So that's been added to the exhibit packet as well.
Thank you, counsel. Please proceed and share your screen.
Thank you very much.
all right is everyone able to see that we can sir yes okay um good morning as stated i'm here
on behalf of nabir sharif malika su romanian owners of 40 15 green street i'll go through
the exhibit packet in a moment but just by way of some background this property received the
violation for the item that is being requested to be built here as a result of some, unfortunately,
multiple unscrupulous contractors that informed the homeowners that they did not need any kind
of permits or licenses for this kind of enclosure since it was just an enclosure report. So I just
wanted to set a little context and background for the board that this isn't something that was done
You know, knowingly in violation of any kind of zoning code or otherwise, and it's an unfortunate situation where unknowing homeowners were a little bit taken advantage of by not one, but two contractors who began this work and then later abandoned it only to create a situation where the homeowners received a violation for it.
Thereafter, the homeowners have put in plans and have moved forward with this variance request.
So after that brief intro, I'd like to go ahead and go through our exhibit packet.
So as stated by co-chair, here is the refusal for the addition to an existing structure to enclose the front porch.
And we'll go through. That's the only refusal issue.
And that's the only thing that we're here seeking your approval for.
Here's our application for appeal.
Our project information form.
our project information form, and here are the plans, let me see if I can zoom in a little further.
So this is the enclosed porch that we're talking about. As you see, it was undertaken and built,
but as soon as the violation, which you can see here in the window, was issued,
all work stopped and the homeowners undertook the process of having this variance issued.
The plans don't reflect it, but as discussed at the RCO meeting, the intention here is to enclose the green area and to finish the project with a brick facade matching both the property and just generally the character of the neighborhood, which you can see.
If you can see here the neighboring property, the type of brick there, this type of facade is intended to go on the brick as well here.
and by way of some further background the real purpose of this the homeowners have two small
children they both work they were having many security issues issues with where leave strollers
as well as multiple packages constantly being stolen because they weren't able to to receive
them as they both work and as you can imagine anyone here with small children knows the packages
received by by people so it was really an issue and um Mr Sharif noticed that somebody else on
the block was actually renovating an enclosed porch spoke to that contractor and that's how
this idea to do this came about you can see the need for the enclosure based on the amount of
things in the property here's pictures of notice posters for today's meeting in the window
You can see here in the zoning map, the property is located in RSA 5, adjacent to some RM1s.
The property is located on Green Street between 40th and North Preston right here, and then
Spring Garden and Paprika here.
Mr. Sharif actually went around the neighborhood and took some notes as to similar porches
in the area, which I'd like to go through.
But here's the list of some of the properties that have been identified with having similar
porches. You can see that enclosures are fairly common in the area, whether they were done prior
to the current zoning code or by variance is uncertain, but they're certainly in line with
the character of the neighborhood. Let's see it yet again. And these don't even really align with
the construction characters. You know, they use vinyl as opposed to brick, which is the intention
for Mr. Sheree's property.
Here's our community notice letter.
We actually held two community meetings,
one on November 9th.
The RCA requested that we hold a subsequent meeting
on the following Thursday,
just because attendance at the original November 9th hearing
was a little low, so we did so
and held another meeting on November 16th.
Our certificates of mailing.
As stated by Chair Bergman, this is the email notifying us that the RCO did in fact approve
our request or support our request, and then I recently received the formal meeting letter
from the RCO. As you can see, it is once again supported by the RCO and mentions the November
9th and November 16th meeting dates. Hillary, do you have the letter?
um i did not receive the letter or the plans yet so um mr socklaw if you could um send those
immediately after the hearing that would be great so we can include them in the record
i apologize i did in fact respond to your email this morning again with the plans in the letter
perhaps they're just large and have not gone through yet but i do have a confirmation that
they were sent so you should be receiving them shortly if for some reason i will resend certainly
thank you okay yes and sometimes size size is an issue so i will keep checking okay thank you very
much answer could you bring on your client please and have your testimony adopted absolutely let me
just finish up with the excited packet i believe the letters of support for the last item here is
our deed and then for some reason the tax clearance system wouldn't allow me to pull neither under
Mr. Sharif, nor under Mrs. Subramanian's social security numbers, the actual tax clearance.
I'll continue working on that, but here is printed from the tax lender showing that all
taxes and property are in fact paid.
Thank you.
At this time, if I can bring on Mr. Sharif to just quickly testify.
Quickly testify.
His name is Sharif.
Yeah, Nadir, N-A-D-I-R-S.
Yep, I see him.
I will allow Nadir Sharif to speak.
Good morning, sir.
Could you please state your name and spell for the court stenographer?
Good morning.
My name is Nadir Sharif, spelled N-A-D-I-R, last name S-H-A-R-I-F.
Right.
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do swear please proceed counsel thank you uh mr have you been listening to my testimony
here today yes i have listened to it incomplete okay and do you adopt it as your own yes i do
and is there anything you'd like to add for the board to consider before they make the
determination on this variance request no i believe you have presented uh the case um as
we had discussed. I just want to reiterate that I was completely led to believe that
a permit was not required. And the contractor that was working on an existing property and
was doing a full rehab showed me around the property and others that he had worked on. So
I trusted him that he was someone with experience and knowledge. And that's what landed me in the
situation or i would have proceeded with the correct knowledge from the beginning as council
noted already understood thank you thank you mr questions from the board no mr chairman excuse me
chair there was another person pamela andrews with a handout uh well i'll wanna when i when i get to
i'll call the audience and i'll see what she wants then okay oh i'm sorry forgive me no no no no no
that's fine. I depend on you to be in Miami all the time.
Thank you. Chair, if I may, Ms. Andrews is the
head of the RCO. Okay. Well, I'll get to
her. Questions or comments from the board?
No, Chair. No, Chair. Questions or comments from our attorney, Hillary
Emerson? Not at this time, Mr. Chair. Questions or
comments from the virtual audience? Yes, Chair. I got a little confused
then no no no we're fine we're fine i'll allow pamela andrews to speak thank you
good morning could you please state your name and spell for the course stenographer
good morning pamela andrews p-a-m-e-l-a andrews a-n-d-r-e-w-s right do you swear or affirm
to tell the truth the whole truth nothing but the truth i do please proceed good morning um
My name is Pamela Andrews. I am the chair of West Pout and Saunders Park RCO. I apologize. I don't know why you didn't receive the documentation because it was sent. But I wanted to just reiterate, we did meet with the attorney and this client twice. The RCO is fully in support of this family being able to add this enclosed porch to their property.
Thank you for giving me that.
Oh, thank you for taking the time to calls.
We appreciate it.
Is there anyone else in the virtual audience?
There are no more hands, Chair.
Planning Commission.
Thank you, Chair Bergman, and good morning, David Fecto, F-E-C-T-E-A-U, with the City Planning Commission.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Please proceed.
Thank you, sir.
Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.
This porch appears to have been enclosed without the benefit of permits within the last year.
When an appellant takes an unpermitted action by building an extension to a habitable structure, the city cannot verify that the addition is safe.
Therefore, the City Planning Commission recommends the board deny the proposed variance.
Thank you.
MI 2023
4015 Green Street
I vote yes
Thomas Holloman
my vote is yes
James Snell my vote is yes
Ishmael Shahid
my vote is yes
thank you counsel
thank you very much Sharon
I'd just like to request that my exhibits
be added to the record
oh absolutely we have your exhibits
thank you
thank you very much
Number seven. MI 2023-002-764-4500 Rising Sun Avenue. Mr. Consul is the attorney. There's a letter of non-opposition from Esperanza, and there's a letter of non-opposition from Councilmember Lozada. Mr. Consul.
Joseph Consul is back in as a panelist here.
Mr. Consul, you've already been sworn. Could you just state your name for the record?
Mr. Consul, you've already been sworn. Could you just state your name for the record?
it's just
Joseph Consul.
Could you identify your clients and their relationship to this property?
Yeah, my client is Anna Rodriguez Martinez, who I believe is on the call, and her sister, Stefania Rodriguez Martinez.
Our vice chair has just a few questions, sir.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed in all the required documents
and exhibits? It is needed and required to proceed with this case five days
in advance of this hearing. Yes. Thank you. Please
proceed and share your screen. Okay.
All right. That's my packet, right?
Good morning, Joe Consul, 4500 Rising Sun
Avenue. The owners of this property are Ana and Stefania
rodriguez martinez uh similar not similar but uh on the same vein of uh building things and then
asking for permission for them here's what the property looked like prior this white fence area
in the back um was uh changed into a garage that now looks like
get you a good photo like that in the back this was done without permits my client has since
submitted the permits and the refusals related to those permits is what we are here before to
discuss um so just for uh some orientation this is the rising sun uh front of the property
and this portion of the is all zoned RSA 5. This property has a mixed zoning of RSA 5 and CMX 2.
So the front here is a previously approved two unit RSA 5 building and on the side going down
Wingahocking Street this is all zoned CMX 2. So if you look on the refusal it lists RSA 5 and CMX 2
as the zoning districts. My client is seeking to use that garage space as a space that basically
there's no vehicles that enter or exit that space at all. It is an upholstery center. So what
happens is car dealers and car rental companies bring over seats that are in disrepair and my
client rehabilitates them so the cars can continue to be rented or can be sold and you know in as a
higher quality vehicle the refusals that we have is threefold one is a use refusal because the
blended district we've got artist studios and artisan industrial is prohibited in the RSA 5
zoning district we went back and forth with um with uh licensing and they said this is not a
motor vehicle use not an auto use um but as you can see on this block this block is primarily
auto uses at least um on the front half of the block and in the back there's some other commercial
uses but there's no residential on the side of wing hawking that this garage fronts the other
uses that were, or the other refusals that were issued were the space that we're occupying,
which is a total of 87%, 87.5% of the property, whereas only 80% of the property is allowed.
And then also the fact that they ate into their backyard is the final refusal. So there's a zero
foot backyard where nine is required. Now, as discussed, the property, as it says on here,
is legal for two units in the front. And so we believe that the two units with this use in the
back, which doesn't produce, you know, it's not like a car use with where there's noxious fumes
or oils or that sort of thing. We believe that this use is appropriate, especially considering
that it's a mixed cmx2 rsa5 district we went in front of esperanza on october 17th as noted
non-opposition letter was issued and we received the same from the council person here's our proof
of mailing photos showing the front of the property
photo of the garage you can see a couple of the chairs i believe the rco had just asked that my
You can see a couple of the chairs.
I believe the RCO had just asked that my client refrain from storing anything outside of the garage, which they've complied with and agreed to, to the extent that that's a proviso, showing you the kind of work they do.
They make ripped up seats nicer for vehicles.
some more photos of the inside and then the rest of our stuff the project information form
and tax clearance certificate as well as the deed are also attached
um that's the extent of it i'm going to call my client um miss rodriguez if you could raise your
virtual hand do we see him i have an rodriguez yes you've been allowed to speak yes hi could you
hi could you state your name please a spell for the course the knocker yes it's an rodriguez is
A as an apple, N as a Nancy, N as a Nancy, E as an elephant.
Rodriguez is R-O-D-R-E-S-U-E-C.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Good morning, Anne.