##VIDEO ID:Q98XUP_jGGg## [Music] [Music] [Music] [Music] [Music] [Music] [Music] n [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] he [Music] [Music] please take take your seats the meeting is about to begin remember to speak into the microphone as this meeting is being recorded for public record please stand by we are going on air in 5 4 3 2 one good morning everybody Welcome to the September 6 Zoning Board of adjustment meeting uh we appreciate you all joining us today it's it's been a while since we had a meeting actually the last meeting we had was March 1st uh which I missed cuz I was in LA visiting my kids um great to be back in the in the chambers and the renovated Chambers really nice um also very excited this the first time we've had a full board in a long time so um you know we're ready to to serve the community and and hear items I do want to take just a couple quick points of personal privilege as a chair um the the March meeting was Michael Baloo his last meeting um as our city liaison he moved back over to the planning board and I I work very closely with him and I want to thank him uh for being there for me as the chair and serving this board um we appreciate it um we now have oio Madden so we're looking forward I'm looking forward to working uh with Mr Madden I also want to give a Kudo and a thank you to my my wingman my vice chair sitting next to me Mr asion for doing a great job in running the March board meeting I did watch I did watch the recording you did a good job so so so so I appreciate that uh also uh want to welcome a new board member which makes us a full board um Steve Davis Steve welcome to the board good good to have you on the Das um with that um let's go ahead and get into the meeting um Mr Madden if you can please take formal attendance all right um good morning everybody um and I'm going to go ahead and take attendance um chair Michael Goldberg should you just want me to just confirm that everybody's here or would you like okay so I can confirm all seven members are present we have a full board uh for the first time I think in a in a bit so welcome everybody awesome so we're excited we're excited about that so I'm going to go and hand it over to uh the City attorney Mr City attorney good to see you I'm going to have the City attorney give us any updates um he'll give instruction on how to participate via zoom and then he'll go into uh swearing in of the public Mr City attorney thank you sure good morning uh Mr chairman members of the board and members of the public uh today's meeting of the board of adjustment has been scheduled in a hybrid format with a quum of the board physically present in the commission Chambers located at 17700 Convention Center Drive third floor and applicant staff members and members of the public appearing either in person or virtually via the zoom platform uh if you wish to participate in today's meeting via the zoom platform please dial 888 853 5257 which is a toll-free number and enter the webinar ID which is 828 6961 5309 or log into the Zoom app and enter the webinar ID which again is 61 5309 any individual wishing to speak on an item must click the raiseed hand icon if they are using the Zoom app or dial star9 if they are participating by phone uh before I swear in those that are testifying today I'm going to remind all and read into the record the city's notice regarding lobbyist registration if you're appearing on behalf of a business a corporation or other person you will 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're speaking only on your behalf and not any other party or if you are testifying as an expert witness providing only scientific technical or other specialized information or testimony in this public meeting or if you are appearing as a representative of a neighborhood association without any compensation or reimbursement for your appearance of to express support of or opposition to any item expert witness and representatives of neighborhood associations shall prior to appearing disclose in writing to the city clerk their name address and the principal on whose behalf they are communicating if you are an architect attorney or employee representing an applicant or an objector you must register as a lobbyist these rules apply whether you are appearing in favor of or against an item or encouraging or arguing against its passage defeat modification or continuance um Mr chair before we begin um I'd like to take this time to swear in the witnesses that are present in Chambers for those that are appearing via Zoom I'll have to swear them in individually so sir if you can please uh stand uh 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 and you twoo sorry I do thank you thank you Mr chair thank you Mr City attorney we appreciate that uh in your package that was sent out you had minutes for the March 1st 20 24 meeting hopefully you had an opportunity to review that um and I'd entertain if there's any changes or Corrections motion to okay motion to approve by Mr Silvers I hear a second second second by Mr krennic all in favor I opposed okay I have to actually obstain because I wasn't at that meeting so um say again you can still vote I can still vote okay yes okay perfect okay um we do have discussion item um but in respect of the applicant we're going to move the discussion item to after we we hear the item uh we do only have one item uh on the agenda um should be fairly uh easy and quick for us to go through this um but in following the agenda uh I'm going to ask are there any requests for continuances or withdrawals there are no requests for continuances or withdrawals any previously continued applications there are no previously continued applications okay great with that being said I'm going to ask that uh Mr Madden see up new application zba to 24-16 5500 Lor Drive Mr Madden okay so this is an application has been filed requesting variances to exceed the maximum allowable lot coverage for a two-story home extend a non-conforming side setback and exceed the minimum front set back for a second story in order to construct a second story addition to an existing single story single family home um just for history there was a variance approved by the board of adjustment on uh for this home on October 3rd 2014 um and that was to uh to wave the minimum required Street side setback and a variance to wave the minimum required rear setback uh in order for uh for the applicant to build some additions to the front and rear of this existing single family home so now uh the applicant is proposing a second story addition to the home um the home uh currently has a lot coverage of 40 uh I believe it's 40 point point um apologize 40.1% 40.8% um which exceeds the maximum allowable for a single story home the maximum allowable lot coverage for single story home is 40% lot coverage um the applicant is requesting to go up to 42.9% and that's to create a small addition on the ground floor that will allow them access to the new upper level um that the applicant is proposing to build um staff has no objections to that variance um it is uh it is minimal it is intended to as provide access to the upper level um um there is a practical difficulty on the site the site is constrained and the applicant is proposing to maintain the existing home that is something we typically want to encourage um and and not encourage tearing down and having to build a whole new structure um so staff is supportive of that variance um the next variance is a variance of the minimum required side yard setback of seven 7 feet 6 in in order to construct a new addition with a side setback of 5T um again the applicant is proposing uh a second story addition that Second Story Edition is going to follow the existing setback of the first floor um which is a currently IL legally non-conforming side setback uh because of the the that is a a hardship the applicant um would not be able to provide an additional setback without doing some significant structural modifications that would make this addition impossible to do um so staff is supportive of that setback um the other variance is a variance of the minimum required setback for a second story addition of 40 ft in order to construct a new addition with a front setback of 24t 9 and 3/4 in um the Second Story typically if if you have a single story home and you want to do a second story addition we require that to be pushed towards the rear of the home um in this case the applicant has a difficulty that the rear of the home does not have the the the structural capacity to be able to support that Second Story Edition uh making it impossible to locate it there uh without doing some significant structural modifications as a result the applicants locating that Second Story Edition closer to the front of the home um so that is a that is a practical difficulty um in order to uh to to be able to build that addition which would make the home usable for this applicant uh in the long run moving forward uh it is next to a new home that is uh much larger um so this this these these variances will not overwhelm the neighborhood they are compatible with with the surrounding vicinity um and so overall staff is supportive of these three variances um and staff recommends that the board of adjustment approve the variances subject to the conditions in the attached draft order great thank you um before I uh introduce the uh applicant are there any disclosures on the dice no thank you okay uh can we set the clock for 10 minutes welcome Mr jela you have 10 minutes no the far right button there okay um uh Nick jelp I reside at 5500 lorus drive along with my wife I'm also the architect uh of the project um uh thank you you uh for the intro raelia thank you members of the board um I appreciate the opportunity to present the project I'll just a quick side note I was a member of the Miami Beach planning board for six years and I just mentioned that to say that I know the effort that goes into these things and appreciate your time and attention and involvement in our community so thank you um a quick history you some of you may remember I was here last September at this meeting we sought um a very similar uh set of approvals which we received and that was to locate an addition to the to the to the house on the rear of the lot um we got the approvals and sort of went through the process of developing the plans with our engineer and quickly realized that um we would basically have to demo the first floor under the second floor where we were proposing to build a home um something that uh we really can't do for a number of reasons um uh uh Chief among those reasons are the expense um we have the 50% rule to contend with and we recently renovated the house about uh in 2014 about 10 years ago and it's somewhat of a special house we think so um I can get through this presentation in three or four minutes but wanted to walk you through the existing home to try to explain what we're proposing to do and what we're proposing is effectively the same project just in a different part of the house uh for the Second Story um this is the existing site plan of the home we're on a corner lot on 55th in lorus and um we have a kind of deep u-shaped house uh so you enter from the street walk all the way up the courtyard and then enter through the front door you know more than halfway through the floor plan where you see this dash line on the bottom is where in 2014 we we added that amount of square footage to the house when we first purchased the house we had one child who's now a 12-year-old uh sixth grader we now have four children and we've sort of outgrown the the uh We've outgrown the house a bit we're crowded we have bunk beds thank you and uh so we we would like really what we're seeking to do is add two bedrooms to the home so uh we added this this amount of addition in 2014 this is the view um as you enter from the streets you have this very deep Courtyard um and we love the house we spend a lot of time in this Courtyard um and we use it as a really part of the living space of the home this is the view from the front door looking out back towards lorus drive and as you can see it provides a fair amount of sort of open space that is open to the street which is kind of smart good Urban ISM but also a fair amount of privacy just due to the depth of the space this represents basically what we added in the first go around and you'll notice this cladding these pattern of tiles that we put on um where you see that roof jog on the top that's where the original House ended and then we added onto the front and then we clad the South facade in these pre-cast tiles I'm a professor at FIU and I research this um interesting material and we clad the home with basically a wood based concrete panel that is very insulating and also kind of cast playful Shadows on the house so I'll show a few more photos of that and we have some windows on the floor some up high some at furniture height and then this was the installation of those pre-cast panels we have an effect like this one in the courtyard one on the Southside we received an award um a few awards for the home um maybe most proud of this one from the Miami de uh Miami Design preservation league for excellence and compatible new design award um at certain moments of the day you don't really notice the texture of the addition in the house um but when the sun is at certain angles you really see these dramatic Shadows so we're very proud of that the home was featured in Tropic magazine um an article called Little House big ideas and also in dwell magazine um and then finally we received an AIA Miami award for for the project so I'm going to walk you through the plans that are in your packet really quick I'll kind of pause on the ones that I think need a little more explanation so here's our zening data sheet this is uh basically our existing unit size and to Rio's Point um you know we're below the 50% unit size um and I think what we're proposing is still below the 50% back on the next page is our is our lot coverage and back when we first did the project in 2014 the lot coverage for single family homes was % so we were well below the 50% we're now slightly over the 40% that is required for single family homes um but as a result of filling in this Breezeway which is an outdoor Breezeway uh as raelia mentioned to gain access to our proposed second floor we're now at like 42.8% uh lot coverage and then um additionally uh at the point where uh the home becomes twostory it is I believe 30% is that right right so we're well over the 30% but um we were sort of already well over the 30% so we're adding 194 Square ft to the ground floor um this is the existing site plan that's what we're adding it's really a new entry mud room and the stair will be located there and this is the existing plan you see that Breezeway which is outside so you have to exit the house to enter into the garage um and we are filling that in and this is the what we're filling in there so there will be an addition entry there it's going to serve as a kind of mud room laundry room bathroom and then we're converting half the garage um to a home office uh guest room and then you'll see the stair it's it's a tight footprint um it's about 16 feet wide the two wings of the house so we're trying to take up as little space as possible with the stair to leave us enough room for the addition upstairs and then this is the upstairs uh addition it's basically one bedroom bathroom and closet um my iPhone's larger closet uh and then the roof Pine here so these are really the three variants I think the one that is May perhaps the the hardest to um kind of properly understand is is this one so I'll just zoom in on it for a second so as for Helia mentioned the line all the way to the left is where we would be required um to set back if if you have a a first floor that is set back 20 the second floor should be set back 40 if we were to build a new two-story Edition I believe we could set that back 30 um and our previous proposed addition was over this back corner over master bedroom and part of the living room and in in so um working with the engineer we realized we were going to have to add um new Shear walls to support that at that location and so we even though we were approved and had invested significant time in that project um we realized it it wasn't going to be a feasible project and it's why we're back before you so instead of here we're proposing to set back the Second Story Edition 5 ft from the ground floor these are the existing elevations on the top with the addition below shown in context so here it is from the street this is it from the rear of the house which faces the golf course and this is it from the north side of the house which um currently has a home who have plans in the works to uh build a rather large home uh which is going to dwarf this one so here you can see uh a few sections through the home and this is a rendering of that from the street um it's a little bit generic of an addition at the moment we'll you know we'll deal with the clouding or or something but uh I I would like to it may end up being like this a smooth stucco finish um and then that's really where we were at when we applied I just wanted to show one additional slide because something has kind of come up as we develop this and that is I think we would probably want to actually put a slip roof on the home we have solar panels on the wing that we're building over and um I don't think we're not seeking a variance for any height exception or anything like that so most likely we will have a a hip roof on that addition um and I just wanted to be sure that I show that for the record and that is it okay um let's go ahead first and open up uh to public comment do we have anybody on Zoom there's there's a there is a resident online M Ras but I don't see a hand raised so so I don't nobody Uno okay so we're going to go ahead and close the public comment then I'm going to entertain questions uh from board members through through the chair either for the um the applicant or or staff board members question question okay go ahead you tell me why you didn't continue to cling on the addition on the new addition yeah uh we we may the same clouding you mean right um that was that was we may uh uh we were looking at a number of different materials um and uh um we kind of saw that cladding as a kind of thematic uh uh treatment of the previous project and we thought to give this when we're considering a a vertical standing seam metal cladding um or actually uh a different rain screen type of clouding but we probably will Cloud it in something but I I don't know that it will be the uh the the pre-cast house they're pretty heavy um they add a decent amount of load to it and we're just trying to keep it light it's really the only reason but we love the clouding and and and it's we may any question I have okay just just for the information I know these these microphones are new make sure to please um when you press the button you'll see red will come up on your mic and on the on the speaker on the thing so you'll know that your be your mic's hot any other other questions um through the CH Mr yeah notice that 55303 houses to the north of you sort of has a second floor popped out more or less where you want to propose your second floor it seems to be pretty much in line with with that home I was going to ask you about the solar panels but you just said you you're probably going to reinstall them on the yeah we have them at the moment and you have a lot of them how are they working well for you they are working well uh however uh our installer told us they would be uh uh uh resistant to golf balls which we find they are not so quite a few are cracked and we have we need to replace uh a certain amount of so actually getting them up higher will be a real Advantage nice work you might want did you consider adding adding some lighting to the edge of the house to create the shadow effect at at at night I think you did in one of those pictures it looked like it oh on the on the Edition yeah on the current on your current house you have Lighting on the on the roof to create that shadow effect uh yeah on the on the walls so at night they're illuminated and it cast Shadows but not top down bottom up or is it we don't have uh landscape lights shining up they're in the eaves of the house shining down beautiful thank you nice have anymore other questions from the board I was just curious no um I'll just um I'll make one comment um you know you've been in the house since 2013 and you know with everything going on on the G drive and houses being bought and knocked down and you know Mega house is being built I mean you have a very large one just to the south of you um the fact that you're doing this great renovation and retaining the Integrity uh of the architecture is is is a Kudo so you know to me I you know I appreciate apprciate that cuz you know there's other things that you could do if you wanted to so yeah I appreciate that we love we love the house um we like being there so just got to get better golfers that just those golf balls don't all the ball right for the record I don't golf at the gors I I I I I I think uh one of our board members does so be careful when you go by his house next time Mr Davis okay uh with no other questions or com hit it on the other side I don't hit your house with no other questions uh or comments I'll entertain any motions from the board motion to approve motion by Mr krennic second by Mr Davis all in favor I oppose congratulations Mr chel thank you very much Lu appreciate it take care thank you so much okay uh next is our discussion item uh referencing the resilience s code clarification amendments uh I'll go ahead and uh and this was sent out to you and I know uh Mr Madden will is going to put it up on the screen and make your presentation to go over that Mr Madden okay so this is a a discussion item regarding the the uh Land Development regulations of the city which we know as the resiliency code um the resiliency code was adopted last February um and it took effect I believe it was June 1st of 2023 uh since then we've we've noticed some things like in any code that need to be updated some things that we may have missed some things that can be improved on um and so these are these are really clarification amendments uh of of things um that that we feel need to be updated in the code uh several of these things would affect variances uh the types of variances that come to the board and I'll I'll get into a little more detail I'll focus on those sections that affect variances um related to yard encroachment setbacks and other other other issues such as that um so the goal of this discussion is if you have any any additional feedback anything that you think we should include in this technical update items that you feel hey these things are coming to the board why do these things come to the board maybe they they should just the code should be amended to address these issues to make things easier for applicants things like that that you may that you may wish to suggest and recommend um and and anything else we're open to any other ideas um um regarding this update to the to the zoning ordinance um so with that if we can load the the PowerPoint presentation okay so the um should I go to the podium to control the the presentation communication staff no you could just uh request to go to the next slide okay perfect thank you okay so next slide okay so the first thing we plan on updating are some definitions um some of these definitions create uh create doubts for for applicants and so we're we're looking at updating this the first one update the definition of yard uh particular the definition of corner lots that create some issues applicants aren't sure where they should take setbacks from uh when they have a corner yard so we want to update that uh to to clarify that a little more um update the definitions for high albo surface this affects uh roofs um and uh Pavements we're looking to create light colored roofs and Pavements um that reduce Urban heat island effect uh update the definition for cool Pavements same thing uh and update the definition for for lot so that it's clear that each zoning district has its own applicable zoning requirements next slide please okay we're looking to clarify some of the uses that we have in the zoning code um we the city of Min Beach zoning code has a lot of detail in terms of use that's we regulate um how uses operate so we want to clarify some of these things um so we want to Define first of all uh the outdoor commercial recreation is permitted in Comm commercial areas we're seeing a lot of pickle ball courts and other things that are being located on Commercial structures and we just want to be clear that those are permitted um um we have a lot of uh regulations for accessory uses that are located towards the end of the code and a lot of applicants may not be aware that those regulations exist so we want to incorporate some of those into the individual zoning districts um where that makes sense uh so that it's clear for applicants when they're looking to see what they can and can't do with their property we have certain nuisance uses that we Define in the code um those include um pawn shops uh uh what we call ult science establishments certain uh certain sort of convenience stores that may create a lot of issues for neighbor so we want to uh make sure that we clearly Define where those are and are not permitted uh currently the code is clear where they are permitted but less clear on where they're not permitted they're sort of defined as just a general commercial use um clarify some other things in the GU District that's the government use District um clarify we have some new terms for our sidewalk uh Cafe program we call it a concession program so just updating those definitions um and then the code also has some Hotel occupancy limits we want to include those definitions in the CPS one and two next slide please so yard encroachments these These are these really affect variances um a lot of variances are related to set packs and yards so this is these are some of the things we'd want to clarify um clarify that central air conditioners emergency generators swimming pools pool equipment and other mechanical equipment that those are allowable encroachments in all districts currently the code says they're only allowable encroachments in the arm1 and th District so if somebody was in a in a rm2 which is a m uh midrise multif family building they wanted to add an air conditioner to the side of the building if they are at the setback they would not be able to do that without obtaining a variance um a new a building should be able to add an air conditioner so we think that that would make sense to allow them to have those as yard encroachments into their sidey yards um clarify that bicycle parking is an allowable yard encroachment in in in non- single family districts um so we have requirements now for bicycle parking to encourage people to to bike instead of driving um we don't necessarily clarify that they can have the bicycle parking in their in their yards um so we want to make that clear um we want to clarify that art installations are an allowable yard encroachment we get a lot of new projects now that they're including art in their front yard and and making sure that they can they can actually have those structures put in place um clarify the definition for accessory buildings to include walkways um so a lot of times in single family homes and in other districts they build an accessory building in the rear yard um and we have a specific area that they're allowed to occupy um and it's not clear that that area also covers their walkways um and then we also want to make some other clarifications for marine structures the board of adjustment often gets variances for um um Marine structures um and we want to make some clarifications to those definitions uh because it does involve other review agencies outside of the city's control next slide um this is just quick for this is these are things that we approve administratively Planning and Zoning permits the code refers to Planning and Zoning permits in several areas but it really doesn't Define what that is and what that entails so we just want to make sure that that's clear uh we want to clarify that you do not need a special per planning and zoning permit for Real Estate signs um we get a lot of obviously a lot of homes go for sale um and we want to make it clear that you don't need a permit but we do want to make it clear that they still have to comply with size limitations and other things that are in the code um and just a few other other clarifications there next slide please this one affects the the boa uh this is uh these are related to the single family District a lot of the variances that come here are related to the single family District um so we want to clarify um height limits in single story homes um currently that's sort of located in an obscure area of the single family District we want to highlight that single family homes have a height limit of uh 18 ft for flat roof uh 21 ft for sloped roof um right now we've had some applicants that miss that height requirement and they use the height limit of a two-story home um and then we sort of have to send them back and we want to make sure that that's very clear um we want to clarify uh for under story homes um pools can go in the understory we want to clarify um setbacks for the front yard if you're doing a if you have an existing single family home similar to the variants that we just had we would require the second floor to be set back 40 feet if that single floor if that first story go is at the 20 yard set back which is what's allowed for a single story home your second floor will have to be set back at 40 feet um we want to clarify that that's also available for new homes um um that new homes could develop with the first floor at 20 ft and the second floor set back at 40 ft uh similar to what would be allowed for an existing single story foam um for carports um carports are allowed to encroach into those front yards clarify the height limits um we have uh we we'll probably see some variances next month for uh what what we call an architecturally significant home um and so we want to clarify that the requirements for some of side yard setbacks don't apply to architecturally significant homes these are homes that get special incentives in order to to uh uh be able to preserve and preserve those those existing homes so they get several setback incentives unit size incentive lck coverage incentives and we want to ensure that they don't have that they're that it's clear that they don't have to use the sum of side yard setbacks as an additional incentive uh to preserve those homes um we want to clarify setbacks for swimming pools uh clarify requirements for landscaped and Open Spaces um um and the and also clarify that uh fence Heights interior side and non-waterfront rear yard setbacks uh rear yard fence Heights um the elevation that we measure those from that's something that applicants often have issues with um when they're installing a fence in their side yards or in their rear yards where we measure that height from currently the code requires us to measure that from the sidewalk elevation but when you get all the way to the rear of the property the property might be at a higher elevation it may be difficult to determine what that sidewalk elevation is when you get to the rear of the yard um so we want to measure that from the minimum elevation a yard is supposed to have um in order to make it a little bit easier for applicants so next slide parking uh we just want to clarify a few things so that it's clear how to measure parking our parking code is pretty complex you need to have a degree in advanced mathematics in order to calculate our parking requirements um so we want to just clarify a few things um in this section uh to make it a little easier for for staff and for applicants to be able to calculate uh next slide uh um we want to make a few clarifications in the hearing procedures and appeal procedures um this board hears uh a lot of appeals and um um so we want to clarify a few things regarding the cross-examination and qu uh procedures for quasi judicial hearings uh make sure that the time limits that uh that everyone is is allowed is very clear uh we want to replace the term special Master with special magistrate uh just a simple clarification um and one additional uh um looking at it further uh request from the city attorney's office to reconcile that quasi judicial procedure and the resiliency code um um with with um other terms that that the code uses uh next slide uh last but not least uh just a few updates to the amendment proced process of the code we do often amend the code uh for different circumstances that arise and we just want to clarify a few of these procedures uh and time frames that these Amendments have to follow um when they're applied for so that's pretty much it um we're open to uh we have one I think the last slide is just asking if we have any questions comments anything else that we didn't touch any ideas that you may have um please feel free I I think we should hand out the pop quiz now to make sure everybody's paying attention to all that a lot of information in in in a short period of time um so let's go ahead and open it up because I know there's probably going to be some questions um jion uh yeah uh through the chair I I remember that we were speaking a little bit about sea walls and uh what happens if somebody's renovating their home versus uh versus not right and we were uh we had approved a lot of seaw wall changes for people who were just renovating and they didn't want to go all the way up because of the fact that they were going to block the view of their house did you address that in this revisions or so so the seaw walls are technically not really regulated by the zoning code they're regulated by the by the city code uh outside of the zoning ordinance so that's really I have to I'd have to get a public works involved in that but if you want I can reach out to them and and see what their stand we did request to have that evaluated so that you know because it's something that it's happening very often and typically it it gets approved okay Also regarding the the setbacks of can you hold off on the Seawall minute I'll have a comment on the seaw walls because if you remember the variant is that we have approved with the seaw wall repair we did require that they repair the seaw wall so that if they sell the house and someone comes in and knocks it down that seaw wall would be able would then be needed to be raised but I thought the ma major issue that you had brought up uh and I watched the last meeting that I couldn't make it at was the time frame I thought that was more of your issue it takes it could take up to two years to to get a permit which you know I don't think was within our purview of us being able to do anything right yeah a lot of that review that's required by durm and some other outside agencies that are outside of our control uh but we'll look and see what we can what we can do to to make that I believe from the last meeting I watched you said there's someone from durm here once a month that's correct you know and and my question would be on that would be it seems like is that enough time to have someone here do we have that many I I assume we would have that many we have a decent amount but because you had brought up Mr alion in that meeting maybe there needs some there needs to be here twice a month I believe you brought up whatever it was not to take you know two years to get a seaw wall proofed because it sounds ridiculous that you need toit everybody's trying to help with flood mitigation and then you have to wait two years to get something fixed doesn't coincide MH okay so but I think that you were looking into that last time did you or because i' I would hate to have the same conversation all over again and then my so it's my first meeting so I I I can't say that I did I'll I'll follow up with Michael what was I think he was covering the last meeting um see what see what research was done and I I'll get back to you on the next I appreciate it and then also regarding the setbacks for um AC and emergency generators and stuff like that is there any requirements for um putting them off the ground and also and or sound um issues so they they they do have to follow the building code which requires that mechanical equipment be located at base flood elevation so if your if your yard is below that you will have to elevate that that mechanical equipment um on stilts or whatever other uh depending on the size of it um we do have requirements for screening and and sound mitigation it doesn't have a fixed number that the sound has to be um kept at a certain level but we do have requirements for screening that that uh that equipment uh so that it doesn't create a visual impact on the neighbors got it and my last thing is more of a point that that I think that the city would be great in creating videos that are informative if I'm moving over to the city of Miami Beach and I want to build my house in the city of Miami Beach how great would it be that they could go into U the YouTube channel and look up a watch the video of you know things to look out for things that you know sort of like a summary of these issues and obviously typically people have their Architects and whatnot to review and go over all that stuff with them but it wouldn't hurt that um we had somewhat of a tutorial video uh for some key things that the city could be educating people on so that they sort of like reduce the learning curve when going through the process here okay reach out to the communication staff see what we can do about that other comments M Mr silers yeah I have a couple issues that I would like to discuss first of all you have a uh height limitation for single family homes now we're basing it on the sidewalk elevation because of the flood issues on the city I think it should be considered that the height of building should be based on the from the top of flood criteria and not from the sidewalk that that is an amendment that we made a few years back so we are now measuring Heights from what we call the design flood elevation which is the base flood elevation which is set by FEMA and then we actually allow you what we call the freeboard so that's a minimum of 1 foot to 5T above the B base flood elevation uh generally the base flood elevation is 8 ft and gvd roughly translates into 8T above sea level not exactly but that's that's the rough uh translation so we allow you to go uh from 9 to 13 feet above uh above the above sea level essentially for where we can measure the heights okay and the other issue is based on the lot sizes the lot depths and most lots are 125 ft deep and you when you put somebody wants to put a uh pool in the front of the property it says here 20 fet which includes the pool deck so if you have a pool that's 15 by 30 or 15 by 40 m or 17 or whatever Plus 5et on each side for walking you really have no backyard right do you understand M so you know that should be relooked at concerning a 20 foot setback for a pool and pool area because I I I think that you're going to get caught in in the limitation of the the depth of the house the lot that there's not going to be a backyard and then the with a very very small backyard it affects the the the the house behind it MH being so close so okay so I think you should look at that those are the two issues the height and I don't understand why you're that a house a single family house has has a height flat roof has 18 ft if if if a flat roof design has different levels to create clear story higher level for the living room and stuff like that may be be it may be above that 18 feet so I think you should look at that 18 feet as as uh I don't know if that's necessary you know I I think that should be looked at also okay think about a flat roof is a warehouse if it's just totally flat mhm but if an architect has design in mind in a one-story house he's going to change the levels of in different parts of the house to create some design and interest in the house so I think you should look at that also okay thank you Mr comments Mr cranic my comments more or questions more General is while this seems like mostly favorable to the home owner ERS or just plain clarifications is there anything in here that could be negative from someone that's already in the process based on their interpretation or I don't think so um nothing really here that that that reduces what you're allowed to build um so I I don't believe that there's anything here that would be negative um anybody who already has a building permit these these wouldn't affect them unless they unless there's something that's beneficial to them they can come back and change and take advantage of it um and anybody who has an approval from a board if they have an approved variance and approved approval from the design review board or any of the other boards they would be grandfathered in as to those those regulations uh that existed uh but I don't see any anything here that would be negative towards them thanks okay Mr Davis this on um a question also sort of in followup to this is um I'm looking a lot of these clarifications or maybe quasi procedural uh clarifications has a city attorney's office worked with you and developing these these changes or how does just take walk me through what that process is to make sure these are clarifications versus substantive changes yes the the City attorney has been going since the code was adopted has been sending us things that should be updated so so the in specifically the U the section on Appeal on hearing procedures and appeals and the amendment process those have come directly from the city attorney and we have a uh Deputy City attorney Nick cerges with good morning I I can answer that question um so the resiliency code adopted certain procedural requirements for for the conduct of quiza judicial hearings um that some of those Provisions are more General than what we already had in our existing code which which relate which governs uh quiza judicial procedures so the idea would be to you know not have quiza judicial procedures in two different places and to reconcile them we have more specific requirements about the order of these proceedings meaning when an applicant presents uh when the public hearing takes place when the rebuttal occurs and when most importantly when cross-examination occurs that are more specific in the city code and we want to make sure the resiliency code includes those those U more detailed requirements so it's it's really not a a substantive change okay no I appreciate it I just assumed when I see this stuff when you're like special Master special magistrate obvious that's a non-s subsid of change is appropriate uh but I would always think that clarifying the timing for cross-examination would think that would be always at the discretion of the whoever the official is supervising the procedure and there is a general framework for when it should occur uh but you know the board does have some discretion yes okay thank you just your office is weighed in is but my most important point Thank you see it's good to have a second attorney up on the dice now see you're not by yourself anymore Mr n that's good any any other comments um you know I just have a comment I was a little bit surprised on the um on the real estate signs they don't they don't need to get a permit to put a real estate because that that's kind of big they're all over town and I've seen other municipalities do require a permit so I know we have we have sign we have ordinances that could be only so big where they can place it and all that but we don't require them to actually pull a permit well this is this is clarifying that I believe they they do go to the finance department and get a and pay a fee to to uh to get the real estate sign um but there's just such a high volume uh to make them come to the planning department to get a to get a special planning permit to to put a real estate sign um is a little onerous um and so we do have the requirement if somebody sees a sign that's not complying with the requirement they would they could be issued a violation so there are size limit there are size limitations and where they can put it on the property and all that correct and don't bother the Realtors don't bother the Realtors Mr Vice chair this is out of your room okay perfect so if somebody sees hey they have a massive sign yeah that's a violation they would have to remove that and put place it within the limits of of their within the code okay perfect um any other comments no okay so thank you thank you for your your time and efforts and putting that presentation together Nag's been kind of quiet I'm worried about M it's not common are you okay [Laughter] um okay do we have any appeals no appeals okay um any any other business good and Welfare our next meeting is October 11th and I believe Mr B you can confirm we have at least four items we have four items on the agenda yes okay October 11th that meeting will start at N9 o'clock sharp that means we'll be here a couple minutes before night so we're ready at nine not pointing anybody out here um any other comments good and Welfare okay thank you board appreciate your efforts and have a great Friday and have a great week weekend everybody thank you so much motion to motion to close the meeting okay thank you acclamation e e e