##VIDEO ID:So_A8NpAvB0## testing one two three testing one two three testing testing for for e the little packets for the public leave up here for now did you no I have 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 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 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 two oh when all of you come oh my God my neighbor oh my God how funny e e e e e e e e e e e e chairman we can start I'm gonna I'm gonna do the roll call First I'm just going to follow the order of the agenda board member De [Music] Sierra present board member juliia present board member Sanchez present Vice chair senra present chair leonio present chairman we have Quorum let's proceed with the Pledge of Allegiance States it stands na indivisible w so following again the order of um the agenda this is section four and it is public comments I have been informed by it that we have no remote public comments via Zoom but I welcome you all to the planning and zoning board meeting and if you're here for public comments you can always approach the podium um you state your name your address for the record and you state the reason why you're here and I will of course swear you win before because these are Quasi judicial matters through the chair um Madame uh clerk we're going out outside the U the U agenda uh the order of business I think the second one is approval of minutes appr minutes through the chair I approve the minutes I second yeah I Mr chair if I also may make a statement briefly um Madam clerk also I just want to make a statement uh with regards to public comments these are public comments that are not related to the items that are going to be hurch justed so if you have a couple of comments you can save them to that is there is there anybody that has a public comments so what I'll do is I'll take testimony of everyone who's going to be participating in public comments regardless of the case it could be 5A it could be 5B raise your hand you can't do that can't do that just very briefly I apologize so public comments is just on anything in general but it's it's not going to be testimony for the for the actual items we'll call the the items independently and then if you want to give testimony to those items you can do so at that time thank you you'd have to close public comments is there anybody for public comments close public comments Mr chair I think you would need to now close public comments okay close public comment and that requires a second I second it and then everyone who's in favor you can say I I I all right U Mr chair if I may continue to item number five may continue to item number five the next item on the agenda so this would be quasa judicial public hearings please be advised that the following items of the board's agenda are Quasi judicial in nature and opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item all testimony including public testimony and evidence will be made under oor affirmation additionally each person who gives testimony may be subject to cross-examination if you do not wish to either be cross-examine or sworn your testimony will be given its due way the general public will not be permitted to cross-examine Witnesses but public May request the the board to ask questions on staff or Witnesses on their behalf persons representing organizations must present evidence of their authority to speak for those organizations any persons representing documents to the board should provide the town clerk with a minimum of 10 copies for their details of the quasa judicial procedure may be obtained by the clerk um and so at this time Madame clerk if you want to swear everybody in who's going to be giving testimony yes and even before we do that because this is a quasi judicial also for the board members if you have your ex party Communications disclosure forms that I emailed um a week ago please have them ready and you can pass them down the days to me and yes as the town attorney was expressing all of you that are here that will be providing testimony will be speaking shortly please ra stand up and raise your right hand I will swear you in do you anyone who's going to speak do you promise to say the truth and only the truth so help you God thank you you may be seated and again for the for the board members if you have your expertic Communications we have to do that before we start I each item 5A if you have it please give it to me if not disclose your disclosure forms on the microphone if you you don't have them I have no disclosure Raul De laier thank you I have not either foret SRA I have no disclosure no disclosure either I have no disclosure Alejandro Sanchez thank you very much they've been noted board the first matter before you is variance application 2024 0489 uh this is Isabel Maria Fernandez folio 32 2015 011 0310 the location of the property is 16520 Northwest 83rd Court uh right now the proper posture would be that we hear from the town first uh the next uh we can hear from the applicant and finally we can hear from the uh public and provide have them provide their testimony you have to press the little button hello there you go okay um Justin tella Planning and Zoning for town of Miami Lakes so we're presenting the variant vh22 24-48 n and the applicant is requesting to retain a 17 by1 gazebo in the northwest corner of the reard rear yard that was built without a permit they are seeking a variance from section 13-1502 Article 2 to allow an after the fact gazebo with a 2 fo6 in setback from the property line where 5et are required and the second variance is a variance from section 13-1502 article 3 to allow an after Thea gazebo with a 3 foot6 inch setback from the residents where 10 ft are required staff recommends denial of The Proposal as shown in the attached plans received on November 15th based off the fact that the proposal only meets two of the seven criteria hear from the applicant unless the U board wants to ask any questions of the town at this time no right now no no hello okay ER my name is Eric Gutierrez I'm actually Isabel's um husband and and ER I would like to talk in behalf of my wife um my daughter um basically they are the applicants ER I would like to uh basically ER State something before I read something that I wrote last night I couldn't sleep because of the pressure we do some other stuff we work with medicine and we had a bunch of patients to take care of and busy schedule but ER I guess nervousness I um wrote a few pages couple of them actually and uh I would like to set for the record that I measure myself the perola to one on the sides that is supposed to be 5 ft and it's 2.6 by survey a survey that we paid I wasn't home because we were with emergency in Europe a family member got very ill and they wrote down 2.6 ft it's actually four and four and change to the fence the other side is actually 7 ft where it's supposed to be 10 no 3.6 so the survey is wrong so I want to set that straight for the record anyways ER I'll read back basically what I wrote overnight is first thank you uh members Susanna for your guidance and help Justin as well ER we start here as proud residents and citizens of Miami Lakes Community um is basically quiet peaceful beautiful Community where we fell in love when we first set foot in the United States that was 2002 we bought our property in 2012 and so far we've done as much as we can toip the archetype the style of the property and well set the perola it was done with the proper materials we hire a architect and also an engineer who draw sketches elevation calculations and all the numbers that need to be done for um proper setting of The perola the perola is very deep and also anchored down to the floor and because of the setting of the property and the perimetral fence is kind of shifted to one side is more narrow on one of the corridors as it goes to the perola it be uh wider and I could not move the peraga closer to the pool because there's a 16 pool there and neither closer away from the rear fence which is 7 ft measure and I had witness for that I had one of my friends and neighbor that measure with me and we can provide pictures and videos if you like but he's here behind us that he saw that we had seven and uh four feet so I could not move that perola one position because it would be too near the pool or too close to the house to open that Gap from 7 to 10 ft we cannot um I have send a all the documentation to the property departments via email and actually I had conceal a documents directly to the front desk had detal copies and also paper copies in case that you guys want to review that and then for sure um in the future willing to basically bring more documents to support that so I hope you guys understand the situation and humbly ask you please to consider approval for the perola ER we got that space and that's actually the final point that I want to just call the human side of you know you guys as board members is that the peral was buil sort of postco because my wife worked in a facility where she saw a lot of death it was a rehab seminer and she couldn't stand to be indoors confined because it was long hours shift at the hospital and then I built without knowledge that I needed permission to um get her to enjoy outside the warmth of the weather and for sure provide shade on their summer so I appreciate you guys consideration thank you so much uh through the chair through the chair I have several questions sure number one is you said that you had a a different survey do you have copies of that surveyed because we're going by what's here now no I know I know the survey sorry finish let me finish sure we're going by what is here now so and that's how we have to go so if you have different documentation other than what is here then I would suggest that you postpone it and bring the correct document mentation because it would be wrong for us to make a decision on this if the dimensions aren't correct and uh I'm doing this in your favor you know we're here sure help we understand I I just had the whole block involved because they're supporting the idea of keeping the per because they don't mind if if I may the issue is tonight right the board is going to take into consideration your testimony it's going to take into consideration the recommendation of the city the town in doing so they may not approve your uh request but may make recommendation based on the information that they have in front of them so they start making recommendations of uh cut here or do this or push right and it's based on wrong information it could detrimentally affect you so I think it's we don't need to give you a a continuance we could just say let's hear it right now but I think it's it's to your benefit no no for sure I understand so yeah see I agree I can make again through the chair I can make a motion to set this aside till the next meeting for you to bring the right documentation if you had an architect an engineer that were involved in this y they should have measured and made sure that you were within the limits to do the work and they should have told you that you needed a general contractor and pulling permits to do this work we do in all those cases so you need to bring all that documentation in so it's in your favor otherwise we're going to make a decision that may be detrimental to what you want done or you you would like to have done okay I I I have a couple of comments I I read here that this is an after the fact um yes sir application so you you you build the Gazebo or the perola without a permit yes sir okay and now you're you're saying that because the documents here show that the encroachment is uh 2 and a half ft and you're saying that the Ser that it's a discrepancy yes sir so I agree with with Mr Sierra that you should postpone it introduce the new survey which you say that is 5 ft or 4 and A2 ft it's four and change and then seven so that's substantial it would be in your benefit standing I agree with Mr Sierra yes okay so if you don't mind we would like to postpone I'll make a motion to postpone this I'll second it um roll call Board member De Las Sierra yes board member Sanchez yes board member Julia yes Vice chair SRA yes chairman leonio yes the motion passes thank you so very much thank you so much you're welcome we'll see you next time Mr chairman since all if since Mr chair since this is going to be continued right to the next month something that you may wish to consider is to have the testimony read into the record that way these folks don't need to come next month and you can take this same consideration yeah we'll be fine if you're okay with that you want me to make a motion to that yes I'd like to make a motion that we take the testimony of the people that are here in favor of uh let me go back to the cakes changed it already in case in favor case v h224 d489 that we accept here and reopen public hearings and reopen public hearings to accept their testimony Alex you second that I second that you second all in favor Voice vote all in favor I I I so you can ask so okay so if if if you have any any uh any people speaking uh on your behalf whether is in favor or not in favor um please come forward and uh and state your case state your name pleas please and the address get closer to the to the to the microphone please there you go so my first name is Mal I will spell for the record it's spelled m a l g o r z a t a last name is much easier con KO N I live at 8281 Northwest 165th Terrace um very approximate neighbor of Mr guz I've been living in town since August of 2005 first and foremost I would like to thank Mr Sierra for recognizing um the difference in measurements encroachment for Plus versus two and half is a substantial difference the same with the other measurments which relate to this property uh the one of the reasons why this was also denied there was a statement that this would affect the neighbors all of us are here we live there for a very long time some of them from the Inception of this neighborhood we all are in agreement to Grant this exception it's not exception that probably would meet all of the requirements but uh in paragraph uh uh D that Tom denied stating that this would cause substantial detriment to adjoining properties with this minimal difference there is not going to be any issues the only person that would have concern would be a neighbor that is north to Mr Gutierrez who signed his petition and has no issue two most of the gazebos are built many years ago they are built of concrete with bathrooms fullblown kitchens cover roof with concrete tow his gazebo is mostly a decorative it's a piece that is anchored square there's a minimal uh wall it's not even a wall you can call it decorative piece as you put just so it looks nice but it's not per wall it's not a concrete wall it's not a wooden wall that is like a permanent structure it's a very nicely designed as he mentioned is with architect it's not even typical gazebo yes there is the outdoor kitchen but this is minimal space if you drive to the neighborhood you won't even notice I also noticed as his neighbor which I think would pose a hard for him to comply is that the pool was built by previous owners before they purchased the property the way the pool uh is designed leaves him very little space in order to comply the entire structure of the pool would have to be shifted towards Southside on the South Side there was already permanently built which is uh attached to the pool is a Jacuzzi so he's unable to build this on the other side of the pool and that is a tremendous detriment to him because that would require enormous undertaking removal of the pool removal of the jacuzzi so he's like we say in the sandbox so uh I would like to say that we as neighbors we don't not complain it's not visible to us and he should be able to enjoy the town as everyone of us does thank you thank you anybody else that wants to come just come up hello hello hey my name is orando RO I'm resident from Miami L town uh and here I'm sorry for Mi to give your address second language your address say your address the address oh 16523 Northwest 83 price Miami he's my bad jar neighborhood uh uh when he come to say me they have some problem when he build the Caso on the on the his backyard uh I really even I don't know he put in the leg because or age is very high you know uh I I don't know what they do on his but I I don't have any complaint with that one I'm here to support him because I think in a really happy neighborhood we are more happy you know this is what I have to say I support whatever they have to do for I will do go in five year we never have any problem you got a really good neighborhood I'm happy with him see whatever to say no it has to be in English okay Miami Lake for okay are there any further uh comments testimony rather okay you enclose public testimony okay we're going to close the public comment one more oh one more okay we going to reopen F comment excuse it would be imper the applicant does it or find for anybody else whatever you El want to do I mean if you want to say it in Spanish we can't just take it as testimony though I mean if somebody else wants to translate for her my name is Elie Marquez before you begin can you swear her in that she'll swear please raise your right hand do you swear to say the truth and only the truth so help you God you're going to be translating from Spanish to English and and do you also yes I swear okay what is your name my name anah havia okay anav do you also swear that you'll translate from English to Spanish and Spanish to English the best of your ability yes thank you my name is Elie Marquez I am the immediate neighbor and my address is 16530 Northwest 83rd Court I came here to support my neighbor because I don't think that there's any problem with the construction out of the [Music] normal when he came to the me about the situation I told him that I didn't see any problem with the pergalo or any sort of construction that was going on in the backyard or that happened in the backyard and that he can count on me um to come here that's it thank you thank so all you would need to close U the public here I'll make a motion oh close the public close the uh uh public comment and defer the item until the next meeting and I make a motion to uh close the hearing or close the hearing and defer to the and close the hearing uh defer to the next I'll second it two I think you do a Voice vote yeah just say all in favor I'm in favor I Mr chair and board uh the next matter before you is uh variance number 2024 0490 Rodney Hernandez Fiero Rodney Hernandez Fierro please approach and board we will first hear from the from the town and then from the applicant hello Justin Teraria Planning and Zoning town of Miami Lakes we are presenting VR VA sorry VH 202 4- 0490 Rodney Hernandez Fiero um 8823 Northwest 142nd Lane Miami Lakes Florida 33018 this is a r1z zoning District the applicant is proposing to build a 28 ft x 10t 9 in swimming pool on the rear yard of his single family home property the existing rear setback of the main residence is 15.9 Ft for the town LDC the rear setback is 5T but the applicant is proposing the pull 3T from the rear property line so he is proposing a variance from section 13-1 1512 Article 1 to allow a pool with a 3-foot setback from the rear property line where 5T are required staff recommends approval for the proposal as shown in the attached plans consisting of one page um of as it meets the variance criteria at section 13-35 with the following conditions one approval shall be substantially consistent with the plans attached as an exhibit B as amended to reflect a minimum minimum 3 ft setback and two additional Landscaping as approved by the Planning and Zoning staff shall be provided as needed that is all the we will now take any questions from the from the board if there are any through through the chair I have a question question the survey also shows a Terrace so is that coming do you know if that's being demolished or um I mean I can ask the applicant yeah this was just concerning the pool um from the rear property line the applicant come now okay my name is Ronnie Hernandez I have the neighor for 8823 Northwest 42 Lane for Miami Lake I have the two letter from my neighbor is approved and you need a copy and uh just to advise the board that this would satisfy condition one which is the only one that did not meet on the staff Report with regards to what he asked a second ago go with the Terrace that you have that's right now in your backyard is it going to be staying in place or is it going to be removed for the installation of the pool remove complete the the roof the Terrace yeah the ter they remove complete that roof anything application for the permit for the pool is the remove the roof okay so it's all it's part of the permit to remove that the demo of the corre REM the the the REM right and there's going to be no roof over the pool no and behind your home is is there's no other neighbor there's a road right yeah behind uh he doesn't have really a neighbor behind what he has is a sidewalk and a road in the in the back no is the the street the the neighbor is the in the right on the left the more 10 okay the only the street the street in the back is 143rd Street right drives into Barber Goan so you have the sidewalk and the sale actually okay okay through the chair are you finished with your no I mean but you you said everything that you wanted to say l so for the moment I I just want to say that I'm sorry we need to trans swear you in that you'll translate yes all right all right will you translate from English to Spanish Spanish English to the best of your ability I will and what is your name and address Danielle har no your name for the record my name is Daniel har spell it okay d a no no no Danielle Hart yes and what is your address I'm in Miami Beach okay 2655 Collins Avenue Miami Beach Florida 33140 thank you okay so we are not disturbing any of the neighbors since the neighbors are to the right and to the left we're just uh requiring more space towards the street so that we can make the swimming pool and we need three more feet so we are uh removing the roof that's currently there and we otherwise respecting all of the codes of the Miami Lakes so if you want a copy of the design I have copies as well as the survey through the chair are you aware that if in the future you decide to do a project where you're going to set up a gazebo or some type of roofing you are going to need to pull a separate permit for that yeah fine there's no other question anybody else has comments on on on this okay just we're gonna close the comments now thank you through through the chair this area is a special condition area where they have had very little space in the back there are areas there that they have swimming pools and you can see it in the photograph on page 39 you can see at the bottom of the page where there's some area some of those houses that are swimming pools I looked at it on Google Earth and looked at the whole area so it's kind of a special condition uh I think the the town allowed this prior to so we have granted a couple of variances in this area uh these yards are extremely narrow and obviously this is sort of a a denser um single family condition because they are R r1c so their yards are sometimes as narrow as 15 feet um we have again is not this positive you you do not have to Grant the variant just because it was granted in the past and that I always have to make very clear but uh we have granted a couple of variances in this area and a couple of other places were able to meet the five foot seac that they require uh because they don't require as large as as setback as in other areas in the i1c yeah what I see is that they have three feet to the house and three feet to the to the fence really really tight some of them are very very tight yeah very TI i' like to make a motion I'd like to make a motion that we approve this second the motion the staff recommendation I second the motion I'd like to maybe make a a friendly changes and say that if they can make the pool 9 fo to give a little more room in there for Access because 3 feet is very little to walk around isn't a 9.8 yeah he's asking 98 in and he's going to have three feet toward the side of the house and three feet on the other side that's really narrow was it 9.3 9.5 yeah so if he did to pull 9 ft at that end you know give up 8 in in the a little safer condition for going around uh it would be a friendly Amendment but you don't have to accept it I do I second on the motion second yeah so just for clarification um reduce the width of the pool to 9 ft reduce the the width of the PO yeah to 9 ft so he has 38 along the walkway there along the wall along the wall or from the house around the house by the house from the house yeah from the house because that's going to be the more critical area so we have to amend my motion but but wait a second the pool itself is not 9 ft all the way through 98 no at the other end is 10 yes yeah but Mr s Mr deer if I may uh the variance that they're seeking is the distance not from the pool to the house which does not require a variance they could put the pool in the middle of the living room for all the code cares uh the varing that they're seeking is from from the back in the from the property line to the pool on the rear right um we're not necessarily concerned with how close it is to the home that is something that the building department will worry about whether or not he's going to touch the foundation right that's and I know that's what you're worried about but found yeah right the report is the problem that I see right but the building department and the structural engineer there will make that consideration at that time all right then we'll let that go then okay we go back go back to motion to approve motion to approve with uh staff Town staff recommendations okay so take a vote Yes board member Sanchez yes board member DEA Sierra yes board member Julia yes Vice chair senra yes chairman Leon yes the motion passes the next U matter for for your consideration uh board is um variance 202 24517 Rolando Chino yes we'll hear from the town first and then we'll be able to hear from you Mr chiefo Justin teria Planning and Zoning town of Miami Lakes so this is v a r 2024 0517 um the applicant is Orlando cherino and the applicant is proposing a 24x 12T gazebo on the west side of the rear yard of his single family property he's asking for a variance from section 13-1502 to allow a gazebo to have a 10' 6 in setback from the side facing the street where 15 ft are required and the second variance is a variance from section 13-1502 article 3 to allow a gazebo with a 6'6 in setback from the residence where 10 ft are required the staff recommends approval of the application because they meet five of the seven criteria I have a question the staff so here the the code is different uh in terms of the S setback because he's on a corner right yeah correct it's not that variance would not if it would be an interior lot it would be not he wouldn't need the variance correct we can hear now from the applicant my name is aloes I live in Miami Dean 27 to the microphone okay 127 45 Southwest 72 Terra Miami Florida 99 AA 183 C they owner this property without problems personal problems and we are in in the moment and he not pressing so the owner of the property is not here not here we are okay would you like to postpone the hearing until he's back in town or no no good but not coming back no so what do you need a permit for what I don't understand can someone would you prefer that somebody translates for you yes okay can somebody translate for him Justin Justin I mean it shouldn't be you're it Justin but he's a member of our staff yeah um nobody else let's let's go ahead and just ask him the question questions in Spanish and then we can go back to the record so we're going to go off the record for for the moment and just ask him the questions in Spanish don't know you're the contractor am I correct he need say that he would need a power of attorney he would need a power of attorne in order to speak on his behalf yes correct so he has to be postponed okay sorry my English say okay all right thank I make a motion to uh postpone yeah go ahead makes it made second yeah all in favor I I I I thank you you're welcome C C thank the most this hearing has been terrible we can we can have a motion to adjourn no okay director's report director's report report director so happy New Year to everybody uh we're starting the new year um as you've noticed we're going to be meeting the second Tuesday of the month as opposed to the first Tuesday of the month we've switched around a little bit if anybody has a problem please let us know so we can adjust the calendar accordingly um I want to introduce formally uh my new right hand uh the new transportation coordinator and planner Justin tadia that has already been presenting uh cases to y'all um again you can consider him my right hand um whatever you need from me you can always ask him as well um because it's either him or me so I'd like to uh through the sure I like to recognize whoever came up with this new binders I think in all the years that we've been doing this we've never had this uh professional and and now that you bring that up Mr senra I would also like to introduce uh um our new um Deputy town clerk assistant Deputy town clerk Deputy town clerk I was throwing a blank for a second he does a lot of things so he's wearing a lot of hats and he's also the assistant to the council uh Alex Martinez he's sitting here behind and and he will be helping uh um he will be uh sharing the T the table in the next hearing as well wonderful so whenever he can't make it so okay yes if you take them they're 10 bucks if you want it you can take it they're 10 bucks I'll make them I make a motion to adjourn the meeting that was already I second we did it already all in favor I