Board of Adjustment - Regular Meeting

Good evening. Good evening. The Board of Adjustment has just been called to order. It is 06:30. Catherine, will you please pass roll call?

Member Avondadolo? Here. Member Brito? Member Kral?

Present.

Member Pitts? Here. Chairman Enrique So to?

Here.

Member Jones? Here. Member Almira? You have a quorum.

Thank you. At this moment, I'd like to have a motion to excuse the absentees, Britoa and Almiria, please.

Second.

No, you can't make a Madam, Mr. Chair, I move that members Brito and Amarillo be excused from the 03/06/2024 You board

can second. Motion's been presented. It's been second. All those in favor say aye. Aye. It's passed. Britoana and Maria are hereby excused. At this moment, I really request our counselor if he takes the floor and actually sort the people in and tell them exactly who we are.

Chairman. For the members of the audience and the public, the Board of Adjustment, our volunteers, they're true public servants. They're not paid to be here today. They're here hear and decide applications presented by the city. And the board is not authorized to change the city's code. Only the city commission is authorized to do that. Decisions from this board require a minimum of three votes. If you don't receive those three votes, your item will not be deemed approved. These hearings are quasi judicial. That means the board will take all testimony under oath, and I will swear everyone in at the conclusion of my remarks.

The city will present the case for the boards for review, then you'll have every opportunity to present any evidence or testimony you will deem appropriate to prove your need for the variance. With that being said, if you have a case or plan on speaking tonight, please stand and be sworn in and raise your hands. If any of you who are sitting may speak, please stand and raise your right hand. If if you're not gonna speak, you don't have to stand. But if you there's a chance you may speak, please stand up so we don't have to do it again.

You swear affirm the testimony you give will be the truth, the whole truth, and nothing but the truth. You may be seated. Mr. Chairman.

Thank you very much, counselor. At this time, I'd like to hear also a motion for the approval of the minutes taken for the minutes of the meeting on 02/06/2025.

Mr. Chair, move for the acceptance of the 02/06/2025 Board of Adjustments

minutes. Any second? Second. Motion has been presented. It's been second. All those in favor for actually having our approval of the minutes for 02/06/2025 approved, say aye. Aye. Motion passes. We'll move right along. On the new business, on the new business tonight thank you.

On the new business, we have three presented variances, one by Luis Paoneza, another one by Mesilla and Richard Baez, and another one by Randy and Lee McLean. Luis Ponesa submitted a case, which is ZVR twenty twenty five-four through five. There are two motions and two cases. Manisia and Richard Baez submitted ZBR twenty twenty five-six. And Randy and Lee MacLean submitted CBR 2020 five-seven.

Basically, the way we will do this, I will basically present for record purposes each one of these variances. I will then request that the person that is representing that submittal comes forward, comes to the podium, sign the register with your name and address, adjust your microphone. And at that time, I will ask you if I have presented your case similar or if I made any mistakes in reading your case. I'll give you the opportunity to present your case to this board. We will have questions and answers, and we'll proceed to vote.

Therefore, Luis Paoneza, owner, submitted two residential zoning variances request to legalize an existing driveway at a single family residence located at 1279 Northwest 167 Avenue in the Pembroke Isles, which is zone plan unit development, or PUD. The property follows the PUD guidelines for a single family. These are zero lots. The guidance do not address front lot coverage right away, so the provisions of the City Land Development Code, LDC, are applicable. On 04/11/2024, the property was cited for work performed without a building permit.

Code case number 200040411202200055. Therefore, in 04/23/2024, we're going for almost a year here, the owner submitted a building permit application number RX24-seven860 to build the driveway at the property. However, the building permit application cannot be and was not approved as the existing work exceeded the limitations of the city land development code. As a result of that existing work, the property owner submitted two zoning variances, which I read at the beginning, ZVR twenty twenty five-four, to allow a 44 front lot coverage total instead of the allowable 40% front lot coverage for an existing driveway on a residential single family property zero lot. In addition, the second zoning variance was CVR twenty twenty five-five to allow also a 44% lot width instead of the required 40% lot width with existing driveway at this zero lot.

Also, so you'll know the applicant is aware and if it's not, it will be aware that the board consideration of residential variances request does not preclude the property owner from obtaining all necessary developmental related approvals or permits. The subject property is in Pembroke Isle. The owner provides a copy of the owners association HOA letter dated 04/27/2024. At this moment, I'll take a little recess there and mention, yes, we do receive your HOAs. Yes, I know for a fact that the HOA actually dictates everything within your residential complex, that if you don't do that, they'll put a fine on you.

They'll call on you. They'll do everything to make life a little bit difficult for you. So therefore, however, I'd like you to understand that this war does not actually bend a knee to the HOAs. We do listen, but these are self standing cases which basically pertain to the codes and the regulations of the city. We don't have anything to do with the HOA, but we listen.

But you better pay attention to them also. All right? Having said that, I will then move along here because there was a note that I found written also and attached to the request. And it was addressed to whom I may concern. As requested, I am applying for a variance for favor extensions and apron extensions to my primary residence at 1229 Northwest 167th Avenue, Pembroke Pines.

The HOA approved them both. The reason for this request is because the person mentioned that he is disabled and needs steady surfaces to enter their house. And he can be reached at the following numbers, which he does offer that. And I'm pretty sure that our staff has that number. Having said that and having looked at the plot plan and the photo that is attached to this and a few letters from the homeowners associations as well as the notice of violations and the summon to appear dated foureleventwenty four.

So at that moment, I will request that Mr. Luis come to the podium or the representative and basically explain the situation, as I mentioned in the start of this meeting. The first question that I will ask you and you can respond to me once you sign and have the mic set up for your height and respond the question, have I presented the case that you're presenting to us in a correct manner, or have I made any mistakes? Turn it on, please. There we go.

You are correct.

Thank you. All right. Having responded that I didn't make any mistakes, I've tried.

That's correct.

I will ask you, sir, if you are so kind and present to this board as well as to myself the situation that you have in hand and why you precluded from obtaining a permit, I don't care because that's what you're doing. But basically, why you're here in order to basically request that variance, if coming in a year back, you would not be going through the exercise that you're going through. So therefore, having said that, please, the floor is yours.

Okay. Well, in 2010, I installed pavers. I got ACC approval from my HOA.

Can you actually adjust this so we can hear you a little bit better?

Can you hear me?

Yes, sir.

So I did apply for my ACC approval, which I got from the HOA. That was in 2010. And fifteen years, fourteen years went by, and I never knew there was a permit necessary because I was actually told that this is just that you have to get approval from the HOA, which I did. I haven't heard anything about this until 2024 when I got a summons that I needed permits and that it's actually not of code. But again, I don't know the law.

But I just got an ACC approval because that's what I was told by my HOA. And this was going back fifteen years. And I was told since then that laws have changed from when these pavers were installed till present, where there was no permits needed. So I don't know where I stand. That's why I'm presenting this to you today.

All right. I've been on this board for twenty years. We have laws that go back further than that even before I even started in this board. I moved into Pembroke Pines in 1995, and they still had laws. Of course, they didn't have that many residential complexes around the vicinity.

And therefore, it was in the old portions of Pembroke Pines. However, just so you'll know and I'm pretty sure you'll always remember this even if you actually want to do anything in your house what I mean anything you're going to have to request a permit. So that is a given law. From that, that's the only thing I want to say about that. So therefore, the other question is, is that the presentation of your case?

Because I have read here that somebody also needs assistance based on the fact that

DELL:

who's the disabled person? That's me. All right? And so you're still disabled.

GREGORY Oh, yeah.

GREGORY And you need a steady surface.

Yeah. That's why I

enter your house. Do you drive?

GREGORY I do drive.

GREGORY Do you park backwards so you can actually get off and go into the extension that you made? Or you just have an opportunity to walk around in a hard surface?

GREGORY I have an opportunity to walk around a hard surface wherever I choose. There's two parking spaces.

Before that, you would actually go into a mud puddle or hole or the grass?

Sometimes mud. If it did rain, it's grass and it's unstable. And again, that's the reason I installed those pavers.

Understood. So having clarified that situation, I maintain the right to ask you a couple of questions at the end. But right now, I will ask the vice chair of the board, Member Kroll, to basically take the floor.

Thank you, Mr. Chair. Without regurgitating what you just said, I agree with everything you said prior. I just wanted to make a basic statement to staff about a good year ago. The percentages was 35%, and we requested a increase of 10%, which we were given by the commission.

Now in the current condition, we're seeing many applicants are coming. They have two and three generations in the same household and multiple car users. And some of the homes were built fifty and sixty years ago where the car is a lot smaller. Mister chair elected, at this beginning part, offer the next time we have a chance to speak to the commission to ask for another increase so the staff would not have to go with a 40 to 44 or 40 to 45 increase before this board to allow them the option to be able to make the decision without having to bring that small increase to the board. Because I know that over a period of time, it's a cost and also a little stressful waiting for this committee to appear.

But to the owner, as mister chairman said, everything you do outside your home requires a permit.

Yeah. So that's my that's my fault. But I went for the guidance of the HOA. I asked them what is necessary to install these pavers back in 2010. They just said you need ACC approval. They actually did say there's no permitting needed. Now, I'm not saying that's not an excuse for me. But that is what they told me. And I've never been cited before in the fifteen years.

I have another advice, which I usually give this to when I'm offering CEU courses to my colleagues, engineering contractors as well as architect or other persons that will require to have their licenses or certification extended. In the process, I usually say, what is the name of contractor in Spanish? Basically, they always come out and say, And basically outstanding. That is correct. Now if we divide that in syllables, If I switch that to English, it says, against you, they are.

Please keep this in the back of your mind, all of you, because contractors, we're in a free competitive society where they want to make a bug and sometimes quite easy. So therefore, remember, you do a job at your house, the responsibility is yours. It's just like the commander in a unit of the army or the air force or whatever. The buck stops here. The buck stops there.

All right?

I understand.

Having said that, please proceed. I'm done, sir. Thanks.

Member Pitts. Thank you, Mr. Chair. Just two quick questions. So we have some photos that are here. How many vehicles are at the home?

We have four vehicles. Now, my sons, there's four vehicles.

And I'm assuming, is those vehicles do they park on the street or

are they

parked in

the garage? Park two of them on the driveway and one on the swell and one in that space where the pavers are.

Okay, understood. And how many people are in the home? GREGORY Four. GREGORY Four. No further questions, Mr. Chair.

I'll draw your name. Member Holmes?

GREGORY Thank you. Actually, my questions were asked. Thank you. So I'll pass.

Member of Ondonado, the floor is yours, sir.

Thank you very much for being here. I don't think you did anything wrong. Think you received misinformation from your homeowners association. I think your contractor didn't want to pull a permit because he wanted no information.

Actually, I installed the papers myself.

Well, I'm telling you. I think you're fine. I'm sorry you're here for 4%. Get the permit. Get it right. You'll be fine. Thank you for coming in front of us. And you won me.

GREGORY DELL: Okay. And since then and I apologize. But I actually No. GREGORY I did get the permit. I did apply for the permit and paid for a permit and the variance for today. I don't know if you guys see that, but I do have receipts for that.

Understood. I understand you did mention that you're here to basically also look for the variance that will basically legalize your work and also perform any corrections within the area that you have just completed. So having said that, I will ask now, are there any other questions from the board? Having none, are there any questions from the floor in front of me? Having a negative answer on both, I hereby request that a motion be given to have ZBR twenty twenty five-four approve as noted.

Mr. Chair, I'd like to make a motion that ZBR twenty twenty five-four to allow 44 front lot coverage total instead of the allowable 40% front lot coverage for an existing driveway on a residential single family property, zero lot line under section 155.301 variance one c.

See. All right. We have a motion. We had a second by member Abondo Nado. Therefore, having no other item to discuss regarding this case, this zoning variance, I hereby request Catherine need a headcount for this vote, please.

Member Pitts? Yes. Member Abandantolo? Yes. Vice Chairman Kroll? Yes. Chairman Rodriguez So to? Yes. Member Jones? Yes. The motion passes.

Thank you very much. Mr. Ponesa?

Yes.

Your Oh, I was already going to leave another one behind.

You would have to come back.

Oh, and then you would have had to come back and then pay the man $300 again. So therefore, having said that, I hereby request a motion for ZVR $20.20 five-five be approved as noted.

Thank you, guys. Appreciate your help. Hold on a second. One more

One more time.

As a chair, I'd like to make a motion that ZVR twenty twenty five-five to allow 44% of the lots width instead of the required 40% of the lots width for an existing driveway on a residential single family property zero lot under section 155.301 variance 1C. Second.

Motion has presented. It's been second. Catherine, will you please pass roll call?

Member Pitts? Yes. Member Ramadandolo? Yes. Member Kroll, Vice

President of Board? Yes.

Chairman Ramu Kisoto? Yes. Member Jones? Yes. Motion passes.

All right. Now you're in law.

Have a good evening. Thank you.

You're welcome. Have a good night. Following right through, we have our second zoning variance presented by Vice Richard M. Mencia of 1528 South West 191st Avenue, Pembroke Pines. And the zoning variance is ZVR2020.

Now the same is requesting a 45% front lot coverage total from the required allowable of 40%. And I will now please sign. And I will present what I have here for your case, which is you, Maci Abayas, owner submitted a residential zoning variance request for a proposed circular driveway at the single family residence located at 1528 Southwest 191st Avenue at the Encantada neighborhood, which is zoned single family residential. On 07/23/2024, the owner submitted a building permit application, RX24-eight633, to build a circular driveway at the property. And the permit cannot be approved.

As he proposed, work exceeded the limitation of the city LDC. Therefore, having done that, he came back to see us. And he submitted the variance that I just read, $2,025,006, to allow a 45% front lot coverage instead of the allowable 40% front lot coverage. The applicant is aware that the board consideration of residential variances does not preclude the property owner from obtaining all necessary developmental related approvals. As I was going through and reading your case, I also found that the permit application is in progress for permit RX20633, based on the allowable approval of the submitted variances.

However, again, according to the survey of the property, the total front lot coverage was seventeen thirty four square feet. And the city zoning code 155.6 permits a maximum of 40% front lot coverage. However, in order for the driveway to function properly functional and accommodate the parking for their household vehicles, it needs to be at least seven eighty square feet extended. This resulted in a coverage of 45%, which exceeded the city requirements. And for that reason, they have submitted the variance and it's in front of our board.

I have here also writing requests of the variance of the driveway submitted by Richard and Mesilla Baez, which basically are basically mentioning approximately the same things, mentioning that the HOA approved their request. And they have another one here that the Encantala Pembroke Pines Architectural Committee also approved the application using Jen Pavers and an old Miami mix. I have here also the record survey of the property as well as an adequate breakdown of the driveway square feet, the approach that was built, and the patio, etcetera, etcetera, and an adequate presentation sketch of how this would look. It has a width in the driveway of 17 feet, which actually comes down in the curve to 14.9. And right there, it goes down to 10.3, 11.3, then it goes out to the road, which is an excess width of 15 feet.

So therefore, the question that I have for you, sir. Have I read this or have I made any mistakes in the presentation of your case?

Everything is correct.

Thank you very much, ma'am. At this time, I grant you the floor so you can make the presentation to this board. Please adjust your microphone so it can actually be adequate for your tone of voice or whatever. And we stand here listening to you.

Thank you for having us here. According to the survey of our property, the total front area is seventeen thirty four square feet. And the city zoning code permits only a maximum of the 40%. However, in order for the driveway to function, like you mentioned, properly and to accommodate the parking of our household vehicles, it needs to be at least seven eighty square feet. For this reason, it's that we are applying for the extension of the driveway to make it circular and be able to park our vehicles properly and safely.

So we had to submit this variance application because our paper contractor, couldn't move forward because of the size. And we just were unaware that there was a specific size limit that is so close to what we really need for our household. So we are respectfully requesting this board to grant the recognition of this variance and has allowed us to approve this so we can safely have a driveway to function for the parking of our family needs.

Oh, thank you. Is that be all, sir? Ma'am?

Yes. I mean, I think that will be it. I also have my mom that she she leaves with us. And she requires a caregiver to come like three, four times a week to the house. So we have an additional card that parks over in the street. So we have so much conflict. So we don't want to just overwhelm the association because they also are enforcing the parking rules. And we also want to be in compliance within our community. We don't want to be in trouble as well. We have already been they issued some warnings to one of our cars because we were not properly parked or was not in a driveway.

So we're going through stress as well on that side.

And you don't have any golf carts, I presume? No, sir. It was just a thought, you know? Yes, ma'am. Would that be all for you?

That would be all.

And knowing Encantada, you don't have

many, DELL:

if any, visitors parking area along the vicinity of your in order to basically make use of them. Is that understood?

That's correct.

GREGORY That is correct, also. And they don't allow you to park in the curb because supposedly if the emergency first responder vehicles come along, first of all, before they actually push your car out of the way, they will give you a very nice fine of approximately minimum of $400 Which is what it costs. Said that, and you have just presented your case, I will reserve the right to make any questions or ask any references or clarifications to what has been said here tonight. So therefore, having said that, I leave the floor for our vice chair, Mr. Carr.

Thank you, Mr. Chairman. As I said earlier, families are growing. Find yourself two and three different generations in the same household. And I don't know if you said this earlier, but I think you have five vehicles in the family.

Yes, sir.

Thank you very much. No further questions, Mr. Chairman.

Okay. Moving right along. Member Brits? GREGORY No questions, Mr. Chairman. GREGORY Madam Holmes?

GREGORY How many cars do you keep inside the garage?

Just only one because we have SUVs. They barely feed properly in the garage. The garage are configured very smaller every time. And only one car from the car that we own can feed in the garage. So meaning like four cars are going to be out.

So you keep one regularly in the garage and then the Well, that's a lot of cars.

Yes.

That's where we are.

That's my only question.

Good. You're good to go.

Thank you.

Okay. No further questions from the board. The audience, do we have any questions or would you like to actually participate as a concern to this case, please? Having none, I would like to have a motion presented

I'll make a motion.

To this board. Go right ahead.

Okay. I recommend I make a motion that we approve ZDR twenty twenty five, yes, six. Approve the 45% lot coverage total in lieu of the 40%. I recommend we do it under section 155.301, section C.

GREGORY Did anybody second that?

Second.

GREGORY The motion has been presented. It's been second. Catherine,

will

you please have a roll call?

Member Ambanadala?

GREGORY Yes.

Vice Chairman McCall? Yes. Chairman Morby Kisotto? Yes. Member Pitts?

Yes.

GREGORY passes.

GREGORY All right. Your motion has been approved by the board. Any further conversations with our staff members so they can actually guide you? And then you move from there. Thank Thank you, and have a good night.

Thank you so much. God bless you all.

Thank you. Moving

right along. Say again. GREGORY No.

So

right now, we'll move right along for the next zoning variance, ZVR twenty twenty five-seven, submitted by Mr. Ford McLean and McLean Randy. They resize at 20809 North West 17th Street at Pembroke Pines. And therefore, they're basically requiring a request for a seven foot eight inches rear setback for a proposed 35 and onetwo roof deck structures, which is attached. The required allowance is a 15 foot rear setback.

Therefore, having said that, Lynn McLean, owner, submitted a residential zoning variance request to propose a new roof structure for the property located at 20 Eight-nine Northwest 17th Street in the Chapel Trail neighborhood. It's on the Hidden Lake subdivision, which is zoned at planned unit development. And therefore, the property follows the guidelines for a residential single family zero lot type S4. The applicant is proposing to build an approximately 35 and onetwo by nine and onetwo roof structure included in the rear wall attached to the rear wall of the house and chapel trade. The guidelines for a zero lot property requires the attached structure to be built within a 15 foot rear setback per the property survey.

The house has built and rests on a 15 foot away from the rear property. The petitioner is specifically requesting that under CBR twenty million two hundred fifty thousand and seven to allow a seven foot eight inches rear setback along the segment of the rear property line instead

of

the required 15 foot rear setback for the proposed 35 foot, six inch by nine foot, nine inch roofed structure attached to a single family residential under a zero lot. Therefore, having read that, I also am in the process of going over the requirements. Have view write ups. And one of them says that the variance is requested for a residential corner lot in Pembroke Pines where the existing zoning code requires a 15 foot rear setback. The homeowner wishes to construct an aluminum insulated panel patio cover attached to the house, extending over a concrete slab.

Given the lot constraints and maintaining the required setback would make the structure impractical, significantly limiting the function ability of the outdoor space. The proposed structure will extend seven feet eight inches The request allowed the homeowner to utilize the backyard efficiently as he requires a setback makes any meaningful outdoor living space difficult to achieve. And therefore, they're asking for the approval by this board. However,

I was very,

very taken and I kind of enjoyed reading the city planning and zoning department. And the subject that was written on this letter was Variant's request to cover the patio and concrete slab. And it was directed to Christian Samora. It basically talked about their hardship and justifications. Additionally, the project would give them and improve their liability and accessibility, would actually improve the increased safety for the children, also prevent property damage, also enhance property value aesthetic appeal, and mitigate energy costs.

Also, they're requesting the approval because the accessory to the structural dimensions of the proposed patio door would be 35.5 feet wide attached to the house. And it will insulate also the panel roof, but also actually maintain the interior a little bit cooler. Yeah, you didn't put that in here. It's a thought. The setback modifications also talk about the concrete slab, saying that in addition to the patio cover, they requested approval for the lot to the Association for a Concrete Slab, which is essential for the structure stability and safety, meaning wise that they would have to meet the required depth for the footings, etcetera, etcetera.

And also community considerations, they would have a nonobstructive view to create privacy for their family, no interfere with drainage patterns and caused by our mental concerns, And they will align with the community aesthetic and structural integrity. And it was signed by Lee for McLean. Also, they have their waiver from their HOAs and development permits. And also, the plot plan and the map of the boundary survey is very well delineated and very clear for us to observe. Have I presented my case and did I make a mistake that you would like to correct?

No. You presented correct.

Now I will issue and give you the floor for you to basically make the presentation to the rest of the board, please.

The home is on a corner lot, which has the main accessory street for the development, as well as to the front where the driveway is. That is also a street. So where the front door is, the side lot to the road, the kids can't play there. The cars are flying past. So the safest place is towards the back where there is no shade, there's no cover, and it's a slab that's the size basically of a doormat. So we're asking for permission for the structure there. In addition, my mother-in-law is now living with us. My father-in-law passed away about three months ago.

I'm sorry.

Thank

you. She's from a tropical climate, so she's not used to being in AC 20 fourseven. So this gives her access to the heat that she so desires outside without being in the direct sunlight. So that's part of the purpose of why we're doing that. And previously, I think about three years ago, we had to put in a permit to replace the back door. Because it's exposed to elements, the water gets in and creates issues. And that's another thing that we always will have to continue doing because there is no protection to the back of the home. So those things, in total, are the reason why we're applying for this variance.

All

right. We hear you. Thank you very much. Now, I reserve the right to basically request some clarifications or ask any questions at the end of this. But right now, I will pass the floor to the assistant chair, which is Mr. Kroll.

Good evening. I'm looking at I have a concern about the 35 foot length. You say other homes have a similar feature?

Yes.

My concern is and it's more so for covering. Have you considered a smaller setup?

I have. But I will tell you this much. The home directly across from us, which is also a corner lot, is the same model with the same setback, the same structure. So I'm not asking for anything that hasn't already been done before. It's already in place in that development.

And this board also concerns with the fact that as one does it, many more will assimilate to the similar idea. That was my concern, looking at a reduced footprint because you'll save money on the structure, the footing, and the coverage. But since you are set on that length, I have no further questions, mister chair.

Member Britt.

Thank you, Mr. Chair. I'm just curious if there has been any discussion with your neighbor to the rear about the structure. And was there any comments or feedback or any concerns about water runoff or anything to the adjacent property that's behind the home?

I could tell you you remember when we had the flooding in October 20 Yeah. Okay. The flooding happens to the side where the street is, not to the rear. There was no collection of water in the rear. So that would not be an issue going forward. The way that it's built up, it flows that way.

And one more question. How long have you been in the home?

We bought the home in May 2013.

2013? No further questions, chair.

Thank you. Thank you. Yeah, you were talking about the water. It may have drained to the side or didn't puddle in the back, but you have grassland dirt in the back. You're talking about putting now a 35 foot slab of concrete over that.

That displaces all the water that would be absorbed underneath there is no longer it's got to come it's just got this small strip of land around it and somehow has to make its way to the side of your house, which already you said is where water accumulates.

Well, during that flood. That was like a once in a 100 year

that occurred. I was During

normal heavy rains? GREGORY Usually during local heavy rains, there is no settling of water because it is elevated in that section. That entire area is a section. It's the middle of the development. So it's the highest point. But we will have a gutter system to put it towards the side of the house, not to the back, for any settling to occur.

Okay. Okay. That should help some. And you have now there's a PVC fence between the properties in there. All right. It's just a large that's the only problem. I mean, it really is the size of it is the issue of a concrete slab. Did you consider something that drains differently? Because it's going to be an open porch, right? Did you consider pavers?

Yes. But ultimately, I wanted it to be a nice smooth surface, especially for my mother-in-law. She had a stroke a few years ago. So we want to make sure it's a nice steady surface. She can walk around without any assistance. But at the same time, if there is she's prone to stumbling. We don't want to create a situation in which she does stumble and fall.

Okay. All right. No questions.

Member of Old Amanda.

Oh, Here, thanks. First of all, my condolences. Read about your father-in-law. I'm sorry, really. I was looking at the numbers. So if you do 35 feet, you're only asking seven from this board because you're 15 feet from the setback. In order to be in compliance, ma'am, with respect, if you built this thing 27 feet, then you're you're golden. If you reduce the your 35 to 30 feet, you're only 12 feet, you know, away from compliance, which is board would bend for three feet. No problem. You need 35 feet.

If you will consider you know, like, everybody's concerned about this big slab in your backyard, and our biggest concern, believe it or not, is this thing called water percolation. You know, we're not getting flood. I I I accept what you told me. I believe what you told me. Only under extreme weather and not and anything goes in extreme weather. There's nothing you can prevent that. But I'm just showing looking at a few numbers unless I'm wrong. If you made this thing 30 feet instead of 35, you're 12 feet away from the setback. Just three feet, you know, rounding off to 30. You're 12 feet away from the setback. There isn't anybody here that's gonna say no to you. Okay? If you if you need the 35, we'll reconsider it. Absolutely. If you go 27, you don't even need us.

But if you go 30, you're only asking for three feet. You know, three feet away from a setback to be in compliance. And I mean no disrespect. I admire what you told me about your neighbor next door. Who knows what they did, what they didn't do, what they were approved, what didn't happen. Okay. We're not digging into their business. But I'm just showing you a few numbers. If you went 30 feet, you only need three feet from us. You're gonna get it. I mean, I would think you're gonna get it. I'm gonna vote to get it. But 27 feet, you don't need us. And 35 feet, you know, we have to have a conversation, which which we're having. But I'm with you. You're not gonna leave empty handed. You know, we're gonna fix this. We're gonna resolve this.

I brought the contractor

here to assist. To Oh, me. I thought you were a couple. I'm sorry. Hello.

My name is Eli Amore. I'd

like Did you to sign your name?

Yes. Sure. Before

you actually present your case as a contractor, I'd like to clarify a few points for my own state of mind. First of all, I did drive around this neighborhood. Right off the bat, after I finished counting, I was still only about a block, a block and a half, so actually completing my drive, I found 25 houses that have basically, let me go back. The rear portion of these lots usually is about fifteen, seventeen feet. They're very small.

Secondly, in making it a correction, if you're asking for a seven and onetwo foot setback, that means that your width of the 35 foot length, which covers from one corner of your house to the other, you still maintain almost eight feet in the rear back that has grass. You don't have a 35 foot flat going all the way back. It's just wide in the house. So therefore, after having driven around, I found 25 houses that either had a similar rear deck to basically mention it. And the ones that did not have it had a Florida room, which is basically over the pool or whatever.

So it seems that the entire residential complex have gone into that area and done that. So therefore, it's not a one case separate. It is a combination of the entire residential area that have basically done that due to the fact that their rear patio is only about 15 feet. So for that purpose, having done that, they only leave eight feet of grass area in order to actually play while you have an interior basically as a recreational room. That's what I observe.

So I present it to the board. So basically, you can basically visualize what this residential area is looking at. So having said that, you being the contractor, I have actually go back based on the fact that I said, Against you, they are. Basically, you might not fall into that category. But be careful.

We do only permit jobs.

So having said that and clarify what I saw as a presentation to the board and my colleagues, The floor is yours, sir. Give me your name and then go for

it.

Thank you so much. So I'd like to clarify a few things. First of all, there are lot coverage

What is your name again?

My name is Eli Amor.

Eli, okay. Yes.

And from a company that's called Pergolas and More, and we mainly do pergolas and outdoor areas. So first of all, I'd like to talk about their lot coverage. Except this concrete slab and their driveway, there is no covered area at all in the property. This is the only area that will be covered with either concrete or pavers or anything like that except the driveway. So it's only like you can also see the photo that was taken by Christian.

Can we see it?

Yes, please.

Yes, can I have Please give it to Christian, and he will pass them along? That way you won't have to actually exercise yourself more than you do on a day day basis. Make it work, Pastor.

He took those photos.

So

So this is for the in previous or lot coverage. So they are not even close to 50% or any of these numbers. The concrete side that we are proposing, it's

And I'll pass this over to you guys.

I don't if you can call it a patio. This is what they have right now. It's a small concrete right over the door, which is about three feet by four. I don't know if you can call it. It's really small.

You're going remove that and pour

it in.

Exactly. We'll extend it. Yeah,

they're to square it off.

But I actually want to clear something about the width because I think there is some confusion about the width and the size of this structure. So first of all, this structure is built is 35 feet in total. But if you see the you can see it on the map on your screen right now. So the area where it says 9.6, which for me, it's the right side, this area is actually built like the house and at the setback. If you see the blue arrow there, says 15. This is the setback. So for this area so we are not building it's not 35 by eight. It's just half I mean, half of it, it's actually 50%.

What you're saying, if it's not 35, what does it actually say?

No, it is 35 in width. But the projection is not the same.

Width, but the projection.

Yes, but the projection is Exactly. Not the

But the width is we're the setbacks on both sides, correct?

It is. It is.

But if you were to go 30 feet instead of 35 feet It will not change it. It wouldn't work for you? Wouldn't be in compliance?

It will be very small. Mean, we can do

Two and a half feet on each side. That would jammed.

The problem I mean, setback, it's not that we have a problem width. On The problem is in the projection. So if you can see the house the way it is, the right side of the house, it's right on the setback, meaning we cannot build anything there. And if we want to give up this area, so we'll be only able to do the left side, which is nineteen fifty five, which is it? That's the only area that we're going to be able to do. And also, we would have to end at the next wall, where it's a 15 feet setback. Sorry. Don't have something to show you guys, actually.

Can I explain something probably a little bit easier? We have a house that has a dimension in length of 35 feet. We have an exterior door, double door. French door that goes into a small slab, a concrete slab. That portion there is about four feet.

It's a single door.

That four feet will be covered. Now from that four feet to the end in the rear, you only have a slab of nine feet and a half.

So it's only nine and a half going length

At the shortest point.

At the

shortest point. Correct. So therefore, then you have to cover that entrance little hole that you have there, which is the setback, in order to basically come out from the French door into the slab. You have four feet, and then you have the projection of the terrace, which is nine feet and a half. Then you have a small overhang, which is about a foot and a half.

And from the slab to the end, you have the seven foot six inches, which is the other portion of the rear, which will be in grasp. In essence, that's what you're seeing basically. But you have to cover that small indentation or setback in order to actually give it a form that will be usable? Because I'm pretty sure that that's where they'll put a couple of chairs, and they'll put a big bidder back there and place So a

he needs that number for this project? GREGORY

Say again? GREGORY He needs

this number for the project. In order to complete this task and make this uniform and make it comply, he needs that.

GREGORY That is basically how I see it. So I'm just reading what I see in front of me, which would basically give you that. You. Having said that, am I a little bit correct on that?

I can clarify better, yes. So out of the 35 with 15 and onetwo the projection of 15 and onetwo is only nine and onetwo, like you said. It's only nine feet. And then the rest of the 19 feet has a 15

Okay. And as an obsess, what you're basically saying, we're going to cover the setback, and we're just going to basically cover everything. And overall, the distance from the border of the house is nine feet six inches.

No. Actually, projection from the house, which is the area that will be covered.

Without counting the overhang. Without counting the overhang.

Correct.

Yes. Yes.

We count to the post.

You've got to count it to the end poll.

Okay. So to the post is nine and onetwo, and then

you That's have what see I just explained to my staff. That basically has that's how you would see it. And you would see it basically in a three-dimensional, and it'll be eight feet high Correct.

But again, the 35 feet, it's not 35 by 15. It's actually half a bit. Sir, thank you.

I appreciate you making me see this vision because I couldn't see it. I'm not an engineer.

I can also show it to you here if you like.

Excuse me. I mean, the request is for a seven feet, eight inches rear setback instead of the required 15.

Correct. That's right. Got it. Don't get that.

I was messing it.

I just want to show one more thing that if we will not have any variance here, the right side of the house, we're not going to be able to bid anything. So we'll be only limited to 19 feet, 19 and onetwo feet in width without the virus. Again, because the 15, if you see my blue arrow, it says 15. And this is exactly the house sign there.

Yeah, that's what we just said.

You're taking the full width of the house.

Yes.

But 50% of it, it's only nine and onetwo projection, which

is DELL:

relatively small. I know 35 feet sounds a lot. It's very Okay. That has already been already understood.

Thank you. I hope

I'm glad

to see

you, Eddie.

Thank you.

Thank you very much. But remember Thank you. I really appreciate it. Contractor. Yes. All right?

And, again, just to clarify, because it appears that there's a discrepancy in the measurement, the request is for the rear setback.

Understood.

So the design, have to be consistent with the request, spread the variance.

Now they got the whole picture. As a matter of fact, they even sorted it in a tridimensional way.

I think we have a beautiful picture that represent how it's going to sit. Your projection? Yeah,

I wanted to see that.

Why don't you give it to

Yeah, yeah, yeah.

Hey, give it to Christian and Neil, pass it around.

May alter

my vote.

Next time, put all those pictures inside.

Gentlemen, we need one voice at a time, please.

Yeah. Those that did not have an extension like that, they had a Florida room. Okay. There you go. That's exactly what we just discussed here. You guys are good.

Alright, mister chair. You have to open it up to the public now.

Alright. Is is that is that your full presentation? Here you go, sir. Is that your full presentation? Yes. Yes. Yes. Yes. Therefore, having finished your presentation, having had our staff ask you a few questions, I will now ask the rest of the chamber if they have any other concerns. Having none, do you have some young man?

I guess not. He looked at his mother. His mother gave him the evil eye. But thank you very much at this time. I'd like to have a motion presented for ZBR twenty twenty five thousand and seven to be approved as noted, please.

Mr. Chair, I'd like to make a motion that ZBR twenty twenty five thousand and seven to allow seven foot eight inch rear setback along a segment of the rear property line instead of the required 15 foot rear setback for a proposed thirty five six inch by nine foot nine inches roof structure attached to a single family home resident under section 1.55.301 variance 1C.

GREGORY All right. Having had a motion, need a second. Mr. Chair, second. We had a motion. It's been second. Catherine, will you please have a roll call?

Member Pitts?

Yes.

Member Abandantolo? Yes. Vice Chairman Quarles?

Yes.

Chairman Robert Kisota? Yes. Member Jones? Yes. Motion passes.

Thank you, sir. Thank you, ma'am.

Thank you.

Please talk to Christian in case you have to actually do something else in order to move forward. At this time, having had all the cases, I would like to also bring forth one item that not you, please. One item that we have to take in consideration. By April 16 approximately, we have to have a draft of items that we would like to present to the commissioners as well as to the mayor of the city so that when June or July comes by Catherine, it's

June, right? It's June, yes.

Yeah, June. June is board night.

June, I go forward and you are all invited to the presentation that we offered to our commissioners as well as to the mayor of the city, of the work that we have accomplished throughout the year, and also present to them items that we feel that they should take in consideration in order to basically make our life a little bit easier. Please. I was very well surprised by what Heidi submitted to her commissioner.

To the mayor, to everybody. Everybody got

To everyone. So she basically took in consideration and presented to them something that we were going to be talking about to write.

Sorry, sorry.

That's all right. Hey, that's all right. So having read this, I believe, and having you guys having some copies of it, I believe that I present to the rest of the board that following this same thought should be a presentation from the entire board. Instead of just Heidi, we will also join her effort and present this officially in our report for June.

For

June. So Christian, you were going to bring something to us.

Yes. Well, that was number one. I will put forward that information in order to include it in the final report for the June board night. In addition, we've been approached by other property owners who have heard their cases, their requests approved. And for y, b, or c reason, they would like to ask for more. So you may see some of those property owners of those properties coming forward for second chance.

Okay. Now the question is for you as well as your staff. Do you have the name and the case numbers and what we came up with?

Can you repeat that again, please?

Well, you may let me let me answer that one, He can't give you that right now because it's not actually been presented.

Understand. But But when

it's presented, he will let you know what what those findings were because it's part of the record.

Yeah. I understand. This is this is how I'm going to be doing it.

Well, you can't really say how you're gonna be doing it until it actually comes.

I understand. But we have just like they do in court, I will say, if, we had a case like this, how would you feel that you would attack it?

No. Don't do that. Don't do that.

He wants to discover.

No. Don't do that.

No. And basically, would, like I said, we're gonna make this as part of our presentation for the June. But we will also, since I'm gonna be there and I'm going to be defending this whatever they say, if I don't have to defend it, I don't defend anything. But if they're going to throw us under the bus, I will present that. Because in this board, I take pride that we do not manhandle anyone and that we listen to the cases.

And as a team, we make determinations. And we are not here after anyone. We're here to basically perform our duties in consonance and representing the feelings and the vision that each one of the commissioners that we represent. And I will not allow anyone to basically try to manhandle this group that are here presenting and helping the city become a better place to live. So therefore, when you have the names, I want them and I want the cases.

Yes, that would be a part of the new request as they come forward. I just want to make you aware, inform you of

That way I'll be right.

That way

I'll be able to study and refresh my mind so I will be also speaking truthfully.

We're with you. We're with you. We're here to serve. Moving along, I just want to let you know that there's no applications for the April meeting. So more likely, we'll not have a meeting. However, we'll confirm that further. We have a few more days to receive applications. But I just want to keep you informed. Great.

Thank you. Well,

not necessarily. I mean, you wanted to use that time to discuss what we're going to do for board night further, so it would be April, because we would have to the board night meeting is the June. So we would have to decide, finalize what you're going to present on the May, by the May meeting, so that you'd be ready, have everything ready for June. So it's not that much time.

But by May, the report should be adopted.

So May, we need to finalize by

the new But government

we won't discuss what we're going to be talking about. We're basically mentioning those areas that are covered. We're not going to be discussing a rebuttal for what's been presented. What I want to do is I want to actually refresh my mind of the various cases that might be presented in order for me to be able to speak eloquently and intelligently of what we did during those meetings. It's not that we're going to be discussing them.

We already discussed them. We already took a determination. And they have the right to basically present it as a proposal for revisions of their case. And it's their right. So I'll just sit there and basically listen.

Right, no I was I talking

was If there's something negative that is spoken about this board, I'll ask for the floor. I'm not gonna go there and rebut them.

No, was not talking about this, I was just talking generally about board night, what the plans that we need

to And make when we they'll call us. Yeah, we'll be in the agenda and they'll do that and they'll call us and then eventually that will happen. But having said that, any item that I might speak to the commissioners as well as to the mayor are fully expressed right

here. I

would point out, too, that the current ordinance relates to both our board and the zoning board, zoning and plan. And I basically just ignored that they were involved because that's not my area of

Oh, they handle items.

No, no, no. Let me just finish my thought. So if you wanted to speak, Christian, if the zoning board had any thoughts on this as well and wanted to go in with us on it because they are included currently in the current ordinance. I didn't intend to ignore them. It's just No, not my

basically, have a different scope. They Even do handle certain areas, what they're for industrial or large concepts, which we used to have here. Mhmm. Our scope was cut, and it was divided. We have requested that those items be sent back to us, but they have we have done that for the last six years or seven. So basically, I'll limit ourselves to the scope. We'll handle the planning board later on.

Mhmm. Yeah.

Yeah. And if there's, anything, once you've had another chance to review it, anything to add or whatever, we can, by all means, do that.

Okay. Chris, I'm pretty sure, do you have any concerns or any questions regarding what I've just basically given you as a general

Lateral. You're here to provide a service. You have certain powers, certain abilities. You serve the pleasure of the commission.

All right.

I don't think we're clear on one thing, though. It looks like there will be no cases for April. But do you want to use that time to speak further about this and other items that you're going to discuss for board night?

The board night, they don't actually go in there and present their cases. They do it before.

No, I that. Been a part of I was the chair of the environmental board for a while. So what I'm saying is, since we have no cases in April, do you want to use that time administratively to discuss items for board night was what

I was getting at. We'll see what comes out of the draft that Chris and his people are going to write as well as Katharina. And we'll decide then about that.

But they don't do the board night presentation.

No, they don't do the board night presentation.

So that's what I'm asking about.

The data, the results, the actions of the board during the year

There's an actual report that comes through that we prepare.

It will transmit it to

the That's chair. A report that I use, and I present that.

GREGORY will present a

quarterly report.

Want to use April to work on that administratively

GREGORY And that's what I mentioned. They're going to be working on it. They'll send it to us. And send it to us. We'll make annotations or whatever. We give it back to them, etcetera, etcetera. But we don't need to basically meet, if that's what easier? You're asking. Is

Isn't it easier if everybody's in the

room? Well, let me take that in consideration, all right? Let me take that in consideration. You have about three weeks. Don't worry. Three weeks is a hell of a long time. But meanwhile, motion to anything else that we like to discuss? Okay. A motion to close the meeting. So moved. Okay. All those in favor? Aye. Meeting closed.