Planning and Zoning Board - Regular Meeting

Thursday, July 30, 2026

The Planning and Zoning Board approved multiple single-family home applications with conditions, following a new policy not to enforce recent zoning changes and design guidelines. The board also recommended revisiting the 2026 design guidelines for state law compliance and moving wall sign reviews to administrative staff.

About this meeting

Government Body
Planning and Zoning Board
Meeting Type
Planning And Zoning Board
Location
Surfside, FL
Meeting Date
July 30, 2026

Transcript

636 sections

0:12 – 0:26Speaker 15

Remember the core. Remember my can see here. Remember Levy. By your chair. Bravo here. That's where we have a quorum.

0:27Ruben Bravo

Thank you. Do we have a 10 commission liaison report.

0:33Speaker 15

The mayor is not present today.

0:35Ruben Bravo

Let's go to approval minutes.

0:39Lindsay Lecour

From June 25th I wasn't there but I'm happy to move to approve.

0:46Speaker 15

My apologies, who's second in the motion? All those in favor say aye.

0:51Speaker 12

Aye. Any opposed?

0:53Speaker 15

Motion carries. Chair, if I may, there is an announcement the attorney would like to make.

1:01 – 2:44Speaker 9

OK. Good evening, board members and applicants. THE TOWN HAS ADOPTED A NEW POLICY THAT INVOLVES THE ZONING CHANGES THAT WERE DONE IN OCTOBER OF 2024. THE TOWN HAS ADOPTED A POLICY THAT WE ARE NOT GOING TO BE ENFORCING CHANGES THAT HAVE BEEN MADE AS OF OCTOBER 2024 WHICH IMPACT SEVERAL OF THE SINGLE FAMILY DISTRICTS AND BECAUSE OF THAT WE WOULD LIKE TO JUST ANNOUNCE AND EXTEND APPLICANTS THE OPPORTUNITY TO REVIEW AND IF THEY WOULD LIKE TO REVIEW AND IF THEY WOULD LIKE TO REVIEW AND IF THEY WOULD LIKE TO DEFER THEIR ITEMS THIS EVENING DEFER THEIR ITEMS THIS EVENING DEFER THEIR ITEMS THIS EVENING AND GO BACK FOR A REDESIGN UNDER AND GO BACK FOR A REDESIGN UNDER AND GO BACK FOR A REDESIGN UNDER THE OLDER WHICH ARE LESS RESTRICTIVE THE OLDER WHICH ARE LESS RESTRICTIVE THE OLDER WHICH ARE LESS RESTRICTIVE ZONING AND GUIDELINES. and offer you an additional date to come back here with a modified proposal that meets those criteria rather than the stricter ones. You are free to continue and present if you want to present under what you have today under the current zoning regulations and guidelines, you can do that. However, if you would like the opportunity to make those amendments for the less restrictive regulations, you may do that and we would ask that you let us know now, that way you don't have to sit here and wait. If anybody would like to, they can come up to the lectern and ask for the deferral.

2:52Lindsay Lecour

Question for the town attorney. Can you confirm whether the 2008 design guidelines are in play tonight?

3:00Speaker 9

As of now, yes. So the 2008 guidelines are the prior to the 2026 guidelines.

3:11Speaker 9

So yes, the 2026 guidelines are the current policy is not to enforce those guidelines.

3:18Lindsay Lecour

And what does not enforce mean legally?

3:21Speaker 9

It means they are not what we are going to be judging and reviewing projects against.

3:29Lindsay Lecour

OK. And so tonight, what should we be judging from a code perspective? What should we be judging and reviewing applicants?

3:36 – 5:01Speaker 9

You can rely on the 2008 guidelines. The applicants are free to request that the application be judged in accordance with the 2026 guidelines if they so choose if they have worked it to and presented it that way they have the option of doing that the town is simply not going to enforce it if the applicants would rather go to the 2008 guidelines and which code are we using tonight We are gonna use everything except the amendments that were made in October of 2024. And I can pull up that, I'll ask the clerk to help me pull up that ordinance, which relates to certain single family districts and certain setbacks and other items that were approved there. I don't know that it necessarily is going to come to bear because I don't see anybody here who wishes to defer and redesign their project to comply with that rather than what they have. If they want to go forward complying with what is on the books today, that is their choice. It's just that the town is not going to require that. And so tonight, it is an option on the applicants.

5:03Ruben Bravo

So for clarification, no matter when they submitted their application, this is not enforceable, right?

5:13 – 5:52Speaker 9

So past action is past action. We're only talking about the applications that are here before us today. And going forward, there will, I believe, be action by the town commission to amend the code to something that is going to be enforced, of course. This is just addressing certain issues that have been identified with the passage of the 2024 code amendments and the guidelines, the 2026 guidelines.

5:53Ruben Bravo

So basically this is retroactive.

5:57 – 6:10Speaker 9

If somebody were to come with a new application to amend something that they did last month, they could avail themselves and go back to the old code rather than the new code.

6:10Ruben Bravo

But for these applications that we have today,

6:13 – 6:40Speaker 9

So these applications that are here today obviously were reviewed under the current guidelines and the current code. That is why we are offering the option for the applicants, if they would like to defer and come back with a revised application, they can. If not, they are free to proceed with what they have now. And we will judge it based on what they have now. So applicant option for today.

6:41 – 7:55Ruben Bravo

Thank you. So considering that everybody wants to proceed as established, let's go with item number four, agenda and order of business, and I receive the petition of moving one of the items towards the beginning for the application, which is the benches, right? Item number 8B. Plastic fishermen park benches for the beach. somebody will have to make a motion besides you chair yeah i cannot make the motion and so if i can pass the gavel i can make the motion yes you may right okay do you want to make the motion sure i can move the item to the beginning of the agenda 8b to be heard now i'll second the motion all those in favor say aye aye aye any opposed motion carries um No, Town Attorney, should we read the statement for quasi-judicial?

7:55Speaker 9

We can do that after.

7:57Ruben Bravo

After this? After this. Okay. And Madam Clerk, do we need to serve anybody after this?

8:04Speaker 15

Not yet, because we're just gonna do the discussion item first.

8:07Ruben Bravo

Perfect. So let's proceed.

8:13 – 8:29Speaker 12

Yes, I'll quickly introduce this item. It was brought before you at the last meeting and there were some questions and it was requested that the representative come today and discuss the product and provide some pictures and also material samples when he is here today.

8:50Speaker 11

Testing. There we go.

8:51 – 9:19Speaker 10

Good evening, board members. Rodrigo Buterin, 9517 Carlisle Avenue. So I am the founder of Plastic Fishermen, and I'm going to be talking to you about our workshop today, where we transform the plastic that we collect at beaches around and areas around Miami into furniture. So I'm here to share the deck. Is that what we're doing, or I'm here to answer questions? Answer questions. Answer questions. OK, so I'm assuming you've already seen the deck.

9:22Lindsay Lecour

Maybe you could give us an overview of what the plan is for these. I've seen the pictures, but are you asking for a decision or a recommendation on something?

9:33 – 10:52Speaker 10

Well, I was requested to come share what we do and why we do it. Why we do it is basically we are an educational program all over the world. We started here in Surfside. And what we do is we educate people about marine plastic pollution. But not only that, the plastic that we collect, again, is transformed. It's recycled at our facility in Opa Loca and turned into benches and other types of furniture. So what I brought to you today is some samples that I'm going to show you so you can see the material itself. And I was invited by Commissioner Modena to talk about the possibilities of making some of those benches for our town, for Dunes, right, for the spaces that we have at Dunes. Some notes for you guys to know that each one of those beams here, which are 46 inches by one and a half thickness and three, they have around 1,100 plastic caps or plastic pieces in them. Each one of those benches that we are showing you have around 19,000 plastic caps or pieces in there, which are equivalent to 84 pounds. So those are quite heavy pieces. They are 46 inches long. They could be longer than that. We can double that to a 92 inches long. It's again customizable like this one here. Yeah. So they are very, very, very solid.

10:54 – 11:13Speaker 7

Question. So is there a specific type of the structure? I know it seems the colors are, you know, custom colors, but is there a specific type of bench that we were looking at?

11:14 – 12:54Speaker 10

The benches that you guys were looking at was this one here, which is called the bay bench. This is a double size bench or a single size. The double, of course, it's bigger, heavier, therefore much, much harder to be affected by any type of weather-related event. um they are like i said very heavy they are basically i'll call it bulletproof because it's plastic and it's the wind sun it doesn't matter this will last forever all the rivets are hidden inside so there's nothing exposed and all the materials that we use inside are stainless steel so this is a forever type of bench in terms of color we work with what we find so that's kind of the beauty of what we do and i invite you to come see our workshop and learn The process, we have volunteers coming in. Lots of high school kids come and learn about the process. But what we do is we make them as we get them, basically. This is another example of a bench. This one here has a metal base. So I wouldn't say it's ideal for the beach. I would prefer much more for us to go with something that's 100% plastic just because of the nature of the space. This is something that is great, but it's more of an inside type of bench. It's a little bit more delicate. So, yeah, these are some of our benches, and we've been working with different companies. Sometimes companies organize cleanups with us, and then we provide them with a bench with the material that was used during the cleanup, including, like, Warner Brothers, Discovery, schools all over the world, all over Miami. We've also done some, I don't know if you can see on the left, like, some towers where, you know, we use the plastic from the beach to turn that into, you know, plastic collecting, you know, signs around the beach. We've been featured on Don't Trash Your Treasure. Yeah, so that's what we have. I'd love to to bring you this so you can see.

12:55 – 13:14Ruben Bravo

And before we continue, yeah, bring it over. Before we continue, I want to recap on this item. This item was presented by the town manager, Mr. Diaz, in the last meeting, right, in the most recent meeting, and that was petitioned by the commissioners. So the commissioners wanted us to review this item.

13:14Speaker 13

That's correct.

13:15 – 13:53Ruben Bravo

I don't recall exactly the number of benches we're talking here or the location of the benches, but I do recall that we were talking about the material itself because we didn't have samples or anything to see. That was one question. The other question was, Existing location where these benches are installed nowadays so we can see how they behave like in natural conditions We were asking about the pricing also, so I I don't know if we can entertain those those aspects location number of benches pricing Existing absolutely. Okay.

13:53 – 15:06Speaker 10

So starting with location I first presented this to the commissioners and they discussed something about being on the dunes or or and be in the face of the channel, right? So on our exits towards the channel. So it was one of those things that was just like, let's talk to you guys first and see where those could be placed. And that could be the decision. There's no decision at this point. In terms, the second question was location. Yes, we've worked with schools. Like there's, you know, Whispering Pines, you know, for instance, has a couple of benches in there. Warner Brothers Discovery has a couple of benches in there. There is a company too that's a plastics company. I don't know the names right now, but I can get you where the benches are. There's also benches at, here they go, yeah. Yeah, these three benches here. Sorry, I don't remember the name of the company, but I can get you all of that in writing, so you can definitely give them a call and make sure you check it. And in terms of pricing, I don't know if I have pricing. Oh, yeah, there you go. So the two-people bench, the 46-inch one, it's $1690. And the four-people one, which is the double size, is $2800 per bench.

15:08 – 15:21Speaker 7

Were we always going with the Bay Bench? Just curious. Did it go through? Was there a- There was no decision that I recollect.

15:21 – 15:41Speaker 10

No, it was one of those things. I just bring it to you guys, you guys analyze the design. Even if you say, Rodrigo, I love the material. Here's the design. Would you like to experiment making that design? I'm open to that too. One thing I remember though was, when we make a bench to make sure that we put something in the middle so people don't sleep on them. That was the only note that I remember being a must.

15:41 – 16:29Lindsay Lecour

Through the chair. I just want to say I love what you do. I think I've been to a few of your events. I love the idea of taking the garbage and the plastic off our beaches and making something beautiful. I think these are beautiful. I think the bay bench is a good option because it doesn't have metal. It's sturdy. You can feel how sturdy this is. I think it's going to hold up. So I strongly support this idea. I would love to see some of these on the beach or at the street ends facing the canal. And I also like the collection stations you have. I mean, I walk on the beach three or four times a week. I pick up garbage and throw it away. If there were a receptacle for the plastic caps you use, I would drop those in there and we could just keep this going. So I would be in favor of having a few of those along the beach as well.

16:30Speaker 7

There are Is there any way to add this lady green bin to the discussion?

16:40Lindsay Lecour

The garbage can? Yeah, I love the garbage can too.

16:44 – 17:07Speaker 10

Again, those are things that we can add on. We can keep on adding as we wish. One thing I recommend, of course, is if we do follow this path and have the... The stations, I would have them near, of course, the beams, right? So by the entrance of each one of those. So people can, I mean, of course, we try to collect as much as we can. So we use it again on the construction of the new pieces.

17:08 – 17:25Lindsay Lecour

And just one more point, I buy a lot of benches and garbage cans for my developments, and they have to be heavy and sturdy so they don't walk away. We're spending more than these prices on those sorts of large concrete or heavy materials, so I think the price point is also good for the town.

17:26Speaker 7

Yeah, if there's a way to get maybe a map, some kind of markup just to see exactly where we're going to put them, I think that would be great.

17:35 – 17:59Speaker 10

Fantastic. I'll rely on you for that direction. But once you tell me, these many, these locations will start a process. Absolutely. And I also, again, I invite you and invite the town. I'd love to create a system where the community could come and participate in the making of this. Because, again, it's a fun process. It's a learning process. And that's what we do. We're not only making furniture. We're teaching people about the potential of the material and how to avoid, you know,

17:59Ruben Bravo

And basically that would be the sample that is applicable to this selection, right?

18:03 – 18:18Speaker 10

This is one of the beams that go exactly into the bay bench or even like the beams here. This one here is a 2x4, so it's a little thicker, a little bigger because of the structure. But for the benches that you see here, these are all basically that.

18:18Speaker 7

So how do you vote or agree on what the color is – going to wind up being.

18:28 – 18:54Speaker 10

You can tell me which colors you want and I'll try my best to, because we have, of course, we've been collecting plastic and we have like buckets with them. But if you tell me, Rod, I need 20 blue benches, I'll say, hold on, like we, I don't think I have 20. No, I love the multicolor. But we can say, I just want them on these colors. We can make it on these colors. I highly recommend they get colorful because it's a very Miami thing, I think. But I'm open to whatever recommendation you have.

18:54Ruben Bravo

I've been told we are a source site. We're not just Miami.

18:57 – 19:15Lindsay Lecour

I would move we recommend the bay bench and consideration of the green bins and also the collect this fishing stations forward to the town commission for next steps there's one you made a comment about having a bar in the middle to so that nobody can sleep on them.

19:16Speaker 7

Is there one in here that, I just don't see it in there, but it'll just be right in the middle and it'll be.

19:23Speaker 10

This will be an add-on, yes, let me see if I can point it to you where I would do it. It would basically like one more plastic, there you go.

19:29Ruben Bravo

So maybe the motion is exactly what you said, but adding that portion.

19:34Lindsay Lecour

Yeah, I mean, I don't know how much detail we need to provide. I think they're just looking for us to yay or nay and, you know, so. I vote yay. I move yay to the town commission.

19:44Speaker 7

Do we have to say the quantity of them?

19:49Lindsay Lecour

I don't think so.

19:50Speaker 9

I believe the board member has made a motion and is waiting for a second. I second.

19:57Speaker 15

All those that say fair say aye.

20:00Speaker 15

Any opposed? Motion carries.

20:03Speaker 10

Thank you very much.

20:04Speaker 15

Looking forward to it.

20:08Speaker 7

I guess can I? No, no, no. That's good. Thank you.

20:11 – 20:22Ruben Bravo

Should I add on there a motion to discuss the bins? Too late now. Unless you retract the motion, then we can do another one. The what? Bins? To discuss the bins as well.

20:23Ruben Bravo

No, it's part of the motion. It's part of the motion.

20:26Speaker 9

So to be clear, the motion includes the- Bins.

20:29Lindsay Lecour

Three items, the bench, the bay bench, the garbage can, and the collecting station.

20:36Lindsay Lecour

For consideration.

20:38 – 20:49Ruben Bravo

Very good. And now we go to item number five, applications. And then, Town Attorney.

20:49 – 22:23Speaker 9

Okay. I'm gonna read the quasi-judicial statement. So the applications on this evening's meeting agenda are quasi-judicial in nature. The decision of whether or not to approve or recommend approval of such applications is not a popularity contest. We cannot base our decisions only on opinions, however important those opinions are. By law, we must base our decision on legal criteria and on substantial competent evidence. This means testimony or other evidence based on personal observation or relevant expert testimony that a reasonable mind would accept as adequate to support a conclusion. This includes the recommendations of the town's professional staff, as well as some personal opinions about whether people are in favor of or against the application. Everyone shall be given an opportunity to speak. If you intend to provide testimony as to any of the applications considered tonight, you shall and must be sworn in by the clerk before your testimony is taken. Please know, if you speak, you may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but... The public may request the board to direct questions on their behalf to either staff or the applicant. For each application considered tonight, we will first hear from town staff and then from the applicant. After this, the chair will allow anyone from the audience who has been sworn in to provide testimony. Please make your comments concisely. Madam Clerk, can you confirm compliance with the advertising and noticing requirements?

22:23Speaker 15

They have been confirmed.

22:25 – 22:37Speaker 9

Board members, have any of you had any ex parte communications with the applicants or any members of the public either for or against any of the applications to be heard tonight? If so, please state so for the record and the nature of the communication.

22:39Ruben Bravo

I was contacted by Mr. Safransky about one item in the agenda, but we didn't have any conversation about it. He tried to contact me.

22:49 – 23:00Speaker 9

Okay, and that will not affect your ability to be an impartial? Absolutely not. Judge on this, thank you. Madam Clerk, please swear in staff and those who intend to speak on the items on this agenda.

23:02Speaker 15

Please raise and raise your right hand. Do you swear and affirm to say truth and only put the truth? You may be seated.

23:16Speaker 9

Mr. Chair, you may begin.

23:17Speaker 7

Mr. Vice Chair.

23:25 – 23:42Speaker 9

we have one uh quick change to the agenda item number 5d uh has been uh has been withdrawn yeah thank you so let's go to item number 5a 9156 emerson avenue new single family home

23:42 – 25:17Speaker 12

Thank you. Staff finds that this application meets the zoning code requirements, and if the board finds the plan is consistent, staff recommends approval with a few conditions, that a drainage and grading plan is reviewed and determined to be consistent with the code requirements, that the green building certification and LED requirements are met, and at the time of building permit, the applicant may post a sustainability fee, payment bond, or the full payment of the sustainability fee to the town. This application is a request to construct a new two story single family home on 5,620 square foot lot. The subject property is located 9156 Emerson Avenue, H30B zoning district. The property is an interior lot and exterior design elements include smooth stucco finish, and aluminum railings. Black lintel frames are proposed for the windows and composite cladding is proposed wall panels. The front facade provides articulation and recessed entranceway. The rear of the home features similar material finishes as the front and sides. The proposed lot coverage for this home is 2,143 square feet or what's equal to 38% of the lot for the first floor. with the floor area ratio of 0.55. Setback calculations for the additional second floor setback have been provided and they comply with the minimum requirements and a grading plan will be required to be provided as a condition with the building permit.

25:20Ruben Bravo

Thank you. Do the owners or owners want to speak about this house?

25:43Speaker 3

Yes, good evening. My name is Fred Cardoso. I'm the architect for this project.

25:49Ruben Bravo

If you can state your address for the record as well.

25:52 – 27:21Speaker 3

My address is 5830 Southwest 73rd Street in South Miami. We presented this house originally, I believe, was three months ago. Then we came back two months ago. Last month, I missed it by a day and couldn't present it. But the design basically had been done for a couple of months after we had the opportunity to speak with one of the previous members of the board and get his input, his opinions. And they helped, obviously. We were able to reduce a lot of the items that felt intrusive to the exterior of the home. And so this is what we arrived at. And we're very happy with it. Our clients are happy. We're hoping that you find it complying with all the requirements and in trying to keep with the rest of the homes around it, which is not easy because, as you know, all of the homes around us are at a lower elevation. And we are now forced to raise this six feet above the street. So it's not easy if we start way too high and it kind of becomes oppressive on the other houses. But we think that we've been able to lower the scale of the house so that it's not as obtrusive. Do you have any questions? I'll be glad to.

27:25 – 27:48Ruben Bravo

Before we have questions, I think we have to open the floor to public comments. Anybody wishing to speak about this item? Then we close the floor. Now board members feel free. Who wants to ask any questions?

27:52Speaker 7

I think you have some of the materials there.

27:58 – 28:20Speaker 9

Chair, can I get you, please have him speak into the record, please.

28:23 – 29:43Speaker 3

That work? Okay. So on the sample board, I'm showing the sample of the aluminum basically just for color and size. The samples of the colors of the paint that we will use throughout the house. And the composite material that we intend to use sparingly on the front and back elevation. We trust this material quite a bit. In fact, it's been installed in several homes here in Surfside. And I know that originally it kind of got some comments saying why do we have to go with the composite material and not you know real wood and obviously there's a lot of differences the material is there cost is one thing but the other thing is maintenance the maintenance on this kind of thing and you can see it in many of the homes on in front of the the canal that went with the wood and they have to be maintaining that and redoing it every six months so the wood is going where and the composite is going where No, we're intending to use a composite, as you see, all of those vertical elements. So the wood is not part of the... I brought this just because of the comments that they provided before, so that we do the comparison. But this material is really of a super good quality. It's not like what they sell in Home Depot.

29:45Speaker 7

What is that? It has a good texture. What is that product?

29:48Speaker 3

It's... I don't have the name of it. It's a composite wood material.

29:56Speaker 3

It has a good texture. It has the colors, and we're trying to get more to this color than the darker, as you can see on the elevations.

30:08Speaker 7

But that's not an aluminum?

30:10 – 30:29Speaker 3

No, no. much like the composite wood that you see used in decks and everything, anything outdoor because it's obviously a material that lasts and it's going to withhold the elements in this area, you know?

30:30 – 30:49Lindsay Lecour

Yeah, it's tough. The maintenance versus the warmer look is a tough trade-off, yeah. Do you have any comments?

30:50Speaker 1

It's funny, you know?

30:52 – 33:13James Mackenzie

I find it quite interesting that all of a sudden we're sort of in limbo is where I feel like we're at. I can see some touches based on the comment that you made that you reached out to a previous member. And I honestly have to tell you that the articulation of the back of the house, I find it more residential than the stiffness of the front facade. And I'm not sure if it's something about whether you have these caps, these lines that you're outlining in a darker color versus the background of the actual building. And maybe what needs to happen is, since, and I may be completely out of line because now setbacks are sort of fair play uh you may consider having that top horizontal line of the second floor cantilever further out maybe that helps to bring down the sense of height, extreme height that it appears to have from the front facade. Now obviously this is an illusion because in the back you still have the six feet above the existing ground and there's no really room to see the house from far away. Here you have a different condition. So I would just suggest that. I think it'll go well with that line of the roof or the first floor that has all these plants hanging out that I hope somebody takes care of because otherwise that's not going to look like that. But the other comment is, do you really need a big window in a bathroom, especially in a tub? I mean, I think that would do a lot for the presentation of the house towards the street if you could get rid of that window. But that's only my opinion.

33:14Speaker 3

Yeah, I think it's one of those that we actually made larger after discussions.

33:20James Mackenzie

It's in the shower of a bathroom in the second floor.

33:22Speaker 3

It used to be smaller.

33:24James Mackenzie

Well, I would just take it out completely.

33:26Speaker 3

Suggestions, we made it larger. I don't think it's a problem.

33:30 – 34:40James Mackenzie

I don't think it's a place where you sit and contemplate the view from the second floor. But anyway, it's up to you. I think fair play. is all out there. My last comment is there seems to be a little bit of a lack of proper composition between the door of the garage, which sits low, obviously, because the car's not on jacks, but then the entry door goes all the way to the floor to ceiling. Meanwhile, the window to the left, which I think is quite an important window, I would try to make an effort to bring that all the way up so that it matches the height of that front door. And the composition starts to look a lot more different and more inviting. Instead of having an array of components, you simplify it into a couple, one, two, three, and that's it. And I think the simplicity is going to add to your design. That's my only comments.

34:43 – 35:13Speaker 3

I take your comments well. I think they're all well thought of. We don't see a problem in extending that overhang. Certainly, we have that terrace on the second floor. We could extend three or four feet. It's still doable with the structure without a major problem. I agree with you. I was looking at the garage and I was thinking that at least we should do a panel of the size of the garage door that raises it to the head of the window so that they match.

35:13Lindsay Lecour

That's a tough header. Those are always tough. Yeah.

35:16Speaker 3

So we can recess it just a couple of inches and have it in a different color so that it looks like a larger

35:22 – 36:16James Mackenzie

Excuse me for interrupting, because in the back, in the composition of the rear, you have the slats that you presented, the composite slats that go all the way up. And that first floor looks really clean with that column in the corner and then the header beam across with the slats reaching up to that point. And I like the composition of the back. With respect to what I was saying about the roof, that line that you're creating up there, you don't necessarily need to extend it in both directions. I think you have a terrace to the north. I would imagine this is the north on the right of the front elevation. Yeah, if you just extended that one side to cover that terrace, which is yours anyway, it would be quite interesting to see.

36:17Speaker 3

Also, you're saying he doesn't have to come forward.

36:20 – 36:48James Mackenzie

I don't think so. I think it just needs to go to the right. Because the bottom line is so strong where those plants are trying to hide it. That line is very strong and I think the other one is too timid. So if you just extended it a little bit towards the group of palm trees on the right, I think it would bring the whole composition a little closer.

36:49Speaker 3

No problem. That sounds fair.

36:54 – 37:20Speaker 3

I just wanted to point out that in the back, yes, the wood panel goes to a beam. And in order to still get that effect in the front, I would bring the column up to still leave a beam of the front face of Stockholm. So raise it like two feet with that panel so that it matches the window. I don't think we should bring it all the way up to that overhang.

37:24James Mackenzie

You know, we seem to be in a whole different ballgame. Yeah. You're the boss.

37:33 – 38:12Lindsay Lecour

I would say thank you so much for working with us over these months. I think this design has improved so much, and I think you should be really proud of it. I think it's beautiful. And I think, you know, just for the board's sake and anyone listening, this is exactly how P&Z helps make some of these designs possible. you know, better with collaboration with the applicant. And this is why I think our design guidelines are so important and why the collaboration between the applicant and the Planning and Zoning Board is important. So thank you for working with us. I'm in favor of moving this forward. I'd like to move to approve with staff conditions and consideration of what James suggested at your.

38:13 – 38:30Ruben Bravo

Let me, I have a couple of questions here. I'm sorry. I have a couple of questions. Number one, and this is about, you know, technicalities maybe. on page A13, you have the scopper between six and seven, right? Between six and seven, you have.

38:36Speaker 3

The parapet that we have in order to enclose the AC unit?

38:39 – 39:00Ruben Bravo

Right, and there's a scopper there, right? Correct. Okay, so that is gonna create water going into, if we go to the ground floor, You're going to see that opening on the ground floors. That may create some sort of issue in there. Good point. Good point.

39:01 – 39:19Speaker 3

We can certainly send the water sideways so that we use only the one on the left, like we have here. Use the one on the left, avoid having the one by the AC, and have it sideways. I agree with your point. Besides, that would give us only two on the side elevations.

39:21 – 39:47Ruben Bravo

Now, the other question that I have is I don't see anything. Yes, we have to raise this house, right? It's part of what we need to do for COVID and FEMA. Now, how do we prevent the water running off to the sides, right, to the houses, existing houses in there in this situation? Because I don't see any element, any component preventing that water runoff. No, as you know,

39:49 – 40:08Speaker 3

It was mentioned we're going to have to bring our grading and paving an engraving plan. And basically what we need to do is berm the perimeter with a low berm and do the soil around it to keep all the rainwater in our property without going to the neighbors or to the street. And we'll comply with that.

40:09 – 40:26Ruben Bravo

And very quickly, I don't know if you have thought about what certification you will be pursuing lead of FGBC any certification and what what components you have in here to make sure that it's going to be achievable.

40:27 – 41:07Speaker 3

To be totally honest with you, I had not seen that requirement. So we had to evaluate it. We certainly have top of the line windows. top of the line mechanical equipment that works with the uh for the energy calculations we have materials you know that are uh environment friendly like a roofing and so on i think that we can make it comply if not in nothing else with the with the housing the housing standards mr chair yes can i make a suggestion absolutely based on your comments

41:09 – 42:34James Mackenzie

I know that it's a little bit more expensive to collect water on the roofs. duct them all the way down to a crawl space and put a tank, a reserve tank in the crawl space. Maybe the cost of doing that, when I say the tank and the crawl space, I'm talking about something that can hold maybe more than 500 gallons of water, rainwater, which could be then turned into a watering system for the plants, the beautiful plants on the first floor and the garden. So you're doing two things. You're saving money for the client who's gonna live here and having that second meter for irrigation, right, over the long term. I'm doing that in a house that I was so fortunate to get approved with this tough board. And I think it's going to be hopefully a good example for a lot of people that build and just fill five feet of crawl space with dirt that really doesn't help anything with anything when it comes to major storms.

42:35 – 42:46Speaker 9

Board members, I just wanna quickly point out, I believe the LEED certification, that is something that the town is not going to enforce because it was part of the 2024 amendments.

42:47Ruben Bravo

Correct, but this was submitted prior to that or after that?

42:55 – 43:11Speaker 9

It was submitted and it was designed under whatever guidelines it was, but the town will not enforce it. the applicant can choose to meet it. I just want to make it clear that the town will not enforce that requirement.

43:11Ruben Bravo

So that's why I was asking if they were, that resolution was retroactive. So it doesn't matter when they submitted the application. That is correct. Okay.

43:21 – 43:47Speaker 9

That is correct. And again, and right, that we're going to, this board has to make the suggestions, and certainly I want to just make sure that we're not going to suggest, and we can suggest and guide, but I want to make sure that additional requirements beyond those in the code and the guidelines are going to be just suggestions but not requirements. Thank you.

43:50Ruben Bravo

Anything else, Mr. McKenzie?

43:54 – 44:22Lindsay Lecour

again that was just a suggestion thank you very much so do we have a motion yeah i have a motion on the table to approve with staff conditions and consideration of james's suggestions and i'll second the motion you can't second the motion yeah the the chair can second he cannot make yeah wow i wish i'd known that these last 15 years i was surprised last time so you know from now on i'll do it

44:24James Mackenzie

A lot of things changing.

44:25Speaker 15

Board Member Licor? Yes. Board Member McKenzie?

44:30Speaker 15

Board Member Levy?

44:33Speaker 15

Vice Chair Bravo?

44:35Speaker 15

Chair, the motion carries.

44:36Ruben Bravo

Thank you very much.

44:38 – 44:52Ruben Bravo

Congrats. Item number 5B, 9017 Hardin Avenue.

44:56 – 46:21Speaker 12

Yes, staff finds that this application meets the zoning code requirements and if the board finds the plan is consistent, staff recommends approval with a few conditions. A drainage and grading plan is prepared and determined to be consistent with the code at the time of building permit. that all mechanical equipment is required to be screened for acoustical mitigation per the code requirements, and that the minimum floor, finished floor elevation is required to be at least 10 feet in GBD, and the perimeter fence shall consist of material that is permitted by code, and note that composite-based materials are not allowed. This application is a request to construct a new two-story single-family home on 5,625 square feet. The subject property is located at 9017 Harding, and it's in the H30C zoning district. The property is an interior lot, and the exterior design elements include stucco finish and wood and bronze details. The rear of the home is also similar material finishes, and the proposed lot coverage for the home is 3,719 square feet, while lot coverage and FAR are not regulated in this zoning district. Setback calculations for the additional second floor setback have been provided and comply with the minimum requirements, and again, a grading plan will be a condition of approval for building permit. Thank you.

46:24Ruben Bravo

Thank you very much. To the owner, owner rep wants to present.

46:29 – 46:43Speaker 2

Evening, everybody. Graham Penn, Burke Howard, L. Fernandez, Larkin, Tappanus, 200 South Biscayne Boulevard. Finding the file. Okay. Boop.

46:45Speaker 5

Is that good enough? Let's see. Okay, perfect.

46:48 – 51:47Speaker 2

It's good to see everyone again as always. I'm gonna be as brief as I can, which is always a lie, and then I'm gonna turn it over to Steve Lurie, our architect, to take you through the actual design. As Scarlyn indicated, this project, this new home meets and exceeds all the relevant code standards. And it's also because of its unique location in comparison to the typical single-family home you see. Resolves a lot of the concerns you would typically have in interior lots west of Harding. So let's go through it briefly. So here we are on the east side of Harding. as you know, a state road with three lanes. To our north, we've got 9025 Harding, which is an existing two-story apartment complex. To the south of us is an empty lot, To the east of us is 9024 Collins, which is, again, another two-story apartment building, and then the larger assemblage to our northeast of 9040 to 9048, which is a series of additional two-story apartment buildings. So this house, unlike most of the projects we see, is in a very different environment than an interior lot that's in H30 that we see a lot of. We really have, we're surrounded by multifamily development on three sides existing and probably on the four, you know, two existing and three likely when an empty lot gets redeveloped. Property is a single-platted lot, 50-foot wide. It's a typical lot subdivision within the town, so it's a total of 5625 square feet, like most of our lots are, and it has that unique zoning of H30C, which as Scarlett indicated, removes a lot of the other requirements you have in H30B that are specific to single-family. This is a view of the property looking to the east. You can see looming behind us is the surf club on Collins. The characteristics I want to focus on briefly is the way that the access to the existing house is. That's a concern that you see in a lot of these older houses and properties. It impacts the site to the north as well, where the parking is basically directly off of Harding. which is a dangerous situation that often requires backing into the right-of-way, which again is a characteristic of older houses we've seen throughout the town. This is the neighboring apartment complex to the north. With that exact same situation, we're pulling directly off of a state road and backing out into a state road. This is the existing empty lot. The project, obviously, is a new single-family house. We meet and exceed all the dimensional requirements. I do want to note, and this is reflected in staff's recommendation, and I put it on my slide, the actual building height from the crown is 29. We're allowed 30, but it's not 25. Staff's recommendation shows it as 25, and I listed it that way too, but I wanted to be clear for the record. Importantly, this exceeds significantly the previous area requirements and has a massive, for this size of a lot, new landscape plan being added, 40 new trees, 12 new palms, and 48 new shrubs. As Ms. La Cour noted, and I say this every time I'm here, the role here of the board is to provide guidance to applicants to move them and these projects in a way that's closer to the design guidelines. Given the impact of state law, those design guidelines are technically the 2008 guidelines, but Looking at the new ones, we think that this project is absolutely consistent with several, actually consistent with the guidelines, and I want to highlight three of them. First, as you'll see when you look at the plans, and Steve will show you, we have a single car garage. This facade is not dominated by a garage. It's pushed back. It's not the... the element that's staring you in the face when you look at the house. Instead, the front entry is emphasized, which is directly suggested by the new design guidelines. Even though they don't apply, I think for illustrative purposes, we can see that this project has been designed with them and their goals in mind. And as to all the 360 design, every single facade has changes in plane, overhangs, and or insets throughout it. So that is consistent with that goal of ensuring no blank facades. So with that, let me ask Steve to come up and take you through the design quickly, and then we can answer any questions you may have. Just do down. Up and down. OK. Great. OK. OK.

51:48 – 55:59Speaker 5

Hello. Thank you for the opportunity for us to present our project. My name is Steven Luria. I'm the architect, and my address is 9641 Southwest 100 Avenue in Kendall. Thank you, Graham, for making my work a little bit shorter. Yeah, the design is, the first thing I like to talk about is the sort of arrangement of it and the volume, the massing of it. As you can see, In keeping with the architectural styles of this area, it has a little bit of art deco, but a contemporary feel. It blends in both with other residential properties around that area, as well as the commercial properties, the multifamily that immediately surround it. However, it is broken up to a point where it's less in kind with the commercial aspect of the neighborhood. And the breaking, for example, of the banding in front and the two different balcony heights and the fact that the entrance is prominent and the garage is set back. as well as the large L-shaped element that brings up the side that will eventually face probably another apartment complex and we have broad overhangs to protect the structure and to bring the eye away from any heavy volume sort of massing so it's it feels very light it's transparent and has a lot of shadows and of course the landscaping I think will also reinforce that we have a good deal of thought put into the lighting you can see on the soffits for example we have all kinds of we have an array of lighting uh down lights up there instead of any kind of security lighting so that it has a each one of those lights has a 30 degree beam so they're more like a spotlight that will light the surface below without shining out into the street or into neighbor properties there are up lights on the four corners of the property that highlight the trees in those locations And the landscaping is designed in a way to shield and create a shield view from other higher properties around it, but also provide privacy to the people that will eventually live there. The colors are chosen to sort of mimic sand and natural materials in the area. So we've kept it warm. We've kept it very light and neutral. And really not mixed a lot of different materials here. The banding that you see in front and the soffits are a composite oak material. So that's the soffit. And the color that we have for the paint is this one.

56:17 – 56:40Speaker 5

This is the composite material for the decks. It's really only one deck in the back. I think the other materials in the front, which are protected behind a, They're raised up so you really won't see them, but those are going to be concrete material, so very light, which has good reflectivity.

56:47 – 1:01:20Speaker 5

I think these are the steps and paving materials for the pool deck and second floor balconies. And this is the general color of the exterior stucco. Okay? Yes. And of course, the bronze aluminum window mullions. And we would probably want to go with a A slight tint to those windows. We want to give it a gray tint, especially the west-facing windows that are in the front. Some thought was also given to the pool placement on the second level. It's set back from the front and it is shielded by the house itself from the large apartment buildings that are behind this house in order to give maximum privacy to people using the pool as well as keeping people in bathing suits from being right up in front. So we've done the best we can with that pool location. And also by putting it on the second floor, we allow more of a footprint for the house and make better use of that area. These are some of the landscaping trees and bushes, shrubs chosen. The ones along the, I guess that is the south side, that will be shielding the future development on that corner lot. our large anyway it's it's a large tree looks like a Cypress tree they're very tall and thin so there's a number of them along there to create a screen and on the south side see that's the front On the opposite side, it's a mix of two different trees there. I'm sorry, I can't read that. But it's like a wintergreen color. And then there's another one, a stopper tree, which has quite a few flowers on it. So you'll have some color and sort of a wintergreen look to it. This was an attempt to show some of the lighting we have some up lighting around the planters in the front and. We have lights very carefully chosen not to spill onto neighboring properties and. You know the. Too bright or too much glare so they're really meant just to light the plants that they're next to and that's it. This shows you the massing of some of the buildings surrounding it, very much in keeping with everything that's around it. And that concludes the presentation.

1:01:20 – 1:01:32Ruben Bravo

Thank you very much for the presentation. We're going to open the floor to public comments. No public comments. We'll close the floor to public comments. And board members, we expect your comments now.

1:01:35 – 1:02:02James Mackenzie

OK. Hi. Hi. Just wanted to Suggest to you, I think the front of this building, it looks like a building, the house is, for its location, I think you did a great job. But I have a couple of suggestions for you, if that's allowed. Open to suggestions.

1:02:02Speaker 5

If you're okay with that. Yes, mm-hmm.

1:02:05 – 1:02:56James Mackenzie

Question. Your pool is on the northeast-northwest corner of the site. Correct. Did you consider the sun position at all in the selection of that corner for the pool, or there was other reasons and factors that made you decide to put it there? And I'll tell you why. The sun on the north side of us is probably maybe a two month thing. Most of the time the sun is on the south east corner of your property. And it seems like really appropriate to be out there in that pool when it's nice and sunny out. But I'm curious to know what made that decision.

1:02:58 – 1:03:26Speaker 5

Well, mainly it was for privacy and to shield the view of the pool itself from other buildings around it. However, there actually is quite a bit of sun on that deck. The pool is towards the north side so that the building, which is to itself, is actually set back a little bit.

1:03:31James Mackenzie

So the commitment of having it there has been made, right?

1:03:37Speaker 5

Yes, it's really an integral part of the structure of this house.

1:03:41 – 1:04:17James Mackenzie

I thought flipping the house would be perfect for that pool, but I'm sure you have stronger feelings about having it on that corner. I think the front is very articulate. I also like the fact that unlike the previous presentation, your windows and front door match the same heights for a nice composition at the entry. Thank you. I like the idea of having that pool on the second floor. It's actually very interesting to me.

1:04:17Speaker 5

Well, there's a lot of commercial buildings around here, multifamily, that have rooftop pools.

1:04:21 – 1:05:10James Mackenzie

Yeah. So the presentation of the house is, I think, quite nice for the location. The Harding is full of... unsightly things this is not going to be one thank you the back i would just suggest you know architect to architect um the back seems a little abandoned it seems like two buildings joined by a bridge in my is my sense of that bridge is a deck you're Right, but it's a little naked, the back. I don't know if you would consider creating some eyebrows maybe to help with the sun beating those windows right on the facade.

1:05:10 – 1:05:22Speaker 5

There won't be much sun there because of the large plantings up behind there in the building. There's a building right behind it. Yeah, okay. It's really meant to be sort of shielded from that whole thing.

1:05:23 – 1:05:34James Mackenzie

Well, in essence, I think you did a good job for that location. It's very challenging to do something creative when you have a highway in front of you.

1:05:39 – 1:06:13Lindsay Lecour

Hi. Yeah, I think this is an interesting location. And I think the scale, were it anywhere else, would not be compatible with its neighbors. I'm still a little concerned about the single families across the street, which are going to be half the size of this home. So that gives me some pause. The disjointed nature of the balconies in the front is a little hard for me. Can you talk a little bit about why you've got the two elevations?

1:06:14 – 1:06:35Speaker 5

One of the reasons is because there is a pool on that deck, and we didn't want to have a big thick volume mass sticking out in the front. So if we raised it to the level of the second floor without dropping it like that, then we would have a big massive volume sticking out in the front, which we wanted to keep that very light and delicate.

1:06:36 – 1:07:12Lindsay Lecour

And the other consideration on those balconies, the glass, the west-facing glass may make that feel, I mean, real hot up there. You might think about some stainless steel cables or something that might let a little airflow up to those areas. Um, but the other two areas of questions that I have are, um, I, I do appreciate the new landscaping. However, I noticed you're removing the all existing trees, even those that are on the boundary line. And I'm wondering if we can't keep some of those existing mature trees as part of the landscaping plan.

1:07:12 – 1:07:36Speaker 5

I, uh, I have to give that some thought. Um, By the time this house with its five-foot setbacks on the side and everything had really taken out, I don't know that much of that is going to be left in order to do the excavation for the groundwork and the foundation and everything. I'm not really sure what would really be salvageable.

1:07:37 – 1:08:40Lindsay Lecour

Yeah, I mean, we're a tree city. We're a designated tree city. So we really try to preserve the canopy that exists when we can. And it looks just from the location of those existing trees that you should be able to work around them. So if you could, I'd like to have you do that. Okay. And then in terms of the lighting, the external lighting in the soffits and the LED strip lighting, I think is... not compatible with the neighborhood. I think the uplighting is beautiful, but I think especially given the height and the scale of this home, that all of that soffit lighting is going to be pretty stark. for people driving and passing by. So I'd like you to consider a more subtle lighting scheme that's more compatible with your neighbors and with the way that Surfside is not a real lit up town, especially in the residential where we don't even have street lights.

1:08:40Speaker 5

You're speaking about the soffit lights?

1:08:41Lindsay Lecour

The soffit lights and the LED strip lighting. Yeah.

1:08:47 – 1:09:03Lindsay Lecour

And then on the fencing, I noticed you had a fence in your materials, but I don't see where that is. And I'm not sure that the fence shown in the plans meets the 50% transparency requirement of the code. So that would definitely be something you would want to make sure you're meeting the code.

1:09:04Lindsay Lecour

Where is the fence?

1:09:07Speaker 5

What do you mean where is the fence?

1:09:09Lindsay Lecour

Where on the site plan is the fence?

1:09:12 – 1:09:28Speaker 5

Well, it's... Do you know where the fence is located on this?

1:09:29Ruben Bravo

If you go to A104.

1:09:41James Mackenzie

I may be looking at it differently, but his fence aligns with the garage door on the north.

1:09:49Speaker 5

So the fence is set to the garage, and then it goes just down the two sides.

1:09:57Lindsay Lecour

Can you move your cursor to just show us on the plan? I'm sorry, I'm not seeing it.

1:10:03Speaker 5

So this is the fence here, and it goes down the side here.

1:10:09 – 1:10:26Speaker 5

It stops, and I think it's because there's already a fence on the other side of the property line in the rear, and then you have a fence coming all the way down this side, which... which ends here. At the planter? Yes, at the planter.

1:10:31Lindsay Lecour

Those are all my comments.

1:10:33 – 1:11:05Ruben Bravo

Any comments? You're good. I have a question, and it's about the NGVD, right? We're supposed to be 10. You have nine in here. So the implication is having two additional steps. I mean front and back, right? The NGVD for this one is 9 as presented, and it should be 10? Yes. Right? So the only implication of that one foot difference is to add two steps in each side?

1:11:07 – 1:11:37Speaker 5

Actually, we were going to be grading up a little bit from... from the street to the back of the driveway before we get to the steps. So that takes some of that up. And then we have six risers to get to the porch. And I think with a seven-inch riser, it gets us up to our elevation that we need to be.

1:11:40 – 1:11:55Ruben Bravo

And my other question, this is because I don't know anymore what we're abiding for. The equipment, right, in the back of the house that is encroaching into the setbacks, that is allowed.

1:12:04James Mackenzie

Where do you see it, Ruben?

1:12:06Ruben Bravo

Well, actually, you can see it there, but if you go to A105,

1:12:14 – 1:12:31Speaker 5

I think in this zoning, we're allowed to be even closer to the rear property line.

1:12:33Speaker 12

The equipment setback is five feet from the property line. It's not ten.

1:12:38Ruben Bravo

It's not ten. Okay.

1:12:42James Mackenzie

So we're still allowing compressors on the ground?

1:12:48Speaker 5

They're actually raised up a little bit.

1:12:50James Mackenzie

Yeah, but to meet flood criteria. Yes, to meet flood criteria. That's the only requirement.

1:12:58Speaker 5

They're really in a very good state.

1:12:59Speaker 12

It's not in our code for a planning requirement, but I think, yeah, you may be right as far as building code.

1:13:05James Mackenzie

Yeah, building code. I'm not sure. I don't know, the building department wouldn't make that decision.

1:13:10Speaker 5

Well, they're allowed there by code, but also it's a very concealed part of the property.

1:13:20Ruben Bravo

That's it on my end. Any more questions? Comments? No? We need a motion.

1:13:33 – 1:13:56James Mackenzie

Would you accept, would you consider the comments that we've made? Oh, absolutely, yes. Okay, and try to make at least the effort to make some changes. And you have those changes pretty much lined up with your attorney? Yeah? Okay, so I move to approve subject to the changes that were discussed.

1:13:56Speaker 5

The changes will be written and sent by email, the suggestions. Yes.

1:14:02 – 1:14:18Lindsay Lecour

I think mine were trying to keep the existing trees on the property line and trying to, and removing the LED and soffit lighting or replacing that with a softer lighting program. And confirming that the fence meets the code.

1:14:20James Mackenzie

50% opacity, right?

1:14:25James Mackenzie

I didn't hear anything else. I think you made the right.

1:14:28Speaker 7

Okay. I'll second. Madam Clerk?

1:14:34Speaker 15

Remember the court, yes. Remember Mackenzie, yes. Remember Levy, yes. Faster Bravo, yes. The motion carries.

1:14:43Ruben Bravo

Thank you very much. Thank you. Appreciate it.

1:14:46Speaker 2

It's time as always, everybody. Sorry, Ruben.

1:14:50Ruben Bravo

Item 5C, 9164 Carlisle Avenue, new single-family home.

1:14:58 – 1:17:43Speaker 12

Yes, staff finds that this application does meet the code requirements with one minor condition that I'll go over. And if the board finds that this plan is consistent, staff recommends approval with the conditions. Again, a drainage and grading plan is determined to be consistent with the code requirements that the home will, oh wait. Okay, and that on the site plan, a note would be added that the driveway consists of permeable material and that the green space in the front will be at least 50% as permeable pavers do not allow for less than 50% green space. Currently the green space is proposed at 48% and that should be 50%. I think they can make a modification to adjust that. And just a note that the rear accessory building should not exceed 12 feet in height. This is a unique application in that it is presented to you under our pre-2024 changes due to a settlement agreement between the town and this property owner. The settlement arose out of the claims that the code changes were a violation of the applicable Florida law. and pursuant to the settlement agreement. This site plan has been conducted in accordance with the regulations prior to the adoption of those ordinances. This application is a request to construct a new single-family home on a 6,759-square-foot lot. The subject property is 9164 Carlisle Avenue in the H30B district. It is an interior lot. Some exterior design elements include smooth white stucco, limestone, copper gutters, ash wood, permeable cobblestone, and permeable ulite stepping stones. The front facade provides articulation, and the rear of the home is similar in materials and finishes. The proposed lot coverage for the home is 2,617 square feet, or what is just under 40 at 38.9, and the floor-air ratio is 0.65. Setback calculations for additional setbacks, which, as you remember, are part of the 2024 budget, Review a different way to to have the additional setbacks than what we have been seeing tonight they have been provided and they comply with the minimum requirements and Again a grading plan would be required at the time of building permit.

1:17:44 – 1:18:17Speaker 11

Thank you Better yes Hi, my name's Isel Hernandez-Lane, 8721 Southwest 87th Court. I have the pleasure of knowing Mr. Shammy, who's here in the audience with us, working together for four years. I worked on his personal home in Hawthorne, and I've worked with him and his wife now to design their personal residence here on Carlisle. I'm their design builder, so I will also be building this house.

1:18:19Speaker 5

I always get nervous.

1:18:22 – 1:19:00Speaker 11

Scarlett alluded a lot to the architectural style of the house. This is different, the presentation of it, of course, because we are looking at the code prior to 2024. So you do see the massing in the front of the house with the tall two-story volume. It is set back an additional two feet, and there is a lot of elements that you would find in a current single-family, one-story house. But of course, this is a two-story house, and we're dealing with FEMA. So some of those elements include the gable roof, white flat concrete tile, white stucco, and we are using an accent creamer color for the stucco shutters that we're doing.

1:19:06 – 1:20:52Speaker 11

Something that was actually in the memo and not a requirement anymore, but I did want to bring up is the fact that sustainability is very important. I myself am a lead AP and where I haven't had the opportunity to do any sustainable moves. And though it's not a requirement, it is something that we will be looking into. Though this part of the house is not experienced from the street side, the reason why the house looks the way it does from the front and giving a very Bermuda coastal architecture is because we brought the pool into the house. It feels a little bit like a courtyard in the L shape, and we wanted to make sure to do an accessory structure for the outdoor barbecue while still leaving green space for the kids to play. From the site plan, you can see how much green space we're still achieving. And in the board I have in front of me, you can see a lot of the materials that we're using. Limestone at the bottom, I can bring them up to you after. Shellstone, permeable pavers. We're using a cobblestone driveway that's actually permeable as well. And even though this is a line drawing, I think it's very important. If a line drawing looks good, technically, you would think that the house is gonna be just as beautiful as those renderings. So you can see here a little bit of the color of the limestone at the base, an ashy wood for the pedestrian gates, and any element that we have, like on the trellis on the second floor, that's also that ashy color. And that's it, unless you have any questions.

1:20:57Ruben Bravo

I'll open now the floor to public comments. Mr. Kousoulos.

1:21:13Speaker 15

Do you have an effort to say the truth only with the truth?

1:21:16 – 1:22:34Speaker 13

I do. You may proceed. George , 9225 Collins Avenue. I wanted to speak on this one because this is under the previous code. And the previous code actually only had a life of maybe six months. It was a very, came out late in that commission. And what's interesting about it, it is unlike the code that existed before it, which had existed for a couple of decades with minor modifications here and there, and it's unlike the code that has existed for the past couple years. And you see it here in this house, and this is a house probably like you haven't seen in a long time. It's somehow very refreshing. It makes interesting use of the site. The front elevation's very pleasing, but this is a very different house, and that kind of shows you the possibilities under the code that the town is going back to. And I just wanted to point that out, because it's quite apparent when you see the images on the screen, besides the traditional vocabulary of the house, but the massing is very different than typically month to month, we sort of see the same massing over and over again.

1:22:35Lindsay Lecour

And are you referring specifically to second story setback elements or lack thereof?

1:22:40 – 1:24:24Speaker 13

The main provision of this most previous code is that you take the same amount of setback that was required only upstairs, it had to be upstairs, and you have to scoop that same volume out of the house, that additional volume, but it be taken out of anywhere on the house that you want to. So you could actually like the front elevation here which rises vertically. There are a couple other provisions. You have to have an inside corner, so you can't just do a rectangular prism. And you are limited to the length of a continuous wall to about 30 feet. So there's some safeguards to not just getting a rectangular box. But you are allowed to rise vertically. One of the other benefits, just very quickly, is that under the old code and the most recent code, everyone did a 40% ground floor. The reason was that the language always said you were supposed to do 80% of what was permitted on the ground floor, not what you actually built. If you didn't build as much as you could, you were penalized upstairs. Everyone took advantage of that. What happens here, if you can do a more compact house, you also get a more compact podium. So if one were to do a sort of an extruded house where the second floor is the same size as the first, it's a 36% house floor on top of a 36% floor to get back to that 0.72. But the podium is also 0.36 lot coverage. But I really just wanted to point out that this house is kind of refreshingly different than a lot that we've seen. Thank you.

1:24:33Ruben Bravo

Thank you very much. Any other public comments? Please.

1:24:43Speaker 1

Obviously, I have an interest in this home because this is my home. And thank you so much for your kind words.

1:24:47Ruben Bravo

I'm sorry. Say your name and the address for the record.

1:24:50 – 1:25:59Speaker 1

John Shamian, 9164 Carlisle. I think the town of Surfside, it's a beach town. I think there's been a very complicated struggle between maintaining that beach town and transitioning into these newer, bigger, modern homes. I don't know if you guys are familiar. I'm sure most of you are with Alice Beach. I think this style was inspired by Alice Beach. And I think that is a direction. that Surfside should do more of. I think it meets the ability of people having new larger homes, but it still continues the style of having a beach town. I think it's really hard to meet those two styles, and Alice Beach has found a way to do that, and we did our best interpretation of that style. I hope more people appreciate this style, including the board, but just residents in general, and that this is an example of what more people can do. And because sooner or later, this town is completely going to change and there's going to be all new homes and hopefully they aren't just all modern squares, but we do have with its variety, a style that still is a beach town. I think this does that. So thank you guys so much.

1:26:00Ruben Bravo

Thank you. With that, we close the comments, public comments. Board members.

1:26:20 – 1:30:00James Mackenzie

um it's a beautiful house there's no doubt about it i think uh the organizational part of it the the way the the facades address you know a common language which uh reads throughout the entire structure, whether it's the back or the front or the side. I just don't feel offended if I say something that you might not like. But I have to say that there's only one house that I can point to that has sort of the same spirit. in Surfside, which is a waterfront house that has been on the market forever. It says that it's under contract, hopefully it will be so we can see some people around. Architecturally, I have very little to say. It's the composition, the detailing, and how you present the front steps to the street. The only problem I see is that I believe you cannot have a solid wall along your property line facing the street. So that's going to be something that I'm sure you're going to be able to resolve. It's not a killer. Architecturally speaking, like I said, you've done a great job. This is certainly a high design. within its language and within its spirit. I don't necessarily agree that the language and the spirit coincides with the culture of Surfside. But, you know, we're in a transition, as the owner explained. And maybe we'll see more of this style. That could be interesting, too. We've seen a lot of modern and, in my opinion, very little... Good product out of that. Maybe this will create a new thought process moving forward for those that want to go into this sort of Spanish Mediterranean or whatever you want to call it. So many names out there. I lose count. But that's my only comment. I congratulate you. I think the distribution, the pool inside the courtyard is very intimate. And having the barbecue area as a standalone is pretty nice. I think it adds value to the house, at least from the experiential part of it. I could see kids running around all over. I don't know if it meets the code. That would be something that you'd have to take with somebody else. But those are my comments. I hope that... I haven't seen the site, I have to say. I don't know if there's any planting there, any trees or anything. I've seen a few people cutting down trees during construction that I think is something that we should try as a town to stop. You know, 30-foot tall trees take a long time to get there. And we're supposed to be a tree city for eight years straight. So let's try to save some of the trees. And if there is anything on your lot, you know, I hope you consider it.

1:30:00Lindsay Lecour

There's a shiflera at the property line that you're proposing to remove that I think you could probably keep.

1:30:06Speaker 11

Okay. We'll take a look at that with the landscape architect. Yeah.

1:30:10James Mackenzie

It'll definitely add to the character if you have a tree in front. I mean, it creates more interest.

1:30:17Lindsay Lecour

It's in the rear, actually.

1:30:20James Mackenzie

But you may consider planting one in the front.

1:30:25Ruben Bravo

Thank you, Mr. McKenzie.

1:30:27Lindsay Lecour

I guess I'll go next.

1:30:29Ruben Bravo

Who wants to go next?

1:30:32 – 1:32:45Lindsay Lecour

Okay. So I also appreciate the new architectural style. I think we welcome that. We don't have any particular architectural style in Surfside, and I think this has a lot of articulation. For me, the challenge is the compatibility with the neighborhood in terms of its height and scale. And I think when you look at page 0 to the Context massing really bears that out You know, I think like George mentioned You've you've have a unique use of the void that the code requires but in this particular application the void is entirely interior to the home and so the Neighbors and the street don't get any benefit of that. So you've basically moved the home as far as to the property line in all directions and high as you can to preserve that void in the middle. And for me, what that does is it brings all the mass and height to the, to the street. And I just feel like it's, it is not compatible with the streetscape. And so I am challenged by that. I think there are, There's also, for the size of this lot and the size of the home, there's a lot going on. I think it could benefit from some editing in terms of, you know, I don't think you want to draw attention to your gutters. I think your gutters could be, you know, much more subtle if unseen as opposed to drawing attention to them. I think that the side setback, I can't really tell what kind of plantings you have there, but I'd really like to make sure that the plantings are at least as high as the home so that there is a green screen for your neighbors because this is a really tall and large mass for the neighbors, especially since you also have the accessory structure right at the back also. The front fence and gating needs to meet the 50% transparency. And yeah, I'd like a commitment to not remove the tree on the property line if you can save that.

1:32:48 – 1:34:26Ruben Bravo

Thank you very much. Any comments on your end? I tend to agree with the comments. I think the design is beautiful and it's very smart how you use all the components into something new to town. And the articulation in there, I think it's fantastic, right? Adding something extra to what we have so far. And we have heard so many times that, you know, we have these modern houses are just boxes. Something that cannot be said about this house is just a box. It's not just a box. So congratulations on that and thank you for presenting it. I tend to agree that the height could be kind of complicated and even more when you see your neighbors. And I'm kind of drawn about that portion as well. I do have, and I'm sorry about this, but I do like the copper gutters. That's me. But no, it's true that we haven't seen that in town, and that could create a distraction on the beautiful design that you have in the house, right? at some point it could be like maybe editing could, you know, solve that situation. Yeah, the fence is an issue, but it's an easy solve. That's a very easy solve. Having said that, anybody wants to make a motion here? I'm going to make a motion to approve. Approve, approve with comments or?

1:34:27Speaker 7

I approve with. Comments?

1:34:31Speaker 11

Fence in the tree.

1:34:32Speaker 7

Trying to save that one tree in the back corner. Revisit the fence. And the fence.

1:34:45 – 1:35:28James Mackenzie

Before I, I wanted to second, but before I second, I think it's something new, definitely very striking to see something new, something so different from, you know, the collage of modern architecture that we've seen over the years under the old code. But this, even though it's a very foreign style, it's been sewed very studiously. I think it's been a very conscientious effort to try to make this a very beautiful house. I don't think that I would go against it.

1:35:30Ruben Bravo

So I would second it. Madam Clerk?

1:35:36Speaker 15

Yes, Chair. Board Member Licor? No. Board Member McKenzie?

1:35:45Speaker 15

Board Member Levi?

1:35:50Speaker 15

Vice Chair Bravo?

1:35:51Ruben Bravo

I'm conflicted here, but I'm going to say yes.

1:35:54Speaker 15

Chair, the motion carries.

1:35:55 – 1:36:22Ruben Bravo

Thank you. Thank you. I just want to say that every time that we have something new, right, we're afraid of the new in town. And we've been afraid of the new for so many years. But I do appreciate, you know, having that extra thought into what you presented in here. Next item, 5E, 8801 Deakins Avenue, Home Addition.

1:36:23 – 1:37:49Speaker 12

Yes, staff finds this application meets the zoning code requirements, and if the board finds the plan is consistent, staff recommends approval with two conditions, that the drainage and grading plan is reviewed and determined to be consistent with the code, and that the applicant provides evidence that the cost of the work does not exceed 50% of the value of the home at the time of building permit. The applicant is requesting site plan approval for an addition to an existing single family home at 8801 Dickens Avenue. The applicant proposes to add 283 square feet to what is currently a single family home consisting of 2,505 square feet. The home consists of three bedrooms, two baths, and the addition and interior renovations will result in four bedrooms, five baths. The home will remain a one story structure. The property is 6,837 square feet and no variances are requested. The addition will be to the front of the home. The roof is proposed to be modified from a pitched roof to a flat and the proposed addition in the front will be 20 feet from the property line whereas the rear setback will remain as currently exists at 14.9 feet, and the resulting FAR and lot coverage will be 0.40, which is less than 50% allowed for a one-story home. And that concludes my presentation. Thank you.

1:37:49 – 1:38:02Ruben Bravo

Thank you very much. Owner, owner's right, wish to speak. Please, yeah, state your name and the address for the record.

1:38:02Speaker 9

I need you to please, yeah, thank you.

1:38:06Speaker 17

My name is Ash Spahi, representing Alexi and Laura Baber of 8801 Dickens Avenue. My address is 3131 Northeast First Avenue.

1:38:24 – 1:39:30Speaker 17

So Alexia and Laura have been residents of Surfside for the past four years, I believe, and they're happy and excited to be purchasing and building their first home and kind of make it their own and be permanent residents of Surfside. So the existing home is a three-bedroom, two-bath. They have three young children, and they need space, basically, and they also work from home. So because of that, they're proposing to enclose the garage for additional space. site plan. Now even though we have a large lot where we're allowed to build up to 3,400 square feet, they're only asking for a modest 300 square foot addition. They're not trying to build a mini mansion like a lot of people are in the neighborhood. They're trying to just keep it simple and modest and enough for their own family's needs. No, I guess the site plan's not in this?

1:39:30Speaker 6

Or site plan is not in this? Oh, OK.

1:39:38 – 1:40:08Speaker 17

So here we are. So our plan is to enclose the garage space and extend the living area so they can have space for their family, kind of entertain some of their friends and family that live in the neighborhood, and extend the front porch as they like to sit outside and enjoy morning coffee. I do have samples of some of the finishes that they propose to use on the exterior. I can show you guys.

1:40:15Speaker 2

The style of the home they're going for is a tropical, minimal, modern design.

1:40:20 – 1:40:45Speaker 17

So they're looking to use a lot of natural, earthy kind of elements in their finishes. One of the finishes is a shell stone that I'm sure you guys have seen before. It's a beautiful kind of natural stone.

1:40:45Lindsay Lecour

Is that going on walls or on?

1:40:47Speaker 17

Just the front porch floor.

1:40:50 – 1:41:11Speaker 17

And we have this beautiful Ipe style wood that's going to go underneath the soffits of the home. For landscaping, they're looking to use a lot of Florida native plants in their landscaping. They don't want to use kind of, you know, outside species. I think it's more of a beautiful look to use plants that are native to the land.

1:41:12Lindsay Lecour

Are they removing any trees?

1:41:14Speaker 17

No, it's not in their plants.

1:41:15Lindsay Lecour

They have that beautiful, huge tree. Yeah, the one that looks like a top hat. Orchids and, yeah.

1:41:21Lindsay Lecour

It's gorgeous. Okay, good.

1:41:22Speaker 17

No, that's beautiful. So they plan to keep that and kind of add to the landscaping.

1:41:31Speaker 17

Do you guys have any questions or comments?

1:41:34Ruben Bravo

Thank you very much. That concludes the presentation.

1:41:37Ruben Bravo

Okay, perfect. Thank you. So I'll open the floor to public comments if anyone to say anything about this. I'll close the floor and board members.

1:41:51James Mackenzie

A2A02 is showing a roof plan with roof tile, right?

1:42:02Speaker 17

No, the new roof is gonna be a flat roof.

1:42:05James Mackenzie

So you guys are taking all of the roof off from the house? Correct. And replacing it with a new roof?

1:42:14 – 1:42:28Speaker 17

New roof and new roof trusses. Mainly being because of them kind of redesigning the interior layout to have the rooms and sizes that they need for their family. We need to be able to move some of the load-bearing walls. So...

1:42:29James Mackenzie

Which cannot be solved with just putting like a steel column or anything.

1:42:35Speaker 17

It would be a little bit tough and they also want to kind of gain that ceiling height space to kind of give it more of that.

1:42:42 – 1:43:25James Mackenzie

Yeah, I'm sorry to interrupt you. It's just I have a big issue with that. I think the house that exists there is a very nice house. It's one of the nicest houses in Surfside, I would say, for a corner lot. Yes. And, you know, this presentation to me seems like it's... It looks minimal, but it really is huge because we're changing the entire character of the house by taking that roof off and making it a flat roof with a single slope. Yeah, it's it's really drastic.

1:43:26 – 1:43:39Speaker 17

Is there anything that you can do to to try to wish that space in the House you really only have like 18 inches. You can't really raise the ceiling height with the existing roof structure.

1:43:40James Mackenzie

Oh, they want to raise the roof.

1:43:42Speaker 17

Correct. Because right now we're at around eight foot, a couple inches, which is, you know, it's kind of cramped when you're walking through it.

1:43:48James Mackenzie

And you can't work with the existing roof to make some cathedral ceilings inside the house and create a really interesting interior.

1:43:58 – 1:44:24Speaker 17

I mean, the way that we design the interiors, it will have the way that the interior is being designed. It will be extremely interesting with the way that, you know, the ideas that they have, but with the existing roof structure, I've tried because obviously to change an entire roof is a big expense and we would love to kind of avoid that expense, but the way that it is, we can't really gain too much space with the existing roof.

1:44:25 – 1:45:15James Mackenzie

So just to understand, the floor plan on A01. Yes. I was reading it as partially existing, and then the front, the taupe color and the two tones of gray was the only scope of work. But what you're describing to me now is that the distribution of the existing house needs to be altered or will be altered and therefore the sloped roofs are not going to be able to survive and therefore we're taking it all off to put a flat roof Is that a good representation of what, is my understanding a good representation of what you're doing?

1:45:15 – 1:45:31Speaker 17

Somewhat. I mean, the main addition is to the front. The interior space, we are honestly modifying the interior walls. But yeah, we are removing the roof in order to kind of gain some ceiling height.

1:45:32James Mackenzie

Yeah. That puts me on the fence. I have to be honest with you.

1:45:37Speaker 17

No, I understand.

1:45:38James Mackenzie

I mean, I've renovated historic buildings, and I know it's hard. And I know it's not easy. Yeah. But it can be done.

1:45:48Speaker 17

And I'm a big fan.

1:45:48 – 1:46:21James Mackenzie

Where there's a will, there's a way. And that's why we're professionals, right? Correct. We don't just draw pretty pictures. Correct. I mean, that's the notion, the public notion of an architect. Ah, draw me a little sketch. And then when you charge them, it's like, why are you charging me so much for the little sketch? I think that, honestly speaking, from my perspective, this is a major renovation of this house, is how I would qualify it. But I may be wrong, and you're welcome to prove me wrong.

1:46:22Lindsay Lecour

Are you saying are you saying that you think you could accomplish this by with maintaining a pitched roof?

1:46:28 – 1:47:45James Mackenzie

Even if they raised the roof or I'm saying that if they're looking for height Because the current ceilings are low Then it tells me that the the roof structure of the house are trusses but trusses can be modified and Yes, it's going to be a cost to modify the trusses on site, but it can be done so that you can create cathedral ceilings in the living room, for example, which may be continuous with the dining room. Kitchen may not need that, but... Yes, rather than taking walls down haphazardly and taking the entire roof off, I would choose to simply say, okay, where do I need, where within these spaces I can continue to utilize the existing roof, And where do I start taking ceilings off and finding a way to reframe internally with the aid of a structural engineer the roof elements that make the trusses? Because, you know, the best truss or whatever, there's a company that sells trusses all day long, right? And they can be very wide, but they can be modified on site.

1:47:45Lindsay Lecour

And just to understand the goal, are you saying you're trying to preserve what the original architecture of the existing home?

1:47:52 – 1:48:41James Mackenzie

Yeah, if we're gonna present this house as something that is just a modification of the garage, then I think that that does not tell me that it's just that. Now I've discovered that the entire roof is being pulled out, and that's fair game for anything. Excuse me, I'm sorry to interrupt you. and if the aesthetic were something that i that i would be willing to support yeah why not but but this is just a single slope going one way with cantilevers all all around the box it just is not appealing architecturally you're going from something that is that is uh let's say compatible with the context of what surfside is to something that is totally foreign

1:48:43Ruben Bravo

And Mr. McKenzie, I hear you. I was reading the wrong way these drawings until you brought it to my attention. So can you talk about that?

1:48:52James Mackenzie

I THINK THE ATTORNEY WANTS TO SAY SOMETHING.

1:48:54 – 1:49:44Speaker 9

BEFORE WE CONTINUE AND UNDERSTANDING THE SCOPE OF THIS AND WHERE THIS PROJECT IS AND WHAT IT'S DOING, I WANT TO MAKE SURE THAT WE KEEP OUR COMMENTS GROUNDED TO THE ITEMS THAT WE HAVE PURVIEW TO REVIEW AND THE CONTEXT IN WHICH WE HAVE PURVIEW TO REVIEW THEM, WHICH IS, RIGHT, COMPATIBILITY And all of that, and I don't want to tell you what to comment or not to comment. Obviously, the internals of the home are not within the subject. The internal partitions and changes to the internal structure of the home is not within the subject of the board's review at this point. But I just want to make sure that we keep those comments related to the elements and our job as guidelines AND I DON'T DISAGREE.

1:49:44 – 1:50:09Ruben Bravo

HOWEVER, THERE ARE SOME HOWEVER, THERE ARE SOME CHANGES IN THE EXTERIOR WALLS. CHANGES IN THE EXTERIOR WALLS. THE EXTERIOR, YES. THE EXTERIOR, YES. EXACTLY. EXACTLY. AND THE ROOFING. AND THE ROOFING. SO WE'RE TALKING ABOUT MORE THAN SO WE'RE TALKING ABOUT MORE THAN JUST THE FRONT OF THE HOUSE. JUST THE FRONT OF THE HOUSE. AND NOW YOU UNDERSTAND THE AND NOW YOU UNDERSTAND THE COMMENT ABOUT THE 50%. COMMENT ABOUT THE 50%. BECAUSE AT THE BEGINNING I WANTED BECAUSE AT THE BEGINNING I WANTED WHY WE'RE TALKING ABOUT 50% IF WHY WE'RE TALKING ABOUT 50% IF IT'S ONLY THE FRONT. IT'S ONLY THE FRONT. BUT NOW WE

1:50:12 – 1:50:25Speaker 17

Again, I would love to keep the original roof line. Another thing is if you go to the satellite view of the existing house, the spine of the way that the roof is currently, I think we have.

1:50:26James Mackenzie

I think it's drawn in one of your exhibits. It's drawn. Yeah. I think it was A02. A02.

1:50:38 – 1:51:32Speaker 17

Yeah. So you see how the spine kind of bends in different areas of the house. So the existing ceiling again is eight foot five around there. The space that we have in the attic space is around 18 inches. If you are to try to gain at least, um, To get to nine foot ceilings, you don't have enough space within the attic space to kind of run your AC branches and all of your other equipment that you need to have within the attic space. And that kind of is also one of the reasons why we need to raise the ceiling height and ideally change the existing roof structure. We could potentially go with another gabled style, but the owners kind of just wanted to go with something clean, minimalist, modern, and go with that flat roof style. And again, kind of just have the house there and then the landscape around it kind of speak for the house and kind of give that character.

1:51:35Lindsay Lecour

Are you changing out all the windows in the home?

1:51:38Speaker 17

No, I mean, we're going to be replacing them with hurricane impact windows. And in the front, we're adding a large window to kind of allow for more sunlight to enter the living space.

1:51:50 – 1:52:35Lindsay Lecour

Yeah, I mean, I also had some challenges with the roof. I think we're losing some articulation and the roof is not compatible with the rest of the home. I also wanted to make sure you're not removing any existing trees, which you confirmed. And then the lighting and the soffit also is, I made this comment earlier, but that's not compatible with the neighborhood. A lot of those lighting up, lot of the house with the the landscaping lighting is beautiful the up lighting of the of the Landscaping and I'd love to see a you know more subtle lens lighting exterior scheme That's more compatible with the rest of the town Sure, I understand.

1:52:35Speaker 17

We're not a football stadium. We're just trying to add some kind of mood lighting to the exterior.

1:52:39Ruben Bravo

Yeah Do you have any comments I

1:52:46Speaker 7

This is natural wood under those soffits there?

1:52:51Speaker 17

Correct. And I do have a sample of it here if you'd like to see it.

1:52:55Lindsay Lecour

It's very pretty.

1:53:02James Mackenzie

Sorry, what's your name? Ash. Ash? Yes. Please don't take offense to what I'm saying.

1:53:08Speaker 17

Not at all. I'm a big proponent of the architecture and character and kind of maintaining that without a home.

1:53:15 – 1:54:49James Mackenzie

Can I ask you, okay, let's assume you have to take the roof off, right? Which wasn't clear to me in these drawings. And apparently my colleagues are also. Instead of just doing a simple truss with a slope, can you try to recreate a sloped roof? In other words, let's change apples for apples and not apples for oranges. Is that possible? Since you're spending the money anyway. I mean, a trust like this is going to cost you less, yes, but a trust will cost you minimal. But you will maintain at least what 90% of the house looks like today. Correct. I mean, that is a very nice house, by the way. Yeah. Not my favorite. I wouldn't choose it as my house, and I wouldn't design a house like that, but I have to admit that the house is nice, and the previous owners maintained it really well. Yes. And the tree it has in the corner is just absolutely beautiful, and they trim it nicely. And so somehow I go by here every morning. So if there's a way that you could say, hey, I'll accept the task of trying to convince my client to at least have some way to maintain or redefine sloped roofs with roof tile. Is that a possibility?

1:54:50 – 1:55:10Speaker 17

I can go back and talk to them, of course. And it's kind of a double-edged sword because as you mentioned, it would cost us a little bit more to kind of have a gabled roof and kind of have different trust styles. And that is with a 50% of value and construction and everything, we're trying to kind of balance everything together.

1:55:12Ruben Bravo

But now you don't have to spend in lead requirements. It's true.

1:55:17Lindsay Lecour

Yeah, I think white cement tiles on a pitched roof would be beautiful and simple here.

1:55:21 – 1:55:52Ruben Bravo

Yeah. I do have to say that I appreciate you're keeping this a one-story floor. Yeah. And you're not doing a box per se. You said you're replacing the windows, right? And I see that on D1 existing windows compared to this one, right? So basically all the windows are going to be replaced too, and we're providing another shape of windows as well. Correct, for some locations. But it's going to be consistent all around. Correct.

1:55:54Speaker 17

And again, majority of the windows are on the south side where they're going to be getting a lot of sunlight through them and kind of leading out to their backyard area.

1:56:05 – 1:56:31Ruben Bravo

I understand. With all the comments, does anybody have more comments, no? No, with all those comments, does anyone want to move forward and make a motion? And let's remember, we do have the motion to approve, approve with comments, defer or reject. Does anyone want to make a motion?

1:56:37Lindsay Lecour

I mean, I think I could get comfortable with a condition on the roof, but as designed, no.

1:56:47Ruben Bravo

So would you make the motion to approve with the condition?

1:56:50 – 1:57:03Lindsay Lecour

I mean, I can make the motion to approve with a sloped roof and confirming all existing trees remain and removal of the soffit lighting. In staff conditions.

1:57:04Speaker 9

For clarity, a sloped roof meaning a gabled roof with two slopes, not one slope?

1:57:12Speaker 17

And can I ask a question? Are we talking all soffit lighting or just keep them minimal, like one or two lights within the soffit?

1:57:20Lindsay Lecour

The soffit lighting is not consistent with the rest of Surfside.

1:57:24Lindsay Lecour

So there are other ways to, you know, softly uplight the home that will, are nicer.

1:57:33Ruben Bravo

Anybody to second the motion? I'll second it.

1:57:41Speaker 7

With all the comments.

1:57:42Ruben Bravo

With those conditions?

1:57:46Speaker 15

Board Member LaCour? Yes.

1:57:49James Mackenzie

Can you repeat the conditions, please?

1:57:52 – 1:58:04Lindsay Lecour

gabled roof with tile, gable tiled roof. Throughout the house? Yep. Okay. Maintain the tree in the corner? All existing trees remain and remove soffit lighting.

1:58:07Speaker 9

The seconder agrees with those conditions? Yes. Okay.

1:58:11Lindsay Lecour

And staff conditions. Board Member LeCour? Yes.

1:58:16Speaker 15

Board Member McKenzie?

1:58:20Speaker 15

Board Member Levy?

1:58:23Speaker 15

Vice Chair Bravo?

1:58:25Speaker 15

Chair, the motion carries.

1:58:26Ruben Bravo

Thank you. Thank you. Thank you very much. And let's move to 5F, 9040 Abbott Avenue.

1:58:44 – 1:58:59Speaker 12

Yes, staff finds that this application as it is presented today is not meeting the zoning code. And I do have some conditions that I would propose to bring it in more in line and- Mr. Chair? To meet the code.

1:58:59James Mackenzie

Can I interrupt please?

1:59:00Ruben Bravo

Absolutely, yeah.

1:59:01 – 1:59:36James Mackenzie

i was not given a chance to answer uh the attorney's question as to whether uh somebody had had previous conversations with the person oh okay so i want to disclosure an ex parte disclosure an ex parte communication disclosure so if you'd like to disclose Well, this project came before us in the previous administration. And in the previous administration, I had discussions with the architects of this project.

1:59:36Speaker 9

Understood. And would that affect your ability to weigh this application fairly and impartially?

1:59:44Speaker 9

Perfect. Then we're good.

1:59:45James Mackenzie

Okay. I just wanted to keep that on the record because it did happen.

1:59:48Speaker 9

We appreciate it. Thank you. Okay.

1:59:56 – 2:03:57Speaker 12

I'm sorry, I had a sidebar, sorry. Okay, I'll continue. Okay, so my conditions are that a drainage and grading plan are reviewed and determined to be consistent with the code, that the total pervious area is at least 35% per the code requirements, and just as noted, this is one of the reasons it doesn't meet code, is that the proposed pervious area is less than 35%, it's 33.6. I think that that's a very small adjustment that could be handled and meet code. They need to also revise plan sheets SP1 and 2 to correct some inconsistencies in calculations for the pervious area, the lot coverage, the square footage of the home, the rear yard landscaping, and the front yard paving areas. Just to note that these do meet code, it's just that there is inconsistencies throughout the plans. with numbers and percentages. So I just wanted to point that out, that that could be corrected. That they also submit an outdoor lighting plan that shows the light heights and the levels of illumination. that they correct plan sheets A1, A2, A3, A4, A5. They have currently show balconies in these elevations and those balconies have been removed from the site plan because they were an encroachment in the front yard setback. They did clean up the site plan but have not removed the balconies from the elevations. And also just that in general that the renderings should be consistent with the elevations. So this application is requesting an amendment to a previously approved site plan for an existing single family home at 9040 Abbott Avenue. The applicant originally proposed the 650 square foot to be added to the current single family home of 1,942 square feet. The home is proposed to remain one story, and the property is 5,625 square feet, and there are no variances requested at this time. This addition will be to the front and the rear of the home. The proposed addition to the front will be 20 feet from the property line, whereas the rear setback will be over 22 feet. The home addition was originally approved with conditions in January 2024, At the time, the planning board approval, the demo plan was within the threshold for the home to remain at an existing finished floor elevation. During construction, it was determined that more of the house needed to be demoed, and following the Minnesota mandates and compliance, this town is requiring that the proposed finished floor be raised to meet the current flood mitigation, and structural compliance standards. For this reason, this house is required to be elevated to the height of 10 feet, and this redesign is now presented before you for a second time to review the new look of the home based on that elevation difference. The design elements proposed are white smooth stucco with concrete stairs and a 312 pitch roof with black aluminum railings and window frames. The FAR will be considering when they update this to be consistent. We currently have two numbers. One is .46 and one .47. Again, they do meet the FAR because they are under 50% for a single family home. Again, this is currently not meeting the code based on that previous requirement and the conditions are that they provide consistency through their set of plans. Thank you.

2:03:58Ruben Bravo

Thank you very much. Owners on the rep.

2:04:07 – 2:10:23Speaker 6

Hi, my name is Dov Koskas. I'm the owner of this house. And let me back. I'm sorry. Can you say your address for the record as well? Sorry. 1940 Abbott Avenue. Mr. Dov Koskas. Two years ago, as Scarlett mentioned, we got the permit to build our dream house. After many considerations and when we talked with our neighbor, all of us, they asked me the reason why you keep only one story house and you don't want to build two story house. It's very easy. It's more efficient for you. In the future, it will be a good value if one day you want to sell. But also, you have five kids, and it's more convenient to have a two-story house. It's okay. But, unlucky I am, the board member before you was very tough and we failed to time to get the approval for the two-story house. My wife, she was very tired. And I talked with you, in front of you, with a lot of emotion because it was very complicated. You know, for my wife, she has only one dream because we have most of our, let's say, let me continue. It was very complicated for us because all the time when we go step, we have some people that they decide for us that they don't like our style. And when we build the plane, we want to do a, you can maybe recognize my accent, French, something very nice. We failed two time, and it was very complicated for us. Because in main time, we did a demolition for the house. because we got the permit in 2024, and we live in very old house on Byron today. And most of our personal affair is on the warehouse. And my wife, she have only one dream, to get back the box to wear her shoes. It's very complicated, you know, when you live a very old house and you won't build your beautiful house. It's the reason why we met Mr. McKenzie during the time for the previous member board to help to see how we can improve and to get the approval to build a two-story house. Finally, it was very complicated for us. Mentally, we got a lot of anxiety, and my wife and I decided to build the house according for the permit that we got. We started demolition, we started to build the house, and after three inspections, we passed three inspections, we got the advice from the building officer that it's better because the area to raise the floor to 10 feet. Okay, do I have a choice? No, it's better. Okay, we raised the floor 10 feet, no problem. It cost me $90,000 more. I will tell you everything, but it's okay. This is what I really wanted before because my house, it will look more beautiful, not massive house because we have a French touch and we will build something very nice because we want to stay, live in Southside. We are not investor. We are not developer. It's our own house. But with the advice, with the building officer, he said, look, it's better to go to see Scarlett to get the approval because you changed the face of the house because today, instead of six feet, we go to 10 feet. It means that the stairs, it's more high, the house is more beautiful, but we need to get your approval. It's the reason why, with my heart, It's very difficult when you have a grandpa in front of you talk about so emotional part. Because today, I really want to explain that since we are here four years already in Zurich, we got so many problem to build a very simple and beautiful house. That, for sure, it will be more beautiful than we used to have. And if you see in the condition that we live in Bayrona, because we want to stay in the area to control our construction, we want to control everything. We don't want to move to another area. If you come to see where we live in the moment, now instead of... I thought they understand why you have so anxiety, why your wife, she really want to push you to build a one-story house and to make something really beautiful. Now about the technical part, there are some comments from Scarlett. My engineer, Jose, and Pablo, they helped me a lot. They can answer for you. And if you have any other question about the spirit of the house, what I really want to do in Surfside, about the architecture, about what I want to build, I can answer because I mean fashion designer, but my first passion in my life is home deco with my wife. And for sure, you will not be disappointed with the house that we will build, because also Abbott is the first line. And it's very important we don't leave so far from Indian Creek. And for you guys, I understand that you want something very beautiful for Surfside. It's not a massive house. It's not a block. We did something very nice, and I really want to defend Myself, even my English is not so good, especially when I have a lot of emotion. But this is my introduction. I want to tell you about 1940 Abbott, a COSCAS residence. Thank you.

2:10:24Ruben Bravo

Thank you very much.

2:10:30 – 2:14:30Speaker 4

Good evening, my name is Jose Marlo. I'm also the architect and engineer for this particular house. As Mr. Doug Kaskas was mentioning, this house was approved as a one-story house. It's an existing house that we were doing an addition and it was unapproved in 2024. And finally, we got a building permit after he tried to do a two-story house and it was very difficult and so on and so forth. So he finally decided, okay, let's go back to the original plan and just do an addition to the house, to the existing house. Mainly, there's an existing garage that we were enclosing, and another thing is that he wanted to have more ceiling height inside, so what we did was that we were planning on raising the ceiling height inside, but keeping the same pitch and the same configuration that the original house had. One of the things that happened was that while we were doing construction and doing demolition, there was a couple of walls that were planned to stay in the existing house. Those walls would have been would have become an interior because it was an exterior, but since we're doing an addition next to it, that particular wall, two walls, that we showed as to remain were demolished. So at one point, when the inspectors were there, they realized that the amount of demolition that we had exceeded the 50% FEMA rule. So we were informed and basically encouraged them. The owner was in agreement that we would bring the house to the required flood elevation of 10. Everything else remained the same in the house. The configuration, the setbacks, all of it. and it applied to the previous designed criteria, not the one that they just finished that we're changing back to, but it was the original one. So we did that. Now, one of the things that happened when we raised the house from elevation six to elevation 10, we had to add steps to the front. And also we had, the windows in the front of the house were at a lower elevation where we did not require any sort of protection or railing or whatever. But since we raised it, we kind of got the idea of providing a balcony in the front, which Scarlett mentioned and is true. I didn't realize that the code does not allow protrusions of balconies in the setback. So that's why we have these elevations here that do not show a balcony, although it would be preferred if we could do that. Otherwise, it's the house that you see right now, it's pretty much identical to what we had originally presented in 2024. The design, the materials, the setbacks, all of it, but it was at a lower scale because again, we had to raise it. That's about it.

2:14:31Ruben Bravo

Thank you very much. Do you want to say something else?

2:14:36Speaker 6

No, no, maybe you want to see some other picture?

2:14:42Lindsay Lecour

We have it in front of us.

2:14:43Speaker 4

Those are the materials. Thank you. That we're proposing.

2:14:51 – 2:15:03Ruben Bravo

So if that concludes the presentation, I'll open the floor to the public if anybody wants to address any issue here. And I'll close the floor. So board members?

2:15:04Lindsay Lecour

We let Jay go first.

2:15:07 – 2:16:24Ruben Bravo

It's your turn. No, I have to say, this is a disclosure, right? And because of the situation that we're living now, I have to say that in normal conditions, and I've done that in previous lives in this, you know, board when I was in the previous administration and the previous one. Whenever there's, and this is not directed to you, by the way. Whenever there's this conflict between the drawings, I either reject or defer. I don't think it's fair to us, the board members, to receive something that is so inconsistent, right? And at the moment that we receive the correct drawings, then I will move to process. Considering the whole situation, and I apologize for everything that happened before, I needed clarification on the story because it didn't make sense to me. So thank you for clarifying the whole story. And considering all that, now I open the floor to the board members. Mr. Levy.

2:16:27Speaker 7

Any existing trees on the property that we're removing?

2:16:33Ruben Bravo

No. Yeah, it's under construction now, so everything.

2:16:44 – 2:17:32Lindsay Lecour

I guess we're going the opposite way this time. Couple questions. I like the treatment in the front with the planters. I think the way you've kind of stepped up and addressed the additional elevation in the front works well. there is there's really no treatment of that elevation in the rear right so it's the the rear elevation is just a white wall all the way around and you know I would have really loved to see some similar you know step up and whether planters or transition on that unless the yeah

2:17:33Speaker 4

But you read the rear the rear.

2:17:37Lindsay Lecour

You had it there.

2:17:40Speaker 4

No but they won't.

2:17:42 – 2:18:40Lindsay Lecour

Yeah. Yeah, so you basically just have a white wall all the way around, and especially where that barbecue is, you've popped that wall up higher than the fence, so your neighbor's looking at a big wall there. So I would have liked to have seen, or I would like to see, a little bit more of a treatment or a transition there. The lighting... The LED strip lighting is not compatible with Surfside's lighting scheme. I'd like to see that be removed. The floodlights also, are those motion sensors or what are those on the corners of the house in the front? Cameras. OK, it looks like there's lighting there, too. So I just want to be very careful of the lighting in the neighbor and in the streetscape. Can you just pull that up?

2:18:40Speaker 4

Yeah, they have a night vision on that.

2:18:43 – 2:18:54Lindsay Lecour

Yeah, so in the back there, you've got those floodlights in the back. There was another one in the back that had floodlights in the corners. I'm not sure which is the correct rendering.

2:18:57Speaker 4

Are those in the plans? There were cameras and then the motion lighting, but you're talking about not having those lights there.

2:19:06Lindsay Lecour

That floodlight is invasive to the neighbor.

2:19:10Lindsay Lecour

So if it's a camera, fine. If it's floodlights, I don't think that's compatible with our neighborhood.

2:19:15Speaker 4

We can remove that.

2:19:16 – 2:19:46Lindsay Lecour

And the LED lighting all around, the strip lighting also. And then just a comment. I mean, this is your preference, but a black tile roof is going to be absorbing heat all day long. Your HVAC bill is going to be way higher. I think you could get away with a beautiful white cement tile roof, and it would be reflecting light and heat, and it would go with your design. Did you want to? If I can do just a small comment. Just speak into here. Sorry.

2:19:48Speaker 6

I choose to use a gray pearl, light gray.

2:19:54Ruben Bravo

So it's not black?

2:19:56 – 2:20:10Speaker 6

Yeah, because I saw a house close to us, a neighbor. It was so beautiful, very chic. And as you mentioned, we were common. Maybe we can go through a light gray pearl.

2:20:10 – 2:20:29Lindsay Lecour

Yeah, I think anything lighter. And I mean, you have a very simple design here. And you're black and white, basically. So that's up to you. And then the rear windows, I don't know if anyone else, but the fact that they're different heights is a little awkward. I was wondering if there was some constraint you're working with there.

2:20:29 – 2:21:14Speaker 6

I will explain. On the left side is the kitchen. It's the reason why we use the window, the same height as the living room, because we decide for the ceiling on the kitchen to make the ceiling a little bit lower to make something more warm. And it's the reason why the window on the left side, close to the barbecue area and the terrace, It's for the kitchen. It's a sense when you see inside that is more beautiful because I don't like the kitchen. It gets exactly the same high ceiling that the living room. We did something more warm for the kitchen is the reason why the window is make a little bit less.

2:21:16Lindsay Lecour

I understand. From the outside, you can see how it, you don't read that from the outside, right? But I can understand from the inside, yeah. Those are my comments.

2:21:29 – 2:22:19James Mackenzie

That's it? I'm a little confused. Oh, by the way, for the record, this is not the house that we reviewed when we met in a previous life. I would have to say that your story is very compelling. It looks like you have a lot of patience. Thank God. I would like you to dress up the stairs from the street side. Only just a simple maybe 18-inch wide wall on either side accompanying so that they don't look like they're lonely or an afterthought between the wall of the house towards the street.

2:22:21Speaker 4

I think I understand what you're saying. I think that the house that you're referring to that we spoke to you about does have that element.

2:22:29James Mackenzie

Yeah, we reviewed a two-story house. Right, exactly. Back then, yeah.

2:22:33Speaker 4

Exactly, but it has those elements that you're talking about so we could implement them here.

2:22:38 – 2:22:54James Mackenzie

Yeah, and maybe, I don't know how you could do it, but it would be nice if you could step up, have a little landing, and then another step up. We can do that. I think it would create a little bit more interest and a better composition for the entrance. We could do that.

2:22:55Lindsay Lecour

Could even be wide enough to have the plants in that structure.

2:22:58James Mackenzie

Yeah, 18 inches or maybe. So you don't lose. Whatever suits you, but something that could have planting on.

2:23:07Speaker 4

I understand perfectly because we did talk about that and we did accomplish that and it looked really beautiful. So we can implement it here.

2:23:13 – 2:23:37James Mackenzie

And as far as the balconies, one of them is in violation of the code, right? Which would be the north one. Are you facing east or west? The front. We're facing east. You're facing east. Is it both balconies or just one?

2:23:37Speaker 12

Yeah, both were in the setbacks in the front.

2:23:40James Mackenzie

But, you know, if we look at the floor, maybe I'm looking at the floor plan wrong, but.

2:23:46Speaker 12

Oh, they did remove it from the floor plan, but they have other elevations that show, some of their renderings show that there's still balconies in the front.

2:23:55James Mackenzie

It's both balconies that are in violation then?

2:24:00Speaker 4

This particular elevation rendering doesn't have the balcony. Do you have the one with the balconies?

2:24:08Lindsay Lecour

Are you looking at a site plan that shows the balconies?

2:24:11James Mackenzie

No, the only thing that shows the balconies, I think, is the rendering. The balconies have been taken out from the floor plan.

2:24:19Lindsay Lecour

But you can see the 20 foot setback in the floor plan, or in the site plan.

2:24:24 – 2:24:42James Mackenzie

Let's see. I have a site plan that shows the street at an angle. And I'm assuming that the left side meets the 20 feet, but on the right side, they'll probably have 25.

2:24:43Lindsay Lecour

I see what you're saying. Because it's uneven, they might be able to pop out a little balcony on one side.

2:24:48 – 2:25:00James Mackenzie

So I'm assuming that the north side where the master bedroom is, or the south side, would be in compliance. Can you look at that? Not now.

2:25:02Lindsay Lecour

If they want that, though, right?

2:25:04James Mackenzie

Yeah, it would be an oddball kind of situation.

2:25:08Lindsay Lecour

It would be asymmetrical.

2:25:10 – 2:25:29James Mackenzie

Yeah, or maybe you look for another way to deal with it. I'm not sure if you have a little bit of room to create like a Juliette kind of balcony. We thought about that. Yeah, so that you do have some articulation, not just a plain wall with two windows.

2:25:29 – 2:25:43Speaker 4

We thought about that. See, this particular rendering here does show the balcony there. But we could do the little Juliet balcony, very short, so that we can dress up.

2:25:43Ruben Bravo

Just put the fence in there. You don't need to protrude.

2:25:46Lindsay Lecour

You can open the door and still have the feeling of a balcony.

2:25:50Speaker 4

Correct. We can do that.

2:25:52Speaker 4

No, no, no, but we do. We would prefer that.

2:25:57 – 2:26:40Speaker 6

In fact, because the zoning did not allow it, is the reason why we take the key with us, to show you how it can be if we use, not balcony, just a nice railing, and for safety reason also, but, according to the zoning, we cannot go front of you, the code member, because it's not allowed. And after, if you agree that we can install the railing as it is, it will be perfect for me because this is exactly what I'm looking for.

2:26:42James Mackenzie

I think Scarlett's problem is the invasion of the setback, which you're only allowed, I think, eight inches, right?

2:26:49Ruben Bravo

We cannot approve protruding into the setbacks, right?

2:26:53Speaker 12

That's something that... Balconies, no. But railing can. Oh, yes, and I did suggest that to him.

2:26:58Ruben Bravo

Okay. If we can, I think Mr. Kosalos has some idea on how to solve this situation.

2:27:07 – 2:27:18Speaker 13

George Kouselis 9225 Collins. You're allowed projections decorative projections of eight inches. Yeah. So that fits perfectly with the Juliet balcony. Yeah.

2:27:18 – 2:27:54James Mackenzie

Yeah. I think that would be a very nice elevation with that. Okay. I'm sure Scarlett would have to vet it, but let's hope that you find that little corner to give some leeway. In the back, I think the front is going to look very nice once you have those elements. In the back, it is a bit... I don't know if you... It is a bit troubling.

2:27:54 – 2:28:51Speaker 6

I can explain the reason why. Today, most of the house in Surfside, when they raise the floor to 10 feet, they build the pool on the same level. And for us, for the security reason, because I have a grandchild, I do prefer to let the pool on the ground level. And to have the stairs like this, front of the stairs, we can put a protection, a gate, because this is what we worry in the first, the security for our grandchild. Is the reason why because it's sure it's more beautiful to raise the pool same level that the living room like this we can see the pool. No, we prefer to assume the security. The pool is on the ground. We have stairs to go to the pool. It's more safety for all of us.

2:28:52 – 2:29:21Speaker 4

I think that your comment that in the back you have that plain wall, if we can somehow articulate the wall, you know, make it a little bit nicer, I think, because we do need something there, you know, to cover the barbecue area. And again, the house is raised four feet from the ground. But I think that we can redesign that little solid wall and make it a little bit more pleasant.

2:29:23 – 2:29:50Lindsay Lecour

I'm wondering if there's a way to use the stairs in the back as a, you know, kind of having instead of the wall, a large stairway coming down. I don't know if you can have any room to move the pool a little further away and sort of move, transition that down the same way you're doing in the front where you've got some stairs, a landing, some stairs, and you can get some of that greenery in there to soften it up. It's one way to do it.

2:29:52Speaker 4

I believe that the pool itself, we cannot move because we're already on the setback line. We're tied there.

2:30:01James Mackenzie

It's five feet to the water, Scarlett?

2:30:05Speaker 12

To the edge of the pool.

2:30:07Speaker 12

To the edge of the pool.

2:30:09James Mackenzie

To the edge of the pool, not the water?

2:30:11Speaker 12

Yes, not the water.

2:30:13James Mackenzie

To the edge of the water, how much is it?

2:30:18Lindsay Lecour

I don't think there's a rule for that. Yeah, no.

2:30:20Speaker 12

Whatever they want to design for the inside.

2:30:26 – 2:30:53James Mackenzie

Okay. I think those are my comments. I think the front facade needs to be appealing, and I think they like the ideas, and I would say... The back, I agree. You know, if you could look for a way to make those steps a little different, where there's a softer transition, you know, it's not like going up.

2:30:54 – 2:31:11Lindsay Lecour

I mean, you could do the same thing that he suggested on the front, where you have the 18-inch and, you know, and in that is some planters. That would also kind of make that corner of the pool, you know, you wouldn't be accessible for your grandchild. Like they'd have to come all the way out and then get in.

2:31:11 – 2:31:24Speaker 4

And I think, and I think also on the, on, you know, where the barbecue wall is and, and then you have that foot high wall, we can maybe put some planters or something there too. So, you know, to mix, you know, dress it up and make it.

2:31:24Lindsay Lecour

Yeah. I was going to ask you actually about the landscaping plan on the side setbacks of the home. Are you planting new plants that will be the same height as the home?

2:31:35 – 2:31:52Lindsay Lecour

Okay. I'm less concerned about the rear given that because you're going to have a green screen. But I think for future resale and just coherence of the architecture, I would encourage you to apply the same principles that you've got on the front and the back. But I would be...

2:31:53 – 2:32:37James Mackenzie

I'm sorry, go ahead. I'm a little confused about the building department and the 50%. Is there still an issue pending about the 50%? That's why they have to bring it up. racing the finish for so what we're looking at is really your plan yes moving forward yes that meets the code requirements of the building department and everybody's happy okay i just want to make sure that we're approving if we're going to approve something that's already been vetted in that direction yes okay thank you just saw one clarification that um do do you want to ask that question uh

2:32:40 – 2:32:56Speaker 7

There's a note on, which one is it? Where did we just see it? Where did I just see it?

2:32:57Ruben Bravo

On the... On the side, on the side of the proposed elevated terrace, right?

2:33:05Speaker 7

Yeah, on the... On the left side, it says the pool equipment is located beneath the terrace. Where is that?

2:33:14Speaker 4

Hold on one second.

2:33:23Speaker 7

How does that work?

2:33:30Speaker 5

Because I love it if it does.

2:33:34Ruben Bravo

But if it's an elevated terrace, there's no cube.

2:33:51Speaker 7

Yep. That one, yeah. So the first one. If you can zoom in. Go to the bottom left corner next to where the pool is on the.

2:34:05Ruben Bravo

You cannot zoom in?

2:34:07James Mackenzie

Machine pool, I think it says.

2:34:11Ruben Bravo

The comment is the pool equipment is located beneath the terrace.

2:34:20Speaker 4

Yeah, well, the thing is that the rendering shows like a blank wall on the side.

2:34:27Speaker 4

But in reality, you know, the flooring is raised so we can fit the pool equipment.

2:34:33Ruben Bravo

So there's no wall.

2:34:36 – 2:34:55Speaker 4

There will be a screen or whatever covering the equipment will be inside there, but it will be a screen so that you don't see the actual machinery. It's like when you have a pool equipment and you have like a screen enclosure, that's pretty much what it's going to be.

2:34:58James Mackenzie

I guess it's gonna be hidden.

2:35:01Speaker 4

Yeah, yeah, so that they put it in another way. Right.

2:35:05James Mackenzie

Underneath that terrace.

2:35:09Lindsay Lecour

Yeah, hopefully there's enough air circulation for the machinery in that height.

2:35:14Speaker 4

It's a pool equipment, it's not an air conditioning, and it will be like a louver type of screening, so there will be air coming in. Right.

2:35:25Ruben Bravo

So if we don't have any more comments or questions.

2:35:29 – 2:36:25Speaker 9

Board members, before, just because This application has, as noted by staff, it has certain aspects that are not code compliant. We need to make sure that on top of the comments that the board members have made, the suggestions for the front and the rear and everything else, on top of that, the condition on this has to be that all code REQUIREMENTS HAVE TO BE MET. YOU GUYS CANNOT LEGALLY APPROVE SOMETHING THAT IS NOT UP TO CODE AND I BELIEVE IT'S THE PERVIOUS AREA? CORRECT. somehow that needs to be ensured and they have to understand that this approval is going to be subject to you guys ensuring that you meet not just that but every other aspect of the code and understanding that there are suggestions also that are being given.

2:36:26Ruben Bravo

Thank you, thank you for the comment. So do we have a motion?

2:36:31 – 2:36:58Lindsay Lecour

I will move to approve with staff conditions the meeting of all code. Also with the removal of the LED strip lighting and flood lights and I think that was it for me. And the consideration of our suggestions regarding the rear elevation and the confirmation that the side setback plantings will be the height of the home.

2:36:59Ruben Bravo

Yes. And I'll second the motion.

2:37:00James Mackenzie

And the comments associated with the front of the house as well.

2:37:04Lindsay Lecour

Oh, thank you. And the comments. The suggestions, yes. Thank you. The suggestions for the front as well. The condition regarding the front elevation suggested by.

2:37:12Speaker 9

Yes. Perfect. The suggestions, yes.

2:37:15Ruben Bravo

And I'll second the motion. So Madam Clerk.

2:37:19Speaker 15

Board Member LaCour. Yes. Board Member McKenzie.

2:37:23Speaker 15

Board Member Levy.

2:37:25Speaker 15

Last year, Bravo.

2:37:27Speaker 15

Chair, the motion carries.

2:37:28Speaker 4

Thank you very much. Appreciate it.

2:37:31 – 2:38:07Speaker 6

Good luck. Excuse me. Thank you so much. First of all, but I have a question now about the now. our construction is on hold since two weeks because that's normal we need to get the approval from the board that we got today thank you and i want to know instead of the comment that we will make the design as soon as possible i would like to know if we tomorrow for example we can continue to make a I mean the shell, I'm not talking about the detail.

2:38:07Ruben Bravo

That is not in our purview.

2:38:09Speaker 9

That you will have to speak with the building department and you can speak with them and they can assist you with that question.

2:38:16Speaker 6

Okay. No, he's not you. Okay. Thank you. Merci. Bye. Thank you very much. Bye. See you.

2:38:24Ruben Bravo

Item number six, ordinance.

2:38:27Speaker 15

There are no ordinances for today's agenda.

2:38:30 – 2:38:43Ruben Bravo

Much better, and number seven, we have next meeting date, August 27. I won't be here on August 27, but I guess everybody else will be.

2:38:47 – 2:38:59Ruben Bravo

Yes, okay. Discussion items for the discussion item tracker. Do we have anything there?

2:39:04 – 2:39:21Speaker 12

This is just for your information purposes. At the last board meeting, it was requested that it be kind of updated and cleaned up, and that's what we've attempted to do, and get the items on here that are really moving forward and taking older business out.

2:39:22Ruben Bravo

Do we have any questions or comments about that? No? 8B, we went through that. 8C is the B40 district wall signs.

2:39:33 – 2:41:05Speaker 12

Yes, this is a discussion item. No action is required. This is just brought before you based on our last meeting in June. There was a motion to review the zoning code requirements that pertain to wall signs that come before the board for approval and it was directed for staff to prepare a code amendment suggested that would basically remove the requirement for wall signs to be coming before the board in the future. And this is based really on the fact that most of these sign applications are very straightforward. talking about dimensional issues and they're really more appropriate for a staff level administrative review versus coming before a board for a vote. So we propose that the section which discusses the exemptions from planning board review be modified to add wall signs as an exemption. Also, just to note, there are a few other, or two other areas of the code that would be affected by the change. One is section 9070H, and there's 9073A3A. They address wall signs as well, so we would make modifications there, if so directed by you.

2:41:06Ruben Bravo

Board members, do you have any questions? Do you want to discuss this item or do you want to defer it until you digest the item for the next meeting?

2:41:16 – 2:41:41James Mackenzie

If I understand correctly, we're moving towards scarlet or or let's say the zoning to dictate whether it meets code or not and and i think i'm fine with that i mean we don't need to see something that meets all the zoning requirements unless it's you know graffiti or something like that i presume no

2:41:42 – 2:43:04Lindsay Lecour

I mean, I would say I'm torn. I understand that 9 out of 10 signs that come before us are very straightforward. I have seen in the past times where this board has vastly improved a sign or caught things such as the sign says Bay Harbor in it instead of Surfside. I also in my mind is the general beautification of our retail and business district, which I think is signs and awnings together. Um, and a lot of times we get a sign by itself without an awning. And I, and I do think that we could do better about saying, if we're going to do signs, let's do the awning if it needs it. And how do those things work together? Um, but I, you know, it's, that's a relatively straightforward, um, decision it might be helpful to see you know does the code prevent now someone from putting Bay Harbor or Bell Harbor in the title of their right. So that is something I'm worried about. And then you know we don't see awnings. So it's like do we want a slightly more comprehensive standard for the design the business district or do we just want to rubber stamp everything that comes.

2:43:05 – 2:43:29James Mackenzie

But can something be done code-wise that's incorporated in the zoning that they could look at and then bring forth something that's outside the boundary of whatever the code says? Can that be situated? Can we codify it so that only the exceptional comes here and not all of it?

2:43:29 – 2:45:00Speaker 9

So I think that would require a slightly more intensive type of rewrite because this is more of a blanket exception. Signs are in the purview of staff. Now, of course, if you were to go and say signs or think about establishing certain size limitations or styles and say if certain signs, backlit signs, For an example, not that you would, but channel letters come here or something above certain feet. There are other ways to do that. The way it was presented and the way it was discussed the last time, this is what... was requested the last time because, like you said, it's the majority of the times the signs are very straightforward and they just, you know, it doesn't make sense for them to come here and have to wait here for something that also is, you know, it's a First Amendment issue. It's all sorts of other issues that come in here that you guys don't need to be you know, taking time for. That said, if it's a more detailed review and the segregation of different types of signs, that's different. I believe the code provides certain limits on the size of signs.

2:45:01 – 2:45:32Speaker 9

And the types of signs. So anything that is outside of that scope If it's going to be a variance, they allow sign variances, I'd have to go back and check. But if not, it wouldn't be allowed anyway. Scarlett would stop it. And if it were allowed a variance for any sort of aspect that doesn't meet squarely into the allowed sign stuff, then of course it would be a variance and it would come before you.

2:45:32 – 2:46:05Ruben Bravo

SO WHAT IF WE, BECAUSE I DO AGREE WITH YOU, SO WHAT IF WE PUT SOMETHING IN HERE, RIGHT, YES, NOT ALL 10, THERE'S STANDARD, THERE'S NOTHING ELSE TO DO, JUST APPROVE IT AND THEY'RE WAITING TWO HOURS FOR THE APPROVAL, RIGHT, IN THE ROOM, WHICH IS UNFAIR. BUT WHAT IF WE HAVE SOME WARNING IN THIS MEMO READING SOMETHING LIKE WHEN DEVIATING OR WHEN THE CONDITIONS ARE NOT ADDRESSING THE CODE, then they have to come to planning and zoning.

2:46:06 – 2:46:39Lindsay Lecour

Yeah, I mean, what I was thinking is maybe this board could review one time what the rules are on a sign, and if we think they're sufficient, and as long as they meet the rules, then we're okay with them doing it. I would just like to know what they are, and we should all know what they are. And I would like to propose that, and I don't know, maybe this is a First Amendment thing, but we've seen a few signs over the years come in and try to capitalize on Bell Harbor and put Bell Harbor in their sign and I think that is a disservice to the branding of Surfside, so I don't know if we can...

2:46:41 – 2:48:00Speaker 9

We're walking onto a slippery slope with First Amendment things, right? Can you say just the same as you might say, where's the difference? Miami Beach, something Miami Beach, whatever. There's a boundary. There's a jurisdictional boundary, but there's also First Amendment considerations and what... There's a difference between what's official and could be confusing for someone and what is... what somebody might want to name their business or do something and be allowed to be wherever they want to be. That said, other than that, there's definitely criteria here, and I'm looking at it, and I don't... I don't want to say for sure whether there's an ability to vary the sign standards, which obviously would come if you can. I would defer to Scarlett. Maybe we can look into that and come back to you to give you a better, more complete view of that. But that's kind of the idea was to streamline the process for people who are coming to just put their signs up and don't need to sit through this.

2:48:00 – 2:48:37Speaker 12

Chair, if I could just add one more food for thought. Since I deal with the applicants all the time, I get a lot of pushback, especially since they have to pay $3,000 to come before you. So that's in and of itself. And also, it could take a month. It could take longer because you only meet once a month. So it is a little bit of a burden on these businesses trying to start up, and they're not expecting that kind of a cost, and they're not expecting the time that it takes to get in front of you. So just to let you know that that's what the businesses are experiencing on that side. So it's one of the reasons that we wanted to.

2:48:38 – 2:49:32James Mackenzie

I also agree with you in the sense that I think we're lacking code enforcement somehow. Not just in the commercial district but all around in general. And I bring it forth because the other day I was walking along the commercial. At one point there was a restriction on pharmacies And because Publix had a pharmacy and these, what is the other pharmacy that's closer to CVS, there was a distance issue. And only those two pharmacies were supposed to be, and that was the end of pharmacies for Surfside because of this rule of the distance. It appears like that rule is no longer in play.

2:49:32 – 2:49:45Speaker 12

Yes, correct. The code did change to allow it. I believe it also had a requirement that there be some sort of retail, some square footage that was, I'm not remembering exactly.

2:49:45Lindsay Lecour

There was a code change for that pharmacy.

2:49:48James Mackenzie

Oh, okay. So that is now the new rule?

2:49:51Lindsay Lecour

Yes. I think it was just for that particular use, but we can...

2:49:55Speaker 12

look into that later. Right, I think there might still be a setback distance, but it changed so that it allowed for another pharmacy to open.

2:50:05 – 2:50:31Lindsay Lecour

I WOULD BE COMFORTABLE WITH THIS CHANGE BECAUSE I AGREE WITH YOU. I THINK WE WANT MORE BUSINESS TO COME AND HAVE IT BE EASIER TO OPEN IN SURF SIDE BUT I WOULD LIKE IF THE BOARD WOULD BE INTERESTED TO REVIEW THE SIGN REQUIREMENTS AND THE AUNNING REQUIREMENTS AND THE FACADE. DO THEY HAVE TO REPAINT THOSE FACADES? JUST SO WE CAN UNDERSTAND WHAT PEOPLE HAVE TO DO AS A SEPARATE FUTURE DISCUSSION ITEM NOT RELATED TO THIS

2:50:31 – 2:51:10Speaker 9

And let me clarify, because I just read up on it and just confirmed, there are no variances allowed for signs. So the signs would have to meet the criteria that's in the code. And if they do, they get approved. They don't have to come here. If they don't, you know. I think that's reasonable. So that's where we are. So I just wanted to confirm that because I just, I didn't want to say it before, you know, I didn't have it right in front of me. So I didn't want to say what the list of variants is allowed for, if it was there or not. But it is not there. So it's, you are allowed to do what's in the code and nothing more.

2:51:12Ruben Bravo

Correct, yeah. Thank you. Item nine, new business. I have a couple of new items here.

2:51:21Lindsay Lecour

Sorry, did we give a clear?

2:51:23Ruben Bravo

That was the instruction, right? Excuse me? That was the way we were gonna proceed.

2:51:31Speaker 9

Are you guys gonna, are you all gonna make a recommendation?

2:51:34Lindsay Lecour

I would move to recommend to the town commission that we make the sign review an administrative review That's my motion.

2:51:44Speaker 9

If the board is gonna make action, I would suggest that we open it for public comment, if anybody would like to say anything.

2:51:51Ruben Bravo

So we close the public comments. Okay, now we have to make, now we can make them, we have to follow the rules, right?

2:51:59Lindsay Lecour

I think the motion's still out there.

2:52:04Ruben Bravo

What's that? I'll second the motion. Okay.

2:52:07Speaker 15

All those in favor say aye. Aye.

2:52:10 – 2:52:21Lindsay Lecour

Any opposed? Motion carries. I'd also like to ask that we do put the signs and awnings and facades generally what the rules are for this board to review it sometime in the future so that we agree.

2:52:22Ruben Bravo

Probably for the next meeting. For the next meeting? Yeah. Let's do it for the next meeting, please.

2:52:27Speaker 12

Yes, no problem.

2:52:27Ruben Bravo

As a new business item. Okay. In my list, I have two things, something that caught my attention.

2:52:36Speaker 15

Chair, if I may.

2:52:37Speaker 15

You're missing item 80. We do have a public speaker on the side.

2:52:42 – 2:52:54Ruben Bravo

Oh, yeah, yeah, sorry. 80 placement, sorry. Item 80, placement of a discussion and potential action item on revisions to the 2026 design guidelines on the next agenda.

2:52:58 – 2:53:57Speaker 12

Okay, this also came up at the last meeting. There was a discussion about the design guidelines in general. Board Member Baumel not here tonight, but she stated that she does not favor the term guidelines and suggested the document would be, should instead function as suggestions and recommendations rather than a mandate and that the guidelines would be recreated. should be recreated, sorry. The town attorney noted that this would be a significant policy change requiring the town commission action. And following this discussion, the board voted to place a discussion and potential action item for revisions of the 2026 design guidelines on this agenda to formulate recommendations to the town commission. Just so you know, this is all happening so quickly. And after this meeting, there was the meeting with the town commission and that was discussed earlier tonight, so.

2:53:57 – 2:54:46Speaker 9

Yes, the town commission is moving on its own to explore the changes to the town guidelines and to the zoning code. So you guys are free to recommend and continue this discussion item and recommend whatever changes you would like. And the commission can review the record and see your recommendation. But just so that you all know, the town commission is already on their own making changes. And are those changes gonna come back to us and be explained? The changes are gonna be, obviously for the code, it's gonna be an ordinance, and so those ordinances will come before you, yeah. Thank you.

2:54:46Ruben Bravo

So now I open the floor to the public comments.

2:54:55 – 2:59:40Speaker 13

George Kouselis, 9225 Collins Avenue. As you heard, the reason this is here tonight is because one member thought that the term guidelines was too harsh and that these should just be suggestions. That's a bad idea. Now, what the commission decided a week and a half ago or two weeks ago now, whenever it was, to revisit the guidelines because of the... Going back to the old code is fine, but I don't think that should open up the idea that the guidelines should become weak. The whole reason you're here, and as Member LaCour said maybe two hours ago now, it's the main thing you do. It's in Chapter 9018, parentheses 2, I think. or 17 too, and it basically says one of your absolute main powers is design review of things that are built in the town. Otherwise, and if it's just a suggestion, you guys will be coming in here and talking and wasting your time because nobody will listen to them. So what's the point of that as well? I think the design guidelines are very important. In the meantime, you're operating under the 2000 eight version of them, which I think were actually drafted in 2006. They are creaky, they don't resemble this town at all, and I think most boards in the past year handful of terms have used their best judgment as guidelines as well as those guidelines literally because you can't. There are three story houses and there's all kinds of strange stuff. So new guidelines are important. The guidelines that were done a year ago are a little bit out of sync with the code that you're going back to but they're a lot better than the guidelines from two decades ago. So I think the best recommendation is to, you know, do something with the ones that were passed a few months ago by the previous commission, kind of one of the last things they did, and work with those and get them into shape with an eye toward the zoning code that is in operation. But one of the things that's important about guidelines, they should never resemble code. There shouldn't be a number in there because the number is in the code. It's about other ideas, and though they may seem subjective, I think they're very important, and a bunch of them came up tonight, and you looked at houses, and even the one that everyone agreed was a beautiful house, but some people had concern about the amount of house, not the amount of house, but where the massing was located. That would be something, and I think I'm not sure. I wasn't looking at the drawings carefully, but there's a provision in the current code where you actually have to have an inside corner. So you could have two vertical facades, but they can't be like this. They have to be like that anyway. But there's nothing that would preclude you from weighing in on the idea of where the mass should be. It's just that you can't say you gotta be 15 feet back or five feet over or this or that or whatever. So these are very important ideas. And as I brought up in the last term, that the ideas or the issues that are important keep coming up. It's the same ones. Maybe it's a half dozen of them, a dozen of them at the most. But it's a fairly short list. And every planning board sees architects and owners come in. And for some reason they didn't get it. And the board goes crazy saying, don't you get it? This is what we're looking for. And the applicant is saying, what do you really mean? And so this disconnect there is obviously the opportunity for a guideline. Because the raw material there for people to make the right design, to make the right decision wasn't in front of them. And that's beginning, that's in this latest version. It just needs, massaging and updating. Time kind of ran out, and it was forced through by the previous commission. But I certainly would not turn these into suggestions. Then what's everybody doing here? Thank you.

2:59:42Ruben Bravo

Thank you very much.

2:59:43 – 3:01:13Speaker 9

If I may add just one small bit of color just because the whole reason why we're back at the 2008 guidelines and why we're not enforcing the 2024 changes to the code is a state law issue. It's the whole SB 180 situation that has the state has sort of what not sort of the state has preempted the city's power to make or pass or enforce any more restrictive zoning requirements or regulations, and that it certainly would include guidelines that require certain aspects or certain design elements that are more restrictive than what was in place at a certain date in 2024. That's why this is gone. So I just want you all to keep that in mind. That's the whole reason we are Back not enforcing these aspects and why the commission is also. Reviewing and taking a look at what they need to do in order to make sure that they don't run a file of the state law. That's all I just want to put that out there. It is. It is a frustrating and it is, in a sense, a power grab from Tallahassee, and it is certainly frustrating. Unfortunately, there's only so much that we can do here at the municipal level against the powers that be up in Tallahassee.

3:01:14Ruben Bravo

Thank you. So I'll close the floor for public before we close. Now we can we can. Yeah.

3:01:24 – 3:02:27James Mackenzie

Some jurisdictions have gotten to the point where they've totally eliminated the design review process if a residence complies with those zoning criteria. It's because the design review is perceived as being very subjective. And in the realm of subjectivity and taste, somebody could love something and somebody else could hate it. So it becomes so subjective that for single family homes, they've moved away from having design review criteria unless you're proposing an industrial look that doesn't fit within the community and clearly doesn't fit the language, if you will, or the style that that community would like to enforce. just worth a thought.

3:02:27Lindsay Lecour

Yeah, I mean, I think what you're saying is becomes a very binary decision. I think with a code, you either meet it or you don't.

3:02:37 – 3:03:57Lindsay Lecour

So it's not subjective, which is exactly why we need the design guidelines, in my opinion. I think our role is to determine if something is compatible with the neighborhood. And the only way you can do that is by trying to articulate in a guideline what you believe is compatible and then rendering a decision on a design whether it meets those guidelines or not. I think without it, we should not be up here. I think our planning staff can determine yes or no it meets code and we shouldn't be up here. I think Surfside deserves a minimum standard of quality architecture. We get a lot of applications that come from engineers or owners drawing in SketchUp. A lot of these don't even have an architect attached to them. That's what our role is, is to help people develop some you know, architecture, some articulation, some design minimum standard. So I feel very strongly that we have design guidelines. That's our only tool to work with these folks. You know, if we need to revisit it to be compliant, I understand. Let's revisit it. Let's sit down. Let's have a, we've had several workshops in the past where the planning and zoning board and the city, the town commission sit down together and go line by line. So let's do that.

3:03:58 – 3:04:45Ruben Bravo

And before I open the comments to public, again, to add some color to this discussion, right, we're counting on the code and current regulations are very clear, and sometimes they're not, opening a whole another situation if we don't have the design guidelines. So we have to think about that aspect as well, right? And I do agree that that is our tool to make sure that we are cohesive on what we want in town. Now, the problem that I see is when the design guidelines give you vague tools, right?

3:04:45Lindsay Lecour

Which is the 2008 guidelines.

3:04:49 – 3:05:09Ruben Bravo

And when the design guidelines or any other instrument besides not being clear, opens to some lawsuits to town. So we have to be very careful on how we address this, right? We have to be very careful on the points that we're making here. Mr. Kosalos.

3:05:10 – 3:06:04Speaker 13

Ms. La Cour is exactly right. What's the point of even being here? Many municipalities don't have a design review of single-family homes. That's probably 90% of them in the country. If you meet the zoning code and later the building code, that's it. That's not this town. And I think as the chair pointed out, vice chair, I guess, presiding officer, You've got to have the best guidelines you can have because that's the thing that gives you the teeth, removes as much subjectivity out of it. We're all human. It's a board of five human voices, so you can't wring that out entirely. But, you know, I think you've got to keep them and you've got to make them really good.

3:06:09Ruben Bravo

So what is our next step now?

3:06:13 – 3:06:38Speaker 9

It's up to this board. If the board wants to make a recommendation to the commission, it can. If it doesn't want to do anything, it doesn't have to. You can make a recommendation with what, based on Ms. Bommel's suggestion, you can make another recommendation. Or you can... DO NOTHING, BECAUSE IT'S A DISCUSSION ITEM.

3:06:38Lindsay Lecour

I WOULD RECOMMEND THAT WE REVISIT THE 2026 DESIGN GUIDELINES TO BE COMPLIANT WITH SB 180.

3:06:49Speaker 9

OKAY. THAT CAN BE A MOTION TO RECOMMEND.

3:06:53Lindsay Lecour

MOTION TO RECOMMEND.

3:06:54Speaker 9

AS STATED BY MS. LICOR.

3:06:57James Mackenzie

I'LL SECOND THAT.

3:07:01Speaker 15

MADAME CLARKE. YES. Member Levy?

3:07:09Speaker 15

Vice Chair Bravo?

3:07:11Speaker 15

Chair, the motion carries.

3:07:14 – 3:07:32Speaker 12

Excuse me, could I get some clarification on that? Is that, as far as revisiting, is that what you want me to bring to the board and you look through the design guidelines for that or is that something that you would like staff to do and then bring that to you and say these are the changes we suggest?

3:07:32 – 3:08:04Speaker 9

I, if I may, I think that that is just a general recommendation that. You know, the administration, the manager, whoever it is can can bring. To the commission and say commission the board. recommends that you look at the 2026 guidelines and figure out how to work it so that it's compliant, so that it's not in violation of state law. I don't necessarily think it means to retweak what's here or bring something else back to them.

3:08:07Speaker 12

To bring a recommendation to the commission?

3:08:09Speaker 9

It's just the recommendation to the commission based on what Ms. La Cour said.

3:08:14Lindsay Lecour

Yeah, and I think it will involve staff input first. I mean, you guys have a better understanding of SB180. Without question.

3:08:24 – 3:08:35James Mackenzie

But just out of curiosity, SB180 is dealing more with the actual zoning code issues.

3:08:36Speaker 9

It's land development regulations. All land development regulations.

3:08:40James Mackenzie

As opposed to matters of composition, color, palette.

3:08:48 – 3:10:09Speaker 9

So my understanding is that after an evaluation based on litigation that's come up, Based on other decisions that have happened elsewhere, looking beyond. That the 2026 guidelines. Would in and of themselves be more restrictive. Then what was in place before August of 2024, which I believe is the triggering date for 180 and therefore they're not enforceable. As is that is why we are going right now we are in back in 2008 guidelines because that is the only set of guidelines that we can enforce because they are not more restrictive than what was in place in 2024. It's because the guidelines were adopted later. the guidelines had been adopted earlier, these 2026 guidelines had been adopted in, you know, before August of 2024, we wouldn't be, at least we wouldn't be having this discussion about this problem. But I do also understand that the, Town Commission has has understood this same issue and that's all part of the part of the why they're reconsidering, you know, the changes to the code and also I understand to the guidelines.

3:10:09 – 3:10:33Lindsay Lecour

Yeah, just to follow up through the chair. I mean, obviously we need to be compliant. I think we should revisit, because I don't remember all the specifics of the guidelines, but for example, I don't think it talks about FAR, which was one of the changes. It doesn't talk about... So we might be able to go through and there's not as much, just because it was passed, if it doesn't speak to the items that were.

3:10:33Speaker 9

If it's not more restrictive, if it doesn't make it more restrictive.

3:10:38 – 3:10:51Speaker 9

I believe that that judgment call for the enforcement was made by the, I'm sure in connection, in conjunction with the town attorney and the council and the administration, so.

3:10:52 – 3:11:20James Mackenzie

I mean, in essence, it's called design review because we're talking about design. We're not talking about FAR, you know, how much pervious area. Those are things that belong in the planning side, in the zoning side. We're here to discuss the actual design and its benefits or its accolades or its, you know, running a range.

3:11:20Speaker 9

Opportunities for improvement.

3:11:23Ruben Bravo

Well, to your point, we're talking about design guidelines. We're not talking about blah, blah, blah. This is design guidelines, right? So it's about design.

3:11:32James Mackenzie

But in the design guidelines, you're talking about things that are not palpable, measurable, right?

3:11:40Ruben Bravo

Which is what we want to avoid.

3:11:43James Mackenzie

So they need to be really tight so that feelings don't start to play a role in the discussion.

3:11:54 – 3:12:42Speaker 9

And to answer, and you're correct that this is not as much measurable, although certainly the idea of maintaining compatibility in terms of height and apertures from neighboring homes and stuff, you start questioning how many windows, even if it's not concrete, right? It's not concrete, but we are imposing a... elements or requirements of a design before it can go to build, and that is what makes it a land development regulation under the umbrella of SB 180, which places these guidelines in the crosshairs of why enforcement is at this time untenable.

3:12:44 – 3:13:06Lindsay Lecour

Yeah, I would just encourage us to go kind of point by point through, I mean, not tonight, but when we do get to this, through and just to see, because it's the more restrictive is the key, right? We can't be more restrictive. So, you know, it may be that there's 10% of this we have to remove or adjust, but the rest can stay or vice versa. I don't know.

3:13:06Speaker 9

I think you encompassed that in your motion recommending to the commission that they look at how they can take this.

3:13:15 – 3:13:57Ruben Bravo

And to be perfectly open about this, before they were approved, I had some comments. And in all honesty, I didn't have because of my work. I didn't have the opportunity to present those comments that I think enhance those design guidelines. And they address situations like some vague items or words that could imply some potential conflict between different interests. There are some items in there. The design guidelines are not bad. They can be improved.

3:14:00 – 3:16:26Speaker 13

Very quickly. Let me give you one concrete way to maybe deal with this on one particular example. Instead of focusing on solutions, because solutions get restrictive. I want you to have this. I want you to have that. No more than these, whatever. Think of an issue. And you present the issue as something that concerns the town and concerns the planning board. So an issue that we can all appreciate is the FEMA 10 foot thing. Basically, it puts every house up on a five foot tall, sometimes six foot tall podium, rarely four foot tall. So that's the issue. That's your concern. And then within that, you could have suggestions. that one way to mitigate this problem is that you have planters at the bottom. You slightly raise your yard. You think about how the steps navigate up so it doesn't look like a Brooklyn brownstone. You create a distinction between the the podium and the house above with something. You think about the sill height of the windows on the first floor because if they're too high, that makes the podium look even bigger. All these things, you don't have to do any of them. You could do some of them. You could do something else we haven't thought of as a board. But show us how you actually address the issue, because the issue is a big concern to us. And these are some things we've come up with that you can think of. So if you want to paint by numbers thing, and for the less talented architects that can pick and come in with an answer, But that doesn't have to be the answer. And that way you sidestep specific things that you want them to do. You build in variety to the solutions. But they still have to figure out that problem. Don't show us a ponderous solution. base to a house and you go all around. There will be all kinds of issues that are similar throughout the house. How do you face the neighbor side on these, certainly on the interior lots, which have such narrow gaps? How do you deal with the backyard? How do you deal with pools? Just show us that you've thought about it and come up with a plausible answer. Just like when you're in architecture school, professor doesn't tell you what to come up with. But when you present your project, you better have a good reason for why you came up with what you came up with.

3:16:26 – 3:16:58Speaker 9

Right? And it's a very good point and also reminds us of the guardrails of this board. They are not paying you to find the solutions for them. They are just paying, well, they're paying the application fees, but they are here for your guidance. Right. But we're good people and we want to present solutions to them. And you know, you don't need to do their homework for them. That was a very good analogy.

3:16:58 – 3:17:59Ruben Bravo

Thank you very much. Let's move to new business, item number nine. No new business, I have two. I want, if possible, I want this board to consider whenever needed, it may be never, to consider special meetings when there are too many applications. That could be an item for discussion in the next meeting. And my second item for discussion is something that caught my attention. I would enforce one way or another, I don't know, but we're gonna discuss that, right? That all applications must comply with code before coming to us. Because I didn't understand why we have to include that in our comments, I was, and this is on me, I thought that code compliance, right, or, you know, compliance with all the legal aspects was a portion that was done before coming to us.

3:18:01 – 3:18:57Speaker 9

I think the application we saw today, it had such a different and special history that somehow I don't think it's necessarily... No, I don't think it was on staff. I think it was just a combination of how much pressure they had put on the administration over there and over there and the history of it that they, you know, it was put on the agenda, but CLEARLY YOU SAW THAT STAFF RECOMMENDED AGAINST BECAUSE STAFF CANNOT LEGALLY RECOMMEND SOMETHING THAT ISN'T CODE COMPLIANT, SO THAT'S WHY RATHER THAN TELL THEM, AND AGAIN, IN CONSIDERATION OF WHAT THEY'VE BEEN THROUGH, RATHER THAN TELL THEM, NO, WE'RE NOT GOING TO HEAR YOU AGAIN UNTIL NEXT MONTH, GO FIX YOUR PLANS, YOU KNOW, WE HEAR YOU, BUT THESE ARE REQUIRED ITEMS. AND SO THAT'S WHY I INTERRUPTED TO MAKE THAT ON THE RECORD. Anything else?

3:18:57Ruben Bravo

Move to adjourn. I like the first one.

3:19:00 – 3:19:19Speaker 9

No, I said I like the first one, though. Are we going to take action on your... Oh, did we not finish taking action on that? Or to bring the directive to bring... To ask about special meetings. The special meetings, the special meetings.

3:19:19Speaker 7

You're flooded with applications.

3:19:21Speaker 9

You're right.

3:19:22James Mackenzie

So what's the limit? Let's put a limit.

3:19:26Lindsay Lecour

Let's not decide it tonight. Let's talk about it.

3:19:28 – 3:20:15Speaker 9

I want to put it in the agenda for the next meeting as a discussion item. I have to look into whether or not, and I'm sorry I don't have it in front of me, but I think there is, I don't know if it's code-based how many times you meet, and if that is in the code, it will take Again, a recommendation to the commission. We'll take commission action to give you that authority. If that's in the code, I wish I hadn't closed my computer. I'm so sorry. We'll look it up. And if you guys want to discuss that at the next board meeting, I'll be ready to give you kind of an outline of how that would work or not. And we have a motion on the table?

3:20:16Lindsay Lecour

Adjourned. Motion to adjourn. Seconded.

3:20:24Lindsay Lecour

All those in favor say aye. Aye. Opposed? Motion carries.

3:20:27Ruben Bravo

Thank you. Good night, everyone.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.