e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e good evening everyone I'd like to call the the planning and zoning board meeting to order it is 6:32 p.m. can we stand for the Pledge of Allegiance FL so this is the first meeting that I begin sharing so you can see that the nerves are definitely apparent yeah so let's move on to um approval of the minutes I'll make a motion to approve minutes second second by by Mr senra all in favor I I I'll opposed before you proceed I just want to announce that board member Julia is on his way he'll be about 20 minutes perfect so so I'm going to move to to change the order of the variances that we're going to hear this evening so we're going to move um we're going to move the second one to we're going to call that one first which is uh variance ending in 0106 is that correct that's that's the sign okay all right Town attorney you want to we'll do thank you Mr chair so on well actually we need a motion and then we need it to be approved so I I'll I'll make a motion to to move the uh the order of the V the order of the variances that we're going to hear second I second okay all in favor I I I'll oppose nay okay the motion passes prior to moving on to the item we do have public comments I don't see anybody online but if anybody's here to speak on public comments you have three minutes to speak you just state your name and address for the record and you can stand up at the podium no public comments okay yeah I'd like to um swear the applicant if you you can stand and raise your your right hand all the applicants please swear to say the truth and only the truth so help you go you may be SE Mr chair uh the next item that we're going to be hearing we're be hearing this evening two quasi judicial items the first one uh will be the variance 2024 0106 at this time uh if any of you have had any exp party Communications that you have fully disclosed to the clerk this is your opportunity to do so being none please advise that the uh items on the board's agenda are Quasi judicial in nature an opportunity for persons to speak on each item will be made after the applicant and staff have made the presentations on each item the order will be staff will present first and then the applicant will have their time uh to present their U presentation all testimony including public testimony and evidence will be made under oath or affirmation additionally each person who gives testimony may be subject to cross-examination if you do not wish to have be either cross-examined or sworn your testimony will be given its due weight the general public will not be permitted to cross-examine Witnesses but the public May request the board to ask questions of Staff or Witnesses on their behalf persons representing organizations must present evidence of their authority to speak for that authoriz organization any person presenting documents to the board should Prov provide the town clerk with a minimum of 10 copies further details of quad a Judicial procedure may be obtained from the clerk and this is a variance 201 24106 the applicant is Juan Carlos Gonzalez uh and the location of his property 16453 Northwest 83d place I'm presenting for the town will be Miss Olivia shock hello so for this variant that uh is they're seeking to allow a canopy to project 18 ft into the rear yard where a maximum of seven is allowed um and we're currently recommending um approval with conditions the conditions being that um the approval is substantially consistent with the above mentioned plans and that no other accessory structures be permitted on this lot after the fact so this is a um single family residential home in the Royal Oaks Smith Edition neighborhood um this is on a very standard lot for the neighborhood um currently they here we go they comply with items A B C D and they do not comply with items e f and g any questions happy to answer about any of these questions this particular sh uh this particular parola has not been built yet right no no this is a canopy that has not been built this is uh they're coming in ahead of time I believe the 11 feet 6 Ines is to the edge of the is it to the edge of the roof of the perola or the canopy I mean it's to the columns it's to the colum yes there's usually an 18 in there's usually an or to the edge of the colum the setback is to the edge of the column there there is always an allowance for 18 in for an overhang have more correct and and just so for as a matter of explanation at the time when uh the applicant wrote that letter uh he was under the impression that he was going to be able to use the attached pergola um uh I don't know if you remember I think a couple of years ago go we passed uh some a new ordinance where smaller backyards would be allowed to do instead of having a detached perola they would be allowed to do an attached canopy uh and then be able to encroach onto the required rear yard half of that distance right the the and it and it resulted in many of them 12 and a half feet which is where he's discussing those 12 and 1/2 ft on a 25t rear setback um upon for their inspection though as as we were trying to process the application uh the his backyard is actually 27 in uh 27 ft 27 ft correct so it technically it doesn't fall under the 25 and under requirement that the code has and that's why we sort of had to rewrite the application to what he's requesting right now because he doesn't fall on that 25 and less does that make sense uh it it it still sort of falls in the same sort of um explanation that we did at the time when we passed this ordinance way back when and I think you were all here at that time where we discussed that it was preferable to the town to have attached perolas because they're farther away from the setbacks and you know they're usually a little smaller uh by you know less than the 350 square F feet that you usually would have for a detach perola so so they're a little preferred and that's why he's seeking for this this variance um instead of uh for does that am I making sense yes I think you're all not in yes okay okay any further questions for Town staff thank you yeah would the applicant wish to present please state your name and and address for the record Juan Carlos Gonzalez 16453 Northwest 83rd Place Miami Lakes 33016 um well you heard the story um I'm not going to get into why I said a foot and not a foot unless I have to and and explain it but but uh I think they're recommending for it so so basically I'm going to be the parula is going to be 18 ft and the to answer the question it is to the column the setback is to the the column it's not to the edge of the because that's what the thing said yeah my question through the chair was because you talking about cutting it back and I couldn't understand why you would be cutting it back because there's an overhang and I would have to cut the panel that's why because I the the overhand can only be so big so I would have to cut the pan does that make sense I'm not the architect here I'm just I think I thought the overhang was two two and a half feet you said but it 18 inches this is more than that now it's about four feet that's why my I had the question you have it you have it's two feet two feet am I correct two feet yeah okay so if you're 12 feet away it's hard to see it in this small uh sir I believe you were looking at the ones that have the signatures on them yeah there there has a little bit better that you can see a little better he those are the ones that he submitted with neighbor signatures so they are printed a little smaller 166 I was just trying to figure out the edge will be 166 from the wall if there 276 to the wall on the longest part and you're 116 off right be like 166 okay do we have any questions any additional questions for for the applicant you may be seated thank you is there anybody here that wish to speak on behalf of this item in support or or against no okay so I'd like to hear from my fellow board members I I happen to live in Royal Oaks I'm on the board for the HOA and I I put some weight on the fact that the the ARB which is the architecture review board did approve it so um you know that that definitely holds holds way for me not not to mention the town staff with with some caveats right I got question yeah I'm GNA go ahead and make a motion to approve it uh because the association has approved it already and the staff is uh willing to approve it and I'll make a motion to approve it as for the staff's recommendations I I'll second all in favor I have to call she has to call Board member deerra yes board member leonio Vice chairperson senra yes chairperson Fernandez yes the motion passes thank you congratulations and uh as an aside uh since that you're being inclined to approve this in this fashion I would suggest that um maybe at the next hearing the the next time we meet we discuss whether or not you make want to make a recommendation to the council to amend the language on this section of the code to allow yards larger than 25 ft to abide by this uh 12 and a half foot set back set back yeah the the ordinance and this all this happens in every city the ordinance needs some work um it's it's a little vague there there's two ways to have interpreted dis ordinance uh and we went around the back and forth frankly the way I interpreted he only needed a foot but it depends on how you interpret it the way if you interpret it the way staff's been interpreting it in the past you know they're right he needed I don't know 17 18 foot variants if you interpret it probably another way of interpreted he only needed one foot but I didn't want to say any of this until you guys voted and discussed the that section of the ordinance needs to be tweaked because it could be interpreted two ways but it doesn't matter you know uh and we'll have something for you guys next week to re next month to recommend to take a look at okay the other thing that we we discovered actually right Mr gessi discovered is the actual definition of of setback and how it works throughout the code is is kind of confusing as to yeah in other words is setback the amount is setback by definition I'm sure you guys know there's a table where all the uh you know if it's I don't know what is R1 it's 25 ft well if you read this ordinance it says the setback but does that mean the actual distance from the property line to the uh structure or is it this is a property within uh ru1 so the setback is 25 ft if you look at that ordinance there's two ways to read it so we need to clear that up we need to clear that up we'll we'll bring it before you for you guys to recommend and then we'll bring it before the council all right thank you Town attorney take care have a good night thank you thank you you too all right I think that brings us to the next one but we're going to have to hold off until Mr Julia arrives on his way so he's still on his way I don't know if you guys want to take a quick recess yeah so so just so everyone in the audience is informed we we we had enough we had quorum to hear the the the item that we just heard but because we have one of our board members that has some sort of relationship with the next item he has to recuse himself so we we don't have Corum so we're waiting for one board member to arrive should be here any minute so I'm going to ask to um to have a 5minute recess e e e e e e e I forgot to C I'm officially the old person okay so I'm going to call the meeting back to order um we have Town staff is going to present we're we're now going to hear a variance ending in 0084 let me let me read the disclosure again and also um at this time if any of you uh have any quasi I'm sorry any expart communication you like to disclose also if you have any um conflicts that you wish to disclose and need to recuse your now would be the time to do it I'm going to have to recuse myself from this uh item okay um Mr L something that again I I probably should have mentioned to you beforehand is when you get the chance just go ahead and just if you can dock it or memorialize your uh recusal and send it to the clerk so that I have extra papers here if you need it you have it okay so she'll she'll provide that to you just pull out and okay okay and then we'll wait for Mr leonio to leave the uh premises and then or Mr Leon if you want to you can also just go right back in here if you'd like to whatever is okay I'll go to the lobby okay whatever is most more comfortable for you okay and then I'm going to read the quasa judicial disclosure again okay so the next matter that we're going to hear is a matter 2024 0084 uh please be advised that the following items on the board's agenda are Quasi judicial in nature an opportunity for persons to speak on each item will be made available after the applicant and the staff have made their presentations on each item all testimony including public testimony and evidence will be made under oath or affirmation additionally each person who gives testimony may be subject to cross-examination if you do not wish to have be either cross-examined or sworn your testimony will be given its due way the general public will not be permitted to cross-examine Witnesses but the public May request the board to ask questions of Staff or Witnesses on their behalf persons representing organizations must present evidence of their authority to speak on behalf of that organization any person presenting documents to the board should provide the town clerk with a minimum of 10 copies further details of the quasa judicial procedure may be obtained from the clerk this is again matter variance 2024 0084 the applicant ISL Rodriguez Diaz the 6 llcc the location is 14010 Cypress Court Miami Lakes Florida 33014 for the town Olivia shock we'll be giving uh the presentation hello again so um this variance is seeking um they're seeking two variances one to allow a swimming pool to encroach uh 14 feet 1 inches uh water W of the top of slope and another to allow swimming pool uh water the top of slap or Tha line so they're proposing to build a swimming pool in their rear yard um the home isite at 120 ft from the water's edge at its furthest point and 90 at its nearest um so they're they're requesting a varians to allow you know 14 foot 1 inch encroachment um inste encroachment would leave about 20 ft of unencumbered slope area at the narrowest point beyond that until the water um this is a home that's situated on Lake Adele in Miami Lakes and we currently recommending um denial for this proposal as they do not comply with um any of the variance criteria except for D that it can be approved without causing substantial detriment to joining properties they do comply with that one see yes questions any questions for staff through the chair I have a question is an addition also being done here are rooms being added because I'm looking at the original survey that the county has here yes they they are currently under they are currently undergoing an addition on the the home they're adding a master bedroom and changing done okay look like they're adding two rooms in a master bedroom yes thank you yeah anyone else have questions for uh I believe the applicant wanted to submit some letters do you have letters would you did you take them to the our Deputy clerk so then he would be complying with two yes correct and you be complying with a as well if if the letters are in favor of we don't know yet for wow they look like form letters for okay I guess if if we need to call you back up we will at that time thank you does the applicant wish to present at this time please state your name and address for the record my name is Andres uh Rodriguez Diaz the address is 14010 Cypress Court Miami Lakes Florida um we are doing an addition to the house um we're planning to move into Miami Lakes all of our children leave here grandchildren and we are doing an addition to bring it up to up to date and uh the pool I would wanted the pool to have uh some distance from the house to avoid the grandchildren from um how do you call this accidentally getting in there um um so we drew up our plans and we have a family room on one side and everything else is within the the setback unfortunately the pool where we're placing it needs some support from the from the board uh for items for the items that were non- compliant um I spent some time going through the neighborhood and there are number of pools and structures that are close to the lake um on that Lake and then from the other point of feedback about the uh the wall uh the the pool um we're planning to do an infinity pool or a green wall with uh vegetation like yra something that grows right on the on the wall that would be appealing I met with a number of neighbors both of my neighbors on both sides support it and the Neighbors on the other side of the lake actually we looking forward is it it probably going to look better than what it does today okay I have any questions does anybody have any questions I I do have one if um so as we as we chew on this I always like to ask if there's a possibility that you would be open to if we if we offered a variance perhaps not a variance to what to the total amount of feet that you need but somewhere in the middle would you be open to that I would be open to that if that's what the board recommends okay thank you uh to the chair uh you said that there were properties on that Lake that had the pool but I'm looking at them here do you know which ones in particular because I'm looking here and they all kind of fall right along the line that I'm watch that I'm seeing here that they're all running right along the the tieline they're not past the ti lines the pools that I'm looking at here and I I looked at it on Google Maps and I saw well I'm looking it on the county on the County website okay I I looked at on Google Maps and I just saw structures and water closer to the closer to the lake then you see I don't see any pools past the Tha line this one house here has 7121 bamboo would be one that might there one it looks like they has a Jacuzzi past the teline close through the chair um so it seems that so you're the proposal is to do basically an 8 by8 jacuzzi on one side and then a 16 by8 on the rest so that would give us a total of 26 ft a Jacuzzi there from beginning to end of of the pool jacuzzi and stuff I believe that's correct sir um my wife and I looked at existing pool models right and the soft slope in and the jacuzzi sort of like prevents somebody from falling so that was the one that gave the biggest buffer like a beach entrance because the just as an observation If instead of you going 26 ft straight back onto the lake you did the pool the other way it would be less of an encroachment beyond the ti line and I'm just seeing that I'm not saying that that can or cannot be done I don't know if that was it I appreciate the observation I was trying to make the narrowest encroachment on the lake that's one way of looking at it so it's so hard to see in these little mess sorry um be with cover ter would you know how many feet you were anticipating moving from the cover Terrace to the beginning of this pool the covered turis if I'm mistake if I'm not mistaken was 12 feet yeah the cover according to this the covered teris is going to be 22 by 12 so I'm I'm assuming it's 12 feet towards the the lake that's because it looks narrow AG agreed so if I think it's the chair Mr Fernandez right when he recommended that if if it was not as deep I would basically have to pull back the covered Terrace the cover Terrace is there now or that something you built it's new it's new um the master bedroom on the other side is what you're on the left side is new and the family room on the right side will be new the kitchen also yes the kitchen in the middle yes the kitchen also is being built family room kitchen and master yeah you completely reconfigured the property obviously I'm sorry you completely reconfigured the property obviously oh I'm no it looks good I'm trying I'm trying to enjoy the lake yeah yeah makes sense so if you get a view from the family room of the lake you get a room from the master bedroom that's good design so in ense what you're asking for is not 14 ft one in for the whole thing it's just for the entire property is just obviously for the 16 ft would the rest of the paving around the pool be admit be not a variance because it's less than 250 25 Square ft and less than 18 in above grade which the full all the way at the edge of the pool I think we calculated it to be 2 feet right just under 2 ft so potentially all decking around it would be uh less than 18 in above existing GR which would comply so that's why it's not an additional variance particularly if he does an infinity edge in which case that portion that would be protruding a little bit more would be eliminated so right I just have a question for the applicant I do see um the letters I'm concerned with the Neighbors on both sides of you um the addresses look like they are the adjoining properties but just confirm that is it they're they're both in favor Mr Mor um Madden is on one side and Miranda is on the opposite side and I tried to put notes on the addresses because the lake has a very long part right there some is leaning pie and some is bamboo right and there were those were the neighbors AC across the lake got it thank you yes they're the property owners on both sides and in front perfect thank you yeah and they are I just checked it yeah on the that's what I have here on the property okay if there's no other questions for the applicant I'll I'll conclude that thank you very much yes thank you so I'm looking to my GC to um to help me move move it so if we're going to Grant the the variance for it can we bring leonio as a consultant to the board I thinking that I think he might already be this is a non voting consultant that's Stu because the amount of yard that's left in the back when I look at it towards the water there's not that much left when you look at where the water is in the property and how much they're coming out right they're coming way out this I have a question for for Susana and I know that each application is is viewed separately and unto itself but we have have we ever given a variance for that amount of feet into the the water line I believe the largest one you've given was 14t or 14 and a half I seem to remember yeah on a pool it was horizontal correct it longer like across right remember that there is no such thing as precedence each case yeah yeah yeah no I'm clear on that own merits yes yes so I I will be open or at least for for discussion sake to see if we can come up with the variance that He Is We allow him to go into a few feet but pull back a little bit yeah I mean you can make the motion so we have a discussion so you want if you want I mean I can make a motion um because what I'm thinking is that maybe they may flip the pool the other way I understand there may be a little bit more but the grade is not too bad in that area like the closer you get because you're saying at the end is 2 feet correct the height of the ex so I mean I I would make a motion to they're asking for 14 ft um I would make a motion to accept the variance with 9 ft encroachment I think that that would give more flexibility and still allow the overall construction maybe flip the pool the other way I think you'll probably be within the 9 ft I'll second it for discussion I that that sounds reasonable and then they can choose whether or not they want to continue that same layout or or or turn it but we just give them the variance of the the amount of feet that we're willing to correct you mean with the flexibility of turning the whole 90 Dees so if they choose if they choose or making it or or making it sure or making it yeah the thing is that I mean honestly I do believe that the the appc and has tried to minimize because it's 18 ft and nowadays you probably most people would probably put a Jacuzzi somewhere someplace in a pool when you're doing a new pool well it's set up for a Jacuzzi between the two lower areas if you look at it in the center in between it's set up to have I guess the typical pool is 15 by 30 yeah this is the pool area even including the jacuzzi is not even 30 ft so they've already tried to minimize lengthwise I'm just you know now if I'm saying don't go 14 go there would be stuck with an even smaller pool so I would at least in my motion I'm thinking give them flexibility to re configure it uh but not going the whole 14 ft as that I don't think that that's compatible with other homes in the area from what I've seen from a bird's eye view not that I measured anything the size of the pool is 18 by8 right I think it says here 16 by 18 on the pool area and then the Uzi was 8 by8 which would be another 8 ft so it would be it's basically 26 ft that's hard to tell it's 16 by 26 overall I should have brought my big map yeah was just yeah well I I did it on the my computer sorry yeah I don't know if you want if he made if he would make it a little wider if he would make it a little wider could make it a little wider 16 by 18 okay thank you sir may like would make it like 18 by 14 use wider a little wider instead of he's get the same kind of size of pool that he wants he's got the two entries on either side of the jacuzzi but it's not such such an encroachment still giving them the same basic size pool I don't want to redesign his no I don't want to redesign his uh his layout nor The Architects at that point but I think 9 ft is going to be tight you know the N9 ft will be I would go I you know I would be more in favor 12 because Bank feet is pretty pretty short form even if he turn I'll accept a friendly Amendment I'm I'm discussing and see how you all feel about it I'm okay with that I'm okay with that yeah so we'll be fine with that I would make an amendment instead of nine to make a 12 you know and then you can actually 12 out you can make it a little wider if you want instead of going so far out into into the lake area yeah that that would be up to him right up to the AR I looking at him when I said that that he could make it a little wider just not go so far out into the lake right but 12 ft would give him quite a bit of would give him quite a would give him a lot of a lot of leeway yeah right you also bring it a little closer to the covered Terrace I'll make a friendly amendment that uh instead of 9 ft we go along 12 feet encroachment into the uh into the lake area passive except the amendment somebody second it robertt will second it and all in favor we need we need to read the uh roll call no well I was I was just I was right I thought we were just going to vote on the amendment well yeah vote on the amendment and then you guys got it got it okay so on the amendment board member Julia yes board member De Sierra yes Vice chairperson senra yes chairperson Fernandez yes the amendment passes so now you back to the main motion I think we V you have to ask I'm I'm ready to to actually yeah oh yeah okay vot call Board member de sier yes board member Julia yes Vice chairperson senra yes chairperson Fernandez yes the motion passes congratulations so just to clarify you get you have approved 12T with flexibility to rear arrange the S plan um to whatever whether he wants to turn it sideways or he wants to just push it closer to the home or whatever his choice got it sure yeah yeah of course of course come on up come on up we are all old here here here would somebody please I know you were discussing I I didn't hear the actual do you want to go instead of going 14 ft out you go 12 feet out but you can make it wider if you want okay that would be excellent thank you I appreciate so you would you would have basically the same size pool but not encroach so much into the lake I I appreciate the design too my wife was like when you were saying that she goes we could do this and so that works for me okay I appreciate the discussion and the feedback so make sure I understood I'm restating something you're approving the variance to 12 feet right and um I can make the pool a little bit wider in order to get um still a decent size for six grandchildren to be in there additional square footage so you get you can get the square footage and the part where where you have the waterfall it doesn't count into the uh into the thank you very much board sorry to make you repeat it but I couldn't he not at all not at all we're happy to do it thank have a good evening you're welcome thank thank you do do we have any administrative items to share or discuss uh yes I would like to say uh and remind you all that we will not be having a main meeting our next meeting will be June am I correct yes June correct no matter what there will be not no May meeting no May meeting yes okay because it's a mess it's just makes a mess out of the calendar okay okay it is 720 p.m. and the meeting is adjourned thank you gentlemen