##VIDEO ID:bbL5yKXtnhg## please take your seats the meeting is about to begin remember to speak into the microphone as this meeting is being recorded for public record please stand by we are going on air in 5 4 3 2 one good morning everybody uh we apologize for the delay we had of technical difficulties I want to welcome everybody to the January 8th Zoning Board of adjustment meeting I hope everyone had a great holiday and I want to wish everyone a happy healthy and prosperous New Year and a great 2025 um let's go ahead and uh we have a short agenda we have one item uh let's start with taking attendance uh Mr Madden can you do that please Absolutely I'll do uh do a roll call um Mr Goldberg here Mr Aon here Mr Davis here Mr krenik here Mr nagler present Miss Silverman here Mr Silvers is absent okay so so we do have a quum we do have a quorum so so we're good to go so um for the new board members uh first thing we do on a January meeting is we appoint a chair and a vice chair uh with that being said that's next on the agenda so I entertain any motions for a nomination for chair don't be sure nominate uh Mr Michael elberg okay I appreciate that chair we have a nomination of myself um by Mr krenik second by Miss Silverman all in favor I opposed thank you team appreciate the support I'm looking forward to the next year this is my last year that I'm termed out and I've really enjoyed the last six years on this board so thank you for the vote of confidence I appreciate it with that being said the next item is to appoint a vice chair or as I would call it my wing in case I'm not here which very rarely happens uh Mr ason has done a great job doing that I've enjoyed it I've enjoyed um so any nominations for a vice chair Mr no he's termed out he's termed out he's termed out am I allowed to the chair can't nominate right okay pass the Goble yes if you want to pass the Goble to I'll pass the gavel to M to Mr Aion for a minute um and I like to nominate Steve Davis as a vice chair we gotta get a second I'll second okay we got a second by Mr krennic all in favor I opposed congratulations little Blindside come on listen you know you got two or three meetings under your belt it's not that hard trust me you can do it uh so we appreciate that okay moving on uh Mr uh City attorney do we have any updates and if you want to go ahead and swear in the public that's here and um when we have someone on Zoom we'll go ahead and have you swear them in if there's anybody on Zoom when we have public comment or anybody presenting on Zoom perfect thank you uh no updates so with that uh good morning all today's meeting of the board of adjustment has been scheduled in a hybrid format with a quorum of the board physically present in the commission Chambers located at 1700 Convention Center Drive and applicant staff and members of the public appearing either in person or virtually via the zoom platform in order to participate in today's meeting those wishing to participate via Zoom may dial 888 853 5257 which is a toll-free number and enter the webinar ID which is 828 6961 5309 or log into the Zoom app and enter the webinar ID which again is 828 6961 5309 any individual wishing to speak on an item must raise must click the raise hand icon if they are using the Zoom app or dial star9 if they are participating by phone before I swear in those that are testifying today I'm going to read into the record and remind all of the cious notice regarding Lo lobbyist registration if you are appearing on behalf of a business a corporation or another person you need to register as a lobbyist with the city clerk's office if you haven't registered yet you should register before you speak to the board you do not have to register as as a lobbyist if you are speaking only on behalf of yourself and not any other party or if you are testifying as an expert witness providing only scientific technical or other specialized information or testimony in this public meeting or if you are appearing as a representative of a neighborhood association without any compensation or reimbursement for your appearance to express either support or opposition of any item expert Witnesses and representatives of neighborhood association shall prior to appearing disclose and writing to the city clerk their name address and the principal on whose behalf they are communicating if you are an architect attorney or employee representing an applicant or objector you must register as a lobbyist these rules apply whether you are appearing in favor of or against an item or encouraging or arguing against its passage defeat modification or continuance uh for those that are testifying today if you could please stand and raise your right hand do you swear or affirm that the testimony you'll be giving in this proceeding is the truth the whole truth and nothing but the truth I do okay and Mr chair as you indicated I'll be swearing those uh virtually as they appear on the screen uh so with that uh turn it back to you Mr chair thank you so much Mr City attorney um do we have any discussion items Mr Madden we have no discussion items okay in your package that was sent out uh you had the minutes from our last meeting was that November 1st we didn't have a meeting November November first hopefully you had an opportunity to review those minutes um just want to make sure uh and entertain if there's any corrections um or changes if not I'll entertain a motion to approve those minutes move to approve okay um move by Mr Davis second second second by Mr krennic all in favor I oppose great thank you uh do we have any requests for continuance uh or withdrawals I believe we we actually do Mr Bon so we're going to a request for a continuance on zba 22143 12553 Collins Avenue uh could you go ahead and tee that one up please Mr Madden yes the the applicants have requested a continuance to the March 7th 2025 meeting um they've they've requested they well they're here if they if they describe do you want to go ahead and address the uh sure I didn't mean to interrupt I was just gonna no and and actually we should have yeah you want to have him address if if they if they'd like they can they can address if they have any issues but they they've requested a continuance um to see if they can work out some issues on their own and and uh staff is is is okay with that uh with that move to continue to the March 7th meeting good morning Mr chair Mr Vice chair congratulations to you both Jeff bass is my name I'm here on behalf of one of the parties joined by Tracy slavens we Tracy and I have known each other for a long time uh we've been working very hard to solve what I'll say is a very complicated issue um localized but complicated and there there are complicated solution paths that just take some time um in speaking to Tracy we had previously asked for the March date but we would ask April because of some travel that was scheduled on that March date so we hope to take this off your agenda by resolving it we just need a little more time to try to do so okay um do do we need to uh do a motion to approve the continuance yes okay so with that being said Thank you thank you very much for being here and making that presentation um I entertain a motion um to go ahead and continue this item to the April meeting it's it's April 7th we did get word yesterday the the one of the Committees is considering um taking the date that we had scheduled so we may have to move the April meeting um we're confirming the date um so I'll reach out to the board members once that's confirmed but as of right now it's the April 7th meeting okay perfect um I need a need a motion make a motion to approve the motion by Mr Davis second please second second by Mission all in favor I oppos great thank you thank you again for coming have a great day moving on uh we have uh one application which is going to be zba 24- 0169 41 Lor Circle uh Mr Madden see that up for us please this application has been filed requesting a Varan for the minimum required front yard setbacks in order to construct a padle court for AE previously approved the single family home okay so for sir way of background this project was approved on May 3rd 2022 by the design review board it went to the design review board because it contained a pre-1 1942 single family home uh there has since been a state preemption so those homes are no longer subject to drb review they are now requesting a variance so the variance be is under the jurisdiction of the of the board of adjustment because of that state preemption um the applicant um is requesting uh variances of the front yard setbacks in order to construct a paddled ball court um the lot is an irregularly shaped lot sort of a triangular shaped lot um it contains an irregular Y where are the front yards are essentially in practicality the side yard of the home and so the applicant is requesting a variance to move those front yard setbacks um so that they can construct a a padel ball court um the required front yard setback is the sory home are 30 ft um they requesting that that setback be reduced to 10 ft 72 in um so that the court can fit in um staff um is is not opposed to the variant given that the um the lot is irregularly shaped this is functionally their their their sidey yard it's really not the front yard of the home um and so staff is not opposed uh staff has received several letters of support from from various neighbors um for the request of the variance um so staff does believe that this is a practical difficulty and staff uh recommends that the application be approved subject to the conditions in the attached draft order thank you um before we start do we have any disclosures on the dies okay um we'll go ahead and turn Mr Lin are you going to be presenting yes sir okay 10 minutes could you need more let me know I will okay thank you thank you so much good morning Mr chairman board May staff Michael Lin joining South Bas G Boulevard here representing the applicant can we pull up the presentation please okay I am joined here today by the applicant Ryan shinman Kobe carpon Taylor Shima from carb architect and my colleague uh and my colleague next slide please so as you can see there is uh it's on the western end of Loris Island it is epitomizes the irregularly shaped lot that you read about in all the variant case law next Slide the zoning is simple it's sing Le family zoning with comp plan land use designation of the same next slide this is what Rael was talking about with regard to the earlier drb approval notice that 70% of the of the whole linear Frontage of the property is considered the front yard that's important for what I'll describe a little bit later next slide as you'll see the location of the paddle court is roughly at the intersection of gor Circle and and brevity Lane next slide this is more of a close-up of the paddle court next slide this is the view from a Lor Circle next slide this from inside the property on the Northern end next slide this is from inside the property looking North as you can tell there's a copious amount of landscaping surrounding the paddle court so no matter what street you're walking on you won't be able to perceive it next slide this is the view from Lor Circle and Revy Lane looking toward the paddle cord of course it's obscured from view next slide this is the variance that raelia was describing to you all in the rs2 district it's a 30 foot setback for the front setback for twostory structures which we have next slide and as briefly mentioned before as you can see with a red line which makes this so unusual that almost all the frontage or every lineal foot of the proper proper adjacent to a rideway is about consider the front yard the front yard is the most restrictive setback you can have for property next slide so this is the what I was going to say the quintessential case for the classic car chip where you have in regular shaped property does not fit within current zoning regulations and thus creates of hardship next slide so we're requesting the variance from the 30 foot setback to allow for the construction of the P Court as Helio described 10 feet from the property line next slide and I know you all value neighbor Outreach and Ryan is one of the more energetic clients and he's gone out and got a tremendous amount of support from his neighbors this is just a list I know these folks but Ryan beat me to them and he got letters of support from all of them next slide you can see this aerial where importantly with regards to 5 4 3 2 1 and six they're immediately adjacent but Ryan of course has good relationship with all his neighbors including the president of this HOA and they have written letters of support for this application next slide and that's it so we're here for your questions okay um before I um hand it over to the board I'm gonna open up for open up public comment do we have anyone in the here in the chamber or on Zoom for questions there's nobody on Zoom with their hands raised okay with that being said I'll go ahead and close public comment and open it up for questions from the board through the chair if it was a side yard what would the setback be side yards interior side yards are generally a minimum of 10 feet it depends upon the width of the property the largest property it's a percentage but most properties don't even get to that level it's usually going to be 10 feet so if this was not a frontage and it was considered the side of the property you're saying this would not need a variance at all thank you questions DAV were there any I from what I saw the padel court from what the pictures there's not any lights are going to be be uh present there are lights um and you bring up a good point as a part of when this had a drb approval it had a tennis court associated with it and of course what you're thinking is it could be a nuisance to the neighbors if they're kept on till midnight 1:00 a.m. so what was agreed upon then was that the lights would shut off at 10:30 p.m. for the tennis court and for 7:30 a.m. you know that's but couldn't be lit before 7:30 a.m. so we're happy to agree to that same condition for the paddle Court Mr nagar Mr asion Mr nagar go ahead yeah um there was a slide thanks to the Outreach yeah always there was a slide that showed a red line and that was to indicate the frontage MH what what how is Frontage determined what what makes that Frontage as opposed to side yard what's the definition um because it the the definition generally it's it's the narrower uh Street Frontage um or as determined by the planning director in this case because it's an irregular lot it's a determination that because both frontages on on um uh both frontages are roughly equal that both would essentially be front yards okay what so my understanding is that this was was this a tear down and there was a new prop correct is there anything about the way that the new property was designed and built and placed on the property that did or did not or could have contributed to whether or not this piece of um this area was Frontage versus side yard I believe the the home that was built followed essentially the same Frontage as the previous home that was there um I both front edges are equal I think in both situations we would have counted both sides as a as a as a front yard setb back I don't I don't see any situation where this was two houses that were purchased and knock down right so I guess the question would be how those houses were configured and they were purchased at the same time knocked down at the same time because it's it's a whole another ball game I I went I visited the site yesterday um yeah and it it's very different than having a house a house separate owners and someone buying both and knocking it down that would affect what they can build yeah this was you know this looks like the tip of a rocket this was what it was platted like this and the owner took no actions to affect the configuration of the property and what raelia said is true it's usually the narrowest portion of a street as you the Nar portion of a property adjacent to a rideway is the frontage and I've been involved in situation where I have double Frontage which is not welcome when you have a property go from one street to the other um but this is even more unusual in that 70% of every foot adjacent to the to the RightWay is considered Frontage so it's the classic case of a hardship so and the question isn't just I guess for the record there's nothing the owner did in the designing and the placement of this new property the new house that caused or contributed to the need for a variance in the situation I I the I guess the aggregation of two lots um potentially could have affected it if it was if it was half of that lot you would potentially have a narrower Frontage on one side and it would be longer on the other so we would we would have a deter we would be able to determine that one side is the front yard and the other side is the is the side facing a street yard um but in but but because both are roughly equal uh both are both are determined to be front yard setbacks thank you any other questions or comments okay um I'll make a comment I always like to be the last one um I did drive the site and for those of you that don't I mean it's up to you I go to Every site because pictures are one thing when you get plans you look pictures but when you actually drive the site and go on the gor Island and you drive around it's an amazing property um you know the investment that the owner is putting in there is significant you know and what what I always look at and and and and you had it actually and for some reason wasn't including in our packages but it was emailed out yesterday you got letters of support from just about every single house that surrounds the property um you know I saw the north side where the paddle ball court is going and you know the only it's not a concern um I saw there were some trees planted but they were kind of smaller but I guess within a year they'll grow up and they you know they they'll get larger and cover that up you I saw the tennis court had already been done which was approved through design review which may have needed a variance or I'm not sure it doesn't matter you got you did what what what you allowed to do um but it's it's a beautiful property um and a big investment and um I I don't see any issue in in supporting this great thank you sir okay uh any other comments no um it's going to be the house next door is it also owned by the same the house is being built next door in the lot next door 31 Lor is that the same ownership that abds the 10 that's good question thats the tennis court that abuts the tennis court I see a house I notic that a house is being built there on the on the South Side on the South Side no beautiful house both both houses are going to be beautiful on that yeah they look great thank you congrats thank you so much okay motion to approve okay we got a motion by Mr kenck to approve the variance as presented second second second by Mr Davis all in favor I oppose congratulations and uh good luck to the owner if he's watching um thank you for the investment in Miami Beach nice design Kobe good job yes Kobe kudos to you KOB Kobe great job okay thank you so much have a great day okay um so a couple more things um our next meeting is scheduled for February 8th that that we may cancel that because there's only one item so we're going to see if we can move that to the March uh and if we go to March and M Mr Madden can correct me we would probably have two appliations in appeal I believe correct um I I just received word um it's it's I apologize it's not the April meeting that needs to be corrected it's the July meeting and the October meeting where the chambers are are going to be reserved um so the April meeting uh remains April April 4th um so that's not that's not true sorry April yeah April 4th so that's not changing so the April meeting will be April 4th um we did get a request and bass and Tracy slavens conf confirmed if the appeal that we moved to the April meeting could be moved to the May second meeting um so I don't know if anybody has any concerns with that or if we could get a motion to to to move that meeting move that item to the May 2nd me meeting so that happened after they left because they said that happened after they left I just got a text message live action live live action and motion I love it you got to love it um I don't see an issue anyone uh want a motion give a motion to approve the moving that item move to approve moving May okay move by Mr Davis second second second R kenic all in favor I I opposed great um last thing um is good and Welfare um I I'd like to take a personal privilege and recognize uh Mr asion Andre who I consider a friend for his service here um you've done a great job um and all your input was great and um this will be his last meeting and I'm sure we will see him pop up on other committees or other he's out and about uh you know in the community chamber board member proud to say with me so I want to thank you for for your service and uh we're going to miss you up here thank you thank you it's been great to serve um looking forward to doing more things together okay uh with that uh anyone else have anything else before we close Mr Madden I just wanted to clarify um for Mr Rion the commission is expected to appoint members at the February meeting um if that does not happen um you are welcome to attend the the February meeting um sounds good so if U if it doesn't happen I'll attend and if it happens does the city post so people know that that is now an open position so if we don't have someone that applies for it by then Mr ason can St on just just one more in feary 60 days so he can so so the February meeting you can stay on Perfect all right so so so we'll keep and that's the only position actually that's the only one we know we're going to have open but I believe we have some people up for reappointment Mr kic is up for a reappointment um cor he'll reapply and then see in February and then commission will make decision in feu on the February that's that's what the expectation that they'll make a decision in February yes perfect okay all right motion uh to close the meeting all right do it missman you got it Go J motion toj all right thank you for coming in I know it was only item but it it was a good one it was a great property and I appreciate everyone's um support and have a great day and stay warm I am heading over to the chamber with you sir okay