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DRB 19-0392: 1201 20th Street Palau Condo PH 04 1 1 CITY OF MIAMI BEACH - DESIGN REVIEW BOARD 2 COUNCIL CHAMBERS 3 1700 CONVENTION CENTER DRIVE-MIAMI BEACH FLORIDA 4 July 2 , 2019 5 6 7 8 9 EXCERPT 10 ITEM NO: 16 11 DRB 19-0392 1201 20th Street - Palau Condominium Penthouse 04 12 13 DESIGN REVIEW BOARD MEMBERS 14 PRESENT : 15 16 James Bodnar Sam Sheldon 17 Annabel Delgado Elizabeth Camargo 18 Marsh Kriplen 19 20 21 STAFF PRESENT: 22 Nicholas Kallergis , Assistant City Attorney James Murphy , Chief of Urban Design 23 24 25 MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 2 1 * * 2 MR . MURPHY: The next file is 3 DRB19-0392 . 1201 20th Street , Palau 4 Condominium Penthouse 4 . 5 The report can be found on Page 202 6 of the submitted Staff Report -- I ' m 7 sorry , the Staff Report can be found on 8 Page 202 of the distributed agenda 9 package to the Board Members . 10 An application has been filed 11 requesting design approval for exterior 12 alterations to an existing five-story 13 building , including exterior design 14 modifications to an existing private 15 outdoor rooftop terrace , including new 16 ' decking , new shade structures , a new 17 stairwell bulkhead , new outdoor cooking 18 areas , landscaping and installation of 19 additional outdoor features , and 20 including the addition of deletion of 21 conditions found in the original Final 22 Order in order to accommodate the 23 exterior improvements mentioned above 24 to the rooftop penthouse deck , and to 25 permit outdoor cooking , and to allow MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 3 1 other penthouse owners , and the Palau 2 Sunset Harbor Condominium Association , 3 to do similar rooftop improvements , 4 subject to staff review and approval , 5 and permit outdoor cooking . 6 This item was originally approved 7 in 2012 pursuant to DRB File No . 22889 . 8 BOARD MEMBER KRIPLEN : I have a 9 quick disclosure . I had a telephone 10 conversation with the applicant about a 11 week or so ago which will , in no way , 12 affect my vote . 13 BOARD MEMBER CAMARGO : I have a 14 disclosure too . I met attorney and the 15 applicant , and I visit the rooftop unit . 16 BOARD MEMBER SHELDON : I have 17 spoken in general terms with the 18 attorney for the client . 19 MR. MURPHY: Okay . As you know , 20 Palau is a contemporary waterfront 21 residential building containing ground 22 floor retail and 50 residential units . 23 There are a total of eight penthouse 24 units with private rooftop terraces ; two 25 face 20th Street , two face Sunset Drive , MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 4 1 and four face the sunset Islands 2 waterway . 3 The subject application is the 4 largest of the eight and is situated at 5 the northeast corner roof terrace unit 6 fronting both sunset Islands Waterway 7 and 20th street . None of the four 8 penthouses facing Sunset Islands 9 waterway currently have private vertical 10 access directly from the interior of the 11 units below. Access to this subject 12 property rooftop , and the other three , 13 is currently gained through common stair 14 access and outdoor corridor that 15 currently lines the south edge of the 16 private terrace . 17 The original Palau development had 18 a contentious path to its final 19 approval . one of the more sensitive 20 aspects of the discussions between the 21 development team and the neighboring 22 residents from the sunset Islands was 23 the reduction of the overall mass height 24 and encroachment elements on the 25 line-of-sight from Sunset Islands No . 4 . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 5 1 If you look at sunset -- if you 2 look at Palau , Palau does have , in fact , 3 three rooftops ; one is the pool deck , 4 the common pool deck , the second is a 5 higher roof elevation of that fifth 6 floor along 20th Street , and then the 7 lower 5th floor element of the 8 waterfront sunset Islands facing 9 properties . 10 That ' s an important thing to note , 11 because the Code allows certain rooftop 12 encroachments to occur on top of the 13 main roof lines . 14 All of the elements contained 15 within the improvements , as part of this 16 application , are permitted by Code . No 17 variances are being sought , no 18 exceptions that are not fundamentally 19 allowed as a height exception is being 20 sought . 21 what is a primary fundamental 22 reason why this is before the Board is 23 because of that rather very specific 24 condition about any vertical or rooftop 25 improvements that expressly shown in MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 6 1 those original DRB plans cannot be 2 approved by Staff level , regardless that 3 there is a section of the Code that 4 allows for these height exceptions . 5 Those improvements have to come back 6 before the Board and subsequently that 7 condition must be stricken in order for 8 them to allow the vertical permanent 9 rooftop access elements . 10 I ' ll just finish with the notation 11 that it ' s important to note that this is 12 currently an active rooftop , meaning the 13 resident -- the owners of the penthouse 14 below, can come to the roof through that 15 common stair and go and enjoy their 16 private rooftop . 17 The proposal is not for activating 18 that which is already activated . what 19 they are seeking to do is improvements 20 in the form of the elements that I 21 identified earlier . 22 MR . LARKIN : Thank you , James . 23 Good afternoon , Mr . Chairman , Board 24 Members , staff. Michael Larkin , 200 25 South Biscayne Boulevard , here with the MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 7 1 Nahmad Family Limited , A . J . and Erica 2 Nahmad , the owners of Penthouse No . 4 ; 3 Tim Dupont , our designer ; Rudy uhlemann , 4 our landscape architect ; Darian Gersky , 5 attorney for the Palau ; and my partner , 6 Matthew Amster , who shared with you a 7 handout containing the modified 8 conditions and indication of neighbor 9 support , and a couple of other 10 documents . 11 The Nahmad family , which is A. 7 . , 12 Erica , and their two young kids , a 13 daughter five-years-old , who is here 14 to do , and a son who could not be here , 15 he is away at camp , but Palau is where 16 they decided to make their home forever . 17 In a few months that I have gotten to 18 know them , they talk about being there 19 as grandparents and receiving their 20 grandkids there one day . I applaud them 21 for being so forward-thinking , and I 22 think that ' s pretty amazing . 23 And just like most families that 24 create a home , they want a private 25 outdoor space where the kids can run MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 8 1 around and enjoy together . 2 Their unit has a completely barren 3 rooftop terrace . But properly designed , 4 their rooftop terrace can be that place , 5 like the backyard of a single family 6 home , that is prevalent , of course , in 7 the Sunset Islands 3 and 4 . 8 The Nahmad family is here before 9 you today to discuss the requested 10 modifications of two conditions to allow 11 rooftop improvements to the roof and to 12 allow outdoor cooking . 13 Modification of these conditions 14 and the improvement on the private 15 terrace will allow the Nahmad family to 16 have a private garden area to play , 17 relax and spend quality outdoor family 18 time together . 19 The Nahmads ' penthouse unit is 20 located on the northeast corner of the 21 building , just over 4 , 000 square feet in 22 size with a barren rooftop terrace 23 above . The rooftop terraces are 24 currently unused due to restrictions in 25 place as a result of the DRB Order MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 9 1 active , as James noted , but unused 2 because they are really not that 3 habitable . 4 In October , 2012 , the DRB approved 5 a Design Review for the demolition of an 6 existing structure , which was Mark ' s Dry 7 cleaning , if you all remember , and the 8 construction of a five-story mixed use 9 building . The site plan featured 10 commercial units facing Sunset Drive and 11 20th Street , with parking for the 12 building on the first floor and part of 13 the second floor . Residential units are 14 located on the upper four floors with 15 private rooftop terraces on the top 16 residential floor . 17 At the time , no rooftop features 18 were included in the plans , and the DRB 19 Order included the restriction , no 20 rooftop elements that are not explicitly 21 shown on the roof plans , and elevations 22 presented to the Board shall be approved 23 at a later date by Staff. 24 The Nahmads are seeking Design 25 Review approval from you all today for MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 10 1 modifications to the existing rooftop 2 terrace , including the addition of new 3 stairs directly for the unit below , with 4 a corresponding stair enclosure , 5 pergolas , a wood deck , artificial turf, 6 a dumbwaiter , outdoor cooking area , 7 cabinetry and planters along the 8 perimeter , along the parapet . 9 Additionally , the Nahmads and the 10 Association respectfully request 11 approval of the following modifications : 12 The condition of the DRB order to 13 allow the Nahmads , the Association , and 14 other penthouse unit owners to make 15 similar rooftop improvements , to be 16 approved at staff level , as may be 17 allowed by the Code of the City , 18 specifically deletion of condition 19 B(4) (C) in the DRB order to allow 20 rooftop improvements . 21 second , a modification of Condition 22 B(13) and B(6) in the DRB Order to 23 remove the prohibition of outdoor 24 cooking at the residential terraces and 25 the Association ' s rooftop pool deck . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 11 1 I ' m going to invite A . J . up here . 2 He is going to give you a few remarks . 3 If you want to keep track of what 4 improvements we are proposing , they are , 5 of course , part of your handout . They 6 are listed there in a document . 7 without further ado , I ' m going to 8 ask A. J . to offer some remarks to you 9 all . 10 MR. NAHMAD : Thank you , and thanks 11 for the time today . And it ' s hard to 12 follow the last owners . That was pretty 13 impressive . 14 This is very personal to us . This 15 is our home . As Michael said , we plan 16 for this to be our forever home . My 17 wife says she ' s going to die in this 18 place , so she ' s never moving again . 19 I thought it would be helpful to 20 give a little personal context . I grew 21 up in Miami . I grew up in Kendall , then 22 Coral Gables , went away to college in 23 Pennsylvania , where I met my wife almost 24 20 years ago now, which is crazy . we 25 lived in New York together for about MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 12 1 eight years , in Greenwhich village , 2 moved back down here to persue my 3 career , and today I ' m the president of a 4 large public company based down here . 5 we originally moved to the Icon 6 South Beach , rented , and got to know 7 Miami Beach a bit . My sister lives in 8 Miami Beach . I have lots of cousins , 9 and Maggie has lots of cousins that live 10 in the Beach . 11 we found -- we were actually the 12 first to find the Palau . we got the 13 first marketing material in our news -- 14 in our letter box , rather , and got the 15 first appointment with the broker , and 16 we immediately , on the site , signed the 17 subscription agreement , which was 18 mutually non-binding , I guess . 19 About a year or two later , there 20 was , like James -- Mr . Murphy suggested , 21 there was a contentious battle to get 22 the Palau built . We rode that out and 23 were patient . 24 But the reason that we loved the 25 space so much , is first of all because MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 13 1 Sunset Harbor is Sunset Harbor , and 2 thank you guys for helping make Sunset 3 Harbor what it is . I know that was a 4 big project of the City as well , and 5 it ' s fabulous . It is wherever you want 6 to be , it ' s where a lot of people want 7 to be . The building itself is 8 beautiful , and we ended up buying two 9 units , putting them together , and we 10 built it out as if it ' s our home . 11 It has a long hallway -- our 12 architect did an amazing job building 13 this thing , and it is our forever home . 14 I originally wanted a house so that 15 we could have a backyard , and do 16 barbecues , and the kids could run 17 around , and get in the pool , and so 18 forth . My wife wanted a condo because 19 it ' s safer and easier to maintain . I 20 travel for my work . So , this was an 21 amazing compromise because we have the 22 space of a home , kind of home on the 5th 23 floor of this unit , and the great 24 neighborhood , and while we have the home 25 inside , we also have the roof deck which MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 14 1 we could use as the backyard . That ' s 2 been the intent , that ' s still the 3 intent , and that ' s really what we are 4 here for today is just really to try to 5 make that dream a reality and create a 6 safe space that ' s nice , and friendly , 7 and kid friendly , that Maggie and our 8 son , Owen , can play and we can enjoy , 9 and hang out and enjoy -- it ' s a little 10 too hot today , but enjoy winters , you 11 know. That ' s it for me . 12 MR . LARKIN : Great . Thank you very 13 much , A. J . 14 I would like to have Tim Dupont 15 come up . He is our designer . He is 16 going to walk you all through the 17 drawings . 18 MR . DUPONT: Hi . My name is Tim 19 Dupont . I own Blue Design Company . 20 We ' ve been working on this for years , 21 different iterations of it . 22 Basically , as Michael mentioned , 23 there are no variance requests . We 24 stayed within the parameters of what 25 would be allowed . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 15 1 As a reference , on Page A-0 . 5 , it 2 sort of gives you a feeling of the 3 building and a feeling of the interior 4 courtyard and the landscaping as it is 5 right now. 6 And A-0 . 6 shows you the extent of 7 the roof top for the Nahmads . 8 0 . 7 is what it looks like now . And 9 you can see the other units that are 10 finished behind it , especially in the 11 upper left picture , and the landscaping 12 that they have , as well . 13 0 . 8 is a sight line taken at the 14 midpoint of the backyards across the 15 canal that shows you that the structures 16 that were are proposing fall under the 17 sight-line of anyone who could see it 18 from those backyards . 19 There happens to be a park across 20 the street . Actually the back -- there 21 is only one backyard . There is a 22 backyard , there is a park , there is a 23 bridge and there is a canal . So , that ' s 24 what faces their terrace . 25 A-1 . 1 is what we propose ; grass , a MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 16 1 wood deck , planter all the way around 2 the terrace , a little water area to the 3 upper right by those air conditioner 4 handlers . The two triangles in the back 5 are two hurricane nets so that we have 6 somewhere to store whatever they have 7 lose up there , in the event of a storm , 8 and they don ' t have to take it down . 9 To the -- in the center with the 10 skylights on the top , is a structure , 11 staircase coming from downstairs . And 12 the left of that is a pergola with 13 cabinetry , a sink , and a barbecue . 14 contextually , on coby ' s original 15 plans , A-4 . 01 , the roof that is dropped 16 on the right , the section of the 17 building dropped on the right , that is 18 their rooftop and their unit directly 19 under it , so it sits lower than the rest 20 of the building . 21 This is the full elevations of the 22 entire -- 23 CHAIRMAN BODNAR : Excuse me , how 24 much more time would you need for your 25 presentation? MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 17 1 MR . DUPONT : Three minutes . 2 CHAIRMAN BODNAR : Okay . 3 MR . DUPONT: The elevation showing 4 that everything meet Code and stays 5 within the limits . 6 These are the materials that we are 7 using ; there is an existing wood 8 porcelain tile on the walls in many 9 locations , including the terrace . There 10 is existing white stucco walls . we are 11 proposing white fiberglass planters that 12 look like the white walls . The deck is 13 wood . And the walls of the structures , 14 since these are leaving them white 15 stucco , become reclaimed teak siding , 16 and we have synthetic grass that you can 17 use as recycled plastic bottles and soy 18 as its base , so everything is very green 19 that we are putting up here . 20 we have samples if any of you would 21 like to see . 22 Same thing but in color , just 23 illustrate the point of where everything 24 is located . 25 And then these are our renderings . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 18 1 The left is the new pergola , the right 2 is the staircase bulkhead and planters . 3 what you can see behind , if you 4 look to the pergola to the left , the 5 white structure behind is the existing 6 structure of the building for the 7 penthouse that is behind it , that faces 8 the entrance to Sunset 3 . 9 And then this is just a view 10 looking back across the terrace of what 11 our landscape architect designed , and 12 then the entire thing will end up being 13 covered in Bougainvillea when it ' s done . 14 All the plants , except a couple of 15 the flowers , are native throughout the 16 project . 17 That ' s it . 18 MR . LARKIN : Thank you very much , 19 Tim . 20 Mr . Chairman , I just have two 21 points left before -- one is about the 22 character of the hearing , then our 23 neighborhood outreach . 24 You know, since the supreme Court 25 in 1992 filed this decision , something MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 19 1 called Snyder , it changed the character 2 of these hearings from legislative to 3 quasi judicial . And that elevated very 4 much the importance of the Staff 5 recommendations . 6 The staff recommendations , what 7 they do , they look at design review 8 criteria , they apply it to all the 9 applications you all consider today . 10 The staff recommendation is considered 11 substantial competent evidence . And 12 that ' s something that you all can rely 13 upon and feel comfortable in approving 14 this application . 15 our application satisfies the 16 overall majority of this Design Review 17 criteria that are set forth in the 18 recommendations that you all have today 19 in your possession . 20 There are objectors here , and they 21 are going to ask you to deny this 22 application . It is their burden to 23 show , first , that somehow James ' 24 analysis is flawed . And then second , 25 provide substantial competent evidence , MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 20 1 through expert witness testimony , not 2 lay person opinion , in order for you all 3 to rely upon to deny the application and 4 have something for a court to look at . 5 so , absent that , lay person opinion 6 is not relevant here . It is expert 7 witness testimony that forms substantial 8 competent evidence that you all must 9 rely upon . 10 But in our careful review of James ' 11 analysis , we find no flaw in it . 12 And what James and his staff did , 13 they actually visited the Palau , they 14 walked the rooftop terrace , they had a 15 very firm understanding , and as they 16 said in the staff recommendation , the 17 proposed design does not adversely 18 affect the design vision of the original 19 architecture and will not negatively 20 impact any of the surrounding 21 properties . 22 And even in an operational basis , 23 we are very careful , we are not asking 24 to remove any condition regarding the 25 elimination of outdoor speakers , that MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 21 1 remains in place . And there is another 2 condition that says no live 3 performances , of course , that remains in 4 place . We are not a commercial rooftop . 5 This will be a family backyard . Period . 6 It might be construed to be something 7 else , in several e-mails that I had the 8 benefit of seeing in the last month or 9 so , but it is not . It simply will 10 function as a private family backyard , 11 not a commercial rooftop . 12 With regards to our outreach , of 13 course we reached out to the Board of 14 the Association , we met with them , they 15 approved it . There have been mail -outs 16 to all 53 owners of the Palau , there was 17 notice given to them . 18 We reached out to Marilyn Frohlich . 19 She ' s been an active force at sunset 20 Harbor for a number of years , she lives 21 in the townhomes directly to the west of 22 us . 23 We met with Sara De Los Reys , the 24 Sunset Harbor Neighborhood Association . 25 They decided to remain neutral in all of MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 22 1 this , but we did meet with her , she had 2 no issue with the plans . 3 I reached out to Jackie Calan . 4 she ' s the President of the Islands HOA 5 3 and 4 . I ' ve known her for a long 6 time . Even before notice went out , it 7 was important for me to call her and 8 talk to her about this . I sent her a 9 link with the plans knowing that it 10 would be wildly distributed , and that 11 was okay with me . It is better to be 12 transparent and not hide anything . so , 13 Jackie distributed the plans , and we 14 asked to meet with the Association and 15 the attorney. 16 I did talk to Tucker yesterday . He 17 is the attorney representing the 18 objectors , and we had a good 19 conversation . 20 Peter Luria is a long-time resident 21 of sunset Islands 3 . He can ' t be here 22 today . we met with him , he came to our 23 property , he ' s been here often in 24 connection with applications that you 25 all consider . With your permission , MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 23 1 Mr . Chairman , I would like to read his 2 letter of support into the record if you 3 feel that we have time . If not , I can 4 just submit it . It ' s your call . 5 MR. MURPHY: I also did forward 6 that letter to the Board Members , as 7 well as forwarded the various letters of 8 opposition to the Board Members that are 9 also printed and part of the file . 10 CHAIRMAN BODNAR: Thank you , 11 Michael , for making that clear . 12 MR . LARKIN : Would you like me 13 to -- 14 CHAIRMAN BODNAR : No , I think we 15 all had the opportunity . 16 MR . LARKIN : Okay , very good . 17 CHAIRMAN BODNAR : Thank you . 18 MR . LARKIN : So , with that , 19 Mr . Chairman , I would like to reserve 20 time for rebuttal . Thank you very much . 21 CHAIRMAN BODNAR : I ' m going to open 22 it up now to the public . Anyone wishing 23 to speak please come forward . 24 MR. GIBBS : Good afternoon . My 25 name is Tucker Gibbs with Law Offices at MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 24 1 3835 Utopia Court in Coconut Grove . And 2 I ' m here today asking for you all to 3 continue this item . And I have some 4 other issues that I would like to talk 5 about . If I can have five minutes -- 6 five to six minutes to make my 7 presentation . I ' ll give it a shot . 8 Because the applicant seeks the 9 removal of -- I represent Sunset Islands 10 3 and 4 Property Owners Inc . My clients 11 have a continuing interest in the Palau 12 development , in particular the provision 13 of the DRB Development order that is at 14 issue today . 15 Because the applicant seeks the 16 removal of a condition that specifically 17 applies to all penthouse owners at 18 Palau , those affected unit owners 19 must -- should join as applicants . But 20 the only applicants here are the 21 penthouse owners and the Association . 22 And the record shows no resolution of 23 the Association that authorizes it to be 24 an appellant -- an applicant , excuse me , 25 nor is there any document giving the MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 25 1 authority to the applicant to represent 2 each of the penthouse owners in this 3 application . 4 Approval of this application would 5 allow one unit owner to seek deletion of 6 a condition on an Order that directly 7 applies to owners who are not applicants 8 and who may not want the changes . And 9 this matter should be continued until 10 the penthouse owners are included as 11 co-applicants . 12 In addition , Condition 4 (B) (C) , 13 which is the issue here today , is based 14 on the Planning Board ' s conditional use 15 Approval of the Palau project . The 16 Planning Board ' s condition states that 17 the applicant shall work with the Design 18 Review staff to further modify the Palau 19 Development Proposal to address , among 20 other things , reducing the encroachment 21 on the line-of-sight from Sunset Islands 22 4 , and that ' s condition 5 (A) of the 23 order of the Planning Board for the 24 conditional use . 25 The Planning Board also retains MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 26 1 jurisdiction to modify the conditional 2 use approval . 3 The Design Review Board Staff , in 4 response to the Planning Board ' s 5 condition , worked with the developer to 6 revise the plans to reduce the 7 encroachment line-of-sight from sunset 8 Islands 4 . The DRB staff Report on 9 October 2 , 2012 , specifically went 10 through this issue and discussed it in 11 the context of the issues relating to 12 sunset Islands 4 and their sight line . 13 And the Design Review Board approved the 14 plans and imposed the condition that is 15 being sought to be rejected today . And 16 it reflects this implementation of the 17 Planning Board condition . 18 The applicant ' s request to delete 19 the condition in its entirety , in it ' s 20 entirety , renders the Planning Board ' s 21 condition meaningless . The Planning 22 Board -- quite simply , deletion of this 23 condition by the DRB is contrary to 24 Section 5 (E) of the conditional use 25 Approval , and the applicant has failed MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 27 1 to obtain Planning Board approval to 2 remove Condition 5 (E) , which is a 3 condition precedent to the Design Review 4 Board removal of its condition that it 5 protect the line-of-sight of sunset 4 6 homeowners , which was part of the 7 Planning process -- part of the Planning 8 Board ' s decision for the conditional 9 use . 10 For this reason , also , this plan 11 should be continued until the Planning 12 Board addresses this matter and removes 13 its condition . 14 If the Design Review Board chooses 15 to hear this item , a look at the staff 16 Report shows no factual basis for its 17 opinion . And that ' s really important 18 because -- because Michael discussed 19 snyder , and the staff Report is not 20 competent substantial evidence under 21 snyder , it is not fact-based . So , look 22 at that report . It shows no factual 23 basis for its opinion that the 24 elimination of the sole condition that 25 addresses a protection of the MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 28 1 line-of-sight from sunset 4 Homeowners , 2 , will not negatively impact those 3 homeowners line-of-sight . Everything is 4 being deleted that protects that . 5 The report does not explain how the 6 elimination of this condition ' s 7 protection , quote , provides an efficient 8 arrangement of land uses when paying 9 particular attention to the surrounding 10 neighborhood and sight lines , as 11 required in criteria No . 7 of your 12 review criteria , nor does it explain how 13 these rooftops -- allowing these rooftop 14 structures and other elements would , 15 through the removal of the protection of 16 section B 4 (c) meet the criteria 6 , 17 which requires a sensitivity to and 18 compatibility with the environment and 19 adjacent structures , given the Planning 20 Board ' s directive . 21 This is the only explanation Staff 22 gives for the complete -- complete 23 removal of the DRB protections and the 24 line-of-sight , that they understand and 25 they ' re sensitive to it . But as MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 29 1 building and neighborhoods evolve , staff 2 is open to new proposals and revisions 3 for the redesign of this project . This 4 project was approved in 2012 . The 5 question is , what happened? There are 6 no facts that supports the assertion 7 that there has been any changes that 8 warrant this removal of an important 9 protection , nor is there any facts 10 showing that the removal of the 11 condition will not negatively impact 12 surrounding properties . Removing this 13 provision allows encroachments into the 14 line-of-sight , contrary to criteria 7 , 15 and the Planning Board order . 16 The bottom line here is , I ' m just 17 finishing -- the bottom line here is the 18 applicant bought the property knowing 19 its limitations and paid a price based 20 on the value of the property with those 21 limitations . 22 The applicant now seeks to expand 23 its use of the property and allow 24 unlimited encroachments into the 25 line-of-sight by completely MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 30 1 eliminating -- completely eliminating 2 that important protection granted by the 3 DRB and the Planning Board to Sunset 4 Islands 4 Homeowners . 5 We urge you to confirm the promise 6 made to the neighborhood by the DRB in 7 2012 by implementing the Planning 8 Board ' s request to produce encroachments 9 in the line-of-sight of Sunset 4 , and 10 deny this application . 11 I would like to place into the 12 record the basis of my presentation , 13 which are the Planning Board ' s -- the 14 recommendation of the Planning 15 Department , the Planning Board ' s Order , 16 the DRB recommendation from all these -- 17 from 2012 , and the DRB Order from 2012 , 18 plus a presentation that was made to 19 this Board in 2012 regarding sight 20 lines . 21 CHAIRMAN BODNAR : Thank you . 22 BOARD MEMBER KRIPLEN : I have a 23 question . Concretely , sight lines , what 24 is the issue? 25 MR . GIBBS : The issue is being MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 31 1 able -- the issue , and Mr . Bienstock is 2 going to speak to it , is the concern of 3 the Association that this big structure , 4 and I know Mr . Murphy spoke about the 5 massing , and the height , all of that was 6 very important , and it came down to the 7 use of the rooftops and what would be on 8 those rooftops , how close to the 9 waterway those activities would be . And 10 the result , as a compromise , with the 11 developer , and brought before this Board 12 for approval , which this Board approved , 13 those issues came to protect the people 14 who live on Sunset Islands 4 . 15 BOARD MEMBER KRIPLEN : I understand 16 that , and you went through that in your 17 presentation , but specifically when you 18 say sight line , you mean that the people 19 in Sunset Islands 4 have to look at this 20 roof deck , that is what you ' re saying 21 concretely . 22 MR . GIBBS : Be impacted by it -- 23 BOARD MEMBER KRIPLEN : Having to 24 look at it . 25 MR . GIBBS : okay , have to look at MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 32 1 and listen to it , and see it . And see 2 it at night , the lighting and everything 3 else at night . 4 BOARD MEMBER KRIPLEN : Okay . 5 CHAIRMAN BODNAR : Three minutes? 6 MR. BIENSTOCK : I ' m speaking on 7 behalf of the Association . I would 8 appreciate five minutes . 9 CHAIRMAN BODNAR : Okay . 10 MR . BIENSTOCK : Terry Bienstock , 11 2312 Bay Avenue , Sunset Islands 3 . I ' m 12 also Vice President of the Sunset 13 Islands 3 and 4 Association . 14 I was President of the Association 15 during the entire Palau project , over a 16 decade , both from the inception through 17 the permitting and construction of 18 Palau , and through the transition to a 19 condo association and through the 20 Nahmads ' transition of buying an 21 apartment and actually reaching out to 22 me a few years ago to make some of these 23 changes . 24 So , let me back up because it ' s 25 important for you all to understand who MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 33 1 we are and why we here . we are not 2 meanies . We are not trying to ruin 3 somebody ' s backyard . This is not their 4 backyard . This was a roof deck that had 5 severe restrictions placed upon it as a 6 deal with the developer by our 7 homeowners , 120 homeowners , to make sure 8 that this did not become party central , 9 that these desks would not be used in a 10 way -- and would not be visually seen in 11 a way that would impact . 12 Now, remember what Palau was . 13 Before Palau there was Mark ' s Cleaners 14 there . It was a one-story building . 15 There was no stories . We had the sunset 16 townhouses that were two stories , and 17 five stories on the street side , but on 18 the bay side it was only townhouses . 19 The transition between single 20 family home neighborhood and a 21 condominium development and mixed use 22 neighborhood is a complex one that the 23 city has had to deal with many times . 24 Palau is one of the first times we had a 25 direct relationship where you were MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 34 1 literally building a five-story 2 condominium building right across the 3 street from single family homes , with 4 views from their back -- from their 5 balconies into the backyards of these 6 single family homes . 7 so , needless to say it became very 8 contentious in 2011/2012 . The owners of 9 the sunset Islands were up in arms 10 because we had fought successfully with 11 the sunset townhouses , 20 years earlier , 12 those were supposed to be two towers , 13 and we negotiated a resolution with them 14 where they built townhouses instead that 15 were low impact on the water . 16 So , we put together a team , our 17 residents included some of the leading 18 developers and architects in the 19 country , not just in the area , but in 20 the country , people like shad Oppenheim , 21 and Scott Robins , coby Carp was the 22 architect , he lived on our island . He 23 was the architect for Palau . This was a 24 very cordial , productive relationship 25 where we sat with them and said , look , MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 35 1 we wants you to redevelop this project , 2 we want you to build Palau , we just want 3 a more of a transition so people aren ' t 4 looking into backyards , and there is not 5 going to be a lot of noise , and odors , 6 and , you know, visual pollution . 7 Build townhouses on the water , and 8 then you build your five-stories on the 9 street . And they said no , no , no . 10 How about if we build four-stories 11 on the water , and instead of townhouses 12 and five-stories on the street . 13 And we said , no , how about if you 14 build three-stories on the water and 15 then step them back -- the bottom line , 16 we went back and forth , and back and 17 forth over a period of years , while we 18 were going to the Planning Boards , and 19 the DRB , and the Commission , and back 20 and forth on the various things , until 21 we negotiated a resolution , supported by 22 Staff. what ' s incredible to us is that 23 after having spent $100 , 000 fighting 24 this in 2011/2012 , we are here having 25 to do this all over again , as if it MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 36 1 didn ' t happen . 2 We reached a settlement . The 3 building was built according to that 4 settlement . There was a process in the 5 settlement . If anyone had a problem 6 with it and they wanted to change 7 anything , they had an obligation to come 8 to us first , not after , first . They had 9 an obligation to come to our Association 10 and seek modifications , and we could say 11 yes or no . 12 In fact , this owner came to us 13 first , a few years ago , about doing -- 14 making changes to the roof deck . And we 15 said , "Have you gotten Palau ' s 16 approval ?" This is still when it was 17 owned by Palau . "Have you gotten 18 Palau ' s approval , because that is 19 required under the Agreement , " and they 20 came back and -- never came back to us . 21 And my understanding is that Palau 22 turned them down . 23 so , this is not folks who , gee , we 24 are shocked we surprised , this has 25 nothing to do with the Nahmads , I ' m sure MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 37 1 they are lovely , lovely people , I know 2 that is why there is only one resident , 3 out of 140 homes , that you have seen the 4 support for their application , and 5 that ' s because what he told me is he 6 apologized with me and said , "They are 7 my friends , I have to support them , " 8 even though he was leading the 9 opposition to Palau with me . He was on 10 the Board and leading the opposition . 11 And I get it. 12 But it ' s not about the Nahmads . 13 Everything you approve today is time 14 six . Every structure you see that they 15 are proposing is times six , because it 16 means every other homeowner can do the 17 exact same thing , and all of a sudden , 18 and you have -- so I have photos I want 19 to hand out -- 20 CHAIRMAN BODNAR : Do you need 21 additional time? 22 MR. BIENSTOCK : Yes , if I could , a 23 couple of more minutes . 24 CHAIRMAN BODNAR : Do you want to 25 keep it to two? MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 38 1 MR. BIENSTOCK : I ' m going to do my 2 best . I have a few things I have to get 3 through . we are representing -- instead 4 of having 120 people here , I have a 5 Petition with almost 80 signatures from 6 our homeowners opposing . Not one , 80 . 7 I have a Resolution of our Board that 8 was unanimous opposing this application , 9 I ' m handing it up to you . And when the 10 city said , "Your contract with Palau , 11 that ' s between you and the Association , 12 the Condo Association , the Nahmads , that 13 has nothing to do with the city , " we 14 filed suit last week against the Condo 15 Association , and Palau to enforce the 16 settlement Agreement and to ask for 17 Injunctive Relief that they cannot do 18 what they are asking to do today . 19 we believe that it should be -- 20 this should be summarily denied because 21 it changes the fundamental agreement 22 between the parties that allowed this 23 building to be built . Absent this 24 Agreement , this building would not have 25 been built . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 39 1 And now they are coming in a few 2 years later , where the Agreement worked , 3 it got built , it got sold out one week , 4 everyone who bought knew what they were 5 buying , and the restrictions of what 6 they were buying , and the same problems 7 arise today and they arose in 2012 . 8 For the people , and some of them 9 are here and are going to speak , people 10 who live across the canal do not want 11 this . And I don ' t mean some of the 12 people , I mean all of the people , 13 because they have all signed the 14 petition and they are all opposed to it . 15 You have to take into account , as 16 one of the criteria , how this will 17 impact the neighborhood and the 18 neighbors . And we went through this in 19 2012 , and staff agreed with us , that 20 this was impactful to the neighborhood , 21 and supported , reducing the height of 22 the building along the canal , and along 23 Sunset Drive , and this would literally 24 undo everything we accomplished in 2012 . 25 And we ask that it not be done , MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 40 1 that the -- what they have described to 2 be built is nothing short of just 3 another story , the fifth story that we 4 got taken out is now coming back with a 5 vengeance . And now during the day 6 having , you know , parties there and 7 people there , and at nighttime with 8 lights , it is just not what we signed up 9 for and it shouldn ' t be allowed . 10 Some of our residents want to come 11 and speak . Thank you . 12 CHAIRMAN BODNAR : Thank you . 13 MR. LEHR : Francis Lehr . I live on 14 Sunset Islands 4 for 15 years , 1460 West 15 21st Street , the sixth house in on the 16 canal . 17 I was not involved in -- I have 18 lived there for 15 years . I did not get 19 involved in the contentious 2011/2012 20 designing , but I knew it was going on . 21 I was happy with the end product . 22 I can see it very well from my master 23 bedroom , from the living room of my 24 home . I can see the northwest corner , 25 the northwest penthouse , not the MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 41 1 Nahmads ' penthouse . And I can very well 2 see that -- it must be the common 3 stairway that comes up . And the reason 4 I ' m here to object to it today is that 5 you will have -- you do have all those 6 different penthouses , and they are in 7 the line-of-sight . And what ' s so 8 beautiful about it right now is it ' s 9 very clean and uniform , and you really 10 do see it from the home , and I do think 11 it was well thought out by the city of 12 Miami Beach , and the developer , in 13 conjunction with , you know, the Board of 14 Sunset 3 and 4 . It ' s a transitional 15 location between the commercial district 16 of sunset Harbor and Lower North Bay 17 Road and the sunset Islands , and so 18 really some of this taller structures on 19 the building do face the commercial 20 neighborhood . And on the more 21 residential side , the sunset Islands and 22 the North Bay Road , they don ' t -- your 23 line-of-sight is more protected . And I 24 think about it now , especially since 25 this has come up , I can see it from my MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 42 1 bedroom , and I do think it ' s a beautiful 2 building . I think it ' s a great addition 3 to the neighborhood . 4 My concern , and the reason for my 5 objection today , is that in the 6 line-of-sight , there will be -- there 7 could potentially be everybody in the 8 penthouse will have a new stairway 9 coming out of their apartment somehow, 10 and different -- everybody has different 11 tastes , so , what ' s a beautiful pergola 12 to one guy might not -- the next door 13 neighbor might have a different notion . 14 so , instead of being uniform , and 15 beautiful , and modern , really what they 16 ended up with was a big success , you 17 know, I think it ' s a great part of 18 sunset Harbor , it ' s going to be not 19 uniform and potentially cluttered , and 20 we just don ' t know. And , so , that ' s why 21 I ' m here to object today . Thank you . 22 CHAIRMAN BODNAR : Okay . Thank you . 23 Anyone else? Please come forward . 24 MS . TOBIN : Hi . My name is Teresa 25 Tobin , 120 Street , Apartment 208 . I do MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 43 1 not have a penthouse at Palau , sadly . 2 I would like as much time as 3 Mr . Bienstock had . 4 sadly , some of our residents at 5 Palau were not aware of everything that 6 was going on for A. J . , and Erica , and 7 their lovely children , otherwise I ' m 8 sure we would have a house full of 9 people . 10 I took time out of my day , recently 11 married , and sat here all afternoon 12 because this is important to us . Not 13 just because it ' s A. J . , his wife and 14 lovely children , but because it matters . 15 You know, I moved to Palau because 16 of all of the effort that Mr . Bienstock , 17 you know, made . The grassroots effort 18 that sold the building out in one week . 19 Your decisions , okay , made that amazing 20 building and made that one week sell out 21 possible . why wouldn ' t you want to live 22 in that building? It ' s small , it ' s 23 boutique , it is beautiful , absolutely 24 beautiful . It ' s the reason why I moved 25 there , it ' s the reason why I live there , MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 44 1 and it ' s the reason why people like 2 A. J . , and Erica , who have , you know , the 3 benefit of living anywhere else , chose 4 that as their primary residence , 5 absolutely . 6 And I can ' t thank Mr . Bienstock and 7 the residents of sunset Islands 3 and 4 , 8 and anybody who , you know , put forth 9 that amazing effort to block the 10 developer and make sure that , you know , 11 whatever had to happen to make that 12 boutique building unique , you know , did 13 so . 14 And , for the record , I ' m an owner ' s 15 rep and I do this for a living , and I 16 never imagined I would say those words . 17 But , you know , I chose that 18 building because there is a handful of 19 units . And I was one of the first 20 people to live in that building . And I 21 know everybody . I talk to everyone . 22 I ' m originally from the Midwest , I ' ll 23 talk to a wall . 24 And I know my neighbors , and I know 25 the Board , and I can tell you that we MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 45 1 have very strict guidelines in that 2 building . And I think that what worked 3 really well to protect everyone , back 4 then , did a very effective job . 5 Now, you know, I heard 6 Mr . Bienstock say that , you know, there 7 is an obligation for the DRB and for 8 everybody to go back to them and say , 9 "Hey , we need to change things up . " I 10 disagree . Because you know what , what 11 worked in 2011 and 2012 is no longer 12 relevant today . 13 I believe , okay , that sight 14 lines -- 15 CHAIRMAN BODNAR : Do you need more 16 time? 17 MS . TOBIN : I do , please . 18 CHAIRMAN BODNAR : One minute . 19 MS . TOBIN : I need at least seven 20 more minutes , please . 21 CHAIRMAN BODNAR : I ' m sorry , but -- 22 MS . TOBIN : Five more minutes , 23 please . 24 CHAIRMAN BODNAR : How about three? 25 We ' ll see if you can get -- MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 46 1 Ms . TOBIN : I will do my best . 2 Thank you . 3 I believe that what is being 4 proposed for the penthouses , or for the 5 penthouse , okay , or at least what is 6 being presented for A. J . , okay , with 7 everything being setback closer to the 8 center , I believe what is being proposed 9 is no more of a nuisance than just the 10 decks that are in back , the balconies 11 that exist today . 12 I believe that kayakers passing by , 13 and boats , I believe that the neighbors 14 next door to , you know , the single 15 family homes , are more of a nuisance 16 than any of the penthouse unit owners 17 will ever be , just acoustically , having 18 done a million acoustic tests in the 19 past for other residents , and knowing 20 our building . 21 so , I believe that delaying this 22 application for another hearing is a 23 waste of taxpayer dollars . I think it ' s 24 a waste of time . I think it ' s -- it ' s a 25 big mistake because you guys already MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 47 1 achieved what you were set out to do 2 back in 2011 and 2012 . That is no 3 longer relevant . 4 Further , as far as sight lines are 5 concerned , if the concern is what -- an 6 inconsistency , okay, in what ' s being 7 designed , then just stipulate that , you 8 know. It is something that I believe 9 can easily be achieved through our condo 10 Association . 11 And if you want what A . J . is 12 proposing to set a precedent for other 13 penthouse unit owners , then make that as 14 such , don ' t let that delay what you are 15 doing here today . 16 so , Mr . Bienstock , and all of you 17 guys , what you have done , thank you , you 18 have created an amazing place for me to 19 live in , for people like A. J . and the 20 rest of us at Palau to live in . 21 I have a 24-year-old disabled son , 22 and I chose that building because there 23 is only , like , 38 residents who live 24 there . I don ' t want to live in a 25 highrise , like the 1800 , 1900 building . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 48 1 And guess what , there is no where else 2 on the Beach that I can live . 3 so , to all of you Board Members , I 4 hope you will accept their application . 5 I hope that you will approve it without 6 delay. There is no reason to delay this 7 application , and I speak on behalf of, 8 you know, the rest of our neighbors who 9 didn ' t know this was happening today . 10 So , I urge you to please approve 11 this application . 12 CHAIRMAN BODNAR : Thank you . 13 Anyone else wishing to speak? 14 MR . MORBER : Good afternoon , 15 Mr . chairman. My name is Andrew Morber , 16 and I ' ve been a resident of sunset 17 Islands 3 , same home , since 1983 , a 18 resident of Miami Beach before that , 19 former Deputy City Attorney . 20 So , when Mr . Larkin talks about 21 experts and zoning , I lived it quite a 22 bit here . I have testified in court on 23 zoning issues , et cetera , although I no 24 longer practice . 25 So , first thing I think you need to MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 009S-£L£ (SO£) • DNI ' S2131210d321 12IflOJ AINflOD 30Va-IWVIW s Lqa. op o. a Lq Lssodw L s . 14 pup ' a LogM SZ u L lou ' 1Jed u L ' LLE 10 sJ LJ. ' JapJO 17Z UP SEM Jpga 6uLglawos /o uopPDLJ. Lpow £Z Jol asp puP )1pEq awoo 11uPo noA ' sL ZZ 6uLUoz 40 aLnJ LpJaua6 aqi puv • 6uLuoz TZ 4o a LnJ Lp.aaua6 aqa ap )Ioo L O . paau OZ noA luLga I ' sL 6uLgJ puooas `MON 61 • . A110 aqa lo sa.uawaJ LnbaJ gT aJnsoLosLp alp aaaw lou scop asnpoaq LT an La.oaJap puP ua Lo LJ.Jau L s L uo pPo L Lddp 91 aqa. ' 1.oadsaJ aPgi u L ' os ST a L pu Lgaq d LgsJauMo aqa 4o saJnso Los Lp VT OU qa. LM ' suo La.LJodJoD £T paa Lw L-1 aJ 2 qo LqM 4o LpJanas ' SJDUMO ZT 1LUn sasLL ALdWLs uoLaEDLLdd2 sLg1. TT . s6uldia pauMo Aagf OT LL ' aJP su2Lssnb pip oqM Maul O . paluEM 6 am Maul BM ' a LoAo LED LH L Lod asp L aqf g u L paa.uanu L aJaM suE Lssnli aJo4aq UAB L ssan6 I • uoppJodJoo alp puLgaq aLdoad g aqa. a.s L L O . 106 aAPL1 noA ' uo pPJodJoo P axe SJaUMO aqa. 41 • SJOUMO aqa j7 a.s L L O . ao6 anpq noA APs Aag1. • O Li Loads AJan aJP swJo4 uo La.po L Lddp JnoA ' MOU)I noA • uo La.po L Lddp aqa. s L ap )Ioo L T 61 50 1 one in part because the building is 2 built already , but the change of 3 circumstance -- there has got to be a 4 change of circumstances . 5 Now, what ' s the change of 6 circumstances here? Building was 7 permitted , or approved , by this Board in 8 2012 . I did a little research last 9 night . I learned that man learned to 10 cook with fire some time between 200 and 11 400 , 000 years ago . so , I don ' t 12 understand what the change of 13 circumstances is . 14 Sunset Harbor , the sunset Harbor 15 Townhouses , were built before 2012 . The 16 various things across the street , all 17 built before . There is no change of 18 circumstances . The change of 19 circumstances is that this particular 20 owner would like something . I 21 understand he would like that . But , 22 that , in and of itself , is not a valid 23 change . 24 Now, last thing , if you look at the 25 zoning Analysis , when they talk about MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 51 1 this building , they show the allowable 2 floor area ratio is 109 -- 109 , 530 3 square feet existing as 108 , 994 square 4 feet , or 536 feet under the allowed . It 5 could be argued that ' s the pergolas and 6 all that add 500 feet , not the 106 feet 7 that the applicant ' s math shows . 8 Do that times seven or eight , you 9 have now gone well beyond the permitted 10 floor area ratio of this building . 11 That ' s a variance . A variance requires 12 a unique and peculiar hardship . As much 13 as I love grilling myself , inability to 14 grill is not a hardship . 15 Therefore , I hope you will deny 16 this application , and respect the 17 Agreement that the applicant ' s 18 predecessor in fact made by accepting 19 the DRB order and building the building . 20 Thank you . 21 CHAIRMAN BODNAR : Thank you . 22 Anyone else wish to speak? 23 MR. MUSKCAD : Hi . Thank you for 24 having me . My name is Michael Muskcad , 25 and I respectfully request that you MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 52 1 don ' t approve this application . 2 This will negatively impact and 3 affects me , more than anyone you have 4 heard here today . why? Because it is 5 my home that is directly behind Palau . 6 1420 west 21st Street . 7 So , everything you have heard from 8 everybody that is against this approval , 9 I ' m probably the main person you should 10 listen to . 11 I , and my family , have owned and 12 own homes and businesses in Miami Beach 13 for over a decade . My family ' s Sunset 14 Island home was built and has been 15 around way before Palau was developed . 16 I respectfully request you don ' t 17 approve this application , or that you 18 continue it , of making a decision , for 19 the following reasons that negatively 20 impact me : 21 1 . Line-of-sight . My home ' s 22 backyard directly looks at Palau . And 23 in 2012 , there were many , many meetings 24 with the developer , and an Agreement was 25 made as to the line-of-sight , as to how MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 53 1 the rooftops will be used , and what 2 would be allowed . 3 In fact, an Agreement was made with 4 the developer and with our Association . 5 Noise . There is a canal right 6 behind my home between me and Palau . 7 And as you all know, if you have been 8 boating , sound travels quickly and 9 easily above water . And at that height , 10 towering down at my home , I ' ll hear 11 everything . 12 There is a reason the developer 13 didn ' t originally put stairs in each 14 unit . There is a reason the developer 15 originally didn ' t put structures on the 16 rooftops of these penthouses . And you 17 know that reason . It was an Agreement 18 made with our Association . 19 But today they are trying to break 20 that deal . In fact , our Association 21 filed a suit against Palau last week , 22 which is another reason that the Board 23 should consider waiting and hearing what 24 happens with that case before making a 25 decision . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 54 1 In closing , I ' m sure that the 2 Nahmad family is nice . So is my family . 3 I ' m married , I have kids too . However , 4 we don ' t know the other penthouse owners 5 if they ' re married , and they have kids , 6 or , if they are not nice , if they are 7 single party animals , because the Nahmad 8 family is not coming here just for their 9 rooftop . This is for all the rooftops . 10 In closing , and finishing now, 11 everyone who bought at Palau knew this 12 when they purchased their units . They 13 were aware of it . It ' s not a surprise 14 to them . It is now that they are trying 15 and wanting to make this change . 16 I respectfully request you wait to 17 make this decision , or that you don ' t 18 approve it . Thank you for your time . 19 CHAIRMAN BODNAR : Thank you very 20 much . Anyone else? 21 MR . GERSKY: Good afternoon . My 22 name is Darren Gersky . I serve as 23 General Counsel to the Palau condominium 24 Association . 25 I just want to clarify a couple of MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 55 1 comments made and give you an 2 explanation as to the Association ' s 3 position with respect to the 4 application . 5 So everybody is aware here , and I 6 think Tucker may have mentioned this 7 earlier in the presentation , the 8 Association had a duly noticed Board 9 Meeting and approved , by a majority of 10 the Board of Directors , to join in on 11 the application to assign . so , the 12 Association did operate with proper 13 protocol . The signature of the 14 Treasurer on the application , Ben 15 London , was done in accordance with 16 Florida Law , and it should be accepted . 17 with respect to the signing of the 18 application , putting aside whatever the 19 lawsuit that Sunset Harbor 3 and 4 may 20 have initiated , while we believe there 21 are significant flaws with respect to 22 that lawsuit , we don ' t believe that that 23 lawsuit should be utilized to some sort 24 of threat , or delay dilatory tactic with 25 respect to your rule to proceed in MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 56 1 passing of this -- or proceeding with 2 the approval of the application . 3 And just so you ' re further aware , 4 we haven ' t even yet been served with 5 such a lawsuit , although we are aware of 6 it , we haven ' t been served with it , so 7 we don ' t know if that is just more of 8 the dilatory tactics with respect to 9 this particular proceeding . 10 But the Association supports it 11 and , obviously , there would be aspects 12 to whatever ultimately , if the 13 application is approved , the Association 14 has separate obligations on their end 15 with respect to its governing documents . 16 One last point . I think there is 17 some further maybe confusion with 18 respect to Sunset 3 and 4 ' s position 19 with this particular application . The 20 outdoor cooking component to it , the 21 Association desires for all its unit 22 owners , and interestingly enough , all 23 the unit owners look across the water 24 and see the Sunset Islands people 25 cooking , so it is , say , sort of MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 57 1 confusing as to why there would be any 2 sort of objection related to that 3 component of the application . 4 That ' s it . Thank you very much for 5 your consideration . 6 CHAIRMAN BODNAR : Thank you . 7 Michael , is there anyone else that 8 wants to speak before your rebuttal ? 9 I see no one . so , how long would 10 you like? 11 MR . LARKIN : Let ' s start with five 12 minutes . 13 CHAIRMAN BODNAR : okay . Try to do 14 five . 15 MR. LARKIN : So , just different 16 points on rebuttal , Mr . Chairman , Board 17 Members . 18 With regards to line-of-sight 19 drawing , it is clearly in your 20 architectural drawing packet . we used 21 the same one from 2012 DRB approval . 22 The only thing visible from the 23 line-of-sight , and just to be clear 24 about what light-of-sight means , it 25 emanates from the rear yard of the homes MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 58 1 on the north side of the canal , and then 2 it goes angle going back towards the 3 Palau . The only thing visible are the 4 plantings in the planters . 5 Now, we have the ability to push 6 back the planters themselves three feet 7 from the parapet , but it is also 8 important to note that the parapet 9 itself is setback eight feet already 10 from the edge of the roof . so , we could 11 setback the planters even more . That 12 would be over 11 feet from the edge of 13 the roof, and we are happy to do that , 14 if that resolves this particular issue . 15 Just as a starting point , the only 16 thing visible in the line-of-sight are 17 the plantings and the planters . 18 Everything else , all the taller 19 elements , are pushed back to the south 20 side of the rooftop terrace and not 21 visible at all in the line-of-sight . 22 A remark was made that we are right 23 next door to the single family homes . 24 That is not correct . There is a 25 120-foot wide canal , along with the rear MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 59 1 yards between us and the single family 2 homes on the north side of the canal . 3 With regards to the Nahmads ' 4 particular configuration , you have one 5 single family home , then you have a pump 6 station , and then you have a park , and 7 then you have a bridge . Those are our 8 neighbors collectively . 9 we do have support , more than just 10 Mr . Luria . There has been eight that 11 signed a support petition that has been 12 given to James . There was a comment 13 made , there are six penthouse units 14 facing north , there are four . 15 There are multiple references to an 16 Agreement . well , first , we don ' t 17 believe this Agreement is relevant to 18 this proceeding . 19 second , we believe that the 20 Agreement is actually no longer valid . 21 It had a finite life in between the time 22 that they were litigating and the time 23 that the TCO issued . Other than that , 24 we believe the Agreement is no longer 25 valid . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 60 1 As an alternative position , even if 2 you assume the Agreement is valid , we do 3 not believe we violate the Agreement . 4 But that ' s all that I really want to say 5 about it because as has been mentioned , 6 a lawsuit has been filed , based upon our 7 alleged violation of the Agreement , and 8 I ' m confident the trial court will sort 9 that out . But it ' s not relevant today 10 to this proceeding . 11 With regard to the last comment 12 made by Mr . Bienstock where he went into 13 a little bit of an exaggeration mode 14 saying parties , people and lights . 15 You know, bear in mind that the 16 Nahmads are not party people . And the 17 very idea that somehow owners of 18 multi -family units are somehow less 19 responsible in their conduct than owners 20 in single family homes is simply 21 ridiculous . They are going to be in the 22 same level of conduct . And if you look 23 at the noise handout that Mr . Amster 24 passed out to you all , the conditions in 25 the DRB Order remain in place . There MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 61 1 will never be outdoor speakers here , 2 there are no live performances . The 3 city has very strict regulations 4 regarding noise . After 11: 00 p . m . you 5 cannot make any noise that is plainly 6 audible , which means conversations more 7 than 100 feet from your property . The 8 condo docs themselves prohibit any type 9 of nuisance . So , if anything was going 10 on in the rooftop , the condominium 11 Association would take action first to 12 protect the peace and quiet of its 13 residents before anything else . 14 Mr . Lehr talked about different 15 color pergolas , but of course the 16 pergolas will be outside the 17 line-of-sight . You won ' t be able to see 18 any of the pergolas because they are 19 recessed for the south part of the 20 rooftop terrace . 21 Again , there was -- the last 22 speaker made an elusion to party 23 animals . You know , lighting can be down 24 lit . They are simply the concerns that 25 they are voicing to you all will not be MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 62 1 realized by these modifications . 2 In summary , the objectors did not 3 meet their burden . They did not show 4 that James ' analysis was flawed . They 5 did not introduce any expert testimony 6 to serve as substantial competent 7 evidence for you all to depend upon to 8 deny this application . 9 We , again , respectfully request 10 that you approve this application . 11 The last thing I want to do is 12 invite Tim up here to walk you all 13 through the line-of-sight drawing just 14 to be clear , because I can tell you , but 15 it ' s also easier if you see it , as well . 16 MR . DUPONT : Could I have this back 17 up? 18 This is the line-of-sight drawing 19 from the mid point of someone ' s 20 backyard , approximately 160 feet from 21 the edge of the building . And as you 22 can see , the only visible thing are the 23 plantings and the planters . 24 The pergola and the stair structure 25 are pulled all the way to the right , on MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 63 1 purpose , so that they would be out of 2 the line-of-sight . 3 If we , as was noted earlier , pulled 4 back the planters another three feet , 5 you would not see the planter at all . 6 However , the planter is white stucco , 7 just like the building , so it will just 8 look like another element of the 9 building . And we are more than happy to 10 pull that back three feet and wrap it 11 with wood . So , it clearly shows that 12 you can ' t -- you can ' t see anything . 13 As a matter of fact , we ' ve gone 14 over to the park , several times , across 15 the way and looked up to see , and you 16 can barely see the neighbor behind it , 17 which is several feet higher . 18 CHAIRMAN BODNAR : Okay . 19 MR . LARKIN : Thank you , Tim . 20 That ' s all , Mr . Chairman . 21 CHAIRMAN BODNAR : Thank you very 22 much . I ' m going to close the public 23 portion of this hearing and turn it over 24 for the Board to comment . 25 BOARD MEMBER KRIPLEN : I have a MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 64 1 question for the POA. I just read the 2 Settlement Agreement . where in the 3 settlement Agreement is Palau bound with 4 respect to subsequent projects? 5 MR . LARKIN : It ' s not . 6 BOARD MEMBER KRIPLEN : That ' s what 7 I thought . 8 MR . LARKIN : That ' s the way it was 9 written , perhaps wrongfully , but that ' s 10 the way it was written . 11 BOARD MEMBER KRIPLEN : I support 12 this application . I don ' t see a 13 hardship across the canal to having to , 14 you know, this sort of line-of-sight is 15 being -- that phrase is being used , but 16 concretely we are talking about they are 17 going to have to look at a roof deck 18 with plants . I actually think it ' s an 19 improvement over -- right now you 20 have -- I don ' t know if this is for A/C 21 or elevator , you have these boxes on top 22 of the building . 23 As for noise , you know , we already 24 have ordinances . You know , I have -- 25 you know, this isn ' t -- this isn ' t a MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 65 1 nightclub that they are proposing to 2 open up on , you know , they are putting a 3 roof deck for their family , and this is 4 residential . 5 You know, so there is nothing to 6 preclude the folks from Palau to call 7 and complain if there is noise . 8 So , I don' t see noise as a relevant 9 consideration . I don ' t see the 10 disruption of the line-of-sight as being 11 particularly burdensome on the sunset 12 Islands folks . 13 I would agree that this Settlement 14 Agreement does not apply to this 15 particular project . 16 so , I see no reason -- oh , and the 17 fact that -- an argument was made that 18 because this complaint was filed last 19 week , that we should not act . I don ' t 20 think that is a persuasive argument . 21 one of the forms of relief that sunset 22 Islands sought in this complaint is an 23 Injunction . And , so , if the Court wants 24 to enjoin these proceedings , they can . 25 I would not do that voluntarily . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 66 1 So , that ' s what I have to say about 2 this . 3 CITY ATTORNEY : And since they said 4 to invoke the settlement Agreement , I 5 just want to advise the Board that I ' ve 6 reviewed the Agreement , I ' ve met with 7 both sides here , neither the Agreement 8 nor the litigation involved the City at 9 all , and we not parties to either . 10 So , we take no position on the 11 Settlement Agreement . Nothing in the 12 settlement Agreement bars the 13 application from being heard or approved 14 by the Board , and , you know , everything 15 that you ' ve heard -- heard about , as to 16 the settlement or litigation , we 17 consider a private dispute . 18 CHAIRMAN BODNAR : I live south of 19 5th , and there is extremely stringent 20 rules and regulations about sounds , 21 lighting , activities . It ' s a pretty 22 strong operation , if you are familiar 23 with it , and it makes that character and 24 neighborhood completely different from 25 everything north of 5th , of course . And MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 67 1 I think that we could set up or one 2 could set up a set of guidelines that 3 would be applied to all terraces and 4 rooftops at this building . 5 I do think , also , that there is a 6 precedent being set here in terms of the 7 planters being pulled back , or the 8 stucco color matching the building , and 9 all of that which we would want to be 10 consistent , and would also ask the 11 Condominium Association to be a party to 12 that decision , and understand that all 13 the other rooftops -- and I assume these 14 are roof rights that these people have . 15 MR . LARKIN : Say that again , 16 Mr . Chairman? 17 CHAIRMAN BODNAR : These are roof 18 rights? They have the complete rights 19 to their rooftops? 20 MR . LARKIN : Right . It ' s a 21 completely common element that they have 22 exclusive access to . 23 CHAIRMAN BODNAR : And we would want 24 to encourage that the Condominium 25 Association be party to those MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 68 1 consistencies that could make this 2 elevation improve , as you were saying , 3 and make it more unified over time as 4 the owners came in . 5 And the same requirements and 6 setbacks and requirements and all the 7 other things that could be seen and 8 should not be seen by the one . 9 BOARD MEMBER SHELDON : I would 10 include a plant palette in those 11 considerations with the condominium 12 Association , as well . But also , Tim , 13 you had mentioned something about 14 pulling the planters back an additional 15 distance? 16 MR . DUPONT : If we pulled them back 17 an additional three feet , they would be 18 eight feet from the edge of the parapet . 19 You would never even -- in these 20 people ' s front yards , you wouldn ' t be 21 able to see the planters . 22 BOARD MEMBER SHELDON : would you 23 consider making those planters wider , as 24 opposed to just pulling them back , so 25 that they still nestled up against the MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 69 1 railing , instead of five feet wide -- 2 MR. DUPONT: They are at three feet 3 now. 4 BOARD MEMBER SHELDON : Six feet 5 wide . 6 MR . DUPONT: They could be 7 five feet wide , and have more planting 8 in them . 9 BOARD MEMBER SHELDON : So that you 10 have a little bit denser planting , in 11 addition , and that would be on the north 12 side only , where you would have that 13 width , which would also keep people 14 further from the rail and protect the 15 privacy of those on sunset Islands from 16 views from above , from the rooftops . 17 MR . DUPONT : Sure . 18 BOARD MEMBER SHELDON : I ' m just 19 going through one technical thing in 20 here , since I ' ve got the mike on , that 21 is , I think you need to take another 22 look at how you are tying down the 23 trees . If this moves forward , you need 24 to look again how you ' re tying those 25 trees down , securing them with a dead MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 70 1 man . 2 MR. DUPONT: We ' ll need a 3 structural engineer when we get to that 4 point . 5 BOARD MEMBER SHELDON : I think it ' s 6 going to have to be more than what is 7 shown in the diagramatic sections . 8 BOARD MEMBER DELGADO : I agree with 9 creating some consistent palette for the 10 rooftop terraces . And I ' m a little 11 hesitant about having two pergolas . I 12 wonder if those could be combined into 13 one element . 14 MR . DUPONT: There is one pergola 15 and one bulkhead for a staircase . 16 BOARD MEMBER DELGADO : Okay , but it 17 has that pergola vocabulary , so it looks 18 like two separate elements . I wonder if 19 it ' s just cleaner to have one thing in 20 the roof rather than two separate 21 things . 22 MR . DUPONT: It is going to depend 23 on the post tension cables situation . 24 we know that from a north/south 25 perspective , part of the reason why it MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 71 1 is placed here is not only to keep it 2 out of the line-of-sight , but also 3 because where the post tension cables 4 are , that ' s the only place that you can 5 put it , from a north/south perspective . 6 From an east/west perspective , we have 7 to x- ray the slab -- slabs before we 8 know for sure where that could be 9 positioned . 10 BOARD MEMBER DELGADO : Are you 11 talking about the cooking area or the 12 bulkhead . 13 MR . DUPONT : The bulkhead . 14 BOARD MEMBER DELGADO : Yeah . Can 15 the pergola be attached to the bulkhead? 16 MR. DUPONT: Yes , it could be . 17 BOARD MEMBER DELGADO : Because it ' s 18 even further away from -- from your 19 north view then . 20 MR . DUPONT: It looks like one 21 continuous unit . 22 BOARD MEMBER DELGADO : And then the 23 other comment I had is whether that 24 pergola should , in character , remember 25 the pergola that is on the other side , MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 72 1 the structure that exists in the 2 building . I ' m just trying to find a 3 common vocabulary from the building that 4 extends to your private garden . 5 MR . DUPONT : The other penthouses 6 on the east and the south side all have 7 concrete canopies over them , concrete 8 columns that hold them up . 9 BOARD MEMBER DELGADO : Is the wood 10 vocabulary part of the building? 11 MR . DUPONT : Yes . The building is 12 covered everywhere , and wood-looking 13 porcelain tile , everywhere , inside and 14 out . Even the edges of the interior of 15 the terraces . 16 BOARD MEMBER DELGADO : Because that 17 would be sort of my , you know, if this 18 had been designed from the beginning , 19 what would these terraces be like? And 20 that ' s what I think should , you know, if 21 you ' re building -- 22 MR . DUPONT : They already have wood 23 elements all the way up the elevation . 24 BOARD MEMBER DELGADO : Right . 25 MR. DUPONT: Wood-looking . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 73 1 BOARD MEMBER DELGADO : Okay . Those 2 are my comments . 3 CHAIRMAN BODNAR : Thanks . 4 BOARD MEMBER CAMARGO : So , I 5 accepted the invitation from the 6 attorney and the applicant to see -- to 7 go up on the rooftop , because I heard 8 both sides before , and I was partially 9 present when the whole dispute between 10 Palau and the Sunset Islands took place 11 way back then . 12 So , I accepted the invitation 13 because I wanted to see the condition 14 with my own eyes , and understand exactly 15 what was the argument , or the lack of 16 privacy . 17 And after being at the rooftop , I 18 realized that what the applicant is 19 proposing is not actually diminishing 20 the privacy of the residents on the 21 sunset Islands because of the sight line 22 that we just saw here . There is no way 23 one can see the other , and vice versa. 24 And I think with your suggestion of 25 moving the planters , and making them MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 74 1 wider , and creating a wider buffer will 2 minimize whatever residual lack of 3 privacy their might be . 4 And also in terms of the sounding 5 buffering , if there ' s any noise , the 6 planting also helps that . 7 But I would encourage the 8 Homeowners Association of the Palau to 9 create some design guidelines so future 10 applicants at the penthouses decided 11 to do the same improvements to their 12 rooftops , at least from the sunset 13 Islands ' perspective , you see a uniform 14 treatment of the building , and if they 15 are concerned with the look and the 16 hodge-podge potential look of the 17 building from their side , that would be 18 minimized , and hopefully everybody will 19 feel like the same situation . 20 BOARD MEMBER SHELDON : I move to 21 approve the application . 22 MR . MURPHY : Sam , in accordance 23 with the Staff recommendation? 24 BOARD MEMBER SHELDON : Yes . 25 BOARD MEMBER KRIPLEN : And with the MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 75 1 conditions that there be some -- 2 Condominium Association standardizing 3 design guidelines . 4 BOARD MEMBER SHELDON : I think it 5 is going to be an issue with the next 6 person . I think they are assuming -- we 7 are about to approve , I think they are 8 going to sort of set the esthetics for 9 their neighbors , and I don ' t have a 10 problem with that . 11 MR . MURPHY : I would agree with 12 that . And if something arises to the 13 level that is outside of my jurisdiction 14 to review , it comes before the Design 15 Review Board . They are not saying that 16 it doesn ' t . 17 Jim , if you recall , south of 5th , 18 one ocean , we , very coincidentally , had 19 one -- on one agenda two different 20 penthouse units coming before the Board . 21 And those elements that they were 22 proposing improvements from did differ , 23 not dramatically from one another , and 24 we actually had one kind of regulate the 25 other . But Tim has already done a good MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 76 1 job at introducing the materials and the 2 colors that are already existing on 3 Palau , which is the first thing that I 4 looked at . 5 And aside from the 20th street 6 elevation , that has a very strong white 7 stucco trellis , or canopy that extends 8 over the front , and it is a very loud 9 presence , this is -- this is nice and 10 quiet . And all of the elements are 11 moved away in a very modest sighting and 12 in a modest clouding of the material . 13 And that ' s why Staff is supportive of 14 it . 15 BOARD MEMBER SHELDON : So , there 16 are no conditions then with our motion? 17 MR . MURPHY : I wouldn ' t -- 18 BOARD MEMBER SHELDON : Staff 19 conditions only? 20 MR . MURPHY: I would not defer to a 21 Condominium for their design guidelines 22 to regulate what goes above on the 23 rooftop , and leave it to when we come to 24 a new penthouse unit coming before the 25 Board . MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 77 1 BOARD MEMBER KRIPLEN : Can you 2 motion that and I ' ll just second? 3 BOARD MEMBER SHELDON : Should I 4 withdraw the motion? Do you want to 5 make the motion? 6 BOARD MEMBER KRIPLEN : Did you take 7 anything -- 8 MR . MURPHY: I don ' t know if you 9 want to enlarge the planters , maybe that 10 should be spoken of. 11 MR . LARKIN : That ' s fine . 12 MR . DUPONT: That ' s totally fine . 13 MR . MURPHY : So , the planters to 14 remain flush with the railing , though . 15 BOARD MEMBER KRIPLEN : Correct . 16 MR. LARKIN : Minimum five feet in 17 width . 18 BOARD MEMBER KRIPLEN : Five feet in 19 width . 20 MR. MURPHY: On the north side . 21 BOARD MEMBER KRIPLEN : On the north 22 side . On the side facing the canal . 23 MR . MURPHY: And then is there 24 anything that you would like to add 25 about combining the trellises -- the MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373- 5600 78 1 cooking trellis with the stairwell 2 bulkhead trellis? 3 MR . LARKIN : Yes , that ' s fine , 4 right? 5 MR . DUPONT : Make it one continuous 6 structure . 7 MR . MURPHY : So , explore combining 8 the two trellis elements into one . 9 MR . DUPONT: Into one continuous 10 structure . 11 MR . LARKIN : Correct . 12 MR. MURPHY: With that , we have a 13 motion . 14 BOARD MEMBER KRIPLEN : Second . 15 MR. MURPHY: Second by Marsh . 16 All in favor? 17 (All Board Members present 18 responded affirmatively) . 19 MR . MURPHY : The application is 20 approved 5-0 . 21 MR . LARKIN : Great . Thank you very 22 much for your time . 23 (Item adjourned . ) 24 25 MIAMI-DADE COUNTY COURT REPORTERS , INC . (305) 373-5600 79 1 CERTIFICATE OF_ REPORTER 2 STATE OF FLORIDA 3 COUNTY OF DADE 4 I , JANICE AGUIRRE , Registered Professional Reporter , do hereby certify that I 5was authorized to and did stenographically report from the audio file the DESIGN REVIEW Board 6 Meeting of- July 2 , 2019 ; that a review of the transcript was requested ; and that. .the: .foregoing 7 transcript , pages 1 through 78 , is a true record of my stenographic notes . 8 I FURTHER CERTIFY that I am not a relative , employee , or attorney , or counsel 9 of any of the parties ; nor am I a relative or employee of any of the parties ' attorney or 10 counsel connected with theaction., nor am I financially interested in the action.. 11 DATED this 8th day of September , 2019 at Miami , Dade County , Florida . 12 13 14 . 15 16 17 18 JANICE AGUIRRE 19 Registered Professional Reporter :. Notary . Public , state of Florida 20 Commission NO. GG 160089 My Commission Expires : December 8 , 2021 . . 21 22 23 24 25 MIAMI-DADE COUNTY COURT REPORTERS , INC . . (305) 373-5600 80 agree[3] 65/13 70/8 75/11 74/2178/19 agreed[1] 39/19 applications[2] 19/9 22/24 --[77] 2/6 5/1 6/13 12/11 12/13 12/20 13/11 agreement[25] 12/17 36/19 38/16 38/21 applied[1] 67/3 14/915/2016/916/2218/2123/13 24/5 24/9 38/24 39/2 51/17 52/24 53/3 53/17 59/16 applies[2] 24/17 25/7 24/19 24/24 26/22 27/7 27/18 28/13 28/22 59/17 59/20 59/24 60/2 60/3 60/764/2 64/3 apply[2] 19/8 65/14 29/17 30/130/13 30/16 31/131/22 33/10 65/14 66/4 66/6 66/7 66/1166/12 appointment[1] 12/15 34/4 35/15 36/13 36/20 37/18 37/19 38/3 AGUIRRE[2] 79/4 79/18 appreciate[1] 32/8 38/19 40/140/17 41/2 41/5 41/22 42/6 42/10 air[1] 16/3 approval[16] 2/113/4 4/19 9/25 10/11 25/4 42/12 45/14 45/2145/25 46/24 47/5 50/3 all[60] 5/14 9/7 9/25 11/9 12/25 14/16 16/1 25/15 26/2 26/25 27/131/12 36/16 36/18 51/2 56/1 61/21 63/12 64/15 64/19 64/20 18/14 19/8 19/9 19/12 19/18 20/2 20/8 21/16 52/8 56/2 57/21 64/24 64/25 65/16 65/17 66/15 67/13 68/19 21/25 22/25 23/15 24/2 24/17 30/16 31/5 approve[9] 37/13 48/5 48/10 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59/10 modern[1] 42/15 legislative[1] 19/2 modest[2] 76/1176/12 Lehr[2] 40/13 61/14 M modification[3] 8/13 10/21 49/23 less[1] 60/18 made[15] 30/6 30/18 43/17 43/19 43/20 modifications[6] 2/14 8/10 10/1 10/11 let[2] 32/24 47/14 51/18 52/25 53/3 53/18 55/1 58/22 59/13 36/10 62/1 Let's[1] 57/11 60/12 61/22 65/17 modified[1] 7/7 letter[3] 12/14 23/2 23/6 Maggie[2] 12/914/1 modify[2] 25/18 26/1 letters[1] 23/7 mail-outs[1] 21/15 month[1] 21/8 level[4] 6/210/16 60/22 75/13 main[2] 5/13 52/9 months[1] 7/17 Liability[1] 49/13 maintain[1] 13/19 Morber[1] 48/15 life[1] 59/21 majority[2] 19/16 55/9 more[20] 4/1916/24 35/3 37/23 41/20 light-of-sight[1] 57/24 make[17] 7/16 10/14 13/2 14/5 24/6 32/22 41/23 45/15 45/20 45/22 46/9 46/15 52/3 lighting[3] 32/2 61/23 66/21 33/7 44/10 44/1147/13 54/15 54/17 61/5 56/7 58/1159/9 61/6 63/9 68/3 69/7 70/6 lights[2] 40/8 60/14 68/168/3 77/5 78/5 most[1] 7/23 like[28] 7/23 8/512/2014/1415/817/12 makes[1] 66/23 motion[5] 76/16 77/2 77/4 77/5 78/13 17/21 23/1 23/12 23/19 24/4 30/1134/20 making[6] 23/1136/14 52/18 53/24 68/23 move[1] 74/20 43/2 44/147/19 47/23 47/25 50/20 50/21 73/25 moved[5] 12/212/5 43/15 43/24 76/11 57/10 63/7 63/8 70/18 71/20 72/19 74/19 man[2] 50/9 70/1 moves[1] 69/23 77/24 many[4] 17/8 33/23 52/23 52/23 moving[2] 11/18 73/25 limitations[2] 29/19 29/21 Marilyn[1] 21/18 Mr[3] 23/147/16 67/16 Limited[2] 7/149/12 Mark's[2] 9/6 33/13 Mr.[18] 6/23 12/20 18/20 23/19 31/131/4 limits[1] 17/5 marketing[1] 12/13 43/3 43/16 44/6 45/6 48/15 48/20 57/16 line[7] 15/13 26/12 29/16 29/17 31/18 35/15 married[3] 43/11 54/3 54/5 59/10 60/12 60/23 61/14 63/20 73/21 Marsh[2] 1/18 78/15 Mr.Amster[1] 60/23 line-of-sight[26] 4/25 25/2126/7 27/5 28/1 mass[1] 4/23 Mr.Bienstock[6] 31/143/3 43/16 44/6 45/6 28/3 28/24 29/14 29/25 30/9 41/7 41/23 42/6 massing[1] 31/5 60/12 52/2152/25 57/18 57/23 58/16 58/2161/17 master[1] 40/22 Mr.Chairman[6] 6/2318/20 23/19 48/15 62/13 62/18 63/2 64/14 65/10 71/2 matching[1] 67/8 57/16 63/20 lines[7] 4/15 5/13 28/10 30/20 30/23 45/14 material[2] 12/13 76/12 Mr.Larkin[1] 48/20 47/4 materials[2] 17/6 76/1 Mr.Lehr[1] 61/14 lines--[1] 45/14 math[1] 51/7 Mr.Luria[1] 59/10 link[1] 22/9 matter[3] 25/9 27/12 63/13 Mr.Murphy[2] 12/20 31/4 86 33/133/2 33/3 33/8 33/9 33/10 34/19 35/4 other[20] 3/14/12 7/9 10/14 15/9 24/4 36/8 36/23 37/12 38/6 38/24 39/10 39/25 25/20 28/14 37/16 46/19 47/12 54/4 59/23 much[12] 12/25 14/13 16/24 18/18 19/4 40/8 40/17 40/18 40/25 42/12 42/18 43/1 67/13 68/7 71/23 71/25 72/5 73/23 75/25 23/20 43/2 51/12 54/20 57/4 63/22 78/22 43/5 43/12 49/17 49/24 50/22 51/6 51/14 otherwise[1] 43/7 multi-family[1] 60/18 54/6 54/8 54/13 58/20 58/24 60/3 60/9 60/16 our[35] 7/3 7/4 11115 11/16 12/13 12/14 multiple[1] 59/15 61/25 62/2 62/3 62/5 63/5 64/5 65/14 65/19 13/10 13/11 13/13 14/7 14/15 17/25 18/11 Murphy[3] 1/2212/20 31/4 65/25 66/9 68/8 71/173/19 75/15 75/23 18/2219/15 20/10 21/12 22/22 33/6 34/16 Muskcad[1] 51/24 76/20 79/8 34/22 36/9 38/6 38/7 40/10 43/4 46/20 47/9 must[4] 6/7 20/8 24/19 41/2 not--[1] 42/12 48/8 53/4 53/18 53/20 59/7 60/6 76/16 must--[1] 24/19 Notary[1] 79/19 out[23] 12/22 13/10 14/9 21/13 21/18 22/3 mutually[1] 12/18 notation[1] 6/10 22/6 32/2137/3 37/19 39/3 40/4 41/1142/9 my[41] 3/12 7/511/1611/2312/212/7 note[3] 5/10 6/1158/8 43/10 43/18 43/20 47/160/9 60/24 63/171/2 13/18 13/20 14/18 23/24 24/6 24/10 30/12 noted[2] 9/163/3 72/14 36/2137/7 38/140/22 40/23 41/25 42/4 42/4 notes[1] 79/7 out--[1] 37/19 42/24 43/10 44/24 46/1 48/15 51/24 52/5 nothing[5] 36/25 38/13 40/2 65/5 66/11 outdoor[14] 2/15 2/17 2/19 2/25 3/5 4/14 52/11 52/13 52/21 53/6 53/10 54/2 54/21 notice[2] 21/17 22/6 7/25 8/12 8/17 10/6 10/23 20/25 56/20 61/1 72/17 73/2 73/14 75/13 79/7 79/20 noticed[1] 55/8 outreach[2] 18/23 21/12 myself[11 51/13 notion[1] 42/13 outside[2] 61/16 75/13 N now[21] 11/24 15/5 15/8 23/22 29/22 33/12 over[12] 8/2132/15 35/17 35/25 52/13 39/140/4 40/5 41/8 41/24 45/5 49/19 50/5 58/12 63/14 63/23 64/19 68/3 72/7 76/8 Nahmad[7] 7/17/2 7/118/8 8/15 54/2 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71/5 72/6 75/17 89 5/1 5/8 8/7 9/10 13/1 13/1 13/2 18/8 21/19 62/3 65/3 67/19 74/3 74/11 74/17 75/9 76/21 21/24 22/2124/9 25/2126/7 26/12 27/5 28/1 them[22] 6/8 7/18 7/20 13/9 17/14 21/14 soy[1] 17/17 30/3 30/9 31/14 31/19 32/1132/12 33/15 21/17 34/13 34/25 35/15 36/22 37/7398 space[4] 7/25 12/25 13/22 14/6 34/9 34/1139/23 40/14 41/14 41/16 41/17 45/8 54/14 68/16 68/24 69/8 69/25 72/7 72/8 speak[8] 23/23 31/2 39/9 40/1148/7 48/13 41/2142/18 44/7 48/16 50/14 50/14 52/13 73/25 51/22 57/8 55/19 56/18 56/24 65/11 65/21 69/15 73/10 themselves[2] 58/6 61/8 speaker[1] 61/22 73/2174/12 then[21] 5/611/2117/2518/918/1218/22 speakers[2] 20/25 61/1 Sunset--[1] 5/1 19/24 35/8 35/15 45/4 47/7 47/13 58/159/5 speaking[1] 32/6 support[7] 7/9 23/2 37/4 37/7 59/9 59/11 59/6 59/7 71/19 71/22 73/1176/16 77/23 specific[2] 5/23 49/3 64/11 there[73] 3/23 6/3 7/18 7/20 11/6 12/19 specifically[4] 10/18 24/16 26/9 31/17 supported[2] 35/2139/21 12/21 14/23 15/19 15/20 15/21 15/22 15/22 spend[1] 8/17 supportive[1] 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67/14 67/17 68/19 stairwell[2] 2/17 78/1 tactics[1] 56/8 72/19 standardizing[1] 75/2 take[6] 16/8 39/15 61/1166/10 69/2177/6 these--[1] 30/16 start[1] 57/11 taken[2] 15/13 40/4 they[78] 6/19 7/16 7/18 7/24 9/2 11/4 11/5 starting[1] 58/15 talk[7] 7/18 22/8 22/16 24/4 44/2144/23 15/1216/616/819/719/719819/20 20/13 STATE[2] 79/2 79/19 50/25 20/13 20/14 20/15 21/14 21/25 28/24 34/14 states[1] 25/16 talked[1] 61/14 35/9 36/6 36/7 36/8 36/19 37/137/6 37/14 station[1] 59/6 talking[2] 64/16 71/11 38/17 38/18 39/139/4 39/6 39/7 39/13 39/14 stayed[1] 14/24 talks[1] 48/20 40/141/6 41/22 42/15 49/3 49/10 50/25 51/1 stays[1] 17/4 taller[2] 41/18 58/18 53/19 54/5 54/6 54/6 54/12 54/12 54/14 stenographic[1] 79/7 tastes[1] 42/11 59/22 60/2161/18 61/24 61/25 62/3 62/4 stenographically[1] 79/5 taxpayer[1] 46/23 63/164/16 65/165/2 65/24 66/3 67/18 67/21 step[1] 35/15 TCO[1] 59/23 68/17 68/25 69/2 69/6 72/22 74/14 75/6 75/7 still[3] 14/2 36/16 68/25 teak[1] 17/15 75/15 75/21 stipulate[1] 47/7 team[2] 4/2134/16 they're[2] 28/25 54/5 store[1] 16/6 technical[1] 69/19 thing[16] 5/10 13/13 17/22 18/12 37/17 stories[3] 33/15 33/16 33/17 telephone[1] 3/9 48/25 49/19 50/24 57/22 58/3 58/16 62/11 storm[1] 16/7 tell[2] 44/25 62/14 62/22 69/19 70/19 76/3 story[2] 40/3 40/3 tension[2] 70/23 71/3 things[8] 25/20 35/20 38/2 45/9 49/10 50/16 street[16] 1/112/3 3/25 4/7 5/6 9/1115/20 Teresa[1] 42/24 68/7 70/21 33/17 34/3 35/9 35/12 40/15 42/25 50/16 terms[3] 3/17 67/6 74/4 think[25] 7/22 23/14 41/10 41/24 42/142/2 52/6 76/5 terrace[15] 2/15 4/5 4/16 8/3 8/4 8/15 8/22 42/17 45/2 46/23 46/24 48/25 49/19 55/6 stricken[1] 6/7 10/215/2416/217/918/10 20/14 58/20 56/16 64/18 65/20 67/167/5 69/2170/5 strict[2] 45/161/3 61/20 72/20 73/24 75/4 75/6 7517 stringent[1] 66/19 terraces[8] 3/24 8/23 9/15 10/24 67/3 70/10 this[120] strong[2] 66/22 76/6 72/15 72/19 this--[1] 56/1 structural[1] 70/3 Terry[1] 32/10 those[22] 6/1 6/5 15/18 16/3 24/18 28/2 structure[10] 9/6 16/10 18/5 18/6 31/3 testified[1] 48/22 29/20 31/8 31/9 31/13 34/12 41/5 44/16 59/7 37/14 62/24 72/178/6 78/10 testimony[3] 20/120/7 62/5 67/25 68/10 68/23 69/15 69/24 70/12 73/1 structures[7] 2/16 15/15 17/13 28/14 28/19 tests[1] 46/18 75/21 41/18 53/15 than[11] 16/19 46/9 46/16 52/3 59/9 59/23 though[2] 37/8 77/14 stucco[5] 17/1017/15 63/6 67/8 76/7 60/19 61/763/9 70/6 70/20 thought[3] 11/19 41/1164/1 subject[3] 3/4 4/3 4/11 thank[27] 6/22 11/10 13/2 14/12 18/18 threat[1] 55/24 submit[1] 23/4 23/10 23/17 23/20 30/21 40/11 40/12 42/21 three[10] 4/12 5/3 17/1 32/5 45/24 58/6 submitted[1] 2/6 42/22 44/6 46/2 47/17 48/12 51/20 51/21 63/4 63/10 68/17 69/2 subscription[1] 12/17 51/23 54/18 54/19 57/4 57/6 63/19 63/21 three-stories[1] 35/14 subsequent[1] 64/4 78/21 through[16] 4/13 6/1414/16 20/126/10 subsequently[1] 6/6 thanks[2] 11/10 73/3 28/15 31/16 32/16 32/18 32/19 38/3 39/18 substantial[5] 19/1119/25 20/7 27/20 62/6 that[264] 47/9 62/13 69/19 79/7 success[1] 42/16 that--[2] 41/2 65/17 throughout[1] 18/15 successfully[1] 34/10 that's[30] 5/10 7/22 14/1 14/2 14/3 14/6 tile[2] 17/8 72/13 such[2] 47/14 56/5 14/11 15/23 18/17 19/12 25/22 27/17 37/5 Tim[8] 7/3 14/14 14/18 18/19 62/12 63/19 sudden[1] 37/17 38/1142/20 51/5 51/1157/4 60/4 63/20 64/6 68/12 75/25 suggested[1] 12/20 64/8 64/9 66/171/4 72/20 76/13 77/1177/12 time[19] 8/18 9/17 11/11 16/24 22/6 23/3 suggestion[1] 73/24 78/3 23/20 37/13 37/2143/2 43/10 45/16 46/24 suit[2] 38/14 53/21 the--[2] 16/9 40/1 50/10 54/18 59/2159/22 68/3 78/22 summarily[1] 38/20 their[31] 6/15 7/12 7/16 7/19 8/2 8/415/24 times[5] 33/23 33/24 37/15 51/8 63/14 summary[1] 62/2 16/18 16/18 19/22 26/12 33/3 34/4 34/4 37/4 to--[1] 23/13 Sunset[54] 3/2 3/25 4/14/6 4/8 4/22 4/25 42/9 43/7 44/4 48/4 54/8 54/12 56/14 60/19 to do[10] 3/3 7/14 35/25 36/25 38/13 38/18 90 T until[3] 25/9 27/1135/20 58/22 59/12 61/9 61/2162/4 63/3 64/8 64/10 unused[2] 8/24 9/1 65/17 65/18 73/8 73/15 79/5 79/6 to do...[4] 47/157/13 58/13 74/11 up[27] 11/111/2111/2113/814/1516/7 was--[1] 61/21 to how[1] 52/25 17/1918/12 23/22 32/24 34/9 38/9 40/8 41/3 waste[2] 46/23 46/24 to the[24] 2/9 2/24 6/14 8/11 9/22 16/2 18/4 41/25 42/16 45/9 62/12 62/17 63/15 65/2 water[7] 16/2 34/15 35/7 35/11 35/14 53/9 18/4 21/13 21/2123/8 25/126/4 27/3 28/9 67/167/2 68/25 72/8 72/23 73/7 56/23 30/6 39/20 42/3 46/7 55/3 58/23 59/3 62/25 upon[6] 19/13 20/3 20/9 33/5 60/6 62/7 waterfront[2] 3/20 5/8. 71/15 upper[3] 9/14 15/11 16/3 waterway[4] 4/2 4/6 4/9 31/9 Tobin[1] 42/25 Urban[1] 1/22 way[12] 3/11 16/1 33/10 33/1152/15 62/25 today[26] 8/9 9/2511/11 12/3 14/4 14/10 urge[2] 30/5 48/10 63/15 64/8 64/10 72/23 73/1173/22 19/919/18 22/22 24/2 24/14 25/13 26/15 us[10] 11/14 21/22 35/22 36/8 36/12 36/20 way--[1] 33/10 37/13 38/18 39/7 41/4 42/5 42/2145/12 39/19 43/12 47/20 59/1 we[121] 46/11 47/15 48/9 52/4 53/19 60/9 use[11] 9/8 14/1 17/17 25/14 25/24 26/2 We'll[2] 45/25 70/2 together[5] 8/1 8/18 11/25 13/9 34/16 26/24 27/9 29/23 31/7 33/21 - we've[2] 14/20 63/13 told[1] 37/5 used[4] 33/9 53/157/20 64/15 week[7] 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45/10 46/3 46/5 transitional[1] 41/14 very[29] 5/23 11/14 14/12 17/18 18/18 19/3 46/8 47/147/5 47/1147/14 47/17 48/150/12 transparent[1] 22/12 20/15 20/23 23/16 23/20 31/6 34/7 34/24 53/153/23 57/24 64/6 66/170/6 72/19 72/20 travel[1] 13/20 40/22 41/141/9 45/145/4 49/2 54/19 57/4 73/15 73/18 76/22 travels[1] 53/8 60/17 61/3 63/2175/18 76/6 76/8 76/11 what--[1] 47/5 Treasurer[1] 55/14 78/21 what's[5] 35/22 41/7 42/1147/6 50/5 treatment[1] 74/14 vice[2] 32/12 73/23 whatever[5] 16/6 44/1155/18 56/12 74/2 trees[2] 69/23 69/25 view[2] 18/9 71/19 when[11] 18/13 28/8 31/17 36/16 38/9 trellis[4] 76/7 78/178/2 78/8 views[2] 34/4 69/16 48/20 50/25 54/12 70/3 73/9 76/23 trellises[1] 77/25 Village[1] 12/1 where[15] 7/15 7/2511/2313/617/23 33/25 trellises--[1] 77/25 violate[1] 60/3 34/14 34/25 39/2 48/160/12 64/2 69/12 71/3 trial[1] 60/8 violation[1] 60/7 71/8 triangles[1] 16/4 visible[5] 57/22 58/3 58/16 58/2162/22 wherever[1] 13/5 true[1] 79/7 vision[1] 20/18 whether[1] 71/23 try[2] 14/4 57/13 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34/1135/17 36/13 39/2 40/14 40/18 50/11 yes[6] 36/1137/22 71/16 72/1174/24 78/3 yesterday[1] 22/16 yet[1] 56/4 York[1] 11/25 you[190] you are[2] 47/14 66/22 you're[4] 31/20 56/3 69/24 72/21 you've[1] 66/15 young[1] 7/12 your[22] 11/5 16/24 19/19 22/25 23/4 28/11 31/16 35/8 38/10 41/22 43/19 49/2 54/18 55/25 57/5 57/8 57/19 61/7 71/18 72/4 73/24 78/22 z zoning[5] 48/2148/23 49/21 49/21 50/25