage where you put your bikes and you go in. I mean it's it's something that's very easy to handle. Okay. Any other discussion? Well, and they said and I
just want to make sure because I know I have something in my mind that we did before, but uh their plans was actually approved by us. Yes. But we didn't look at everything. Yes, it was. I can't speak. All right.
No, I'm not. It was approve. It was approved. Madam Chair, I'd like to make a motion to approve the item. Second. Okay. Moved by Mr. McDate. And did you second or Oh, okay. Mr. Flynn, go ahead.
Yes. Okay. The item's been moved and seconded. Uh, do a roll call. Okay. Chairwoman Phipe. Yes. Vice Chair Mir. Yes.
Board member each. Yes. Board member Joseph. Yes. Board member Flint. Yes. Board member Montisier. Yes.
The item passes unanimously. Thank you very much. All right. Any anything else? New business. business. Would you like to um just our next meeting, our next regular meeting is on the 21st. Yes, our next meeting
will be the 21st and it will start at 6:30 this time. Won't have you guys here too late. So, if you guys know you'll be in attendance, just let me know. I'll be out of town the 21st. Yeah, I spoke with Chief. So, for anyone else, if you guys know if you'll be here, if
you won't be here, just email me or give me a call. The 21st. Yes, sir. Sounds good. We're good. Okay. Oh, well, I just like to thank staff for inviting me back to the board meetings. Do I have a motion to
adjurnn? So move. Second. All in favor? I. Thank you.