Board of Adjustments and Appeals - Regular Meeting

for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. At this time, we'll open the floor for any public comments or announcements. No, no one? Okay, moving to the next, we have an approve and consent agenda for approval of the April 7th regular meeting minutes.

I make a motion to approve them with one correction that I saw in them that I already sent to Abraham. And it said that Joe presided over the meeting and then it said Joe was absent from the meeting. So, he couldn't be both? Chris, I think, didn't Chris. Okay.

I believe.

So, Joe was there, I think. He wasn't absent. Oh, okay. So, he just needs to take out one Senate. And then, so I approve with that one change. I second. I move.

Okay, we have a motion to approve and a second. Is there anyone opposed? Okay, passed by acclamation. That moves us to the regular agenda. So first is the public hearing to discuss a request by Alfredo Silva, Jr., property owner, for a variance from section 20.7D1, District B, multifamily dwelling apartment, motel, hotel, condominium, townhouse, district area regulations, front yards. The applicant is requesting a variance to encroach the front 10 feet setback located at 5820 Gulf Boulevard, lot 6, block 191, Fiesta Isles subdivision. Is there anyone that's going to speak for this variance? Thank you, sir. Please give us your name and the topic.

Good morning. My name is Robert Moria. I'm here on behalf of Mr. Alfredo Silva in reference to 5820 Gulf Boulevard. And what we're trying to do here is put in a residential elevator on the front part of the house And the reason we're doing this is Mr. Silva has a medical condition, a vertigo. So he kind of stumbles everywhere. This is a three-story house. So for him to get anywhere of that home, he's got to travel two flights of stairs. Um, the we've looked at different options because I'm sure that that comes up. But for us to go into the middle of this home, we'd have to, uh, tear into the walls, the ceilings. The house was built in 91. It has the existing, uh, two by 12 ceiling joists and floor joists. So for us to, uh, get the shaft built, we'd have to disrupt the existing structure. So we don't want to do that. There's a lot of load-bearing walls there. And it's a three-story. So the best thing to do, more practical, would be to put three walls on the outside in the front of the house. And that's all we're going to do. So we're just going to attach that. And I think you do have a picture of the residence in the drawings there. Also, it's just going to encroach approximately 18 inches is what we're looking at. I've talked to the elevator company. They've come out and looked at it, gave us the dimensions. So we're looking at 18 inches from the 10 feet. I've parked the vehicle there, an 18-foot truck, and it does not encroach. We have about seven feet, 6 and 1 half feet to the right of way where you have the public walking. So we're not encroaching in any way on that area. And so with also Mr. Silva, you have in your documents, he does have his medical provider's doctor that sent the letter with that. And it states his condition and that it would be great if we can get a permit so that he can have access to his home through an elevator. It'll make it easier for him. I don't want to have to pick him up in the middle of a staircase somewhere.

He's a big guy.

I don't think I can carry him over up on top. So that would be great. We'd really appreciate for you guys to consider for us to put this elevator for Mr. Silva. Any questions?

I have one question. It's a single family residence.

Oh, no questions. OK. I'm sorry.

Yes, it is.

Yes. And also, just so you know, what we have here is preliminary, what you looked at. Because we didn't go a full plan. And the architect is Perla Torres. She's done quite a bit of floor plans here on the island. And so we can't really give you a full set of plans. If we move forward with this, all the floor plans will be made, the architectural work plus the engineering. We're going to use Mr. Flores, Rick Flores, who's done quite a bit of work on the island also. So everything will be up to speed and with the windstorm and the architect. And pretty much that's what I have. Mr. Silva, you want to say anything?

OK, thank you.

Thank you, sir.

Mr. Silver, are you going to make a statement?

Oh, the only thing I want to say is I want to thank you for your service. That's all. I've been on the island now 10 years. Bought that house five years ago. I had another one before, and my dream was always to have a home on the island. I finally accomplished it. It's kind of up in age, though, and so the only thing is I don't think I'm going to get much better. I'll probably just get a little more shake, a little worse as time goes on, but the elevator will help a lot. Thank you all.

Thank you. Any other folks that would like to make a public comment in support of this application? Is there anyone in the audience that would like to make a public comment against this application? Seeing none, we'll close the public comments. Thank you. At this time, we'll move to Section 5.2, Discussion and Action, to discuss the request by Alfredo Silva, Jr., property owner, for a variance from Section 20.7 , District B, multifamily dwelling, apartment, motel, hotel, condominium, townhouse, district, area regulations, front yards. The applicant is requesting a variance to encroach the front 10-foot setback located at 5820 Gulf Boulevard, lot 6, block 191, Fiesta Isle subdivision. Open for discussion.

Good morning, board members. Abraham Ochoa, development coordinator. So this item, first and foremost, well, the definition of a hardship means hardship in the context of a variance request in this chapter refers to a situation where a property owner faces significant difficulties or challenges in complying with the existing regulations for reasons beyond their control. These reasons would include unique physical or geographical conditions or other factors that make it difficult for the property owner to conform to the existing law. All requests for variances must be supported by strong evidence and a compelling argument to justify the variance. This is a determination of a hardship as per ordinance. As mentioned, this item is an encroachment of 18 inches into the front 10 foot setback of District B property along Gulf Boulevard. That is the ordinance that dictates that it has to be 10 feet on that area of Gulf Boulevard. Staff does not believe that a hardship on any other appropriate reason for the variance exists and recommends compliance with the applicable city code and denial of the variance. This is the property location. This is the survey submitter, which is also in the agenda packet. This is the preliminary proposed location for that elevator with the encroachment of 1 and 1 half feet. And this is where they're proposing to put it on the house. So that is the items we have for this variance request.

Okay, I can ask questions now, right? So I saw that there was a legal review that was done, but I don't see any reference to the Fair Housing Act on this. Since we're dealing with a medical condition, we have a letter from the physician on this. Was it reviewed in light of the Fair Housing Act?

This is not sent to legal for review now. Okay, thank you.

Abraham, why is your recommendation that we deny it?

Variance requests, for the most part, will always be recommended denial to comply with the city codes. For example, as Mr. Siva mentioned, this property, although the medical reason might be valid, the location of it, it could be relocated, although it would be more work. But financial reason is not considered a hardship as per ordinance. So the staff recommendation will more than likely usually always be to recommend denial.

On the house right, as we're looking at it right now in the photo, where is it? Is it by that planter on the right? Is that where the variance would be? Or is it by?

It's right here.

See where it says elevator. Oh, you mean right there where it says elevator?

Uh-huh, right there where it says elevator.

Thank you. There's an existing flower.

just one other question architectural drawings have not been done yet so correct they did submit

what is this and a couple other more zoomed in drawings, more than anything preliminary based off of the site and the existing house. They did use the survey which shows the existing house to draw some preliminary plans. But as Mr. Moya mentioned, they're not going to go full on with the structural and a completed set unless they they know that they're gonna be able to do the permit. So these were more than anything conceptual to show what they're trying to do and they did get a designer to do these and they did submit them to us with ample time for review and that's why the permit wasn't granted because they would need a variance approval to do this.

And if we were to approve this, It's 18 inches. So if the architectural drawings come back and it's 24.

No, the permit would not be given because the variance, if given, would be for 18 inches. Understood.

Understood. Okay. Very good.

Yeah.

It seems like a hardship to me. It seems like a hardship within the definition to me as well. And so I make a motion that we approve it. I second it.

OK. Motion's been made to approve this variance and seconded. Any additional discussion? No additional discussion. Anyone opposed to passing this variance? None opposed. Variance passes by acclamation. With no other business on the agenda, looking for a motion to adjourn.

Second.

Motion and second. Any discussion? With no discussion, we are adjourned. Thank you.