Planning & Zoning Board - Regular Meeting

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I'm calling the zoning board meeting appeals meeting for Thursday, November 20th at 6 PM. Meredith, can you call the role? Jack A. Hawkins here. Nicole Henker here. Raphael Katz. Ray Labsky here. Michael McCormack here. Ouzi here. I need a motion to approve the minutes for October. Motion and then a second. Second. Second.

All right. Can you call the role? Jack A. Hawkins. Yes, here Nicole Henker. Yes, Raphael Katz. Michael McCormack. Yes, Joe Sakuzi. Yes.

Good evening. Welcome to the zoning board appeals. This is a judicial uh hearing. In a moment, you will be sworn in by Meredith. In everything you say in this meeting will be recorded just like a courtroom. When you your item is called, please speak into the microphone. State your name, spell your last name and state and address. After that, um Scott Israel will uh Scott uh well will um develop from our development services will read your report and the record and when we'll present your case. This will also um it be a public hearing and you may have people come to speak either against or for or attention petition against it. You have the opportunity for a rebuttal. To my far right is Scott. He's with the um city. Um and to my far left I have uh James Saunders, our attorney. and to my three three to my left and two to my right and myself are all volunteers. Um we all live in the community and we sit on the uh zoning board. Um, we serve with no compensation. And at this time, whoever is going to speak, um, Meredith is going to swear um, you in.

Do you swear or affirm the evidence you're about to give will be the truth, the whole truth, and nothing but the truth? Thank you. May be seated. All right. Um item one, Scott.

Um yes, for our first item, Mr. Chair, the applicant has requested uh just this morning uh a postponement to the December 18th meeting. This is application 25-170011 for a car wash. Um and uh it does not if uh the board will need to make a motion to move it to the December meeting. Um there will be no public hearing on it tonight because uh no public comment because uh the applicant has opted to postpone. Do I need a motion to movement? And Meredith, can you call the role? Raya Momsky, yes. Raphael Katz, yes. Jack A Hawkins,

yes. Nicole Henker, yes. Michael McCormack, yes. Joe Susie, yes. Number two item. Um, this is a uh special exception. Um, I don't know if the applicant is uh wants to come forward and state your name for the record. Good evening. My name is Mike Moddio. I'm with Keith. Uh address is 301 East Atlantic Boulevard, PMPO Beach.

Okay. And I'll give my report now. Thank you. Okay. So, this is a special exception application 25-170012. The applicant land owner is requesting special exception 228A1 of the PMPO Beach zoning code in order to utilize the subject property which is zoned I1 general industrial for outdoor storage as a principal use. The subject property is located along the west side of Blount Road which is of course northwest 30th Avenue approximately 1530 ft north of Dr. Martin Luther King Jr. Boulevard in northwest PMPO. The subject property was annexed into the city on September 1st, 1983 through House Bill 923 and has retained an Iwan general industrial zoning designation. The site was originally developed in the early 1990s as a vehicle emissions inspection station that was under P number 904692 following approval of variance appeal 91-22 for a 10,000 square foot facility. Um I should note that uh use variances are no longer permitted under Florida law. Uh statewide uh emissions testing concluded in 2000 and since then the building has housed several various industrial and service related tenants and is currently occupied by a roofing contractor. The applicant now proposes to redevelop the property to establish a lawful outdoor storage area at the rear of the existing principal building. Outdoor storage as a principal use is permitted in the Iwan zoning district only through a special exception which uh which is this application seeks. If approved, the applicant must subsequently obtain special exception uh site plan approval. Site plan application PZ number 25-120040

is scheduled for review by the development review committee on December 3rd, 2025. Staff is evaluating the site to ensure compliance with all perimeter buffer and screening requirements for outdoor storage per section 1554228 A3 of the zoning code. The site must also maintain a minimum 20% pvious area consistent with I1 district standards and the and address groundwater protection and storm water management through appropriate surfacing materials and drainage improvements. The existing building provides substantial visual screening of the proposed outdoor storage area from Blount Road on the east. The western edge of the site abuts an FDOT ride ofway easement which separates the property from the Florida Turnpike ramp on-ramp and provides additional physical and visual buffering. [clears throat] The site is located within the Turnpike Industrial Park, an area dominated by heavy industrial and warehouse uses. The proposed outdoor storage is compatible with the established industrial character of the surrounding area with required buffering, fencing, and site improvements. Staff finds the proposed use consistent with adjacent properties in the broader district context. The applicant has submitted documentation addressing all 13 special exception review standards, including the use specific criteria for outdoor storage as a principal use as outlined in the city's zoning code. Should the board determine that the applicant has provided competent substantial evidence sufficient to satisfy the 13 special exception review standards, staff requests the board include the following conditions as part of the order. One, the applicant shall obtain all necessary governmental permits and approvals, including but not limited to site plan approval, zoning use certificate, and a business tax receipt prior to the commencement of the use. Two, the

development shall be constructed in substantial compliance with the conceptual site and landscape plan submitted as part of this application subject to further technical review and approval during the site plan review process. Three, outdoor storage activity must remain fully screened at all times and be located on a properly paved surface. Four, material shall not be stored higher than the height of the screening. And the fifth recommended staff condition the applicant shall submit to fire prevention for re for review and approval a site plan layout of the outdoor storage area, fire department access, and water supply to the site before area use. And that concludes staff's report. and I am available for any questions.

Good. Can everybody hear me? Okay.

Yep. Well, everyone, thank you. Uh my name is Micodio. I'll be representing the applicant uh JD and IOS um on this special exception application. Uh JDN iOS provides outdoor storage solutions for a variety of industrial tenants across the US. They have brought several uh projects to the city. uh which um we are in for site plan approval on uh one of those. Uh the other is uh close to the end and receiving a minor site plan approval uh for the same type of project, same type of use. Uh so tonight we're seeking approval to add outdoor storage as a principal use to an existing developed industrial site located at 1621 uh Blount Road. The project is located in a predominantly industrial area. Uh the existing adjacent industrial uses uh include uh similar uses to manufacturing, wholesale, distribution, and u maintenance uses. Uh this site is of particular interest because of its close proximity to the Florida Turnpike um via uh MLK Boulevard. Here's an aerial of the existing site. It's located in an I1 zoning district. It was previously approved in the9s for a vehicle inspection station. The site features an existing one-story building, existing parking located in the front and existing pavement in the rear. Uh throughout the site, there are mature vegetation uh that is existing and will remain. We're requesting outdoor storage as a principal use as the uh proposed outdoor storage area is exceeding 35% of the existing building square footage. Uh this application would be allowed by special exception in the I1 uh district.

We do have a concurrent minor site plan application uh in at the city for DRC. It is in review and we're expected to have the DRC meeting uh in December. The existing warehouse building that's located on site will remain with the out storage loc outdoor storage located in the rear of the building. Uh there will be minor parking lot and landscape improvements associated as required by the land development code. We'll comply with all the zoning district regulations of the I1 as well as the use standards of outdoor storage uh including outd uh storage height and screening requirements associated. will comply with the minimum parking and landscape requirements and previous area requirements of the code. We aim to ad uh minimize adverse visual and noise impacts to the surrounding area as uh the the outdoor storage use will be located toward the rear of the building and will be adequately screened. We feel this this use is appropriate for the site and that it's a reuse of an existing uh developed site utilizing existing infrastructure such as the existing building, existing utilities as well as access. Our project will support the surrounding existing industrial uses and will be compatible with surrounding uh character of the adjacent lands. Here's a conceptual site plan. Uh it shows the existing building located in the center with existing parking up front along Blunt Road and our proposed storage is located at the rear. We'll infill the existing landscape uh to comply with screening and land development regulations in addition to the existing mature trees that are on site. We'll have perimeter opaque fencing around the uh exterior perimeter of the site as well as a masonry wall requirement as required uh by the buffer screening standards along Brown Blount Road.

That concludes my presentation. I'm happy to answer any questions and the applicant has no issues with the conditions of approval listed in the staff report. Is there anyone that'd like to speak for the petition? Is there anyone that wants to speak against the petition? Okay. Close to the audience. Um board discussion.

I have a a question. What is the kind of materials that you're storing out there? Sure. So the uh the client has hasn't secured a tenant just yet. They're still in contract negotiations to purchase the site in which uh this this approval will be essential to move forward with that. Um, so they haven't secured a tenant just yet. Uh, but typical tenants, uh, may be a contractor who's storing storing materials on site. Uh, it could be, um, uh, other, uh, um, equipment rental facilities that that may, uh, be a potential tenant. Um, they still haven't narrowed it down yet.

Any raw material type stuff, chemicals, drums, anything like that? I'm just trying to get an idea. or is it just for actual equipment? I'm not sure at this point. Like I said, they're still trying to narrow down attendant for this site.

Any hazardous material licenses? Obviously, we'll have to go through and obtain those necessary approvals. Any other questions? Need a motion. A motion in PNZ case number 2517 00000012. I move we find there is competent and substantial evidence in the record that all the requirements for granting the special exceptions have been met and that we grant the special exceptions subject to the five conditions requested by staff. I'll second.

Meredith, can you call the role? Jack A. Hawkins, yes. Nicole Henker, yes. Raphael Katz, yes. Ray Labsky, yes. Michael McCormack, yes. Joe Sakuzi, yes. Fast. Thank you very much. Thank you. Next one is a variance Tom Mason. And this is variance 25-1100000019 for the project at 627 to 631 South Dixie Highway East.

Justin Galinus 627 South Dixie Highway East Bmpano Beach, Florida 33060.

Okay. Thank you, Mr. Chair. The applicant land owner requests the following variances from the PMPO Beach zoning code. One, the first is from section 155102D1, which are the minimum number of off- streetet parking spaces to reduce the required number of off- streetet parking spaces from 11 to 3. The second request is from section 1554219 A2A, which are their standards for the sale or rental of vehicles. and this is to allow an outdoor vehicle display area of 3,000 square feet in lie of the maximum 500 square feet permitted by code. The property is located on the west side of northbound South Dixie Highway between Southwest 6th Street and Southwest 8th Street. The subject property uh developed in the mid1 1970s as a warehouse through permits 3320 3321 consists of two lots in the raceway center subdivision. In December of 2024, the zoning board of appeals granted a special exception that was PNZ number 24-170010 permitting used automobile and light truck sales with outdoor display. Um, that was Lexis Auto Sales. With 100 ft of frontage along South Dixie Highway, the site is limited to a 500 square f foot vehicle display area. Following approval, the applicant determined that 500 square feet allows for the display of only three to four vehicles, which is insufficient for their uh business operations. The applicant is now requesting an increase to 3,000 square feet of display area, which would accommodate approximately 30 vehicles. Due to the limited space between the building and the front lot line, the applicant is also requesting a reduction

in the number of off- streetet parking spaces from 11 to three. Uh, parking spaces used for vehicle display cannot be counted toward meeting the minimum number of off uh off- streetet parking requirements. The applicant asserts that the actual parking demand for customers and employees is significantly lower than what the code requires. The property has an open code compliance case that's 23-09003796 for various violations related to vehicle storage. Fines are running and a lean was recorded on September 12th of 2025. And while the applicant contends that the strict adherence to the zoning codes, parking and outdoor display standards would unreasonably restrict use of the property due to its size and configuration. Staff does not find that the request represents the minimum necessary relief to allow reasonable use of the land. Uh should the board determine that the applicant has provided competent and substantial evidence demonstrating compliance with the eight variance review standards, staff recommends the following conditions be incorporated into the board's order of approval. One, the applicant shall obtain all required permits and approvals from the city, including but not limited to building and zoning compliance permits prior to commencement uh of construction or site work. Two, a detailed site plan shall be submitted identifying the dimensions and configuration of the vehicle display and off streetet parking spaces. Three, all vehicles on on display shall be operable and free of visible damage. Wrecked, junked, or dismantled vehicles are prohibited. Four, vehicle loading and unloading shall occur entirely on site.

No portion of the operation, including vehicle storage or display shall impede or interfere with the normal flow of traffic on South Dixie Highway, the adjacent swale or the public sidewalk. And the fifth recommended staff condition, the applicant shall submit to fire prevention for review and approval a site plan layout of the outdoor storage area, fire department access, and water supply to the site before area use. Um that concludes my staff report but I just wanted to note two things. Um one these are two two requests to deviations. So you'll be voting on one is for you know display area size one is for the minimum parking requirements. So the board will need to consider each of these separately through a separate motion and a vote for each. Um secondly um I mentioned there were some code uh issues. Um Mr. AJ Praso of code compliance department is here and available to answer uh any of those questions related to the violations in the lean. That concludes my report.

Go ahead.

Thank you, Scott. Um good evening everybody. Uh thank you for having me here. I'm seeking these variances to operate my business to the fullest. Um, one of them is to reduce the number of parking spots down from 11 to three. Uh, my business doesn't operate with a lot of customers. It's mainly wholesale. A lot of stuff is online auctions and I never end up meeting the customers who buy them. Uh, so needing 11 parking spots would just be overkill, I guess you could say. Um myself, I don't personally drive and I only have two full-time employees which they park on the street on Dixie Highway in front of the build uh the lot next door. There's parking on the street. Um and you know, as far as the raising the size of the square footage from 500 to 3,000, I'm just trying to utilize the space there on the property. If you can see on the north and south side of the parking lot is where I would like to store cars and then leave parking there in the middle for customers and handicap parking spot. Um [snorts] I guess that that would be it. Okay. Is there anyone that want is for the petition that would like to speak? Is there anyone against that would like to speak? Okay. Or discussion.

I have a question. When when was the building purchased? Uh I I uh rent the building from Mr. Tom Mason. Okay. I've been renting it for two years. And has it always been used for the same purpose? Yes, sir. Since you rented it, I mean, yes. and and the the attendants before me did the same thing. So what about what brought about the need for this change?

Uh just that uh coach compliance had cited us before the people before did not have a special exception. I uh got a special exception. I did not know until we were here uh at this night or about a year ago that it was only 500 square feet. The lawyer that I was using at that time didn't notify me that uh which at 500 square feet I can't you know operate the business and afford to pay the rent of the warehouse. So you want to go from 500 to 3,000?

Yes, sir. and all the uh neighboring businesses all are automotive related or storage related.

And what are you going to be storing in there? Used cars. Uh just like Scott had mentioned, none of them will be wrecked. They will all have inflated tires and look up to par. I have a picture of the the place that I could show you if um if you'd like. You you said that uh question I have is you have you said that you would only need three parking spaces, but if you're selling cars, you're going to need more than that.

I in history I only sell about 10 cars a month retail. Uh the rest are sold wholesale through ACV auction, uh Treasure Coast auction, Mannheim, South Florida auction. Uh You know, those are all done dealer to dealer. This is a, you know, a picture of the business and how I would like to park the cars.

Go ahead. My my question I guess I have a bunch of them but one of the review standards is that the extraordinary exceptional conditions referred to in paragraph A are not the result of the actions of the landowner. It seems to me that the need for this exception is the result of the actions of the land owner. Meaning you're you're you rented the place the way the way it was zoned, the way it came, and you're trying to use it to expand your business. That would be the action of the land owner. And I'm I'm trying to get around that exception, and there's more, but that's the first one I'm getting to.

I'm just trying to utilize the space, sir. Um I get it. I'm But I'm bound we are bound by the variance standards. Yes, sir. Whether whether I like it or not, whether I agree with you or not, whether I feel bad or not, you know, I'm bound by the standard. That's why I'm asking the question. I'm I'm asking you how how how it's not the result of your actions. If you have an answer, I don't know if you do or don't. I guess it would be the result of uh me trying to be able to store more cars.

I'd like to hear from code to find out what's the issues are going. Please,

Spector Praso for CO compliance. Um, as Scott said, the case is running a singular violation for the outdoor storage of motor vehicles and commercial vehicles. Uh, so with the approval of the variance, it would it would rectify that violation so long as the storage is within the bounds of the variance. Okay. to a question. Um, cuz I'm looking how many vehicles how in in normal I guess in in that size property or on Dixie Highway, how many vehicles are do we allow now or or are author or are coded that are okay?

Our ordinance wouldn't allow the tandem parking that's occurring um and the display of the vehicles in the off streetet parking. It would have to be designated as a storage area. Okay. and or a a display area for the sale of vehicles, just to be clear. Thank you. You mentioned that you have two employees and they park on the street. Where's the on street parking there? Can it see is it visible on this picture that's up here?

No, you cannot. It's actually in front of the the business next door is um a storage for the body shop that's on the other side of Dixie. And there is uh four parking spots on the north side of it and one on the south side of it. They're on the street and staff actually identified the other issue. My next issue which is that uh the extent of the variance is the minimum necessary to allow reasonable use of the land. uh going from 500 square feet to 3,000. I think that's what it was, right? Yes.

How how is that the minimum necessary or is it uh just for you know the the what the cost is to run a business today and like to rent that warehouse. um enable to do enough sales, I would need to store enough cars to try to turn, you know, turn enough vehicles. Um but I mean I uh they're parked always parked vary in order and however you guys would allow me to do it, you know, I would see that fit as well. [clears throat]

I I have a question for uh code compliance also, if I may. May I I don't read a lot of these things, but uh [laughter] it looked like the the violation included abandoned, wrecked, junked, or dismantled conditioned vehicles. Did it or no? Or am I reading that wrong? Uh I believe that violation was dismissed in the at the hearing when it was presented. Do you know why or uh that I don't know. Uh more than likely they had done a review of the vehicles that were on site and determined that the violation was no longer standing. So at some point this is to the gentleman. At some point were there junk vehicles?

Uh no sir when they when they referred to abandoned vehicles it was if you could speak into the mic please. Because there was uh no license plates on the vehicles they classified them as abandoned since I did not have the outside display. Mr. Chair. Yes.

Um I just want to make sure the board and Scott maybe you can give guidance because I'm hearing certain terms thrown around when the item before the board tonight involves two things. None of which involves storage. Okay. The first item that that Scott has mentioned as [clears throat] being the applicant's uh request has to do with the number of off streetet parking. um and he's asking for um that to be reduced from 11 to three. Then the second item has to do with the display of vehicles in I believe that in front of this particular business location that is not the storage of vehicles but is the display of vehicles for purposes of sale. I'm assuming Scott maybe you can provide a little more clarity to

Yes, that's correct. So, the special [clears throat] exception for uh used uh automobile sales with outdoor display um permits this based on how much frontage you have. In this case, there's 100 ft of frontage. That means this property uh because of the special exception is allowed 500 square feet of display area for the vehicles for sale. Um the applicant determined that was insufficient for their business needs and is requesting more than that. Um and concurrently uh contends that there there's not uh the need for 11 off streetet parking spaces for for customers and employees. um which is what our zoning code requires based on based on the use and the size of the building.

And Mr. Mr. Chair, if I can follow up with that, uh, is there any kind of provision in our code in which he can store vehicles um that are part that are I think this came up during his prior hearing about the storage of vehicles that are in process or something along those lines. Uh well, the approval is for a a used car dealership that with with display. Um so presumably they all need to be functioning vehicles that are available.

I mean when I say that storage I'm talking about u because he keeps mentioning storage and I know the board has mentioned storage. So there may be a thought that all the vehicles that are being displayed, there are other vehicles that may be being stored. Is that possible? Or is the store meaning he's storing the cars that he's selling? Exactly. I'm sorry for the wrong one and the same that I'm trying to distinguish the items before the board. That's all I was trying to do. I'm trying to store the the vehicles that I'm selling the you know the displayed vehicles. I'm sorry. I use both words. Sorry. So, a car lot.

How many cars can you store in that 500 square feet of space you currently have? I would say about three. And I I hate to use the word store again. Sorry. [laughter] Can you display? It would be about three. All right. How many? Three. Three. And how many would you able to be displayed with your requested 3,000 square feet? It would be around 30. 30. Yes sir.

And and yeah, the question is how do you get 30 in there? Uh yes, sir.

So storing them and then moving them. kind kind of extra onto your question and then you're going to be going on to Dixie Highway to start moving these cars kind of I mean you have to move out of the way. How you going where you going to have room to move all these vehicles to get to if somebody wants the back car?

Uh you know the most you'd have to move is two and there there's uh plenty of room right there in front of the main door. Sorry, I'm so loud I can hear myself. Um, it comes down to kind of what we have said before that if it qualifies for for meeting the criteria that you've said before,

right? it. As you're considering this item, you need to look at those criteria standard or those standards review standards that staff has provided to you and be able to determine whether or not this applicant has met that standard. I the the reason I asked the questions initially was to make sure you understand the two things that you're reviewing for. First one has to do as he's the applicant has mentioned that reduction minimum. Yeah. going from the 11 to three. Um, as far as how many parking spaces off street that he need to provide as

this carries on says his business goes away and a new business comes in, this carries on to a new business that comes into that location. Well, no. No. Well, you mean as far as once if it's granted and he moves on that the special variance stays at that location? Variance does. Yes. This is a Is it a variance? Yeah, it's a variance. Variance. Yes, that would stay. The next business would only have three potential spots potentially. Does it does it have to or can we uh add the add add that we can not do it you know

that if he moves out we can go it can go back to regular. It's my understanding that variances travel with the land. Am I right? Yes. But uh this was uh based on the special exception. So if the use changes in the future, if there's a new tenant and the use changes, we would have to look into that to see if the because I believe that this is specific to the site plan and the use of uh use which was already granted

which is granted but if a new tenant were to come in with a new use, I I don't know if that if the if the varian would would

you might be right on that, Scott. I I did not realize that the the previous item was a special exception. The parking is what's got me is that there's only three parking spots and that he's using ones down the street for the employees on Dixie Highway. And in my mind, the parking and display of vehicles goes hand in hand because the reason you want those three spots is that so you can display the vehicles. I I get it, you know, but they do go hand in hand. What's what's what's the minimum amount of vehicles or square footage that you would need to to be viable?

It's a tough uh tough question to answer. I mean, I did it the way that it would look, you know, appropriate and, uh, still would leave, uh, parking accessible for the customer in that handicap spot that's right there. Um, but I'm, you know, uh, I don't know what the other options would be. I mean, I the three parking spots I would would always think, you know, I retail 10 cars a month. you know, the I mean, that's maybe one deal every other day, so I'm not that busy. Other people that would come by are the people that would actually take pictures of the cars for the online auctions. Uh besides that, it's, you know, there's not much traffic there.

There's not much traffic now, but if you're going to be adding cars, people are going to be seeing more cars and wanting to see those cars. So, traffic is going to get busier. Actually, I think the problem is it's like that now, which is where the code violations come into play, right? Yes, ma'am. So, the traffic was to be had, it would be have would be occurring because they're like this now, which is what has presented the code violation, right?

I pay a lot of money to try to bring traffic and there's, you know, the 10 car 10 deals a month is is really all I get. Um my concern is also with the parking spots. Um and you're having your um your employees park at another business location. Parking? No, ma'am. They're on uh public parking on the street. It's not in front of a business. It's in front of a storage yard that um actually rent parking spots inside of there from as well. So, it's it's not a a business that's open for the public. It's just a storage yard that's right next door, surrounded by concrete walls.

What do you rent those spots for? Huh? What do you rent those spots for? That's where the the cars that aren't uh you know, I only I only have four or five in there for the cars that aren't up to par that can't sit out there on Dixie would go in there. And what do you use the inside of the building for to fix them? Uh the the cars that are cleaned um you know the the more expensive cars would be inside the building,

but uh you know I change cars a lot. my my biggest issue, the most glaring one. I mean that the parking is an issue, but the most glaring one is is the standard of of the minimum necessary, which you acknowledge you can't really say what the minimum necessary is. And and unfortunately, it's your burden to to to show that and and I don't see that 3,000 is is the minimum necessary or there's any testimony to support that. So, that's that's what I'm trying to get my head around. I'm trying to tell you where I'm going.

The way that I see it, that would be the minimum. That's why I asked for it. Um, I just didn't I'm going to be honest. I did not know the proper way of answering that question. Have Have you done any kind of business analysis, any kind of studies to show that that you could present? No, sir. We have to do it in two different correct Scott.

That's correct. Yeah, there's two different uh code provisions that the applic Yeah. The minimum number of off- streetet parking spaces from 11 to three. Okay.

Need a motion on that. In PNZ case number 2511 00000019 variance parking spots from 11 to 3. I move we find there is competent and substantial evidence in the record that all the requirements for granting the variance have been met and that we grant the variance subject to the five conditions requested by staff. I second. Call the role. Jack A. Hawkins.

No. Nicole Henker. Yes. Raphael Catz. No. Ray Labsky. Yes. Michael McCormack. Yes. Joe Shakuzi. Yes.

It failed. Right.

Yes. You need a super majority. You need five out of six votes for a motion to pass. The next And then the next one would PNZ case number 2511 00000019 the variance of site expanding or exceeding 500 square feet to 3,000. I move we find there is competent and substantial evidence in the record that all the requirements for granting the variances have been met and that we grant the variance subject to the five conditions requested by staff.

I'll second it. Meredith, could you call the role, please? Jack Hawkins, yes. Nicole Henker, yes. Raphael Katz, no. Ray Leonssky, yes. Micro McCormack, yes. Roeruzzi, yes.

I think we need clarification. I don't know how that works. Scott, there's a there's a question uh that that that particular item is now passed.

Yes. So, uh there will be uh the onus is now on the applicant to show how they can still provide uh 11 parking spaces and have additional uh display area. Maybe it won't be 3,000 square feet, but you'll still need to provide the uh the off minimum number of off- streetet parking spaces. There are also remedies that we can discuss uh on Monday um uh when I'm back in the office about a possible administrative adjustment to perhaps re reduce it uh administratively a little bit not down to three but maybe down you know a few. Um so we the site plan will be a work in progress to um to allow additional outdoor vehicle display still providing uh more than three off- streetet parking spaces.

What happens with his like code violations and are they going to be on hold or

uh I will defer to code compliance for that. So, as I said, the case is currently running fines. What will need to happen is this process will have to complete where the where the tenant and the owner are able to show the areas of display and then the rest of this the sections that are the off- streetet parking. They they will have to be used solely for parking purposes, not storage, not display of vehicles, things like that. Thank you.

Not allowed to. We've already gone through that. at the chair's discretion. We open to uh reopen the item for additional discussion. Open up for discussion or the board's already ruled. That's so again it the board has already ruled. I I I would not suggest if the board has ruled that particular development order is already in process, right?

Yeah. Um, so that would be something staff can cover with the applicant to sort of work through that process uh based upon the approvals given. I don't want anything to possibly jeopardize that. Uh if there's some um as we've talked about before, if there is a complication that would require a motion for rehearing, something that satisfies that criteria of why he would need to come back before this body, the applicants fully, you know, can can exercise any of those remedies that may be available to them. Um, but as far as a continuation of this, um, and opening it back up, understanding the the board has already ruled, I would not suggest you do that.

I agree. Yep. Thank you. All right. We we have uh one more agenda. We have the the um dates for the meetings if you guys have it on front of you. Um zoning meeting is to the right. If all those dates, if I can get a motion and a second. Second. Meredith, can you call the role? Raphael Katz, yes. Jack A. Hawkins, yes. Nicole Hener, yes. Ray Labsky, yes. Michael McCormack, yes. Joe Sakuzi, yes. Meeting adjourned.

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