thank you for your patience everyone I know we're starting a little bit later than anticipated but everything happens right on time so thank you for joining us today for the February 6th 2024 planning and zoning committee meeting I'm going to call this meeting to order at 3 this is not the correct time at 6:12 p.m uh first thing on the agenda is for us to have our silent meditation pledge so if you could join me for silent meditation pledge pledge allegiance to to the flag the United States of America and to the republ thank you you may have a seat Madam clerk may I please have the roll call roll call chair Martin presid um member Nickerson here also present for the record Janice jakobi Village clerk christio Village manager Joseph Geller Village attorney Pedro from cap uh Fitz from code enforcement and Scarlet from the cor un okay uh let's go ahead to we're going to skip forward a bit and go to our presentation uh our item F1 which is the launch at Little River can we have have you step up to the podium and give us that presentation please thank you so much yes and could you please state your name and address for the record absolutely uh good evening Madame chair member uh Village staff my name is Brett brummond with the Goldstein environmental law firm we have offices at 2100 ponon Boulevard in Coral Gables and I'm here today on behalf of the launch at Little River LLC uh so thank you for having me here this evening uh this is intended to be just a broad overview presentation of a request that the launch at Little River LLC made back in November of 2023 to request that their property be designated as a green reuse area pursuant to Florida's Brownfield redevelopment act for the purpose of assess uh of assessing environmental conditions and addressing contamination caused by the property's historical uses uh so I'll keep this presentation uh very brief and have an opportunity for you to have ask any questions uh towards the end uh but the applicant owns property located at the end of norththe fourth place uh right next to the Little River near the Kista project uh near the the former mobile home park uh and just to to start uh this is a request to participate in Florida's brownfields Redevelopment program so some key definitions here are what a Brownfield site and a Brownfield area R uh so a Brownfield site is defined as real property the expansion Redevelopment or reuse of which is Complicated by actual or perceived environmental contamination and a Brownfield area is a creation of the stat statute uh it means a contiguous area of one or more Brownfield sites some of which may not be contaminated that is created by local government by resolution so in practice a Brownfield area which is what uh the applicant has requested the Village Council create is uh sort of a mini Economic Development Area in which property owners can access incentives from the state that come at no cost to the Village to clean up the contamination that they found there when they purchased the property um so this property in particular is an area of the Village that has a long environmental history uh particularly former agricultural uses and Commercial uses um so if you're familiar with the area near the formal mobile home park uh that area had uh formerly cultivated row crops it also had a poultry farm uh and a plant nursery also in the area where some dry cleaning facilities so that has led to uh environmental contamination from those historical uses um there's a lot of environmental data from the surrounding properties including the cista project directly across the street from this site uh which was designated as a a Florida Brownfield area by the village several years ago as was the the formal mobile home park uh the cista project has successfully addressed their contamination nearly to the end State uh there are still some uh ongoing monit groundwater monitoring their post construction uh but that is a a Florida Brownfield Redevelopment project success story uh so the applicant is hoping to achieve that that same goal here uh through the Redevelopment project uh in particular at the site the applicant did identify uh in their early sight assessment activities uh some uh Arsenic and soil and groundwater that exceed the criteria for residential use so this this contamination will be addressed during the Redevelopment process under the oversight of Miami D County Derm uh the Redevelopment plan here is an eight-story mixed use development with 152 residential units and a roughly 2500t restaurant space uh we expect 10 permanent full-time jobs to be created at the property and will include on-site amenities including water access a fitness center a pool deck and 193 parking spaces and of course the Redevelopment is still subject to approval by the village and that'll be coming at a future date uh so the process we're going through now uh is just to uh continue to assess and address the contamination at the property we expect construction to start in first quarter of 2025 and wrap up uh in 2026 and then taking a step back looking at the the program more generally it was created in 1997 as a tool for local governments to uh work with private property owners to address contamination that they found uh at their property that was caused by somebody else in the past uh it's equally available to both public and private property owners and it comes with financial legal and Regulatory incentives that ultimately reduce the cost of cleanup and make it uh a little bit easier for the property owner to move forward um Statewide it's a very popular program there are nearly 600 designated Brownfield areas across the state many in my Miami D County uh actually this property is the only property that is not designated as a Florida Brownfield area uh in the uh in this in that area of the village uh as I mentioned the formal mobile home park uh the cista project and then the city of Miami has designated much of the city of Miami as a Brownfield area as well as a way to allow Property Owners to access these incentives without coming to request a resolution from the local government uh every time all right and uh so the process is relatively simple it's governed by Statute uh it requires adoption of a resolution by the uh Village Council following two advertised public hearings this is not one of those public hearings this is just an informational session uh we also held a community meeting uh on December 14th as part of the process but it really just requires notice to the public conducting those two public hearings and then considering five objective criteria for designation uh those criteria I won't go into them in depth today because there are still two public hearings coming up but I'll I'll Point them out uh the first is that the designation must be requested by someone who owns or controls the property they must have a Redevelopment plan and they must agree to address any contamination that they find in this case under the oversight of miam County Derm uh the second the project must result in economic productivity in the area and create at least five jobs third the Redevelopment must be consistent with local comprehensive plan and be generally permittable in the city uh the fourth is that notice must be provided through posting and publication and the applicant must give those receiving notice an opport to comment and ask questions and finally the applicant must provide reasonable assurances they have financial resources to complete cleanup and Redevelopment of the project and so that was just a brief overview uh so we will be back for two public hearings I believe on February 26 and March 27th are the uh at the next two Village Council meetings um and if you have any questions I'm available thank you thank you so much for that presentation I'll first ask my colleagues if they have any questions and I do want to noted that councilman Pella uh is in the meeting and perfect we have a quorum uh just wanted to know if councilman Pella or Mr Mayor if you guys have any questions no question but just want to make a quick comment Madam chair if I may um just wanted to say very quickly that uh I appreciate them coming here and um you know this is a a testament to um you know the respect that they have for for you madam chair and your your planning and zoning committee and for the village as a whole because um you know per state statute they only had to pre present present this at the two Council meetings um but you know them coming to a a committee meeting to uh come take it through Planning and Zoning um and present it to us is important and I think shows uh the respect that uh that you know the vill upper tole deserves the planning and zoning committee deserves um Madam chair you deserve and I just appreciate them being here thank you very much thank you thank you very much uh Mr attorney yes ma'am thank you madam chair and just I mean Mr rman had a lot to say but I just want to say to you the bottom line here is on Brownfield that our village gets cleaned up and has environmental issues that have existed for a long time taken care of and and and dealt with by durm and and the money comes from the state and I think some of it is a pass through from the federal government too so it's not our money but it cleans up this Village it's kind of a winwin for the village there's not a downside so all I wanted to throw in thank you madam chair and thank you so much for the comment definitely a win-win and thank you for the presentation we appreciate you uh I am going to rewind us a little bit to subsection d uh so that we can have uh a motion to approve the agenda Madam chair a motion to approve the agenda do I have a second all in favor say I I any opposed say nay a hearing none it seems like the agenda is approved uh we'll move on to subsection e which is approval of the minutes uh is there a motion to approve the minutes for the October 17th planning and zoning committee meeting Madam chair I'll make that motion is there a second second all in favor say I I any oos say n all right hearing none it seems like that motion is approved now we can go ahead and move forward to subsection G because we just did subsection F and heard that great presentation thank you again for that uh moving on to G1 which is 360 Northeast 85th Street can I have the applicant and also City staff join me at the podium um if you could guys could both state your name and address for the record sure I'm Adam Simon 360 Northeast 85th okay Scarlett Hammond's with the cordino group awesome Scarlet can I have staff report on this item please yes sorry where's everybody else today H where's everybody else today you got everybody you need all right if you say so if you say so good evening all right Scarlet this is an application um by Mr Adam Simon who is present um and he is requesting a variant to install a new underground pool and also to um have a fence and Screen around that in his front yard the um the request really has to do with um the front the requirement for a front setback of 45 feet which um the pool would not meet that setback where he's proposing to locate it um he's requesting that it be located about 34t from the front yard and um this um it would be for the pool and also for pool equipment um the required also he's um going to exceed um maximum lot coverage by a few percentage points um increasing just slightly over from what it is today from um 43% to 45 for and um just to note that um this um would be basically because of the the counting of the um equipment for the pool that is the increase of the lot coverage and um he has um presented a justification for his variant is that his rear yard is really much too small to um to have a pool in it's only about seven feet from the um the River location so we have um you know spoke with him and reviewed this per the code and found that it meets the requirements for a variance and um for the lot coverage and for the setback reduction and um this is in harmony with the general intent of the of the zoning code and also the comprehensive plan and our recommendation is that um this be approved we do have a few um conditions that we would like to um bring to your attention um for your consideration the um that one is that the existing concrete pad on the east side of the property be removed and that is also noted on his plans that he's submitted so I know that he's you know planning to do that but just wanted to put that on the record um the property um is um located in a um archaeologically significant location and so therefore um we have a condition to address that basically that um he will um comply with the County's um designation and and that um comply with all the regulations that that go along with any digging or Excavating in this property and um also that prior to the building permit um that the um applicant submit um an application for the safety barrier to enclose the pool just so that we're ensured that he will um put a fence around the pool since it's located in a location on the lot that can be accessible and thank you so much thank you and Mr Simon just uh before I open it up to my colleagues I just want um your confirmation that you aware of those uh I suppose some those additional criteria that Scarlet has set forth and you're willing to comply with those those three things the enclosure the respecting of the excavation site rules and the first one was the removal of that concrete lab yep perfect M Madam chair I'd ask then that the record reflect that the applicant has accepted the conditions on the record okay thank you so much uh keeping us clean and I appreciate that um now I will open it up to my colleagues does anyone have a question for either Scarlet or for Mr Simon about this item Madam chair if I may sure um not really a question but uh so you know Sherwood Forest and and I know where Mr Simon's house is um I hang flyers on it frequently and so just so people kind of can can picture it or understand because through the description you know what you what you can't see from the description um that's being given is the amount of foli foliage is that's in front of his property so when you're walking down short when you're walking down his his property is right by the in the Native American teesta Mound and so it's it's it's directly south of that and um couple hous down and so from the street as you're walking past it you really don't even know if there's a house there like you really can't even tell there's a house there unless you make a you know make a choice to turn up notice the the small amount of concrete and go down the driveway and go down a very large Hill until you get down to his house you have to walk down a long way and um I saw where he's planning on putting the uh the the pool and so I just want people to understand that you're not talking about as you're walking or driving past his property that you're GNA be able to look over and see kids splashing in the pool or that it is even close to where the front of his property is there is a large group of trees and plants and thick foliage before you even get to that area that he's planning on putting the pool which is directly north of the um the entrance of his property and I remember when we um when there was uh we had the storms and I was doing the sandbags and all that type of stuff and I went to the back of his property and even at that point I remember um saying to Mr Simon I was like man like your seaw wall is you know is this and the flooding is coming up and so the back of the property there's no room back there no like not not at all like as soon as you go as soon as you buy as soon as you pass where his physical house is it's like from here to like like there's no room in the back like at all so I just want to kind of give people a sense because I don't want people to think that you're talking about walking past and it's just a open front yard and people suntanning and you know running around a pool it's not like that you don't even know there's a house there unless you really look forward and and the design of the pool will fit the environment and I put 600 plants on my property when I moved in 12 years ago so it was a lawn um that kind of sloped down it's no longer that it's it's natur it's basically looks part of the environment so the pool obviously we we recently had a son is for him and we want to make sure that obviously the safety functions are involved but you're as as the mayor said you're not going to be able to see the pool at all even even if you come down the driveway you won't even be able to see the pool and even the pool can't be a large pool because of all the foliage and all the plants and things that are there the area for the pool is not is not even very is not that that large um for that area so it's not even going to be it's not like Olympic Olympic size pool or a huge pool is the pool is from from from the way um his property is the pool you know will be like a a a a tropical Enclave amongst like a tropical forest that's kind of how it's going to look absolutely because it's surrounded by thick trees and plants and it's it's beautiful back there but yeah absolutely and so um I'm sorry let me um um so and and and the property the reason why the the the pool is going to be placed in that it's been you know proposed to be placed in that uh Frontage is because of the AL also the septic tank it's in the front that's correct and and you have the drain field there um now um this question is for um um staff you said about the uh the the frontage is um how much the required 45t 45 ft yeah so it's and we're at 33.7 right okay and when you talk about screening um required by the county is the screening is the screen that goes around the pool well yeah there's going to be a a safety screen for safety screen around the pool for kids yeah obviously but but then what we talking about the fence the fence has to be in front of the house now then right correct because the pool isn't is slightly in front of the house so there's another variance for that that has to it's combined yes with with the um this is combined yes but it's not it's not in the uh paperwork I don't see the elevation for how the fence is going to look he hasn't he hasn't applied for that he has not applied for the fence yet no no that'll be a separate building permit when he when he has the the plans for the fence but but the requirement right now and it's actually part of the um conditions of approval before he's able to apply for his building permit for the pool he's got to apply for the fence permit and um and I remember Juan from uh Pia our urban planner um talking about technically if he were to he has space actually has room to bring the house up to how many feet and then if he will if the house will be uh up to the front a little more then the pool will be basically behind it or on the side so by law he's allowed to actually extend the house all the way to the front until back I think it's 25t is a setback right 25 feet yeah so yeah and he and his house is much more set back than that much more set back than that yes okay all right uh does that conclude our our comments if so I'll close a comments uh from the body and open it up to any of those attending if they would like to speak on this item hearing none I'll close this public comment bring it back to the body I personally had a lot of questions especially as it relates to um this being becoming an attractive nuisance with having a pool in the front of a property in addition to that I do believe that with every variance we approve we're also setting precedent that this is something that is allowable in the village but I can take the council I do remember that we had an extensive conversation about this at the previous I think planning and zoning committee meeting or of the council meetings I do understand that your property is unique and because of the uniqueness of that property I do believe that maybe a variance in this situation might not set as um unfortunate of a precedent as I I am envisioning uh so I I think we have a good handle on what the issues are and the pros and cons of the issue and we we might be ready to take a vote on this item so does anyone want to move to to approve staff or accept the staff's recommendation Madam chair I'll accept staff's recommendation make a motion to approve okay do I have a second excuse me for interrup mayor your motion say St to approve it with approve with the condition yeah so so when I accept the staff recommendation that that comes with the uh with the conditions no because the staff recommendation came with the conditions right got do I have a second this for you'll second it no okay I'll second it Madam clerk can I have a roll call please roll call um member Nickerson yes member Pella yes chair Martin no motion passes two to one all right your son have a pool have a good one enjoy your pool well this only so he he needs to come to the PO you need to come to the hearing for Mar we perfect you need to see the see the clerk in the back see the clerk afterwards and she'll let you know what the follow-up steps are but we'll move along to item G2 can I have the applicant for one Northeast 87th Street step up to the podium and please state your name and address for the record one 87th street thank you for joining us can I have staff's report on this item please thank you yes um the applicant um is requesting a variance um he has um already planted Hedges so this would be an after Thea um variance um the hedges surround the property um on the principal setback and also in the sidey um setback um this property is located at 1 Northeast 87 Street and um the hedges that he has planted are um phoc carpus and that is just to note it's on the Florida Landscaping improved list and it's non-invasive type of plant the um the primary justification for the this location of the hedges is that it is needed for a visual barrier to screen the the home um there it's located on um quite a busy Corner um Northeast Miami Avenue I'm sorry North Miami Avenue and Northeast 87th Street um these are two quite busy streets and they're you know headlights and other kind of nuisance activity could be seen um from the house so that this is considered a um a screening for that purpose um the for the variants the code um has limitations on where the the hedges can be and how tall they can be in this the front yards and side yards and um not um permitted to be taller than four feet in height um these um except if they were in the sidey yard they could be approximately 15 feet from the side property line which these are located on the property line so that's the reason for the variance um the grant it's um was reviewed per um the code and found that um with um an one condition that this variance approval would be in harmony with the general intent of the comprehensive plan and harmonious with the village and also um would um be compliant with the zoning code um that therefore staff is recommending um this um approved um but we also have one suggested um um condition that the owner maintains that these Hedges Are No taller than 4 feet because they can um grow grow to be approximately 20 feet in height this type of plant that is it 4 feet or 6 feet No taller than 4 feet is your recommendation yes it is my recommendation yes yes all right to be considered noted uh thank you for the report uh I will open it up to the body uh Mr Mayor vice mayor Pella any comments Mr Mayor Madam chair if I may thank you very much um just want to say really really quickly uh met him when I was passing Flyers around um you might want to touch on what happened with your daughter a couple of times and I just want everybody to understand so this house is is at the corner of 87 Street and North Miami Avenue it's that new really big nice house um that was redone the part of the problem is is that since this house is new and you know and uh and he's moved into it not not very long ago was that it was um for such a long time nobody lived there while it was being you know redone and built and things like that and um a couple of times uh we would have like squatters in there and so I think that part of the uh the issue in a small way might be that since there used to be squatters in there you know a couple of times we found squatters in there um or homeless people we would go around there when it was when it was being built that people were used to that property you know being not being occupied and I think from some of this is the remnant of that um now that there's people in there I think at first they didn't really know even once the house was done that there was a family in there but even after the family got in there he's had a couple scary occasions with his young daughter which he can talk about and uh the way I see it is whether it's the uh Hedges and I don't know you know on the other side if he's even contemplated um a fence or not but I think on that corner the way it was the way it is the fence wouldn't even be be able be that high also so I'm not sure about that um on the Corner how things would work but something is definitely needed on that corner um with his property that's that's for sure so thank you madam chair no worries do you have a comment about no no not really like what the major said once like at 3:00 a.m. in the morning I see a people knocking in my daughter room that was really scary about it and also like at 7:00 a.m. in the morning going to job going to my work I found a guy sleeping in in the grass like a that happened twice I mean my main concern is like a safety okay I have an alarm I have cameras but even if I don't have the hedges the people is going to walk through around that's my main concern okay thank you for that comment vice mayor Pella do you have a a comment on this item yes I do have a comment about hes because the hedges and all of that because it's not it's not the first one and there's a lot in the in the neighborhood that uh been uh you know that been planted without permits and and all of that and um the issue is about maintaining the height like you said you know uh everybody you know most people already know that it's it shouldn't be more than 4 feet high at least in the front um the front right of the house on the front uh setb back um but then you know all of a sudden you see him to you see the hedges all the way to six or 8 ft high and uh you know now we have a code enforcement they can pass around go around and and and and inite people for that but it's a constant um issue with the people planting hes especially the clas or those huge the PO carpos take time to grow and they're nicer in in shape but um other than that I mean I don't have any other comments you have to clarify with you like the catches are planned in the secondary Frontage not in the front right okay I mean the front in the house is open it's open yes it's just in the secondary I mean the problem is that my house is a corner I have like a a principal front touch and a secondary front touch right and I'm sorry yes I I I exact I know exactly where your house is located and uh and it's not something that is uh um um obstructing the The View and a traffic light in that corner or anything like that right uh um oh no no no it's perfect okay I I take your point though vice mayor Pearl I do think I mean what we've been asking for what we do need is to get like a comprehensive handle on what it is we're going to do about Hedges um because at this point it just seems like we're just approving everything and anything based on whatever might be perceived as an an inconvenience to the property owner and I do think that those things need to be considered but we also need to attack it in a a comprehensive way that makes sure that for sure we want to honor the the owner's desires but we want to make sure that whatever safety risks are proposed or um detriments as it um relates to Perce perceived unsafety of the neighborhood if we have these tall hedges surrounding every house um that those things are addressed too and I know with protoc carpet they stay really thin and lean and I I I'm familiar with your house so they're they're not really obstructing that walkway at all but if someone were to plant something like Lu there are properties where those things have definitely presented hazards to those who might have mobility issues or may have small children um trying to navigate the few sidewalks that we do have um so I I do want us to really take a a look at maybe coming up with something more comprehensive and I know we've said that a million times um and not really sure what the sticking point is but the fact that we have two hedge variances on tonight's agendas I I think it highlights the necessity for us to look at this um really expeditiously but I do take note that your house is unique if we are to look for a purpose to vary from the norm you are on two busy streets and I understand how headlights and environmental um factors might make it such that you do need some some sort of variance but what I I will say is that it is imperative to not let those Hedges grow to 8 10 feet or to grow so wide that it impedes um that walkway that's next to your home um are you willing to accept that condition on the record yes I do okay of keeping it at the four feet four is what's suggested four feet so is is that a yes can you just say that into do you accept that condition yes okay awesome to hear um I think that concludes the comments from the body I do want to open it up to those who are attending as guests to see if there are any comments on this particular issue uh let me see if I want to how do I want to work this uh yes I see you Mr polium I'm just thinking of which Podium to direct you to I'll go ahead do can they share that Podium or this one okay uh Mr polium if you could step up to Scarlet's podium and state your name and address for the record good evening everyone my name is Thomas pum 205 Northeast 86 Street um I am uh my comment is that my direct uh neighbor on my west side has AA plants that are 20 feet high planted on the property line on the sale in also the front setback of the prop property I reported that to code enforcement um months ago because per our code if it's uh it has to be maintained first of all it's not supposed to be there but uh four it has to be four feet if it's up against the driveway um when I reported it code enforcement didn't do anything with it so it's curious for me um I I would like to know I thought I heard at the beginning of this these were plants that are already planted and now it's a postumus variance so my question is how did you know how did that come about was that through code enforcement um or some other means thank you sir who who informed you that you had to get a variance was it code enforcement yeah because when I stopped and talked you you said you said Co you said mayor C enforcement came by I came to the city before PL them like we have a misunderstanding they said go ahead but I suppose not to and then code enforcement swing by for my house and impose the the ban thank you for for that I'm sure Mr polium the code enforcement officer is here maybe you can get with him and give him that address no I have and okay well I'll speak to you afterwards let's not call out just so we're all on the mic and it's very clear um but I'll talk to you afterwards about this particular item is there any other comments from the guests on this item one Northeast 87th Street seeing none I'll go ahead and close public comment bring it back to the body does everyone H anyone have a motion to approve staff's uh recommendation on this item Madame chair if I may before motion that was um something that you touch on and what I said about the keeping the the hedges at the right um um size you know um height height um thank you it's um there's any way and this goes to the lawyer if he can wake up Mr oh let's let's let's all calm down for a second the there's any way after or actually um code enforcement uh I don't know who can answer these um there's any way that it's not in our code whether um after certain citations of about the Hedge um height could actually can the city actually uh go ahead and order to have those removed let's say like right now we are proving this and with a condition to keep them at the certain at the height that they're supposed to after two or three citations or you know that should be enough to say you know what you're not complying you should remove them and that's it there could be an order to bring them into compliance so if they don't comply with the zoning conditions that are set there can be an order to bring them into compliance now that doesn't necessarily mean removal and there could be some consequence to removing them entirely if that's not what the violation is if the violation I think I heard four feet is what's permitted so if they're at six you could order them cut back to four feet now if you yank them out entirely um there could be adverse consequences to that and I wouldn't recommend that but yes they could be cut back the village could hire people to cut them back and the cost of doing that would be imposed as a lean on the property right Madam chair Mr Mayor remember you guys we have we now have the special magistrate hearing so if somebody doesn't comply it's just like if somebody doesn't comply against a code violation and the M the special magistrate hearings oh the special magistrate hearings happen every month and and so every month you guys you have people going to the special magistrate for being out of compliance so if you don't adhere to the conditions you're out of compliance then he he can get cited and go to the special magistrate hearing and pay a large Hefty fee so thank you thank you all right thank you so much for that clarification uh hearing no other questions uh does anyone have a motion to go ahead and approve staff's recommendation on item G2 I move for approval Madam chair awesome do I have a second awesome Madame Clerk or Madam manager can I have a rooll for the acceptance of uh the item G2 okay you know I'm I'm not vers I already know what you're doing I am I'm going to do it though okay to uh accept the staff um recommendation uh of the uh for the approval of the variant after the fact for um property located at one Northeast 87th Street with the staff conditions of maintaining the property uh or maintaining those Hedges at four feet at all or or below at all times okay so uh for that I will go through the roll call um member uh Lightfoot Ward who by the way just joined us okay um member uh mayor Omar Nickerson yes um uh Vice chair Lewis Pella yes okay and chairperson Martin yes okay you have a unanimous uh zero to four vote for the recommendation awesome thank you I see the clerk and she'll let you know what the next steps are we'll move on on to item G3 can I have the applicant for 485 Northwest 89th Street step up to the podium and please state your name and address for the record hello I'm morai finstein for 485 Northwest 89th Street um welcome thank you for joining us can I have staff's recommendation report on this item please yes this is um again another variance for hedges um on the side and front yards the um the hedges exist and um sorry this is the hedges exist and the um the applicant is again um requesting a variance for after the fact the um the hedges in the front yard are approximately 6 feet tall and um and it also um the the the hedges in the side about that tall as well the um these two rows of Hedges are kusia and again this is um similar to the other plant is Florida friendly landscape plant um this house is located on a corner lot as well and um the reason for this variance is that the the location and the height of the hedges exceed what is allowed by code the um primary justification is also to create similar to the the other applicant is to to create a visual screen from the neighbors um this lot is basically on the border of elportal and another jurisdiction and the um the west side of this house has views directly of neighboring properties which um if you have been to this property you can see that the and I I also included some photos in the staff report that the neighbors are um homes are not very well maintained and there's some um spillage of cars and the swales and also um very large overhead power lines that would be visible on this West View from from the home however um the front of the house does face um a street in alportel and that is not the case on that in that view so for for my recommendation um it's um kind of two parts um one is to um have approved the the variance for the hedges on the sidey which would be um on that West Side that West View but not in the front yard Hedges um because there there is again um that there's not he's not experiencing that kind of you know need for visual screening on there um that is staff's opinion though and um just um wanted to um to say that there's also um one condition and in this case um to maintain the hedges at no higher than six feet and um because that again this is a type of plant that can grow pretty tall up to 25 ft so that's staff's recommendation thank you so much for that I'll go ahead and open comments up to the body does anyone on the council have a comment about item G3 Madam CH mayor Madam chair if I um and and this is part of probably what you're going to ask him Madam chair but why does he feel like he needs the hedges in the front um this would be part of when you ask if they're if they're going to accept the conditions which is what she she recommended um the hedges the you know on the side but not in the front um you feel do you are like do you feel like you need the hedges in the front if so why you feel like you need the hedges yeah so actually the hedges on the west side which faces I think un Incorporated date where there's a bunch of dilapidated houses um that was there already and I think it's been there for years so that I don't think needs to be well that that that's that she was okay with she said that I think the hedges that were in the front is what she was um kind of speak to that point we put them there specifically because of the issue as you drive by you see the dilapidated houses right there it's visible from the front and we've had cops like multiple cop cars dealing with issues uh relating to the properties across the street so it just felt unsafe and this kind of well adds to the safety component we have like weird trash baggies different stuff that we've seen again mostly on the west side but even coming around to the front so it just kind of um creates that sort of I don't know barrier or the protection from that and you can see all of it straight from the front so that's and which is essentially why we put it there thank you mam chair all right noted councilman Pella do you have any questions and also for for the for the gallery for the guest excuse me Mr Pam we can hear you up here definitely so you guys can step outside and have the conversation or keep a little quiet thank you so much uh councilman Pella do you have a comment on the item um thank you madam chair um not really I mean I understand the uh the hedges on the west um side of the property like you you guys are mentioning about you know um to actually block the view from that other side of the street which is not pretty at all um and that's uh and those are the brand new uh Hedges have been planted there the ones in the front the front the West go the no the west side front front west side are also new no the west side has been there the cuses on the West Side they've always been there they've always been there that was just to block there and now the ones in the front the ones in the front are are the ones you you you planted and uh and they're on the property line so yes they're on the property line allow there are some kind of around the corner Hedges that are in the front as well and and then there's the the road that's directly in front of the house yeah I mean I don't know about these um enclosures of the people now you know a lot of people is enclosing their front of they wanted to enclose the front of the houses I think that that is actually not a safety uh um issue I a safety uh device or any kind of safety measures as a matter of fact so you know without fence anybody can actually hide behind the the bushes the hedges and when when you come and park somebody's inside your front yard so I really don't see that as a the turn of people people crossing or you know uh but other than that I have no comments okay thank you so much councilwoman life award any comments on this item yes I um thank you mad Madam the area that that is very bad to the site you think the hedges is going to change any of that yeah we see trash outside and I actually wanted the hedges closer to the street because I wasn't aware of the of the well the the ordinance and our landscapers said oh no this is good over here you need to be back over here so we see pieces of trash and weird stuff outside we don't see anything you know behind the hedges um and yeah you know in theory someone can go sleep there we haven't had that and it definitely adds also to the perception of safety um within the property which you know impacts the quality of living there m chair can I ask the question to sure you can you can do whatever you would like hi hello always good to see you is that on the county side or on our side the other side of the street on the west side is the county it's the county correct have you ever reported it to the county the other side yes I imagine that they knew about it I just I you know went about my business didn't mind so so your answer is no I have never contact it is it is not part of County ordinance to have a property be what you're describing so my first thought is alienating it with your Grove that is your PRI that is your um propri you have the right to do that but to not do anything about it is what I'm concerned with because just as sure as you put up those Shades you those those Hedges you're inviting more junk on that side and it's going to affect your property prop on the Miami day side yes it's affect it that's a reasonable suggestion I've never called code enforcement so but that's that makes sense may I sure I suggest that you do that because when I was having that problem the county said why didn't you call no I didn't have the problem I ushered the problem with someone else who brought it to my attention and the county said they had no idea that there was a problem so let me encourage you doing that because just as sure as you put up those Hedges don't mean they're going to come down that they're not going to come down because you're already telling me the people are are what's the word everybody negligible on the county side not keeping it up right this is just Cosmetics for you but that's not going to solve the problem you'd be surprised how much is going to be behind those Hedges and your report said something similar that you said something in your report that triggered my mind that said that that it's it's just for the property but it's not because if you're seeing it now can you imagine they're going to be right up against your Hedges it's not it's not curing the problem you need the problem to be cured thank you for the comment councilman life award we appreciate that I actually live two houses down from your property and I don't remember seeing those cluas on that side that faces um Miami dat County the side on Northwest fth I think there was something else because we've been there for like five years the whatever's there is still there maybe my engineer put in the report that there's cluas but it's it's not it's something else the native whatever that was that there is still there it looks rather different so I will say this I will say this if you plant it too far out because there is no sidewalk there you end up creating a heck of an obstruction to someone who is trying to pull out of that street so where your Hedges are now I haven't have two small kids that I I use that street all the time to Traverse back and forth to get them to school um if you don't maintain that it can become a heck of an obstruction and that is with this hedge conversation one thing that I am so sensitive to is PE people who have young children who are in strollers who walk on these streets people who have mobility issues that have wheel chairs and people who are driving who are trying to not be obstructed by random heades which happens to me all the time as a short person who happens to be in a car that is way too big for me um but I have these kids and I need to transport them but anyway I digress uh but I understand the reason to vary from the norm is because there is something that is very unique and I take staff's recommendation that in this case a portion of your house is facing uh house houses that belong to a completely different municipality and is not subject to our rules and regulations as far as how you should maintain the house so I get that as far as the front of your property is concerned the front of your property does not suffer from the same um issues as that side so I understand the bifurcation of your approval saying to approve that portion on the side facing Miami D County and not approving those Hedges that are in the front of the property because sometimes when you do have these properties that are walled off by Hedges though the person inside of the house may feel safer it gives the appearance externally of it being an unsafe neighborhood and there being a reason to have to wall these houses off um and if anybody wants to I'm sure there are tons of studies that you can easily access that shows that that is definitely the outward perception when you come into a neighborhood in everyone's house is kind of you know Behind these little fortresses um so I do take staff's recommendation and I do understand why you bifurcated it in that way so with that being said I will close the comments for the body and open it up to any of the guests does anyone in the audience have a comment on this item Mr polium can you step up to Scarlet's Podium state your name and address again for the record and let us know what you think thank you uh Thomas pum 205 Northeast 86 Street um I have the same point of inquiry as the previous one how did this um after the fact violation come about the same way probably most likely did you get VI Mr morot did you receive a notification from the code enforcement officer yep yeah same way um and my other comment is someone who moved from California and has lived in Los Angeles and San Francisco some of the highest property values in the entire country it's entirely common in the expensive neighborhoods like West Hollywood Beverly Hills Etc that the properties are totally enclosed in the front yeah the lot sizes are a little bigger though right uh not in West Hollywood okay well you know it's a different um I don't want to say Different Strokes for different folks but everyone has different rules in different municipalities and this is the one that exists here so sure get just wanted to make that comment no I appreciate the comment thank you so much can I make another comment sure you can so I have another property um on 87 Street and uh there's properties right next door to me which you know seem to have grandfather hedge's grandfathered in and I always thought like you know in line with coconut Gro and some places in other nice um areas and elportal is getting nicer um hence why I'm here um where to your point about West Hollywood I I found that it actually increases the beauty of course that's you know Beauties in the eye eyes of the beholder um but you know I I I appreciate your your um assessment of the situation um you know being at that property fairly regularly you know and seeing some of the activity on the other side from the front I never hang out on the west side and seeing some of that spill over and pulling up to the property and having that there's one ugly one right down um 89 Street just like ACR right you I'm sure you know which one I'm talking about just looks awful it really it does um kind of it impacts the the value it impacts the the the quality of living at the property so you're referring to the house that is all the way down the street so you're you're you're let me just gather what you're saying you're saying that you you can see that from inside of your house you can see that one when when D when you're in the front yard like by the driveway and mind you the the the hedges on the West Side were there again they weren't Kucha that I guess they got mixed up in the report the reason it if that wasn't there I don't know what we would do but uh the reason the only reason why we added in the front is because pulling up there and being there at the property of course inside once you're inside the house you're inside the house um most of the the house kind of orients towards the backyard anyways but pulling up there being there especially at night having that right there is very uncomfortable so you're saying you're talking about that particular house that is down the street and like two like maybe four houses down from yours it has like well not on the are you talking on the Miami dat side like the oh on the Miami day side shut hang alport none of the houses there are found to be too you know I thought you were talking about the one 89 stre they're all pretty okay some are nicer than others but the the ones right across the street are just treacherous it's really it looks like a rough neighborhood and you know for for what elportal is today that doesn't you know jive with that so yeah but those those houses were there when you purchased it Miami dates side yeah yeah those houses were there My Hope was my dream I guess a little bit the childishly was that some guy would come in I actually reached out to try to buy them and no one answered I think it's someone that you know rents it out and lives wherever so there was no one to really speak to on the other side of that I was hoping it would like beautify but you know that hasn't happened okay so you knew those houses were there when you purchased the house yeah okay and that's the the plan was to put and I didn't know and that's again the conversation I had with my landscape right if I knew I actually reached out to um officer Fitzgerald on the officer F Charles Simmons on another property I was looking at in the area to confirm now that I know about the hedges and and I didn't you know and and the setbacks and I didn't buy the property because I knew that um because I knew I'd had I'd run into an issue with that and you know it have to come up with variants um but that over there you know I would have it's hard to see myself you know um buying a property across the street from those without having the ability to kind of you know put some form of of um you know buffer between uh where we're at and where that is especially you know again I don't think that it's patrolled as well as elportal is and it's enforced as well I'll your recommendations on point and I will reach out to the county hopefully that you know leads to something um but yeah this is where we're at noted all right is there any other comments from the audience on this item hearing none I'll go ahead and close public comment and bring it back to the body Council life award before you close it we talking about Fifth Avenue yes live right on Fifth Avenue yeah that's always been a problem yeah not the first person to come in here and say the houses across the street from El pel which is Miami day County that's always been a problem yeah it's not that we haven't called it in it's not that I haven't reported it because I drive down that street to get to my house too so you you you got you're on the same page noted do we have a motion to approve staff's recommendation on item G3 AT 485 Northwest 89th Street Madam chair is he willing to accept the staff's recommendation from what I hear he was still talking about he still wanted something in the front is he willing because the staff recommendation was not the front just the side well you can go ahead and and ask the applicant if I may the the I don't think the side one should even be in the variance because it's been there for years it's not something that I put in I think it was there before 2018 you live in the area um I don't know I just I I I think it's been there I will trust staff's recommendation okay um do you do you know if it's been there for years oh no I have no idea when the those plants were planted okay um but right it's still a violation of the code so even if it's in there before ordinance was put in we don't know the dates um unless if you and if I may the reason I'm asking you is because I drove by yesterday and I saw that the portion on the west west side and the front yeah which is slanted that's right to the towards the the driveway those look brand new like just the ones in the front that's the ones those are the ones that we referring to that's you're not referring to the old okay sorry my bad so are they new those there yeah theas are new the ones all the way on Fifth Avenue are the ones I was saying those those also require and that's talking got so we're just talking about the kusas there and there got it okay understood my bad are you going to accept the staff's recommendation with not having the front but just the um the side can I say no I mean it would vote it might be nothing it might be nothing oh that's okay I've never done this process before I'm not familiar with so so what we're about to do is um Madam chair sure what we're about to do is we're about to um she's going to ask for a motion one of us is going to make a motion um and then she's going to ask for a second somebody will make a second if you get a second then we're going to vote on it now what we're trying to decide right now is what exactly we're voting on her staff's recommendation was that you can keep the ones on the west side but she doesn't recommend the ones in the front um if you're willing to accept her staff recommendation then the motion will be for the staff recommendation of not in the front but yes on the side if you're not willing to to accept the staff recommendation um anyone up here can not recommend anything for you or anyone up here can recommend the side and the front or whatever it is but before we even get to that point we just wanted to know if you're willing to accept the stack recommendation or not I got it rock in a hard place um well it sounds like you've made up your mind so I guess I have to accept um you know it seems sensible to accept that sir let me just point out that by accepting the conditions on the record you do agree that you'll be bound by them moving forward that does not mean you could never ask to have a further change made but unless and until something else is approved okay you've agreed that you would be bound by the staff conditions moving forward for any enforcement or other purposes I understand yeah are you willing to accept staff recommendation yeah Madam chair for the record he's willing to accept staff recm recommendation noted do I have a motion to accept staff recommendation on the item G3 so move do I have a second Madam chair I'll second Madam chair all right Madam clerk can I have a roll please roll call member life Ward yes member Nickerson yes member Lewis Pella yes chair Martin yes motion passes awesome uh if you can see the clerk with next steps uh that would be great and we can move move forward to item G4 uh could the applicant at 176 Northwest 88th Street please step to the podium and state your name and address for the record hello Scott kitchen 176 South Northwest 88th Street Patricia Hernandez same address uh thank you and welcome uh can I have staff's recommendation on this item yes this is an application for um a lot split um to separate one lot into two the current um lot that that they're looking at is located at 176 Northwest 88th Street and today it is close to 20,000 Square fet it's um 19,600 um square feet in size the um the proposal is to have two lots that will be consistent with what is um the surrounding Lots in the area which are which would are approximately 9,800 ft each um this this exceeds the minimum requires for Lots in this lot size in this District the current property is occupied by one home which is um a house built in 1946 oops did that go out and is um about 3,000 squ feet in size it's located approximately in the center located in the center of the property and um the intent is that this house would be demolished and the um and there would be two new homes built on the two new Lots this um review was um done per um the the plat submitt and preparation for the for the code in section 2445 and the applicant has shown good cause for compliance with the land use regulations and the development standards based on this chapter the granting of the lot split approval as presented is in Harmony and general intent of the comprehensive plan and um considering the minimum lot size requirements and other and the other ploted Lots within the village the staff's recommendation is for approval with one condition that um the that within one year of this approval um of of the plat that the existing single family home will be demolished that is be basically because if it it would be located um right ACR right across to properties and and um wouldn't comply with setbacks okay thank you so much for that uh before we go ahead I would like to know from the applicant if you're willing to accept staff's the the condition that Scarlet just set forth on the record are you willing to accept that on the record as well yes awesome good to know now go ahead and open the conversation up to the body does anyone have a comment for the or a question for the applicant or for scarlet Mr Mayor I see no uh councilman like for Ward go ahead you want a split lot there's a single family house already on it you want to split the lot for what reason to Pro provide two single family residences one on each parcel is anyone in the in the anybody living on it right now yes and they agree with you or that's you all they agree with us they're actually here well Madam chair it it must be me it must be me I'm seeing a light cleared a house demolished two houses going up and the people that are there they're not related to you there's no relation but there is a partnership it's a double lot though they're on a double really B lot I'm I'm familiar a lot split oh boy okay can may I ask the attorney a question sure attorney Geller is this common in your line of work is this common splitting a lot to facilitate a change in housing I've seen it I wouldn't say it occurs a lot because double or triple lots are not typical but where they exist I've I've seen it before it's not unheard of I mean common um it's not a situation that exists often where you most mostly when properties are divided they're divided to be if not the minimum size to be maybe bigger than that but typically they're even but where there is a double lot I've seen it go the other way too where people you know want to acquire the property next to them and do a Unity of title um dealing with one right now where somebody's doing that because they want to have I don't know if it's a tennis court or a uh some kind of a padle ball court or something like that but where double or sometimes even triple Lots do exist um it's not uncommon that's just an a kind of uncommon situation that it to have the the base factual pattern occur last question will you be living on the lot no thank you madam chair okay uh I don't think we have any more comments from the body so I'll go ahead and close our discussion and open it up to the audience does anyone have a comment on item G4 hearing none I'll close it to public comment and bring it back to the body does anyone have a motion to accept staff's recommendation on item G4 for the property located 76 Northwest 88th Street do I have a motion I just hope that the two houses are not identical the houses that you're going to build and those lot they will be there there will be some very variation in in the two with respect to the pool we're going to put a pool in each property and so we want to you know work the the fr the frontage is going to the facade is going to be identical just a flep uh it's going to be similar um it's going to be tasteful it's going to be well done because I don't know if you guys noticed but the one uh across the street on North Miami Avenue where you have two houses out I've got a lot of uh you know people and relative and you know that come to my house and say oh those uh um oh they build a new two new um uh they're twins yeah they're twins twins whether they're they're like uh duplexes or something like that it looks horrible and it's not it doesn't go with the character of our um beautiful Village I mean I could have bought a house in Dural where all the houses are the same anywhere else we actually took our time two years to actually live in this beautiful neighborhood because all the houses were you know different unique and uh and now you have all these all the investors coming in demolishing the old beauty of you know of our neighborhood and building these modern blocks um that are not appealing to at at least my taste uh that's my only comment I wish we could have actually a restriction where the architectural of the village could maintain but unfortunately we can't we went over uh that with plac servia and um and and that you know it's not something that we can actually U do but it it's our full intent to have a welld designed homes and the frontage is a concern of ours and we will we will address that to be different point well taken and now you have a challenge we look forward to see what it is that you come up with if this item is approved so I do think uh did someone move to accept can I have someone move to accept Stash's recommendation on this item or not that's maybe I should be asking another question it's it's it's a lot of lot you know it's more lot coverage but it the size of of of the property is huge each property is going to have a frontage of about 75 ft right yes yeah yeah maybe someone wants to make another motion to not to not accept staff's recommendation I'll let you guys have it this is and so my concern um is the same concerns as the vice mayor which is once that's why it was like I was all gung-ho but once uh council person light foot War asked them if they were going to be living there and they said no I was like kind of took the kind of took the wind out of the sales because did Elber to for a lot of reasons that people have no idea about as a matter of fact the Native American Indian Mound back here I don't know a lot of people don't know this was the very first very first archaeological um site recognized in Miami day County History we have Native American um caves back there dated back three th 3,000 years over 3,000 years old in people's backyards over here we're familiar with the mountains like yeah so when you have just what he's saying I'm good friends with mayor Fraga and dado I'm good friends with mayor boobo and I'm good friends with mayor Pepe Diaz and Sweetwater as a matter of fact we meet once a month but Elber to cannot turn into a cookie cutter type of neighborhood Elbert to is H the houses look different and I like when I walk through the houses look different and they don't look the same and so that's my only uh kind of concern when it comes to that um but Madame chair we we we'll we'll we'll put him up for a vot she's gonna say has a comment may I may sure it might help might not but go ahead may I propose that a condition be placed that upon the approval of this that perhaps that is the challenge that we would be able to um provide different architecture for both Parcels oh well okay that's a wonderful hey I like that I like that Madam Madam chair i' like to make a motion based on the staff Report with the conditions added with the condition that not not in an obscene way or a way that's not realistic but that the developers also try to you know make both houses uh different in I love that it takes a woman to solve the problem I like that very well placed but I make that motion Madam chair I make that motion okay awesome do I have a second on that motion I'll second awesome Madam Madam chair excuse me can we just not withstanding that that was an offer just let's be clear on the record that the uh applicant applicants are accepting that voluntarily proferred condition on the record yes yes thank you I love it Madam clerk can I have a roll call please roll call um member life Ward cut between two but I'm going to give you yes because of the last statement that was made member Nickerson yes member Pella yes CH Martin yes motion passes for thank you you're welcome please see the clerk so that she could give you the next steps now we will move on to item G5 outdoor lighting permit um staff's recommendation on this item I think Scarlet would that be you giving us the yes okay perfect we'll just hear staff's recommendation thank you so it um this I like it you sound different at every turn this is um a new proposal to um to address um an issue that has been um recently brought to staff's attention that there have um been some um homes that are experiencing kind of what you call light pollution with um outdoor lighting um this is mostly in the single family area um in a and the fact that some um outdoor lights um in homes um can be directed in certain ways that um kind of have light spillage over into other homes and and create nuisances for other neighbors um to um to kind of address this issue um so would there was some research done on on on Steph's part um to look at ways we could kind of come up with a process um we're planners so we like permits so we we suggested that um the um that the village would consider the the um to have sort of a permit process for residents wanting to um add lighting to their outdoor or even um make changes to their outdoor lighting um just to note though that it it is already a requirement that they receive building permits for for outdoor lighting but um the build but what we would suggest is that we have a process where they could submit sort of site plans and show the directions of the lighting and the lumens that would um be projected from from the lighting and um make a determination if that would be spilling over onto Pro other properties and review it in that sense um just to note that um as um you know we we just um saw we just had an application for a lot split where there going to be two new homes these could be um twostory homes and there's a number of other applications coming through for um demo and you know Redevelopment and um I know you guys are aware of this you live here so it's happening um and there is the potential that this that that these lighting those lights from sort of like a second story could be impacting other neighbors um that are single stories so it's in it's kind of a a little bit of a proactive way to address um compatibility and um not to have um lighting be a nuisance um between neighbors um this is um really just more of a um a first um Step at taking this to you and and letting you know that that this is what we've come up with in order to to address this issue and um in the in the report there's um A draft copy of what the the outdoor lighting permit would look like um the um eventually if this you know if there if if it's agreed on and if you would like us to move forward with this this could be a form that is um put on the website and it's it will be fillable um you know you know you could um type in um the the information and submit that electronically okay thank you so much do I have a comment from the Council on this item yes Madam chair if I may sure um just for like a little bit just for clarification for us as a um committee and uh just like the village uper as a whole mam manager so this is a this is a permit it's just a permit this is not like a change in code or a change in Charter do a change in code yes require the permit I'm ultimately if as anticipated it would be something I mean we either require it or we don't and if we require it it's part of our code so ultimately if you go along this path it would be something that would lead to an adjustment in our code I'll defer to some degree on that to the code enforcement officer as well but yes if you decided that this was something that you wanted to regulate you do so through your c yeah so Mr Simmons with this right now anybody can put up the light without checking with us is that what it is and now it would be a permit that they would have to go through before they put the actual light up um for Gerald Simmons code enforcement department this recommendation is in addition to our regular permit packet so when it comes to the exterior and security lights regardless of it you need a permit for installation but with this additional application IT addresses the specifications of the lighting to be in compliance with the city um with the County's ordinance in regards to light pollution and that would be a Cod adjustment um or would it just because is it just a permit where it's part of the the actual code that exists now or is it change in the code no no it this this would this would be in addition to the the the code is we're not changing the code what we're doing is we're just implementing uh we're implementing the application application to address the specifications of the county code so that's what I'm trying to get at you guys so everybody said is a cold change it's not a Cod change I know what I'm talking about this is not a Cod change we would probably need to adjust our language to make clear that this is a requ of the village now the thing is because there's a county code that regulates it we're not going to be regulating the number of lumens that can spill because that's covered by the county code but to require this would probably require at least some kind of adjustment or amendment in in our code don't you think Mr um no because in relations to this this it is regulated within the code what happens is that the county code mandates that there are certain things that need to be submitted as far as from an engineer you know to address the amount of lumens in regards to light pollution the light pollution is the the the biggest concern considering it becomes a nuisance to the adjacent property county code and that's the county code so this application is the village proactively handling you know regulating the County's code because as of right now you install exterior lighting you get a you have to apply for a building permit the electrical inspector just come out to ensure that it it was done in accordance with the Florida building code that's it in regards to this application Planning and Zoning will have uh Engineers um drawing that illustrates the amount the the location the height the loomin to ensure that it doesn't violate the light spillage per the per the County's ordinance so it's not a like I was saying you guys it's not a code it's not a new code it's not a code change it's just a matter of semantics may you can administra say it that way you can it's done administratively here I think there may be an adjustment but perhaps not all right well I'm trying to get that clear uh Madam chair because that determines because if it's if it's a cold change that's a whole different vote that's right and and and like I said I don't think it's a cold change I didn't think from the beginning so it's a so it's a different way we're looking at this I think that the furthest that we could possibly go is a Allin favor I or nay because it's not particularly a cold change because what we're what we're really looking at here you know which we appreciate what we're looking at here is um an additional document for the the process that already exists okay but um so as far as how we do it I I do think I I I understand what the attorney is saying um but I I want to take us a step back it's to like should we do this right so if we already have regulations or some sort of process through which you would have your lighting approved why why exactly are we layering this addition element I mean for what purpose what does this serve primarily to address the specifications of the ordinance so whenever someone submits a permit for exterior lighting it's simply just the wiring to ensure that it's done in accordance to the Florida building code but with this additional application it adresses IT addresses the specifications with the drawings from the engineers in relations to the light spillage the code states that light should not spill more than a half a foot candle which is 0.5 so with these type of concerns when I come out to condu an inspection the the light pollution I take the measurement and if it exceeds that then it's in violation the County ordinance states that prior to um installing these type of Lights this is the type of documentations that should have been submitted prior to the approval of the application so consider that it's not a part of our process then that's the biggest issue with regulating the code and may I may I also add sure I would love your input on it Martin um our our um building official is here to can't he oh you can't hear okay our building official Mr Pedro Martinez is also present so he can address that because we we have discussed this um at length um internally within the administration I know there are some things that they do um look for in these um applications but I I want if if you have some more questions about what is being done presently perhaps he can address that I would love to hear that what what is being done just so I understand what what is being done and what is the thing that is the new thing that is being pro proposed to be overlaid on top of that yeah well um I'll start by saying the building code your name and address oh yes I'm sorry thank you Pedro Martinez but I don't live in the The Village I'm the vill village building official I prer to maintain my address [Music] private 343 Al Mar Avenue in C gaes um first the building building code requires a light to be installed on every exit door on a own a property to avoid accidents at night people need to see where they're stepping out um and that is mandatory now I I know the number of lumens the building code does not address light spillage but the county code does um so we have a conundrum we must install Lighting in every building per permit the electri inspector will inspect if somebody builds a perula or some I think in the patio with lighting the electric inspector will inspect now in my opinion the owner should sign an agreement not to exceed or spill light in the in the present or in the future after installation because the owner can change light bulbs later and increase lumens even after doing a whole well if we go with with requiring it an engineering study it may be violated the next the following day but if we have the the owner signed an agreement not to violate the light spillage ordinance and ins spell it in the permit without having them go through the expense of an engineering study I think would be much more effective because we could enforce it they signed the agreement that just like with the hedges they sign to keep it at four feet thank you that you mentioned something the expense what what fees are we looking at or what additional expense comes along with uh these types of studies and then I heard Scarlet say like when you change lights they can change so so fees can be very high especially if I don't I I am not sure if you have to measure the Neighbors after you install but if you install an engineer will not come for free and many neighbors will not want an engineer in the backyard measuring light MH so so it may cost several thousand dollars just for the study that can be violated as I said the next day so so it it would become very almost prohibited for somebody to install Lighting in the backyard something that's now very inexpensive people complain about the the electrical permit um but we can put that that as an as a as a condition for approval of the permit that they don't exceed the light spillage if the neighbors complain they must comply right will be a condition on the existing permit we can issue a new permit with that condition too okay okay without adding the additional permit that we're talking about tonight just make that clear correct correct okay all right no that's good to know thank you so much I appreciate that so it is is if you're installing lighting for your landscape it's a regular electrical permit that we already have so we don't need to change the code for that but we can add that condition if anything that's outside we have the condition and people must comply and and I think it would help both ways and and people don't don't have to go I appreciate and I have a question for officer fit Simmons uh how big of an issue is this like are we receiving like numerous complaints from many residents about lights Village um no one and just one just one complaint okay okay all righty thank you so much this my questions does anyone else have a comment anyone else on the council Madam chair we're talking about lights Village we're talking about any Resident not not the government we're talking about any Resident wanting to have spillage wanting to have more lights than necessary on their property is that right I'm on Q we're talking about I think there's one complaint about light spillage and because of that one complaint uh what's being proposed is adding on an additional layer of Permitting that also might be cost prohibitive to the regular resident that is Desiring um to either install Lighting on their landscaping or in their backyard so we just have to think about whether or not the expense that we're going to be handing off to the residents um is one that is I suppose necessary or um agreeable in the situation where there seems to be um not that many people complaining about it so we just kind of have to weigh that yeah because I'm thinking more of I'm thinking I'll be through in a minute I'm thinking more about when events happen and all this spillage occurs and I think he's talking about like data day not like a special event right we're talking about just like regular these are my landscape lights security yeah okay what's wrong with the foot lights we got now no no um talking about two resal property someone security lights you know for addition I thought that's what we were talking about that's what I'm trying to get at because if if if it's I understand I understand I can just imagine because I've passed when they're having residents are having these parties it don't matter if it's back door or front door there's light spillage lots of it so are we talking about something that the county puts in or something that the the residents do when they want to have a big party and light up basically have to have to have to block no it's it's in relations to Residents um installing security and flood lighting that's what I thought not nothing special events regular security lighting for what's your take on it up or down since you're the cold person you would know because that's who they're going to be looking for that person did so and so and so and I got too much light in all all the properties I got too much light when they do stuff um you know my job is to enforce the code the way it's written so as long as the lights are permitted and it doesn't exceed the foot candle the light spillage I see no issue with it all right I'm I'm more concerned about the light spillage than I am actually the the INF structure change that's all yeah so light can spill as long as it doesn't see the half a foot candle so that's what I measure attorney G has a comment I'll take it to you and then bring it back to the body just as to um the point that uh council person like for warre is um it's not I mean and you hit the you say it right when you say it's the spillage that you're concerned with just to clarify it's not a regulation that affects how much light you can have on your own property you can have as much light on your property in your backyard even if it's coming in through your windows and maybe keeping you up but you can do that in your own property so I just to clarify that but then when you got further in the conversation you start talking about the spillage it's when it leaves your property so if you have a way of either directing or shielding or something if you can keep the spillage within the the regulations that the county has set that our code enforcement officer and our our building official are talking about if you can keep it so it doesn't go on another property I just want to clarify it had nothing to do with how much light you can have on on yours it's just when it crosses the property line that it has to be in compliance as Mr Simmons says and then the issue is does the neighbor who's being affected have an issue with it and do they complain I mean you can have spillage that somebody doesn't object to if it you know he goes into their parlor and they're not worried about their parlor doesn't affect their bedroom something like that but it's you you hit it right when you say the spillage and I just want to clarify that because of the way you phrased the first question thank you attorney g i I have a question for you a follow up on that yes' as far as what our building official proposed like how to handle this can we add that condition onto um the existing permit that they would get through the building department saying that you cannot have spillage so that if there is a neighbor that is negatively impacted by spillage they can use that as a recourse to then get relief in that issue with that issue I think the answer to the question the way you phrased it is yes but there are a lot of conditions that limit that you start with the fact that if there is spillage it must be below the level or it's not permitted by law and we have nothing to say about that it's a County ordinance that's binding on everyone across the county certain things the county does can only apply where you know like in unincorporated but there are a lot of things they have that they preempt this is one of them so you're starting from that now again as you know the mayor's point was that we're not really changing the code and I think that's probably correct in a sense but we are changing the process by which someone can have lights legalized how that they can get them get a permit for what they're putting in and that is enforced through our code enforcement process but it's a case where where our code officer is basically charged not only with enforcing our code but enforcing this provision of the county code now I guess one could say and that seems to be the the flavor here that this is just an administrative regulation that's relevant to the process for issuing these permits um certain things we can do and some things we do that people don't agree with and that's why we're blessed to live in a country where people with black robes who independent get to make those decisions and it can't be arbitrary but we do have certain rights and I'm a little loath to predict exactly how a given judge would rule if there was a particular charge we try to avoid that but we do certainly have administrative a certain amount of administrative uh Authority yeah I was going to say really administrative discretion that we are able to apply I have to say that the suggestion that we seek to get people to accept voluntarily like we did in the last case where there was a voluntary profer was not a result of us trying to force someone but somebody voluntarily proferred if we could do that that would [Music] certainly help to insulate us from any possible uh attack on what we're doing and I do think we have some administrative discretion and I guess you could say that's not really changing the code it's just changing how we enforce the code but the fact that it's a County ordinance really is a complicating Factor here so there are some things we can do but in any set of circumstances however you get there the county code is binding on us and it has to be enforced the suggestion as I understand it is that we add some additional administrative processes and if I'm understanding it correctly and not 100% certain of that I could characterize it this way but I invite staff to correct me rather than wait for there to be a complaint which would have to be investigated and determined if a violation existed of the provisions of the county code this is an attempt I think someone used the term proactive to be proactive to make sure before lights are installed that they're not going to be installed in a fashion that violates the county code we're trying to stop that upfront by having an additional process which currently doesn't exist because now they're only having an electrical inspection to make sure it complies with the Florida building code and we're not upfront determining whether or not it's also violative of the county code awesome is that a is that yes okay thank you so much for that uh so I'll go ahead and give another round to the council does anyone have a comment on this item before I open it up uh to the the public no so I'll open it up to the public does anyone in the audience have a comment Mr polium if you can step up to this Podium and state your name and address for the record hello again Thomas polium 205 Northeast 86 Street um I am the one person who's reported light SP Village I've reported it four neighbors three of them have corrected it I'm actually not mad at this uh proposal but what I'm curious about is since all the information about a nuisance light the required shielding of it um including needing you know an engineer or someone authorized to confirm that light spillage is not occurring before it's up consistently all of that is currently within Miami date code it seems as if um his historically the process for elportal for getting permits for security lights has not asked for the engineer sketch or you know that required information so to me hearing this it does seem to make sense why there would be a form now kind of specifically laying out but at the same time um you know why was that not occurring before because that's always been part of the Miami date code and yeah it sounds like it hasn't been uh checked right because it's just been an electrician uh making sure that the wires are fine not all the other stipulations in the code have not been enforced thank you for your comment thank you all right is there any other comment from the audience on this item hearing none I'll close it to public comment bring it back to the council does anyone have a motion on this item or additional questions for staff something to say Mr for for the comments of Mr Geller for attorney Geller um I was U what I want intended to say is we put an acknowledgement and acceptance so we actually put a stamp with the actual wording of the code and the owner acknowledges reading it and accepting the the regulation so so in the future also it remains enforced that's what I I propose and just to be clear for the record mam chair that's what I was saying seems to be that would be a good thing I don't want to say that should be the only thing or that's to the exclusion of anything else or we shouldn't otherwise have an additional form or anything like that however that particular suggestion as I said anytime you can get someone to voluntarily accept something it certainly strengthens our hand should enforcement be necessary now that may be the only thing we need to do that may be part of what we need to do I'm not suggesting that doing that means that we shouldn't take a look or we shouldn't have another form that's for you to decide but I do think that trying to get some voluntary acceptance and compliance by itself that helpful and thank you so much for the clarification now for the council do we have a motion I think essentially let's take it back to what staff is talking about and recommending is adding this new form and new procedure um to flush out this process and make sure where whoever is installing these lights is in compliance with the code in mi day County as well um do we have a motion on that do we want to accept this recommendation go forward with fulfilling putting forth this new form do we have a motion on that Madam chair if I may sure go ahead um it it doesn't necessarily come with an additional um fee does it like I know certain permits come with like in the building department certain permits come with a permit fee but there's no permit fee attached to this permit form this is just another permit form to be more detailed about what's already in existence basically this um as it is proposed right now um there it's not um on the form but um it definitely generally speaking there are fees associated with with permits and that you know something that could be talked about in the future if we if you want to move forward with this that would be information that I would need to in addition to that um I know are we asking an applicant to engage uh a professional and if so like do we have an idea of how much that engagement would cost them yes that it would be um a professionally prepared plan but I don't have any cost estimates to say what that would be okay well it seems like maybe we would need those costs and move forward so should we defer this item until the next Planning and Zoning meeting I think we've got a great Foundation can I make that motion uh let's go ahead and I move to go ahead and defer this item let me just be very particular in what I'm differing uh deferring item G5 to the next planning and zoning committee meeting and I would instruct staff to come back with some idea of whether or not there will be a permitting fee and if so around what are we talking and in addition to that uh whomever is the lighting specialist that would need to be engaged we would want to know how much we would would that cost be so we know how much we're proposing that our residents pay for this service so do I have a can I if I'm moving can I have a second on that one item perfect do I need a roll call on that M you can do all in favor or all in favor all in favor say hi hi hi can you posed all right so we'll move forward to item G6 the lot coverage discussion Scarlet I think you're up again thank you so much great this is just wanted to um kind of start a discussion on this and um get some direction I guess really um from your end um we have um at this point we've been receiving several different kind of interpretations of how different design professionals have been submitting site plans um and and calculating lot coverage there seems to be really a consensus on impervious versus perious coverage um however there are certain exceptions that are currently included in the definition of lot coverage that have been a little bit um not everybody's interpreting them the same way I'll I'll say that so the um the definition is in article 10 um which states that lot coverage is the area of the a lot occupied by all buildings excluding structures such as decks pools and taluses um and just to note that um we have um some some um differences of opinion from different professionals that are not um including driveways when they're looking at the impervious I'm sorry the lot coverage and most driveways I mean there are different materials to um to to prepare to um to construct a driveway however um the majority of them are are per impervious surfaces and so we've um is at staff level when we review these site plans we are taking a more conservative approach and have been including driveways in the the impervious lot coverage and um we have um definitely requested this um item come before you tonight just for discussion purposes and if so desired by you to make a small amendment in the code of ordinances that would change the definition of driveways that would in sorry the definition of lck coverage that would um that would defi that would define better the um impervious surfaces would be included in lock coverage and also um there is some stretching of the the exclusion for the deck um exclusion that um we would I would request that you look at defining that better such as um including the word or describing it as a wooden deck which would not be um which would be an perious Sur surface which makes sense for that to be excluded thank you so much for that I remember that we had U quite the conversation ation about that with a with an applicant so as I'm concerned I think it it would be a great move for us to move towards having a more fleshed out definition of that and I think from the report from what I understand this is the same definition that bisc Park is using is that correct biscan Park does um perious versus impervious and that and stops there they they don't um have any exclusions or um any other lot coverage definitions or that it's just straightforward impervious versus impervious and then this amendment that you're proposing would get us closer to that level of certainty so I suppose a developer an architect would look and have a very clear idea of what we were calculating in impervious versus right okay right um I I get that uh does anyone else on the council have a question for scarlet on this this item I do Madame chair okay go ahead um so uh thank you um so Scarlet um when it comes to driveways there's one of the things that um that could actually be uh previous um previous right if they do go ahead with the materials that it could be that so that wouldn't be count as a lot coverage and the event that they won't extend and you know the house or anything like that yeah yes the the if if you have a perious driveway then it we would go that wouldn't be considered lot coverage no perfect thank you awesome that's all thank you so much uh so it seems like the V uh councilman life award do you have anything on this item yes sure are most driveways impervious right now it seems that way um I'm I'm doing inspections and there's been a lot of new driveways in in the village and most of them are are made of of impervious materials yes is that mean with the tar or with with the plat the what's this stuff called asphalt um marble that's what concrete yeah yeah cuz I was [Music] um I'm GNA be nice I was cautioned to re pave my driveway and now you're talking about impervious I have a  I have a I have a tar surface I don't have a concrete surface or anything like that I have a tar surface and all I wanted to do was expand it but the person explained to me that the water drain off would end up being a puddle so I asked so how do I update my driveway you said you just have the person come out and put another tar on top of it that would still make it impervious right correct yes all right thank you now I do have another question um pavers on Sand is that considered impervious or perious there are some um leeway in that it's not 100% because the water can come come through but it's not a perious surface there's there's standards um manufacturer standards that that you could point to and they they tell you really what percentages that that could be considered somewhat impervious sorry perious oh okay perfect thank you thank you so much uh seeing no other comments from members of the body I will open it up if anyone in the audience has a comment on this no I'll close a public comment I'll go over to our building official or a comment on this item yeah again Martinez building official 343 arm Avenue Gres I I'm here to support the staff proposition um the current definition helps creates a lot of confusion especially for new projects when at the end because the exceeded the the the perious area drainage of the property becomes extremely expensive and the plants are already approved and civil review rejects the approval um people make drawing and they when they're ready to finish the property they're begging for variances to flood their neighbors so and we cannot approve them and and you're talking tens of thousands of dollars in drainage because they exceeding the the previous area so it is very important that I I I really support her her proposition it helps everybody so they're you're playing on on on on an easy clear field since the beginning thank you so much for your insights I love this this uh kind of a comprehensive looking at the user experience when they desire to make some changes um and also everything and anything that we can do to move towards certainty so that more of the language found in our codes are just really clear as to what is expected uh so I appreciate you putting this item on the agenda and I think the consensus is that we definitely want want to engage in conversations that move us uh closer to um that level of certainty so I'm assuming what you're going to do from this point is actually draft up some of the proposed language and we would see that in the context of a future council meeting is that the procedure that you're yes it would it would come before you as a code Amendment the um do I have it here I think I now let me ask um this question um as far as the um the back goes inside the property which right now is 5 ft is that something that is standard across the county or because I just heard um I just had uh somebody um a customer that um they were saying I think they were in Miami Lakes or somewhere they lived that they needed a 7 feet setback for at least for the shed so that their new regulation so I don't know if it's a setback for the entire entirely property around around the property or is just for certain uh uh units or applications in the in the so it's it's a five feet standard across the county or is that's a good question um it really varies so much all cities are really different but I wouldn't say that I've ever seen anything less than 5T right it's either it's more 5et or more yes thank you thank you for that Scarlet turn y I think you have a comment yeah just that what I agree with what Scarlett said M Hamm said um there's a lot of variation in different places in the county and sometimes you actually find places where they've changed it and half the town is grandfathered in and half is not right so there's that too but there's to say that there's a standard I mean it just depends where you are and side and front setbacks are not the same depending on what's behind you rear setbacks can I mean there just there's really there's no there's a lot of variance well thank you so much uh Scarlet we appreciate you I think you know what we would like to do for G6 it's not an item that we're voting on but we appreciate you updating it updating us on that and then with that we'll move on to H this is our last good and Welfare for the evening so if anyone in the audience has something that they would like to say please step up to the podium and state your name and address for the record we' love to hear what you think hi Thomas pum 205 noreast 86 Street um I actually thought there was going to be a beginning goodam welfare which there wasn't so I had segmented my topics into two um but I'm just going to run through them quickly now there you go um so um first um what happened to plac Serbia when did we change companies for Planning and Zoning Madam manager can you give us an idea of the date oh um it was several months ago uh plac Serbia is still with the village but they're only doing planning um we uh contracted with a cordino group to handle only zoning they had the capabilities of doing zoning inspections which we were not able to do uh with plac Serbia so that's why the change okay great thank you um my second topic um when is the next Planning and Zoning meeting uh because I have a variance request that's in for a fence and hedges to enclose my property after many incidents and I'm also I have a large setback small back backyard on that's well also why I've been experiencing the the light trespass um into my uh house specifically um and my Pro my house is from 1936 so one of the very original ones um here and then of course everything built around it um so yeah just um when could we expect the next Planning and Zoning meeting um so we don't have like a a set date we usually try to batch them together we never go longer than two months without having a meeting but I would anticipate having another Planning and Zoning meeting sometime in March I think that there are enough applications that are out there that we can reasonably hold a meeting uh the reluctance sometimes is there might be one item um for and Q we try to batch them for efficiency but it shouldn't be longer than uh two months I anticipate having one in March okay hopefully that answers the question yeah no 100% thank you next one um so uh since I have that variance in in process uh this next question is related to that um so I spoke with um scarlet and Scarlet's uh someone who works with Scarlet I forget her name um in regard to my application uh which is both a request for fence and hedges um the assistant for scarlet uh told me that they would treat it um in one single staff report but they also said it's two separate variance requests so I would have to pay separately so which as you know uh with the fees and the advertising cost it's $900 to do a variance process um so my question is um Can is that is that standard where you can't combine any variances when it's related to the same ordinance um which in our code it says Hedges or fences have to be uh require this variance process um so I'm hope I'm attempting to uh you know do it together um it's a fence and a hedge that would live in the same uh area same geography same line um so yeah can that be treated as as one or is that really two separate ordinances never seen them treated it together and I'm assuming that the reason is because you could get approved for one not approved for the other I don't know but maybe Scarlet can let us know why we're we are not doing them together but I've never seen a fence and a hedge together personally I don't know if anyone else on the council can opine he he he's seeking a variance for the fence and hedge and he was told that he has to apply separately and pay separate fees and he's wondering if he can consolidate I mean it makes sense because it's twice the work we we do you know we we re review each one on its own and um and that does does take more time okay so if you know if somebody has three or four variances then that's three or four times as much work and and they're different they're always they're they're different issues so we we do a different I can see that does that answer your question that makes sense what you said but that's not what your assistant who called me on the phone this week told me she said she would treat it within the same staff report but I would need to you know pay for two variances it's one staff report correct but the you we've done a few of those tonight already where we have multiple variances in one report okay and so those applicants are paying for multiple variance fees not just $900 the work she's because they have to do an analysis for the fence and then do an analysis for the Hedge and they're presenting it to us in the same report but they've done two different sets of work I think that's what trying to let us know yes and they and they and the other applicants paid for different variances yes okay great thank you for that clarification um my next one is uh regarding to Miami Dade County ordinances we kind of touched on a little bit with the uh permit application that was proposed today um but uh this is something I uh met with the uh mayor manager Village uh code enforcement building official about uh back in November um and have been following up since um specifically the Miami D quote of ordinances talk about a nuisance light and say and that's why it talks about needing it to be shielded and not passing uh the half- foot candle uh trespass limit um So currently although Miami D code says you know a light can't be there if it's a nuisance to an adjacent property which is my case um that is not currently being enforced by our code enforcement um I was told it's a technically a zoning ordinance um and yeah so my question is can you know what is the definition for nuisance light is it more than just the adjacent property in this case me saying hey that light's bothering me and it's trespassing more than half half a foot candle um or is there more that goes into that which is the reason why this Miami date code for nuisance light is not being enforced that's a very in-depth and Technical question that I definitely don't have the answer for you as far as what is the objective criteria for to reach the level of being a nuisance light uh I'm not sure if anyone in the room can speak on that offand but that is something that we can uh look into and then get back to you on yeah so I mean it has been something I brought up um again in November that um has somewhat been looked into um these lights are shining into my windows all night long they're not on motion sensors they're raised above the you know they have a there's a 6ot privacy fence but it's raised way above that like at the line of the of the roof um and it's you know the highest luminance flood light possible just all night bearing down now some of the lights um are in half a foot candle trespass so they are um currently being enforced to the Miami code in regards to half a foot candle but that same date code also says about you know if it's a nuisance to an adjacent property then you also you know can't have it permitted without a public hearing and all this other requirements um which is not currently being enforced despite me you know uh vocalizing this since I believe May last year to code enforcement no definitely and and I understand how frustrating that must be um but as far as it relates to me and I think most of the members on this body I wouldn't be able to give you specific guidance on that and one thing I do want to do is make sure that whatever I tell you is actually true so that's a question that needs a bit of research and I would asked that you trust that I will do what needs to be done as far as trying to get you an answer on that but off the top of my head I have no idea what would be the objective criteria for a nuisance like no I totally get that and I appreciate that oh attorney Geller Madam chair um this is something that uh the gentleman's presented the Administration has been reviewing it we've had some internal meetings that have involved me as recently as just last week awesome and we're looking at that issue and we're going to try and respond to Mr buam but I mean we we met on it most recently we've talked about it a couple occasions uh as we indicated when we had that whole discussion because it's a county code issue and not our code it is a little more complicated than usual but imagine but we are working on that as recently as as like I said we met on it last week four of us and uh five of us maybe and uh we're trying to craft an appropriate response to a number of very particular questions that the gentleman has asked I imagine all right so there is a bit of a response uh and hopefully we can get you a full response soon but do you have another item I do and who would I follow would I follow up with you in regards to the response for the newsance slight now you can you can send me an email okay great sure um my next comment uh Also regarding light trespass um so uh one of the lights which is uh trespassing onto my property from the adjacent property uh I only have three feet separate on the property line separating my building from the end of my property and then that house um which is uh currently has uh 1.2t candles trespassing which is more than double uh the allowed allowed amount so that was enforced by Cod enforcement um and then was uh corrected um and then since has been recorrect where it is again shining 1.2 foot candles um and code enforcement is not treating that as a repeat violation even though it's the same light in the same location creating the same effect with the same amount of light spillage so they have again another 30 days to correct that although this has been an Ono issue with them for four or five months um and so they just are correcting it in that way and then are uh ordinances around repeat violation don't appear to be followed in that regard noted fit Simmons isn't in here right now but I'll be sure to let him know and you can add that in your list of what you're emailing me do you have another one yeah one more um so this is a different subject uh regarding uh permit process is owner Builder affidavits in specific um so my property again 1936 property um I'm doing a uh remodel on it uh the entire thing and um the uh septic tank as we were demoing the uh the oldest part of the property we discovered that the septic tank was starting to uh back up into the property um and so uh what needed to be done was replace the drain field um the owner Builder uh permit instructions live on the elportal website on the building department page the it's literally billing affidavit instructions says at the very bottom you can do an emergency repair if you apply for um a permit within the next business day which I did um what has happened uh is uh the village rejected that Builder owner permanent application um which uh their reason was that um the you need a County uh contractor with the health department to uh an approved contractor to do that however that is not uh accurate information it's actually a a confusion of it you need uh if you go to the Florida gov Department of Environmental Protection their website the very front thing uh where it says who can do septic tank work the very first item is an owner Builder on their home uh area the second item is a l licensed contractor and then there's a third item there um so you could uh it's you can uh you need the uh Health Department person to inspect after it's done and complete a state level uh form uh with their signature saying that everything was done correctly however it's incorrect that uh you cannot do uh uh septic tank repair work um as a owner Builder so my application as owner Builder affidavit was rejected um I then uh followed up hounding the licensed plumber contract hey sign this get it notorized give me all this information um so I can go through the the other route um and so I submitted my Builder owner affidavit on the on the 25th of January uh which was a day after the work was completed um for the emergency repair guidelines um it was rejected via cap government and the building department told me um you can't do this as owner Builder has to be um a registered contractor with the health department um which is not what the people at the health department and the state who I've been in contact with have told me um so now as a result of this I have a fine on my property for doing work without a permit because my owner Builder uh application that I did as an emergency repair within 24 hours of having the work done by a licensed plumber was rejected and it appears that it was rejected because of some it is a little bit confusing I've been having to navigate uh all the different ins and ins and outs of it um but yeah that's that's uh currently the case it seems like a you've had a very eventful 2024 so I understand how that uh that whole process could be tiring and confusing I would add that as the third thing on the list that you're going to email me so we can give you an exact recitation of exactly why things worked out the way they did okay okay awesome do you have another thing on your list or is that the last one so are are you with that last comment you're saying that is the correct process How It Should Have I don't know the process cap government would have to tell you the process but that is something and a conversation that we can engage with with you and I in cap government and not necessarily everyone else and you can have a chance to really dive deep into the issue as far as what happened and how it occurred yeah that would be really helpful because I have been in contact with cap government and it's just been all over the place in consistent information and they've also been extremely unprofessional very frustrated in their communication and uh giving a lot of M Direction no those are all good things to know right in fact I would like uh the village to know I've also had a been in contact twice with the owner of cap government Carlos pinnon in regards to the unprofessional and misinformation of his employees of you know what they have been communicating or not communicating and I would like all the council people to be made aware of that and that is well within your rights if someone treats you in a way that you do not appreciate you should report it as such as it relates to those three items that you specified please send me that email and we'll go through the process okay yeah thank you so much no worries thank you do I have anyone else uh in the audience that would like to comment during good and Welfare seeing no takers I will go ahead and close out good and Welfare and I think oh I think we have a so I will close it out to the audience I'll bring it back to the body Council lifeward has a comment go ahead I wouldn't be having this comment but I need to say it out loud I don't see the code enforcement person anymore did he already leave I've still got that boat in my front yard that boat on my street in the front yard not good thank you awesome with that comment we're going to move on to adjournment do I have a motion to adjourn the February 6 2024 Planning and Zoning meeting so do have a second second that Madam chair all in favor say I I I any opposed say nay all right meeting is adjourned at 8:28 p.m.