P&z Board - Regular Meeting

I have a forklift coming my full of oil, but that's okay. hydraulic fluid oil. We can't people This Mr. Chair, Mr. Chair, Mr. Chair, it's 6:31. Ready to go. Good evening. Uh, please stand for the pledge of allegiance and a moment of silence. Uh, to the to the flag of the United

States of America and to the republic for which it stands, one nation under God, indivisible, liberty and justice for all. through the chair. I'm going to go ahead and call roll. Board member Julia present. Board member Rodriguez here. Board member Deassier present. Board member Cruz absent. Vice Chair Senra present and Chair Leonio present. Okay, Mr. First uh order of business would be to uh approve the minutes. I make a motion to approve the minutes. I second. Okay. Taking role for the approval of minutes. It was motioned by de la. It was seconded by Senra. Senra. Perfect. Board member Julia. Yes. Board member Rodriguez. Yes. Board member Deasierra. Yes. And board members Cruz is absent. Vice Chair Senra. Yes. And Chairman Lonio. Yes. Okay. The motion passes to approve the minutes. Mr. Lio, the next matter would be to open public comments for any items not related to the quasi judicial items that are going to be heard tonight.

I think you missed something in the in the agenda. I I think we need a through the through the chair to the clerk. I think we need a um a point of order. Uh the there's two sets of minutes. Uh there's one for March and there's one for April. So I I think we should you know uh I I would call for us to u recall the role uh and bifurcate the uh the motion as to set approve the minutes for March and then approve the minutes for April. If that's okay with the chair. Yes. Okay. In order for continuity here, the minutes, we're going to recall the role for the March 11th minutes of the PNZ board meeting. So, board member de laer, yes. Board member Julia, yes. Board member Rodriguez, yes. Vice Chair Senra, yes. Chairman Leonio, yes. Okay. Okay, the minutes have been approved for March 11th. And moving on to the minutes for the April 8th board meeting. Board member Julia, yes. Board member Rodriguez, yes. Board member Deassier, yes. Vice Chair Senra, yes. And Chairman Lonesio, yes. Okay. The minutes for April 8th have been approved. Next would be just to open public comments for anyone that uh would like to talk on the items not that are not related to the quasi judicial public hearing items. Mr. Attorney, according to the agenda, you have an election today. Yes. But we skipped it because we did the approval of minutes. I would just do the public comments and then we can circle back. Absolutely.

Yeah, we we want to open the public comment. Any anybody that's going to um speak on behalf of any of the items, please stand and be sworn. Not none of the items that are are before you. Anything else it any other items and to the chair? There's no public comments online either. You can close public comments if you'd like, Mr. Chair. Close public comments. All right. Uh going back to uh what uh member Rodriguez uh mentioned, there are elections this evening. Um and so uh as you know, this is a public meeting, so there's no uh private ballots. Everything has to be out in the open. Uh what would be um is the way that this has usually been handled is one of you would uh nominate someone to elect uh to to serve in the role of chair. So we'll take the the roles of chair first and then vice chair. uh if that person and then there would be a second uh if that person uh then would have to accept and if they accept then there would be uh a roll call. The person doesn't accept then another person can be uh nominated and so on and so forth. I was going to nominate Omero Cruz but since he's not here then uh my nomination is void. The person has to be present. They should be present. Should be present. Then I nominate uh Mr. Sentra for uh uh the chairman. That would require a second. I'll second it. Okay. And I I assume you accept, Mr. Senator. Yeah, I guess so. So we would need a roll call. Correct. Okay. In the nomination for chair

Leonio selected Senra and we will seconded by uh Deasier. So we'll go ahead and call official role now for the chair for Fred. Fred Senra. Board member Deassier. Yes. Board member Julia. Yes. Board member Rodriguez. Yes. now current well can't vote for himself correct oh vice chair Senra I guess yes and chairman Leonio yes absolutely okay the motion passes and congratulations Mr. Senra you're now the chair okay thank you Mr. Chair now I I believe we would need to congratulations uh vote for the vice chair so we need a nomination for the vice chair okay I'd like to nominate Nelson Rodriguez for vice chair. I'll second that. I'd be happy to do it. Well, he has to accept first. I'd be happy to help. Thank you. Okay. Taking the role for the nomination for vice chair which was selected uh Nelson Rodriguez by Robert Julia and seconded by Fred Senra. Board member Deassier. Yes. Board member Julia. Yes. Board member Rodriguez. Yes. Here current chair Senra. Yes. And board member Leonio. Yes. Okay. The motion passes and congratulations, Vice Chair Nelson Rodriguez. Thank you, gentlemen. I I I hear that it's it's a it's a handme-down. Uh, you probably should move around however you want. Wish the same. You can say the same. Yeah, we just we are stay where we are and next time

we'll uh we'll move around. So, uh, Mr. Chair, Senra and Mr. Leonu, thank you for your service on the board. Um, you're done already. You're done. He's done. Uh, Chair Senator, if if I may read also the quasi judicial public hearings and move into that. Uh, and then before I do that, I think that the, uh, the applicants and whoever is going to uh, be providing testimony should be sworn in. I'm going to have to next it. Okay. We'll get into that and then I'll I'll I'll mention that if you have to if anybody needs to recuse themselves or would like to enter quasi judicial when I get to that point if you need to recuse yourself uh chair I mean member Leonio you may do so. Okay. All right. Anybody present uh for the uh Natalie Santos that is going to be speaking you need to step up and be sworn in. Actually all Mr. Chair I would I would suggest swearing everybody in at the same time. Yes. Everybody from the other case too. Yes. For those of you providing public testimony regarding the items presented, I will be swearing you in. Uh do you swear to tell the truth? Nothing but the truth. So help you God. Okay. You may be seated. Thank you, Mr. Chair. The the next step would be if anyone has any exarty communication or may needs to recuse themselves uh one by one, you may do so. Uh at this time Leonio, Mr. We can wait until Mr. Leo leaves the room and then continue having only four four members. Um yeah, we have public if anyone else has any ex party communications or needs to recuse themselves at this time, uh now would be

the time. I have no communication. I don't know anything about it. Let's do it one at a time. We'll start here from from Mr. Delier. I know Azie, but we haven't discussed the case. I just know him. That should be uh I have no objections. Yeah. No, I I don't have any communications. Your communications. So, at at this time, I'm going to read in the uh uh public hearings. 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 after the applicant and staff have made their presentation on each item. Uh for purposes of this meeting, the staff will go first and then you'll have an opportunity to present your your case. So if you'd like to take a seat, yeah, for the moment, you'll be called out soon. Um 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 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 organization. Any persons presenting documents for the board should provide the town clerk with a minimum of 10 copies. Further details of the quasi judicial proceeding may be obtained for the clerk. At this time, the first matter before you is VH 20250091 for folio 32 20230080510. Uh the applicant is Natalie Santos and the property location is 7100 Miami Lakeway South. And Mr. Chair, we will first hear from the uh from the town of Miami Lakes. Hello, good evening. This is Justin Teleria, planning and zoning town of Miami Lakes. This case is VH

2025-000091. The applicant's name is Natalie Santos. And for those who weren't here last time, she was postponed from the previous planning and zoning hearing. And the address is 7100 Miami Lakeway South. and she is requesting a variance from section 13-426 to allow a 30x50 addition to the existing home with a 10-ft setback from the rear property line where 25 ft are required. She is requesting um the extension to the house. This would encroach 15 ft into the rear setback and at the moment staff recommends denial of the proposal and additional information. There's a current um code violation C2024-1701 for hatrackcking and she was previously granted a variance for offense um at 12' 6 in from the setback where 15 ft are required and that is all at the moment. Any questions for for the town staff? No, I don't have any. I have I have one question. So looking at looking at the um so she's her fence on the north side is already in a variance. I believe it's the east side along uh along the side street right there. Leaning pine. Mhm. Okay. And that's and that's the second front side. Is that because our door goes to Miami Lake Way, right? Correct. Yes. Yes. Okay. Thank you. Yeah. Any other

questions? Thank you, Mr. Chair. We can now hear from the applicant if you wish. All right. So now please the applicant please step forward. State your name, address. Okay. Thank you. I think the the um the microphone may not be on. Press it at the shaft of the microphone. Oh, now it's green. Yeah. Yeah. Um, so yeah, I got a variance for the fence and I pushed the fences even more closer into my house because it was drawn incorrectly when I did the variance application. So, um, but I I wanted to do the addition and I have other properties, you know, that have examples that are way beyond the 25 ft. And like you said, I have um so my house faces Miami Lakeway South. If I was to face on the other street, then I would be fine with the addition. It just happens to be so that you know my property has a weird shape. And there's also a pool. So really the only place I can do the addition is on that side so that I can, you know, right now my house is small and I have a lot of extended family and if they come over there's there's nowhere to sit. My um my husband's also in a wheelchair. He has ALS. He can't travel through the house. So right now he's at my mother-in-law's. He can't even come visit because his chair doesn't fit. Um so that's why I'm, you know, that's why I got into the whole deal of making this addition, you know. And there's another ordinance which is number 0457 which allows you to have an accessory building

and you can go up to 5t from the rear and you can be 10 feet from your house. So I you know like it it doesn't make sense to me that I can build a whole you know like another building in my yard but I can't do this addition um because it has to be 25 ft from the rear. like this ordinance that I'm reading doesn't make sense with the other ordinance because you could I could do a pool house and it could be 5t from the yard. You can even do a, you know, like a deck and you can go, you know, almost to the rear of the yard and your, you know, so, so let's see if the addition was smaller, I could still take my roof all the way back to only be 5t from the yard. So it's like I don't think it's a big ask is what I'm saying. I have a question, Miss Santos. Miss Santos, on the previous approval for the fence that happened several years ago after the fence reached the back of your house where we allowed you to have the space so you would be able to service your windows and walk down the edge of the house. from that point further back all the way to the back. You were supposed to bring it in, but I see you only did it at the very end. You did a little 45. It's like about a 15 foot area that you did. And there was supposed to be once you cleared the house, you were supposed to at an angle go all the way back and meet the 15t. But I see the drawings here, you didn't do that. What you did is you went back all the way straight. And then at the very end, last five or six feet, you moved over to the 15 ft line. Is there any reason why you didn't follow the instructions that we asked you to do? The way that it was drawn, I gave it to

the person that did the fence and they did the like the bevel where it was supposed to be. So, did you give did you give what the zoning board asked you to do to the person that did the fence? I did. And even after the holes were made for the fence, um I forget the gentleman's name. He's here. He works in the city. He's like the main he's in charge of all the inspectors. Uh is an American gentleman. He went out there and he says that I could have put my fence closer to the street that I put it to in. Mhm. Because of the way that it was drawn. So, I was supposed to measure from the outside of that sidewalk and not from the inside of the sidewalk. So, my fence is too in anyways. I could have I could have made it come out more according to the director and building. Well, I see that there's 16 ft 8 in 16.8 ft from the edge of your house to the edge of the sidewalk and the uh surveys are all to the sidewalk. surveys are all to the edge of the sidewalk of your property. The sidewalk belongs to the city and I'm looking at 16 ft 8 in. And we had allowed you to have three feet away from your house because it was only 16 ft. You would only had a foot 1.8 ft. So, we allowed you to have the three feet, actually four, I believe, is what we agreed on. All the way to the back of the house and then at an angle to meet the 15t away. I I gave the plans to the person and that's the way they understood it for from what was drawn. And then when I even had the inspection done, the inspector told me, which is I don't know his name. He's not the the normal inspector. He's in charge of the whole building department. He told me that I could have pushed it closer to the

sidewalk. So, I think I I'm thinking my fence is where it should be. The way that it should be. Okay. Is there he Someone mentioned a code violation. Do I have a code violation? Yeah, for hat for hating trees. For what? Cutting the tree at the very top. Racking a tree. You trees. You excessively cut the tree. Which tree? That you'd have to deal with the code. I haven't gotten a letter. So, is that an open violation that's now current? They said that you had a violation and it was cleared, but you actually cut the top of the tree. There was a huge tree in the yard when you bought it. By there every day? Oh, I ride by there every day. And you had it. You had you had cut you cut it really short. So, I guess that the city said something to you about it. Or maybe it was the previous owner because I don't think there was a tree in the yard. I don't know. I don't Any questions to the applicants? Yeah, I have one question through the chair. Uh, Miss Santos, the and I understand what you said about your husband having ALS and not being able to go to the house. Have you modified the inside of the house at all? Yeah, I have a ramp that I put in, but the house is narrow, so if he's there with other people, um, it's it's hard to rotate the chair. So that's why I wanted to do an an addition and I I wanted to bring him home and my parents would be living with me. So then it would be like an additional room for them then a larger area for my husband to to be in and then he would have a room. Right. But but have you modified the doors? Have you modified the bathrooms? Have you modified anything in the house to make it compatible for him to be in the house before doing this addition? Uh no to modify the ha the house. So, I was going to have him in that large room in the back because then the the master and the and the bathroom there would be large enough for his chair. Right now, the the bathrooms are small and I would have to tear down a lot of walls and and it would just make

sense. I need another room for my parents to help me care for him too, right? No, I understand. And with my kids and me. Yeah. So, that's the reason for the addition. No problem. uh through the chair. Just for the record, uh you probably read it already, but we did provide two emails that were provided as public uh comments. Uh one email was in favor of the addition, just not with the variance, and the secondary email was opposed. Okay. through the chair. Um, have you consumes like if part of the the cogo goal is to make a a bigger home, there seems to be and I could be mistaken, but in the front it it seems like you are about 40 ft from the from the sidewalk. So my understanding is the code is that you could actually grow the house front as well to 25 ft. I think I think it's through the chair is 35 ft 4 in 35. Yeah. To the edge of the for the front of the house. So she could go 10 ft forward, right? Yeah. We're supposed to be 25, but this one is 35. 35. I can see it. I can see it in the drawing there. Right. But what I'm saying is this house I'm imagining the code here would be 25 ft as well. So you could grow the house front if necessary. Correct. Yes. Without a variance. Yes. I I understand what you're saying about that your house is kind of awkward, but it's really not too awkward. It's going to happen on every corner. You have two streets. And And I I get it that when I first looked at it, I thought, well, the same thing. If you if your house was facing leaning pine, then you would only have to be seven and a half. I mean, I could technically make the front of my house

face leaning pine, right? But then but then you would be violating the the No, you would be in violation of the setback to your neighbor um Miami Lakeway South. So, however you position it, you're going to have a rear setback for, you know, the 25 ft. That's pretty much standard. 25 ft in the back, 25 ft in the front, and you could build your house 50 ft. Also, just to clarify, the the position of the lot is always the narrow side is supposed to be the front and the back. The longer side is always the sides, right? So, whether whether the house actually has the uh front door on the longer side or on the shorter side, the the lot is considered to have a front and a back, you know, on the narrow sides and uh sides to the to the wider sides. So, no, it would it wouldn't have any difference. It would still be 25 on the narrow side, 25 on the rear narrow side, 15 on the on the longer sides. Through the chair, Mr. Julie, you're actually right. It says 39.8 almost 40 ft. It's 39.8 if you want to see it on that drawing. I like I zoomed it up in my computer. Zoom is a wonderful thing. Um, yeah, I don't have any other questions. Just observations that of ways that you could technically work something out to I mean, I get your situation. I have to balance. I also have a budget and the easiest way would be to go back and break the roof there, not break the entire roof. Um, you know, I got it. And I've been advised that that's the best way to go. But unfortunately it infringes on all the u parameters that we have to maintain uh you know in the town. So um to uh the

people that are familiar with this type of a thing any recommendation that uh we could come up with that would help her because the way that she's presenting it is going to be a is going to be a no for me. Um, I'm going to agree with the town. So, is there any Mr. Dear, you're a contractor uh that you would see that you see that uh that we could recommend to her if uh if she came back, we gave her five feet additional, make her make the the addition be 20 feet from the edge of the property line, then uh she would be able to have almost a 38T 38 ft almost. They're proposing a 50ft addition. They're proposing a 50ft addition here. And uh there's 5950 from the edge of the house to the uh property line. So if they did a 30 foot addition, they would be 20 ft away. We'll be giving them 25 ft I mean 5t additional uh to make the addition that they want to do. Is that something that you would consider? that that's you know at least 15 feet from the property line I would prefer because then I can fit a little bit more and I can fit a room and I can fit you know a larger room I like to play the larger bathroom and the louder would be and I can't

so what he's saying is right now you have a 30 by 50 what what he what uh board member de laser is suggesting perhaps we could do like 30 by 40 which is 1,200 square f feet. I mean that's almost the size of your current home. That's a size of a house. That's a lot. It is huge. It's huge because all those other references that you were making to our ex what are called accessory buildings. They limit to you limit you as to how many square feet you could build. And what's the limit on the square feet? That limit is 100 square feet or And they're open air. Yeah. And they're open air. They're open air. They're not they're not closed buildings. So even if you extend your roof, you know, you still have I mean if you wanted to extend your roof and make a patio, it's open air. It's not something that you can close in and use as living space. So even though because I I looked up the ordinance that you had said about the five foot setback. Yeah. But that's that's not going to work. My concern to the committee is um it it it is a big it almost is as big as your home number one. Number two, you've done no modifications to the inside your home um to try to prevent building such a large home to get that extension. That's why I asked the question. Now, Mhm. I my background um in the fire service, I went to a lot of homes with people with wheelchairs and and I fully understand, but if you had made some modifications and it didn't work out or if Let me finish. Okay. And then we could have said, okay, let's look at, you know, what you've done, what the complic complications are. But at 30 by 50, I'm a no also. So, if you want to reduce the size, I I see that the board, and I can count numbers, so should you. I see the board is suggesting that you lower your square

footage, and you'll probably get what you need, not what you want. And that's just where where I I see this going. We always we always try to to work with the uh with the applicant, right? Within within reason. You're the chair. We're trying to help you. Yeah. If I try to modify a bathroom, I have no dining room to eat. Okay? If I modify the other bathroom, I have no room for a bed. So, I couldn't modify anything. It wouldn't be worth it to even try. I hear what you're saying, but it's not reality. I get you. That's why I haven't tried to modify anything tractor. I can modify. You know, my husband, you know, he's on a ventilator and he has a lot of equipment, a lot. And it has to, it needs to be a big room. Right now, they're taking him a bath in the backyard. And my mother-in-law has a two-story house, and it is larger. Yes, it's big, but you can't put pick them up. You can't put them up the stairs. You can't, you know. So, so I I I Yes, it's big what I'm asking for, but it's for comfort. It is for comfort. Do you understand that? I'm going to vote no. Yeah, I understand. I And if you make if you want to make it that big, I'm going to vote no. You're not going to get it. You understand that? Yeah, I Okay. So, but um you know, if you guys think that if I can try to fit everything with the 40 by 20 or whatever it is that you're seeing and maybe the architect can help me, you know, I understand that too. Well, you have a really good architect. Yeah, you would have to come back uh you know to us with the uh with a new proposal. Um but if it's within you know you may not even have to you know the zoning department may go ahead and and approve it without without if there is no variance. You well no I mean what you're s he's what I'm suggesting requires a variance. Okay. So, so then

I'm suggest So, she would come back again with the uh she can do um she has she has room for an addition without a variance. She does. Um just to be clear, she has room to do an addition on the rear yard without a variance. She can do a 30 by 30 without a variance with no variance of any sort. That's almost she could add she could add a 20 by 20 in the front also without a variance because I'm looking at the drawing. Is that a nice way in the front? Not just a little bit, but all the way across. Yeah. That gives you that gives you your your whole addition. I mean, you'd have again, you have to modify your house, right? But to get to what you need, right? And can can I have the 20 setback instead of 25 and just do it in the rear so I save a little bit too on the cost of so I don't have to add in the front and the back. That's the proposal that I'm making. You 20 ft. Mhm. I mean, I think I think that'll be okay. So, I don't have to add in various places. I can just add in one and keep the cost. Trying to help you. Yeah. No, I understand, you know, and I I understand and maybe I don't see it because I'm not an architect and the plan's already been drawn and that's what I saw. You get what I'm saying? And that's what I think. Um, but again, you know, if if you guys who have more experience in this think that that's okay, then you know, no. And you have a good architect. And I'm not trying to pay the sympathy card either, you know. I'm just giving you the reasons why and the things that I've done or haven't done, you know. Everybody has situations in their life and things going on. We understand, but we have to keep right, you know, in order. Mr. Chair, if I if I can just state a few things for the board to consider. um understand that what you're doing here is is really you're applying applying law and that the facts have to apply to the law and you have to meet

certain criteria. The criteria that's stated here is is stated and every you know municipality in the state of Florida has to follow similar criteria. you have to find that there is a special harm to her that that special harm is something that's unique to her property. Uh and something that you you meets all these seven criteria which in a nutshell that's that's really what it is. Now you you have deference and you have discretion to choose what you wish but understand that the law is is this I mean everybody has you know their own properties they have their own setbacks many of you are homeowners of my I'm a homeowner my less I have the same setbacks and we have to live within those confines of of our code if you wish to give her something else again you have the discretion but these are the guidelines that you're supposed to follow I just wanted to kind of bring it back to that right but we don't have to give it at all you do not Right. I understand. Any more questions for the applicants? And and just for clarification again, uh we do have procedures for accommodation for um situations for people with disabilities that need to move uh wheelchairs and things that require variances for those purposes. um if she needed ramps that encroach onto setbacks, if she needed an elevator that was uh trying to bridge, these are these are accommodations that we can provide. But at the difference than a variance that is grant a variance is granted to the property and accommodation is granted to the person which then when they sell the property they have to remove. So obviously extending the square footage of the home is not something that can be removed when the person is no longer residing there which then means that you're you're giving the accommodation to the property instead of to the person. Does that make sense? So that's the that's the big difference in in the situation. All right. No more questions for the

applicants. You may sit down and we'll open it up for continue with our discussion, panel discussion to make a recommendation on this. If you want, I can make a motion that we uh allow a 20ft set back from the rear for the addition instead of the 9 ft that she's asking for. Make a 20 foot setback rather than the actual 25 ft 25 foot setback that's required by code to do a 20 to do a 20. That's required by code and zoning a 20 foot setback for her. Any other Julia? No, no. I'm I'm trying to because based on the advice of obviously the the town council, we we are limited to looking at this analysis. uh and then look at these criterias and I'm trying to figure out which criteria I could justify what I'd like to do. It's really hard but can I do it? Uh because I'm looking at the first one we have not received support. I think it would be a challenge to say that it's compatible. Um the only one that I could see is that the variance is not going to cause substantial detriment to the adjoining property just because if that property was facing a different way it would be seven and a half ft. Um does anybody want to second the motion for discussion? I'll second it

for discussion. Uh I have so at the 20 foot setback that will still give her 1,400 square feet did you say or 1,200 1,200 1200 well it depends how thick right and right now and I what's the total number she's asking for 1500 1500 that's a that's a closet I I I pro I can't go any more than than than the 20 as well I I just think it's going to be a monstrosity um And and I mean it's you're sitting in a in a very very it's going to open a can of worms for the whole town. I just think it No doubt it's it's actually doubling almost doubling the square footage of the house. Yeah. So unfortunately that pool that pool the way I look at it the pool is just sitting in the wrong direction. If that pool was in another direction or a little bit towards that that pie wedge that you have that would have been optimal for you to extend your home and then you would have been within the setback and not an issue. I don't know if you put in the pool if the pool was there before you. I'm not sure. But that would have been optimal for for that. But uh I I can I can deal with with the 20. I can deal with the 20. I believe the pool is a new pool. Yeah, I believe it's a new pool that was was uh permitted after they bought it. Mr. De, would you like to make a motion? I made the motion. No, they made the motion. Motion is made. We're just discussion. We're discussing it, sir. So, so we do have a motion on the on the floor and then we have a second. I I I want to just address again you you vote how you need to vote and you vote how you wish. But you you did make a mention, Mr. uh member Julia about uh impacts to the surrounding the neighbors and it seems to me and maybe Susanna can

address this a little bit more that the way that this addition is positioned would be encroaching onto the setback where the neighbors home fence faces towards this this property. I that's what what it seems to me here. I don't know get it wrong. It's the sideyard of the neighbor, right? It's the sideyard of the neighbor. So, it's not facing towards the lake, it's facing towards the sideyard. Right. You want to call for the vote? Yep. Let's call for the vote. Okay. Calling the role for item 6A. The motion made by Deasier and seconded by Vice Chair Rodriguez. Uh, board member Julia. No. Board member let excuse me. Board member Deasier. Yes. Vice Chair Rodriguez, can you read the motion one more time for me, please? The specific the details? Yes. Of the motion? Well, could R specify clearly on your end? Uh, yes. That the uh setback would be 20 ft from the property line rather than 25 ft. I'm a yes. That was a yes. Yes. Thank you to the motion. Uh and then chairman Senro. Yes. Okay. So, yeah, the motion does pass. If you wish, we can give Mr. Avalino Leonio a minute to come in. He He might

He might have gone to dinner. Huh? So he might have gone to dinner. He might have. Relax, relax, relax. Don't get nervous. Exactly. I'm already nervous. All right. I believe that yes, she's building a duplex. Yes. I uh I felt for her pain as far as her husband and the situation that they're in. So anyone else, I would have said just the 25 foot setback. Sorry. So Mr. um chair, may I call the second matter? Yes. Okay. The second matter is VH 2025167. Folio 32 20230081230. Um the uh this is hearing number VH 2025167. The applicant is Diego Machin and the property is located at 7260 Point Sienna Court. We will hear first from this town and then for next from Mr. Machin. Hello. Good evening. Justin Teleria. The applicant is Diego Machin Jr. and he is requesting three variances. One, the first one from section 13-1508 to allow to allow for 75.58% imperous area in the front yard where 70% impervious area is the maximum

permitted for a property with 50 ft or less of frontage. The second one is a variance from section 13-16005 to allow pool to encroach beyond the tie line a maximum of two feet 5 in at four different points. And the third variance is a variance from section 13-6005 to allow an area of 296 square ft of pool decking to encroach past the tie line where 225 square ft of pool decking is allowed past the tie line. Staff is recommending for approval of request two and denial for requests one and three as shown in the attached plans. That is all. Any questions for the town staff? I have a question. Let me ask you. So obviously this property is over here in the culdeac and how is it that with all the up how's the the front part calculated when you're doing the impervious thing like are all these different curvatures taken into consideration or yes I would refer to um I would refer to the the site plan that they submitted they were calculating from one side of the curvature to the other side of the curvature and that's how they were measuring the the total square footage for the front yard. I'm not sure if that answers your question, board member Julia. No, it was just that normally obviously when you have a nice square, it's you know 25 ft by 75 ft. That's it's a simple calculation. I was just curious here with all the ins and out that the property has how it's even get calculated. So the the front yard is calculated on a 25 foot parallel line to the semi-ircular curvature of the front of

the property if that makes any sense. So it's like a it's piehed and semi-ircular is not or or circular, right? So, it just made it a little bit more challenging to calculate how much was the required front yard and certainly how much of that was being occupied by um by proposed um hardscape, right? And is are these the concrete slab kind of of of uh I think yes, I think they're they're proposing uh permeable material. Now, the the the challenge in this is that because It is pies-shaped. Uh the portion of the front required front yard and we're always talking about the required front yard because we don't really count what's happening after those 25 ft. The the portion of it that abuts the actual street where the vehicles have to eress and ingress and eress, right? That's what uh that's where it becomes very crowded, which is the reason that he's requesting the variance to begin with. Um staff does believe that there's ways that this can be shaved a little more to net to to make it to the 70 that would be uh better and that's why uh we ended up recommending against after a lot of heartache. Uh but but it's definitely one of those that merits a consideration by the board, right? Because I I guess what they're trying to do is do like a as close to a circular driveway as you can, right? And I just don't know how the challenge I guess on this. Yeah. I don't know how realistic it is to think of turning around in that circle. It's it's going to be anyway. So be very difficult. Yeah. Because this is is the the survey

that would be the survey. Yeah, that's why I was just curious how even you calculate total frontage on I'm sure the I'm sure the the the applicant is going to be able to answer a lot of your questions because yes, this was definitely a challenge. Yeah. Through the chair, what they're doing is taking out a driveway, an existing driveway, correct? Is what's going to happen, correct? They're going to take a square cut existing driveway and put in a the dual access because it's really it was very difficult to make it a circular drive but a dual access driveway. Correct. And the material being used is permeable. I do believe is permeable papers. Am I right? I think we can ask the applicant because that's that would be a condition of approval. Okay. again because I had seen that in the note that it allows it to go to 70 if they're using permeable if they're using permeable. So that would be if if they are anytime that they're more than 60 they would be required to use permeable pavers. So if you do approve any sort of variance beyond the 70 they would definitely be required to use permeable pavers and that would be a condition of approval. Can you say it again? You said 70, anything before? Okay. So, the regular driveways are required to be 6040. 6040, right? If they're smaller driveways, 50 feet or less, a smaller frontage is 50 feet or less, which this one definitely is, they're allowed to have 7030, as long as they use permeable pavers, okay, and lush landscaping. So, yeah, if this one went to 70, it would have to they'd still have to have permable papers. Correct. Now they're asking for 70 what? 70. What was the final number? 72 75 75.58%. So definitely anything north of 60 has to has to utilize permittable papers.

No questions for staff. No, I don't have any further questions. Right. Mr. um Munchie, you want to come up? Yeah. Come up to the podium through the chair. You both can come up and give your names and addresses, please. My name is Kachi. I'm general contractor to Mr. Maching. Um I'll try to answer all your questions. I have some printouts that I'd like to give you if I can. Please provide them to the clerk. Provide them to the clerk. My name is Diego Machin 7260 Court Lakes. Maybe we're not trying to achieve a circular driveway. It's impossible. as you guys are saying, it's what we're trying to achieve is access for him. The vehicles now are just they're larger and the right side of the property, which is the west, um it's so angled that the right side of the garage almost uh makes it useless to use and he's finding himself um pretty much almost hitting the utilities constantly. And we're that's the hardship that and I took a picture

in the front so you can see the angle of the right side which is the west side of the uh of the uh garage. extremely difficult to uh and that's basically the goal would be to add the additional driveway to have a second approach so that he can park there and not have to use the the the other side which is sometimes you hit that AT&T or that particular uh tombstone and and it knocks off the neighbor's uh cable. So, we're trying to look at a way that he can better use for this property. Uh, which from what it was to what it is, we we want to make sure that the city does and it doesn't look bad, but we also want Mr. Machin to be able to use his house, you know, with it full potential. Through the chair, I have a question. It's concrete, right? No, it's not pvious. Okay. Yeah, that's that's going to be my question because you you you understand that if if we're able to give you anything at 70, you're talking about close to anything 70 or above, 60 and above. 60 and above, you have to go impermanmeable anyway. So just that that would mean I would have to take down the existing driveway to reach the percentage. Yeah. That again, you know, we're we're trying to uh and I fully understand Mr. Maching wants to use his home and and you know um these homes are old and they were built like you said with bigger cars. You have Eastman's and infrastructure, but the the issue is you know um trying to at the same time stay within somewhat of, you know, the

regulations and the beauty of Miami Lakes. So, that's my concern. I just wanted to make sure because you had been shaking your head that you're you're going with cement. So, well, we currently have it would it would be reverting completely to taking out the existing driveway that we just installed. I'm just I want you to be aware of that. I understand what you're saying. Okay. That was saying that through the chair. The other thing you could do is uh make it a two-lane driveway instead of doing it all concrete in. So if you're leaving green area in between where the car would drive and place rock in there and then you would be under the 60 ft. You know, you know how they eliminate the two foot wide driveways for each set of wheels. And you could do that up to the existing driveway that you have and make the rest of the area rocks or grass and then you would meet the 60%. I see what you're saying. If you don't want to take the concrete out, you're saying it would cost them to take the concrete out. Well, it I'm just trying to help you to get No, I appreciate it. I'm I'm trying to I'm trying to digest I'm trying to digest what you're saying, so you can stay in concrete. I think when you build a house and you have we we tried to we tried to do it at the way that he wants. I I don't think he would go that route. So, I I'm I'm accepting what you're saying. I just can't answer for him and say that that's what we would do. Right. just in order this is a way that you can do it and not have to remove the concrete to get the 70% or more than the 70% less than 60 more than 60%. Yeah, that's the problem. You have

to make it permeable. I mean they do make uh pvious concrete. Yes. Which the problem is that it doesn't match the existing concrete. It's very granular and I've used it before and it's as more permeous per pvious than most products. So, well, you'd have to take everything out and make the whole thing permeable. And that's that's not a variance. That's just the code. They would have had to have asked for a variance. Okay. So, um let me let me start all over. Um, if it's a regular driveway, regular 60 foot home, 60 foot lot, right, the requirement is 60/40, right? when the lot is narrower like his which is 50 uh we did pass regulations I think it was a couple of years ago to give them provisions to instead of doing 6040 they would be allowed to do 7030 as long as they did permeable dry pavers so that we could mitigate the additional you know hardscape and have some place for the water to go right otherwise it'd have to meet the 60 otherwise it would have to need the 60/40, right? Which for smaller for smaller lots is kind of challenging. Yes, you can make 60/40. It was hard for them to be able to get enough driveway area on 6040 and that's why that was created. Now, you can look at this two ways. Uh the way that the variance is faced right now is a variance to the 70 because he's asking for more than 70, right? So I I cut it off at 70 understanding that um permeable papers would be used right you can also consider it a variance to the higher than 60

so we could consider let's say a 70% but allow concrete correct but then do you you know then again but where's the cut off point right so this is this is a choice you have again The point of this is always to mitigate the water that is the runoff water that's going to end up on our storm water system because obviously um concrete is not going to be is going to be creating runoff. This amount of concrete adjacent to the sidewalk is going to create a lot of runoff. So giving the water somewhere to go before it gets to our storm water system is always the intent of having some permeability in places. Uh that's the that's the challenge that we face. Right. a question if he did a uh trench drain, put a drain drain there, a a lineal drain across the front of the driveway between the driveway and the sidewalk between the driveway and the sidewalk. Put in a lineal drain and send it to a French drain within the property. Then you could what if they grade the um land towards the site? I mean, they they have so much property on on either side that You mean great to back away from the road? Uh back away from the road. You got to grade toward the inside of your property. You got to maintain the water toward the inside of your your own property. Um we do have a lot of grass area on that side. Um you the comment about adding a a drain, a French drain. It could be looked at because since the detail of the driveway has um rocks in between, I could look at an option of trying to aesthetically have that in a dual function. Something that could be and maybe that that could work and segmented. I would have to see you could do a well type French drain straight down. Yes.

pipe with rocks and get it, you know, perforated uh pipe with rocks. And that would be to meet the 70% concrete, not this, not not 1% more. Right. Maybe you could stop the water. Yeah, that's what Suzanne said. Yeah. Because even at the 70% we're doing a variance because from what I understand of the code, correct? If anything over 60, you have to go to the permeable one. If you go to permeable, you got to take out what you have there, which makes no sense. Thankfully, it was looked at in a different way that that would if if I could do concrete at 70%, I I could look at seeing how much footage I can get away from and see if it if it even works. That's another thing. It it looks like it's a lot, but when you start to reduce and try to meet a percentage, it becomes almost impossible because then is it worth doing it and not being able to use it? So, that's that's the challenge. We we put something together that we really thought would be usable because just adding it is not the purpose to it. We rather not. It's just he needs to use it. So, right. I I couldn't say. I mean, thank you for the the input on that. I just would have to see it on paper and physically on the site if it even works. The calculations that we have that are provided to us show that their front yard is,562 square feet. Mhm. My first question was how did that you know didn't you know how was that calculated and stuff like that to see if it was calculated through CAD and through the actual So you as the applicant you're you're okay with that number I don't know if that was a number that you generated or generated we generated with my architect. So yeah, we we verified that. It took us a minute and a half, but we've verified it graphically. Yeah, we used to use from the get-go. Even when we built the house, it was a

challenge to go ahead and and build it and do it right and meet the code to go ahead and do it. Now that we're moving forward, you know, we're trying to get as much in a usable way as we can. Basically, that's why we're here. I I understand your points but again I say that with so much land that you have so some some so some so some so some so some so some so some so some so some so some so some so some so some so some so some so some so some so some so some so some so some so much green area the the water has somewhere to go other than the public rightway which is why it gives very less like it concerns less right because there is still a lot of even if it's not on the first 25 feet which is the narrowest part the pie shape of the property still provides ample ample space. Is there a way is there a way that we could because obviously we have to balance the concern of you know flooding and a lot of other stuff. I mean you you're a professional you know that is there a way that we could word something to the effect of how how does that even get really calculated in the sense giving the 758 but as long as the water is under control for lack of a better word. I know under under under our conversations we discussed uh adding some trees and some landscaping on the edges so that it would be you know areas with tree roots attract more water and and draw water to themselves because that's what tree roots do, right? So that's that's one way that you start pulling water out from the storm water system. We haven't added the landscaping because we haven't built the pool and it's part of this hole and I I really it would block my access to the rear of the property. Right. Yes. But but obviously ultimately and the fact that they're doing those concrete slabs, you know, you could like uh you know the board member de laser was saying some way to figure out to move the water. Not the whole idea obviously is the water not to go into the street. Oh and you have a huge lake in the back and you have the the side across the existing concrete

that he has there. It's very doable because it's in a linear format and that's what we have back to a lateral French drain. you know, it's a collaboral French pipe. You put rock inside of it to the water table and it sends the water directly to the water table. It's very understood and and it works with the possible design since it's in in linear form and we could look at something like that. So that is a that's an option. That is an option plus to help you not remove the existing concrete you have in and you could still do what you need. It's a, you know, it's a it's a waste of money. You're talking about $7 a square foot now. Yeah. Yeah. Unfortunately, plus taking it out. Plus taking it out and and and I mean, I I like I like the option. It's something that we can definitely look at and and try to keep it concrete and keep the same aesthetics that we have. And obviously, there will be a lot more landscaping. I not I noted it on on a particular plan which is the 8.1. I just put one tree but he has more intentions once we are able to get toward the rear finish the pool and then basically start landscaping more through the chair to staff. Uh, Miss Alonzo, do we do we do we have to if we were to approve this? Do we have to add the the landscaping aspect to it or is that going to be Yes, I would I would add that as a condition of approval. Yes. Okay. And again, it's okay for them to put the landscaping after the pool. That's just fine. No time frame on the landscaping until the pool's done. But I just want to know if if we have to include that into the motion if we decide to go. would be a good I would probably put it as a conditional approval anyway. Excellent. Yes. Through through the chair uh Azie.

Yes sir. on a -1.1 you have this triangle type looking yeah you can approach you have this what is I so that okay okay what page I was trying to understand what that was I just I know that you've seen that before whenever we are doing a especially on a on a property this large where obviously it looks like there's many options right for locating pools um I always asked them to at least make the exercise of the mental exercise to see if it would fit Mrs. Alonzo was clear that it needed to be somewhere where it it had to be and we we said, "Okay, let's look at the sideyard." My my peace of mind to recommending favor happily because Yes. It looks like an error, but it's wouldn't make sense there. No, unfortunately not. No. Any more questions for the applicant? And and basically the So there's three variances. one for the front, one for the pool, and then one for a little bit more square footage of pavers towards the back. How high are we going to have that the part that's behind? Because the other concern that we have from the lake, it's line of sight. It's what line of sight that you don't block of the view. Okay. This is a flat deck. Um it's not a raised uh the jacuzzi is right, but the jacuzzi is kind of inside. It's flat. I'm sorry. Did Did I miss Is this infinity will be the This is not going past the slope. Correct. It is. It is going past the slope. Two feet. Two feet past the slope on the corners of the

pool. Yeah. Just So the pool goes over two feet on the corners because the the diagonal is cutting across the corners. So that diagonal is two feet. Uh the decking the decking is like 40 would be allowed to be 225 square feet beyond the tie line. He's requesting 296 ft. I think it's 71 square ft additional next page. Yeah. Thank you. I did some calculations on on one of the It has like a blue It's this right here on the top. It shows you the area of encroachment. And to give you the idea, one of the issues with this house is that we built it, we tore it down and basically left certain sections of the house, the house is set back 28 ft. Those are the three feet that I need. And unfortunately, I we didn't move the house, but when we realized in the tie line, it made the the edge of the pool, which is 9 ft, it made it like seven. And it really wasn't worth make doing a pool that's that narrow. So then we started talking about well we're going to go over into the encroachment of the tie line and then you have well if you want to walk around the pool how do you walk around the pool? So what we're presenting to you is the least what we think is logical for the pool and the use of the full and keeping a a minimal deck around 5 ft around complete and it would only go four in or it's really just a flat slab with just to get around the pool and then grade to the uh to the deck. Right. Can you and Mr. machine discuss the uh impermeable and the drainage situation to see if he would be amicable to us approving it that way. So I know whether

we can approve it. Oh, you're saying the driveway? I mean the driveway if he would be amicable to doing some type of drainage system so we can approve it or not approve it at all. Can I have a second? Sure. That's what I'm saying. If you guys would take a second and discuss it among yourself. something is your own figure something out and you get at least cost me more. You could ask for a reduced I I think you're the options that you gave us are are are good options that we want to look into. Good. So that that's what I just want to know. So we can make a Yes. Obviously the any of my Well, that's where it gets challenging, but we we we're going to need to get 70%. Then we're going to have to discuss the uh the water containment and and and and control. And then we'll have to present this in a permit and in a design form anyway, right? So that would be shown to to the homeowner. I don't I don't know if you understand what we're talking about when you have to your water that comes on that rains onto your property has to stay in your property. He knows that. Okay. No, no. I just because there's a lot of people that don't understand and then they want to, you know, cement. Not that he wants to do that because he's he's obviously offering a lot of landscaping, a lot of grass area, but there's a lot of people that just want to cement everything. And so that's why the the permeable cement and the the reason for having, you know, a certain percentage um so that the water contains on your own property. And the only case that we don't do that here in Miami Lakes is in the rear yards where we send it to the lake in order to replenish the lake. That we don't want to send it to the streets. We want to send it right

towards the purpose of the Right. Exactly. We've respected the setbacks and basically we built the house to its current code. So I'm clear on that and I understand and thank you for that option. Any other questions for the beautiful house? Thank you. Any other questions? No, I don't have all right. You may you may sit down and we'll open it up for uh discussion among us and um and then hopefully to make a motion. Okay. I have a question which which is the uh the plan that that we're we're working with. Hey one one this one. Yeah, that's what they're requesting because they have one they have one here with another pool. That would be the one in the color one. So the color one is the one. Okay. I'm going to do this one. The pool on the side is It's just right. Is there any other way to do a pool? No. Yeah. Okay. No, but they have another pool in the back. No, this is the one here. No, this is the one. The blue. The blue one. The blue one. That's the one. If I may through staff or county attorney, how how would we word the part of the drainage part that everybody's clear? I would say something like a French train parallel to the sidewalk must be installed to retain all all drainage on property. a lateral drain along the sidewalk at both at both uh driveways because you have two driveways, green area in between and send that to a uh they could choose either type either a regular standard French drain or the one that's like a well that you sink it down 10 feet with rock in it and send the water down to the satisfaction of the

building department who will have opinions about it. Right. Right. Yeah. They have to engineer that. Correct. Right. It has to be engineered. I I mean again in in the motion I would think that we would want to include both options of the drains um not restrict the property owner right what you're see option right I I that's the thing we can make the choice the an option right option of which which drain which drain system they want to that meets code engineered drainage at the owner's exactly I I don't just I I mean trying to help the the homeowner the property owner as much as possible have drain I don't want to get I don't want to lock them into one specific drain right just have give them an option but they have to have the drain yeah have a lateral drain at both both approaches to pick up the water and then they can discharge the water any way they want. Correct. Correct. Do you do you do you see um I was going to say through the chair so everybody knows how I stand on it. I don't have an issue with the two and a half feet of pool encroachment nor the deck actually is there's a lot of land there. I really don't have an issue with with the pool area or the little decking area. Yeah. The main the main thing will be the drainage. The drainage to keep the water off the streets. Yeah. And and the drainage they only have to deal with 5%.

Huh. They they only have to deal with 5%. Right. But the the the percentage, are you willing to give them the 75 that they're looking for provided that they have the drainage? I'm inclined to go with the 75 provided way. That that would be up to someone to make that decision. And yeah. Yeah. I'm just afraid to I'm I'm afraid to do the motion because I don't exactly how I'm going to word the whole drainage part. All right. So I'll put the motion. Let me try Let me try a motion. Let me try has to make Let's have the contractor. Let me try and a contractor. Let me try a motion that they do a lateral drain at each one of the approaches to remove the water from the driveway area into some type of drainage system to be designed by the engineer by the it would be the civil engineer to make that make that design approved by the building department. The rear pool and deck is fine. Yeah. So, we're basically granting all three with the condition of the condition. The only thing I would add to it is subject to u approval by the town's building department. Yeah. Subject to approval by the town's building department. Yes. Mr. Sarah, would you be willing to amend that just to add the landscape as required? Yes, sir. By by the staff. So, if you would add that to your motion, that would be great. Absolutely. Okay. So, you want to repeat the motion? I'll second it. I'll second it. I think All right. It's on the record. I'll second the motion already. Okay. Uh lateral drainage system at the approaches with water to be diverted into an area designed by the civil engineer.

uh landscaping as required by the building department and all plans to be approved by the building department and for zoning and zoning. I'll second that. All right. So, we have a motion. We have a second. Yeah, we have a second. Gave me a hand. I believe Julia seconded it. Correct. First, I seconded before he wrote it, but yeah. Okay. So, we'll go with motion by deer and seconded by Julia. Correct. Okay. Okay. Taking role for item 6B with the conditions just stated by the laser. 75 75. It's all three. That's 75. At 75 as what they have, right? As as is. As is. Yes. What they requested with the condition of the drainage and the landscape. Okay. Calling role on those conditions stated. Board member Leonio. Yes. Board member Julia. Yes. Board well. Board member uh Cruz is absent. Board member Deassier, yes. Vice Chair Rodriguez, yes. And Chairman Senra, yes. The motion passes. On to the fun stuff. Mr. Chair, the next uh two motions. Uh first, let me say this concludes the quasi judicial portion of this meeting. Uh the next uh two items that you're going to see are uh items that are being presented to the uh town council. Uh pursuant to Florida law, uh this board sits as a local planning agency of the town of Miami Lakes. Uh accordingly, uh it is your job to review any uh any ordinance that affects the local planning um I'm sorry, the land uh development act of the of the town uh and provide your recommendations for transmitt to the uh town council. Uh and the first item that you

have uh for you and and I don't know you want me to explain it or Okay. Um the madam planner is allowing me to explain it is with regards to online sales showroom ordinance. Uh and and this one is is basically we have a uh particular uh need in in in certain areas of of of the town. This one came up in the actual uh area with regards that's along 155th Street uh where the desire was uh to and you know what I'm a little confused because the memo says online showroom ordinance but the ordinance is the online I'm not sure how that happened but give me the title got messed up a little bit. Um Yeah, it's actually my question was what is being sold online? The first one and I apologize. I apologize, Mr. Chair. The first one the I don't know why the the um the title says online showroom ordinance, but it's not an online showroom ordinance. It's with regards to commercial vehicles. Uh as you all are maybe aware, commercial vehicles that are parked in uh residential zones are uh prohibited in the town of Miami Lakes. uh the way that the code was written at one point uh created different categories of vehicles uh and also did not include for uh any inclusion of golf carts uh which we know are are pretty pervasive throughout the uh the town. So what this is doing is uh it's creating a very uniform definition of what commercial vehicles are. Uh stating that any vehicle which displays or temporarily or permanently in lettering, logo or markings that identify the vehicle as belonging to any commercial purpose. Uh or the the vehicle is visible and designed to carry cargo, supplies, merchandise, mach machinery, tools, equipment, racks, or other form of commercial nature. uh this makes it a little bit easier for code compliance folks uh to be able to

identify this vehicle and site them accordingly. Also, certain vehicles are considered exempt from this and much of one of them being golf carts that are registered with the uh with the town of Miami Lakes and that is what is before you uh today. I have a question. What's allowed right now? because I don't I don't see any any uh pickups any uh uh commercial vehicles on on anywhere. So with with logos I know where you live. So on the east side we don't see that as much of Miami Lakes but on the west side it's a little bit more common on the west side meaning meaning meaning in certain areas of the town you see where there's a lot of uh folks who uh maybe have a food truck. No, they have west of 87. Yeah. Uh, also you do have in our area of where on the east side, I say our area because I live on the east side, a lot of rec uh uh RVs, RVs are not allowed to be parked. So, you do have that and that's part of this code as well. Uh you have on the west side, going back to the issue of commercial vehicles, uh you'll have maybe a a truck or a cargo van, right? That otherwise maybe the cargo van would be fine uh to be parked, but it'll have particular type of lettering as as far as the business. Maybe it's a it's a plumbing business. Maybe it's a uh a I don't know any any type of you know enterprise. So that those type of vehicles are are prohibited. So So we're looking at vehicles with with lettering with u correct like wrapping you know vehicles that have a wrap. Uh maybe identify someone. So So what options what options have we given those people? They're they're not allowed to have those vehicles parked in the in their home. And that's that's been the uh code as it's been in the town of Miami Lakes since since inception. The only thing is that the the same deal with the boats and you know pretty much correct. This is not dealing with boats but this is dealing with commercial vehicles and

recreation motor homes or this one does deal with motor homes. It does it discusses recreational vehicles on the bottom. Has the town given any uh any alternatives any um of where or to just keep them somewhere out of here? Yeah. and keep them. Yes. Uh I I that those would be my my words. I mean when the when the issues of the vote came here uh you know I I really really voiced my opinion. I said you know no and and if we start allowing you know little things then little things becomes become bigger things. Correct. So I mean I when I read this I asked myself and I asked my wife to read it. And I said, "Please read it and m make sure that I'm understanding what I'm reading." Right. And so, so also to for for the board to understand, we're not creating new legislation. We're just cleaning up existing legislation. So, the the policy has always been not allowing commercial vehicles overnight in residential. So, if the commercial vehicle comes to do something related to maintain I agree with that. So, I'm on the east side. I'm on the east side also, but I have commercial vehicles coming in. A guy that's got a uh similar to this, a forklift company and a guy that's got an air conditioning company. They come in and they park their trucks there with the lettering and everything in the neighborhood overnight. Absolutely. Yes. Absolutely. Overnight. So, as I read and I read on here is if they show up with that vehicle, they need to cover it. Right. That's what I read exactly as well. What I read in here is we're not saying that they can't have the vehicle, but they need the cover. Now, if it's just lettering on the side of the vehicle that says Jim's auto part, front, right? At one time, you have to put a cover on that. So, you can't see the Jim's auto part the same color as the as the vehicle. Okay. You have to put a complete cover on the vehicle,

right? And my concern my concern to that is and again I have no problem with with if they put a magnet over you know Jim's plumbing and you can't see it and it's a standard pickup truck you know if but if it has any accessories or any roof rack or anything like that then it had to be covered covered right my my issue is as I read on here right is the type of covers that were allowed right and so that's where I don't read in here that a specific ific type of cover is required. And so some of these people are using the blue tarps. Um and so to me, no, I don't think that's a good one. Well, no, but but but but in my neighborhood, I live I live on the west. I live on the west side. I live on the west side. And so I I mean, just driving around, I thought it was completely inappropriate. Right. So, for me, I if if we're gonna if we're going to allow somebody to have a covered commercial vehicle, okay, it has to be an appropriate cover, you like a car cover or or like they make the mobile home covers that are like gray or beige, but a blue or brown tarp from Home Depot, every time it rips, they go buy a new one, right? To me, I'm I I understand it's easier to put on. Mr. Rodriguez, I'm there. No, no, my my my other issue with this ordinance was there is a lot of commercial vehicles parked here on the east side along Bull Run and um commercial in the commercial zone, but they're parked on the street. That's how it is for the right. My understanding is some of those are Graham rentals. They rent from the Grahams and because that's commercial area, the the parking lot, they they're parking there because there's a school bus that parks overnight. There's a couple of of of food trucks. Food trucks. There's a couple there's a couple things related

to that's my real big concern as well too is so what are we doing about those those commercial vehicles if they're allowed to park on the street? First of all, are they residents of Miami Lakes? Are they living in the apartments? And if they are, since it's a grand apartments, let them park in the grand parking lot across the street and get them off the street. I just don't think it's appropriate off of Main Street, off a bull run that you see a school bus, the tow truck, a food truck. Um, and then at at what point do you you know, do you say, "Okay, well, because it's designed zoned commercial, I understand, but it's still a residential area with the apartment building and it's a main corridor to our main street." So, there's a food truck I've seen there for a month now that has not moved. Exactly. Exactly. It's right next to Graham Park. Right next to the park. And so it doesn't require cover. The elementary school. I mean in front of the junior high. The Oh, you're talking about on the other side. I'm talking about the apartments are where the apartments are. Right. Right. I'm talking Exactly. And that's the another the Catholic church. Right. That's because it's zoned. It's zoned. It's zoneduh commercial. You know, commercial residential. And my point is going to be, you know, okay, we we uh propose uh that that these vehicles have to be uh covered. Okay. How are we going to police that after 7:00, 8:00 at night? I mean, the only people that are there is police officers, and that's not their job. No, there's code enforcement officers are going in at night. They're the ones that great. But there's no there's no way to cover those, nor do they have to cover them parked down the street in the area. I'm talking residential areas. you know, I mean, next to my house, a plumbing covering there. How are you going to How are you going to cover, you know, a plumbing pipes that, you know, stick out four or five feet, you know, from your car? But I I think if I may, on on the side streets, I mean, when I read this that there's a part that says all commercial vehicles may only be parked in any legal parking space within

private property. So, it almost seems to indicate to me that these vehicles that we're seeing on the side street on the parallel parking that that's completely different. that's not covered or but they're not per are they permitted there or they're not permitted there? Not necessarily. But that's another issue that we're dealing with as far as enforcement because that's enforcement of off streetet parking. So that's something else that we're dealing with the code and how to enforce it because that would be for the police or maybe uh have an agreement with you know Miami Parking Authority to be able to to be able to, you know, regulate that. So that's not what this code is is intended to to regulate. So this part that I'm reading doesn't really mean cuz when I read that I'm going like are they even enforcing this in so this would be going to what you know member Rodriguez said you know you would have a commercial vehicle inside one of the apartment complexes at the Graham zone that would be not that wouldn't be allowed but this is off streetet parking not on street parking right so that person parks it on the side street whatever on whatever you property they would have to cover their vehicle correct if it's on the outside at this point in that time. We're That's They're working on that part. There we go. Okay. So, what are we supposed to vote on? No. If you have any suggestions, I I mean, the only suggestion I've heard is about the blue tarp that you don't want to use that or perhaps have a little bit more of uh of u legislation with regards commercial a commercial type cover and we can add that. We can make that suggestion. A commercial fabricated cover that would cover the whole vehicle. an actual car cover, not a tarp subject to approval by somebody. If it Well, if it's a van that has a Well, it does. It does kind of say that. It says a cover designed specifically for vehicles in good conditions. If you feel that there's language that we can add to that to make that stronger, I mean, definitely suggest it. That's pretty good language as it is, I think. So, yeah, but again, a cover in

good condition could be a blue tarp, a brand new blue tarp from Home Depot. Well, it says cover design specifically for vehicles. Specifically for vehicles. I got you. My my understood. But it should it should probably say specifically for vehicles to the actual vehicle that is in good condition. You know, for can it be limited to the actual vehicle? I'm sorry. Like, and I'm now I'm thinking, okay, this is not an unpaid political advertising, but the weather tech people that they say that they do it customized to your car kind of thing. Is there I don't even know if there's such a thing as car covers customizable to I I I mean I don't even know if they exist. I don't want I don't know either, but I mean I do know that they have the RV covers that are, you know, that are that are large. It'll cover a commercial vehicle with a roof with a roof rack and it'll cover all the sides. It'll cover properly and it's uh definitely much more attractive than than a than a roof tarp. You know, no RVs are allowed. No, no, no. I'm talking I'm talking about commercial vehicles like if like if the person has a let's say they're an on call plumber and they they have to come home and bring that truck that van home. This ordinance allows them to cover that van overnight as long as it's covered. But what we're discussing now is making sure that it's covered appropriate to have large van is a little little bitty motor home basically what it is. Are they allowed? Nope. No, they're not allowed in the neighborhood. They're not allowed to under this code. If they have it there, they'd have to have it covered. Correct. Okay. Yeah. All right. So, the what I'll take from you is we'll we'll work on maybe strengthening that language with regards to the cover. And you could include the uh the word tarp. I guess we can we can tarps blue or bright colored tarps. Absolutely. You know, I'm I'm really

afraid to to open up a small window of of u uh uh allowance or there's no allowance currently. It's already there. The ordinance is already there. That's what I'm afraid. And again, it's totally totally understood. Yeah. But and let me let me just speak to what you said about the boats. Um anything that was under the Graham development, even if the town wanted to allow boats, it could not. It has a it has a land deed that is not allowed to have that. So the only people that would be able to have boats are people uh west of the palmetto and north of 87th Avenue and then West Lakes. So the those are the only folks that are allowed to have boats. Um and then and those are our smallest um lots. Those are the ones where it's more challenging to fit boats and not be imposing on the neighbors. So, right. 87th 87th Avenue was not Miami Lakes until recently. No, no, no. It was always Miami Lakes. When when the city incorporated, I'm talking about when the city incorporated incorporated when they incorporated. Yes. Everybody incorporated together. But anything that was built by the Grahams or planned by the Grahams on the land deed, even if the town wanted to allow them to have boats, they cannot because there's the Yeah. because of the ACC that the and there's a deed restriction on all Miami Lakes properties that were built through the Graham uh program. So even if even if Miami Lakes decided the whole council said I want boats now one thing that uh that we started when I was on the council was the building of the bridge on 59th Avenue and making a a lot there for boats and for RVs and stuff like that. And I don't know what the status of that ad and is and I haven't looked into it in a long time, but that would give an res it was supposed to give residents of Miami Lakes top priority to

rent a space there if you wanted to have a boat or an RV and get it away and put it in the commercial side of Miami Lakes, which is the most appropriate area for it. I'm I'm 100% with you. Question. There was a question about that because on the approach for the uh landing strip, it's on the approach for the landing strip. There was a question about putting vehicles there in the approach area in in the previous in the approach area of Topalaka. Yeah. That's along 59th Avenue that you're saying would be right where 59th Avenue would be going in this direction. The approach for that runway is right through that. Right. Right. No, I understand. There was a question there, but the FAA, I believe, if I'm not mistaken, back then the FAA had already approved it. So, but we're getting off topic at this point. They're waiting for Opalakage airport. Yeah, we're getting off topic, Mr. Chair. All right, that would be that would be a problem. Just to answer that question, that's not allowed anymore. I mean, we've FA actually disallowed a lot of things that we wanted. We are able to build the road. We're still working on that, but no, no storage yard as of yet. Um, if you like the Do we cut the road by like the squeaky squeak of the skinny? Yeah. Um, Mr. Chair, would you like me to move on to the next item? We We got all your comments. We don't make a motion to approve. Yep. So, uh, I'll make a motion to, uh, approve the or recommend approval of this, uh, revised ordinance with the condition of better defining the vehicle coverings and not allowing tarps, uh, just commercial tarps. I'll second that. Yeah. Okay. Taking role for item 6 C with the revised ordinance and the conditions stated. Motion by Julia and seconded by Senra. Board member Julia. Yes. Board member

Deassier. Yes. Board member Leonio. Yes. Board member Cruz is absent. Vice Chair Rodriguez. Yes. And chairman Senra. Yes. The motion passes. So the next item that you have before you is online sales showroom ordinance. Uh and this item is creating for only fans or something. Uh it's creating a a new uh approved use uh in certain office uh low density office districts. Uh specifically one of the ones that this is going to be affecting is the area that's along Northwest 155th Street. Uh and what it is doing is that we're the uh ancillary uh use of an online store is to allow for limited uh persons to be able to view the sale items in a storefront which will not have any lettering. So it won't be advertised as storefront. I will be by appointment only. Uh it it's it's to allow that as an allowable use in low density office district. Now so Mr. So Mr. The attorney is already getting us in trouble because it's not a storefront. It's a showroom interior to the office building store. So that is not accessible from the street. So that it not it cannot behave as a retail space. A retail store. I know there there is one uh I guess where um um this dentist building is downstairs. The lady has right that they she sells online and it's all charitable uh things. Yeah, the RO13 would be that or is RO3 is residential? No, that's uh office. That's office resial office, right? A residential office. What what happens with a house? That's my question. residential office that the

dis the residential office district is particular areas including that 155 area and the part where the two hotels are 82nd Avenue and 87 that's the only one and oh and a couple of them in wellness there's no actual residences in any of the residential office district designated RO13 now if there was a single family home in a residential office district that single family home could be could obtain a change of use to be either an office and or function as an office. So it would be not necessarily just a single family home. That does that make sense? Yes. Yes. I just wanted to know that one. Thank you. And basically this is adding this use only in the residential office because it's already permitted I guess in other districts. Correct. In another the district it would be a retail store. Is there any condition as to what can be sold online and and and this use is already permitted as long as it's legal? No. Yeah. I make a motion to approve it. Well, it's not it's not legal. They want to make it legal. I guess right now what they sell what they sell they sell. Yeah. Right now retail sales are not allowed in any uh residential office areas unless they're accessory to like a hotel and you have a little convenience store inside the hotel. So that's why they're accessory uses to something else, right? So they they don't get to exist on their own. This obviously you don't want to have your residential office district to be overrun by retail, which is a higher um price per square foot, if that makes sense. Uh where the residential office district, because it's usually office space, is usually going for a lower um lower price per square foot. Right. So these smaller operations are trying to look for places where they're getting more bunk for the

back. So you have parking issues, you have uh foot traffic issues, you have you know you're creating a foot traffic situation for the neighbors that is not advisable because now you're eating into their um you know their their infrastructure as well. So it's it's not a good thing to like just open your residential office district to retail. What is a residential office? 155th Street. 155th Street where the dentists office are where between 82nd Avenue and 87. Is there houses there? No. Like like that area 155th where you have on this side and then you have the offices and then 154. That's the residential office district. That's one of them. We don't have any residences in any of our residential office districts at this point. There could be, but there isn't. Uh there mostly what we have is hotels because hotels are also allowed in residential office districts and a lot of office. I think that area there's a sun is safe. I don't think we can build anything else. It's pretty crowded and we have great parking in that area. Oh, just park in the middle of the street. Let me tell you from from a from a fire rescue standpoint, you can talk to the firefighters. The firefighters are super frustrated. Uh do they still have the diialysis center there as well? Yep. Yeah. And that was that's one of the biggest issues there with with with parking. People park in the street and then fire rescue can't get into the diialysis center. I'm okay with this the way it is. It it if if by appointment only I'm fine with it. So there's a motion on the floor to approve and a second as well. Okay. So calling the role for the online sales showroom ordinance as it was presented for item 6D. Uh motion by Deaseria and seconded by Senra. Board member Leonio, no. Board member Cruz is absent. Board

member Deacera, yes. Board member Julia, yes. Vice Chair Rodriguez, yes. And chairman SRA, yes. The motion passes. All right. So, u no other issues to uh discuss this evening. So I hereby adjourn the meeting. Thank you sir. Thank you gentlemen. Thank you sir. 12 sir.