Board of Adjustment - Regular Meeting

Vice Chair Kroll?

Present.

Member Brito? Member Avan Nadelo?

Present.

Chairman Rabbi Kasotto?

Here.

Member Pitts?

Here.

Alternate Jones? Yes. Alternate Romero? You have a quorum. Mrs. Jones will be voting this evening.

At this moment, I would like to present a motion to basically approve the absence of the members that are currently missing, which would be what, Member Brito, Member Maria?

Second.

So I'll need a motion to excuse them.

I make a motion.

Mr. Chair, second. Motion has been presented. Has been second. All those in favor, aye.

Aye. Aye.

All those opposed, say nay. It passes unanimously. Also present with us is Christian Samora, senior planner, Julie Aldridge. And we have with us also let me see right here. Excuse me, We have also Planner's zoning technician Julie Aldridge Quentin Morgan, assistant city attorney and board secretary Katherine Borchman Orthrom, sorry.

At this moment, I will ask our counselor to please give us your thoughts, take the necessary oath, and explain to the people here what we do, please. Thank you, sir.

Before I begin, I want to thank everybody for coming out. It's a privilege to be sitting here working with this great group of citizens who are volunteers serving as the Board of Adjustment for the City of Pembroke Pines. They're here tonight to decide the applications on the agenda. They don't have the authority to change any of the city's codes. They only have to review the codes to see whether or not any variances from those codes will be accepted based on the evidence and testimony presented here tonight.

Decisions of this board require a minimum of three votes for it to pass. Short of those three votes, the item will be deemed denied. Because these these hearings are quasi judicial, that means at the close of my remarks, I will ask you all to please stand and be sworn in, because all testimony and evidence will be under oath. The city will present the case first, and at the conclusion of that, you will have the opportunity to, present whatever testimony and evidence you have to prove that you deserve this variance here tonight. With that being said, if you have a case or plan on speaking tonight, please stand and raise your right hand and be sworn in.

Sir, in the back, are you you have a case here tonight?

Yes.

Yes. You hear for that?

Is it your property? No. Sorry. Let me

Oh, okay. Your neighbor's property?

Alright. So just remain standing and raise your right hand. 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, you have the floor. You also have to make sure you approve those minutes from the last meeting, sir.

No. Understood. That's the next question. All right. Thank you. GREGORY At this moment, I'd like to have a motion presented for the approval of the minutes dated 03/06/2025, which was our last meeting. I'd to hear a motion for the approval. So moved, Mr. Chairman.

Second.

Okay. We have a motion presented for the approval of the minutes of 03/06/2025 has been presented and it's been second. All those in favor, aye. Aye. Aye.

All those against, say nay. It's approved. Immediately following this, I am going to switch for a moment and basically mention the following. In our last meeting, Ms. Jones, one of our board members, presented a writing for a suggestion that we adopted, but I failed to do something before that.

I did ask to the board members that were present if they were in favor of using the appeal process recommended by Member Jones during the March 7 meeting and accepted by the members of the Board of Adjustment. That is wrong. And I wrote it wrong because I should have requested for a motion to actually do that. So at this moment, I will ask for a motion to approve and place in recommendations or suggestion to the city commissioner as part of my report that the appeal process recommended by Member Jones during the March 7 meeting be accepted by the members of the Board of Adjustments. So I would like to have a motion to that effect.

Mr. Chair, the motion you just made, I'll offer the motion to have the suggestion made by Member Jones to be put into the records for the upcoming or the past city commission meeting.

All right. Second anybody? Second. All right. Board, the motion has been presented. It has been second. Now, all those in favor of accepting that the recommendations submitted by Member Jones for the recommendations or suggestion to the city commission be approved as submitted. So all those in favor say aye, please.

Aye. Aye.

All those opposed say nay. It has been approved, and it will remain in the annual report to the city commission that I'm working and have worked upon. So therefore, put that aside, we will move forward in the new variances that have been presented to us. Mr. Chair?

Yes,

sir. Our member Mr. Emera just arrived. Right. Outstanding. So that means that you're accepted in the quorum, my friend. Right off the bat, I will excuse you.

Mr. Chair?

I take that back.

Upon Mr. O'Meara's arrival, he becomes the voting fifth this evening. Mrs. Jones does not vote this evening. Sorry. Because we alternate the And she was voting at the last meeting.

That is correct.

And he will vote this evening as the fifth person because you only have four

Understood. Regular Thank you very much.

Did you get that?

Why do I ask? I was here first. No, seriously.

It's not that you were out.

You have voted at the last three meetings. Because

you were here and you were basically a voting member the last time. He's also an alternate, so therefore we grant him

We switch.

Alternate. Basically, we it

this way. Oh, you alternate the alternates?

We alternate the alternates. Got it.

All right. Thank you. Oh, you put me in a hard position for a while. All right. So having said that, I'm going to read a case that is presented to us by the proponent Ronald Cuevas and Silva.

Sylvia. And basically, the case reads as follows. Ronald Cueva, owner, submitted three residential zoning variances, requested to legalize an existing construction for the property located at 312 Southwest 184 Way in the Stanzia neighborhood, which is sewn residential single family R1C. However, on November 15, the property was cited for work performed without permits. And the code case number is 2411003449.

The owner is pursuing to seek relief to retain an existing patio, which is 31.8 times 25 foot roof structure attached to the real wall of the house. The property owner is providing a copy of the property survey showing present conditions and footprint, and take a look adequately to the footprint of the existing item at the location. The petitioner is specifically requesting in order to legalize this construction that was performed without a permit. And cited that under CVR twenty twenty five-eight, he would be allowed an eight foot and a half rear setback instead of the required 15 foot setback for an existing 31.8 by 25 foot roof structure attached in a single family residence typical lot. He's also requesting that under CBR twenty twenty five-nine to allow 45% maximum coverage of the entire all buildings included instead of the required 40%, which is the maximum lot coverage of a building in a single family residence has this one.

He's also requesting that under CVR twenty twenty five-ten to allow a four foot size setback along the segment of the northern property line instead of the required five foot size setback. Now, for the staff review of the city archives, no permit can be found for the existing work on that property. However, according to the Broward County property appraisal imagery, it appears that the patio and roof structure have existed at this location since last December of the year 2022 and December 2024, respectively. See the property charges. The applicant is aware that the board consideration of a residential variance request does not preclude the property owner from obtaining all necessary development and related approval permits.

And therefore, the subject property in the Stanzia neighborhood, the applicant has provided a copy of the homeowners association letter dated April 16 the letter. Okay. Yeah, thank you. The letter dated 04/16/2024. Basically, this letter, the Estancia Architectural Review Board request form signed and submitted by homeowner Ron Cuevas of 312 South West 184 Way Plaza Pines Boulevard basically described the improvement as a patio roof modification.

And it says to install an aluminum pergola in the backyard, aluminum pergola will be insulated. And the aluminum pergola will be about nine foot high and a dimension of 18 by 36, 18 by 36, which of course, and the ceiling thickness would have been about four inches. The color will be a white to match house trim. The drawings were pergola will be installed is attached with applications along the property survey warranty deed. There's some pictures that were attached to it.

And then it goes on to say, in accordance to the review board of the the architectural review board of the HOA, and it says that you're supposed to submit a copy of the lot survey with the exact location of the proposed improvement drawn to scale. So if it's drawn to scale, it should have been for an 18 by 36, not a 30 and basically 3.8 by 25. So I will just round that decimal point up, and I'll say 32 by 25. So what was billed was not in accordance to what the request was submitted. Therefore, a copy of the warranty deed, a copy of the proposed improvement or changes, the name, address of the person, certificate of liability insurance, certificate holder must be made out to Estancia POA and care of Atlantis management.

And then it goes to say that they require $250 security deposit per application payable to the Stanzia POA. Then he goes on to say, I have read the above application. If a proof is granted, I agree to comply with the following conditions. An approval is only valid for sixty days unless otherwise specified that you must obtain any permits required from the city county government agency. So they were made aware that they do require a permit from the city, which was not granted.

And on 11/15/2024, the property was cited for work performed without a permit. And they have the case number here. Also, that no changes may be made in plans after approval without the prior written consent of the association. I do not see a petition requesting any variances on the type of structure that was going to be installed in this house. It says here that you must remove all debris, concrete fill, from around your home and resoot any areas that are destroyed.

I saw a picture here. That was accomplished. This says also that he is to be responsible for any damage that may cause to the sidewalk, roadway, or with the heavy equipment. You may not alter the drainage of your property or your neighbor's property. The final inspection and approval by the association board member and the management company after construction is completed.

I do not see any inspections in the package that was submitted. And you are responsible to maintain the alterations. It says on item 10, the homeowner is responsible for any and all damages caused to common areas by the contractor or the vendor. And then it moves on to say, Please note, other conditions may be applicable. These conditions will be determined and stipulated on an individual basis, and approval may take up to forty five business days.

Then there's an acknowledgment that is signed by Donna Berrios. I have to believe that Ron Cuevas.

And

that is the permit that was approved by the HOA. And it says that it's only valid for sixty days. And therefore, it seems that that petition that was signed to the HOA, even though we do not take them in consideration, is a written contract between the proponent and the requester of these variances that we have in front of us tonight. However, I'll move on to say that based on all these conditions, especially the one that calls for, which is item number seven, that you may not alter the drainage of your property or that of your neighbor's property. So I'll read a letter that we received today.

It's signed by Ms. Donna Daniels from 332 Southwest 184 Way in Pembroke Pines. And it's addressed to this board, and it reads as follows. To the Board of Adjustment, I am an affected party, owns a resident within 500 feet to the property in the above referenced case for three variances, which is case number CVR2025 from eight through 10. And it says, I live two houses away from the subject property.

When we had the strong thunderstorms last month, My backyard was flooded while the next door neighbor, backyard, who lives next to the door of subject property, was even worse when the entire Northwest corner was underwater. I would see that this was due to less area on the subject property to allow for water flow. The homeowner made a request to the Stanzia Architectural Review Board for an aluminum pergola. The homeowner obviously did not install that. Per the request form, the homeowner agrees to comply with obtaining any permit required from the city, county, or government agency.

The homeowner agrees not to alter the drainage of his property and that of the neighbor's property. No changes may be made in plans after approval without the prior written consent of the association. The homeowner did not comply with these conditions. Also, if the improvements or any part thereof will be located within five feet from the neighborhood property, the improvements relationship to the property should be shown on the sketch, which is also attached. So therefore, they end the letter by saying, I do not agree with the variances requested.

Having said that, I will ask at this moment for Mr. Cuevas, Ronaldo, and Mrs. Silvia to please come forward and present your case.

Sure. Thank you. Of can hear me now?

First of all, have you signed the document that you have in front of me?

What do you need me to do with it?

Please be sure to list the firm's names.

Your first name? Second name?

Thank you very much.

Address? Mike. Who you represent, Good

evening, sir. Good evening. Christopher Machado, Acreman LLP, 98 Southeast 7th Street, Suite 1100, Miami, Florida, 33131. I'm an attorney. I represent Ronald Cuevas and his wife, Sylvia. I'm his attorney. If you need me to sign this document to prove that to you, I can do that. Let me know when I

should do that. I believe that you have to sign in also, please.

I'm unaware of a requirement under Florida law that attorneys have to sign in documents to prove that they represent their client, but I will sign it for you.

Thank you.

That's not the purpose of signing it. Go here. Mr. Chairman. Yes, sir. That's not the purpose of you signing it. It's just a record of the

participants. Of your presence here.

We'll file it with you shortly. Your file at what? We will file it with you shortly.

That's fine.

Thank you. All right. Good evening. Thank you for your time this evening. As I mentioned, I represent Ronald Cuevas, the owner of the subject property.

We're here requesting two variances. The application requests three, but we're happy to report the final variance concerning the North property line. That minor one foot setback deviation, we have corrected. It was an issue with the pavers. We moved the pavers by one foot. I will submit into the record photographs showing that correction. And so that third variance is no longer required.

All right. I have another question for you, counselor.

GREGORY DELL: Yes. Let them finish. Let them finish.

GREGORY Okay.

The variances that we are requesting are to permit and to allow for remaining in place the existing wooden roof extending from the house into the patio. The roof is built for the purpose of providing shade to Ronald and his wife in the extreme heat of the afternoons. This property faces the west. And as you can imagine, the heat and the sun are oppressive in the afternoons. And so this structure provides some shade into the home, especially the areas closest to the structure, which are the living areas, the kitchen, etcetera.

And Mr. Cuevas will testify shortly, we'll get that into the record. But before this roof structure was built, it was extremely difficult to make any reasonable use of those areas because the property does phase west. That is the overriding purpose for the request. The variances are in the manner of basically a six and onetwo foot adjustment to the rear yard setback. The code that you have in front of you is a bit unique. It's something that I haven't seen all that often. This structure is considered an extension of the house. And so it must comply with the setback that would apply to the house. That means you have to leave 15 feet to the back of the house.

Your code provides for other structures that are granted much more liberal setbacks. If we were to provide a detached garage, we could build within five feet of the rear property line. If we were to provide a detached freestanding structure, we could build within five feet of the property line. But because it is attached to the house to make it more continuous, we're now up against this requirement to provide 15 feet of setback. The criteria in your code for setbacks, they provide three different ones. I'm sure your counsel can go over them with you. Basically, the third one is the one that we would submit to you is applicable here.

Can I say one, please? I'm sorry? What was the last question?

Sure. The third of the criteria for granting a variance is the one that we would submit applies here. And that is that granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners. And I will respond to the comments submitted by Ms. Daniels shortly.

And the circumstances which cause the special conditions are peculiar to the subject property. When it comes to variances, people focus on that last one, peculiar. And I'll say to you something also that is unique in your code. Criterion A, which we're not submitting we qualify for, makes it so that you have to be peculiar to the property and also not generally applicable to buildings in the neighborhood. So C presents a relaxation of the typical variance standard.

And we will show you how we qualify for that number C. When it comes to not incompatible with public policy, your land development code and your comprehensive plan establish various standards that are applicable when it comes to mitigating heat. Overall, these two documents basically state that avoiding heat or minimizing heat is a viable and a desirable public policy of this city. And so by building the structure, we are consistent with those two documents that are well, the comprehensive plan is the overriding constitution for land development in the city, and the land development code implements those comprehensive plan policies. Specifically, I refer you to section 155, period 14 of your land development code, which provides, among other things, the purpose of the land development code is to respect the right of landowners, to enhance the quality of life for all property owners, to protect landowners from adverse impacts, and to support and encourage green building practices.

One green building practice that is important to consider is the idea of building a white roof, high albedo, high reflectivity roof that reflects the sun away from the properties and doesn't cause absorption, which increases the heat island effect. I will submit into the record at the end of my presentation documents from the Environmental Protection Agency which discuss and describe the heat island effect and mention how white roof structures, as the one built here, are intended to minimize those effects. So in that area, we are fully consistent with one of the purposes of your land development code, which is to encourage green building practices. I also refer you to the sustainability section of your land development code, which specifically and expressly identifies white roofs as a sustainable building practice. When it comes to not adversely affecting any adjacent property owners, I would ask you to consider two things.

One, Ms. Daniels, is she present here tonight and available for cross examination? She submitted a letter, and she's not present in this forum. If she'd like to testify and be under cross examination, I would be happy to ask her expressly what her concerns are. If I may finish, sir.

Right now, before you proceed, first of all, this is not a court of law. Secondly Well, it's not.

But I do have a right to cross examine. And it is a quasi judicial hearing. And your code does

a provide quasi cross judicial hearing. It is. So therefore, one of the things that we're looking at here and you have expressed quite eloquently, like a counselor should do and you have done your homework quite well. Basically, what we're looking at here first of all, I did read, and the person that you actually represented did, actually has violated not only the HOA laws

I object to that. I object to that. They object

to Excuse me, That is opinion testimony. Excuse me, sir. I object to that. I'm not arguing with you any law items because then I would actually put on the floor and says, then let's just discuss the engineering matters because that's what I am. All right?

We'd be happy to do that. So basically, what we're doing here is basically observing that Mr. Cuevas did not follow the requirements of basically to the city of requesting a permit to build what he has built illegally. Secondly, he had information in his hands prior to basically building that structure, which he just basically did not observe. So I have to say that it is easier and this is something that I hear many counselors say it is easier to say I'm sorry than to actually be turned down in obtaining the permit and actually following the requirements of the city of Pembroke Pines.

And that's why we're here to ensure that those items are observed. And we have not heard from him yet, so I'll let you finish, please.

You're hearing from him through his attorney. He has every right to have an attorney present.

I understand. I

will say this to you. Two things in response. Section 155.304 clearly establishes a quasi judicial character of this hearing. We have a right to cross examine witnesses. Your attorney can direct you to that section of the code which says very clearly, anybody who is presenting or who is applying for relief has a right to cross examine witnesses. What we have is somebody submitting a letter, not showing up here. Pure hearsay, making allegations that are not founded on evidence but on speculation. And

that is part of our process to actually determine the legality or the truth or not the truth or those areas that might be just a hearsay. That's problem.

Mister chairman, if I may, you're objecting to the letter. Correct?

I am. And I would

like for

it to have it to have it written in the record. It's entered into the record. GREGORY Yes. GREGORY GREGORY DELL: objection is noted. Let's move on.

GREGORY Thank you, Mr. Goren. And for the record, I would like to say that your code specifies hearsay testimony cannot substantiate evidence. It can be considered, but it cannot be used to prove an allegation.

And we'll take that in consideration once we go through this thing because we still have not determined whether there's a hearsay or not, or if there is any truth to the letters that was written to this board in order regarding this case.

Well, you can understand how if somebody can just submit a letter and not show themselves here, what would that do to The your

objection is noted, sir. We got it. We got it.

Thank you, sir. I appreciate that. I appreciate that. So in terms of the criteria, again, direct you to not adversely affect any adjacent property owners. Ms. Daniel is the only one to have raised any concern about this property. In fact, before the structure was even completed, she submitted a complaint to the city. We have those records in our file. We will be submitting them to the clerk for your file. And she's the only one to have complained about this. As you read in your letter, she lives two doors down from the subject property. She cannot see this structure from her house because there's an enormous mango tree in the intervening property blocking her view. We will submit photographs showing that to you.

Can you do that to our officer, please, so he can basically have them now? Yes, we will submit all of And then in that manner, he can present that to us and we'll look at it.

For sure. And I'll say something else while I gather the documents. This is a board of adjustment. Your task is to determine whether or not to grant relief DELL: from the code. Is

We understand. We understand our forms, and we understand our responsibility. So please proceed.

If I may finish, you have continuously interrupted me.

And so I'm basically telling you right now that we do have other cases. And I specifically mentioned that this is not a court of law. We have a right

to due process. So as I am going to conclude my presentation I still have a lot to get through and we have a right to due process. We are an effective party, and we have a right to present our case. So this is a Board of Adjustment. Your task is to determine whether to grant relief or deny it. It is not a code enforcement board. We have a code enforcement citation. We regret to have received the code enforcement citation. We're trying to make this right. That's why we're here. We're trying DELL: to show you how we're going to comply with the

Three years later?

GREGORY No. And again, I'll correct something else in that letter, which again is not true. This structure, as you'll hear from Mr. Cuevas, was built in November or December 2024. We're here a couple of months later. And you can understand, as your city staff can tell you, it takes time to get on this agenda. So we are here as soon as we could be to present this case to you. We're making a good faith effort to come to you and present our case and show you how we comply and show you how we're making things right. If you see this structure, you see this backyard, Mr. Cuevas has tried to make this backyard beautiful.

He's planted trees. He's built pavers. The dimensions that were read off before at the beginning of this meeting are not entirely correct because the 32 feet and the 20 something feet, you see that entire area. That includes area that is with pavers, not entirely under roof. So it's a smaller area under roof.

We have plans that we will submit into the record that show that the roof structure itself is smaller than was described. The other thing that we should consider is that when you are trying to beautify your home, you go to the HOA, you make an application. It is true, sir. You're right that the application contains all sorts of boilerplate language that you have to review. If I, as an attorney, were to receive this document, I would review it carefully and understand every single one of these points. The average property owner does not do that. More often than not, the average property owner does not even understand DELL: what these things mean.

But I don't have the average people here.

GREGORY No. Yes, you do. You have an average property owner. You can throw all you want at me. I can take it. But he is here because he is affected by this. He would like to make things right. Don't hold whatever I say against him. He's trying to make this so that it complies with your code. He's trying to get the relief that he needs to be able to proceed with this. And he's even gone as far as obviating the need for one of the variances by moving his pavers the foot that was required. And again, I would focus you on the code that you have, which I interrupt

Because for a you said something. Want to make sure it's clear. Christian, can you go to the first slide showing the number of the variances? This one. So you said the numbers were incorrect. Can you just look on that and say, numbers are because that matters to the amount of variance

think you're if we could, there's a summary. Right, the top one. The variances we're requesting are correct as to the first two. The numerical deviation, the eight and onetwo foot rear setback, we will provide an eight and onetwo foot rear setback. We will do that. What I was mentioning is that the measurements of the actual area that's built were slightly different. This

is correct on

the screen. And the third one, four foot side setback instead of the required five foot side setback for existing patio, That one we're no longer requesting. We've moved that. We're good to go.

Are you withdrawing the application then?

We are withdrawing that specific variance. Yes. We're requesting two variances. The first one is for that six and a half foot deviation from the rear yard. And again, if this were a detached structure, we would comply because we

We made and onetwo the norms.

It would only be a five foot requirement. The second one is a 45% maximum law coverage. Again, because it's an extension of the house, it's treated as one structure. And so you have a limitation of 40% law coverage. In the zoning district, we're providing 45% law coverage. I would call that a minor deviation because it's within 10% more

or less.

Counselor, let us decide GREGORY which

one it is, please. GREGORY S. Sir, sir, I'm an attorney. I have to for my clients. Have to

advocate Oh, I know you're for an attorney. You're doing a marvelous job. GREGORY I like

to do a

No, good job you're for my here without responsibility because we know them quite well.

GREGORY Yes. Again, I have a record to preserve. Have to get the record clear. You might understand every single thing in the code. Somebody reviewing that record might not. Allow me to do my job. So ultimately, the project meets the criteria for the reasons I've explained. I would like for Mr. Cuevas to speak very briefly on why this happened, what he's trying to do to correct it, and why this project meets with the criteria of the code. I would say again, he went to the HOA.

He obtained the HOA's approval. You're right. The document lays out different things that he would be required to do, including obtaining a city permit. We're going through that process now. And the reason I made the distinction earlier between a code enforcement board and a zoning adjustment board is because a code enforcement board really is about, why did you do this? Why shouldn't we fine you? Whereas this one is, what relief do you need? Why should we give it to you? It's a very different posture to be in, especially under the code that you have in front of you, which does require a quasi judicial process. And again, please understand, Ms. Daniels is not here. She might have concerns that are valid. She might not. I cannot extract from her the true core of her testimony because she's not present. That is pure hearsay.

And your code says you can't rely on it. I'll have more to add at the end. I would like for Mr. Cuevas to get up and give a brief statement as to what is going on. You will see that he is a simple property owner. He lives there with his wife. They have children who are adult children. They're out of the house. They're not looking to use this terrorist to throw parties or make They're simply trying to prevent the sun from beaming into their property and trying to make a reasonable use of their property. And for the record, the neighbors closest to them to the rear, to the sides, and to the corners have not complained. Only somebody two doors down who submitted something and did not show up. Thank you.

Before you actually take your seat, counselor, I really would appreciate if all those additional proofs that you might have there, you can pass them on to our staff at this moment, please.

I will. And I'll read them into the record so we can be clear. Again, I have an obligation that the record be clear. That's why this is taking a little longer. Please proceed. There is aerial images showing the subject property in relation to Ms. Daniels property. You'll see she's two doors down. There is a mango tree intervening the two properties. She cannot see anything from her property. There is a wider aerial image showing the context of the neighborhood. You'll see many houses that have improvements into the rear yard that are much closer than this terrace to their respective rear lot lines. They include screened enclosures, pools, patios, etcetera. We're submitting that into the record. We're submitting a property appraiser card of Ms.

Daniels' property, including behind it an aerial image again, a copy of the confirmation from your city clerk confirming that Ms. Daniels was the complainant in this matter. And we're also attaching a copy of additional records received from the city clerk's office showing that the complaint that was made was a citizen's complaint by Ms. Daniels. Nobody else, no other adjacent property owner. That's the word to focus on, adjacent property owner has complained. We're also submitting a photo showing the mango tree that blocks the view to Ms. Daniels' property. I'm also going to submit into the record a copy of the HOA application. You may already have it.

I will submit it once again, which also shows a drawing of the covered terrace showing dimensions of 36 by 24 of the entire area, but the actual structure would be less. And we're also submitting into the record a copy of the EPA article on using cool roofs to reduce heat islands, which shows consistency with your land development code and your comprehensive plan. I will submit those documents now to city planning staff, and I ask them that they ensure that the clerk's office receives them. Thank you.

I have another condition here, please. And not condition, but basically another request counsel. Sure. Would it be possible for you to obtain something that your client did not do, which was within a period of sixty day, which was the validity of the architectural review board request form and approval, that if he can basically redo that? I think the yes, we can certainly apply for it. Right. You can apply for it. And then you're to have it send it to us.

Right. Whether the board will act in that period, who knows? But we can certainly apply for it.

Outstanding. That way you'll be actually crossing all the t's and dotting all the i's.

Great. And then in addition to the documents that I mentioned, we're also going to submit photographic evidence showing the pavers have been moved to provide a fully conforming five foot side yard setback for those improvements.

All right. Will you please pass it on to Mr. Christopher, please?

Sure. And Mr. Cuevas will be here shortly to give us

Don't worry. We will handle that also.

He also has for me the copy of the plans that he has submitted to the city. I may need to ask him some questions to get his testimony into the record.

And as addition to that, Chris, do we have copy of those plans that he's presenting to us?

Not yet, but I believe he's working to make the submittal accordingly.

So that means that those drawings that he has in his hands, he's going to submit it as proof also.

We are.

All right. Yes, we are. Chris, please take your time and become the owner of those documents as we speak in order to basically enhance the actual presentation that the counselor did in behalf of his client.

Thank you, sir. I will just describe for the record again the construction plans are entitled Construction Plans Rear Roofing Works as Built Plans, 312 Southwest 184th Way Project, Pembroke Pines, Florida, 33029, dated 02/08/2025, prepared by Sun State Plans LLC. Thank you again.

Mr. Cuevas, have you signed those documents?

Yes.

I would like you to stipulate your first name, last name, address, and I will really appreciate, because I did make a statement and I read a statement, so I would have to ask you, based on what I read, did you find any differences of what you're going to present versus what I read? Yes. Did you find any reference, or was I incorrect in reading exactly what you presented to our clerk.

No. The dimensions that were presented on the survey

First of all, let's go one step at a time. We They don't hold it. Excuse me, sir.

Mr. Chairman, Mr. Chairman, He can come up and Name and

address, please.

And before you sit down, counsel, he has the ability to make an opening or a statement. You don't have to direct questions if you don't want to, but you can direct questions for him. It's relaxed.

I would like for him to read his prepared statement. He just has some things to go over where he would like to express what happened, why he That's right.

But for you also, the chairman is asking, he read the before you got up, he read material into the record. He's just asking, is there any mistakes in what he read? And one of them we know is you're not requesting the third variance any longer. So that's one thing that's different from what he read. Is there anything else, just so we're clear for

the record?

Yes. The measurements, we believe, are incorrect. And we can clarify that. And the other thing is the dates are also incorrect. There was a date of 2022, which does not That

is a document that was submitted to us by one of the agencies of the Broward County.

If we could put that on the screen, I don't recall there being any improvement of this sort in 2022.

The presentation is in the document provided to the board package. The improvements of the property started in 2022.

But the says by Broward By actually the Broward County property appraiser imagery. It appears that the patio and the roof structures have existed at the location since at least December 2022 and December 2024. You're saying that that's incorrect.

We stipulated on the record. Really? That is incorrect. If we could just finish, please. We stipulated in the record that the roof structure was built in November or December 2024. If you have some evidence that there was something going on in 2022, I would like to see it.

GREGORY That is in the imagery report of the Broward County Now, appraisal based on that, you cannot basically tell me whether that was incorrect or not. So therefore, for the record, it actually stipulates, again, that according to the Broward County property appraisal imagery, it appears that the patio on the roofed structure have existed at the location since at least December 2022. If you want to actually obtain some of that, you would have to actually basically you have it in front of you?

I have the alleged document in front of me. It is an aerial image. It has a range, December 2022 to February 2023. And if you look at it carefully, there is no roof structure in the backyard. So the statement that the patio and roof existed at that time is not correct.

Okay, it stands in records. Now having said that, I'd like Mr. Cuevas to basically express three items. Please respond to me after you have gone through there. First of all

Can you let him read his statement first before you get to questions

for him? All right, understood. Mr. Cueva, make us a presentation and try to convince this board that everything that you're mentioning does not constitute anything that might be taken out of record or whatever based on the record that we have established here tonight. Please.

Thank you. I guess for the record, my name is Ronald Cuevas.

You can adjust the mic. Adjust it.

My name is Ronald Cuevas. I'm a bit nervous, so bear with me a bit.

That's all right. We're just neighbors just like you.

Oh, okay. I don't know. My address? I need to say my address. My address is 312 Southwest 184th Way, Pembroke Pines, Florida 33029. Okay. Thank you. Yeah. So my wife and I, you know, we live at that address, 312 Southwest 24th Way.

We're Instantia.

Requesting yes. Correct. Instantia. We're requesting the variance, you know, to allow the patio roof cover. You know, this has been our home since 2022. Ever since we got there, we've been trying to do improvements little by little. We started doing landscaping. You know, I'm just beautifying the property, etcetera. It's really only my wife and I. Our kids are adults. They've already graduated from college. They're out of the house, so we're pretty much empty nesters. We love living in Pembroke Pines. I mean, these past couple years have been great. We love our neighborhood. We love our neighbors. It's very quiet. And that's who we are. We're very quiet people. You know, we don't throw parties.

We don't entertain. We don't do events. We don't like to bother our neighbors. You know, our house faces west in the rear. And what we've experienced prior to patio roof cover was quite a significant amount of heat, sun exposure.

So we actually built the cover to provide relief from sunlight from the heat. So prior to building this patio cover, it was a bit of an un pleasant experience in the home as we were just sitting in the living room with our shades drawn and just feeling that heat penetrating through the window. It was quite extensive. It wasn't pleasant at all. So that's the reason why we went ahead and did the patio roof cover. I mean, since we built Without permit. Yeah. Correct. Correct. I apologize. I'm

You don't apologize to us. You could be handling that with the code enforcers.

Yeah. Yeah. And and and and we've already submitted we've already submitted the we've already submitted the the permits. Think they're on hold, but obviously, due due to this hearing. But it's already in the city's hands with the plans that we presented as well. Yeah, so I mean, ever since we built patio cover, it's been great. It's been night and day. We've been able to enjoy our afternoons in the living room, even with the shades open, you know, look in our backyard, and even enjoying our backyard because of the relief that we were getting from the patio roof cover. We built it for that exact same reason. I mean, not for anything else.

Just again, just to provide shade. Feel my wife and I we feel as if it's not a nuisance.

It's not what, please?

It's not a nuisance. So it's not problematic to our adjacent neighbors. So I mean, I did construct the patio roof on my own. I have had a couple of engineers, architects come to draw out the plans. And they did tell me, based off everything that I did, everything that they've seen, that it's very well built.

So we're just trying ask for some sort of relief on that rear setback and the overall, I guess, over the roof percentage. It's not an addition to the home. It's just an open area. It's not with any walls or anything. It's just, again, it's just a patio cover to enjoy the terrace.

And again, we think that it contributes to a more efficient home just because we're reducing that heat exposure coming in. It translates into reduced energy costs. So I mean, we kindly ask and be grateful, be extremely grateful if you can grant these variances so that we can get the permit process going with the building department and then obviously being able to enjoy our home and have a reasonable use of our backyard.

Mr. Cuevas, I'd like to clarify something for my own state of mind. Yes. Because basically, it's 31.79. Actually, you can round that up to 3.8. And anything over 3.8, you actually round it off to the next higher number, which will be a 32, even though we know that there's a fraction there. Yes. 32 by 25 roof structure, which you is said that it was independently of your house, which is not because it's attached to the structure of your house.

No, no, no. I never said it was independent.

Oh, Okay. That's why I say clarify for my own state of No,

what we need to clarify is the actual dimensions. And I actually went and spoke to Christian about this because when we did receive the letter, we did see that the variance was for a 32 by 25 structure. And that is incorrect. The survey did not accurately represent the actual roof structure. The roof structure dimensions is 32 by 16. And then I asked him, hey, do we need to get an

updated I have assume that he's taking the measurements from the poles that actually hold the structure, which will give you the 16.

GREGORY Correct.

And then you have an overhang that will actually ride two and onetwo feet and two and onetwo feet below or less to give you basically the 32.

GREGORY Well, there is no overhang on the 32 because the 32 is the width and then the 16 is the length.

All right.

Yeah. So I think what the survey is failing to represent is that there is a which is part of the house, already a roof that's under an area that's already under roof. And then from that point on, that's when we built this structure.

All right. Another question that comes to my mind as you speak and I'm sorry to interrupt you on that matter. Is that particular survey, is it in the hands of our office here in the city? Yes. It is. You have it? GREGORY Yeah.

Yes, I have the survey. The survey that was presented for the variance is right in front of the computer to update the survey. That's where the variance request is made from. But I believe what Mr. Cuevas is saying that the 11 feet out from the building line for the survey is already existing. So the way the survey indicates is overall dimensions. And the only really portion that was added was the last 11 feet.

Understood. Thank you. GREGORY Yes. GREGORY Now, is that all you have to say to us, please?

GREGORY DELL: Yes.

Thank you. I'm going to basically take it upon myself that since the counselor, in his due diligence, submitted to this board a series of documents that we have not had an opportunity to basically look at, study it, not now. Study it, digest it, and basically in order for us to make a fair and reasonable determination whether to basically agree in issuing the required variances in order for the gentleman to proceed with another one of the city departments. I basically like to have a motion presented that we shelf this until we have the opportunity to all of us study all the documentation that have just been submitted in order for us to make a proper, fair, and reasonable determination for the next board meeting. Mr.

Chair, if I may.

I make the motion, sir.

GREGORY If I may. I have additional testimony to elicit from my client. We're not finished with our presentation.

That's all right. What I'm asking is for us to have the opportunity to basically study all those documents in order for you to complete your representation and then mention the additional DELL: items that you may have

for That your client. Is all well and good. I have two questions DELL: to ask

him. If I could get that in now to have it on the record, and we'll come back at a later date to finish the presentation, I would like to ask him those two questions now, if I could.

Well, let me complete what I have started here,

And then we will talk about it, right? The only issue is procedurally, if you have a motion and a vote, this could

be Procedurally wise, let Let me finish finish what I have started, please. Mr. Chair, if

you don't mind, let him because he wasn't finished with his presentation.

Oh, wasn't? No,

he was not finished. I made that clear.

We'll do it, counselor.

Mr. Attorney.

Please, counselor. Mr.

Attorney, I want to thank you for your time and your intervention in this meeting. Mr. Cuevas, how long have you lived at this property?

GREGORY January 2022.

GREGORY Have you ever experienced flooding in your backyard during that period of ownership?

No. Thank you.

Thank you. Okay. I will then restructure again my question based on the fact that I would like for this board to see all the documentation that has just been presented to the city, I would actually request a motion to table this case until next meeting in order for us to have an opportunity to see all those documents and then determine and present and come to a fair and reasonable determination once we go into the vote. I do have a motion to that effect. Discussion?

Mr. Chairman, I'd like to make the motion.

I second.

Councilor, it's Victor Abendonvolo.

Second?

I second.

Motion has been presented and it's been second. Catherine, please. Roll call.

And just to clarify, because Mr. Burrito is in the meeting, neither

Yes, of course. We will take care of that.

I'm just trying

to clarify. So right now, Catherine, let's have a roll call to basically determine whether we table this onto the board has an opportunity to see all the documentation that have been presented to the city as well as to us so we can actually make a proper, fair determination once we present this case for a vote in the next board meeting.

Member Aventadolo? Yes. Member Burrito? Yes. Vice Chair Crawl?

Yes.

Member Pitts? Yes. Chairman Morby Kisotto? Yes. The motion passes.

CHRISTOPHER Chris? This would be the first case in the next board.

Noted.

What's the date of that meeting,

please? First questions from the I Floor at this believe it's

the fifth.

Any questions from the floor at this time?

June time. I mean, same place in time. Perfect.

Thank you all for your time. Appreciate it. No

questions from the board? To whom?

It's too late.

It's too late.

It's over. Over.

I'm happy to stay No,

it's over. It's over. Thank you very much. We'll join next month.

See you next month.

Therefore, Chris, make sure that we get a copy of all that information with due time in order for us to make a determination individually so we can then discuss it next board meeting and take a determination. All right. Having said that, we have had another person here that has been sitting diligently listening to us. Therefore, I would like Mr. Sis Robert from 7131 Southwest 14th Street, Pembroke Pines, that once I read the document that I have in front of me, I will certainly ask you or your representative to come forth and basically present your case.

At this time, it goes like this. The project description and the background. Mr. Robert Sighs, owner, submitted two residential zoning variances request for the property located at 7131 Southwest 14th Street in the Pines Village neighborhood, which is a zoned single family residential zoning district R Dash 1 C. On 06/29/2022 we're talking about close, close to three years, the property was cited for work performed without a building permit.

And the code case number is 22060680. However, in 10/20/2022, the owner, through a general contractor, submitted a building permit application number RR22DashO8242 to address the violations.

Through the chair? Through the chair? Yes, Just to correct the record, the correct permit application number is RA22.

Hold on. So that's R22. RA-two-two. Yes.

Thank you.

Thank you. RA-two-two. Thank you very much. The construction plan submitted by the applicant show an existing bathroom addition encroaching into the required seven and onetwo feet side setback. As a result, the permit application could not be approved, and the applicant was requesting, in order to formalize that, one, two variances, ZBR twenty twenty five, 0.11, to allow a seven foot side setback along the segment of the eastern property line instead of the required seven and a half feet side setback for a bedroom addition.

As part of the initial petition, property survey revealed a new patio gazebo and a full deck expansion at the property. The petitioner is presenting a modification plan with the following changes. One, permanent removal of the existing gazebo. You have that in front of you, Bor, so you can follow this sequence that I'm reading. Two, reduction of the paving along the eastern and western property line to provide the code require a five foot site setback.

Now, the owner, however, would like to retain an existing 12.8 by 34.8 patio located directly to the west side of the house, and the applicant include the following request under this very CVR twenty twenty five-twelve to allow a two foot size setback along the segment of the western property line instead of the required five foot size setback for the existing patio. So again, the variances are CVR twenty twenty five, 11, which is to allow a seven foot side setback along a segment of the eastern property line instead of the required seven and onetwo foot side setback for the existing 8.3 by 11 bedroom addition. The bedroom addition or was it a bathroom? Both. Both, Okay.

Now the CBR twenty twenty five, 0.12 is to allow a two foot size setback along the segment of the western property line instead of the required five foot size setback for an existing approximate 12.8 by 30.8. Having said that, if we move forward in the documentation that was submitted, we have a letter. That is to Robert M. Sighs, the City's zoning building department, and the subject is request for permit consideration for existing room addition. Dear City Planning and Building Department, The purpose of my request for a variance for an existing room you forgot to mention us.

The purpose of my request for the variance for an existing room addition requires a setback. This request is necessitated by unique personal and family circumstances that have significantly impacted our quality of life and ability to adapt to standard zoning requirements. At the age of three, I contracted polio. And while I survived, the long term effects have profoundly affected my health. Now at a young age, that's not included here, now at the young age of 56 years old, I am living with a post polio syndrome which has caused approximately 60% weakening of my body.

I experience severe muscle weakness, chronic fatigue, difficulty walking, and pain. These limitations require me to take frequent breaks and use mobility aids for long distances. My condition has left me reliant on disability benefits as my primary source of income. Additionally, my family faces significant challenges, since my 19 year old son has special needs and has endured severe health complications due to COVID-nineteen, including brain encephalophosphate. He has been hospitalized multiple times in recent years, 2020, 2022, and 2025, under the Baker Act due to severity of his condition.

A room addition is essential to accommodate these unique needs by providing adequate space for mobility aids, medical equipment, and supporting living environment for my son and me. My variance would endure, ensure that our home remains accessible and functional given our circumstance. Thank you for your time and consideration, Mr. Robert Sides. And immediately following that, we find a map or boundary survey which is in front of us right now.

Mr. Sides, please. Please sign your name and introduce yourself, please. And we'll make this rapidly because I presume that you will prefer sitting down while we speak to you. Right?

Yeah. I have my king.

Right. Thank you. I like that hat. Yes, I bet. That's the one that I like the most.

What about the other one? What about the other ear? All right. Now, Mr. Sides, of what I have read that is in your presentation and your request for us to consider your variances, have I expressed to the best of my ability the request and the requirements that you're here tonight for?

Yes, yes, I have everything.

Thank you. Having said that, please, I'll give you the opportunity to present your case.

ROBERT

Sure.

All right.

ROBERT Thank you, board. My name is Robert SAAL. My home is 7131 Southwest 14th Street, Pembroke Pines, Florida 33023. I'm a father of six kids, five beautiful girls and one boy. And like you read there sorry.

When you read there, my son had some challenges to starting when COVID began. And the reason why this process of the Piedmont Pines with the permits have belonged because going back and forth with him and take care of him, me and my ex wife, try to help him to proceed with his time while he was in medical needs. I've been trying my best to get this going. I know it's been going on. I know there's already fines, I think $250 per day for my not doing stuff without the permit.

That time, the reason why I did it, the purpose of this, because there was a rainy season. A lot of times it was raining. Water was coming in. And my neighbor came and he said, look, I can help you with this. I'm a contractor. We'll help you fix this right away. And things like that started just going the way I wanted to go to fix this quicker. And then after that, I see that the problem that I had with all this with the permit stuff, I try to take care of it. But again, it's just been a while of me taking care trying to get this going and try to get this fixed.

All right. I did not read a letter that is from your doctor because you also go to the Care Solution, and that's where your doctor is, which basically testifies exactly what you wrote. So I don't believe that it would be necessary for me to read it because it already forms part of the record that you have. Based on that condition, have you already prepared the request to the building department for them to legalize the construction that you perform at your house?

I'm working. I can't do anything until this is processed. I mean, I've been talking to Maria from building department, and she's helping me out with I have to get new drawings because it took a long time, and the drawings only sit with the city for, I think, six months. Since it took a long time, they they requested me to do new drawings for that.

To redo the drawings or to basically update them?

No. To redo them again. The drawings are already there, but since it's been a longer time, they asked me to redo it again and to separate everything because everything was done as a master permit, a master drawing. So they asked me to remove everything and just do the bedroom.

The bedroom. And were they the ones who suggested for you to come to this board?

I'm sorry. Repeat that again.

Did they were the ones that told you that you had to come to this board?

Yeah. Well, a variant it was one of the setbacks that I have, that to take care of one of the problems that I have. There's two variants, actually, I requested. One is the two feet, I believe, and the other one is the

SPEAKER Seven foot setback.

Yeah, seven foot.

SPEAKER Have you met with Christian

before? Yes, I've met with him.

GREGORY And you're working with him?

GREGORY Yes.

GREGORY And that's why some of these areas that are marked in there, you agreed to remove them.

Correct. I removed the gazebo.

The gazebo and removed the patio deck section to provide basically that area that was there, right?

GREGORY Correct. And also, I had a shed, I was so removed from there.

Understood. So therefore, you have been working with our staff.

Yes. Yeah.

Okay. Christian, do you have anything to add to all this?

No, really. We've been at the property. Obviously, looked at what's done. He's reducing some of the items in order to meet code. He has worked with our landscape division in the past to get the property into landscape requirements. Basically, what he needs to finalize is finishing the work as it exists by providing some sort the sections where he's going to be removing the paving. And basically, you see what's there in the pictures in front of you. The project originally included the enclosure of the carport. He's not going to be doing that anymore. He hasn't touched that portion, that section of the house.

Again, this has

been happening for about three years. So I would have to say that our neighbor have been very diligently working with you.

He has done the best he can.

Thank you. Anything else? You may sit down if you wish, please. All right. Having gone through the case that we have in front of us and having read some of the items that actually have caused the hardship of this family, I hereby then open the questions to the board, starting with my assistant and the vice chair, Mr. Karl. Do you have any questions?

No questions, Mr. Chairman.

All right. Moving down along, and I would have to say, Member Pitts, do you have any questions? No questions, Mr. Chairman. All right. Member Jones, do you have any questions for the gentleman?

GREGORY No, I think not. I'm just wondering, the people that are here, are they here for this case? Do they have things to say? Any neighbors at this meeting?

I'll ask them on the way in.

You might have questions there. But no, no questions now.

Member Thank you, sir. Do you have any questions for the gentleman? All right. And member Brito, do you have any questions for the gentleman, sir?

No questions, Mr. Chair.

All right. Do we have any questions from the floor? Do we have any statements from the floor? All right. Having none, so I did a very good job then of expressing myself, Eric.

Oh my god. I think I'll go study law. Don't get cocky, says the counselor. All right. So at this stage of the game, then I would move forward to request that having no other questions and having seen the case, need a motion to approve the first variance for this case, which is ZBR twenty twenty five-eleven to allow a seven foot size setback along the segment of the Eastern property line instead of the required seven and onetwo feet size setback for the bedroom addition.

Like to hear a motion regarding this, please.

Mister chair, move the ZVR 2025Dash0011 with the required seven and a half foot side setback. We approved with the requested seven foot side setback on the Eastern property line for existing home addition under section 155.301 C.

Any seconds?

I second.

A motion has been presented, has been seconded by Mr. Brito. It's therefore Catherine. Roll call, please.

Vice Chairman Kroll?

Yes.

Member Brito?

Yes.

Member Avondondolo? Yes. Member Pitts?

Yes.

Chairman Morbika So to? Yes. Motion passes.

All right. Moving right along, I will then request that a motion be presented for CBR twenty twenty five-twelve to allow a two foot side setback along segment of the western property line instead of the required five foot side setback for the existing patio.

CHRISTIAN Chairman of the CVR twenty twenty five-twelve with the required five foot side setback and request of two foot side setback on the Western property line for existing patio be approved under section 155.301 c.

I second.

The motion has been presented for CVR twenty twenty five-twelve and second. At this moment, are there any comments or expressions from the floor? Having none, I hereby request roll call.

Vice Chairman Kroll?

Yes.

Member Brita?

Yes.

Member Avedondolo?

Yes.

Member Pitts?

Yes.

Chairman Rodriguez So to?

Yes.

Motion passes.

Mr. Science, your variances have been approved, giving you access to go back to your building department, submit your documentation, and legalize your structures. Now it's up to you as well as those beyond. Enjoy your house, and may God bless you. Having completed our work for tonight regarding the variances, we still have something here, which is in front of you, you have the twenty four-twenty five annual report to the city commissioner.

I hope that you have read this. This belongs to you. And therefore, I will now ask Chris. I believe that you have you require, as well as Catherine, some information from us in order to finalize this report. Is that correct?

Yes. We just want make sure that you're Okay with the report as it stands before you. Our concern was based on some of the recommendations included in the final report. They were not officially voted last meeting. But obviously, at the beginning of the meeting, they went ahead and approved the document. This is more informational, the information that you have in front of you, and actions and cases presented before, due for consideration.

All right. So based on the data that we have worked up throughout our efforts throughout the year, 'twenty four, 'twenty five, and in conjunction not only with the city staff that assist us every month in our presentations and us basically trying to be the best of us, be the best of us in recognition that our city moves forward in an organized manner following all the requirements of law that the city has stored. Basically, on the 03/2003, the annual review, it says that in June of each year, the respective advisory board committee shall forward to the city commission a summary of the advisory boards and committee accomplishment during the prior year, along with any recommendation or suggestion to the city commissioner regarding any improvements to the city operations, ordinance, and policy that they see fit to transmit based on their work and observations over the past year. Therefore, we have a summary of accomplishment during the reporting period. You have in front of you the attachments for your convenience on the follow-up.

The following key points, actually, I put them in here that on April 24, March 25, our board heard 94 requests for 41% of the property that the Board of Adjustment passed 84 motions and failed 10. Two out of 10 failed motions were appealed to the city commission as per the city code 155.311. 69 petitions or 73.4 of the requests were to address work done without building permits. It was high, but it seems that this board, in his efforts, have actually tailored those conditions a little bit down. And that's what we're working on.

And that the Board of Adjustment approved 89.36% of the petitions and 9.4 of the petitions failed. And then on June 1824, the ordinance number twenty twenty two CC approved an increase for the front lot coverage for a driveway from 35% to 40, and that has helped us a lot. The data gathered by staff shows a decrease in the number of variances from 117 requests in 'twenty three-'twenty four to 46 requests in 'twenty four-'twenty five or 39% reduction. Then we proceed to the recommendations or suggestion to the city commission regarding, of course, the process of recommendation by Member Jones during the March 7 meeting, which we voted tonight, and it will remain here. Appeals to the city commission to be granted only by a five to zero vote or simple majority.

The board discussed the fact that it says or that the board heard and denied a variance by a vote of five to zero or the simply majority on appeal to the city commission, it would grant said variance. But we also specify that the Board of Adjustment respectfully ask for a condition variance be granted. A code should inspect the property for compliance within thirty days. Also, that the conditional variance issue when home renovations and alteration size increase are made without permits, or when earlier owners made renovations, alteration size increase could be granted only as long as the hardship exists and the property should be returned to prior condition following the city rules. And it goes on to say, the ordinance upon cessation of said hardship, In any event, the property should be put in compliance upon changes in ownership or property regardless of any variance issue.

And of course, that the board recommends that some of the homeowners association rules and regulations governing the Western development be adopted by the city ordinance to apply to our eastern areas of the city, not governed by mandatory HOA. That is such as parking of commercial vehicles, boat trailers, mobile homes, campers, erections of temporary structures prohibiting clotheslines, drying, radio, TVs, antenna, etcetera, etcetera. And of course, that the Board of Adjustment respectfully request that the city commission would consider that if a variance motion fails by the Board of Adjustment, then the commission should evaluate the appeal by reconsidering the information related to the petition only. It's perceived by the public that the city commission approved its imminent unappealed of the Board of Adjustment decisions and commissions action by granting the variance for the property in perpetuity, and as such, it should at least consider to be granted as a conditional variance as required by the city ordinance 32.034. The rest of the items that I have in here are the data that have been gathered by the staff of the city that assist us in every one of these boards.

Based on this, I request a motion, unless you have any changes to this, and that we approve it in order for our staff to basically proceed in completing the finalization of the report to the commission.

Could I ask you be down here. The wording, I don't think, is very clear. I'm not sure what

appeals to the city commission to be granted only by a five to zero vote or a simple majority.

But that's basically everything. I don't understand. Why or a simple why? I don't understand.

What we're basically saying that any city commission appeals to the city commission should be by a five-zero vote or a simple majority, meaning three or four. I've given the option. I'll give them the option.

What is it now? I mean, do you I'm not sure what this is all about, what that's doing.

The board discussed

GREGORY Approval requires a simple majority, three-two. So if it's three-two, he's looking for a five-zero.

I'm looking for a five-zero.

Okay. So you don't mean or a simple majority. You mean instead of a simple majority.

Instead. Let's make that correction.

That's what I thought you meant.

Or instead

Not or. Just instead. Take out or.

Right, or. Out of simple majority. Thank you.

And some of these things, just to clarify, when you say my recommendations and all, so that stands on its own?

You're It stands speaking on its own because basically the letter that you prepare, I ask the group to actually attach them. Right.

Okay. Thank you.

All right.

But then some because I think that was an item in there. So are you taking out a couple of items? You're just I'm not sure. I think that five to zero is in there somewhere.

And then what I'm talking here is talking about hardship and the condition of variance issue when a home renovation alteration size increase are made without permit or when the earlier owners made a renovation alteration size increase could be granted only as long as the hardship word exists in there.

Okay?

And

property should be returned to prior condition following the city rules.

And we can do that? Yes. Okay.

Yes.

That's within the city's

Therefore, the ordinance upon secession of said hardship in any event the property should be put into a compliance upon changes in the ownership or property regardless of any variances issued. Now, also, the board recommends that some homeowners association rules and regulations governing the Western development be adopted for all city ordinance to apply to those areas that are not governed by a mandatory HOA, such as parking vehicles in road and everywhere else where they would be basically fined or taken away. So basically, you actually what I'm trying to do here is to start bringing that love for the community in order to maintain it and keep it up instead of just in some areas convert that into a dump.

Right. Are city a lot of this is part of city code. I don't disagree with them. I'm just discussing.

But if they aren't, then an order should be applied. I don't know all the ordinance, and I don't know all the codes. But they should.

It doesn't matter of the code enforcement. Those regulations exist in the code. So it's really how enforcement occurs.

And then the other things, it's very I limit it to one item because if you present two or more, it's just an overburden of things that

I Yeah, they're confused.

And they have other things to do.

What is the date of the board night that we need to be at?

The fourth?

The June 4. June 4,

right? Wednesday typically six, correct? 05:30. Thirty. We recommend you to come in altogether?

That would be great. I have to be there because I'll be presenting our report to them.

It's good if we can all be there. It's the day before our next meeting.

Yes. So having done this, does anyone else from the board have anything to add to it or make any comments that we can actually purify the report in order to present it to the commissioners.

I'm in, but they're going

to shut us down. What do you mean? Any recommendations? Can always strive. In mind You can always strive.

I'm in. No, I'm

out But of keep in mind, they don't make decisions that night. They're just hearing your recommendations.

And any decision that they would make, they would make it in another

In their

own meeting. Yes, collectively. Understand. I would be, Mr. Chairman. This is something that we and all the boards that actually work for the commissioners of the city present to

them. And keep in mind too, there's the oral presentation, but they get all of this in writing. And then that's what they really read and consider. When everybody's up there, I had to do it as chair.

That night is also a, hey, here, boom, boom, come on guys. Let's present everybody and let's actually pat the back of persons that have done things for the city And they want to basically

Right. No. And they want to thank everyone for participating in the boards and all of that. What's this?

This is our political effort.

No, I understand. What is what? We're going

to go to something that

is on Wednesday before our

next board meeting. And where are

we going? It's not a regular commission meeting?

We come right here at 05:30 the day before Wednesday. It's before the commission meeting.

Before the

commission meeting. Yes.

It's called board night.

Oh, it's called board night.

And as you might assume, every board makes a a quick presentation. And after submitting all of these things in writing. But they also make a quick presentation. And it's a chance for the it's a pep rally.

A pep rally. Yeah, it is a pep rally, Are they pepping us? Yes. We're pepping them and they pep us.

Oh, they

pep us now. Yes. It's a pep rally. It's a pep rally. Mr.

Chair. But you know what? Go But come but

I would work.

But it's a good chance to know what's going on with

the other boards and what's going

on in the city.

Ben wants to say something. It's about time you said something

all night. Yeah.

Just say all night.

Right? I would like

to make a motion to approve the twenty twenty four, twenty twenty five annual report to the city commission.

I second. All

right. Thank you. He's alive.

All right. All those in favor, say aye. Aye. All those against, say nay. It's approved unanimously. Thank you, Pete. So therefore therefore, basically, if counselor, do you have anything for us?

I do

not. Catherine. Oh, hey. He's not right. Catherine, do you have anything for us? No. Tiffany, Christian. Please

remind me

that Please, we got a

reverend Nothing our side, just to remind you of June 4, 05:00.

All right. Having said that, meeting adjourned.