to the north Miami Board of adjustment meeting today is what is today thank you and it's my nephew's birthday May 15th uh if we can all well it's been a while uh I'd like to call the meeting to order it's 6:39 and with that said uh we'll all rise for the Pledge of Allegiance and the flag is there clo blocking the stairs too Chief each would you like to lead us to the flag of the United States of America and to the Republic for which it stands one nation andice for all thank you everybody's cool in here right cuz it's hot outside uh we'll have a roll call chairwoman rosn Phillip here Vice chair Michael mcdermaid here board member Jeff mesier board member BL Pier Lewis Here board member Evan Shields board member Marlene monam board member Kenneth E and board me board member lumana Joseph right thank you uh if we I our attorney will go ahead and make the announcement explain the announcement uh to our audience as to what will take place tonight okay this is a summary of Quasi judicial procedures applicable to the board meeting tonight these rules apply to application on applications on specific Parcels of land like the variances on the agenda tonight the board will select a court hence the term quasi judicial reviewing the facts presented at the hearing applying the adopted rules as explained by staff in the staff report and verbally board members can make site visits but must disclose the evidence upon which they intend to rely from that visit board members will disclose at the beginning of the hearing whether they've had Communications with individuals on behalf of the applicant or other persons including who the communication was with and what the topic of discussion was all persons intending to speak to the board will be sworn by the clerk the staff will then make a presentation and the board may ask questions of Staff the applicant will make a presentation including expert Witnesses if any and the board may ask questions when the public hearing is open the public can make comments on the application limited to 2 minutes each citizen testimony must be fact-based not opinion the board may ask questions and the applicant's attorney if any may ask questions on cross-examination members of the public can decline to be cross-examined the staff may present additional testimony to supplement or rebut arguments made the board deliberates based upon upon the evidence presented the board's decision must be based on competent substantial evidence meaning based on the record staff presentations expert presentations and fact-based comments by citizens according to the standards for approval set forth in the city code the board May approve deny or continue an item while Steph previously read into the record emailed or mailed comments or letters since these are not competent substantial evidence for example not sworn testimony subject to cross-examination the board's decision cannot be based on what is contained in the comments or letters but they can be used to identify issues and help identify sources of information that do contain written that do contain competent substantial evidence upon which a decision can be based written comments or letters submitted before the meeting are part of the record and available for review by the commissioner board we ask each of you to treat this proceeding with a respect and proper decorum no calling out is interrupting speakers or disrupting the proceeding please give this proceeding the same dignity and respect as if you in court disruptions are prohibited and enforceable pursu to the city code please also silence your cell phones thank you thank you and let the records reflect that Mr Shields has joined us okay and with that being said uh anyone who is here to speak on an item tonight uh we you would need to take the oath so which will be ministered by our staff here so stand and raise your hand if you want to speak on any item that includes our staff even if you don't say anything just go ahead and take the oath because you might want to jump in go ahead do you swear or affirm that the testimony and evidence you are about to give will be the truth the whole truth and nothing but the truth thank you you may sit down all right uh may we have approval of the minutes from March 20th moved by the chief and I'm sorry that's what I call him uh and seconded by Mr mdate all in favor I I any opposed okay uh do we have communications no ma'am okay and when we bring up the items any communication that board members may have had with uh applicants at that time we will take it up uh continued petitions we have none so new petitions so let's start with the first item which is v- 04 d24 a variance to reduce real setback requirements at 1 12735 North Miami Avenue good evening Madame chair and honorable board members my name is muzi Watson I'm the zoning manager here at the city of North Miami it's a pleasure to be with you and the public as well um tonight for your consideration you have two items the first is V4 uh v- 424 which is a variance to reduce the rear set back requirement um at 12735 North Miami AV and the second for your consideration is v24 a variance to allow a 6t high fence and three 6t High Gates within 10 ft of the edge of driveway at the front of the property line where the height of fences walls and hedges shall not exceed 2 and 1/2 ft within 10 ft of the public right away and the location of this um request is 2430 Northeast 135th Street why don't we do board disclosures before we forget okay no problem okay so we're going to do the first item v-4 d24 are there any board disclosures related to that item any board no okay and just to uh so we don't forget and b-5 d24 any board disclosures related to that item uh one question which item uh I think it was B- 524 that we filed that's right okay good deal do I need to disclose that here or uh will you're going to sit for the first item yep you have a conflict on the second item we before we get into the discussion on the second item that's when you would announce your conflict and then step down okay and go for okay continue okay thank you Gary so the first item is v04 d24 it's a request to deviate 19 ft from the require 25 ft requirement for a rear set back as I stated the property is located at 12735 North Miami Avenue um again the request is to reduce the rear setback per our code the rear setback is 25 um this property was constructed without a building there was two additions that were constructed one in the side and one in the rear the one on the side is not for your consideration but the one in the rear is encroaching in the in the rear setback and they only have a setback of 6 feet instead of the 25 so in order to potentially legalize this um property and this development they're asking your consideration of this variance the property is located on the corner of North Miami ab and Northeast 127 Street the size of the parcel is 78 um 7,802 ft and it is located in the R2 District zoning District hopefully you can see it but this this red box is to indicate where the rare Edition is and the you you can't probably see it but there's a setback of six feet that's demonstrated in this illustration or in the set in the site plan so per article 3 division 6 section 3- 606 um any applicant that has a variance must meet at least four of the six variance criteria and and um in order to Garner staff's report you also staff support you also need to have met or demonstrated that you meet four of the of the criteria when staff did their analysis we found that the applicant only complied with two of the six criteria and for the benefit of the record I will read the staff's report and um staff's responses to how these meet the criteria so the first consideration is special conditions and circumstances exist which are particular to the land structure or building involved and which are not applicable to any other land structures or building in the same zoning district and staff said no there are no special circumstances or conditions uh the second is is there that we consider is is there an usual circumstance or condition necessitating the variance requests that are present the neighborhood and are not unique to their property and this again was a no that there are no unusual circumstances and the conditions or conditions that would necessitate the addition in this neighborhood the third consideration that we look at is the request of the variance maintains the basic intent and purpose of the subject regulations particularly as it affects the stability and apparance of the city and this is another no we said that the ldrs encourages the creation of addition um that adheres to or complements the principal structure and it has to also if you're going to install an uh an addition it needs to meet all of the setback requirements height requirements Etc and and this variance request seeks to legitimize the addition that's non-conforming in the rare setback and it wouldn't um the addition as it is right now does not negatively impact the um the appearance of the neighborhood the fourth consideration that we have is the literal interpretation of these provision the provisions of the ldr would deprive the applicant of Rights commonly enjoyed by other property in the same zoning District under the under the terms of these ldrs that was another no that the applicant has not been deprived of Rights commonly enjoyed by other property owners in the same zoning District the fifth consideration is that the requested variance is a minimum variance that would allow for the reasonable use of land structure or building and to this we said yes that the applicant has requested a variance that would enable them to keep the addition as is if the variance is not granted the property owner would need to at least demolish all portions of the structure to comply with the minimum setback requirements set by the ldrs and therefore it's reasonable to legalize the structure and make it usable and the last of the criteria that we consider is that the granting of the variants will be in harmony with the general intent and purpose of these ldrs and as such and such variants would not be injurious to the area involved and to pH staff says yes the requested variants will legalize the existing non-conforming addition if it's approved um hold on sorry sorry let me take it says the requested variant will legalize the existing non-conforming addition constructed without a building permit the request is a deviation of 19 ft um from the rear setback requirement and the view of the addition is mitigated by a derence that exists between the subject property and the adjacent property furthermore the approval of this variance request will allow for the property to be reviewed by the building department and assess additional structural and they will be able to assess the addition the addition structural soundness as well as remedy any potential safety issues through the legalization process so um because this variance does not meet the four of at least four of the six criteria staff cannot recommend it for approval but we are recommending no recommendation for this item um if it is if the board desires to approve it the request um in the report there were three conditions but I what we realized later that condition two and three are not appropriate so we only ask that you add the first condition which would be to apply for that the applic would apply for an after effect fact building permit within 30 days of the approval so that would conclude my portion of the presentation if you have any questions happy to ask answer thank you you want to hold it for and let the public we'll go ahead and open public hearing if there's anyone here oh I'm sorry I'm ahead of my time and it's your fault L man you want to get out of here early uh I'll ask if the applicant is here here to go ahead and make your statement before I open uh public hearing state your name and address please hello hello uh board and Madam chairman and board thank you for your time my name is Miguel Rodriguez and I am a retired fireman for the city for 27 years years and I served the city of North Miami very proudly and I made a mistake with my home and I'm here to ask for your compassion and understanding in my mistake I take responsibility for what happened and I want to explain to you my situation and just for the record can you read your address State your address since it's been recorded my home is 12735 North Miami Avenue in the city of North Miami anything else you'd like to add that's it well me and my wife we have a big family and we're very family oriented we own this home and we were trying to find a way where we can accommodate our family we have a big family and the prices now are astronomical so buying a new house that can accommodate our bigger family was financially not possible for me and my wife so what we did was we contracted a construction uh company to add a room in the back of the structure and to our you know surprise we were under the assumption that the gentleman pulled these permits and we paid them our savings it costs around $60,000 that we paid and we thought the gentleman did the right thing well lo and behold after several um weeks and about a month we get a letter from the city of North Miami saying that this structure was not permitted uh correctly and at that time I hired um a company that specializes in this because I have never experienced nothing in my life like this um I'm a lord biing Citizen and the minute that I found out that something was not right I reached out to um construction elements and they have been helped me navigate through this process because I've never experienced this before four so I know that we messed up we made a mistake and I'm just here to ask for your understanding and mercy and thank you for your time okay thank you all right I'm going to open up public hearing and you you may have a seat for now so if there's anyone who would like to speak for or against the item now is your time okay public hearing close board discussion now is your turn um yes um question to microphone if I heard correctly staff is recommending no recommendation yes sir what is the effect of that that means you have to make your own decision as to whether no no no yes what I mean is that is what it means yeah it means staff is not taking a position and remarkably they could recommend denial but they did not um and since I'm talking I'd like to say like two one or two things sure first the letter of intent um lays out some additional facts like the gentleman put his entire life savings into this Edition which is um certainly a commitment to the Improvement of his of his home which should be recognized somewhat and second just the nature of the quas judicial proceeding that you have so I when I make my comments I comment that you're sitting like a court but there are two kinds of Courts there are courts of Law and courts of equity and sometimes a court of equity makes a decision even though the the strict interpretation of a law May justify a different result and it may be that this is one of those circumstances where you actually try and help somebody out even though it may be not something that's strictly according to the books okay glad I ask a question okay any other discussion I just have a question for um yes for Miss Watson um the after the fact permit fees is just chewing up what would have been paid had he you know paid them from the beginning or what does that actually accomplish the price the the permit fees are higher but the thing is is that it would allow for this non-conforming structure to be conforming I mean well you know approved exactly it's a double fee am I correct on that you pay a double fee on was that was my next question like what's what's the actual outlay of those fees um I unfortunately I don't know that but I will get you the answer and I'll forward it to you but I think I know it's it's just more it's more than the typical fee I don't know if it's double double fee what's the what's the typical fee I me I I don't not like that but but I know the fee is $79 for the building permit itself but I don't know that there's many different permit types you know and I I'm sorry I don't work in the building department I don't those permits I I can answer since I I did do the fee schedule for the building department um Mr E is correct it's usually subject to a double permit fee plus penalties if um the building official so chooses so Madam chair so yes one question I think would be interesting to ask is of the um the consultant that is here who will be helping the owner with the permit how difficult it would be to legalize the structure because sometimes structures without permits are built so contrary to code that they're very difficult to bring to code so I would be interested in hearing whether she has evaluated that how conforming the structure itself is to code requirements whether she's done an analysis of that address for the record my name is Tammy McNair my company is construction elements um my address is 19 19 51 Northwest South River Drive Miami Florida I have quite a bit of experience with dealing with onsa structures code enforcement violations etc etc I've evaluated the structure I find it to be sound however we will have to employ Engineers Structural Engineers to support some of the inspections moving forward um pulling the after effect permit that's an easy one for for me um we do it all the time City of Miami is worse than any other city in Dave County and if I can do it there certainly I can do it here okay I have a question uh for Miss McNair does the applicant do do they have I mean the PO that building well not building that portion that was constructed even though the company didn't pull the permit but do they at least have uh plan that that was drawn up so that you know what yes we do okay we have that copy of that plan here so we've already beg to work on straightening this out think Miss Joseph I just want to know what would happen to the structure if we don't if we vote no they'd have to demolish it really after spending all this money yeah and I I know in the past two years I think we had one case that was similar of I think of a Cita an Adu that was built in the back um which is a very similar reason for hey you know housing is expensive Let's do an addition but that's in our code and I think similarly they hadn't actually taken permits and I I think we had had allowed that particular construction to continue and I think there might have been an additional case that had an addition but um my understanding unless staff is can correct me on it is that they'd have to demolish it it would they could either I mean they could adjust it as well they can they don't have to demolish the whole thing they can you know try to meet the setback and you know demolish portions of it so that's also option okay uh right we just recently but think last two years we passed a actually I think on behalf of councilman Galvin he put it out there we were looking for additional because of the housing shortage we were having aary buildings in different areas I look at this gentleman here the construction company didn't pull the permit he's a lifelong residence good faith he builds a property wants to keep his family here that's what the city is all about family hardworking man retired invested 60,000 bucks into that I see very little difference between his extension and an ayin building that we would put out there like a mother-in-law's apartment or what have you it's you know I when I see something like this and thank God I don't have the benefit of a law degree but didn't I think William Jennings briyan and I I quoted him before he said when the law and common sense Collide let's always hope that Common Sense prevails you counselor I I I think hit it right on the head he said there is a humanistic value to this here's a man with a family who wants to keep his family here in the city let's just reverse this and go back in time let's say that you came to the board of adjustment prior to Bill in this and you presented the plans here would we have not looked at it in a different View and said yeah you know what go ahead and build this you know it it it makes a lot of sense just to say hey 60,000 bucks that's a heavy hit to knock that building down and and especially when it's your life savings and uh I don't see anybody from your neighborhood complaining about it in fact I'm sure if your neighbors were here they would probably Port you so I I I kind of lean to the humanistic side of this and the lore is not always black and white it there's a great deal of gray and uh and I think we have to put the human value to that so that's what I have to say uh just one question uh this is just an additional room where there bathrooms added do it no that might be best for the applicant if you don't mind coming to the mic yes in the problem area where the setback is yes it was a room okay yes in the setback area where there's the problem yes okay all right thank you one last question for this city one more question this is for the city knowing what this gentleman is facing and we know we have a shortage and price are increasing I'm sure a lot of people are building extension to their homes without permits so what are we doing to educate them about parenting not for you well I mean every time that um an applicant comes we try to tell them like you know people come all the time and say hey I'm trying to build this I'm trying to build that so we in our office we try to do a thorough job of going through the codes what's a setback what what are certain things like you know they might want to do an like for instance adus we get a lot of questions about that um you know it makes a lot of sense we have a housing shortage you know it makes a lot of sense but per our code you can if your lot is smaller than 1,200 and 12,500 ft you can't build it there so um you know just when we're interacting with staff we try to I mean sorry with the public we try to tell them what they can or cannot do and we thoroughly go through the code with them so I mean and then we also go to town halls and other community meetings with you know the the mayor and councel to try to you know do Outreach and what what not then well the applicant is only a few blocks I think that area is the breeze s which is where I live so I know the how the footprint of those properties are and uh yes you there are possibilities to build and that's why we are on the board to give special permission and look at certain things and building in the back and I know most of those properties there is like a six foot buffer between you know the properties in front and in back so uh that's something to consider as well I I have one final question for the applicant or their um uh consultant what would be the if you did have to spend the construction cost to maybe bring this back to the setback which might require demolishing some parts and rebuilding some parts do you know high level what the cost of that may be okay for the public mind U speaking the microphone thank you so the are many elements to bring it in into compliance we have to employ Engineers who will then give us the okay with how it was constructed in the first place if there's a portion of the building to come down because it's not in compliance it's not built the code we have to address that at that time it's unknown to us what it's going to actually cost him to tear down any portion of the building okay but you are I if if we were to move forward with this you would be helping assisting him in bringing this up to code and absolutely okay and then of course the applicant would pay any permitting fees and overages that are needed yes okay all right thank you Mr MC you would like to say something yeah Madam chair um I'd like to move approval of this item okay it's been moved by Mr mate do I have a second second seconded by Chief each okay any other discussion roll call I have a motion made by Mi um by Mr Michael mcder to approve the item seconded by Mr Kenneth each chair chairwoman rosin and Philip how do you vote Yes Vice chair Michael mcder how do you vote Yes board member Black Pier Lewis how do you vote Yes board EV Shields how do you vote Yes board member um Kenneth each how do you vote Yes and board member buana Joseph how you vote Yes the item moves [Applause] unanimously and let's hope you don't have to spend a lot to get this and I hope that you're pursuing the fact that there is liability upon this Builder um who obviously did you wrong on many in many ways because he has to Bear some liability in all this I would think personal opinion no no for the record I'm not attorney either but I also agree with Mr McD's opinion agree 100% what was the stipulation we were supposed to put in a staff condition a staff Condition it's a it be automatically attached yeah yeah all right so you've been approved and we hope that things will not be you know like the worst will come out that you'll be able to move on with this and I know that the city will have to go back and do inspection so not worry all right thank you good luck to you and your family thank you m good luck before the next case just to go back to what Miss Joseph asked that question and I know it's not Miss Watson but we might bring it up to the pipeline in terms of educating how do we tell the public because it's not just these additions it is things such as those big gazebos things that companies are coming up and putting up and they don't think they need to have a permit and when the next hurricane come I don't want those people's stuff in my yard you know because I see it happening so all right you get a free Gazo no I don't want it I have a porch a screen porch and I think Madam shair these meetings if you know if people are watching us also an education as well because there's so many different things that come up what we'll see we will see all right next case which is the v5- 24 variants to allow a 6ot high fence and three 6t High Gates within 10 ft of the edge of the driveway uh at the front of the property line and that's at 2430 Northeast 135 Street and this is the I think okay yes make your disclosure at this well also Mr Shields has a conflict so okay so he won't be participating in this discussion and the conflict is that he lives in close proximity to the subject property okay directly across the street all right so thank you you you should leave and okay and there's a form I think you filled that already yes yes so any other communication with st I mean with board members no okay uh go ahead Miss Watson thank you very much so as previously stated this um variance request is to allow a six foot high fence and three gates along the property line in an R six District currently as the code reads that um if a gate or a fence or a hedge is um within 10 ft of a public RightWay meaning a driveway or sidewalk or anything like that it has to be set back um at least 10 ft or if it's not then it has to be the height has to be at least 2 and a half or no more than 2 and 1/2 ft tall so this request is asking to vary that that instead of them having a 2 and 1/2t fence that they have six foot fence and Gates there so this property is located um in the R6 District the parcel is 9,825 square ft and it has a lot of um multif Family Properties AB budding the development the condo development I just wanted to demonstrate to you through some photos that the request of the applicant is not an anomaly that this particular picture is the property to the east of the condo this is a picture of the condo development to the west of it and this is a condo I'm sorry this is another multif family development that's across the street from the sub property and all they're asking is to put where the um blue boxes you know a sliding gate a fence a pedestrian gate and another sliding gate so again in order for an applicant to um you know Garner support of Staff you have to meet at least four of the variance criteria staff felt that the applicant met five of the six criteria and for the benefit of the record I will again read the criteria as well as that analysis so the first consideration is that the special that the special conditions and circumstances exists which are pecul peculiar to the land structure or building involved and which do not apply to other land structures or buildings in the same zoning district and we said no there's no special conditions or circumstances that exists that are procuror to the site the second consideration is that there are unusual circumstances and conditions necessitate the variance request present in the neighborhood and not unique to the property and thanks to Mr held and some of the other items that we've dealt I understand completely what this means this particular um criteria we found that there are other multif Family Properties adjacent to this one that have fences and gates at the property line and that these structures are taller than 2 and 1/2 feet and are located within the 10t setback of the driveway um um so this demonstrates that the request is not unique the third consideration that we have is that the request of variance maintains the basic intent and purpose of the subject regulations particularly as it affects the stability and appearance of the city and we say yes that the city of North Miami's ldr state that fences and walls shall be the be solely for the demarcation and separation of properties for privacy and use purposes so therefore installing the fencing Gates will not adversely affect the stability in the appearance of the neighborhood or the city additionally as such the proposed fence will maintain the basic intent and purpose of the fence in Gates installed within a multifamily Zone District in that the fence shall comply with the building permitting procedures and shall be located along the property lines and not encroaching to the RightWay the fourth consideration is that the literal interpretation of these provisions and ldrs would de deprive the applicant of Rights commonly enjoyed by other properties in the same zoning District under the same under the terms of these ldrs and to this staff says that North Miami's ldrs allow for the inst installation of a of a 6 foot high fence in the in the r six however the literal interpretation of these ldrs will pre prevent sorry the literal interpretation of these ldrs will prevent anything taller than 2 and 1/2 ft being built within 10 ft of the of the driveway so as Illustrated in previous slides we see that adjacent developments um have 10 uh 10 6 foot at least higher fences let's say I don't know the exact height so I don't want to say that but we know that they're taller than 2 and 1/2 ft so in this case you have like Point Town Homes which has you know a fence along their property line and Chart House Apartments which shares the same so the fifth consideration that we have is the variance request is the minimum variance that would make possible a reasonable use of land structure or the building and we say yes proposed fence and gate meets the minimum standards established by the zoning regulations but they but just the placement um is is where the deviation is required and due to the property's parking consideration and other factors a fence must be located along the property line um and the last consideration that we have is granting the variance will be in harmony with the general intent and purpose of these ldrs and as such the variance will not be injurious to the area involved and we're saying yes the variance request will allow the fence gate placement on or near the front yard of the property line and increase the maximum prited height to the six feet accordingly staff finds that granting the variance isn't injurious to the area involved and on the contrary the proposed fence design and location can be found in the neighborhood and at the adjacent properties so as I stated um staff determined that the applicant meets five of the six variance criteria and we are recommending approval for that item with the following conditions the first is that they ensure that there's no sharp objects or spikes or anything as part of the fence the second is that the finished side of the fence must face away from the subject property the third condition is that you know they have to protect the site visibility triangle uh the fourth condition is that The Pedestrian fence must swing Inward and not outward towards the public sidewalk and the last condition is that the applicant must obtain a a building permit and all necessary licenses before erecting the fence and Gates that will conclude my report thank you is the applicant here all here well the one person will speak for the applicant do you have your board chair your state your name and address please n don 2430 Northeast 135th Street 104 um what's what's not emphasized the importance of this Gates is personal security we have people coming and going on our property property all the time we our our our property is attractive because we have a dock it's by the water and it's open and people just can come in and fish uh one time we had somebody a couple sleeping on the dock uh we have uh young men sometimes uh hanging out on the dock and because of our personal safety we can't tell that we can't approach them um and so because we don't have a gate we are what I like to call loow hanging fruit because it's the easiest access to our building and I live on the first floor so and those of us who live on the first floor have an extra concern because people walk behind the building which is where my bedroom is so it's right up close and personal people just coming and going a couple of instances where we ask people to leave and then they come back and they do it with tarity all the time um and I suspect that one of them out of Revenge never mind I won't say what it they they put blue something some kind of blue substance in our Fountain you know just because you know and people parking in our parking lot uh uh in the dead of night people coming and maybe doing drug deals in our parking lot um is there anything that I missed yeah oh yes the laundry uh there's this one couple that likes to go into our laundry room and have sex there and drugs and there was even physical confrontation about that um also have char H hold on Charters let her speak because if you have if you're going to say something you have to come to the come on up oh the charters okay um all right and um when am I missing people smoking we have we have a no smoking policy in our building littering on our dock people smoke cigarettes on our Dock and leave our it littered meanwhile here we are we have no say in the matter we have we you know we have no no recourse so this building the gates are would be an amazing thing to have in terms of peace of mind and quality of life so I'm hoping that you will take that into consideration I appreciate your your attention thank you very much thank you all right anyone for or against I'm I'm for not you not you I public hearing is still open public hearing we'll open it hi hello U I just wanted to say that uh name and address my name is Dan culen 2430 Northeast on 35th Street um they they come by water and evidently these people are ubering to our property and the boat comes there at a certain time they run into the building crossed our dock onto my floating dock where my jet skis are and jump on boats and then take off this is you confront them and then when they come onto the back to the property they're drunk so they're stumbling all over the property and this becomes a liability so hopefully this gate would stop this business it's very frustrating that's all I have to say Miguel Cera 2430 North 135 unit 207 my personal experience is I have a camera looking at my dog and people just come smoking in no they look into our properties and stuff like that and they just walked away they even jiggle on my on my uh uh tool boox the the lock they even jigle see if it's open so that's my personal experience plus I found a couple of joints of marijuana the other day laying on the side of the building somebody lost them so it's crazy over there I am Sandra James 2430 Northeast 135th Street number 107 I live on the ground floor and I live right on the dock I'm a single female several years ago I was terrorized for over a year by young teenagers that would come every night around 10:00 at night and stay way past midnight I got the nerves up to go out and address them one night of course I didn't go through my patio door because I didn't want them to know where I lived I asked them to leave politely they didn't leave they kept coming that went on for almost a year I finally got up the N well then I went out and I approached them again the next day I came home from work my my Pao chairs were in the water they thrown them in the water finally I got up the nerve late one night to call the police and they did come and approach them that finally stopped but being a single female on the dock on the back of the building it's it's I can just tell you when I wake up in the middle of the night and I hear something I'm terrified I I'm frozen because I don't know what's going on there are several times at 10:00 at night I see a gentleman with a big backpack that will come onto the property I get up really early in the morning 6:00 in the morning I see that same gentleman leaving he doesn't live on our property wow there are many times that um people bring their dogs back there um during Co they thought that it was a place to have lunch and dinner or whatever and if we approach them they they literally will you know become indignant with us so just to be there and and to when it's late at night it's terrifying it really is that's all I have to say thank you and recently I had a bike for I don't know seven or eight years someone came and stole my bike that my parent my mother and my sisters gave to me for my 60th birthday and they left a old bike okay that was nice but they just they came and and took my bike I did a police report on that so I have two police reports on fou of people just coming onto the property and doing whatever and it was locked up yes so they don't care that's okay public hearing is now closed oh you get one bite at the Apple I just wanted to provide you the assurance that the the gate that we're planning to install is going to be in compliance with the uh fire department that's going to have a nox box the gates are going to be uh capable enough to have a um you know stretches going in and out the gates are going to be electrified so it's going to be a pretty much a near to really good uh fence that we're going to provide all right thank you uh board discussion I just had a question so the gates are going in the front of the property so what's happening I just want to make sure I understand what's happening now people are coming off the street just going straight back to the very back to the dock area so the idea is just blocking from the front and the sides so that you mitigate okay that's all I wanted to just verify okay any other discussion and well I just had one question because uh in Miss Watson's presentation she said something about the I guess the ugly side as of the fence will be in the front I mean towards the building and then so what what kind of a fence are they putting up is it like the iron iron bars R iron rough iron I'm sorry that provision of the ordinance it applies to Planks and stuff like that that type of fencing this is going to be uh uh pickles you know straight through visible R yeah yeah okay so it's going to be actually uh three braces and all the um pick like 4 in a so it's going to be visible through thank you but we just add that condition because it's a it's a standard condition for all fences okay and are they they're you're connecting to Gates on other side of your property right there are two walls on the side that it would be just to the property line I think that's it so we're in board discussion right now and oh I'm sorry well we did close public hearing now it's board discussion any other thing I move approve the item okay we have a motion to move the item with the conditions thank you do I have a second I second seconded by Miss Joseph okay well let's go ahead and go roll call please I have a motion made by Mr Michael M mcar made and second yes I'm sorry go ahead and seconded by Mrs Lum Joseph um coun chair chairwoman Rosell and Philip how do you vote uh yes Vice chair Michael mcder made how do you vote Yes board member BL Pier Lewis how do you vote Yes board member Kenneth each how do you vote Yes and board member Luman Joseph how do you vote Yes the item passes un [Applause] unanimously I didn't realize that building was built in 64 okay so you will now have hopefully security uh and you know I I think with the type of fence it shouldn't be an issue but if whoever is putting it up maybe they'll decide to add some mirrors and stuff as people are backing out or whatever okay that could be something to consider all right old business none Thank you new business yes I just wanted to Madam chair and honorable board to discuss that next month's meeting falls on juneth so we wanted to is now a holiday that's what you have to yes which is a Holiday City Hall is closed so we wanted to staff wanted to understand did you want to cancel the meeting or move it to another date I I think it really depends upon what items we need to talk about do you know what items are scheduled we have a couple in the pipeline but we haven't we've been telling them that we're waiting for the board's decision they're prepared to go on the July agenda CU we just didn't know if that's the case so I mean if they've been waiting for a long time no they have not I mean like I said we've been we've been telling them that you know we might not have a meeting in July and we've been making I mean yeah in June and we've been making accommodations for those it's it's basically some special exception applications okay all right so it's real I don't have a preference but think you guys would they M Mr her would they have to um help would they have to vote to cancel the meeting or to move the meeting right yes either way they should vote I I won't be here June i' be I'm out of town until June the 10th anyway so I guess you would have to have a motion I make a motion that we cancel next month's meeting okay I need a second I second all right do we know can do we do voice voice yeah vot okay okay all in favor I I any oppos okay will be put on to July okay thank July I won't be here okay oh uh in terms of new business I'm I'm picky because I do try to be here all these years so whoever is doing the minutes because there is a thing that says absent and excuse so why do we have excuse if we're not going to use it oh I understood understood cuz I told way ahead of time that I couldn't make last month understood okay all right and I'm publicly stating I will not be here in July as I will be with my kids in California enjoy be safe all right uh uh motion to adjourn move all in favor I I all right thank you all right