WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=Z4IiWmwtP5I

NOTE
MEETING SECTIONS:

Part 1 (Video ID: Z4IiWmwtP5I):
- 00:00:00: Meeting Call to Order, Roll Call, Pledge
- 00:01:33: Quasi-Judicial Procedures and Public Comment Guidelines
- 00:04:32: Approval of Minutes, Quasi-Judicial Oath Administration
- 00:05:58: Motion to Elect a New Board Chair Initiated
- 00:07:10: Chair Election and Vice Chair Vacancy Discussion
- 00:08:54: Variance Request: Check Cashing Store Presentation Begins
- 00:09:45: Staff Presentation: Details and Denial Recommendation
- 00:12:54: Applicant Presentation: Justification for Variance Approval
- 00:17:07: Public Comment: Daphne Hardman Speaks Against Variance
- 00:22:16: Board Discussion: Check Cashing Store Variance
- 00:27:20: Fence Repair and Beautification Discussion and Encouragement
- 00:28:10: Variance Approval Vote and Meeting Adjournment


Part: 1

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and welcome to the um May 20th meeting of the North Miami Board of Adjustment. Uh can we have a roll call, please? >> Vice Chair Michael Mcierade, >> present. >> Board member Kennet each.

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Board member Ector Medina >> present. >> Board member Bernard Pierre. >> Board member Marley Monstein here. Board member Dynam Glory Fenolon.

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Board member Mark Bop. >> Board member Safi Bianame >> present. >> We have a court. >> Okay. Thank you. Can we please have um the board? Mr. Bob, you want to lead us? To the flag of the United States of

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America. Okay. Um, do we have any amendments to the agenda? Not that I'm aware of. No. >> Okay. Um, can we please have any announcements uh to the uh public in

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reference to the qua judicial oath etc. >> Okay. I'll read the summary of quasi judicial procedures. These rules apply to applications on specific parcels of land like zoning map amendments, special exceptions, variances, and conditional

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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

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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

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topic of the discussion was. All persons intending to speak to the board will be sworn by the clerk. The staff will make a presentation. The board may ask questions. The applicant will make a presentation including expert witnesses

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if any. 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 fact-based, not opinion. The board may ask questions and the applicant's attorney, if any,

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may ask questions. That's cross-examination. Members of the public can decline to be cross-examined. Staff may present additional testimony to supplement or rebutt arguments uh to rebut arguments made. The board deliberates based on the

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evidence presented. The board's decision must be based on competent substantial evidence, meaning based on the record, staff presentations, expert presentations, and factbased comments by citizens according to the standards for

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approval set forth in the city code. The board may approve, deny, or continue the item while staff previously read into the record emailed or mailed comments since these are not competent substantial evidence. For example, not

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sworn testimony subject to cross-examination. The board's decision cannot be based on what is contained in the emails or mailed comments, but they can be used to identify issues and help identify sources of information that do that do

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contain competent substantial evidence upon which a decision can be based. Written comments submitted before the board meeting are part of the record and available for review by the board. Lastly, we ask each of you to treat this proceeding with respect and proper

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decorum. No calling out, interrupting speakers, or disrupting the proceeding. Please give this proceeding the same dignity and respect as if you were in court. Disruptions are prohibited and enforcable pursuant to the city code.

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Please also silence your cell phones. Thank you. >> Okay. Thank you. Uh, can I have a motion to approve the minutes of the March 18th meeting? >> Okay, we have a second.

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All in favor? >> I >> Okay. Um, are Yes. >> I was going to say before you call the first item, you might want to do the oath for quasi quasi judicial hearings. >> Um, is there anybody here? Um,

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can you get uh anybody discuss the item? >> Yes, we please ask anybody who's going to be speaking at the podium to please stand so we can they can be sworn in. >> Will you be speaking, ma'am? >> So,

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>> do you swear or >> stand up and swear? There you go. Do you swear or affirm that the testimony and evidence you're about to give will be the truth, the whole truth, and nothing but the truth? >> Yes. >> Yes. >> You might be seated. Thank you. >> Okay. Um, are there any, uh,

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communications or continued petitions? >> No, sir. >> Okay. All right. So, in V-2-26, uh, we have before us a variance to allow a check cashing store within 1500 ft of a residential use.

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Yes. >> I would like to make a motion. >> Um >> Okay. Is that appropriate at this time? >> There was a resignation I heard. Right. I think it is. >> It is >> to elect a new chair.

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>> Is the vice chair present? >> Okay. where he would be the vice chair normally, but >> I'll defer to the board if you want to take up that business tonight or if you would rather have it on an agenda where it's been advertised as an item on the agenda.

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>> The vice chair normally serves in the absence of the chair. So, it's not necessary. >> Well, what happen if the vice chair is not here? the then the board would have to appoint someone but >> Oh, I see what you're saying. >> Is Mr. McDermott the vice chair? I think

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he just said he is. >> Yeah. So, okay. So, that's so it is appropriate, >> Hector. So, >> it is appropriate. >> Okay. All right. So, >> so I made a motion to elect a Michael

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the next chair for our board. Second. All in favor? >> I. >> Okay. So, now we need to elect the vice chair. Jennifer, is that what you're saying?

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>> I believe the vacancy is for the chair position. No. >> Yeah. But we don't But I was vice chair. So now we have to elect a chair. >> Vice chair. >> Well, you would your vacancy is for chair, >> right? So I believe the motion that um

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board member Medina raised was to appoint a chair. >> But now that he's >> now if you end up being appointed as the chair, then we will have a vacancy for vice chair >> and then we would have to have an election. >> Dr. Medina just made a motion to make

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Mr. McDerm made >> Oh, I didn't hear that. I'm sorry. I I heard that you were um making a motion to take up the order of business to appoint a chair. I apologize. I did not hear that. the appointment. >> Yeah, the ordinance provides that the vice chair serves right presides in the

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absence or disqualification of the chair. I mean, that's the purpose of the vice chair. But now that you've elected a new chair, you need to elect a new vice chair. >> Okay. Anyone >> on me? Not you. Anyone?

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>> We have a couple of um members that are not present. How many? All right. >> You could put it off until the next >> Yeah, I would I would ask that we do that. >> Okay. Okay, sounds good. >> We can do that. Okay. Now, under V-2-26,

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a variance to allow a check cashing store within 1500 ft of a residential use or zoning district. Uh the address is 8:15 and 8:17 Northwest 119th Street. A variance to article 5 division 16

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section 5-1602 of chapter 29 of the city of North Miami code of ordinances land development regulations LDRs to allow a proposed check cashaching store at the property located at 8:15 and 8:17 Northwest 119th

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Street to deviate from the minimum distance requirement of 1500 ft from a residential use or zoning district said variant to be reviewed under the criteria set forth in article 3, division 6, section 3-606 of the LDRs.

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Okay, staff. Yes. All right. Good evening, board. My name is Daniel Lozander. I'm the zoning administrator on the behalf of the city community planning and development department. Um tonight's presentation is a simple

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request um made by the applicant regarding a variance request to deviate from article 5 division 16 section 5-602 which is simply uh referencing to check

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cashing source and they're deviating from the uh requirement of 1500 foot separation from residential uses and residential zoning districts. Here we have the property details. Um

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the business owner is Amscott Corporation. Property address for the record 815-817 Northwest 119th Street. Reference folio number 06 2126 029 0010.

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Current zoning district is C1 commercial district. Existing land use is commercial. and the future land use is commercial/off. Here we have the location map identifying the subject property in green. Um adjacent to it is the auto

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zone which is in a commercial plaza KFC and then also to the southeast portion is the poor tropical. Here we have photos of the existing site. Um, as of today, um, as you can see, there's currently, uh, existing

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parking on the lot, um, which is restriped, existing landscaping and trees. Here we have an image of the property and the public notice. So the property the property was um properly advertised

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uh 3 weeks in advance prior to the meeting and the adjacent property owners within 500 ft was also notified as well. Listed here we have the variance variance standards um which is part of um the city's land development

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regulations. Out of the six standards, uh the applicant has demonstrated uh only compliance with one. Um a minimum of four is required. So staff is recommending uh denial uh for this uh request if the board

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determines an action uh of an approval. Uh the two conditions here listed on the screen. Um and I'm going to read it for the record. Prior to the commencement of the business, the applicant shall receive a certificate of use and business tax receipt from the community

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planning and development department. Condition number two, um the applicant shall submit a building permit to the building department when it comes to the interior renovations of the property. That concludes my presentation

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and the applicant is here um if you guys have any additional questions pertaining to the business. Thank you. Okay, Mr. Sor, >> good evening. Um, chairman and board members. I'm Arthur Sord III representing the applicant for the

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proposed Amscott location 1815 and 181719 Street. We respectfully request approval for this variance to allow regulated financial services um to take place here. It's um just want to put on the record

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um we also do cash advance installment loans of course check cashing as which was said um bill payment services we do utility bills phone bills people come there pay those bills as well we do money orders notary

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prepaid debit cards um and master cards wire transfer services ATM access and fax and copy and postage services. Um, this is not your typical check cashing

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store. Um, and the property, our point is the property is already based as a C1 commercial in a wellestablished commercial corridor. We're not expanding anything. We're not making anything. We're not add on the back of this building. We're doing nothing at all.

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This building is, as stated in the presentation, a commercial building. Um the request simply allows us us to be a tenant in an existing building. Um and right now we're being hardshipped by the 1500 ft, but I think pretty much

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anybody coming is going to be harded by this because the commercial corridor sits directly abuting this residential neighborhood. Um we're a long-standing Florida based financial service company. We have over 200 locations statewide. We

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fully operate indoors. No outdoor activity, no amplified sound, no structural changes, no neighborhood disrupt disruption is going to be there. While we do understand staff denial, a recommended denial, that's straight

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textbook, their denial by what's in the code. It doesn't look at, you know, this building's already here and this other stuff. So, we do, you know, respect that, but it doesn't, you know, strictly apply because everything's there. We're

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not adding to it. Um, right now with it being 3 weeks out, we did do our notifications. No objections. I'm not aware of any objections that came in in the meeting. >> No objections. We also did receive three um supporting letters in support of the

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applicant. So I know two of them by head, JBL and one was from Nomi Village >> and Milton um Robin that owns the plaza on 7 northwest 17th Avenue. He owns a plaza and he also owns a plaza on um

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northeast 6th Avenue. Um so he we have a supported letter from him as well. Um so we're just seeking the you know relief to go allow us to open up. We are aware of the two conditions that must be met, the CU and the BTR. We have no problem

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doing that. We will begin working on that immediately. Um I know the last month meeting was cancelled, but we were prepared to move forward last month once this gets approved. Um if should the board approve it, we anticipate having everything done within 60 to 90 days and

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being open. Um just as a resident, well, former resident of North Miami, but I've only been gone six months. Uh but uh still a property owner in the area. I think everybody knows that plaza where Amcott's going and that plaza struggled for years to keep tenants there to be a

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nice plaza. That plaza has people in and out all of the time. You know, Amscott's not going to be one of those people that are going to be in and out. It's going to be a standing business. You know, over 200, you know, location statewide. So, we thank you and look forward to your consideration.

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>> Okay. Uh let me open up open up public hearing. Is there anybody here to wants to talk for or against the project? Come forward. Please give us your name and address. Thank you. My name is Daphne Hard.

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Daffhne Hardman. Um I live at North Sorry, I wasn't expecting to speak today, honestly. Uh, my address is 775 Northwest 128th Street, North Miami, Florida 33168. I essentially live right behind the building.

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Um, there is a wall or what's the remnants of a wall um between me and the proposed business. I just learned that today. Um, I received a notification that it was going to be within a 2-m radius of my home and I had no idea that

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it was literally going to be right next to my home. and I came here on behalf of the people within the two-m radius, but now I have to speak for myself apparently. Um, I've worked I'm a my day-to-day job. I do risk management, corporate risk management um right now

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for for Swatch Group. Prior to that, I worked for First Data, which is the largest um check out the largest payment processing company in the world. Uh I worked with many banks um Bank of America, Chase, all those things. And I

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did that for over 10 years. And what I can say and I know for a fact to be is that check and I' and I've used check cashing stores from time to time as back in the day when you were building yourself up. But check cashing stores are is a predatory business. And the reason why it's a predatory business is

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because for vulnerable people, low-income people, it's an ongoing issue. um when they're when they're check when they're when they're taking out cash advances and they're putting themselves in a minimum what if they're doing it every

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pay period that's what $100 to $200 a month take being taken out of their pockets there's no equity to be built with a check cashing store um with an individual attending a check cashing store versus the bank that's there's a Chase bank that's on 7 a there's a Wells

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Fargo um and for it to be near so close to homeowners I think the um not I think the dangers of someone that's struggling to pay through pay pay their mortgage to now be permanently attached to a track

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cashing store. It's something I I don't think that we that a homeowner especially in this day in in this current economy can handle. Um, aside from that, when it comes to an actual check cashing store, now I know they stated that the building is already there and they're leaning on the fact

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that, oh, they we're not adding anything. You're literally adding a business, a check cashing store, a business model that wasn't there before. Um, it wasn't there before. So then, so why what I don't understand is what

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makes it different? Why? Why for as far as it being a financial entity um that doesn't actually help the person that goes there outside of them putting themselves in more financial debt? There's banks in the area that they that they've been going to. Uh aside from

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that, I mean, it's not the track store is not FDIC um insured. So, the deposits are not there's no there's no um financial security with the deposits. Uh there's no there's no business loans or or mortgages to that can be built

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outside of a thousand dollars. That wouldn't make a difference between the business. Now, as far as my I'm sorry, >> I'm going to have to interrupt you, but we do have a limit of each party is speaking no more than three minutes and you already hit your limit. >> Oh, I didn't know that. >> Okay. >> Okay. We'll give you another minute. Go

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ahead. >> Okay. um living right behind currently there's a wall that should be there that's being knocked down by the current construction that now I'm knowing that what construction is is being knocked down bit by bit um where come where people that don't live there are going

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in and out is drawing more and more of of um the beautifification is I guess it's only to the storefront it's not it's being deteriorated to the actual homeowners so um and I'm I'm I'm expecting that to probably keep going

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cuz I don't see any type of construction for you to rebuild the wall that you're knocking down to finish the business. So yeah, and oh yeah, also um the with homeowners not being the ones that's naturally going to be attached because

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most homeowners have banks. So if they're naturally not going to be the main car, the main customer of that store, then there's then that's encouraging people that don't live in that area to add to the deterioration of uh predatory business that's going to

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affect homeowners in the end. >> Okay. Thank you very much. >> Thank you. >> Okay. Is there anybody else? Okay. Public hearing is closed. Board members, I have discussion. Mr. Bob. Do

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you want to address the vote then? >> Uh, thank you for the presentation both sides. Um, I have no comment other than if it's not a check cash play store rather. Um, that

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lot would be vacant that unit. No. And so at some point another business would have to occupy that location. Um I think there are valid points that

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are raised as far as predatory lending and that but in the same vein you know there is autonomy and free will in the sense that this also a business like that also provides access to funds for individuals

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who might not have been able to receive them. And while I won't, you know, comment further on the morality of it all, just from a variance standpoint, uh they're just it's already there. Um

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the area is already there. It's not a case where construction is required and the applicant has mentioned already uh complying with the changes that were requested on behalf of

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staff. um in the presentation. So, uh overall I'm in support of it. >> Okay, Miss Bame. >> Um yes. So, I mean I just really only have one concern um with this variance and just the fact

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that you know we have it is a commercial corridor. along 119 and there are so many other commercial uses that is permitted by Wright that wouldn't necessarily need um a variance to allow

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the use to be there. So that's that's kind of where I come from come from with this. I mean, I'll support I'll support this variance tonight, but I mean, moving forward, I do think we need to be mindful of, you know, the variances that, you know,

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we're asking for. If there's so many that could be permitted by right, then I think we should be exploring those other options that, you know, wouldn't require variance. But that's all I have to say.

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Okay, Miss Monstein Hector, >> um, I have a couple questions. Uh, what are the office hours for the check cashing store? >> Um, we're regular office hours. I know we close at 10:00, I believe.

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Um, I know there weren't concerns raised by any other property owners besides um I didn't catch your name who just um spoke. Okay. Yes, Daffany. Um I guess I think for me it's more so our actual land de development regulations

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are a little dated it sounds like. So, I kind of want to get a sense of how many cash um check cashing stores are in the area, if any. >> Um staff didn't um do an analysis um when it comes to what's existing and if

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there's other check cashings stores within the the corridor. >> Um however, >> in the city that you know of >> uh that I know of. I know there's similar uses. Yes. >> Okay. >> But I'm not sure if they're uh within this corridor here. >> Okay. I was here.

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>> I want to say there's two in this. >> Yep. I know. I was here around the time u when we did the last development regulations. Um it may be opportune to look at this one maybe for a possible amendment. Um so I think 1500 ft.

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>> Considering if I could see one there's residential budding. >> I don't think that this is a bad thing. It's not a strip club next to a school. Um, I don't see any, you know, check cashing stores making any noise or being disruptive in their practices. Um,

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and I think ultimately this is going to be a service that the residents can use and even non-residents will use. So, um, as much as some folks may not agree with the practices that they have, um, they have 200 maybe plus stores, that means

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they're definitely being used. And so in that case, I think I'm supporting the item today. >> May I just clarify something for the record? >> The applicant submitt says the proposed hours are 7 days a week, 7:00 a.m. to 11:00 p.m.

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>> Okay. Okay. >> The noise ordinance kicks in at 11:00, right? 11. >> Okay. So that's fine with me. Thank you. >> Okay. Mr. Medina. >> So, I know you're not the landlords, but I

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was wondering if uh the fence can be repaired or maybe you can talk to a landlord to not to to put up, you know, a buffer between the commercial and institution and the residents. I did speak to um well my client did speak to

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the landlord and ask him to do some beautifification back there um because it does look bad and they want the place to look better. So they're working with him to try to get him to do some. But again, this I think falls within now he has strong tenants. He just had a wing stop going in there. Now the amp stop

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goes in. So now he'll have tenants where he can make those investment. He's not worried about tenants walking out. So, they're going to try to beautify the rear. >> Yes, we're trying to get the land the landlord to do so. >> Good. Okay. I I always like a buffer

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between commercial and residential. >> So, okay, that's all. Okay. Um I think as as much as it may have its issues um I think the fact of having it

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access in that area where there might be a need for that particular business um um I think trumps some of the other possible concerns um that you know that uh uh the young

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lady who came up before might might have. So, uh I'm in support of this as as well. Um do I have a motion to approve the item? >> Second. >> I have a motion and a second. A roll

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call, please. >> Vice Chair Michael McDerme. >> Yes. >> Board member Mark Bop. >> Yes. Board member Ector Medina. >> Yes. >> Board member Marlene Moneststein. >> Yes.

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>> Board member Safi Bianame. >> Yes. >> The motion has passed unanimously. >> Thank you. >> Very good. All right. Thank you, Mr. Sori. >> Thank you very much. I appreciate the board. >> Okay. All right. >> Um, is there any old business to come

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before us? >> No. >> Okay. No new business. Uh thank you everyone uh for your support. I appreciate it. Um do I hear a motion to adjurnn? >> Motion. >> All in favor say I. I.

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>> Okay. Thanks.