Planning and Zoning Board - Regular Meeting
The Pembroke Pines Planning and Zoning Board approved three residential zoning variance requests, two related to setback and lot coverage for existing patio structures, and one for a horse barn with a reduced side setback. The board also discussed the annual report on variances.
About this meeting
- Government Body
- Planning and Zoning Board
- Meeting Type
- Planning And Zoning Board
- Location
- Pembroke Pines, FL
- Meeting Date
- March 5, 2026
Transcript
380 sections (from 436 segments)
The board of adjustments for the city of Pembroke Pines will now be called to order. We'll have roll call by our clerk, Madame Catherine Forstrom.
Chairman Kroll.
Present.
Vice Chair Brito. Here. Member Avindoncolo.
Victor. I think I'm here.
Member Pitts.
Here.
Member Turner. Member Amira.
Here.
You have a quorum. Thank
you.
I'd like to have a motion for the excused absence of Brother Hiram Turner.
Mr. Child, I'd to make a motion for excused absences.
All in favor say aye.
And you second, Second.
Mr. Turner's approved by his forced absence. Approve of the January minutes meetings, 01/15/2026. Minutes.
I make a motion to approve the minutes for the January 15.
Second. All in favor, aye. Aye. Opposed, the 01/15/2026 meeting minutes are approved. And we do have a quorum. Mr. Chairman Collins, will you give instructions to the applicants for tonight?
Yes, Thank you, Mr. Chair. Good evening, everyone. For the members of the public here tonight, The members of the Board of Adjustment are volunteers. They are true public servants serving the citizens of the great city of Pembroke Pines. They are here tonight to decide the applications presented by the city that are on their agenda for this evening. Decisions from this board will require a minimum of three votes for approval. Short of those three votes, the item will be deemed denied. The hearings tonight are considered quasi judicial. So after the conclusion of my remarks, I will ask everyone to stand up and be placed under oath.
The city will first tee up the case, and then the chairman will go over some of the facts of the case. And then the applicants and any witnesses will have the opportunity to present any testimony or evidence that they have to prove or disprove the variance requested tonight. So with that being said, will you all please rise and raise your hand and be sworn in? If you have a chance of speaking, please stand. You swear affirm the testimony you'll give will be the truth, the whole truth, and nothing but the truth. Alright, you may be seated. Thank you. Mr. Chairman.
Thank you, Mr. Councilor. Walter and Pamela Jackson. Please come forward to the podium.
Is the sign in sheet not there, Christian? Is that what I Oh, Okay. I thought I heard you say something.
Sign in.
Sign in and turn the microphone on. Yes, please. Mr. Kells, we have a late arrival. May I want to offer the oath to her if she's going to speak?
Thank you.
Good evening.
Okay. Good evening. We have Forrest Walter and Pamela Jackson residing at 1441 Southwest 86th Avenue, Pembroke Pines, 33025. The owner submitted a residential zoning variance request to legalize an existing structure for the single family residence located at 1441 Southwest 86th Avenue in the Cinnamon Place community, which is zoned residential single family zero lot R1Z. In 10/29/2024, the city's code compliance division cited the property property for work performed without building permits.
Code case number 241003282. On 03/26/2025, the owner submitted building permit application number R025-two975 to construct a 10 foot by 15 foot open side structure attached to the south wall of the house, non zero lot side. However, the permit application cannot be approved as existing work encroaches into the required side setback. The owner provided a copy of the property's survey, sketching the location and footprint of this structure built on the nonzero lot for the following request. ZVR2025Dash0052 to allow 9.6 foot side setback along a segment of the southern property line instead of required 15 foot side setback for an existing 10 foot by 15 foot open side structure attached in a residential single family zero lot.
Per staff search of CD archives, there are no building permits for detected work at the property, and the open side roof structure has existed in the property since at least December 2022. The petition is whether the board consideration of residential verisis request does not preclude the property owner from obtaining all necessary building building, development, and residential improvements or permits. The subject property is in the Centerland Place community. The owner has provided a copy of the homeowners association letter dated 12/15/2025. Turning over to the applicant's letter to us.
I'm writing to request a variance approval for a patio cover that was built in my backyard during the COVID nineteen pandemic. During that time, my father-in-law was living at my house. And since we have we were unable to go anywhere, he had to spend an significant amount of time outside. To make his situation more comfortable and to provide shelter from the direct sunlight, I decided to have the patio cover built. Unfortunately, due to the pandemic, the process of obtaining permits and supplies was significantly delayed.
So as a result, I proceeded with the construction of patio cover without a permit. Understand this is not the ideal course of action, but given these circumstances, it was the best solution to ensure my father in law's comfort and well-being. Regrettably, I am not in a financial position to have the patio cover torn down and rebuilt according to code. This is why I'm reaching out to request a variance approval for the existing structure. By June, I hope you can understand the situation we're in and consider my request favorably.
Thank you, Pamela Jackson. Is there anything else, mister or miss Jackson, you'd like to add to the synopsis here I've just read?
Pretty pretty much that's the you know, that's what, as I explained in the letter, we had to bring my father down from Georgia because the caretakers were not going in to take care of him because of the pandemic, just to make things more comfortable for him. That's why I had it built as well. I was working from home five days a week. And just to make things where we weren't sitting in direct sunlight and a little bit more comfortable, this is why we did it. And so that we wouldn't have to be just pretty much cooped up in the house during that particular time. And
since you have submitted plans for the building permit, have you received any approvals from the building department?
From the building department?
Yes. It says you submitted plans.
Oh, good. The original people who who started the process, I guess they had submitted something, and we had paid the money to, like, try to get everything straightened out. It was supposed to be for a variance, but I guess they put in for A permit. A permit. And from what I understand, it got denied at that time. And so and I haven't contacted those people that the original people who built it at all because they were just taking us on a runaround, you know, with the whole process. So and that's when we decided to go ahead and just do the regular variance. Well, we were told that they didn't apply for the variance. They were applying for something else. We specifically told them to apply for the variance.
Have you met with the building department yourself to try and resolve this?
No. Well, I don't know who the building department I mean, only people I know is mister Christian
Yes.
And his office. That was it. Alright. So I didn't I'm new at this. I don't know. I'm sorry. You're okay. I mean, I've been living here, like, thirty three years. I mean, I well, with the company thirty three. I've been living in Pembroke Pines for thirty two years. Mhmm. So I never had to go through any of this, and that's about it. You know? But I didn't know we had to go through well, when the guy first came out, he asked if we want a permit or not during that time. And and we was at first, we was like, okay.
What would be the cause? Would be this would be that. And then they said they could do it without a permit. But come to find out, after contacting the guy when he left the country and came back, that he was under some kind of restraint or something with the city of Hollywood and Pembroke Pines and all this stuff. So we decided to stop dealing with them. After he had submitted something here, I thought I'd paid him, like, $1,500 to do whatever he was doing to get the process started for the permit.
So the work that's been done, is it complete? Yeah, it's completed. Who completed the work?
I don't know who that company. R and R or something. Okay.
Okay. I have a good picture here.
Reliable. Yeah. So and what happened, from what I understand, once I start hearing about footers and all this kind of stuff and and how far it has to be from my neighbor's house was, like, 15 feet. So I went out and I measured that, and that 15 feet puts me, like, about six or eight feet from the sliding glass door, which wasn't that far. So if we hadn't known that from the beginning, we probably would have never even went through the process of putting one up. And don't see the pictures. We've sent in some pictures with the measurements and all that stuff. I don't know what they went to.
Was a slab existing? Was the was the slab existing?
No. No. They the people who put in those two posts, they put them in. The first post is at, like, 11 or 12 feet, And then that second post is at 10 feet or 9.68 from what I can see on the drawing. Don't know how they actually got the measurements. I just went by the middle of the post. So it's, like, off by five feet, five and a, you know, five and a half, five and point four. The the one closest to the fence. And and the way the neighbor's yard sits, where the the way his house is built, it's built on a curve. So the front post is closer towards his house than that back post.
What you're asking for right now is variance as far as the setback. Right. But I Mr. And Zamora, you can correct me if I'm wrong. Looks like they need to also get a permit because this work was done without a permit and it has to be approved.
That is correct. Prior coming here to the meeting, I went ahead and looked at our permitting system. And there's a permit application that is referenced on my staff report. This application was submitted on 03/26/2025. It was reviewed by the disciplines with electrical NA, because there's no electrical in the item. Engineering NA, not required. I think structural is approved. Pending
Correct. Approval.
Yes. The structural details associated with the construction, they were satisfactory, and they were approved. But spending in order to release the permit is the zoning setback. It is for consideration to me.
That's good news, mister and missus Jackson, because if structural improvement, that's a plus. You,
a homeowner, you need to be fully aware of what's happened with the city and your property because you have a structure here that any if it's not done according to code and no permit, you're in trouble. Correct. The code violation doesn't go away. So I would strongly suggest you meet with the billing official through Mr. Zamora's office and get all the details worked out. Be fully aware of what's affecting your property. Okay. I'm going to pass on to the other members of the committee here, Mr. Burrito.
No further questions.
Mr. Pitts. No questions, Mr. Chair. Mr. Appendano.
Two questions. I apologize for releasing.
Yes, sir.
Your neighbors are Okay with this? No problems with the
neighbors, No, we had a signed document Perfect.
Sent to city. There's no water issues, right? Like some of the rains, there's nothing that this isn't causing any issues in the backyard. No flooding, no proper percolation. So the neighbors are good. This isn't affecting any water. Everything's fine. Correct. You're very kind. Thank you, Mr. Jackson.
Thank Thank you. Mr. Mayor.
No question.
Anyone from the audience? Any comments from anyone else in the audience regarding this case? At this time, I'll entertain a motion for ZVR twenty twenty five-fifty two to allow a nine foot six side setback along a segment of the southern property line instead of required 15 foot side setback for an existing 10 foot by 15 foot open side structure in a residential single family property with a zero lot requirement. Mr.
Chairman, I make the motion for approval for Mr. And Mrs. Jackson under ZDR 02/5052 that it be approved under 155.301(one).
I second.
There's been probably a motion and a second. Roll call Madam Clerk.
Member Avindadolo? Yes. Member Burrito? Yes. Chairman Kroll?
Yes.
Member Pitts?
Yes.
Member Almira?
Yes.
Motion passes.
Mr. Mrs. Jackson, as I said before, please avail yourself with Mr. Zamora's office to find out all the details of your property to get this completely permitted.
Is off?
CHRISTOPHER Yes.
Okay. You're all set.
CHRISTOPHER Thank you.
CHRISTOPHER Thank you. Thank CHRISTOPHER
Yes,
yes. First of all, general counsel has some instructions for you first. If
you can Yeah. Sign in right there on the there should be a paper there for you to sign in. Thank you.
Ma'am, right over here. Can you raise your hand? You so affirm the testimony and give will be the truth, whole truth, and nothing but the truth. Yes. All right. Thank you. Ms. Okay.
Sheila Jean Pierre, residing at 8649 Southwest 14th Street, Pembroke Pines, Florida 33025. Case number is ZBR2026Dash0001Dash002. The owner submitted two residential zoning variances request to legalize the existing screen patio for the property located at 8649 Southwest 14th Street in The Place Community, which is zoned residential single family zero lot r one z. June 2025, the owner submitted building permit application number RX25-five348 to build a 33 foot by 15 foot aluminum roof patio attached to the rear wall of the home. However, the permit application cannot be approved as existing work of the property encroaches until the city land development code required rear setback.
As a result, the existing work of the property, the owner provided Asfield Plan for the following request. ZER zero zero one to allow a point 10 foot augmented to 1.8 foot setback along a segment of the rear property line instead of required 15 foot rear setback for an existing 33 foot by 15 foot roof structure attached to a single family residential zero lot type. Also, ZBR twenty twenty six-two to allow 47% maximum lot coverage instead of required 45% maximum lot coverage in a single family resident, zero lot type. For staff review of the city archives, no permits can be found for the existing 33 foot by 15 foot roof structure attached. Nonetheless, according to the Broward County imagery, it appears the structure existed location since December 2025.
The applicants were that the board consideration of the resident roof severance does not preclude the owner from obtaining all necessary related approvals or permits. On 01/15/2026, the owner submitted, due to whom a concern, I'm writing support of the various application related to the screened patio enclosure at my residence. The screened patio was added to my home to provide essential usable living space due to the limited interior square footage of the house. The existing indoor layout does not provide sufficient room to accommodate work and daily household activities. As a result, the patio serves as an important extension of the rooms of the home's functional living area.
As a special education teacher, I frequently require a quiet and organized space to grade assignments, prepare lessons, and work on education material. I maintain many papers and teaching resources, and a screen patio allows me to create a dedicated area for this purpose without overcrowding the interior living space of the home. Due to the configuration of the lot, the existing structure of the home, location of rear gate, the patio enclosure was constructed slightly larger than the perimeter area on the current setback. Reducing the size to meet the standard setback would require and prevent it from serving its intended function as a practical workspace and space to spend time with family. Additionally, modifying or removing the roof to comply with the setback requirements would result in significant financial hardship.
The costs associated with demolition, reconstruction, and lost materials would be substantial and would place an undue financial burden on my household. The screened patio does not obstruct views, create privacy concerns, interview intervene with the access, or post safety or drainage issues. It is consistent with similar patio enclosures within the neighborhood and maintain the overall character of the community. The patio was constructed in good faith with intention of improving the functionality and deliverable of the home while we're maintaining respect of surrounding properties. I request the city's consideration and approval of this variance without any effects on my neighbors.
Thank you, Ms. Sheila Jean Pierre. And I'll ask you also, Have you received first of all, is this an accurate reflection of your situation?
Yes, it is.
Have you received any approvals on your permitted plans?
No. We did apply for a permit. That was in
June. June.
Right. And like I said, I respect city's regulation. I did apply for it. And the moment that I realized that something was wrong, that's when I applied for the variance.
Okay. I'm saying have you, on the plans that you submitted in June, have you received any approvals?
No, no. Not full approval because of this.
Okay. Sometimes you may get something from as a previous client, they have received structural reviews and that's a plus right there.
We received a few. It's completed about 31%.
I received Repeat a repeat again.
Yes. I did receive approval to build it. I applied with the homeowner organization, which they agreed.
Could you speak into the microphone, please?
Oh, yes. I did apply with the homeowner association, which they agreed. I gave them the plan. And I also sent the plan with the city of Pembroke Pines. But with the problem with the what do you call it? SEBASTIAN setback, that's what is holding Okay. It.
All right. And each owner is required if they live in an HOA to receive a letter of approval. That's the first step. We can go to the Okay. Mr. Zamora, do you have any the actual plans, the footprint? Because what we have on the file here is kind of hard to read. That's what I'm like.
That's what we have in terms of the location for the purposes of the zoning variance request. I can tell you, I'm looking at the primary information for the application for 8649 Southwest 14th Street. It was applied on 06/03/2025. The project was reviewed a couple times. And the approval status is as follows. Approved by structural, denied by engineering and zoning. That's what's pending, the setback.
But structural did approve it.
The structural is approved, correct.
If you get that's a start. Okay. That's good. Because my concern would be the foundation and any kind of uplift when you have a patio. A big concern is it not meet the uplift requirements and become a projectile to the community. So we're here looking at just your setback then. Okay. I have no further questions. Mr. Brito?
I have no further questions.
Mr. Pitts? No questions, Mr. Chair. Mr. Van Dandelwald.
Yeah, well, just one. Your neighbor next door, they have the same thing according to the picture.
Yes, they
So this isn't unusual. Somebody else has this too.
That's the same size.
The same size, the same everything. You're not alone. You had a contractor come in. They did it. They didn't care about any setback. They just took your money, made the structure. But you live on a lake, so there's no problem with water.
No, no. I have pictures to show you. Sorry. Thank you.
Mr. Maleleo.
No question.
As I said before, please follow through, as I mentioned to the previous applicant, with building and zoning to make sure all your requirements you get the approval. June to now is quite a long time. And you should get this done as soon as possible because hurricane season is right around the corner. Okay. So at this is there anyone from the audience with any comments regarding this these variances? Entertain a motion for ZVR twenty twenty six-one. I
give a motion to approve ZVR twenty twenty six-one under 1C. Second.
And this is to allow a point one augment to 1.8 setback along the segment of the rear property line instead of required 15 foot rear setback for an existing 33 foot by 15 foot roof structure. We've had the motion to second. Roll call, Madam Clerk.
Vice Chair Burrito?
Yes.
Member Avondondalev? Yes. Chairman Kroll?
Yes. Member Pitts? Yes.
Member Almira? Yes. Motion passes.
ZVR twenty twenty six dash zero zero two to allow 47% maximum lot coverage instead of required 45% maximum lot coverage in a single family residential zero lot type.
Mr. Chair, I put a motion to approve ZBR twenty twenty six-two to allow 47% maximum lot coverage instead of the required 45% maximum lot coverage in a single family residential zero lot type under 1C.
There is a second.
Second.
I get the motion to second. Roll call, Madam Clerk.
Vice Chair Brito?
Yes.
Member Avondadolo. Yes. Chairman Prall.
Yes.
Member Pitts. Yes. Member Amira. Yes. Motion passes.
And both motions passes. Both experiences. Please see Mr. Zumora for any further requirements.
Thank you, sir.
Thank you.
Thank you.
Claudio Lovares and Mercedes. The owners reside at 5401 Southwest 199th Avenue, Pembroke Pines. Orlando Dagger.
Dagger, sir.
Dagger? Yes, sir. On behalf of the property owner, submitted a residential zoning variance request to legalize the use of existing accessory building for the property located 541 Southwest 1 99th Avenue in the Trails neighborhood, which is zoned residential estate, RE. On 11/13/2025, the city's co compliance division have you both all signed in?
We're All signed in.
Okay. Is it the trails or Durango? Durango.
Durango, sir.
Okay. So you might be looking at the older version. The staff report got updated.
Yes. We did send and distribute that to the board just to make sure that they have the correct information. On the original staff report, it included the wrong subdivision neighborhood. It was referred as the trails. In reality, the property is in Durango Ranches, and there's no homeowners association. Just to clarify, but our documents have been updated. That's the only update that might be different from what you're seeing. But we send them to all of you this afternoon. Please let me know if
you have any questions. Thank Thank you.
Okay.
I'll start again. On behalf of the property owner submitted a residential zoning variance request to legalize the use of an existing accessory building for the property located at 5401 Southwest 1 99th Avenue in the Durango Ranches neighborhood, which is zoned residential estates. 11/13/2025, the city's code compliance division cited the property for a horse being housed or stored on a property. Code case number 250903110. The owner would like to address the code notice and to legalize the use of the existing accessory building for the keeping of a horse and its subject property.
The petition provided a letter of explanation and supportive documentation for the following request. ZVR twenty twenty five dash zero zero five three to allow 30 foot side setback along a segment of the southern property line instead of required 50 foot side setback for the keeping of a horse and existing accessory building. Per staff sir search of the city's archives in June 2024, the building department reviewed and approved inspected the installation of the existing plus or minus 1,100 square foot accessory building at location. The permit was finalized on 07/11/2024. The petition is whether that board consideration of residential variances request does not preclude the owner from obtaining all necessary and related billing permits.
ZVR twenty twenty five fifty three is to allow a 30 foot side setback along the segment of the southern property line for the keeping of a horse in existing accessory building. The code referenced 155.51, domesticated livestock and poultry. Structures for livestock raising, boarding, or housing, such as barns, feedlots, and stables, should not be located within 100 feet of any lot line. A stable with a capacity of not over four horses may be located at least 50 feet from a side or rear lot line. On page four of six from segment section four, the owner says I'm requesting approval to maintain my existing horse barn located 30 feet from the south property line on an agricultural designated property.
The barn was built twelve years ago, meets the 25 foot building setback, And this request applies only to the horse bond distance requirements under city code 155.51. The adjacent neighbor has no objection, and the horse is my medical support animal essential to my mental health as a disabled veteran. Removing or modification to the barn would create unnecessary hardship, and approval would be consistent with agricultural zoning intent and public policy, 69 code five dash nineteen. And the owner has also attached there's quite a few documents in here. Just going to read through one from the owner.
The subject property contains existing horse barn located approximately 30 feet from the south property line that limits within property address 5411 Southwest 109th Avenue, per ordinance 155.51, section 2A, which regulates livestock structures, the applicable distance required applied to such agricultural structures. The barn was constructed by approximately twelve years ago and has remained in continuous use since that time. The applicant requests it varies to allow the continued existence and use of the existing horse barn at its current location given the requirements of at least 50 feet from any side or rear lot line. No expansion, intensification, or modification of the structure is proposed. The request is solely to maintain the existing condition.
And there is no preexisting condition and no adverse impact to adjacent agricultural property, minimum deviation from the ordinance. He's also attached a hardship and health related consideration. I am a disabled veteran currently undergoing medical treatment. The horse housed within the stable serves as my medical support animal and plays a critical role in my mental and emotional well-being. Removal or relocation of the stable would cause significant hardship and could negatively affect my mental health and ongoing treatment.
And we have from the Department of Veterans Affairs, a letter in support of Mr. De Veress condition. And there's quite a few more supporting documents here. Is there anything else you'd like to add to this very, sir, or ma'am?
I'm not going to say anything. Okay. We're just asking for you guys to take everything in consideration.
Can you state your name, sir?
Orlando Dagger. I'm the agent. Everything's been the barn, everything's legalized. The livestock has been there for twelve years until we were made aware that everything was out of compliance. Mr. Loveras did everything in his
power to
address it accordingly. He even found a new home for his existing horse, legalized everything with the barn. However, based on Claudio's military experience, PTSD, the medical, you know, the livestock is something that really helps him. So we bought the horse back. And we're just asking for a variance. And that's with all the documentation there. We're trying to make it as clear as water for everyone. Sir?
Go ahead.
State your name, please.
I have my neighbors.
State your
name, State your name, please.
Claudio Loveris. I'm the affected person. I have my all my neighbors here that live around my property. They're all here to support me, and they all agree with the variance or support the issuance of the variance.
Okay. Mister Sam, we open the floor to anyone else who want to offer support. Please step forward and sign in. Please step forward and sign in. State your name.
Hold on. Wait one minute, please. One minute. I apologize. When will they clear this step to you, folks? I apologize.
No. No. Please forgive him. Let them finish first because he's are are you mister Wilder?
No. My name is David Rubin.
Okay. There's a Tim Wilder who filed an affected party objecting, so he has the ability to also come up. Is he here? I
am here.
Oh, okay. Alright. I didn't see. But let them finish their discussion and then bring up. Because there's something in the backup too that you should go over if you keep going back. Is there anything else?
No, sir. At this moment, no.
Do you want your neighbors to come up and speak?
I believe your advocates.
Sir, we have the advocate.
The neighbors that will be showing up is Please state
your name and sign in also.
Andrew Duwani. Andrew Duwani. I am the neighbor on the west side of him, on the opposite side of the canal.
Yeah. That's the one. Okay.
Yeah, I saw that. Yep. Okay.
Go ahead, sir. Your support?
Yes, I have no problems with it whatsoever. It's just unbelievable that we're here, but we're here. And I was wondering, how did Wilder know how much I mean, how did he get to measure it? Because he's not allowed on my property or Brian's property. How in the world he figured that out? Well, he'll have a
chance to speak shortly, okay?
Okay, thanks.
But you're speaking in for Mr. Liberas. Could you state your name, sir?
My name is Rafael Brayon Darbelo. I live next to Mr.
Can you get closer to the microphone and repeat your name?
5411 is 54199. I am the person to be affected for the thing he did. Doesn't affect me anything. None.
Can repeat your name,
Rapel Brian D. Arveloa.
Thank you. Thank you very much, sir. Is there anyone else speaking in favor of this? Just state your name and.
Hi. My name is Curtis Current. I live west of the property. I live over in the trails. I see that barn every day when I walk out of my house. I just want to say it's a very attractive barn. There's no eyesore about this whatsoever. And I approve of being there. That's really all I want
to say. Thank you. Thank you. Me finish my address. Mr.
Nellen, I'm also a neighbor and in support. So I am the agent, and I'm as well the neighbor to the east across the street. So yes, we're in support of livestock and the only estates in Permal Pines
to our neighborhood. Now, counsel, shall I have him step to the side while the Mr. Wilder?
I'll finish for now. Okay.
Yes. Thank you.
Thank you.
Have a
seat, brother. Thank you.
Don't go too far. You can sit in the front.
Yeah. Yeah. I'm just confirming that all of them have completed a form in support of their request.
Okay. Thank you. We have a quasi proceeding from the affected person, Mr. Tim Wilder.
I really have nothing else to add.
They've all sworn in
them. Yes.
Were all sworn.
I have nothing else to add at this time. I provided the counsel with all the documentation, with guidelines and setbacks from the state and from the colleges. And the biggest concern here has always been the way the manure has been improperly stored and spread all over the properties as you guys have this information. So that's all I want to state. And you guys have your information there and make your decision based on, hopefully the right one. So thank you for your time.
Is there anyone else? Please come forward, sign in.
And he needs to be sworn in, Mr. Chair. I think he came in a little late.
I did. Okay. Thank you.
Can you state your name, please? You swear I affirm testimony and give will be the truth, the whole truth, and nothing but the truth?
As Christian, I affirm that.
Alright. Thank you, sir.
Could you state your name,
DAVID Sure. My name is David William WILLIAM Brubeck. I own a house that is on the canal that is in common with this, so I would be an affected party. My address is 5801 Southwest 199. And I'm further south on the same canal. And you do everything you can as a dad. You build a fence.
Tell Could you you speak up a little louder?
I'd be happy to, sir. Thank you, Mr. Carl. You do everything you can as a dad. You build a fence. You tell your kids not to go in there. But balls go across and things like that happen. My son is an active kayaker and uses a microSkip. I have serious concerns about the condition of the canal behind our house and things that go into the canal. And I think there's reasons that there are setbacks and variances aren't allowed. So I vehemently oppose you granting his request. Thank you so much. If you have any questions
for me, I'll stay here. Is there anyone else? This committee has seen the documentation regarding the setbacks. It's what our responsibility is to determine setbacks. There were pictures and concerns regarding the disposal of the manure and concerns about the water condition.
That comes on the direction and authority of a different department, not this one. So these issues, we may look at the setbacks in consideration with the other items that will come under a different jurisdiction. And you've heard the concerns from your other neighbors. So hopefully, there can be a meeting of the minds consideration and make sure that there's some consideration for their residents also. But this committee will only look at setbacks. Any questions from anyone on the committee, Mr. Burrito? No, I don't have any further questions. Mr. Pitts?
I don't know if the question is for staff, but can someone tell me what the subsequent pictures are that I'm looking at here on? It's not page number that's labeled, and it's not some of our reflected, but there are additional photos in the back. But I'm not sure what they're reflecting in these additional photos.
Is that within the
That may be from Mr. Wilder. Provided?
These are from Mr. Wilder.
Is the question? Maybe Mr. Wilder can
help Mr. Us out. Wilder, tell me and explain what the subsequent photographs are that's submitted with the attachment.
From what I can see, it says wheelbarrow of manure adjacent property.
Can you go back to the microphone so can make this up on the record? Mr. Wiles? You can still explain it, just so we can make sure it's on the record.
Well, we're here, if you have these photographs. There's one here with a chain link fence and several piles by a tree. This was done by Mr. Lavares, who had brought it across the street. My bedroom's on the other side of that fence there. And whether they thought it was cute or whatever, they dumped that there and left it until it completely rotted away. The odor was ridiculous. And it's just been an ongoing problem. Again, my main concern is, though, getting into the canals. Along the roadways have you seen the mother pictures?
This is where they've spread the manures all over by the roadways, all over the properties. And you're talking upwards of nine tons of manure according to information per animal per year. Well, was two of them on there. So if you've 18 tons of manure, and as they've stated, they've been there for twelve years, Where did all this tonnage of manure go? I mean, shouldn't they be providing some type of documentation where it was properly disposed of?
This isn't a big deal with the water. I'm looking out for the environment more than anything. And at the end of the day, this should not be allowed. And I absolutely believe that the city has a major responsibility in this. Because if you're saying it's Okay to just dump uncomposted manure like this all over properties, I mean, what's the difference of somebody in a septic truck or something like that dumping things all over properties? Properties. This is crazy. And this is why I provided this information. And federal regulations have given you that information as well. So as I said, you guys have the information.
And by the way, they're now breeding horses there. In that picture that you saw, they only showed the one horse. Well, now there's a colt that is there that was just born I believe it was Valentine's Day. Cute little thing. But however, now is it a breeding facility?
If that's the case, by law, it has to be setbacks are 100 feet, not 30 or 50. So you guys really need to look into this thing, in my opinion, and look at the facts before you approve something like this? Because this has been out of control here for several years by their own admittance in statements that they provided you. In one incident, they said the building was for storage. Well, they went to the city.
And in fact, in the documents that you have, Mr. Laveris makes the statement, a certified statement, which you have, that the facility will not be used for the storage of farm animals. Well, now they're coming back and saying, it's been that for twelve years. So nothing changed other than their use. So to me, it just looks like the shell game.
Just my opinion. And this thing was approved to be storage. But yet they're saying, the whole time it's been there, it's always had horses in it. So how did the city let this get by? So meanwhile, we have all this manure going everywhere, and nobody's doing anything about it. This affects all of us. This isn't anything personal between me and them, but it's turning into a mess. And at the end of the day, we all lose here because this canal there runs into C-eleven, which goes west to the Everglades and east to the ocean. And after one guy is complaining. They said, oh, it's organic.
It's organic. Well, to some degree it is. But after it goes through the digestive tract of an animal, and you've got to read the documents I provided you, it's a whole different deal. When that stuff goes into the canals, it kills the aquatic life, causes blooms, and all kinds of problems. So I hope you put that in consideration before you make your decision here tonight. If you need more time, take more time. But don't just approve this to approve it. Thank you for your time. You need us back, sir. Yeah, we need it back.
Stuckers, I have some questions for you. Could you step forward? According to agricultural section we have here, think it says you allowed up to four animals in that situation. Now I have a question. You've heard your neighbors' concerns. Like I said, this committee only addresses boundaries. What is the requirement? How have you been disposing of the manure? Because he has pictures of it around the trees and being dumped in the yard. Is this something we have to follow certain guidelines as far as disposal of? Just to be right, this
is a zoning meeting. Correct?
There's a hearing
Oh, hearings for yeses. Zoning and setbacks. Right. This has now gone into an environmental issue, which is FDP. It's gone into a whole another matter.
I stayed in the very beginning.
And and I'm in the same boat as a representative. But as a good neighbor,
I like you to at least be concerned. I You don't
wanna answer the question?
No. We can answer it if we have to, but has anybody lived in agricultural land?
The question.
We put it on our grass. As the property he's pointing at is my land across the street. So I put it on my it's called fertilizer. I put it on my vegetation. I grow my trees. I grow I put it on my grass. That's how I dispose of my the maneuver that I want to use is called fertilizer. When you ever go buy fertilizer, that's what you put on your grass to help it grow. Anybody that's lived on agricultural land has overused the maneuver as feed, and you put it on your land to grow your I understand.
I understand. How close is your lot to the canal? Do you want footage or do you want No, I
am the property. If you're looking at the picture on the left,
I'm the property right across the street.
The concern from Mr. Wilder seems to be the fact that manure is getting back into the canal and affecting the waterway.
The reason I bring it up, the picture you're looking at, that's my property. He's taking pictures of my property. That has nothing to do with that. It's showing the maneuver on my tree.
Okay. All right. As good neighbors I'm sorry. We're all neighbors here, and we hear the concerns. And we should address those concerns. Whether it's manure or leaves or anything else, you've heard your neighbors' concerns. It would be good to understand and try and work with your neighborhood. And there are other issues involving EPA, water management, that will be addressing this, Mr. Wilder. But anybody else? Any questions?
I just
have one more, Mr.
Chair. Yes.
Just one more question. Maybe it's for Christian, but the request, as we talk about the structural layout of everything for the barn, is, as the chair had previously asked, about the permit that was submitted. Can you please
The spell those words? Was fully approved in 2023. So there's nothing else in terms of construction that needs to be done or adjust. Everything is there. The use might be the deviation from the code, the triggers, the 50 foot setback. And in reality, there's only 30. So that's the request.
So could you step us out while I have this here? Thank you. State your name again,
Sure. David Brubeck, 5801 Southwest 199th Avenue. I live on the canal. My concern is that by improving this, if you approve their variance, may be facilitating, tacitly condoning, endorsing this behavior?
GREGORY Sir, I can't quite understand.
I said my concern is that by approving this variance, you may be tacitly condoning or approving or allowing or facilitating, making it easier these things to happen. And I don't think you should approve it. Thank you.
All right. No further questions, Mr.
Victor, no questions.
Yes, I do. Mr. Dagger? Good afternoon, sir. How are you? How are doing, sir? Good. I understand is it my understanding that the structure was built about a decade ago, ten years ago?
Twelve years ago. Twelve years ago. Yes, sir.
And it's it's it's applied for a warehouse?
Yes, sir.
It was applied for storage. And since when did this become a point?
After the fact. We got rid of all livestock, and everything was just used as a storage. So that was twelve years ago? No. It was built twelve years ago. It was put on the land. Mister Loveras moved out west to put his horse due to his PTSD, which you have he's an injured veteran and has his therapy animal. However, when he had that and it got brought up to the city's attention that, hey, there's a setback of a 100 feet, not 50 feet. You cannot have a horse. At that moment, mister Lovera is in good nature, said, you know what?
I don't wanna deal with this. Let's just get rid of the horses. Let's do get rid of everything, which he did. We rehomed his his horse that he had for several years. After he rehomed it, I worked with mister Loveras to help him legalize the barn, which we said, we'll just use it for storage. Therefore, that answer, it is storage. However, once the thing got legalized and it's working, mister Lovera is being a veteran and a military vet. He has his therapy that he has to do and is backed with documentation. He went ahead and said, I want a horse. He was triggered.
I said, you know what? Get a horse, and we'll do the documentation that we have to do to help you out. So he just picked up a horse, a mane, brought it home, started working with it. At the same time, we went ahead and applied for the variance. Because irrelevant of all these arguments, if the barn is 100 feet from the property, we wouldn't have this conversation. It would be sitting on the property irrelevant of the canal or no canal. The hardship is on the property of breaking down a building that's legal at 30 feet versus 50 feet. We're arguing 20 feet on the same property. I think the objections fail to acknowledge that. We're arguing over 20 feet, irrelevant of anything else.
If we knock it down and I put it in the middle of the property, nobody's going to object. We're arguing over 20 feet. I just want to make that very clear.
Yeah. The conflict becomes the 20 feet versus to the 100 feet, right? Because it becomes 50 feet because of the barn. It becomes a barn.
50 feet, it's a barn. At 30 feet, it could be a shed. Yes, sir.
Okay. And when since when did this become a a full barn operation? I'll say we picked up
the horse about a
month ago. Just a month ago.
A month in May. Sorry. May.
The new horse? Yeah. The new horse.
The new horse since May. And
this is not this is not a breeding operation like mister Wilder suggests. I bought the horse, and I was surprised she was already pregnant. It was a surprise, and she just had a baby. That's all it is. I'm not breeding any horses there. Nobody's breeding anything. This is false information that he's trying to provide you. Thank you very much.
I just
wanna keep it to the very end.
Thank you.
Thank you. Mister Loveras, thank you for your service, sir.
We've already heard from you, sir. Thank I'm gonna move on this. As we said before, this is only for various Yes, sir. There will be other agencies and jurisdictions looking at the back for the South Florida Water Management District of Water Quality and EPA. We agree. We do need you to govern yourselves. Make sure you follow. Correct. And I ask you because we're all neighbors here, neighbors, be considered and concerned. What's your neighbor's concern? You know? Let's follow the best guidelines we can for disposal. At this time, I'll entertain a motion for ZVR 20 20Five-fifty3 to allow 30 foot side setback along a segment of the southern property line for the keeping of a horse in existing accessory building.
All right. I make a motion to approve ZBR 2020Five-fifty3 to allow a 30 foot setback along segment of the southern property line instead of the required 50 foot side setback for the keeping of a horse in an existing accessory building under 155.3011 A.
Do I have a second? Second. The motion properly second. Roll call, madam clerk.
Vice chair Burrito?
Member Pitts?
Member Evan Dondolo? No. Member chair McCraw?
Member Amira? No. Motion passes.
Motion passes. You got it. Thank you, sir.
Can we ask this gentleman, Mr. Victor,
is it?
Victor Abbeldom. You
said sergeant?
Yes, Thank
you for your service.
No, I appreciate it. No, no. He's the one that did the service. My son does also serve in the military. Thank you very much. And I Thank you. No, Thank you. No, and I dedicate my time. My question is ask you any questions. Now I
just voted, and that's it.
Hearing. We we have what I the
end that's the end the hearing.
Mike, what I
wanna That's the end of the hearing.
It's over. Do it.
It's done. You got it. It's done. Said no. Three people said yes. You're all set. You're You ready ready to to go. Go? See See that that gentleman gentleman?
The hearing is over.
Something to the
No. No. You won.
You won. You It's
You over, got it. Congratulations. You came here. You presented your case, and you won. You were successful.
My objection said
yes to people.
My objection is not that we
Now please go see the clerk.
The hearing is all over.
clerk. If he volunteers and he has that Gentlemen.
Gentlemen. Excuse me. Excuse me. There's one more variance to resolve. Absolutely. Let's move on to business, please.
What other variance?
There's two variances as part of the request.
I thought there was one.
On this case?
My apologies.
So much.
Okay. Not in this. My apologies. You're right.
Thank you.
General, we're done. We're done. I want to clear the room first.
Thank you very much.
Okay, Okay.
That's it for the items. Just have Chris. A ahead. We have the final report draft that we prepared for you. Yes. But we want to put it into consideration.
Chris, come here, because you kind of muffled there a little bit.
Yes, sir. I'm sorry. Okay. You don't hear me well?
I'm sorry.
Well, it's kind of muffled
Oh, a okay.
Okay. Now, what do I do? We got the report.
That's that's the work product that you asked me to prepare for this meeting. Obviously, based on the analysis, we had 36 variances for the year.
When do I report? Is it the June board Well, this is
for you to take a look at it and see if anything generally jumps out.
we'll take it from there.
But this is put for your consideration. Let me know. That's the results, right?
And based on that, obviously, we can
move forward. There's a couple more items that need to be included because the time frame goes from DELL:
actually April to March. So with these variances heard today, we can go ahead and complete the
work Gotcha.
Okay.
We'll provide that to you.
And I
will send it your way DELL:
with analysis. Do you want me to report in June or May?
I think we need to bring it in for next April meeting so we can take a look at it. If you decide to make any No, other changes
but for the commission.
100%. April, we can bring it back, finalize. You guys decide, discuss, take a look at it. And for the following meeting on May,
Victor. Victor? Victor?
And for
the following meeting on May, they will have
the final in which you need to vote on.
All right then.
I will send that information to you for anything. But basically, that's what it This
is the report I have to make to the commission. He's going to update That's the draft.
That's the draft.
Alright. Motion to adjourn.
I make the motion.
I second. All
in favor?
Aye. Aye.
Aye. Aye. Aye.
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