TAMPA CITY COUNCIL
MONDAY, SEPTEMBER 21, 2020
5:01 P.M. VIRTUAL MEETING
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04:50:14
05:02:11 >>GUIDO MANISCALCO: ROLL CALL, PLEASE.
05:02:12 >>LUIS VIERA: HERE.
05:02:14 >>ORLANDO GUDES: PRESENT.
05:02:16 >>BILL CARLSON: HERE.
05:02:19 >>JOHN DINGFELDER: HERE.
05:02:24 >>JOSEPH CITRO: HERE.
05:02:26 >>CHARLIE MIRANDA: HERE.
05:02:28 >>GUIDO MANISCALCO: HERE.
05:02:31 ALL RIGHT.
05:02:31 MR. SHELBY.
05:02:32 >>MARTIN SHELBY: THANK YOU VERY MUCH, MR. CHAIRMAN,
05:02:35 MEMBERS OF TAMPA CITY COUNCIL.
05:02:36 GOOD EVENING.
05:02:37 MARTIN SHELBY, TAMPA CITY COUNCIL ATTORNEY.
05:02:43 DUE TO THE COVID-19 PANDEMIC THIS VIRTUAL MEETING OF THE
05:02:47 CITY OF TAMPA HAS SCHEDULED FOR LAND USE MATTERS.
05:02:52 TODAY IS MONDAY, SEPTEMBER 21st, 2020.
05:02:56 THIS MEETING IS BEING HELD IN ACCORDANCE WITH THE
05:02:58 DECLARATIONS AND PROVISIONS OF THE GOVERNOR'S EXECUTIVE
05:03:00 ORDER 20-69 AND 20-192 AND FURTHER EXTENDED WHICH IS
05:03:08 SUNSET TO DEBATE AND DISCUSSION WHETHER IT WILL BE.
05:03:11 BUT THE EMERGENCY RULES OF PROCEDURE ALSO AS ADOPTED AND
05:03:14 AMENDED BY CITY COUNCIL IS BEING CONDUCTED TONIGHT BY
05:03:18 TELECONFERENCE REMOTE PARTICIPATION WHICH IS REFERRED TO
05:03:22 BY STATE OF FLORIDA STATUTES AND RULES AS COMMUNICATIONS
05:03:24 MEDIA TECHNOLOGY.
05:03:26 THE PUBLIC AND CITIZENS OF TAMPA ARE ABLE TO WATCH AND
05:03:30 LISTEN THE MEETING ON CABLE, ON FRONTIER AND THE INTERNET
05:03:35 AT TAMPAGOV.NET/LIVESTREAM, ONE WORD.
05:03:41 NOW, COUNCIL, A REMINDER TO THE PUBLIC THAT PEOPLE HAVE
05:03:45 BEEN GIVEN THE OPPORTUNITY TO PARTICIPATE IN TONIGHT'S
05:03:48 HEARING BY PREREGISTERING AT TAMPAGOV.NET/QUASI
05:03:56 AND BE BEING AUTOMOBILE TO REGISTER AND RECEIVE
05:03:58 INFORMATION ON HOW TO PARTICIPATE WITH A COMMUNICATIONS
05:04:04 MEDIA TECHNOLOGY DEVICE, COMPUTER OR LAPTOP.
05:04:07 IN ORDER TO PARTICIPATE, THE PUBLIC, THOSE MEMBERS WHO DO
05:04:11 NOT HAVE COMMUNICATIONS MEDIA TECHNOLOGY DEVICE CAN STILL
05:04:16 PARTICIPATE BY UTILIZING FACILITIES THAT HAVE BEEN MADE
05:04:20 AVAILABLE TO THE PUBLIC DURING THIS HEARING TONIGHT AT
05:04:22 THE TAMPA CONVENTION CENTER
05:04:27 WRITTEN MATERIAL, COUNCIL, HAS BEEN PROVIDED AND
05:04:29 DISTRIBUTED TO MEMBERS OF TAMPA CITY COUNCIL, AND THEY
05:04:32 HAVE BEEN UPLOADED TO BE AVAILABLE TO BE VIEWED BY
05:04:37 MEMBERS OF THE PUBLIC AND THE PETITIONERS AT
05:04:41 TAMPAGOV.NET/AGENDA, AND UNDER TONIGHT'S AGENDA TODAY.
05:04:51 COUNCIL, THOSE WRITTEN COMMENTS WILL BE RECEIVED AND
05:04:55 FILED AND MADE PART OF THE RECORD TONIGHT.
05:04:58 AGAIN, EACH PUBLIC HEARING IS BEING HELD INDIVIDUALLY,
05:05:02 AND I TURN IT BACK OVER TO THE CHAIR.
05:05:08 THANK YOU VERY MUCH.
05:05:08 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:05:10 AS YOU SEE ON THE AGENDA, WE HAVE 13 ITEMS.
05:05:13 HOWEVER, FOUR OF THOSE ITEMS WILL NOT BE HEARD TONIGHT.
05:05:15 ITEM 2 AND 3 HAVE BEEN WITHDRAWN, AND THE OTHER TWO, THE
05:05:21 11 AND 13 ARE MISNOTICED.
05:05:23 SO MR. SHELBY, SHOULD I HAVE A MOTION TO REMOVE THOSE
05:05:31 ITEMS?
05:05:32 >>MARTIN SHELBY: I SUGGEST WORKING WITH THE CLERK AND
05:05:35 MS. JOHNSON-VELEZ WHO IS PRESENT TO GO OVER EACH ITEM
05:05:38 INDIVIDUALLY AND TAKE THEM INDIVIDUALLY.
05:05:43 >>GUIDO MANISCALCO: MS. JOHNSON-VELEZ.
05:05:45 >>SUSAN JOHNSON-VELEZ: ASSISTANT CITY ATTORNEY.
05:05:47 YES, ITEMS 2 AND 3 HAVE BOTH BEEN WITHDRAWN SO THOSE
05:05:52 MAY -- YOU MAY TAKE ACTION TO REMOVE THOSE FROM THE
05:05:55 AGENDA.
05:05:55 ON ITEM NUMBER 11, THIS IS AN APPLICATION THAT HAS BEEN
05:06:00 MULTIPLE TIMES NOW BEFORE.
05:06:06 IT WAS SCHEDULED ON APRIL 16th AS WELL AS JUNE
05:06:10 23rd AND THEN THE THIRD TIME FOR TODAY, SEPTEMBER
05:06:14 21st.
05:06:15 SO PURSUANT TO SECTION 27-61, THE CITY ORDINANCE, IF
05:06:23 THERE IS A FAILURE TO PRESENT PUBLIC NOTICE ON TWO OR
05:06:28 MORE OCCASIONS CITY COUNCIL HAS MAY CONSIDER THOSE
05:06:32 APPLICATIONS BEING WITHDRAWN AND DISMISS THOSE.
05:06:36 SO WE HAVE HAD THREE TIMES NOW WHERE THE APPLICANT HAS
05:06:38 FAILED TO PERFECT NOTICE FOR THESE HEARINGS.
05:06:41 HOWEVER, BECAUSE OF THE COVID SITUATION AND ALL THE
05:06:45 CONTINUANCES AND THINGS LIKE THAT, AND AFTER TALKING WITH
05:06:51 MR. SHELBY ABOUT THIS, WHAT WE RECOMMEND IS FOR COUNCIL
05:06:54 TO SCHEDULE THIS PERHAPS ONE MORE TIME AND ALLOW US TO
05:06:57 CONTACT THE APPLICANT, IF THEY ARE ABLE TO PERFECT NOTICE
05:07:00 THE FINAL TIME, THEN THEIR APPLICATION WILL BE DEEMED
05:07:03 WITHDRAWN.
05:07:04 >>MARTIN SHELBY: NOW, MAY I INTERRUPT, MR. CHAIRMAN?
05:07:10 SHOULD WE HAVE COUNCIL CONSIDER THOSE MOTIONS SEPARATELY,
05:07:17 PLEASE?
05:07:24 MS. JOHNSON, YOU WERE REFERRING TO ITEM --
05:07:28 >>SUSAN JOHNSON-VELEZ: 11.
05:07:29 >>MARTIN SHELBY: 11.
05:07:30 >>GUIDO MANISCALCO: MAY I HAVE A MOTION TO WITHDRAW OR
05:07:35 REMOVE ITEM NUMBER 2 FROM THE AGENDA?
05:07:38 >>ORLANDO GUDES: SO MOVED.
05:07:39 >>MARTIN SHELBY: MR. CHAIRMAN, MR. CHAIRMAN, ACTUALLY
05:07:41 THE CORRECT MOTION WOULD BE TO ACCEPT IT AS WITHDRAWN.
05:07:44 >>GUIDO MANISCALCO: A MOTION TO ACCEPT THIS PETITION,
05:07:48 ITEM NUMBER 2 AS WITHDRAWN?
05:07:51 MOTION FROM COUNCILMAN GUDES.
05:07:53 DO WE HAVE A SECOND?
05:07:56 SECOND FROM COUNCILMAN CITRO.
05:07:58 IS THERE ANY OBJECTION?
05:07:59 HEARING NONE, BY UNANIMOUS CONSENT, WITHOUT OBJECTION,
05:08:02 THE ITEM IS WITHDRAWN.
05:08:04 NEXT UP IS ITEM NUMBER 3.
05:08:08 SAME SITUATION HERE.
05:08:11 MOTION TO ACCEPT IT AS WITHDRAWN.
05:08:12 >>ORLANDO GUDES: SO MOVED.
05:08:14 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN GUDES.
05:08:16 WHO IS THE SECOND?
05:08:17 >>JOSEPH CITRO: SECOND, COUNCILMAN CITRO.
05:08:21 ANY OBJECTION?
05:08:23 >>GUIDO MANISCALCO: HEARING NONE, WITHOUT ANY OBJECTION
05:08:25 BY UNANIMOUS CONSENT, ITEM NUMBER 3 IS REMOVED.
05:08:28 MOVING TO ITEM NUMBER 11 WHICH HAS BEEN RESCHEDULED TO A
05:08:34 FUTURE DATE.
05:08:39 IT WOULD HAVE TO BE SCHEDULED FOR AN EVENING SESSION, MR.
05:08:41 SHELBY?
05:08:42 >>MARTIN SHELBY: MY RECOMMENDATION WHERE WE STAND NOW,
05:08:44 MS. JOHNSON-VELEZ, THE DECEMBER DATE?
05:08:49 >>SUSAN JOHNSON-VELEZ: THE DECEMBER DATE IS THE ONE THAT
05:08:51 WE PREVIOUSLY TALKED ABOUT.
05:08:54 >>MARTIN SHELBY: AND THAT WOULD BE DECEMBER --
05:08:58 >>> DECEMBER 10 AT 6 P.M., 2020?
05:09:04 >>MARTIN SHELBY: THAT WOULD WORK, COUNCIL.
05:09:06 >>GUIDO MANISCALCO: IS THERE WHAT MOTION FOR THAT THIS
05:09:08 MOTION ANYBODY?
05:09:09 >>CHARLIE MIRANDA: SO MOVED, MR. CHAIRMAN.
05:09:12 MIRANDA.
05:09:13 >>GUIDO MANISCALCO: SECOND BY COUNCILMAN GUDES.
05:09:15 >>LUIS VIERA: ROLL CALL --
05:09:21 >>MARTIN SHELBY: ROLL CALL ON THIS.
05:09:22 >>LUIS VIERA: YES.
05:09:24 >>ORLANDO GUDES: YES.
05:09:26 >>JOHN DINGFELDER: YES.
05:09:27 >>GUIDO MANISCALCO: YES.
05:09:28 >>BILL CARLSON: YES.
05:09:30 >>JOSEPH CITRO: YES.
05:09:32 >>CHARLIE MIRANDA: YES.
05:09:34 >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
05:09:35 >>MARTIN SHELBY: MR. CHAIRMAN, I JUST WANT TO HAVE A
05:09:39 CLARIFICATION ON THIS. THIS IS NOT A CONTINUANCE.
05:09:42 IT IS A RESET BECAUSE IT CANNOT BE HEARD BECAUSE NOTICE
05:09:45 HAS NOT BEEN PERFECTED SO MAKE SURE IT IS THE INTENTION
05:09:48 OF THE MAKER OF MOTIONS TO NOTIFY THE CLERK THE MOTION IS
05:09:52 ACTUALLY TO RESET.
05:09:54 >>GUIDO MANISCALCO: IS THAT CORRECT?
05:09:55 ALL RIGHT, SECONDED BY COUNCILMAN MIRANDA.
05:09:58 WE'LL START FROM SCRATCH.
05:10:06 NUMBER 13 IS THE FINAL ONE, ALSO MISNOTICED FOR MS.
05:10:11 JOHNSON-VELEZ.
05:10:12 SHOULD WE DO THE SAME AND COMPLETELY RESET THIS OR DO WE
05:10:15 REMOVE IT?
05:10:18 WELL.
05:10:22 >>SUSAN JOHNSON-VELEZ: THIS ONE HAS NOT BEEN SCHEDULED
05:10:24 YET.
05:10:24 BUT NUMBER 11 HAS BEEN SCHEDULED TWICE. THIS ONE IT'S
05:10:28 THE FIRST TIME IT'S BEEN RESCHEDULED.
05:10:30 >>MARTIN SHELBY: SO IT WOULD BE STILL BE A RESCHEDULE.
05:10:34 >>GUIDO MANISCALCO: SO IF WE GET A MOTION TO RESET ITEM
05:10:37 NUMBER 13.
05:10:38 A MOTION TO RESET.
05:10:41 >>MARTIN SHELBY: WOULD THAT BE DECEMBER 10th AS WELL
05:10:44 AT 6:00 P.M.?
05:10:47 >>JOHN DINGFELDER: SO MOVED.
05:10:48 >>GUIDO MANISCALCO: OKAY, DECEMBER 10th AT 6 P.M.,
05:10:51 2020?
05:10:51 >>MARTIN SHELBY: MS. JOHNSON-VELEZ, THAT'S CORRECT?
05:10:56 >>SUSAN JOHNSON-VELEZ: I BELIEVE THAT'S CORRECT.
05:10:58 THERE WERE EIGHT ITEMS SCHEDULED FOR THAT EVENING.
05:11:01 NOW THERE ARE TEN.
05:11:01 >>GUIDO MANISCALCO: SO WE HAVE A MOTION TO RESET ITEM
05:11:04 NUMBER 13 BY COUNCILMAN MIRANDA.
05:11:06 SECOND BY COUNCILMAN DINGFELDER.
05:11:07 ROLL CALL VOTE.
05:11:08 >>LUIS VIERA: YES.
05:11:11 >>ORLANDO GUDES: YES.
05:11:14 >>JOHN DINGFELDER: YES.
05:11:16 >>GUIDO MANISCALCO: YES.
05:11:18 >>BILL CARLSON: YES.
05:11:20 >>JOSEPH CITRO: YES.
05:11:23 >>CHARLIE MIRANDA: YES.
05:11:24 >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
05:11:26 >>GUIDO MANISCALCO: ALL RIGHT.
05:11:28 >>MARTIN SHELBY: ONE LAST ITEM, MR. CHAIRMAN.
05:11:31 COULD COUNCIL TAKE UP ITEM NUMBER 10?
05:11:35 MS. JOHNSON-VELEZ, THERE WAS AN ISSUE WITH THAT.
05:11:44 NUMBER 10, THERE'S A MEMO FROM ERIC COTTON OR E-MAIL
05:11:48 REQUESTING IT BE SCHEDULED FOR A FUTURE DATE WHEN COUNCIL
05:11:51 RESUMES REGULAR IN-PERSON SESSIONS AND THAT'S PER THE
05:11:54 REQUEST OF THE PETITIONER.
05:11:56 WE DON'T KNOW WHEN THAT'S GOING TO BE SO PERHAPS WE WOULD
05:11:59 SCHEDULE THAT ONE INTO THE NEW YEAR, JANUARY -- WELL, AN
05:12:05 EVENING SESSION.
05:12:06 SO I DON'T HAVE THE DAY CALENDAR.
05:12:08 >>MARTIN SHELBY: MAY I MAKE A SUGGESTION, MR. CHAIRMAN?
05:12:13 >>GUIDO MANISCALCO: SURE.
05:12:14 >>MARTIN SHELBY: IT APPEARS LIKELY, AS WE GET CLOSER,
05:12:18 DEFINITELY IN NOVEMBER AND INTO DECEMBER, THAT THE ODDS
05:12:26 INCREASE THAT WE WILL BE GOING BACK.
05:12:28 SO IF COUNCIL WISHES TO GO OVER, MY RECOMMENDATION IS IF
05:12:35 COUNCIL WISHES TO GO OVER THAT TEN ITEMS AND TO MAKE
05:12:38 THESE ELEVEN ITEMS, WE CAN ADD THIS TO THE DECEMBER ONE.
05:12:42 >>GUIDO MANISCALCO: WHY NOT?
05:12:43 ANY OBJECTION TO DECEMBER 10th?
05:12:46 SO THAT PUTS US AT 11 ITEMS.
05:12:49 AND WE'LL MAKE A NOTE NOT TO DO ANYTHING ELSE DECEMBER
05:12:53 10th AT 6 P.M.
05:12:55 HAVING SAID THAT, CAN WE GET A MOTION TO RESCHEDULE ITEM
05:12:59 NUMBER 10 TO DECEMBER 10th?
05:13:04 >>MARTIN SHELBY: MR. CHAIRMAN?
05:13:06 >>GUIDO MANISCALCO: YES.
05:13:07 >>MARTIN SHELBY: I BELIEVE THIS ONE REQUIRES, BECAUSE
05:13:08 THIS IS ALREADY BEEN PROPERLY NOTICED, THIS WOULD BE A
05:13:13 MOTION TO OPEN THIS ITEM AND THEN CONTINUE, IF IT WERE
05:13:18 CONTINUED.
05:13:18 >>GUIDO MANISCALCO: CAN WE GET A MOTION TO OPEN ALL THE
05:13:20 PUBLIC HEARINGS?
05:13:22 MIRANDA MOVE 1 THROUGH 13, SIR.
05:13:24 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
05:13:28 SECOND FROM COUNCILMAN GUDES.
05:13:30 ANY OBJECTION TO OPENING THE HEARING?
05:13:31 HEARING NONE, THERE WAS NO OBJECTION, THE HEARINGS ARE
05:13:35 OPEN.
05:13:36 NOW THAT THE HEARINGS ARE OPEN, CAN WE GET A MOTION TO
05:13:40 CONTINUE NUMBER 10 TO DECEMBER 10, 2020, 6:00 P.M.?
05:13:44 MOTION BY COUNCILMAN MIRANDA.
05:13:46 SECOND BY COUNCIL MEMBER GUDES.
05:13:48 ANY OBJECTION?
05:13:49 >>MARTIN SHELBY: ROLL CALL, PLEASE, ON THAT.
05:13:53 >>GUIDO MANISCALCO: ROLL CALL.
05:13:54 >>LUIS VIERA: YES.
05:13:57 >>ORLANDO GUDES: YES.
05:14:05 >>JOHN DINGFELDER: YES.
05:14:07 >>GUIDO MANISCALCO: YES.
05:14:09 >>BILL CARLSON: YES.
05:14:11 >>JOSEPH CITRO: YES.
05:14:13 >>CHARLIE MIRANDA: YES.
05:14:14 >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
05:14:16 >>GUIDO MANISCALCO: THAT SETTLES THAT.
05:14:22 WE WILL BEGIN WITH ITEM NUMBER 1.
05:14:24 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
05:14:27 COUNCIL MEMBERS, THIS IS A REVIEW HEARING FOR AN SU-1
05:14:31 SPECIAL USE PERMIT PURSUANT TO --
05:14:33 >>MARTIN SHELBY: MR. CHAIRMAN, I'M SORRY TO INTERRUPT.
05:14:36 MS. JOHNSON-VELEZ, FORGIVE ME.
05:14:40 THESE ARE QUASI-JUDICIAL SO IN A SENSE THEY CAN BE HELD
05:14:44 AS REGULAR PLANNING MEETINGS BECAUSE PLANNING COMMISSION
05:14:46 IS NOT GOING TO BE PRESENT, REQUIRES THE WITNESSES TO BE
05:14:48 SWORN.
05:14:50 EACH INDIVIDUAL HEARING.
05:14:53 >> DO YOU SWEAR OR A FIRM YOU WILL TELL THE TRUTH, THE
05:14:56 WHOLE TRUTH AND NOTHING BUT THE TRUTH?
05:14:59 >> YES.
05:15:00 >>THE CLERK:
05:15:06 >>SUSAN JOHNSON-VELEZ: THIS IS A HEARING FOR SU-1,
05:15:14 27-61.
05:15:15 AN SU-1 SPECIAL USE PERMIT IS ONE THAT HAS ALREADY BEEN
05:15:19 DETERMINED TO BE AN ALLOWED USE IF IT MEETS THE CODE
05:15:22 CRITERIA FOR THAT USE THAT IS FOUND IN SECTION 27-132 FOR
05:15:27 THE SPECIFIC USE, IN THIS CASE A SINGLE-FAMILY RESIDENCE
05:15:32 AND ALSO MEETS THE CODE CRITERIA IN SECTION 27-129 WITH
05:15:37 GENERAL STANDARDS APPLICABLE TO ALL SPECIAL USE
05:15:39 APPLICATIONS.
05:15:40 THE SPECIFIC CRITERIA FOR AN EXTENDED FAMILY RESIDENCE
05:15:43 ARE INCLUDED IN PAGE 2 OF YOUR STAFF REPORT.
05:15:46 THIS APPLICATION DOES NOT MEET THE CODE CRITERIA, SO
05:15:50 STAFF DISCUSS NOT APPROVE THE REQUEST BECAUSE STAFF
05:15:53 CANNOT GRANT WAIVERS TO THE CODE CRITERIA.
05:15:56 THEY ARE HERE TO REQUEST THE PETITIONER HAS THE BURDEN TO
05:16:02 PROVE THEY MEET THE CRITERIA FOR A WAIVER. THIS IS
05:16:05 DE NOVO WHICH MEANS YOU ARE NOT LIMITED IN YOUR REVIEW TO
05:16:07 THE INFORMATION, OR ETHICS UPON WHICH STAFF BASED ITS
05:16:11 DECISION.
05:16:11 YOU MUST APPLY THE CRITERIA WITH THE EVIDENCE PRESENTED.
05:16:15 STAFF WILL PRESENT THE CASE TO YOU AND EXPLAIN THE
05:16:17 WAIVERS THAT ARE BEING REQUESTED, AND THEN FOLLOWING THE
05:16:20 HEARING, COUNCIL MAY TAKE ONE OF SEVERAL ACTIONS ON THIS
05:16:26 PERMIT APPLICATION.
05:16:27 COUNCIL MAY APPROVE IT, APPROVE WITH CONDITIONS, APPROVE
05:16:30 WITH WAIVERS, OR DENY THE APPLICATION.
05:16:33 IF COUNCIL APPROVES THE WAIVERS, YOU MAY DO SO IF YOU
05:16:36 FIND THAT THE APPLICATION AFTER GRANTING THE WAIVERS IS
05:16:39 CONSISTENT WITH THE APPLICABLE GENERAL STANDARDS SET
05:16:42 FORTH IN SECTION 27-129.
05:16:45 I WILL NOW TURN IT OVER TO ERIC COTTON.
05:16:48 >>GUIDO MANISCALCO: ERIC COTTON, TAKE IT AWAY.
05:16:51 >>ERIC COTTON: MAY I SHARE MY SCREEN?
05:17:00 IS IT ON?
05:17:00 >>GUIDO MANISCALCO: YES.
05:17:01 I CAN SEE IT.
05:17:03 >>ERIC COTTON: PLANNING AND DEVELOPMENT.
05:17:05 THIS IS A SPECIAL USE SU-1-20-13.
05:17:08 THE APPLICANT IS JESSICA MEIER.
05:17:11 HER PROPERTY AT 3203 EAST YUKON STREET FOR AN EXTENDED
05:17:17 FAMILY RESIDENCE.
05:17:18 THE PROPERTY IS ZONED RS OOH, SINGLE-FAMILY RESIDENCE.
05:17:25 STAFF DENIED THE REQUEST.
05:17:27 NOW, THERE'S A NUMBER OF CRITERIA THAT NEED TO BE MET, IN
05:17:32 THIS CASE, THE PROPOSED TO BE 140 SQUARE FEET.
05:17:41 AND THE ALLOWABLE HEIGHT FOR AN ACCESSORY STRUCTURE IS 15
05:17:45 FEET PER CODE. THIS IS PROPOSED TO BE AT 23.5, AND THE
05:17:51 REQUEST SETBACK WHICH IS SUPPOSED TO BE 16 FEET IS
05:17:55 PROPOSED TO BE AT 23.8.
05:17:57 SO YOU WILL SEE ON THE SCREEN BOLDED IN RED AN ACCESSORY
05:18:05 STRUCTURE AND EXTENDED FAMILY RESIDENCE.
05:18:07 EXCEPT FOR THE THREE CRITERIA THAT I JUST INDICATED, THE
05:18:14 REQUEST MET THE REQUIREMENT OF THE CODE.
05:18:17 THIS IS ON THE RIVER.
05:18:20 ON YUKON.
05:18:21 30th STREET.
05:18:23 NOT TOO FAR FROM BUSCH GARDENS.
05:18:25 THE PROPERTY IS THE ONE HIGHLIGHTED IN RED.
05:18:28 AND THIS IS A PICTURE OF THE SITE THE DAY I WENT OUT
05:18:33 THERE.
05:18:34 IF YOU HAVE ANY QUESTIONS, I WOULD BE MORE THAN HAPPY TO
05:18:37 TRY TO ANSWER THEM FOR YOU.
05:18:38 >>GUIDO MANISCALCO: ANY QUESTIONS FOR MR. COTTON?
05:18:40 >>CHARLIE MIRANDA: I HAVE A COMMENT, IF I MAY,
05:18:43 MR. CHAIRMAN.
05:18:43 >>GUIDO MANISCALCO: GO AHEAD.
05:18:44 >>CHARLIE MIRANDA: ERIC, DOES THIS MEAN THERE WAS OR WAS
05:18:49 NOT A PERMIT ISSUED TO BUILD THIS STRUCTURE?
05:18:56 >>ERIC COTTON: I WOULD HAVE TO CHECK THAT.
05:19:00 THEY ARE IN THE PERMITTING PROCESS.
05:19:03 THEY ARE COMING IN ESTABLISHING AS A SINGLE-FAMILY
05:19:07 RESIDENCE AND PUT IN THE FULL KITCHEN.
05:19:11 >>CHARLIE MIRANDA: I MEAN, I DON'T KNOW, BUT I WOULD
05:19:15 IMAGINE IT WASN'T A PERMIT.
05:19:21 WHAT HAPPENED A LONG TIME AGO.
05:19:23 I ONLY ASSUME THEN -- MAYBE UM WRONG -- I THINK THAT'S
05:19:32 THE EXTENDED FAMILY STRUCTURE CAN ONLY BE BUILT FOR TWO
05:19:35 RESIDENTS.
05:19:37 AM I CORRECT?
05:19:39 >>ERIC COTTON: YES, SIR.
05:19:40 >>CHARLIE MIRANDA: AND THOSE RESIDENTS DO NOT PAY RENT.
05:19:44 IS THAT CORRECT?
05:19:45 >>ERIC COTTON: THAT'S CORRECT.
05:19:46 MY UNDERSTANDING IS THE APPLICATION -- I AM NOT SAYING
05:19:48 THIS IS FOR HER OR HER MOTHER AND FATHER BUT THEY LIVE ON
05:19:53 THE PROPERTY.
05:19:54 >>CHARLIE MIRANDA: FAMILY MEMBERS?
05:20:06 >>ERIC COTTON: YES, SIR.
05:20:07 I BELIEVE SHE SUBMITTED A BIRTH CERTIFICATE.
05:20:09 >>CHARLIE MIRANDA: THANK YOU VERY MUCH.
05:20:11 >>GUIDO MANISCALCO: ANY FURTHER QUESTIONS FROM COUNCIL
05:20:14 MEMBERS?
05:20:14 COUNCILMAN DINGFELDER.
05:20:15 >>GUIDO MANISCALCO: THANK YOU, MR. CHAIRMAN.
05:20:17 CONTINUING ALONG THOSE LINES, MR. COTTON, WHEN I LOOK AT
05:20:24 THE CRITERIA, IT SPEAKS TO THE FACT THAT THE CITY
05:20:30 ALLEGEDLY CHECKS ON THIS ANNUALLY -- OBVIOUSLY NOT
05:20:36 NECESSARILY HER CONCERNS SINCE IT HASN'T BEEN APPROVED
05:20:39 YET, BUT SOMEWHERE I READ IN THIS PETITION THAT, YOU
05:20:44 KNOW, THAT THAT'S THE CASE, THAT WE HAVE SOME PROCESS
05:20:49 THAT WE GO BACK AND LOOK AT THESE S-1 FAMILY -- WHAT DO
05:20:56 THEY CALL THEM?
05:21:01 SO TELL ME ABOUT THAT A LITTLE BIT GENERICALLY SO I CAN
05:21:03 HAVE A GREATER CONFIDENCE IN THE PROCESS.
05:21:12 PRECOVID, THEY ARE NOT SCHEDULED THIS TIME OF YEAR, STAFF
05:21:17 SENDS OUT A LETTER TO REMIND EVERYBODY THIS IS TIME FOR
05:21:21 YOUR ANNUAL INSPECTION.
05:21:22 THEY GO OUT AND VERIFY WHO WAS APPROVED UNDER THE SPECIAL
05:21:26 USE AND WHO LIVES ON THE PROPERTY NOW.
05:21:33 NORMALLY THE PERSON GOES OUT THERE.
05:21:37 USED TO START GOING ON THESE ON AN ANNUAL BASIS. WE
05:21:41 DON'T NORMALLY ASK FOR AN IDENTIFICATION.
05:21:42 WHEN THERE'S A CHANGE IN THE CODE, THE MEIERS SELL THE
05:21:48 PROPERTY, THE NEXT OWNER DOESN'T GET A RIGHT TO USE THAT
05:21:51 WITHOUT GOING BACK THROUGH A SPECIAL USE PROCESS.
05:21:55 SO WE DO CHECK EVERY YEAR.
05:21:56 >>JOHN DINGFELDER: APPROXIMATELY HOW MANY OF THESE DO WE
05:21:59 HAVE?
05:22:03 >>ERIC COTTON: I WOULD GUESS AROUND 30 TO 35.
05:22:06 >>JOHN DINGFELDER: OH, THAT'S ALL?
05:22:07 OKAY.
05:22:08 AND ARE PEOPLE CHARGED A FEE FOR THIS ANNUAL INSPECTION,
05:22:11 OR IS THIS SOMETHING --
05:22:15 >>ERIC COTTON: IT'S SOMETHING WE JUST DO.
05:22:16 >>JOHN DINGFELDER: DO YOU RECALL OVER THE LAST COUPLE OF
05:22:21 YEARS COMING ACROSS SITUATIONS WHERE SOMEBODY HAS
05:22:26 TRANSITIONED FROM -- AND WE HAD TO POINT OUT THAT PROBLEM
05:22:31 TO THEM?
05:22:34 >>ERIC COTTON: ACTUALLY, NO.
05:22:35 WE NORMALLY FIND OUT THE EXTENDED FAMILY IS NO LONGER
05:22:40 NEEDED DUE TO FAMILY CIRCUMSTANCES CHANGING, AND IN THOSE
05:22:44 CASES, THEY ARE SUPPOSED TO -- THE ABILITY TO COOK AND
05:22:51 220 OUTLET SO YOU CAN'T COME BACK IN.
05:22:54 WE DO VERIFY THAT PORTION OF IT.
05:22:56 >>JOHN DINGFELDER: AND MY LAST QUESTION IS, THE EXTENDED
05:23:03 FAMILY RESIDENCE SHOULD BE LIMITED TO A MAXIMUM OF 600
05:23:06 SQUARE FEET.
05:23:11 WASN'T PART OF YOUR DENIAL ACCORDING TO THE STAFF REPORT,
05:23:14 SAYS YOU DENIED IT ON THE BASIS OF HEIGHT AND SETBACK.
05:23:18 BUT IT REQUESTS 240 EXTRA SQUARE FEET AS WELL?
05:23:24 >>ERIC COTTON: YES.
05:23:27 THAT WAS ONE OF THE REASONS FOR DENIAL, YES.
05:23:29 >>JOHN DINGFELDER: OKAY.
05:23:34 LET'S READ IN THE REPORT ON PAGE 1.
05:23:36 AND IT DOESN'T INCLUDE --
05:23:42 >>ERIC COTTON: YES, IT WAS DENIED FOR THREE REASONS.
05:23:44 THE SQUARE FOOTAGE, THE HEIGHT AND THE SETBACK.
05:23:47 >>JOHN DINGFELDER: I JUST WANTED TO POINT THAT OUT.
05:23:51 THANK YOU.
05:23:51 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:23:53 ARE THERE ANY OTHER QUESTIONS FROM COUNCIL MEMBERS?
05:23:55 >>ORLANDO GUDES: WHO ACTUALLY GOES OUT AND DOES THE
05:24:00 CHECK?
05:24:07 >>ERIC COTTON: I'M SORRY, YOU ARE BREAKING --
05:24:11 >>ORLANDO GUDES: IF THEY ARE IN COMPLIANCE OR OUT OF
05:24:15 COMPLIANCE, IS THAT --
05:24:17 >>ERIC COTTON: IT'S THE ZONING OFFICE.
05:24:18 IT'S OUR OFFICE.
05:24:19 >>ORLANDO GUDES: AND THEY GO OUT?
05:24:27 >>ERIC COTTON: YES, SIR.
05:24:28 EVERY TIME A SPECIAL USE IS APPROVED, FOR SINGLE-FAMILY
05:24:31 RESIDENCE, THE STAFF MEMBER WHO USED TO DO IT RETIRED
05:24:35 LAST FEBRUARY OF 2020.
05:24:37 SO WE HAVEN'T DONE THAT INSPECTION FOR THE -- THIS IS THE
05:24:41 TIME OF YEAR WE NORMALLY INSPECT, IN OCTOBER.
05:24:44 BUT WE ARE PROBABLY NOT GOING TO DO INSPECTIONS THIS
05:24:47 YEAR.
05:24:49 DUE TO COVID.
05:24:50 >>GUIDO MANISCALCO: ALL RIGHT, SIR.
05:24:56 ANYTHING ELSE, COUNCILMAN GUDES?
05:24:59 >>ORLANDO GUDES: NO, SIR.
05:25:00 THANK YOU.
05:25:00 >>GUIDO MANISCALCO: ANY OTHER COUNCIL MEMBERS?
05:25:03 HEARING NONE, ANYTHING ELSE, MR. COTTON?
05:25:06 >>ERIC COTTON: NO, SIR.
05:25:07 >>GUIDO MANISCALCO: ALL RIGHT.
05:25:08 WE DO HAVE THE APPLICANT ON THE LINE WHO HAS BEEN SWORN
05:25:11 IN, IF YOU WOULD PLEASE STATE YOUR NAME AND GO AHEAD.
05:25:14 YOU CAN SPEAK.
05:25:15 >> MY NAME IS JESSICA MEIER.
05:25:19 THANK YOU FOR HAVING ME.
05:25:20 THE MOTHER-IN-LAW HOUSE WILL BE JUST NEXT TO THE MAIN
05:25:23 HOUSE.
05:25:24 THERE ARE NO TREES ON THE LAND, AND THE PLACE IS PERFECT,
05:25:32 IT IS NOT ON THE WATER DIRECTLY AND IT'S NOT DOWNHILL.
05:25:36 THE SETBACKS WE WOULD LIKE TO REDUCE FROM 60 TO 23, AND
05:25:41 THE HEIGHT FROM 15 TO 23.5.
05:25:45 WHO IS LIVING THERE, THE EXTENDED FAMILY RESIDENTS MAY
05:25:48 ONLY BE APPROVED WHEN THE MAIN RESIDENT IS THE OWNER AS
05:25:53 WE ARE FOUR GENERATIONS LIVING TOGETHER.
05:25:55 MY GRANDSON IS THREE YEARS OLD WHO IS DEAF AND WE TAKE
05:26:01 CARE OF HIM. MY PARENTS MARIA AND ROMO.
05:26:03 THE DAUGHTER IS ME, JESSICA, AND MY DAUGHTER JUSTINE WHO
05:26:07 IS 16 YEARS OLD.
05:26:09 I CAN SHOW YOU A PICTURE HERE OF US ALL LIVING TOGETHER
05:26:13 RIGHT NOW.
05:26:14 AND WE LOVE TO LIVE TOGETHER AS WE COME FROM AN ITALIAN
05:26:19 GRANDMOTHER.
05:26:20 WE HAVE HELPED EACH OTHER AND IT WILL BE OUR BIGGEST WISH
05:26:23 TO HAVE THE MOTHER-IN-LAW HOUSE NEXT TO THE MAIN HOUSE
05:26:25 WHERE MY PARENTS WOULD LIVE, AND THERE WILL BE NO CHARGE
05:26:29 FOR RENT, AND WE ARE OKAY, YOU KNOW, WITH CONTROL,
05:26:38 PERFECT FOR US AS WE LIVE TOGETHER.
05:26:40 ALL THE IMPORTANT REQUIREMENTS ARE OTHERWISE ALL CONFORM
05:26:43 TO THE LAW.
05:26:44 AND THE SETBACKS IS BETTER, THAT IS IT SITS NEXT TO THE
05:26:50 HOUSE, IF THE SETBACK WOULD BE LIKE ON THE LOT.
05:26:54 IT WOULD BE VERY CLOSE TO THE RIVER, WHICH WOULD BE VERY
05:26:57 FAR DOWNHILL.
05:27:01 FOR REASONS, IT IS BETTER TO HAVE THE HOUSE NEXT TO THE
05:27:03 MAIN HOUSE.
05:27:04 PLUS THERE ARE ALLIGATORS IN THE RIVER.
05:27:06 BUT, YEAH, IN THE NAME OF MY DAUGHTER, MY GRANDPARENTS,
05:27:11 MY PARENTS AND I, WE WOULD LIKE YOU TO APPROVE THIS
05:27:15 SPECIAL USE SO WE CAN ALL LIVE TOGETHER FOUR GENERATIONS
05:27:17 AND HAVE ENOUGH SPACE.
05:27:20 THANK YOU SO MUCH.
05:27:20 >>GUIDO MANISCALCO: ANY QUESTIONS FOR THE APPLICANT BY
05:27:23 COUNCIL MEMBERS?
05:27:24 >>JOSEPH CITRO: IF I MAY, MR. CHAIR.
05:27:28 >>GUIDO MANISCALCO: COUNCILMAN CITRO.
05:27:30 >>JOSEPH CITRO: IS THERE A KITCHEN IN THIS ACCESSORY
05:27:33 STRUCTURE?
05:27:34 >> IN THE SPECIAL USE YOU MEAN?
05:27:39 >>JOSEPH CITRO: YES, MA'AM.
05:27:39 >> ON THE PLAN THERE IS A SMALL KITCHEN.
05:27:44 AND IT CAN BE CHANGED ON THE PLAN, WHATEVER IS NEEDED.
05:27:48 >>JOSEPH CITRO: THANK YOU VERY MUCH.
05:27:50 THANK YOU, MR. CHAIR.
05:27:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:27:52 ANY OTHER COUNCIL MEMBERS WITH ANY COMMENTS OR QUESTIONS?
05:27:56 COUNCILMAN DINGFELDER.
05:27:57 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
05:27:59 MA'AM, YOU MIGHT HAVE ANSWERED THIS ALREADY AND IF YOU
05:28:04 DID I APOLOGIZE.
05:28:05 MR. MIRANDA WAS INQUIRING EARLIER ABOUT CONSTRUCTION ON
05:28:13 THIS ALREADY STARTINGS, YOU GUYS GOT RED TAGGED WITH
05:28:18 SOMETHING?
05:28:19 >> IT'S NOT STARTED YET.
05:28:21 FIRST WE NEED TO HAVE YOUR APPROVAL, AND THEN WE WOULD
05:28:24 ASK FOR THE PERMIT, AND THEN IT WOULD START.
05:28:26 RIGHT NOW THERE IS NOTHING DONE.
05:28:28 SO IT'S EMPTY, NO TREES, NOTHING.
05:28:35 >>JOHN DINGFELDER: WHEN I LOOK AT THE PICTURE, IT
05:28:38 APPEARS THAT THERE'S SOME WOODS, ALL WOODS IN THE BACK OF
05:28:42 THE HOUSE.
05:28:43 IS SOMETHING UNDER CONSTRUCTION THERE?
05:28:45 >> WHICH PICTURE?
05:28:52 >>JOHN DINGFELDER: THE ONLY PICTURE I SEE ON THE STAFF
05:28:54 REPORT ON PAGE 3.
05:28:57 ERIC, CAN YOU PUT THAT UP?
05:28:59 >> THERE IS MAYBE THE DECK, THE WOOD DECK ON THE OTHER
05:29:04 SIDE OF THE HOUSE.
05:29:05 >>JOHN DINGFELDER: MAYBE I'M TOTALLY MISCONSTRUING.
05:29:10 CAN YOU PUT UP PAGE 3?
05:29:14 >>ERIC COTTON: CAN I SHARE THE SCREEN?
05:29:16 >>JOHN DINGFELDER: YOU ARE NOW.
05:29:26 >>ERIC COTTON: THERE WE GO.
05:29:27 THANK YOU.
05:29:27 >>JOHN DINGFELDER: DO YOU SEE THAT YELLOW?
05:29:34 >> YES, THAT IS A FINISHED PROJECT.
05:29:36 WE DID A PERMIT FOR LIKE A DOCK AND THIS IS FINISHED
05:29:42 ALREADY. THIS IS ALREADY GONE.
05:29:48 THAT WOULD BE THE HOUSE ON THE BACK, ON THE RIGHT SIDE OF
05:29:53 THE PICTURE.
05:29:54 >>JOHN DINGFELDER: AND MY LAST QUESTION, MA'AM, PART OF
05:30:01 WHAT YOU ARE ASKING FOR IS SORT OF A WAIVER OF THE SIDE
05:30:05 YARD SETBACK.
05:30:07 IS THERE A PROPERTY OWNER OR RESIDENCE ON THAT SIDE, THE
05:30:12 SIDE THAT YOU ARE GOING TO BE BUILDING TOWARD, WITH THIS
05:30:16 GRANDMOTHER SUITE?
05:30:18 >> YOU MEAN IF WE HAVE NEIGHBORS JUST NEXT DOOR?
05:30:21 >>JOHN DINGFELDER: DO YOU HAVE NEIGHBORS ON THAT SIDE,
05:30:23 WHICH I DON'T KNOW WHICH DIRECTION THAT IS.
05:30:25 IT'S HARD TO TELL.
05:30:26 >> THE WEST.
05:30:29 >>JOHN DINGFELDER: THE WEST SIDE.
05:30:30 >> YEAH.
05:30:35 THE NEIGHBORS KNOW ALREADY THAT WE ALL LIVE TOGETHER, AND
05:30:39 THIS IS ALSO A FAMILY WHO LIVES TOGETHER WITH A GRANDMA,
05:30:43 AND WE ARE, YOU KNOW, THEY ARE -- WE ARE VERY GOOD
05:30:46 NEIGHBORS, AND THEY ARE LIKE ALREADY ALL LIVING TOGETHER
05:30:52 SO THEY DON'T HAVE ANY -- THEY LIVE ON THE LEFT SIDE,
05:30:55 YES, ONE NEIGHBOR.
05:30:56 >>JOHN DINGFELDER: SO MY QUESTION SPECIFICALLY IS, YOU
05:31:02 HAVE SENT THEM A NOTICE LETTER.
05:31:05 ARE THEY AWARE OF THIS PROPOSAL?
05:31:07 DID THEY HAVE ANY OBJECTION TO IT?
05:31:09 >> OH, THEY DON'T -- [~AUDIO DISTORTION~]
05:31:21 >>GUIDO MANISCALCO: ANYTHING ELSE, MR. DINGFELDER?
05:31:23 >>JOHN DINGFELDER: NO.
05:31:24 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:31:25 ANYBODY ELSE?
05:31:26 ALL RIGHT.
05:31:27 IS THERE ANY PUBLIC COMMENT FOR THIS ITEM?
05:31:30 ANYTHING, ANY DOCUMENT, ANYTHING ON THIS?
05:31:35 >>THE CLERK: NO DOCUMENTS WERE RECEIVED AND NO ONE
05:31:41 REGISTERED TO SPEAK ON THIS ITEM.
05:31:42 >>GUIDO MANISCALCO: IS THERE ANYONE AT THE TAMPA
05:31:46 CONVENTION CENTER?
05:31:48 >>AILEEN ROSARIO: THERE'S NO ONE HERE TO SPEAK ON THIS
05:31:50 ITEM.
05:31:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:31:52 IF THERE IS NO OTHER DISCUSSION, MAY I HAVE A MOTION TO
05:31:55 CLOSE THE PUBLIC HEARING?
05:31:58 >>CHARLIE MIRANDA: SO MOVED.
05:31:59 >>GUIDO MANISCALCO: MOTION TO CLOSE FROM COUNCILMAN
05:32:01 MIRANDA, SECOND BY COUNCILMAN GUDES.
05:32:03 IS THERE ANY OBJECTION?
05:32:04 HEARING NONE, BY UNANIMOUS CONSENT, WITHOUT ANY
05:32:06 OBJECTION, THE HEARING IS CLOSED.
05:32:08 WHAT IS THE PLEASURE OF COUNCIL FOR ITEM NUMBER 1?
05:32:11 >>JOSEPH CITRO: MR. CHAIR, IF I MAY.
05:32:20 >>GUIDO MANISCALCO: YES, SIR, MR. CITRO.
05:32:22 GO AHEAD.
05:32:23 >>JOSEPH CITRO: FILE NUMBER SU-1-20-13-C, ON THAT
05:32:29 PETITION, I MOVE TO OVERTURN THE ZONING ADMINISTRATOR'S
05:32:33 DENIAL OF THE SU-1 APPLICATION WHICH IS SU-1-20-13-C,
05:32:41 BECAUSE THE PETITIONER DEMONSTRATED THE PETITION MEETS
05:32:44 THE SPECIFIC STANDARDS SET FORTH IN 27-132, GENERAL
05:32:49 STANDARDS SET FORTH IN SECTION 27-129.
05:32:56 FOR PUBLIC HEALTH, GENERAL SAFETY AND WELFARE FOR
05:33:00 PROPOSED DEVELOPED AND OPERATED ACCORDING TO THE PLANS
05:33:03 SUBMITTED, THE USE WILL NOT ESTABLISH A PRECEDENT OR
05:33:07 ENCOURAGE MORE COMPATIBLE USES IN THE SURROUNDING AREA.
05:33:12 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
05:33:16 >>ORLANDO GUDES: SECOND.
05:33:17 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
05:33:19 ROLL CALL VOTE.
05:33:20 >>LUIS VIERA: YES.
05:33:22 >>ORLANDO GUDES: YES.
05:33:30 >>JOHN DINGFELDER: NO.
05:33:34 >>GUIDO MANISCALCO: YES.
05:33:35 >>BILL CARLSON: YES.
05:33:37 >>JOSEPH CITRO: YES.
05:33:39 >>CHARLIE MIRANDA: YES.
05:33:41 >> MOTION CARRIED UNANIMOUSLY.
05:33:42 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
05:33:46 >>THE CLERK: CORRECTION.
05:33:53 MOTION CARRIED WITH DINGFELDER VOTING NO.
05:33:55 >>JOHN DINGFELDER: THANK YOU.
05:33:56 >>GUIDO MANISCALCO: THE APPLICATION HAS BEEN APPROVED.
05:34:00 THANK YOU VERY MUCH.
05:34:02 ALL RIGHT.
05:34:04 WE TOOK CARE OF ITEM NUMBER 2 AND 3.
05:34:06 ITEM NUMBER 4.
05:34:07 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
05:34:11 >>MARTIN SHELBY: I'M SORRY, MS. VELEZ, IF WE CAN BEGIN
05:34:15 BY MAKING SURE THE PETITIONER IS PRESENT OR THE APPLICANT
05:34:18 AND SWEAR IN THE WITNESSES FOR EACH INDIVIDUAL HEARING.
05:34:20 >>GUIDO MANISCALCO: I WILL DO THAT AT THE BEGINNING OF
05:34:22 EVERYTHING.
05:34:22 IS THE APPLICANT PRESENT?
05:34:24 IF YOU ARE, PLEASE TURN OWN YOUR CAMERA AND UNMUTE
05:34:27 YOURSELF AND RAISE YOUR RIGHT HAND SO WE CAN SWEAR YOU
05:34:29 IN.
05:34:41 >> GOOD EVENING.
05:34:42 >> DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
05:34:47 WHOLE TRUTH AND NOTHING BUT THE TRUTH?
05:34:50 >> I DO.
05:34:52 >>THE CLERK: AND THE CLERK'S OFFICE DID RECEIVE WRITTEN
05:34:54 COMMENTS ON THIS ITEM AND ONE REGISTERED SPEAKER.
05:34:58 >>GUIDO MANISCALCO: MOVE TO RECEIVE AND FOIL THOSE
05:35:00 DOCUMENTS LATER.
05:35:01 MS. JOHNSON-VELEZ.
05:35:02 >>SUSAN JOHNSON-VELEZ: THANK YOU.
05:35:05 THIS IS A REVIEW HEARING FOR DESIGN EXCEPTION 1
05:35:09 APPLICATION, ALTERNATIVE DESIGN EXCEPTION IS ONE THAT
05:35:11 ALLOWS MINOR DEVIATIONS FROM STRICT APPLICATION OF THE
05:35:16 LAND DEVELOPMENT CODE SUBJECT TO THE LIMITATIONS
05:35:18 DESCRIBED IN THE CODE.
05:35:19 CRITERIA APPLIES WHEN EVALUATING AN ALTERNATIVE DESIGN
05:35:23 EXCEPTION ARE FOUND IN SECTION 27-335 OF THE LAND
05:35:29 DEVELOPMENT CODE.
05:35:30 THE PETITION DID NOT MEET THAT LAND CODE CRITERIA, IN
05:35:35 THIS CASE FOR A SKATEBOARD RAMP WHOSE REQUIREMENTS ARE
05:35:38 CONTAINED IN 27-290.9.
05:35:44 CRITERIA IN THE CODE, TO THE EVIDENCE PRESENTED, THOSE
05:35:46 CRITERIA ARE FOUND IN PAGES 2 TO 3 OF YOUR STAFF REPORT.
05:35:51 THIS HEARING IS DE NOVO WHICH MEANS YOU ARE NOT LIMITED
05:35:53 IN YOUR REVIEW TO THE INFORMATION, DOCUMENTATION OR
05:35:56 EVIDENCE UPON WHICH STAFF BASED ITS DECISION.
05:35:59 COUNCIL MAY IMPOSE REASONABLE CONDITIONS UPON THE DESIGN
05:36:02 EXCEPTION SO IT WILL BE COUNCIL'S PLEASURE TO APPROVE THE
05:36:06 DESIGN EXCEPTION AND ENSURE THE PUBLIC'S HEALTH, SAFETY
05:36:11 AND GENERAL WELFARE ARE PROTECTED, AND STAFF WILL NOW
05:36:15 PRESENT THE CASE REVIEW AND EXPLAIN WHAT IS BEING
05:36:18 REQUESTED.
05:36:20 FOLLOWING THE PRESENTATION OF THE EVIDENCE AND TESTIMONY
05:36:22 IT WILL BE UP TO COUNCIL TO EITHER UPHOLD DENIAL OF THIS
05:36:25 DESIGN EXCEPTION OF THE CLASS 4 OVERTURN THE DENIAL.
05:36:31 YOU MAY IMPOSE REASONABLE -- [~AUDIO DISTORTION~]
05:36:37 >>ERIC COTTON: PLANNING AND DEVELOPMENT.
05:36:39 SHARE MY SCREEN, PLEASE.
05:36:58 COULD IT COULD I AM NOT SURE WHY IT'S SET UP THE WAY IT
05:37:00 IS.
05:37:00 I APOLOGIZE.
05:37:01 THIS IF APPLICANT IS RYAN CLEMENTS FOR PROPERTY AT 6012
05:37:06 RIVER TERRACE.
05:37:06 THE PROPERTY OWNER IS ASKING FOR A SKATEBOARD RAMP.
05:37:14 SO THE PROPERTY IS ZONED SEMINOLE HEIGHTS RESIDENTIAL
05:37:19 SINGLE-FAMILY.
05:37:19 THE PROPERTY OWNER IS ON THE RIVER, AND I WILL SHOW YOU
05:37:23 THE AERIAL IN A MOMENT.
05:37:26 IF YOU RECALL, EARLIER THIS YEAR, 27-290.9 SKATEBOARD
05:37:34 RAMP WAS ENACTED BY COUNCIL WITH SPECIFIC STANDARDS.
05:37:37 IN THIS CASE THE APPLICANT IS ASKING TO INCREASE THE
05:37:40 WIDTH TO, THE LENGTH FROM 22 FEET TO 155 FEET AND THE
05:37:47 HATE [~AUDIO DISTORTION~]
05:37:50 DESIGN STAFF REVIEWED THE REQUEST AND FOUND IT DID NOT
05:37:54 MEET THE REQUIREMENTS OF SECTION 27-60.
05:37:57 THE CODE USES THE MINIMUM POSSIBLE.
05:38:00 THE WIDTH IS AN INCREASE OF 150%.
05:38:03 THE LENGTH 600 PERCENT.
05:38:04 AND THE HEIGHT INCREASE IS -- (AUDIO DROPPED)
05:38:11 HIGHLIGHTED IN YELLOW, THIS IS THE SITE PLAN.
05:38:14 HIGHLIGHTED IN YELLOW IS THE SKATEBOARD RAMP.
05:38:17 AND YOU CAN SEE FROM THE AERIAL, IT IS ON THE RIVER.
05:38:24 AND THE PHOTOS, IF YOU LOOK DOWN WHERE YOU CAN SEE THE
05:38:33 TRAMPOLINE, YOU CAN SEE PARTS OF THE SKATEBOARD RAMP.
05:38:38 HERE AND HERE.
05:38:40 I GUESS SKATE UP AND SKATE BACK DOWN. THIS IS A PHOTO OF
05:38:45 THE PROPERTY ON ONE SIDE OF IT IS A SINGLE-FAMILY HOME.
05:38:50 AND ON THE OTHER SIDE OF THE PROPERTY, THIS IS A VIEW
05:38:52 LOOKING AT THE PROPERTY.
05:38:54 YOU CAN SEE THE WOODEN FENCE BETWEEN THIS SIDE AND THE
05:38:57 PROPERTY ON THE OTHER NORTHERN PORTION OF THE SITE.
05:39:08 DOES COUNCIL HAVE ANY QUESTIONS REGARDING THE REQUEST?
05:39:10 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS FOR THE
05:39:12 GENTLEMAN?
05:39:12 ANY QUESTIONS?
05:39:13 >>JOHN DINGFELDER: READING THE STAFF REPORT, I WAS
05:39:21 READING THE RESPONSE FROM THE PETITIONER.
05:39:27 THERE SEEMS TO BE A DISPUTE IN TERMS OF WHAT THE ACTUAL
05:39:31 LENGTH OF THIS IS.
05:39:35 >> YES.
05:39:37 ABSOLUTELY.
05:39:37 >>JOHN DINGFELDER: HOLD YOUR COMMENTS, MR. CLEMENTS,
05:39:41 UNTIL --
05:39:42 >> YES, SIR.
05:39:43 >>JOHN DINGFELDER: BUT ANYWAY, IN REGARD -- CAN YOU
05:39:47 SPEAK TO THAT, ERIC?
05:39:49 HE SEEMS TO WANT TO CONFINE IT TO I GUESS THE ELEVATED
05:39:52 AREA.
05:39:53 AND YOU GUYS LOOK LIKE IT'S INCLUDING PERHAPS PORTIONS OF
05:39:57 THE DRIVEWAY.
05:39:59 OR IF YOU WOULD RATHER WAIT TILL AFTER HE MAKES HIS
05:40:05 PRESENTATION.
05:40:05 IT'S UP TO YOU.
05:40:09 >>ERIC COTTON: CAN WE GO BACK TO THE SITE PLAN?
05:40:11 MY UNDERSTANDING IS MR. CLEMENTS IS SAYING THIS IS NOT
05:40:13 155 FEET LONG.
05:40:16 THAT NUMBER, I APOLOGIZE IF IT DOESN'T SHOW ON THE
05:40:21 SCREEN.
05:40:22 THAT'S A NUMBER THAT WAS PRESENTED BY THE URBAN DESIGN
05:40:24 STAFF.
05:40:25 FROM THIS POINT TO THIS.WAS 155 FEET.
05:40:31 THE DRIVEWAY FROM THE STREET TO THE PROPERTY WHERE THE
05:40:37 APPLICANT'S HOME IS --
05:40:38 >>MARTIN SHELBY: I'M SORRY TO INTERRUPT, BUT I CAN'T SEE
05:40:40 WHAT MR. COTTON IS REFERRING TO.
05:40:43 ARE YOU SHARING YOUR SCREEN, SIR?
05:40:46 >>ERIC COTTON: I THOUGHT I WAS.
05:40:47 >>GUIDO MANISCALCO: BACK TO THE CAMERA VIEW.
05:40:52 >>MARTIN SHELBY: COUNCIL, IF YOU CAN'T SEE IT FOR ANY
05:41:04 REASON, PLEASE CHIME IN.
05:41:06 EXCUSE ME, MR. COTTON.
05:41:07 IT'S NOW SHOWING ON MY SCREEN AS TWO SMALL SLIDES, AND
05:41:11 IT'S REALLY, REALLY DIFFICULT IF NOT IMPOSSIBLE TO READ
05:41:15 IT.
05:41:15 SO I DON'T KNOW IF YOU CAN GET ONE BIG SLIDE.
05:41:21 >>ERIC COTTON: I APOLOGIZE.
05:41:23 DOES THIS HELP?
05:41:25 >>MARTIN SHELBY: YES.
05:41:26 >>JOHN DINGFELDER: YES.
05:41:28 >>ERIC COTTON: I APOLOGIZE.
05:41:29 >>MARTIN SHELBY: THANK YOU.
05:41:32 >>ERIC COTTON: WHEN THE PART IS HIGHLIGHTED IN YELLOW, IS
05:41:37 THE PARK THAT WE IDENTIFIED AS THE SKATEBOARD RAMP BY
05:41:41 URBAN DESIGN.
05:41:42 HE HAS A DRIVEWAY THAT RUNS THE ENTIRE LENGTH OF THE
05:41:46 PROPERTY.
05:41:47 AND YOU CAN SEE ALL THE WAY BACK ALONG HERE, I DO NOT
05:41:52 BELIEVE THAT WAS CALCULATED AS PART OF THE SKATEBOARD
05:41:56 RAMP BUT I COULD BE INCORRECT.
05:41:58 I'LL LET MR. CLEMENTS COMMENT ON THAT.
05:42:01 BUT THAT WAS MY UNDERSTANDING WHEN IT WAS REVIEWED AND
05:42:05 DENIED THAT WAS THE BASIS AND PROBABLY CAME UP WITH THE
05:42:08 MEASUREMENT OF 155.
05:42:11 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
05:42:12 >>GUIDO MANISCALCO: ANY OTHER QUESTIONS?
05:42:15 HEARING NONE, MR. CLEMENTS.
05:42:18 >>JOSEPH CITRO: I APOLOGIZE.
05:42:21 MR. COTTON?
05:42:23 >>ERIC COTTON: YES, SIR.
05:42:24 >>JOSEPH CITRO: WOULD THIS CLASSIFY AS AN ACCESSORY
05:42:29 STRUCTURE?
05:42:29 >> I DON'T BELIEVE UNDER 27-290.9 WHEN THE SECTION OF THE
05:42:36 CODE WAS ADOPTED IT DEFINED SKATEBOARD RAMP AS ACCESSORY.
05:42:42 >>JOSEPH CITRO: WHAT ARE THEY DEFINED AS, SIR?
05:42:48 >>ERIC COTTON: THEY ARE PERMITTED AS ACCESSORY STRUCTURE
05:42:50 BUT NOT INDIVIDUAL LIKE A SHED OR A DETACHED GARAGE.
05:42:57 SO 27-290 AS THE STANDARD FOR ACCESSORY STRUCTURE IS
05:43:05 SUBSET OF STANDARD SO IT HAS ITS OWN CRITERIA THAT HAS TO
05:43:09 BE MET BY THE CODE.
05:43:10 >>JOSEPH CITRO: IS THE CRITERIA FOR THESE SKATEBOARD
05:43:14 RAMPS, DO THEY HAVE TO MEET SETBACKS?
05:43:23 >>ERIC COTTON: UM, NO, SIR.
05:43:28 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
05:43:35 >>GUIDO MANISCALCO: ANY OTHER QUESTIONS BY COUNCIL
05:43:36 MEMBERS?
05:43:37 COUNCILMAN MIRANDA.
05:43:38 >>CHARLIE MIRANDA: I JUST WANT TO MAKE A CONFIRMATION
05:43:41 THAT 155 FEET, JUST TO GIVE YOU WHAT 120 FEET IS, AND IF
05:43:50 IT'S CORRECT.
05:43:51 FROM HOME TO SECOND BASE IS 120 FEET.
05:43:59 IF IT'S CORRECT, 155, THAT WOULD BE IN ADDITION, CENTER
05:44:07 FIELD OF 35 FEET.
05:44:10 IF THIS IS CORRECT.
05:44:12 >>JOHN DINGFELDER: SO, MR. MIRANDA, DOES THE INFIELD FLY
05:44:19 RULE COUNT HERE?
05:44:22 [ LAUGHTER ]
05:44:22 IN ALL SERIOUSNESS, IN RESPONSE TO MR. CITRO'S QUESTION,
05:44:26 27-290.9, WHAT THE STAFF REPORT SAYS, SKATEBOARD RAMPS
05:44:33 MUST MEET THE REQUIRED SETBACKS.
05:44:38 AS ESTABLISHED IN THE ADJOURNED LINING ZONING DISTRICT.
05:44:41 >>CHARLIE MIRANDA: I WOULD IMAGINE THAT SETBACK AND
05:44:45 HEIGHT RESTRICTION.
05:44:46 THAT WAY, YOU DON'T HAVE ANY -- WITH YOUR NEIGHBORS IF
05:44:53 YOU DO HAVE A NEIGHBOR.
05:44:54 >>JOSEPH CITRO: THANK YOU.
05:44:57 >>JOHN DINGFELDER: OUR NEW CODE SAYS 8-FOOT WIDTH, THE
05:45:04 LIMIT 22-FOOT LENGTH AND 3 FEET HEIGHT.
05:45:07 THAT'S IN THE STAFF REPORT.
05:45:08 >>GUIDO MANISCALCO: OKAY.
05:45:20 ANYBODY ELSE?
05:45:21 HEARING NONE, MR. CLEMENTS, GO AHEAD, SIR.
05:45:23 >> GOOD EVENING.
05:45:25 MAY I PLEASE SHARE MY SCREEN?
05:45:27 >>GUIDO MANISCALCO: ALL RIGHT.
05:45:42 YES, I SEE IT.
05:45:43 >> THANK YOU.
05:45:45 YOU SEE THE DRIVEWAY FROM THE STREET VIEW DOWN, SAME
05:45:48 PHOTO THAT YOU HAVE SEEN.
05:45:53 [~AUDIO DISTORTION~] I'M A TAMPA RESIDENT OF 40 YEARS
05:45:59 HERE IN TAMPA.
05:46:17 OWN BUSINESSES AND PROPERTY IN TAMPA.
05:46:21 WORK IN THE SKATEBOARDING INDUSTRY.
05:46:29 [~AUDIO DISTORTION~] IN THE OTHER PHOTO ON THE BOTTOM
05:46:34 RIGHT, YOU CAN'T EVEN SEE IT FROM HOW FAR MY HOME IS FROM
05:46:44 THE STREET, AND MY RAMP SNOT EVEN VISIBLE OR VERY
05:46:51 INVISIBLE FROM THE STREET, AND A COUPLE SHOTS OF MY
05:46:53 FAMILY.
05:46:54 WHEN I DON'T TRAVEL FOR WORK I SPEND A LOT OF TIME AT
05:46:57 HOME AND I CAN ESSENTIALLY LIVE ANYWHERE IN THE COUNTRY
05:46:59 AND DO MY JOB BUT I CHOOSE TO LIVE HERE IN TAMPA.
05:47:07 THE SAME AS ANY OTHER AERIAL VIEW.
05:47:10 AND NO DIFFERENT THAN ANYTHING ELSE FROM MY NEIGHBORS.
05:47:25 UNSOLICITED NOTES I GOT, SENT OUT A LETTER ABOUT THIS
05:47:27 MEETING TO THEM.
05:47:29 MR. CLEMENT HAS ALWAYS BEEN A GOOD NEIGHBOR, AND --
05:47:40 [~AUDIO DISTORTION~] AND A TEXT FROM ANOTHER NEIGHBOR.
05:47:45 LET ME KNOW IF I CAN DO ANYTHING TO HELP.
05:47:50 THIS IS SHOWING THAT I PUT IN -- RESTRICTIONS OF THE
05:48:06 SKATE BOARDS THEMSELVES.
05:48:09 AND WHERE WE ARE NOT SEEING EYE TO EYE HERE IS ALL THAT
05:48:14 AREA THAT YOU ARE CONSIDERING 155 FEET LONG IS THE ACTUAL
05:48:21 BLACK -- FLAT CONCRETE ON THE DRIVEWAY SO IT IS TRULY AN
05:48:26 EXTENSION OF MY DRIVEWAY WITH SMALL RIDEABLE OBSTACLES
05:48:30 SPRINKLED THROUGHOUT.
05:48:32 SO EVERYTHING I PROPOSE IS SIGNIFICANTLY SMALLER THAN
05:48:35 WHAT I ALREADY HAVE.
05:48:36 OF COURSE I AM MANAGING THE PROJECT MYSELF, BECAUSE
05:48:39 THAT'S HOW YOU DO PROJECTS LIKE THIS.
05:48:41 AND YOU WORKED FOR SEVERAL MONTHS WITH THE PEOPLE OF THE
05:48:45 CITY AHEAD OF TIME TO MAKE SURE THIS WOULD PASS, AND THEN
05:48:47 OF COURSE THE CODE WAS CREATED.
05:48:55 THIS SETBACK, THE RAMP, 155 FEET, THAT'S THE LENGTH OF
05:49:02 ALL OF THE CONCRETE IN ITS ENTIRETY, EXISTING RAMP UP
05:49:11 TOWARDS THE STREET.
05:49:12 SO ALL THE CONCRETE IS BEING CONSIDERED, AND THE LENGTH
05:49:18 TIMES WIDTH AS WELL, THAT'S NOT DEFINED IN THE CODE AT
05:49:21 ALL SO NO ONE WOULD KNOW WHAT IS THE LENGTH OR WIDTH OF
05:49:24 THE RAMP.
05:49:25 I WILL GET THAT IN A MINUTE.
05:49:27 AND THEN SAYING THAT I WANT THE RAMPS 4.7 FEET TALL,
05:49:31 THAT'S NOT TRUE EITHER.
05:49:32 THE TALLEST OBSTACLES IS UNDER 3 FEET SO I AM NOT SURE
05:49:35 WHERE THAT CAME FROM.
05:49:44 SO I WANT TO SHOW YOU THIS PHOTO HERE, NOT SURE WHAT THE
05:50:05 DEFINITION OF THE SKATEBOARD RAMP IS.
05:50:13 IF YOU TAKE A LOOK AT THE -- THAT'S IN NEW YORK CITY.
05:50:22 ON THE BOTTOM RIGHT IS A --
05:50:26 ON THE TOP RIGHT, THAT'S DOWNTOWN LOS ANGELES.
05:50:32 ON THE BOTTOM LEFT IS THAT'S A DRIVEWAY ON COLUMBUS DRIVE
05:50:38 THAT WAS RECENTLY MADE THAT I SAW IN THE LAST THREE WEEKS
05:50:43 CONSTRUCTION, AND THAT RAMP IS ACTUALLY ON OBSTACLE I WAS
05:50:58 GOING TO BUILD ON MY DRIVEWAY, BUT THAT'S A DRIVEWAY.
05:51:02 BUT MINE IS CONSIDERED A SKATEBOARD RAMP.
05:51:04 FOR EXAMPLE, I COULD BUILD THESE PLANTERS BUT I COULD
05:51:06 BUILD THEM 10 BY 10 OR 20 BY 20, WITH PALMS IN THEM AND I
05:51:11 COULD PUT THEM ON RADIUSES, OR I COULD BUILD AT 70º
05:51:16 INSTEAD OF 90º AND THAT'S A SKATEBOARD RAMP.
05:51:19 SO THE DEFINITION ITSELF IS THE PROBLEM.
05:51:22 SO IF YOU [~AUDIO DISTORTION~]
05:51:28 WHY?
05:51:31 MY YARD IS 350 FEET DEEP.
05:51:34 A TENNIS COURT, TRAMPOLINE, SKATEBOARD RAMPS.
05:51:38 OKAY.
05:51:39 AND THEN --
05:51:51 TWO STORY ON THE RIVER AND GET A PERMIT FOR THAT.
05:51:54 I COULD PARK A 35-FOOT LONG 12-FOOT TALL RV IN MY
05:51:58 BACKYARD.
05:51:58 AND THE LIMIT ON MY HOUSE IS 35 FEET TALL.
05:52:01 AND THEN THE LENGTH OF THE SKATEBOARD RAMP.
05:52:05 SO THE DRIVEWAY ON THAT BUT IT'S NOT THE DRIVEWAY.
05:52:09 THAT'S FLAT CONCRETE, OKAY.
05:52:11 AND RAMPS ON SKATEBOARD RAMPS ARE INCLUDED IN THE
05:52:14 MEASUREMENT?
05:52:15 YOU COULD BUILD A BIG DECK OFF YOUR PROPERTY AND THEN A
05:52:18 SKATEBOARD RAMP AND YOU ARE INCLUDING LESS FROM THE HOUSE
05:52:23 ONTO THE RAMP.
05:52:25 AND THEN TECHNICALLY ON A SKATEBOARD RAMP, THAT RAMP IS
05:52:31 DETERMINED BY THE WIDTH OF THE DESKS, THE RADIUS OF THE
05:52:34 TRANSITION, AND ADDED ALL TOGETHER.
05:52:36 SO IT'S AN IRRELEVANT MEASUREMENT FOR A SKATEBOARD RAMP
05:52:40 BUT IT'S IN OUR CITY CODE.
05:52:43 IT'S AMBIGUOUS.
05:52:45 YOU CAN'T REALLY TELL -- [~AUDIO DISTORTION~] SO TALKING
05:52:50 ABOUT NO MATTER HOW SMALL, OR HOW BIG THE LOT OR HOW WIDE
05:53:01 THE LOT, A FENCE MUST BE INSTALLED.
05:53:07 MY PROPERTY IS -- [~AUDIO DISTORTION~]
05:53:13 AND THEN A FEW TREES.
05:53:16 SO YOU CAN BUILD A 22-FOOT LONG RAMP.
05:53:22 I ACCIDENTALLY WROTE WIDE THERE.
05:53:24 AND NOT A SINGLE -- THAT GROW TALL AND STRAIGHT, ON A
05:53:31 20-FOOT CENTER, IT DOESN'T SEEM TO MAKE ANY SENSE EITHER.
05:53:35 AND THEN SOUND-DAMPENING MATERIAL SUCH AS INSULATION,
05:53:38 FOAM BOARD SHEETING, OR SIMILAR METHODS.
05:53:42 SO HOW LOUD ARE URETHANE WHEELS ON CONCRETE.
05:53:48 I ASKED THE CITY THIS, AND THEY SAID, WELL, YOU MIGHT BE
05:53:50 MAKING LOUD NOISE WHEN YOU SKATE THE RAMPS, SO HOW GOOD
05:53:56 OF A SKATEBOARDER I AM, HOW LOUD I AM GOING TO BE ON MY
05:54:00 SKATEBOARD.
05:54:01 SO SCOOTERS ON THE RAMP, BOUNCING A BASKETBALL IS
05:54:09 SIGNIFICANTLY LOUDER THAN ANY SKATEBOARD ON RAMPS AT ALL.
05:54:14 AND A 20 YEAR PROFESSIONAL, NEVER HEARD OF THAT MATERIAL
05:54:24 EVER BEING USED.
05:54:32 THIS IS ACTUALLY IN THE CITY OF TAMPA JUST BEFORE THE
05:54:35 CODE WAS ENACTED.
05:54:45 IT'S MY FREEDOM AS A TAX PAYING CITIZEN OF THIS CITY.
05:54:57 -- IN THIS PROCEDURE.
05:55:00 ACTUALLY DON'T MAKE A TON OF SENSE WHEN IT COMES TO
05:55:03 SKATEBOARDING ON RAMPS.
05:55:10 CONSTRUCTION WASN'T INVOLVED AT ALL.
05:55:12 AND THEN SKATE BOARDS IN THE CITY OF TAMPA LIMITS, THEY
05:55:15 DON'T EVEN FALL WITHIN THE NEWLY WRITTEN CODES.
05:55:18 SO EVEN AT SKATE PARKS, GOING FORWARD WHAT'S GOING TO
05:55:24 HAPPEN WITH THOSE?
05:55:27 SO MY CONCLUSION, MY REQUEST HERE IS OBVIOUSLY --
05:55:35 PERMITS, WHATEVER WE NEED TO MAKE IT LEGIT.
05:55:45 THEY SHOULD BE CALCULATED CORRECTLY.
05:55:48 AND I WOULD LIKE TO ALSO REVISIT SKATEBOARD RAMPS IN
05:55:55 GENERAL, AND WILLING TO DONATE MY TIME AND EXPERTISE FOR
05:56:00 MY PROFESSIONAL COLLEAGUES AS WELL.
05:56:02 THAT'S THE END OF MY PRESENTATION.
05:56:04 AND THANK YOU VERY MUCH FOR HEARING ME OUT.
05:56:06 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:56:08 DO WE HAVE ANY QUESTIONS FROM COUNCIL?
05:56:10 COUNCILMAN DINGFELDER?
05:56:12 OR COUNCILMAN GUDES?
05:56:15 >>JOHN DINGFELDER: I DON'T HAVE A QUESTION, BUT I DO
05:56:25 HAVE A QUESTION WITH WHAT HE'S DONE.
05:56:28 SO GO AHEAD, COUNCILMAN GUDES.
05:56:30 >>ORLANDO GUDES: MR. CLEMENTS, WHEN I LOOKED AT THIS,
05:56:44 THIS CRITERIA.
05:56:54 >> IT'S WHAT I DO WITH MY FAMILY.
05:56:57 >>ORLANDO GUDES: YOU ARE A PROFESSIONAL.
05:56:58 >> I WORK IN THE SKATEBOARDING.
05:57:03 I USE THIS FOR FUN.
05:57:07 I DON'T LIKE TO SKATE WITH A BUNCH OF PEOPLE.
05:57:09 I USE IT ON MY OWN.
05:57:10 OF COURSE I HAVE FRIENDS OVER JUST LIKE ANYONE WOULD HAVE
05:57:13 FRIENDS OVER AND SKATE JUST LIKE YOU USE YOUR SWIMMING
05:57:16 POOL.
05:57:17 BUT ABSOLUTELY NOT, NOTHING LIKE THAT.
05:57:19 >>ORLANDO GUDES: THANK YOU, SIR.
05:57:21 >>GUIDO MANISCALCO: ANYBODY ELSE?
05:57:24 >>JOHN DINGFELDER: YES.
05:57:24 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
05:57:27 >>JOHN DINGFELDER: SO THERE IS AN OBJECTION IN THE FILE.
05:57:34 SO YOUR PROPERTY IS 6012 RIVER TERRACE.
05:57:40 THIS OBJECTION, I CAN'T REALLY READ HER NAME.
05:57:43 BUT IT'S 5715 RIVER TERRACE.
05:57:51 IT'S HARD TO KNOW EXACTLY HOW FAR AWAY THAT IS FROM YOUR
05:57:55 HOUSE, SIR.
05:57:57 IT SOUND LIKE IT MIGHT BE FOUR, FIVE, SIX PROPERTIES
05:58:02 AWAY.
05:58:02 >> YEAH.
05:58:05 >>JOHN DINGFELDER: DO YOU KNOW THIS PERSON?
05:58:08 >> NO, YOU DON'T.
05:58:09 NO ONE HAS SPOKEN TO ME AT ALL ABOUT THIS OTHER THAN WHAT
05:58:11 I SHARED WITH YOU.
05:58:12 >>JOHN DINGFELDER: IS THE OBJECTION LETTER IN THE FILE?
05:58:20 >> I HAVEN'T SEEN ANYTHING.
05:58:21 THIS IS ALL NEWS TO ME.
05:58:23 >>MARTIN SHELBY: MR. DINGFELDER, IS THERE A WAY TO MAKE
05:58:30 IT AVAILABLE TO THE APPLICANT?
05:58:31 >>JOHN DINGFELDER: DO YOU WANT ME TO HOLD IT UP LIKE
05:58:35 THAT, MARTY?
05:58:36 >>MARTIN SHELBY: CAN'T MAKE OUT THE NAME.
05:58:46 IT LOOKS LIKE MICHELLE.
05:58:48 I CAN'T MAKE OUT THE NAME.
05:58:50 DO YOU SEE THAT ON THE SCREEN NOW?
05:58:51 >> I DO.
05:58:52 I DO.
05:58:52 >>MARTIN SHELBY: PLEASE TAKE AN OPPORTUNITY TO LOOK AT
05:58:56 IT.
05:58:56 >> CHARACTERISTIC OF OUR NEIGHBORHOOD.
05:59:04 MY HOUSE WAS BUILT IN 85 AND LOOKS LIKE -- THAT DOESN'T
05:59:09 SEEM TO MAKE ANY SENSE TO ME.
05:59:14 (AUDIO CUTTING OUT)
05:59:16 AND I DON'T UNDERSTAND HOW THAT, TO A NONRESIDENT, WHAT
05:59:20 DIFFERENCE IT WOULD MAKE, AND A LISTING AGENT, REAL
05:59:29 ESTATE AGENT, ACTUALLY USED PICTURES OF MY RAMPS AND SAID
05:59:33 SKATEBOARD NEXT DOOR, USED IT AS A HIGHLIGHT.
05:59:37 AND I DON'T KNOW HOW FAR 5716 IS FROM MY HOUSE.
05:59:42 I AM NOT FAMILIAR WITH THE PERSON.
05:59:52 YES, SURE, NEVER BEEN CHALLENGED.
05:59:55 THEY NEED TO BE REVISED.
05:59:58 THEY DON'T ALLOW PEOPLE TO BUILD WHAT THEY WANT TO BUILD
06:00:01 AND WITHIN ABSOLUTE REASON.
06:00:02 >>JOHN DINGFELDER: THANK YOU, SIR.
06:00:07 JUST OUT OF FAIRNESS, I WILL NOTE THAT THE NEIGHBOR
06:00:10 ACROSS THE STREET PROVIDED A LETTER, I DON'T KNOW WHOEVER
06:00:15 PUT THAT LAST ONE UP MIGHT WANT TO PUT THIS ONE UP, SHIP
06:00:22 ANDERSON.
06:00:23 IT SAYS HE'S DIRECTLY ACROSS THE STREET.
06:00:25 SAYS MR. CLEMENTS HAS BEEN A GOOD NEIGHBOR, IN NO WAY IS
06:00:30 THIS A DISTRACTION OR A PROBLEM WITH THE NEIGHBOR.
06:00:34 HE WOULD ASK US TO GRANT THIS. ANYWAY, JUST OUT OF
06:00:37 FAIRNESS.
06:00:41 I DON'T KNOW IF THOSE TWO ARE THE ONLY ONES WE RECEIVED.
06:00:45 MADAM CLERK, DO YOU HAVE ANY OTHERS?
06:00:51 >> THERE ARE SIX OR SEVEN IN THERE.
06:00:53 MOST OF THEM -- THERE'S ANOTHER ONE -- SORRY, MR. CHAIR.
06:00:58 THERE'S ANOTHER ONE THAT ALLEGES THAT THE ORIGINAL
06:01:01 STRUCTURE WAS PUT IN WITHOUT A PERMIT.
06:01:04 MAYBE YOU WANT TO RESPOND TO THAT TOO.
06:01:06 >> WANT ME TO RESPOND?
06:01:12 >>BILL CARLSON: YES.
06:01:12 >> YES, THAT'S TRUE BECAUSE I DIDN'T KNOW I NEEDED A
06:01:15 PERMIT SO I WENT BACK AND GOT IT COMPLETELY PERMITTED,
06:01:18 BUILD TO CODE.
06:01:20 THAT'S OHIO YOU BUILD SKATEBOARD RAMPS, CROSS SECTION,
06:01:24 ELEVATION SURVEY, GOT PERMITS FOR THAT.
06:01:26 THE ONLY REASON I DID THAT IN THE FIRST PLACE, I DIDN'T
06:01:28 REALIZE THAT I NEEDED A PERMIT TO BUILD SKATEBOARD RAMPS.
06:01:32 >>SUSAN JOHNSON-VELEZ: LEGAL DEPARTMENT.
06:01:37 COUNCIL, I JUST WANT TO REMIND YOU THERE'S BEEN A LOT OF
06:01:40 TESTIMONY ABOUT CHANGING THE SKATEBOARD RAMP CODE
06:01:45 SECTION, BUT THE CRITERIA THAT YOU MUST EVALUATE DESIGN
06:01:51 EXCEPTION IS THE CRITERIA FOR REVIEW IN SECTION 27-60
06:01:56 THAT ARE SET FORTH ON PAGES 2 AND 3 OF YOUR STAFF REPORT.
06:01:59 SO THOSE ARE THE CRITERIA THAT YOU HAVE TO EVALUATE, AND
06:02:03 YOU MUST EVALUATE IT BASED ON THE CURRENT SKATEBOARD CODE
06:02:06 NOT WITHSTANDING ANY CHANGES THAT MIGHT BE PROPOSED OR
06:02:09 MADE, YOU HAVE TO BASE IT OFF EVIDENCE THAT'S AVAILABLE
06:02:15 TODAY.
06:02:16 >> MAY I PLEASE SPEAK AGAIN?
06:02:22 UNDERSTOOD.
06:02:23 I DIDN'T KNOW HOW ELSE TO ADDRESS CITY COUNCIL AND THESE
06:02:26 CODES AND DISCUSS THEM.
06:02:28 SO WITH THAT IN MIND, CONSIDERING IT'S 155 FEET AND IT'S
06:02:33 FLAT CONCRETE THAT I WOULD LIKE YOU TO TAKE INTO
06:02:35 CONSIDERATION THESE RAMPS ARE SIGNIFICANTLY SMALLER THAN
06:02:38 155 FEET.
06:02:40 THEY ARE ACTUALLY QUITE SMALLER.
06:02:42 I DON'T KNOW WHAT SPECIFICALLY THE LONGEST ONE IS BUT
06:02:44 IT'S PROBABLY 8 OR 10 FEET.
06:02:47 SO IT DOESN'T GO OUTSIDE OF THOSE NUMBERS.
06:02:52 IF YOU DON'T COUNT THE FLAT CONCRETE.
06:02:55 THE FLAT CONCRETE CAN BE PARKED ON, TURNED AROUND ON, SO
06:02:59 THAT'S MY DRIVEWAY, AND EXTENSION OF IT.
06:03:01 I JUST HAPPEN TO HAVE THESE RAMPS ON THERE AS WELL.
06:03:03 THANK YOU.
06:03:04 >>JOSEPH CITRO: MR. CHAIR, IF I MAY.
06:03:07 >>GUIDO MANISCALCO: COUNCILMAN CITRO.
06:03:08 >>JOSEPH CITRO: MS. JOHNSON-VELEZ, WHEN I BROUGHT UP
06:03:13 THIS THING ABOUT ACCESSORY STRUCTURE AND MEETING SETBACK,
06:03:16 CAN I HAVE CONDITIONS AS TO SETBACKS?
06:03:24 >>SUSAN JOHNSON-VELEZ: YOU MAY IMPOSE REASONABLE
06:03:26 CONDITIONS, MR. CHAIR -- I'M SORRY, MR. CITRO, TO ENSURE
06:03:29 THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, YES.
06:03:32 YOU MAY IMPOSE CONDITIONS IF IT'S COUNCIL'S DESIRE TO
06:03:35 APPROVE THE DESIGN EXCEPTION.
06:03:37 >>JOSEPH CITRO: THANK YOU.
06:03:37 MR. CLEMENTS, BEING A FORMER GRASSER MYSELF, WHEN I WAS
06:03:43 VERY, VERY YOUNG,
06:03:45 HAS IT BEEN A THOUGHT OF YOURS TO PLACE THIS FURTHER AWAY
06:03:50 FROM THE PROPERTY MARKER?
06:03:54 >> ABSOLUTELY.
06:03:54 I'M HAPPY TO DO THAT.
06:03:57 I DO HAVE ONE OF THE RAMPS -- [~AUDIO DISTORTION~] AND
06:04:01 THAT WAS ONE I GOT THE PERMIT, THOSE WHEN YOU GOT STOPPED
06:04:04 DURING CONSTRUCTION THE FIRST TIME WHEN I WANTED TO GET
06:04:07 PERMITS.
06:04:07 SO I NEVER FINISHED THE BACK OF THAT RAMP.
06:04:10 SO IT'S OVER THE SETBACK.
06:04:14 I AM MORE THAN HAPPY TO FINISH THAT RAMP UP AND -- OFF
06:04:19 THE PROPERTY, NO PROBLEM WHATSOEVER.
06:04:21 ABSOLUTELY.
06:04:21 I WANT TO COME TO A REASONABLE CONCLUSION HERE.
06:04:24 I WANT TO BE BUILD WHAT I WANT TO BUILD.
06:04:27 I DON'T WANT TO MAKE A BIG NUISANCE TO ANY OF MY
06:04:31 NEIGHBORS.
06:04:32 I REALLY AM NOT AT ALL -- FAMILY AND FRIEND, MAJORITY OF
06:04:37 MY NEIGHBORS.
06:04:40 SO ABSOLUTELY WILLING TO COMPROMISE.
06:04:41 >>JOSEPH CITRO: THANK YOU VERY MUCH.
06:04:43 MR. CHAIR, I VOICED MY CONCERN.
06:04:45 THANK YOU, MS. JOHNSON VELEZ.
06:04:47 >>SUSAN JOHNSON-VELEZ: YOU'RE WELCOME, SIR.
06:04:51 >>GUIDO MANISCALCO: POINT OF ORDER, COUNCILMAN CARLSON.
06:04:58 >>BILL CARLSON: TAKE MR. DINGFELDER FIRST?
06:05:01 >>MARTIN SHELBY: A POINT OF ORDER WAS RAISED.
06:05:03 >>JOHN DINGFELDER: YOU MIGHT HAVE DONE THIS ALREADY.
06:05:05 I APOLOGIZE IF YOU HAVE.
06:05:06 HAVE WE ASKED ABOUT THE CONVENTION CENTER?
06:05:10 >>GUIDO MANISCALCO: WE HAVEN'T FINISHED WITH THE PUBLIC
06:05:12 COMMENT YET.
06:05:12 WE ARE STILL ON QUESTIONS BY COUNCIL MEMBERS.
06:05:16 >>JOHN DINGFELDER: BECAUSE I SEE THERE'S FOUR OR FIVE
06:05:18 LETTERS IN HERE IN THE FILE AND I WAS JUST WONDERING IF
06:05:22 ANYBODY ELSE WAS THERE.
06:05:24 >>GUIDO MANISCALCO: ALL RIGHT.
06:05:25 COUNCILMAN CARLSON, DO YOU HAVE ANYTHING, SIR?
06:05:28 >>BILL CARLSON: YES.
06:05:30 AND TO THE APPLICANT, MAYBE THEY WILL SHOW IT TO YOU WHEN
06:05:34 THEY ARE ONLINE, BUT SEEING THE SAME THING OVER AND OVER
06:05:40 AGAIN.
06:05:42 MS. JOHNSON-VELEZ, STOP ME IF I GO INTO AN AREA THAT I
06:05:46 SHOULDN'T.
06:05:47 BUT AS I REMEMBER IT, A PARTICULAR COMPLAINT, PERHAPS
06:05:57 SURROUNDING NEIGHBORS WHO ARE WORRIED ABOUT THE
06:06:00 SKATEBOARD -- WE ARE NOT LOOKING TO REDO THE ORDINANCE
06:06:08 TONIGHT.
06:06:08 WE CAN DO THAT LATER IF YOU WANT.
06:06:11 BUT IT MIGHT BE A CONCERN OF YOURS IN A PROFESSIONAL WAY,
06:06:17 OR ARE YOU, WHAT ARE THE WAYS THAT YOU MIGHT MITIGATE THE
06:06:20 SOUND?
06:06:22 THE ORDINANCE HAS SOME RESTRICTIONS, BUT HOW WOULD A
06:06:27 PROFESSIONAL MITIGATE THE SOUND PROBLEM?
06:06:29 >> YEAH.
06:06:34 THE WAY -- [NO ENCODER] [NO ENCODER]
06:07:00 NOW, YOU ARE SEWAGE THAT SOMEONE IS JUMP IN THE AIR AND
06:07:04 SMASHING DOWN AND ALL OF THAT.
06:07:11 I'M OLDER THAN SOME OF YOU ON HERE.
06:07:12 THAT'S NOT WHAT'S HAPPENING.
06:07:14 SO I THINK I FEEL LIKE THE NOISE PART OF IT IS A MOOT
06:07:19 POINT, BECAUSE THAT'S LIKE SAYING, OKAY, WE DON'T WANT
06:07:22 YOU TO DIVE INTO YOUR POOL THAT'S ONLY 3 FEET DEEP, SO
06:07:26 YOU CAN'T BUILD IT NEXT TO YOUR HOUSE BECAUSE YOU MAY
06:07:28 JUMP INTO IT.
06:07:29 SO COULD IT BE LOUD?
06:07:33 COULD IT AT THE TOP OF THE RAMP BE LOUD?
06:07:35 YES.
06:07:35 BUT YOU CAN'T EVEN HEAR ME SKATE THE RAMP FROM THE
06:07:38 STREET.
06:07:39 PLUS IT DOESN'T MAKE ANY NOISE.
06:07:40 NOT TO MENTION, JUST RIDING BICYCLES ON IT OR SCOOTERS,
06:07:45 YOU CAN'T HEAR IT AT ALL.
06:07:47 SO THE WAY THE CODE NEEDS TO BE REWRITTEN WOULD BE LIKE
06:07:50 SEPARATING WOOD AND CONCRETE, SO IT DOESN'T EVEN APPLY.
06:07:57 INSULATED OR BOX IT IN, OR SHRUBBERY ALL THE WAY AROUND
06:08:01 IT AND THAT SORT OF THING.
06:08:03 THE OTHER THING I WOULD SUGGEST IS LIMITATIONS, YOU KNOW,
06:08:06 YOU CAN'T USE IT AFTER DARK, OR THAT SORT OF THING, A
06:08:11 WOOD RAMP.
06:08:11 BUT THAT WOOD RAMP THAT I HAD IN MY PRESENTATION, THE
06:08:14 REALLY, REALLY BIG ONE, I HAVE BEEN THERE AND YOU CAN
06:08:20 BARELY HEAR THEM BECAUSE OF BIKE TIRES ON THE RAMP.
06:08:23 SO WE ARE ASSUMING SOMEONE IS GOING TO RIDE SOMETHING ON
06:08:26 THERE THAT'S GOING TO BE LOUD.
06:08:28 BUT IT'S NOT GOING TO BE LOUD AT ALL.
06:08:33 >>GUIDO MANISCALCO: WE WILL NOW GO TO PUBLIC COMMENT.
06:08:38 DO WE HAVE ANYBODY REGISTERED TO SPEAK ON THE PHONE OR
06:08:42 ANYBODY AT THE CONVENTION CENTER?
06:08:44 >>THE CLERK: WE DID HAVE GERALDINE HOLLOWAY, BUT SHE HAS
06:08:49 NOT SHOWED UP.
06:08:50 BUT SHE ALSO SUBMITTED HER WRITTEN COMMENTS ON THIS ITEM.
06:08:57 >>GUIDO MANISCALCO: I SAW IT BRIEFLY.
06:08:58 ANYONE AT THE TAMPA CONVENTION CENTER?
06:09:02 >>AILEEN ROSARIO: THIS IS PLANNING AND DEVELOPMENT.
06:09:04 WE HAVE NO ONE HERE ON THIS ITEM.
06:09:05 THANK YOU.
06:09:05 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:09:09 THAT SETTLES PUBLIC COMMENT.
06:09:11 ANY OTHER QUESTIONS OR COMMENTS FROM CITY COUNCIL
06:09:13 MEMBERS?
06:09:16 IF THERE'S NONE, WE CAN HAVE A MOTION TO CLOSE.
06:09:19 >> MOSS TO -- MOVE TO CLOSE.
06:09:22 >>GUIDO MANISCALCO: COUNCIL MEMBER SHELBY, YOU ARE
06:09:24 MUTED.
06:09:25 >>MARTIN SHELBY: I SEE MR. DINGFELDER WANTED TO BE
06:09:27 RECOGNIZED
06:09:33 JUST A CHANCE TO HAVE SOME CLOSING WORDS BEFORE YOU CLOSE
06:09:37 THE HEARING.
06:09:39 BY THE WAY, IF THERE'S ANYTHING THAT COUNCIL WANTS TO DO
06:09:41 RELATIVE TO CONTINUING A CASE ASK THE PETITIONER WHETHER
06:09:49 OR NOT THEY AGREE, OR I'M NOT SUGGESTING THAT'S THE CASE,
06:09:54 BUT BEFORE THE PUBLIC HEARING IS CLOSED, THAT WOULD BE
06:10:01 IDEAL.
06:10:04 AND REBUTTAL.
06:10:05 >>JOHN DINGFELDER: THANK YOU, MR. CHAIR.
06:10:16 THE MAJOR OPPONENT ON THIS, PROBABLY GENERATED THE
06:10:18 NEIGHBORS.
06:10:23 I'M SORRY SHE'S NOT ONLINE TO ACTUALLY SPEAK TO US
06:10:26 TONIGHT.
06:10:26 SHE SAYS SHE OWNS THE PROPERTY DIRECTLY ACROSS THE
06:10:29 STREET.
06:10:37 I DON'T KNOW IF SHE LIVES THERE.
06:10:39 >> I THINK I MAY KNOW WHO YOU ARE SPEAKING ABOUT NOW.
06:10:41 >>JOHN DINGFELDER: OLD HOLD ON ONE SECOND.
06:10:47 SHE SPEAKS FOR THE VARIANCES THAT SHE CLAIMS -- THAT'S
06:10:54 FOR US TO DISCUSS.
06:10:55 BUT ONE OF THE THINGS AT THE BOTTOM THAT CONCERNS
06:10:57 METROPOLITAN A LITTLE BIT, AND I WANT MR. CLEMENTS TO
06:10:59 SPEAK TO IT BEFORE WE CLOSE, SHE SAID THE FOUNDER AND
06:11:05 GENERAL MANAGER OF A COMPANY, AND COMPANY HEADQUARTERS,
06:11:08 SKATEBOARD PARK, AND THEN SHE GOES ON TOP SAY THE
06:11:12 APPLICANT ORGANIZES SKATEBOARD EVENTS LOCALLY AND
06:11:17 INTERNATIONALLY AND SAYS SEVERAL TIMES A YEAR THE
06:11:19 APPLICANT HOSTS TRADE EVENTS AT HIS RESIDENCE, THE EVENTS
06:11:22 ATTENDED BY HUNDREDS OF SKATEBOARDERS WHO TAKE OVER THE
06:11:26 NEIGHBORHOOD, AND GENERALLY SHOWS NO RESPECT FOR OTHERS,
06:11:33 DRIVEWAY AND ADVERSELY IMPACTS THE NEIGHBORHOOD.
06:11:36 I AM NOT GOING TO GET INTO WHETHER OR NOT THE
06:11:37 SKATEBOARDERS HAVE OR HAVE NOT BEEN POLITE IN THE PAST.
06:11:42 IT DOES CONCERN ME A LITTLE BIT IN TERMS OF -- AND MAYBE
06:11:45 THIS IS SOMETHING IN ADDITION TO WHAT MR. CITRO SUGGESTED
06:11:50 ABOUT HOURS OF OPERATION.
06:11:52 SOME OF YOU ALL MENTIONED, MAYBE MR. CLEMENTS HIMSELF,
06:11:55 PERHAPS WE CAN HAVE A REASONABLE LIMITATION ON THE NUMBER
06:11:58 OF GUESTS THAT MR. CLEMENTS MIGHT HAVE AT ANY GIVEN TIME
06:12:04 SO THIS DOESN'T BECOME AN EXTENSION OF HIS COMMERCIAL
06:12:07 VENTURE.
06:12:07 I'M SURE THAT'S NOT YOUR INTENT, MR. CLEMENTS, BUT IT'S
06:12:11 OUR JOB TO PROTECT YOUR PROPERTY RIGHTS BUT TO PROTECT
06:12:16 THE RIGHTS OF YOUR NEIGHBORS.
06:12:18 SO THERE'S ALWAYS A BALANCE THERE.
06:12:21 SO THAT'S WHERE I AM COMING FROM.
06:12:22 IS THERE ANYTHING REASONABLE THAT YOU MIGHT SUGGEST, MR.
06:12:25 CLEMENTS, IN TERMS OF LIMITING THE NUMBER OF PEOPLE YOU
06:12:29 MIGHT HAVE THERE AT ANY GIVEN TIME?
06:12:31 >> YES.
06:12:32 THANK YOU FOR THE OPPORTUNITY TO RESPOND TO THAT.
06:12:36 SO I HAVE HAD PARTIES THERE BEFORE.
06:12:38 OF COURSE.
06:12:39 IT'S MY HOUSE.
06:12:41 IN NO WAY WAS IT COMMERCIAL.
06:12:42 THERE WAS NO COMMERCIAL OPPORTUNITY FOR ME TO DO THAT.
06:12:45 I WAS MERELY HOSTING PEOPLE THAT WERE IN TOWN.
06:12:48 IT'S A VERY UNIQUE DRIVEWAY.
06:12:55 BECAUSE OF THE INDUSTRY AND WHAT I DO, THERE ARE PICTURES
06:12:57 OF IT ONLINE.
06:12:58 SO OF COURSE MY NEIGHBORS DIDN'T KNOW ABOUT THAT.
06:13:03 AND I HAD PEOPLE OVER, BUT YOU HAVE DONE THAT ALSO THAT I
06:13:10 HAD STARTED BUILDING A DRIVEWAY BEFORE I FOUNDED THE
06:13:13 COMPANY COMPANIES THAT I CURRENTLY OWN.
06:13:15 SO IT WAS NOT A COMMERCIAL VENTURE IN ANY CAPACITY.
06:13:20 I HAVE NO LIGHTS THERE AT ALL.
06:13:23 YOU CAN'T SKATE PAST DARK EVER.
06:13:30 TALKING ABOUT WHEN THE POLICE CAME OUT TO THE HOUSE FOR
06:13:32 NOISE, AND IT WAS FOR MUSIC.
06:13:34 TURNED THE MUSIC OFF.
06:13:35 89 WAS NOT FOR SKATEBOARDING.
06:13:38 >>JOHN DINGFELDER: JUST CUT TO THE CHASE.
06:13:41 IS THERE ANY SUGGESTION THAT YOU CAN HELP US OUT WITH?
06:13:46 I AM NOT TRYING TO LIMIT YOUR ABILITY TO HAVE -- [~AUDIO
06:13:54 DISTORTION~]
06:13:55 >> JUST LIKE ANYONE ELSE WHO HAS A PARTY FOR 100 PEOPLE.
06:13:58 YOU CAN'T -- AS I EXPLAINED TO THE POLICE, I'M NOT HAVING
06:14:04 AN EVENT.
06:14:05 I'M HAVING A PARTY.
06:14:07 AND I HAD PEOPLE FOR MY HOUSE FOR MY KIDS' BIRTHDAY PARTY
06:14:13 THAN I DID FOR THIS PARTICULAR PARTY.
06:14:15 SO I DON'T KNOW WHY I WOULD BE LIMITED ON THE NUMBER OF
06:14:18 PEOPLE I CAN HAVE IN MY HOUSE.
06:14:20 IF THAT'S THE ONLY WAY TO PASS THAT, I AM MORE THAN HAPPY
06:14:22 TO TALK ABOUT IT.
06:14:23 BUT TO LIMIT THE GUESTS AT MY HOUSE, THAT'S LIKE HAVING A
06:14:29 POOL AND YOU ARE GOING TO HAVE A PARTY.
06:14:31 >>JOHN DINGFELDER: I AM NOT TRYING TO LIMIT THE NUMBER
06:14:32 OF PEOPLE YOU HAVE AT YOUR HOUSE --
06:14:42 BUT SUGGESTING LIMITING THE NUMBER OF PEOPLE THAT ARE
06:14:44 SKATEBOARDING.
06:14:45 >> SO LET'S SAY THERE ARE 100 PEOPLE AT MY HOUSE.
06:14:49 MAYBE 15 WERE SKATEBOARDING.
06:14:50 YOU CAN ONLY SKATEBOARD ONE OR TWO AS IT IS.
06:14:54 SO IT'S NOT -- YOU CAN'T SKATE A BUNCH OF PEOPLE AT A
06:15:01 TIME.
06:15:01 SO IT DOESN'T SEEM LIKE A WAY TO REGULATE WHAT I AM
06:15:08 DOING.
06:15:11 NEVER AT DARK, NEVER INTEND ON PUTTING LIGHTS OUT.
06:15:14 I'M AN EARLY RISER.
06:15:15 I CANNOT SKATE BEFORE A CERTAIN TIME.
06:15:19 I CAN STOP SKATING BEFORE A CERTAIN TIME.
06:15:22 BUT THE NUMBER OF PEOPLE I AM ALLOWED TO HAVE IN MY
06:15:24 DRIVEWAY, AND SAY, OKAY, ONLY 22 PEOPLE ARE ALLOWED TO
06:15:28 SKATE.
06:15:30 A NEIGHBOR CALLS THE POLICE AND DICTATE HOW MANY PEOPLE
06:15:34 ARE SKATING AT A TIME.
06:15:36 IT'S NOT LIKE WE ARE GOING DO I KNOW A SLIPPERY SLOPE OF
06:15:38 HOW MANY PEOPLE I CAN HAVE ON MY RAMPS.
06:15:41 >>GUIDO MANISCALCO: ALL RIGHT.
06:15:45 COUNCILMAN DINGFELDER, ANYTHING ELSE?
06:15:46 >>JOHN DINGFELDER: I WOULD LIKE TO LISTEN TO OTHER
06:15:55 COUNCIL MEMBERS, AND NUMBER OF SKATEBOARDERS ON IT AT ANY
06:16:04 GIVEN TIME.
06:16:05 MR. CLEMENTS, THAT'S WHAT YOU SAID, ANY MORE THAN THAT
06:16:09 MIGHT NOT BE SAFE ANYWAY.
06:16:10 SO I'M NOT SAYING YOU CAN'T HAVE SPECTATORS.
06:16:16 I AM NOT SAYING YOU CAN'T HAVE A PARTY.
06:16:18 BUT THERE WAS A CONCERN EXPRESSED HERE THAT THIS COULD
06:16:23 BECOME AN EXTENSION OF YOUR COMMERCIAL VENTURE, AND I
06:16:25 THINK IT'S OUR JOB TO TRY TO KEEP IT FROM HAPPENING, AS
06:16:28 WELL AS I LIKE NO SKATING AFTER DARK.
06:16:33 THAT'S REASONABLE.
06:16:34 >> YES, ABSOLUTELY.
06:16:35 AND TEN PEOPLE AT A TIME, IT'S NOT POSSIBLE TO SKATE TEN
06:16:38 PEOPLE AT A TIME SO I AM MORE THAN HAPPY TO SAY NOT MORE
06:16:40 THAN TEN PEOPLE AT ONE TIME WILL BE SKATING ON MY
06:16:43 DRIVEWAY.
06:16:43 >>GUIDO MANISCALCO: COUNCILMAN CITRO, I BELIEVE YOU ARE
06:16:49 NEXT, SIR.
06:16:50 >>JOSEPH CITRO: THANK YOU VERY MUCH MR. CHAIRMAN.
06:16:52 MY MAIN CONCERN WAS THE PROPOSED SKATEBOARD AREA BEING SO
06:16:58 CLOSE TO THE NEIGHBOR'S PROPERTY, BEING SO CLOSE TO YOUR
06:17:01 PROPERTY.
06:17:02 AND MS. VELEZ, WOULD YOU PLEASE FOLLOW ME ON THIS PART
06:17:05 AND SEE IF I CAN WORK THIS OUT?
06:17:09 WOULD YOU BE WILLING TO MOVE IT TO THE OTHER SIDE OF THE
06:17:11 DRIVEWAY?
06:17:15 GO AHEAD.
06:17:16 >> YES.
06:17:18 YES.
06:17:19 THE ONLY THING I WOULD REQUEST THAT I BE ABLE TO DO WOULD
06:17:21 BE TO FINISH THE ONE UNFINISHED RAMP THAT'S STILL OAT
06:17:25 EXISTING SIDE OF THE DRIVEWAY, JUST FINISH THAT RAMP OFF,
06:17:30 AND GET IT BACK TO THE DRIVEWAY SO YOU CAN STILL RIDE ON
06:17:34 IT.
06:17:35 THE DRIVEWAY IS SKINNY.
06:17:38 BACKING AMAZON TRUCK, IT'S CALLED A TURNAROUND F.MY
06:17:43 VEHICLES ARE PARKED THERE, AND IT'S DIFFICULT TO STAY ON
06:17:48 THE CONCRETE AND BACK UP.
06:17:50 SO IF I COULD FINISH THAT ONE RAMP, I AM MORE THAN HAPPY
06:17:53 TO SWITCH TO THE OTHER SIDE, YES.
06:17:55 >>JOSEPH CITRO: WILL THAT BE THE SETBACK?
06:18:01 MR. COTTON, ARE YOU THERE?
06:18:04 >>ERIC COTTON: YES, SIR.
06:18:05 >> WILL THAT BE THE SETBACK?
06:18:07 >>ERIC COTTON: IF HE PUTS IT ON THE SIDE TO THE NORTH?
06:18:11 >>JOSEPH CITRO: YES, I BELIEVE THAT'S CORRECT.
06:18:13 >>ERIC COTTON: YES.
06:18:14 THE SETBACK WITHIN THE 7 FEET FOR CENTER LINE ZONING, AND
06:18:21 THAT'S WHAT FHRS REQUIRES, I THINK HE WOULD BE ABLE TO
06:18:22 MEET THE REQUIRED SETBACK.
06:18:23 >>JOSEPH CITRO: MS. VELEZ, AM I ABLE TO MAKE THAT
06:18:30 REQUEST?
06:18:32 >>SUSAN JOHNSON-VELEZ: YOU ARE CERTAINLY ABLE TO ASK FOR
06:18:34 REASONABLE CONDITIONS TO ENSURE THE PUBLIC SAFETY, HEALTH
06:18:38 AND WELFARE, BUT ABSOLUTELY THOSE ARE ENTIRELY
06:18:42 APPROPRIATE.
06:18:43 I MIGHT SUGGEST TOO BECAUSE THERE IS A SITE PLAN THAT
06:18:45 SHOWS THE IMPROVEMENTS, THAT YOU MIGHT WANT TO CONSIDER
06:18:50 HAVING A REVISED SITE PLAN SO THAT EVERYBODY IS AWARE AND
06:18:57 WE ARE ALL IN AGREEMENT AS TO WHAT IS GOING TO BE PLACED
06:18:59 ON THIS PROPERTY, IF IT IS COUNCIL'S PLEASURE TO APPROVE
06:19:03 THIS, WITH THOSE CONDITIONS.
06:19:04 >>JOSEPH CITRO: I WOULD LIKE TO ADD THOSE COMMENTS.
06:19:10 CAN YOU PROVIDE THAT TO US IN THE FUTURE?
06:19:12 >> YES, SIR.
06:19:13 >>JOSEPH CITRO: AGAIN, AS A YOUNG GRASSER, I WOULD LOVE
06:19:18 TO HAVE HAD THIS AT MY HOUSE.
06:19:23 I FEEL CONFIDENT THAT YOU ARE A MAN OF YOUR WORD, AND
06:19:31 JUST YOU, SKATEBOARDERS ON THIS RAMP, AND THAT YOU WILL
06:19:35 KEEP IT AT A CERTAIN TIME AS TO NOT TO VIOLATE ANY OF
06:19:38 YOUR NEIGHBORS' RIGHTS ALSO.
06:19:40 THANK YOU, MR. CHAIR.
06:19:41 THANK YOU, MR. COTTON.
06:19:43 THANK YOU, MRS. JOHNSON-VELEZ.
06:19:45 >>JOHN DINGFELDER: POINT OF ORDER, MR. CHAIRMAN.
06:19:47 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
06:19:50 >>JOHN DINGFELDER: THANK YOU.
06:19:54 MR. MANISCALCO IS MAKING ME LAUGH.
06:20:01 COUNSEL VELEZ, SIMILAR TO WHAT WE DO IN THE VARIANCE
06:20:04 REVIEW BOARD THAT CHAIR AND I SERVED ON FOR MANY YEARS,
06:20:09 SINCE THIS WAS JUST A ONE-SHOT DEAL, I THINK WE NEED A
06:20:14 SITE PLAN.
06:20:15 WE NEED TO CONTINUE THIS FOR A REVISED SITE PLAN.
06:20:27 >>MARTIN SHELBY: MR. DINGFELDER, IF THERE ARE ANY OTHER
06:20:35 SUGGESTIONS FOR THE ADVERSE IMPACT THAT COUNCIL WOULD
06:20:39 FIND, THAT THAT ALSO BE ADDED TO THE SITE PLAN SO IT CAN
06:20:42 COME BACK IN A COMPLETE FASHION AND MR. CLEMENTS AND
06:20:47 DEPARTMENT STAFF WOULD BE ABLE TO GET THAT DONE SO THAT
06:20:49 DOESN'T HAVE TO BE BROUGHT UP AGAIN WHEN IT COMES BACK TO
06:20:52 COUNCIL, IT WILL ALL BE INCLUDED ALL THE NOTES AND
06:20:54 EVERYTHING ELSE THAT WOULD BE REQUESTED BY COUNCIL
06:20:57 APPROVED ON THE SITE PLAN AS WELL.
06:20:59 >>GUIDO MANISCALCO: OKAY.
06:21:03 ANY OTHER COUNCIL MEMBERS?
06:21:06 COUNCILMAN DINGFELDER, THAT WAS NOT A MOTION, CORRECT?
06:21:14 >>JOHN DINGFELDER: I'LL MAKE A MOTION.
06:21:19 >>GUIDO MANISCALCO: I WOULD LIKE TO HEAR FROM THE
06:21:22 APPLICANT ONE MORE TIME IF HE HAS ANYTHING ELSE, TO MAKE
06:21:25 SURE HE'S OKAY WITH WHAT I WAS GOING TO GO WITH.
06:21:28 GO AHEAD.
06:21:29 >> YEAH, I'M COMFORTABLE WITH THIS DIRECTION.
06:21:34 THANK YOU.
06:21:35 >>MARTIN SHELBY: ALSO FOR THE PURPOSES OF THE RECORD,
06:21:38 MR. CHAIRMAN, THERE'S NOBODY LIVE NOW READY TO SPEAK.
06:21:43 >>GUIDO MANISCALCO: DID ANYONE LOG IN FOR THAT PUBLIC
06:21:45 COMMENT?
06:21:45 >>THE CLERK: NO.
06:21:49 >>MARTIN SHELBY: THANK YOU.
06:21:50 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
06:21:51 >>JOHN DINGFELDER: WITH THAT I WILL MAKE A MOTION TO
06:21:56 CONTINUE THIS MATTER WITH A STRONG SUGGESTION THAT MR.
06:22:02 CLEMENTS THAT HE PROVIDE THE SITE PLAN IN ACCORDANCE WITH
06:22:07 MR. CITRO'S COMMENT, AND ALSO THAT SOMEWHERE STAFF
06:22:17 INCLUDE ON THE SITE PLAN OR SOMEWHERE ELSE APPROPRIATELY
06:22:20 THE LIMITATIONS OF NO SKATING AFTER DARK.
06:22:26 OBVIOUSLY THAT CHANGES BY THE SEASON.
06:22:28 AND ALSO NO MORE THAN 10 SKATE BOARDS IN USE ON THE
06:22:37 DRIVEWAY AT ANY GIVEN TIME.
06:22:39 >> SECOND.
06:22:52 MIRANDA.
06:22:53 AGAIN, I AM JUST REFERRING TO WHAT THE CITY ATTORNEY
06:22:57 TOLD, AND MR. CLEMENTS, AND I APPRECIATE HIS
06:23:02 STRAIGHTFORWARDNESS.
06:23:05 BUT LOOKING AT SOMETHING IN THE RECORD ON THESE ITEMS.
06:23:17 I DON'T KNOW NOW IF THE RAMP IS 22 FEET OR 100 FEET.
06:23:24 I DON'T KNOW ANYTHING REGARDING ABOUT THE HEIGHT IS 3
06:23:27 FEET OR 4.75 FEET.
06:23:30 EXPLAIN IT AND I APPRECIATE VERY MUCH WHAT HE SAID.
06:23:32 BUT I AM GOING TO HAVE TO SEE THIS BEFORE I VOTE ON IT.
06:23:35 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
06:23:40 >>ORLANDO GUDES: WELL --
06:23:46 >>GUIDO MANISCALCO: ANYBODY ELSE?
06:23:47 >>JOHN DINGFELDER: I'M SORRY?
06:23:53 >>BILL CARLSON: ONE QUESTION.
06:23:55 MS. JOHNSON-VELEZ OR ANYBODY ELSE WHO IS LOOKING AT IT.
06:23:59 WE TALKED ABOUT SOUND AND THE FACT THAT ITSELF BUILT IN
06:24:04 CONCRETE.
06:24:05 IS IT THE WAY THE SITE PLAN IS WRITTEN, SUFFICIENT TO
06:24:08 REQUIRE THAT IT WOULD BE BUILT IN CONCRETE, OR IS IT
06:24:11 POSSIBLE THAT SOMEONE COULD BUILD IT OUT OF WOODEN STEAD?
06:24:18 >>SUSAN JOHNSON-VELEZ: WELL, AS FAR AS I CAN TELL, AND
06:24:21 MR. COTTON MIGHT BE ABLE TO SPEAK TO THIS AS WELL, BUT
06:24:26 THERE ARE NO SPECIFICS ON MATERIAL THAT THESE CAN BE
06:24:28 BUILT OUT OF, OR THEY CAN BE A COMBINATION, THE WIDTH AND
06:24:34 THE LENGTH AND THE HEIGHT AND SO FORTH.
06:24:36 SO AT THIS POINT, IT WOULD BE UP TO COUNCIL'S
06:24:42 INTERPRETATION OF THAT BECAUSE THERE'S NO SPECIFIC
06:24:45 CONDITIONS OR REGS REGULATIONS IN THE CURRENT CODE.
06:24:49 >>BILL CARLSON: THANK YOU, MR. CHAIR.
06:24:54 I WILL LEAVE THAT UP TO ANYBODY FELLS THEY THINK I SHOULD
06:24:58 INCLUDE IT.
06:24:59 IT SOUND LIKE HE'S GOING TO BUILD IT OUT OF CONCRETE
06:25:01 ANYWAY, BUT IF YOU THINK WE SHOULD INCLUDE IT.
06:25:04 >>GUIDO MANISCALCO: IF WE CONTINUE IT, HOW MUCH TIME
06:25:07 WOULD YOU NEED?
06:25:09 >> THE THING ABOUT IT IS, IT'S EASY TO GET A DRAWING FOR
06:25:12 SCHEMATICS AS LONG AS I DON'T HAVE TO PROVIDE ANOTHER
06:25:14 STRUCTURAL ENGINEERED DRAWING.
06:25:16 SO I CAN TURN THAT AROUND IN A COUPLE OF WEEKS.
06:25:19 BUT IF I HAVE TO HAVE ANOTHER STRUCTURAL ENGINEER
06:25:23 DRAWING, I REALLY HAPPY I DON'T HAVE TO, A THOUSAND
06:25:25 DOLLAR FOR SOMEBODY TO DO THAT, TO GET A DRAWING OF WHAT
06:25:30 I AM GOING TO DO IS VERY, VERY SIMPLE.
06:25:32 AND YES, I DO INTEND ON BUILDING IT OUT OF CONCRETE.
06:25:35 IN FACT THAT WAS SPECIFIED IN THERE WITH CROSS SECTIONS
06:25:38 AND ALL THAT.
06:25:40 YES, ABSOLUTELY.
06:25:41 >>MARTIN SHELBY: A QUESTION FOR STAFF.
06:25:46 IS THE SITE PLAN CONTROLLED?
06:25:47 WHAT IS REQUIRED, MR. COTTON?
06:25:49 >>ERIC COTTON: PLANNING AND DEVELOPMENT.
06:25:51 THERE'S GOING TO BE A DIFFERENCE BETWEEN WHAT'S PROVIDED
06:25:54 AND WHAT COUNCIL IS REQUESTING, WHEN MR. CLEMENTS GOES TO
06:26:00 PERMITTING.
06:26:01 I GUESS THE PERMITTING OFFICE, I IMAGINE THEY ARE GOING
06:26:04 TO REQUIRE YOU SEAL ENGINEERED DRAWING FOR ANY CHANGES,
06:26:11 BECAUSE THEY REVIEW WHAT IS SUBMITTED AS PART OF THE
06:26:15 PACKET, WHAT IS SUBMITTED FOR THE PERMIT OFFICE.
06:26:22 WHEN HE PLACES THE RAMP ON THE OTHER SIDE, FOR INSTANCE,
06:26:25 THAT'S PROBABLY GOING TO REQUIRE A REVIEW BY A STRUCTURAL
06:26:30 ENGINEER.
06:26:31 AND THAT DOES GET EXPENSIVE.
06:26:33 NOT THAT THAT SHOULD MAKE A DETERMINATION.
06:26:36 KEEP IN MIND THAT THE PLAN THAT HE NEEDS TO SUBMIT FOR
06:26:40 COUNCIL TO REVIEW WILL NOT BE ACCEPTABLE FOR THE
06:26:44 PERMITTING OFFICE, STILL NEEDS TO MEET THE REQUIREMENTS
06:26:48 OF THE FLORIDA BUILDING CODE.
06:26:49 >>GUIDO MANISCALCO: ALL RIGHT.
06:26:57 ANYTHING ELSE?
06:26:58 MR. SHELBY, NO?
06:27:00 YOU ARE MUTED.
06:27:01 >>MARTIN SHELBY: THE QUESTION IS HOW LONG DOES THE
06:27:03 APPLICANT NEED IF THE APPLICANT WISHES TO GET -- TO COME
06:27:10 BACK.
06:27:12 I GUESS THE OTHER ALTERNATIVE IS FOR A VOTE UP OR DOWN
06:27:17 THIS WAY AS IT IS.
06:27:18 BUT IF COUNCIL FEELS GOING DOWN A CONTINUANCE AND MR.
06:27:25 CLEMENTS AGREES WITH THAT, THEN THE QUESTION IS HOW MUCH
06:27:29 TIME, IF HE CAN BE ADVISED, OR ERIC, IF YOU HAVE A
06:27:33 SUGGESTION HOW LONG?
06:27:39 WE NEED TO HAVE THAT SURVEYOR SITE PLAN REDONE, DO YOU
06:27:42 WANT TO THEN TAKE THAT INTO ACCOUNT, AND PICK A DATE?
06:27:51 OR GO FORWARD TONIGHT UP OR DOWN.
06:27:53 >> SO IF WE WENT FORWARD TONIGHT WITH A VOTE AS IS, THAT
06:27:57 MEANS IT'S CASE CLOSED AND WE ARE DONE IF WE SAY NO,
06:28:01 THAT'S CORRECT?
06:28:02 >>MARTIN SHELBY: THAT'S CORRECT.
06:28:03 MR. COTTON, I BELIEVE THAT'S THE CASE.
06:28:07 >>ERIC COTTON: YES, SIR.
06:28:08 COUNCIL WOULD MAKE THE DECISION TONIGHT.
06:28:09 >>MARTIN SHELBY: GIVEN AN OPPORTUNITY TO ADDRESS WHAT
06:28:14 COUNCIL HAS SAID NO WAY OF DETERMINING THE FACTS, IF THEY
06:28:20 FIND THERE ARE ADVERSE IMPACTS, BROUGHT TO YOUR
06:28:23 ATTENTION, WHAT IS YOUR PLEASURE?
06:28:25 >> I'LL GO WITH A CONTINUANCE.
06:28:29 I WOULD ALSO LIKE TO -- OBVIOUSLY THIS ISN'T THE TIME TO
06:28:33 TALK ABOUT IT BUT HOWEVER WE ADDRESS THESE CODE IN
06:28:35 GENERAL WOULD BE MY NEXT STEP ONCE I GET TO BUILD THE
06:28:38 ADDITION ON MY DRIVEWAY AND FINISH WHAT I CURRENTLY HAVE.
06:28:43 YOU KNOW, WHAT I WOULD LIKE TO DO IS RESUBMIT A DRAWING
06:28:47 TO YOU FOLKS TO MAKE SURE, TO COUNCIL, TO MAKE SURE YOU
06:28:50 ARE GOING TO APPROVE IT AND THEN I CAN GET THE STRUCTURAL
06:28:53 DRAWINGS, NO PROBLEM WHATSOEVER AFTER THAT.
06:28:55 >>MARTIN SHELBY: THE QUESTION FOR STAFF IS WHETHER IT IS
06:29:03 LEGALLY SUFFICIENT FOR THE PURPOSES OF TONIGHT,
06:29:06 ULTIMATELY COUNCIL MAKES THE FINAL DECISION, AND APPROVES
06:29:10 WHAT IS IN EFFECT A SITE PLAN CONTROLLED ITEM.
06:29:13 >> OR FOR DESIGNING CONCEPTION.
06:29:23 ONCE HE GETS THE SITE PLAN SUBMITTED, IT SHOWS THE
06:29:26 LOCATION OF THE RAMPS AND OTHER ISSUES THAT HAVE BEEN
06:29:29 ADDRESSED BY COUNCIL TONIGHT.
06:29:33 >>GUIDO MANISCALCO: OKAY.
06:29:38 >> THE PERMITTING SIDE WILL TAKE PLACE AT A LATER DATE
06:29:41 ANYWAY.
06:29:42 SO WITHOUT KNOWING WHAT -- THAT SHOULD BE FINE.
06:29:48 >>MARTIN SHELBY: THANK YOU FOR THAT CLARIFICATION.
06:29:52 >>JOHN DINGFELDER: DO YOU WANT TO RESTATE THE MOTION?
06:29:55 >>GUIDO MANISCALCO: YES, SIR.
06:29:56 >>JOHN DINGFELDER: SO THE MOTION IS TO CONTINUE, I WOULD
06:29:57 SAY, ABOUT A MONTH.
06:30:01 SOMEONE GIVE ME A DATE.
06:30:03 >>GUIDO MANISCALCO: WE HAVE OCTOBER 22ND OR NOVEMBER 12.
06:30:05 >>JOHN DINGFELDER: MS. VELEZ, MR. SHELBY, ANY
06:30:13 PREFERENCE? X NUMBER OF CASES?
06:30:17 >>SUSAN JOHNSON-VELEZ: AND MR. SHELBY IS CHECKING BUT I
06:30:19 BELIEVE OCTOBER 22ND DATE IS FULL ALREADY.
06:30:22 >>MARTIN SHELBY: I BELIEVE, IF I CAN, COUNCIL, I BELIEVE
06:30:29 WE HAVE -- WE HAVE 8 ADOPTION PLAN AMENDMENT WHICH COULD
06:30:34 GO QUICKLY.
06:30:34 I CAPTAIN PROMISE ONE WAY OR THE OTHER.
06:30:37 TWO REVIEW HEARINGS FROM THE ZONING ADMINISTRATOR.
06:30:48 IT SHOULD GO QUICKLY, FRANKLY.
06:30:49 >>JOHN DINGFELDER: WHAT DATE ARE YOU REFERRING TO?
06:30:55 >>MARTIN SHELBY: I'M REFERRING TO OCTOBER 22ND.
06:30:57 >>JOHN DINGFELDER: I WOULD THAT SOME OF THOSE PLAN
06:31:01 AMENDMENT BE THOSE PARK AMENDMENTS?
06:31:05 >>MARTIN SHELBY: I CAN'T SAY.
06:31:06 I MEAN, IF THE APPLICANT WANTS TO HAVE GREATER ASSURANCE
06:31:09 THAT HE WOULD BE ABLE TO COMPLETE IT WITHIN A MONTH'S
06:31:11 TIME --
06:31:20 >>SUSAN JOHNSON-VELEZ: I WOULD SUGGEST, I THINK THE 22ND
06:31:27 LOOKS DECEPTIVELY LIGHT.
06:31:32 IT'S GOING TO BE A LONGER NIGHT THAN WE MIGHT THINK BY
06:31:37 LOOKING AT THE AGENDA.
06:31:38 SO I WOULD SUGGEST THAT YOU GO TO YOUR NEXT DATE IN
06:31:41 NOVEMBER.
06:31:43 I DO BELIEVE THAT THOSE HEARINGS ARE GOING TO TAKE
06:31:45 LONGER.
06:31:46 >>MARTIN SHELBY: THANK YOU.
06:31:50 >>JOHN DINGFELDER: NOVEMBER 12th?
06:31:52 >>GUIDO MANISCALCO: NOVEMBER 12th?
06:32:01 IT DOESN'T HAVE TO BE PERFECT.
06:32:03 LET'S FIND SOMETHING.
06:32:04 >>MARTIN SHELBY: NOVEMBER 12 I THINK WOULD BE FINE.
06:32:06 >>JOHN DINGFELDER: IF THE GENTLEMAN WITH HIS AGREEMENT
06:32:12 WILL COME BACK TO US, HE CAN WORK WITH MR. COTTON TO COME
06:32:15 BACK WITH AN ACCEPTABLE SITE PLAN THAT INCLUDES FOR THE
06:32:21 CONCRETE ALREADY ON THAT EXISTING -- HE CAN MAKE
06:32:26 REFERENCE TO HOURS OF OPERATION, NOT AFTER DARK, AND NO
06:32:30 MORE THAN TEN PEOPLE, AND I THINK THAT'S ALL THE
06:32:33 CONDITIONS THAT WE WOULD LIKE TO SEE ON THE SITE PLAN.
06:32:35 IN ADDITION TO THE ONES MR. CITRO WAS TALKING ABOUT,
06:32:38 ABOUT MOVING IT AWAY FROM THE CENTER.
06:32:41 >>MARTIN SHELBY: 5:01 P.M., SIR?
06:32:46 >>JOHN DINGFELDER: YES.
06:32:47 >> AND MR. CHAIRMAN, MAY I PUT A FRIENDLY AMENDMENT TO
06:32:53 NO RAMONES OR SEX PISTOLS MUSIC PLAYING AFTER SIX?
06:32:57 >>JOSEPH CITRO: THOSE ARE THE TWO THAT ARE GOING TO BE
06:33:02 PLAYING. THANK YOU.
06:33:02 >> I'M JOKING.
06:33:03 >>JOHN DINGFELDER: MR. GUDES OR MR. MIRANDA, A VOTE
06:33:10 TONIGHT IS A VOTE FOR THE CONTINUANCE.
06:33:15 >>ORLANDO GUDES: OKAY.
06:33:16 >> ANYONE IS WELCOME TO COME SKATE.
06:33:16 >>GUIDO MANISCALCO: I CAN ROLLER SKATE BUT I CAN'T
06:33:22 SKATEBOARD.
06:33:23 >> I DON'T KNOW ABOUT THAT BUT WE'LL SEE.
06:33:25 >>MARTIN SHELBY: AND IF YOU VISIT THE SITE OR HAVE ANY
06:33:30 COMMUNICATION, OBVIOUSLY THEY BOTH NEED TO BE DISCLOSED
06:33:33 DURING THE PUBLIC HEARING.
06:33:33 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
06:33:40 DINGFELDER.
06:33:40 DO WE HAVE A SECOND?
06:33:43 VIERA.
06:33:44 ROLL CALL VOTE.
06:33:45 >>LUIS VIERA: YES.
06:33:50 >>ORLANDO GUDES: YES.
06:33:52 >>JOHN DINGFELDER: YES.
06:33:54 >>GUIDO MANISCALCO: YES.
06:33:55 >>BILL CARLSON: YES.
06:33:57 >>JOSEPH CITRO: YES.
06:33:59 >>CHARLIE MIRANDA: (NO RESPONSE).
06:34:08 >>GUIDO MANISCALCO: YOU ARE MUTED, SIR.
06:34:09 >>CHARLIE MIRANDA: YES.
06:34:13 >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
06:34:14 >> MR. CHAIR, COULD I ASK A QUESTION?
06:34:21 >>GUIDO MANISCALCO: SURE.
06:34:22 >>BILL CARLSON: MS. JOHNSON-VELEZ, OR ANYBODY ELSE WHO
06:34:26 WANTS TO WEIGH IN, WHAT REGARDING LOOKING AT THE OVERALL,
06:34:34 SHOULD IT BE DISPLAYED UNTIL AFTER THIS CASE IS HEARD, OR
06:34:39 GO AHEAD AND START ON THAT?
06:34:44 >>SUSAN JOHNSON-VELEZ: YOU MEAN THE REVISIONS THAT YOU
06:34:46 WOULD LIKE TO SEE TO THE --
06:34:48 >>BILL CARLSON: THE ORDINANCE.
06:34:49 SHOULD HE START ON THAT OR SHOULD HE WAIT UNTIL AFTER?
06:34:53 WHAT ADVICE WOULD YOU GIVE HIM?
06:34:56 >>SUSAN JOHNSON-VELEZ: WELL, I MEAN THAT WOULD BE A
06:35:00 LEGISLATIVE DECISION SO THAT WOULD BE A SEPARATE PATH
06:35:02 FROM THIS APPLICATION WHICH APPLIES CRITERIA.
06:35:04 SO THAT WOULD BE A SEPARATE PATH.
06:35:07 >>BILL CARLSON: THANK YOU.
06:35:11 >>MARTIN SHELBY: IF I MAY FOLLOW UP ON THAT.
06:35:14 WHEN IT COMES TO DEALING WITH STAFF, THAT'S ONE THING.
06:35:17 WHEN IT COMES TO DEALING WITH THE DECISION MAKING BOARD,
06:35:19 I WOULD ADVISE AGAINST IT.
06:35:22 IN OTHER WORDS, WORKING WITH CITY STAFF BUT IT WOULD BE
06:35:25 INAPPROPRIATE TO DISCUSS IT WITH CITY COUNCIL.
06:35:26 >>BILL CARLSON: BECAUSE OF THE CHANCE OF EX PARTE
06:35:33 COMMUNICATION.
06:35:33 >>MARTIN SHELBY: EXACTLY.
06:35:35 >>BILL CARLSON: THANK YOU.
06:35:35 >>GUIDO MANISCALCO: ALL RIGHT.
06:35:38 THANK YOU VERY MUCH.
06:35:41 THAT SETTLES THAT ITEM NUMBER 4.
06:35:43 THANK YOU VERY MUCH.
06:35:46 WE'LL SEE YOU THEN.
06:35:49 >> THANK YOU FOLKS.
06:35:51 >>GUIDO MANISCALCO: ALL RIGHT.
06:35:54 WE ARE GOING TO ITEM NUMBER 5.
06:35:57 WE HAVE SIX CASES LEFT TO GO.
06:35:59 ITEM NUMBER 5.
06:36:00 BEFORE WE BEGIN, THE APPLICANT, TURN YOUR CAMERA ON AND
06:36:07 WE CAN SWEAR THEM IN AND BEGIN.
06:36:09 >>THE CLERK: PLEASE RAISE YOUR RIGHT HAND.
06:36:17 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE WHOLE
06:36:19 TRUTH AND NOTHING BUT THE TRUTH?
06:36:21 >> I DO.
06:36:22 >> I DO.
06:36:22 >>THE CLERK:
06:36:28 >>GUIDO MANISCALCO: DO WE HAVE ANYBODY AT THE CONVENTION
06:36:31 CENTER THAT'S GOING TO SPEAK ON THIS?
06:36:38 >>AILEEN ROSARIO: THERE IS NO ONE HERE.
06:36:39 >>GUIDO MANISCALCO: NO ONE THERE AT ALL?
06:36:44 NO.
06:36:45 THANK YOU VERY MUCH.
06:36:46 GO AHEAD.
06:36:46 >>SUSAN JOHNSON-VELEZ: I'LL START, MR. CHAIR.
06:36:53 LEGAL DEPARTMENT.
06:36:54 THIS IS A HEARING FOR AN SU-1 SPECIAL USE PERMIT PURSUANT
06:36:58 TO SECTION 27-61.
06:37:01 AGAIN, SU-1 SPECIAL 1 THAT HAS ALREADY BEEN DETERMINED
06:37:07 FOR THE SPECIFIC SPECIAL USE, IN THIS CASE FOR AN
06:37:11 EXTENDED FAMILY RESIDENCE AGAIN.
06:37:14 SPECIFIC CRITERIA ARE IN THE STAFF REPORT.
06:37:17 THIS APPLICATION DOES NOT MEET THE CODE CRITERIA SO
06:37:20 PETITIONERS ARE HERE.
06:37:23 STAFF DOES NOT GRANT -- IS UNABLE TO GRANT WAIVERS.
06:37:28 PETITIONER HAS THE BURDEN TO PROVE, AND COUNCIL SHALL
06:37:33 GRANT WAIVERS IF COUNCIL FIND AFTER GRANTING THE WAIVER
06:37:35 IS CONSISTENT WITH APPLICABLE GENERAL STANDARDS SET
06:37:38 FORTH, 27-429.
06:37:42 IT MEANS THAT YOU ARE NOT LIMITED IN YOUR REVIEW TO THE
06:37:45 INFORMATION, DOCUMENTS OR EVIDENCE UPON WHICH STAFF BASED
06:37:48 ITS DECISION, MUST APPLY THE CRITERIA IN THE CODE TO THE
06:37:51 EVIDENCE PRESENTED, AND STAFF WILL NOW PRESENT THE CASE
06:37:54 TO YOU AND EXPLAIN THE WAIVERS THAT ARE BEING USED.
06:38:01 >>ERIC COTTON: I WOULD LIKE TO SHARE MY SCREEN, PLEASE.
06:38:03 SO THIS IS SU-1-20-45.
06:38:09 THE APPLICANTS ARE JASON AND AMANDA QUIRIN.
06:38:14 FOR THE PROPERTY AT 4809 WEST JUNO STREET, THE REQUEST
06:38:18 INFORM AN EXTENDED FAMILY RESIDENCE.
06:38:21 SO THE PROPERTY ZONED RS-75, AS YOU ARE FAMILIAR WITH.
06:38:26 THE EXTENDED FAMILY RESIDENCE.
06:38:33 CANNOT BE A STRANGER AND HAS TO BE EITHER A BLOOD
06:38:36 RELATIVE OR BY ADOPTION OR BY LEGAL GUARDIANSHIP OR BY
06:38:41 MARRIAGE.
06:38:42 THE REQUEST WAS DENIED FOR TWO REASONS.
06:38:44 THAT WAS ONE OF THE REASONS SAYING APPLICANT -- [~AUDIO
06:38:50 DISTORTION~]
06:38:54 >>GUIDO MANISCALCO: THERE'S SOME BACKGROUND NOISE THAT
06:39:01 KEEPS INTERRUPTING.
06:39:04 I THINK THAT'S COMING FROM YOUR OFFICE, THE BACKGROUND
06:39:15 NOISE.
06:39:15 >>CHARLIE MIRANDA: THE ONLY ONE HERE IS ME.
06:39:18 >>GUIDO MANISCALCO: ALL RIGHT.
06:39:21 GO AHEAD, MR. COTTON.
06:39:24 >>ERIC COTTON: IT WAS DENIED BECAUSE THE APPLICANT, LEE
06:39:29 HOLSTON.
06:39:32 IT WAS UPLOADED BUT EVIDENCE OF THE RELATIONSHIP BETWEEN
06:39:34 THE TWO PARTIES IS NOT ESTABLISHED AT THE TIME OF THE
06:39:38 APPLICATION.
06:39:39 AND A LITTLE BACKGROUND. THIS RECEIVED A VARIANCE BACK
06:39:42 IN 2018, VRB 2017-2.
06:39:48 I WANT TO MAKE SURE THAT EITHER COUNCILMAN CITRO OR
06:39:51 DINGFELDER, AND THEY WERE IN FAVOR OF THAT.
06:39:57 I THINK THEY ALREADY WENT TO CITY COUNCIL.
06:40:03 AND THEY WERE GRANTED A SETBACK VARIANCE FOR 2521.
06:40:09 THE REAR YARD FROM 12 TO 2 AND THE CORNER YARD FROM 15 TO
06:40:13 1.
06:40:15 A FIRST-STORY ADDITION.
06:40:17 AS PART OF THE PROVISIONS THAT YOU SEE IN THE SITE PLAN,
06:40:19 PART OF THE REQUIREMENTS FOR EXTENDED FAMILY RESIDENCE
06:40:24 YOU CAN'T PLACE THE STRUCTURE IN -- A FAMILY RESIDENCE IN
06:40:30 A STRUCTURE TO A VARIANCE.
06:40:35 TO PLACE A SECOND STORY ON THIS ADDITION, SO THEY -- THEY
06:40:39 COULDN'T GO BACK FOR THE VRB TO ASK FOR A SECONDARY USE
06:40:44 OF THAT EXTENDED FAMILY.
06:40:45 THEY NEED TO GO THROUGH THE PROCESS -- [~AUDIO
06:40:53 DISTORTION~]
06:40:54 AT THE CORNERS OF VENUS AND JUNO.
06:40:57 THE PROPERTY IS UNDER CONSTRUCTION.
06:40:59 AND THE APPLICANT, I WILL LET HER GET INTO IT IF YOU WANT
06:41:04 TO HEAR.
06:41:06 THROUGH 27-62, THERE IS A PROCESS CALLED REASONABLE
06:41:09 ACCOMMODATION.
06:41:16 REASONABLE ACCOMMODATION TO ALLOW PART CONSTRUCTION WITH
06:41:19 THE PROVISION THAT WHEN IT'S NO LONGER NEEDED THEY HAVE
06:41:23 TO REMOVE THE REASONABLE ACCOMMODATION.
06:41:26 IT HAS TO BE PROVIDED WITH THE ABILITY TO --
06:41:35 WANT TO ESTABLISH EXTENDED FAMILY USE.
06:41:39 THIS IS A PICTURE OF THE HOUSE FROM THE FRONT.
06:41:41 YOU CAN SEE THE EXTENDED FAMILY PROPOSED ADDITION TO THE
06:41:43 REAR.
06:41:44 AND THAT IS A SIDE VIEW.
06:41:47 THIS IS WHAT WAS APPROVED BY THE VRB IN 2018. THIS IS
06:41:51 THE ADDITION OF THE SECOND STORY.
06:41:56 DOES COUNCIL HAVE ANY QUESTIONS FOR ME?
06:41:59 >>GUIDO MANISCALCO: ARE THERE ANY QUESTIONS FOR THE
06:42:00 GENTLEMAN?
06:42:01 >>ORLANDO GUDES: I'M A LITTLE CONFUSED.
06:42:04 >>GUIDO MANISCALCO: GO AHEAD.
06:42:06 >>ORLANDO GUDES: THAT TOP IS NOT PERMITTED?
06:42:12 >>ERIC COTTON: WELL, I APOLOGIZE.
06:42:13 THE TOP IS PART OF AN APPROVAL FOR AN EXTENDED FAMILY FOR
06:42:20 REASONABLE ACCOMMODATION, EXCUSE ME.
06:42:22 THANK YOU.
06:42:29 I APOLOGIZE.
06:42:31 TECHNOLOGY.
06:42:32 HERE WE GO.
06:42:35 DO YOU ALL SEE THAT OR NO?
06:42:37 >>GUIDO MANISCALCO: NO.
DISCLAIMER:
THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME
CAPTIONING WHICH SHOULD NEITHER BE RELIED UPON FOR
COMPLETE ACCURACY NOR USED AS A VERBATIM TRANSCRIPT.
ANY PERSON WHO NEEDS A VERBATIM TRANSCRIPT OF THE
PROCEEDINGS MAY NEED TO HIRE A COURT REPORTER.
06:43:34 >>GUIDO MANISCALCO: YES, WE CAN SEE IT.
06:43:36 >> I WON'T TOUCH IT AGAIN.
06:43:38 THE ZONING ADMINISTRATOR APPROVED THE ABILITY TO DO A SECOND
06:43:41 STORY WITH THE CONDITION THAT WHEN THE REASONABLE
06:43:42 ACCOMMODATION IS NO LONGER NEEDED, THE SECOND STORY HAS TO
06:43:45 BE REMOVED.
06:43:46 SO THROUGH THE PROCESS AND THEY UNDERSTOOD THIS GOING IN, IF
06:43:50 FOR SOME REASON ONCE THEY NO LONGER NEED THE ASSISTANCE OF
06:43:53 THE NIECE, THAT WOULD HAVE TO BE PUT BACK DOWN TO ONE STORY.
06:43:57 THEY HAVE TO REMOVE THE SOFT STORY.
06:43:59 THAT'S PART OF THE REASON WHY THEY'RE BEFORE CITY COUNCIL
06:44:01 FOR THE SPECIAL USE APPEAL.
06:44:05 OR PETITION FOR REVIEW.
06:44:11 >> SO JUST TO CLARIFY THEN --
06:44:17 >>GUIDO MANISCALCO: COUNCILMAN GUDES THEN DINGFELDER.
06:44:19 GO AHEAD, COUNCILMAN GUDES.
06:44:22 >>ORLANDO GUDES: WHAT YOU'RE TELLING ME IS WE PERMITTED THEM
06:44:25 TO PUT A SECOND-STORY BUILDING TEMPORARILY AND NOW WE ARE
06:44:28 TELLING THEM YOU NEED TO TAKE IT DOWN AFTER ALREADY BEING
06:44:31 PERMITTED FOR A SPECIAL USE ACCOMMODATION FOR A NIECE.
06:44:35 THAT'S WHAT YOU'RE TELLING ME?
06:44:36 >>ERIC COTTON: IF COUNCIL WERE TO NOT OVERTURN THE ZONING
06:44:41 ADMINISTRATORS WHEN A REASONABLE ACCOMMODATION IS NO LONGER
06:44:43 NEEDED, THEY HAVE TO REMOVE IT, YES.
06:44:49 >>ORLANDO GUDES: AGAIN, THAT TO ME MAKES NO SENSE, BUT I'LL
06:44:53 CONTINUE TO LISTEN.
06:44:54 THAT DOESN'T MAKE ANY SENSE TO ME.
06:44:57 >>SUSAN JOHNSON-VELEZ: IF I CAN JUST CLARIFY, SIR.
06:45:01 THE ISSUE IS STAFF CAN NOT GRANT A WAIVER TO THOSE CRITERIA.
06:45:04 ONLY COUNCIL CAN GRANT WAIVERS.
06:45:05 SO THAT'S WHY THIS IS BEFORE YOU BECAUSE STAFF DOESN'T HAVE
06:45:08 THE ABILITY TO GRANT THAT WAIVER.
06:45:13 >>ORLANDO GUDES: I UNDERSTAND.
06:45:13 I'M JUST SAYING TO HAVE SOMEONE AT THE BEGINNING PUT UP A
06:45:18 STRUCTURE THAT -- I MEAN, THAT'S A STRUCTURE.
06:45:22 AND TO SAY TAKE IT DOWN NOW.
06:45:24 I MEAN, MY MIND IS JUST BAFFLED ON THAT.
06:45:28 I'LL LISTEN ON AND GET MORE CLARITY ON THIS.
06:45:31 >>ERIC COTTON: WELL, THIS IS ERIC COTTON.
06:45:34 NOT GOING INTO TOO MUCH DETAIL, THE GOAL WAS THEY'RE
06:45:39 EXPECTING A CHILD AND THEY'LL GO INTO GREATER DETAIL, BUT
06:45:43 THE GOAL WAS TO HAVE THIS CONSTRUCTED AND FINALIZED BY THE
06:45:46 TIME OF THE CHILD'S BIRTH.
06:45:49 I DON'T KNOW.
06:45:51 I THINK THE BABY WAS ALREADY BORN OR WILL BE BORN VERY
06:45:54 SHORTLY.
06:45:55 WE WERE TRYING TO WORK WITH THE APPLICANT TO GET THIS UP AS
06:45:57 FAST AS POSSIBLE.
06:45:58 I'M NOT SURE WHY IT'S PAUSED.
06:46:00 I'M NOT SURE WHERE THEY ARE IN THE PERMITTING PROCESS.
06:46:06 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER?
06:46:09 >>JOHN DINGFELDER: YEAH.
06:46:09 JUST TO CLARIFY, MR. GUDES.
06:46:12 SO WE GOT TWO DIFFERENT PROCESSES GOING ON.
06:46:14 THE FIRST PROCESS THAT THEY TOOK ADVANTAGE OF CLEARLY LOOKS
06:46:18 LIKE IT FALLS UNDER THE ADA WHICH SAYS THEY -- THEY NEED TO
06:46:23 PUT THAT SECOND STORY UP THERE FOR REASONABLE ACCOMMODATIONS
06:46:31 WHICH IS AN ADA TERM.
06:46:32 THE ADMINISTRATION IS ABLE TO DO THAT WITHOUT US, OKAY?
06:46:36 IF THEY SOLD THE HOUSE OR OTHERWISE DIDN'T HAVE NEED FOR
06:46:41 THAT UPSTAIRS PART FOR WHATEVER FAMILY REASON, UNDER THE
06:46:46 ADA, THEN THE REASONABLE ACCOMMODATION GOES AWAY AND THEY
06:46:53 HAVE TO TAKE THE UPPER PART DOWN WHICH IS THE RIDICULOUS
06:46:57 PART THAT YOU'RE POINTING OUT.
06:46:59 I GUESS THAT'S JUST THE WAY THE ADA AND REASONABLE
06:47:01 ACCOMMODATION WORKS.
06:47:02 NOW WE'RE IN ANOTHER PHASE BECAUSE CLEARLY THEY WOULDN'T
06:47:07 WANT TO TAKE THAT DOWN BECAUSE THEY PUT A LOT OF MONEY INTO
06:47:10 IT, SO NOW THEY'RE ASKING US FOR THIS SU1 EXCEPTION WHICH
06:47:17 STILL IS NOT A PERMANENT DEAL BECAUSE IT'S, YOU KNOW, IT'S
06:47:21 ONLY ALLOWED FOR LIMITED PURPOSES, THE FAMILY PURPOSES.
06:47:26 SO IT WILL STILL HAVE SOME CONSTRAINTS ON IT BUT AT LEAST
06:47:31 THERE IS NO DESTRUCTION REQUIREMENT.
06:47:32 DOES THAT HELP?
06:47:34 ANYBODY --
06:47:35 >>ORLANDO GUDES: I JUST THINK THAT WHAT A WASTED EFFORT
06:47:42 HERE, IT SEEMS TO ME.
06:47:44 >>JOHN DINGFELDER: YEAH.
06:47:44 I WOULD AGREE WITH YOU.
06:47:48 >>GUIDO MANISCALCO: ALL RIGHT.
06:47:49 ANY OTHER COUNCIL QUESTIONS?
06:47:53 >>CHARLIE MIRANDA: THIS IS MIRANDA AGAIN.
06:47:55 IT SEEMS TO ME I DON'T KNOW WHEN ALL THIS HAPPENED AND I'M
06:47:57 SURE NOT AGAINST IT, BUT I SEE THINGS HERE THAT ARE TWO
06:48:01 STORY.
06:48:02 THEY CERTAINLY HAD TO BUILD THE FIRST STORY BEFORE THE
06:48:05 SECOND STORY.
06:48:05 THE QUESTION IS AT WHAT TIME DO WE KNOW WHAT WAS GOING TO
06:48:08 HAPPEN HAPPENING AND WHY IS IT THE FIRST STORY JUST THE
06:48:12 FIRST STORY WITH THE APARTMENT OR WHATEVER THEY'RE GOING TO
06:48:15 BUILD THERE?
06:48:18 >> I UNDERSTAND WHAT MR. GUDES IS SAYING.
06:48:22 >> THOSE ARE QUESTIONS THE APPLICANT WILL HAVE TO ANSWER.
06:48:25 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:48:28 ANYBODY ELSE?
06:48:29 ALL RIGHT.
06:48:29 IF NOT, WE'LL GO TO THE APPLICANTS WHO HAVE BEEN SWORN IN
06:48:32 AND ARE ON THE LINE.
06:48:33 GO AHEAD, APPLICANTS.
06:48:37 >> THANK YOU SO MUCH, ERIC AND THANK YOU EVERYONE FOR YOUR
06:48:41 TIME THIS EVENING.
06:48:46 WE DID APPLY FOR A VARIANCE IN 2018 FOR THE HOUSE TO BE
06:48:51 SINGLE STORY AND JUST BUILT OUT TO THE ONE-FOOT SETBACK TO
06:48:55 ACCOMMODATE MY DISABILITY.
06:48:57 I HAVE LIVED IN THE TAMPA AREA FOR 20 YEARS.
06:49:00 I SERVED IN THE UNITED STATES AIR FORCE FOR TEN.
06:49:04 I'M A 9/11 VETERAN.
06:49:07 I DID THREE TOURS OVERSEAS DURING THE WAR.
06:49:10 I HAVE 22 SURGICAL INCISIONS AND I'M 100% DISABLED WAR
06:49:15 VETERAN AND I SUFFER FROM CHRONIC PAIN.
06:49:18 IT THE INITIAL PLAN FOR THE HOUSE WAS SIMPLY TO MAKE THE
06:49:22 HOME ADA COMPLAINT IN 2018.
06:49:27 AS WE BEGAN TO DRAW THE PLANS FOR THAT, THE CHANGES HAPPENED
06:49:30 IN OUR LIFE.
06:49:31 THE FIRST ONE, THE GREATEST ONE IS THAT I NEVER EXPECTED TO
06:49:35 HAVE ANY MORE CHILDREN.
06:49:37 I LOST MY REPRODUCTIVE ORGANS IN SERVICE TO OUR COUNTRY SO I
06:49:41 DID NOT PLAN THAT WE'D HAVE ANY OTHER CHILDREN.
06:49:44 LAST YEAR A RELATIVE OFFERED TO CARRY SURROGACY FOR US AND
06:49:53 WE HAVE A BABY DUE NEXT MONTH.
06:49:54 THIS IS A HUGE BLESSING BUT BECAUSE OF MY HANDICAP, I'M
06:49:58 ACTUALLY UNABLE TO NOT ONLY CARE FOR BUT TO BE ALONE WITH
06:50:04 THE CHILDREN BY MYSELF.
06:50:07 NOT ONLY ISSUES WITH MY CHILDREN BUT ISSUES WITH MY OWN
06:50:11 HEALTH OUTSIDE OF THE BABY.
06:50:14 I HAVE ISSUES WITH ACTIVITIES OF DAILY LIVING.
06:50:19 SOME DAYS I NEED HELP SHOWERING, GETTING DRESSED, PUTTING ON
06:50:24 MY OWN SHOES.
06:50:24 I COULD COLLAPSE AT ANY MOMENT.
06:50:26 I'VE BEEN IN THE HOSPITAL IN THE EMERGENCY ROOM THREE TIMES
06:50:28 SINCE FEBRUARY.
06:50:31 WHILE ALL OF THAT IS GOING ON, LAST YEAR ALSO, OUR SON WAS
06:50:37 RUSHED TO THE HOSPITAL WITH SEIZURES.
06:50:39 WE DO HAVE A 4-YEAR-OLD.
06:50:41 HE IS AUTISTIC AND STARTED HAVING SEIZURES LAST AUGUST.
06:50:47 BECAUSE OF THAT, WE HAD TO TAKE HIM TO A NUMBER OF HOSPITALS
06:50:51 HERE IN THE TAMPA AREA AND FLEW HIM TO THE CLINIC TO THE
06:50:59 PEDIATRIC EPILEPSY DEPARTMENT IN FEBRUARY ALL WHICH
06:51:02 EXACERBATES MY OWN HEALTH CONDITION.
06:51:05 SO HAVING A SPECIAL NEEDS CHILD, ANOTHER CHILD COMING INTO
06:51:08 THE HOUSE AND A SERIOUS HEALTH PROBLEM OF MY OWN, WE NEED
06:51:11 FAMILY SUPPORT IN OUR HOME.
06:51:14 BECAUSE OF RESTRICTIONS WITH THE HOME AT THE TIME WE WERE
06:51:19 DOING THE PLANNING, WE DIDN'T REALIZE THE BEST THING WE
06:51:22 COULD DO IS BUILD A SECOND STORY JUST ABOVE THE GARAGE.
06:51:24 I OBVIOUSLY -- I CAN'T GO UP AND DOWNSTAIRS SO WE WERE JUST
06:51:30 TRYING TO COPY THE FOOTPRINT THAT WAS OVER THE GARAGE SO WE
06:51:34 COULD ACCOMMODATE THIS.
06:51:35 YOU'LL SEE THAT WE HAVE SUPPLIED LETTERS FROM I BELIEVE SIX
06:51:39 NEIGHBORS, ALL OF WHICH ARE THE ONES THAT ARE MOST AFFECTED
06:51:46 BY THE WORK.
06:51:46 THE NEIGHBORS ACROSS THE STREET FROM US AND THE ONE NEXT
06:51:50 DOOR.
06:51:50 NO ONE HAS COMPLAINED.
06:51:52 EVERYBODY IS IN SUPPORT -- COMPLAINED.
06:51:56 EVERYBODY IS IN SUPPORT.
06:51:57 THIS IS OUR FOREVER HOME AND I'M NOT GOING TO NOT BE
06:52:01 DISABLED AT ANY TIME IN MY LIFE UNFORTUNATELY.
06:52:05 THE CONSTRUCTION ASSOCIATED WITH THE VARIANCE WAS TO MAKE
06:52:08 THE HOME MORE ADA COMPLAINT AND THE SECOND FLOOR IS REALLY
06:52:12 AN EXTENSION OF THAT PART.
06:52:14 WE'D LIKE TO, YOU KNOW, GET THE SECOND FLOOR APPROVED SO WE
06:52:21 CAN HELP GROW OUR FAMILY AND DO IT IN A WAY THAT'S SAFE FOR
06:52:24 BOTH ME AND OUR CHILDREN.
06:52:29 >> THANK YOU FOR YOUR SERVICE.
06:52:31 >> THANK YOU VERY MUCH.
06:52:32 OH, AND MY NIECE -- I THOUGHT I SUBMITTED HER BIRTH
06:52:41 CERTIFICATE.
06:52:41 SHE IS CARRYING THE BABY AND COMING HOME WITH US FROM THE
06:52:43 HOSPITAL AND HELPING US RAISE THIS BABY TOGETHER.
06:52:53 >>GUIDO MANISCALCO: ALL RIGHT.
06:52:56 >> THANK YOU FOR CORRECTING THE RECORD.
06:52:58 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:53:01 ARE THERE ANY QUESTIONS FOR THE APPLICANTS?
06:53:07 DO WE HAVE ANYBODY FOR PUBLIC COMMENT AT THIS TIME?
06:53:15 >> NO ONE HAS REGISTERED TO SPEAK ON THIS ITEM.
06:53:20 >> THIS IS (INAUDIBLE) FROM DEVELOPMENT.
06:53:23 THERE IS NO ONE HERE TO SPEAK ON THIS ITEM.
06:53:25 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:53:26 ANY OTHER QUESTIONS OR COMMENTS?
06:53:29 COUNCILMAN DINGFELDER?
06:53:31 >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
06:53:32 I DID READ THE FIVE OR SIX LETTERS FROM THE NEIGHBORS IN
06:53:36 SUPPORT OF THIS.
06:53:39 JUST FOR THE RECORD I CAN'T REMEMBER WHO BROUGHT THIS UP,
06:53:41 MS. JOHNSON-VELEZ.
06:53:44 I DO RECALL HEARING THIS AS A VARIANCE REVIEW BOARD MEMBER.
06:53:50 JOE AND I WERE BOTH THERE IN 2018 AND OBVIOUSLY THIS ONE
06:53:55 STANDS OUT IN MY MEMORY VERY WELL.
06:53:57 I DON'T THINK THAT WOULD HAVE ANY IMPLICATIONS ON MY ABILITY
06:54:00 TO HEAR IT TONIGHT.
06:54:03 MR. SHELBY OR MS. JOHNSON-VELEZ?
06:54:07 FEEL FREE TO CHIME IN ON THAT.
06:54:09 FROM MY PERSPECTIVE, I DON'T BELIEVE THAT WOULD HAVE A LEGAL
06:54:13 RAMIFICATION.
06:54:15 >> IT VERY WELL MAY THOUGH.
06:54:16 LET ME ASK MR. CITRO IF HE HAS A RECOLLECTION AS WELL.
06:54:20 DO YOU HAVE A RECOLLECTION?
06:54:21 OR DOES COUNCILMAN CITRO HAVE HIS OWN INDEPENDENT
06:54:25 RECOLLECTION OF BEING ON THE BOARD AT THAT TIME?
06:54:28 >> THANK YOU, MR. SHELBY AND MR. CHAIR.
06:54:30 I DO HAVE VAGUE RECALL OF THIS CASE WHEN I WAS ON VRB.
06:54:37 >>MARTIN SHELBY: MY SUGGESTION, COUNCIL MEMBERS, IN AN
06:54:42 ABUNDANCE OF CAUTION I THINK THE PROPER COURSE OF ACTION
06:54:45 WOULD BE TO ABSTAIN BECAUSE THIS IS A -- THIS IS A REVIEW OF
06:54:52 THE ZONING ADMINISTRATOR.
06:54:54 NOT THE VRB.
06:54:55 LET ME SEE IF I CAN BE CLEAR ABOUT THIS.
06:54:57 I JUST WANT TO BE CLEAR.
06:54:58 MR. COTTON, CLARIFY WHAT COUNCIL IS DECIDING TODAY WAS NOT A
06:55:05 DECISION OF THE VRB OR RELATED TO THIS PARTICULAR PETITION
06:55:09 OR IS IT?
06:55:11 >>ERIC COTTON: NO.
06:55:12 THE VRB WAS JUST FOR MORE HISTORIC REASONS IN 2016.
06:55:17 I READ ABOUT COUNCILMAN DINGFELDER AND COUNCILMAN CITRO JUST
06:55:22 TO MAKE THEM AWARE.
06:55:23 I WEREN'T SURE IF THEY REMEMBERED THE CASE IF THERE WERE ANY
06:55:26 ISSUES WITH THAT.
06:55:28 >> OKAY.
06:55:28 OKAY.
06:55:28 SO THAT BEING THE CASE, THIS IS NOT AN APPEAL BUT A DECISION
06:55:33 OF THE ZONING ADMINISTRATOR AND SEPARATE.
06:55:34 AS LONG AS WE CAN MAKE VERY QUICK INQUIRY OF EACH COUNCIL
06:55:40 MEMBER.
06:55:40 CAN YOU BE FAIR AND IMPARTIAL IN TONIGHT'S CASE?
06:55:44 >>JOHN DINGFELDER: YES, ABSOLUTELY.
06:55:45 THAT'S DINGFELDER.
06:55:47 >>JOSEPH CITRO: I CAN ALSO.
06:55:48 CITRO.
06:55:49 >> THEN IT'S APPROPRIATE -- IT'S MY OPINION THAT THERE IS NO
06:55:54 CONFLICT BASED ON THE INFORMATION WE HAVE IN FRONT OF US.
06:55:58 >> THANK YOU, MR. CHAIR.
06:55:59 >>GUIDO MANISCALCO: THANK YOU.
06:56:00 APPLICANTS, DO YOU HAVE ANYTHING ELSE BEFORE WE CLOSE THE
06:56:03 PUBLIC HEARING AND GO TO A MOTION?
06:56:10 >> I DON'T THINK SO.
06:56:12 OBVIOUSLY THIS IS NOT THE WAY WE WANTED TO GO THROUGH THE
06:56:16 PROCESS.
06:56:17 YOU CAN IMAGINE (INAUDIBLE).
06:56:23 BUT, YOU KNOW, WE LOVE OUR NEIGHBORHOOD AND OUR NEIGHBORS
06:56:26 AND WE HAVE NO PLANS TO GO ANYWHERE THE REST OF OUR LIVES IF
06:56:31 WE CAN HELP IT.
06:56:32 AND, YOU KNOW, HER DISABILITY IS NOT GOING AWAY SO WE NEED
06:56:43 REASONABLE ACCOMMODATIONS.
06:56:47 [AUDIO DISTORTION].
06:56:52 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:56:53 MAY I HAVE A MOTION TO CLOSE THE PUBLIC HEARING?
06:56:56 MOTION FROM COUNCILMAN -- SECOND FROM COUNCILMAN GUDES.
06:56:59 ANY OBJECTION?
06:57:00 HEARING NONE BY UNANIMOUS CONSENT THE HEARING IS CLOSED.
06:57:06 WHAT IS THE PLEASURE OF COUNCIL?
06:57:08 ITEM NUMBER 5.
06:57:09 COUNCILMAN DINGFELDER?
06:57:11 >>JOHN DINGFELDER: I'LL MOVE TO APPROVE REVERSING OR
06:57:17 OVERTURNING THE STAFF DECISION IN REGARD TO SU1-20-45.
06:57:24 I BELIEVE THAT THE FACTS OF THE CASE AND THE EVIDENCE THAT'S
06:57:30 BEEN PRESENTED TO US JUSTIFIES OVERTURNING THAT DECISION.
06:57:37 ALSO WANT TO POINT OUT THE FACT THAT THE FOOTPRINT OF THE
06:57:42 FAMILY STRUCTURE THAT THEY WANT TO ADD IS THE EXACT SAME
06:57:47 FOOTPRINT AS WHAT'S ALREADY BEEN APPROVED PREVIOUSLY BY THE
06:57:51 CITY AND VRB, SO EXCEPT THAT IT'S UPSTAIRS.
06:57:57 SO ANYWAY.
06:57:59 BASED UPON THAT, I BELIEVE THAT THE EVIDENCE SHOWS THAT
06:58:03 JUSTIFICATION FOR THE APPROVAL AND AS A SIDE NOTE ON BEHALF
06:58:08 OF ALL OF COUNCIL, WE APPRECIATE YOUR FAMILY'S SERVICE AND
06:58:11 SERVICE.
06:58:14 >> SECOND.
06:58:14 MIRANDA.
06:58:15 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
06:58:17 DINGFELDER.
06:58:17 A SECOND FROM COUNCIL MEMBER MIRANDA.
06:58:21 ROLL CALL VOTE.
06:58:23 >>LUIS VIERA: YES.
06:58:24 >>ORLANDO GUDES: YES.
06:58:26 >>JOHN DINGFELDER: YES.
06:58:30 >>GUIDO MANISCALCO: YES.
06:58:32 >>BILL CARLSON: YES.
06:58:33 >>JOSEPH CITRO: YES.
06:58:36 >>CHARLIE MIRANDA: YES.
06:58:37 >> MOTION CARRIES UNANIMOUSLY.
06:58:40 >> MR. CHAIR, BEFORE THE -- JASON AND AMANDA LEAVE, I WANT
06:58:46 TO CONFIRM WITH THEM ONE THING AND THEN I'LL CONFIRM WITH
06:58:49 MR. SHELBY.
06:58:50 IS YOUR CONTACT ADDRESS 4809 WEST JUNO STREET?
06:58:56 >> YES, SIR.
06:58:56 IT IS.
06:58:59 >> OKAY.
06:59:00 THAT'S ALL.
06:59:00 MR. SHELBY, WE ARE HEREBY FINISHED -- IN OTHER WORDS IF I
06:59:05 WAS TO SEND THE FOLKS A LETTER AS MY CONSTITUENTS, SHOULD I
06:59:09 WAIT BEYOND THE 30 DAYS ON APPEAL OR AM I FINE?
06:59:16 >>MARTIN SHELBY: I DON'T -- THAT'S A VERY GOOD QUESTION.
06:59:18 I DON'T SEE ANY OBJECTIONS IN THE RECORD.
06:59:21 I DON'T KNOW WHAT ELSE HAS BEEN PROCEEDED.
06:59:24 I DON'T KNOW WHETHER THERE IS ANY INTEREST TO PERSONS
06:59:28 INVOLVED IN THIS.
06:59:31 >>LUIS VIERA: I DOUBT IT.
06:59:32 I HOPE NOT.
06:59:33 >>MARTIN SHELBY: THAT MAY BE THE CASE.
06:59:34 MY SUGGESTION IS CAN YOU PLEASE HOLD OFF UNTIL I CONFIRM
06:59:38 THAT.
06:59:38 IF IT'S VERY WELL 30 DAYS IN AN ABUNDANCE OF CAUTION, I'LL
06:59:41 TELL YOU THAT.
06:59:42 RIGHT NOW I DON'T THINK I'M PREPARED TO ANSWER.
06:59:44 >>LUIS VIERA: THAT'S FINE.
06:59:46 THANK YOU, GUYS.
06:59:47 GOD BLESS YOU GUYS.
06:59:48 THANK YOU, MR. CHAIR.
06:59:50 >>GUIDO MANISCALCO: THANK YOU SO MUCH.
06:59:51 IF YOU NOTICE IN THE AGENDA ITEMS 6 AND 8 APPEAR TO BE NEXT
06:59:55 DOOR TO EACH OTHER.
06:59:57 4108 NORTH NEBRASKA AND 4106.
07:00:03 IF THERE IS NO OBJECTION, I'D LIKE TO HEAR THEM TOGETHER OR
07:00:05 ONE AFTER ANOTHER TO KEEP THE AGENDA GOING THEN WE'LL GO
07:00:09 BACK TO NUMBER 7 AND THEN CONTINUE FROM THERE.
07:00:11 SO ITEM 6 AND 8 BEING THAT THEY APPEAR TO BE NEXT DOOR, IF
07:00:15 WE CAN HEAR THOSE BACK TO BACK.
07:00:24 >> IF I MAY, MR. CHAIR.
07:00:25 I NEED TO DISAPPEAR FOR FIVE MINUTES.
07:00:27 MY MOTHER JUST DROPPED OFF MY SON AND I NEED TO MAKE SURE
07:00:29 EVERYTHING IS GOOD.
07:00:30 JUST FOR ME, I'LL BE RIGHT BACK.
07:00:32 MY APOLOGIES.
07:00:33 >>GUIDO MANISCALCO: THANK YOU, SIR.
07:00:35 ALL RIGHT.
07:00:37 BEFORE WE BEGIN, PLEASE, THE APPLICANTS I BELIEVE HAVE TO
07:00:42 TURN ON THEIR CAMERA THERE TO BE SWORN IN.
07:00:52 >>MICHEL MATOS: PLEASE RAISE YOUR RIGHT HAND.
07:00:54 DO YOU SWEAR OR AFFIRM YOU'LL TELL THE TRUTH, THE WHOLE
07:00:57 TRUTH IS NOTHING BUT THE TRUTH?
07:00:59 >> YES.
07:00:59 >>MICHEL MATOS: THANK YOU.
07:01:03 ANY COMMENTS ON THIS ITEM?
07:01:04 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:01:05 PLEASE BEGIN.
07:01:07 >> THANK YOU, MR. CHAIR.
07:01:09 I'D DO JUST ONE PRESENTATION ON BOTH ITEM NUMBER 6 AND 8.
07:01:12 I BELIEVE THE ISSUES AND THE REASONS FOR DENIAL ARE
07:01:15 IDENTICAL ON BOTH PROPERTIES.
07:01:17 WITH THAT, COUNCIL, I'LL NOTE THIS IS A REVIEW HEARING AN
07:01:23 SU1 SPECIAL USE PERMIT.
07:01:24 AN SU1 PERMIT IS ONE ALREADY DETERMINED TO BE AN ALLOWED USE
07:01:29 IF IT MEETS THE CODE CRITERIA FOR THE USE FOUND IN 27-129
07:01:34 WHICH CONTAINS A GENERAL STANDARDS FOR ALL SPECIAL USE
07:01:37 PERMITS AS WELL AS THE SECTION 27-132 OF CRITERIA FOR
07:01:42 SPECIFIC FOR THE -- FOR THE SPECIFIC USE WHICH IN THIS CASE
07:01:45 IS FOR DWELLING MULTI-FAMILY AND SINGLE FAMILY ATTACHED.
07:01:48 THOSE SPECIFIC CRITERIA ARE LISTED ON PAGE 2 OF THE STAFF
07:01:51 REPORT.
07:01:52 THIS APPLICATION DID NOT MEAD THE CODE CRITERIA SO
07:01:57 PETITIONERS ARE HERE TO ASK A WAIVER WHICH STAFF CAN NOT
07:01:59 APPROVE BECAUSE STAFF CAN NOT GRANT WAIVERS.
07:02:01 THE PETITION HAS THE BURDEN TO PROVE THEY MEET THE CRITERIA
07:02:05 FOR A WAIVER WHICH COUNCIL SHALL GRANT IF YOU FIND THE
07:02:08 APPLICATION AFTER GRANTING THE WAIVER IS CONSISTENT WITH THE
07:02:10 APPLICABLE GENERAL STANDARDS SET FORTH IN SECTION 27-129.
07:02:16 THIS REVIEW HEARING IS DE NOVA WHICH MEANS YOU ARE NOT
07:02:19 LIMITED IN YOUR REVIEW TO THE EVIDENCE OR DOCUMENTATION
07:02:23 PROVIDED TO STAFF AND UPON WHICH STAFF BASED ITS DECISION.
07:02:26 COUNCIL MUST APPLY THE CRITERIA IN THE CODE TO THE EVIDENCE
07:02:31 PRESENTED AND STAFF WILL EXPLAIN THE CASE AND EXPLAIN THE
07:02:34 WAIVERS BEING REQUESTED.
07:02:36 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:02:37 MR. COTTON?
07:02:38 >>ERIC COTTON: GOOD EVENING.
07:02:39 ERIC COTTON, PLANNING AND DEVELOPMENT.
07:02:41 THERE IS TWO CASES I OPENED UP.
07:02:43 THE ONE FIRST ON THE AGENDA.
07:02:46 4106 AND 4108 SU1-20-49 IS FOR 4108 AND SU1-20-27 IS FOR
07:02:55 4106.
07:02:57 THE APPLICANT IS THE SAME FOR BOTH WHICH IS DEVELOPMENT
07:03:01 SUPPORT RESOURCES LLC.
07:03:03 PROPERTY IS ZONED SHCG WHICH IS SEMINOLE HEIGHTS COMMERCIAL
07:03:07 GENERAL.
07:03:09 THERE ARE TWO REQUIREMENTS UNDER THE SPECIAL USE CRITERIA TO
07:03:13 DO RESIDENTIAL AND THE CG ZONING DISTRICT.
07:03:18 FOR RESIDENTIAL SINGLE FAMILY ATTACHED.
07:03:21 ONE IS TO HAVE STAFF DIRECT ACCESS ON TO AN (INAUDIBLE)
07:03:25 COLLECTOR ROAD AND THE OTHER IS THAT IT HAS TO MEET THE
07:03:27 UNDERLYING RM-24 OR IN THIS CASE BECAUSE IT'S SEMINOLE
07:03:31 HEIGHTS, THE SHM ZONING DISTRICT.
07:03:34 SO IT DOESN'T HAVE DIRECT ACCESS ON TO A LOCAL -- OR
07:03:38 ARTERIAL COLLECTOR ROAD.
07:03:43 WHAT YOU'RE SEEING ON THE SCREEN NOW IS THE PROPOSED SITE
07:03:45 PLAN.
07:03:46 WHAT YOU'RE SEEING HERE IS THE MIRROR IMAGE OF WHAT WILL BE
07:03:48 PROPOSED TO HAD SOUTH.
07:03:50 ALTHOUGH IT IS NEBRASKA FDOT DENIED ACCESS --
07:03:56 >> WE DON'T HAVE MR. COTTON --
07:03:58 >>ERIC COTTON: I'M SORRY.
07:03:59 CAN YOU SHARE THE SCREEN PLEASE?
07:04:01 SORRY.
07:04:04 OKAY.
07:04:09 >>GUIDO MANISCALCO: GO AHEAD.
07:04:10 >>ERIC COTTON: WHAT YOU SEE ON THE SCREEN NOW, THERE
07:04:12 SAMIRROR IMAGE OF THE SAME PLAN TO THE SOUTH.
07:04:15 SO GOING TO THE NEXT -- THE AERIAL MAP.
07:04:23 THIS PROPERTY HERE IS WHAT IS IN QUESTION BETWEEN THE TWO
07:04:26 APPLICATIONS.
07:04:27 AS I WAS SAYING, ON NEBRASKA FDOT DENIED ACCESS.
07:04:34 THEY CURRENTLY HAVE A DRIVEWAY APRON.
07:04:36 FDOT IS TAKING THAT AWAY WITH THE REDEVELOPMENT.
07:04:39 SO BOTH CASES ARE ASKING FOR ACCESS ON TO NORTH BAY STREET
07:04:43 AND EAST IDA STREET.
07:04:46 RIGHT NOW THE PROPERTY IS VACANT.
07:04:49 THESE ARE JUST PHOTOS OF THE SITE.
07:04:51 IT'S THE SAME PHOTOS IN BOTH APPLICATIONS.
07:04:56 EXISTING COMMERCIAL ON -- AROUND THE PROPERTY, THIS IS
07:05:04 ACROSS THE STREET.
07:05:05 THIS IS LOOKING DOWN TO -- FROM NEBRASKA LOOKING TOWARDS THE
07:05:10 INTERSTATE.
07:05:13 GOING THAT DIRECTION.
07:05:14 AND THIS AGAIN IS ACROSS THE STREET AND THAT'S THE END OF
07:05:20 THE SLIDES.
07:05:21 SO AGAIN THE APPLICANT IS BEFORE YOU TONIGHT TO GAIN ACCESS
07:05:28 ON TO THE LOCAL STREETS.
07:05:30 AGAIN, IT WAS DENIED.
07:05:32 FDOT DENIED THE REQUEST BUT THE ZA CAN'T APPROVE ACCESS ON
07:05:36 TO A LOCAL STREET THAT HAS TO BE DONE BY CITY COUNCIL
07:05:38 THROUGH THE PETITIONER REVIEW PROCESS.
07:05:41 DO YOU HAVE ANY QUESTIONS FOR ME?
07:05:43 >>GUIDO MANISCALCO: ANY QUESTIONS FOR THE GENTLEMAN?
07:05:45 COUNCILMAN DINGFELDER, YES, SIR.
07:05:49 >>JOHN DINGFELDER: THANK YOU.
07:05:50 MR. COTTON, WOULD YOU GO TO THE AERIAL OF THE -- THE
07:05:53 EXISTING?
07:05:58 >>ERIC COTTON: AM I STILL SHARING?
07:05:59 LET ME BLOW THIS UP A LITTLE BIT.
07:06:03 THIS RIGHT HERE?
07:06:04 >>JOHN DINGFELDER: YEAH.
07:06:05 SO I'VE GOT A PRETTY GOOD IDEA OF WHAT THEY'RE PROPOSING ON
07:06:10 THE NORTH BAY SO THEY WANT TO COME IN ON THE NORTH BAY SIDE
07:06:15 WITH EFFECTIVELY WHAT SORT OF A PRIVATE ALLEY, I GUESS, ON
07:06:21 THE BACK OF THE PROJECT.
07:06:23 THEN GO IN OR OUT ALSO ON IDA.
07:06:29 >>ERIC COTTON: RIGHT.
07:06:29 CORRECT.
07:06:30 >>JOHN DINGFELDER: RIGHT UP THERE ON THE PROPERTY LINE.
07:06:34 SO MY QUESTION IS IMMEDIATELY ADJACENT TO -- ON THE NORTH
07:06:43 BAY SIDE IT LOOKS VACANT.
07:06:44 IS THAT RIGHT?
07:06:45 RIGHT THERE.
07:06:46 >>ERIC COTTON: TO THE WEST?
07:06:48 THERE IS DEVELOPMENT HERE.
07:06:49 IT'S ZONED MULTI-FAMILY BUT I BELIEVE IT'S SINGLE-FAMILY
07:06:53 RESIDENTIAL.
07:06:54 >>JOHN DINGFELDER: WHAT IS HAPPENING IMMEDIATELY ADJACENT ON
07:06:56 THE PROPERTY LINE?
07:06:57 I CAN'T SEE IT.
07:06:58 YEAH.
07:06:59 RIGHT -- RIGHT THERE.
07:07:00 >>ERIC COTTON: I DON'T THINK THERE IS ANY DEVELOPMENT THERE.
07:07:02 I THINK THIS IS VACANT PROPERTY.
07:07:04 >>JOHN DINGFELDER: OKAY.
07:07:05 GOING DOWN TO IDA, SAME QUESTION.
07:07:09 IS THAT A STRUCTURE?
07:07:11 >>ERIC COTTON: RIGHT HERE I THINK THERE IS A RESIDENCE ON
07:07:12 THAT PROPERTY.
07:07:13 A SINGLE-FAMILY -- THE APPLICANT WILL PROBABLY BE ABLE TO
07:07:17 ANSWER THE QUESTION JUST TO CONFIRM.
07:07:20 >>JOHN DINGFELDER: OKAY.
07:07:21 MY LAST QUESTION, MR. COTTON, IS ESPECIALLY ON THE IDA SIDE
07:07:26 BUT PERHAPS THE WHOLE PRIVATE ALLEY, IS THERE GOING TO BE A
07:07:32 FENCE ON THE SITE?
07:07:32 IS THERE A FENCE ON THE SITE PLAN?
07:07:34 IS THERE BUFFERING REQUIRED OR PROPOSED?
07:07:39 CORRECT, YEAH.
07:07:41 >>ERIC COTTON: THEY'RE PROPOSING TREES.
07:07:44 I THINK ON -- EVERY 40 FEET.
07:07:47 I THINK EVERY 20 FEET.
07:07:49 SO THEY ARE PROPOSING LANDSCAPING IN THE BACK.
07:07:52 I BELIEVE THEY'RE PUTTING UP A PVC FENCE.
07:07:57 >>JOHN DINGFELDER: OKAY.
07:07:57 THAT WOULD BE REQUIRED ON BOTH OF THE SITE PLANS, THE NORTH
07:08:00 AND SOUTH.
07:08:01 >>ERIC COTTON: CORRECT.
07:08:01 IT'S THE SAME PLAN, JUST SOUTH.
07:08:05 >>JOHN DINGFELDER: RIGHT.
07:08:05 JUST FLIPPED OVER.
07:08:06 OKAY, THANK YOU, MR. CHAIRMAN.
07:08:08 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:08:09 ANYBODY ELSE?
07:08:15 HEARING NONE.
07:08:17 ANYTHING ELSE, MR. COTTON?
07:08:18 IS
07:08:19 >>ERIC COTTON: NO, SIR.
07:08:20 >>GUIDO MANISCALCO: ALL RIGHT.
07:08:24 WE HAVE THE APPLICANTS.
07:08:26 THEY HAVE BEEN SWORN IN.
07:08:27 IF YOU'D LIKE TO BEGIN YOUR PRESENTATION.
07:08:31 >> THANK YOU, MR. CHAIRMAN.
07:08:32 MY NAME IS MICHAEL LEEKS AND WITH ME THIS EVENING, I HAVE MY
07:08:36 BUSINESS PARTNER, CHARLIE THOMAS.
07:08:38 WE HAVE OUR COUNCIL, MR. KELLY AND MR. THOMPSON.
07:08:44 FIRST OF ALL, WE WANT TO THANK YOU, THE COUNCIL MEMBERS,
07:08:48 CITY OFFICIALS AND CITY STAFF.
07:08:49 WE APPRECIATE THE OPPORTUNITY TO COME BEFORE YOU.
07:08:51 THIS HAS BEEN A PRETTY LONG ROAD FOR US IN THIS PROCESS.
07:08:55 ESPECIALLY IN THE MIDST OF THE PANDEMIC AND WE'RE REALLY
07:09:00 THANKFUL FOR YOUR WILLINGNESS TO BRING ON THIS FORUM AND
07:09:04 CONTINUE AND CONDUCT THE CITY'S AFFAIRS.
07:09:06 SO WITH THAT, I'M GOING TO REALLY TURN IT OVER TO MR. THOMAS
07:09:10 AND HE IS GOING TO GIVE AN OVERVIEW OF WHAT WE'RE DOING AND
07:09:14 HOW WE GOT HERE.
07:09:16 I THINK THE REAL ISSUE HERE IS NOT SO MUCH THE ACCESS AS
07:09:21 MUCH AS THE ZONING ADMINISTRATOR DOESN'T HAVE THE ABILITY TO
07:09:26 GRANT THE WAIVER FOR ACCESS TO THE LOCAL ROAD WHICH KIND OF
07:09:30 BRINGS US TO THE REVIEW PROCESS.
07:09:31 BOTH PROJECTS WERE CONDITIONALLY APPROVED.
07:09:35 ANYWHERE -- CONDITIONALLY APPROVED BASED OFF OF THE FACT
07:09:38 THAT THE ZONING ADMINISTRATOR COULD NOT GRANT THE WAIVER TO
07:09:42 THE LOCAL ROAD.
07:09:43 WE FEEL THERE IS SOME COMPELLING REASONS PROBABLY MOST
07:09:46 IMPORTANTLY IS A SAFETY COMPONENT WHICH WAS D.O.T.'S REASON
07:09:53 FOR DENYING ACCESS TO NEBRASKA WHICH WE CURRENTLY HAVE
07:09:57 ACCESS TO.
07:09:58 SO WITH THAT, CHARLIE?
07:10:00 >> GOOD AFTERNOON.
07:10:01 THANK YOU ALL.
07:10:04 LIT ME START WITH ANSWERING MR. DINGFELDER'S -- [AUDIO
07:10:13 DISTORTION]
07:10:13 >>GUIDO MANISCALCO: MR. THOMAS, YOU'RE FROZEN THERE.
07:10:22 >> THE PROPERTY AT 1406 NORTH NEBRASKA IS A MULTI-FAMILY
07:10:27 PROPERTY.
07:10:27 THE PROPERTY BEHIND NORTH NEBRASKA IS A VACANT LOT.
07:10:38 AS FOR BUFFERING AND HEDGES, WE MET ALL OF THE REQUIREMENTS
07:10:42 OF THE SPECIAL USE 1 WITH THE APPROPRIATE BUFFERING AND
07:10:45 SEPARATION BETWEEN MULTI-FAMILY AND THE VACANT LOT AND HAVE
07:10:50 STAFF ON THAT.
07:10:51 WE'RE OPEN TO ANYTHING THE BOARD MAY FEEL, BUT WE'RE IN
07:10:55 COMPLIANCE WITH ALL THOSE THINGS.
07:11:00 AGAIN, OUR REAL QUESTION OR REQUEST IS JUST THE WAIVER TO
07:11:02 HAD ACCESS.
07:11:03 WE MET WITH STAFF.
07:11:05 THEY HAVE BEEN A GOOD PARTNER WITH US, MR. COTTON, TO MEET
07:11:09 ALL THE CITY'S REQUIREMENTS.
07:11:10 WE ASK THAT YOU SUPPORT THIS PETITION.
07:11:13 WE BELIEVE IT'S IN LINE WITH THE SAFETY AND NEED FOR PUBLIC
07:11:17 REALM AND THAT PUBLIC SPACE THAT WE DON'T HAVE DRIVEWAYS AND
07:11:20 IT'S CONSISTENT WITH THE CITY'S OVERALL WANT FOR PEDESTRIAN
07:11:25 WALK SPACE.
07:11:27 AND GREEN SPACE.
07:11:28 THAT'S ALL WE HAVE.
07:11:29 IF YOU HAVE ANY QUESTIONS.
07:11:31 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS FOR THE
07:11:33 APPLICANTS FROM COUNCIL MEMBERS?
07:11:39 IS THERE ANYBODY IN THE PUBLIC -- DO WE HAVE ANY PUBLIC
07:11:42 COMMENT OR ANYBODY REGISTERED ON THE LINE OR AT THE
07:11:44 CONVENTION CENTER TO SPEAK FOR THIS ITEM?
07:11:47 REMEMBER, WE HEARD ITEM 6 AND 8 TOGETHER.
07:11:49 WE'LL TAKE TWO SEPARATE VOTES, BUT WE ALREADY HAVE TWO
07:11:53 PRESENTATIONS IN ONE.
07:11:54 WE DON'T HAVE TO DO THIS TWICE.
07:11:55 IS THERE ANYBODY WITH PUBLIC COMMENT, MICHEL?
07:12:00 >>MICHEL MATOS: NO ONE REGISTERED TO SPEAK LIVE.
07:12:03 >>GUIDO MANISCALCO: ALL RIGHT.
07:12:04 ANYBODY AT THE CONVENTION CENTER?
07:12:08 >> THIS IS (INAUDIBLE) FROM PLANNING AND DEVELOPMENT.
07:12:09 THERE IS NO ONE HERE TO SPEAK ON THIS ITEM.
07:12:11 THANK YOU.
07:12:12 >>GUIDO MANISCALCO: ALL RIGHT.
07:12:12 IS THERE ANYTHING ELSE AT THIS POINT BY THE APPLICANTS THAT
07:12:15 THEY WOULD LIKE TO SAY OR ANY OTHER QUESTIONS OR CONCERNS,
07:12:18 COMMENTS FROM COUNCIL MEMBERS?
07:12:20 IF NOT, I WOULD LIKE A MOTION TO CLOSE THE PUBLIC HEARING
07:12:25 AND WE'LL TAKE MOTIONS FROM -- COUNCILMAN GUDES, YOU HAVE A
07:12:28 QUESTION?
07:12:30 >> MOVE.
07:12:31 >>ORLANDO GUDES: SECOND.
07:12:32 >>GUIDO MANISCALCO: MOTION TO CLOSE FROM COUNCILMAN GUDES
07:12:35 AND SECOND FROM COUNCILMAN MIRANDA.
07:12:37 ANY OBJECTION?
07:12:38 HEARING NONE, BY UNANIMOUS CONSENT, THE PUBLIC HEARING IS
07:12:42 CLOSED.
07:12:43 WHAT IS THE PLEASURE OF COUNCIL?
07:12:45 IF WE CAN HAVE TWO MOTIONS FOR 6 AND 8.
07:12:48 THE FIRST MOTION WOULD BE FOR ITEM 6.
07:12:50 WHO WOULD LIKE TO TAKE THAT?
07:12:51 >> I'LL TAKE NUMBER 6, MR. CHAIRMAN.
07:12:54 >>GUIDO MANISCALCO: YES, SIR.
07:12:56 >> I MOVE ITEM 6 WHICH IS SU1-20-49-C.
07:13:02 I MOVE TO OVERTURN THE PERMIT.
07:13:08 THE DENIAL OF THE SU1 APPLICATION.
07:13:11 THE PETITIONER DEMONSTRATED THEY MET THE PUBLIC STANDARDS
07:13:15 AND BASED ON THOSE FINDINGS OF FACT, THE APPLICANT HAS
07:13:20 TESTIMONY ESTABLISHED.
07:13:22 THE APPLICANT WILL NOT IN ANY WAY HARM PUBLIC SAFETY,
07:13:26 GENERAL WELFARE OF THE NEIGHBORHOOD.
07:13:28 >>GUIDO MANISCALCO: ALL RIGHT.
07:13:29 WE HAVE A MOTION.
07:13:30 DO WE HAVE A SECOND?
07:13:33 SECOND FROM COUNCIL MEMBER GUDES.
07:13:36 LET'S HAVE A ROLL CALL PLEASE.
07:13:38 >>LUIS VIERA: YES.
07:13:41 >>ORLANDO GUDES: YES.
07:13:42 >>JOHN DINGFELDER: YES.
07:13:45 >>GUIDO MANISCALCO: YES.
07:13:47 >>BILL CARLSON: YES.
07:13:49 >>JOSEPH CITRO: YES.
07:13:51 >>CHARLIE MIRANDA: YES.
07:13:55 >>MICHEL MATOS: MOTION CARRIES.
07:13:57 >>GUIDO MANISCALCO: MAY I HAVE A MOTION FOR NUMBER 8?
07:14:00 WE HEARD THE PRESENTATION.
07:14:03 COUNCILMAN GUDES?
07:14:04 >>ORLANDO GUDES: SO MOVED.
07:14:05 >>GUIDO MANISCALCO: OKAY.
07:14:08 >> MR. CHAIRMAN, DID YOU -- MR. GUDES, DO YOU WANT TO READ
07:14:11 THE MOTION?
07:14:13 >>ORLANDO GUDES: OKAY.
07:14:13 I'LL READ THE MOTION.
07:14:14 >>GUIDO MANISCALCO: YES, SIR.
07:14:15 IF YOU WANT TO OVERTURN OR UPHOLD.
07:14:20 >>ORLANDO GUDES: I MOVE TO OVERTURN THE DENIAL OF THE SU1
07:14:24 APPLICATION 20-27-C BECAUSE THE PETITIONER DEMONSTRATED THE
07:14:28 PETITION MEETS THE STANDARDS SET FORTH IN SECTION 27-133 AND
07:14:33 GENERAL STANDARDS IN SECTION 27-29-A.
07:14:42 27-29 THE HEALTH AND SAFETY AND [AUDIO DISTORTION] AND
07:14:46 OPERATE ACCORDING TO THE PLAN AS SUBMITTED.
07:14:50 >> SECOND.
07:14:51 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN GUDES AND A
07:14:53 SECOND FROM COUNCILMAN MIRANDA.
07:14:55 ROLL CALL VOTE?
07:14:57 >>LUIS VIERA: YES.
07:14:58 >>ORLANDO GUDES: YES.
07:14:59 >>JOHN DINGFELDER: YES.
07:15:02 >>GUIDO MANISCALCO: YES.
07:15:05 >>BILL CARLSON: YES.
07:15:06 >>JOSEPH CITRO: YES.
07:15:09 >>CHARLIE MIRANDA: YES.
07:15:10 >>MICHEL MATOS: MOTION CARRIES UNANIMOUSLY.
07:15:14 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:15:15 THAT SETTLES 6 AND 8.
07:15:17 THANK YOU, APPLICANTS AND GENTLEMEN.
07:15:20 THANK YOU VERY MUCH.
07:15:21 COUNCILMAN DINGFELDER?
07:15:23 >>JOHN DINGFELDER: QUICK QUESTION BEFORE THE GENTLEMEN
07:15:25 BEFORE THEY POP OUT.
07:15:26 THE NAME OF THE ORGANIZATION, DEVELOPMENT AND SUPPORT
07:15:29 RESOURCES LLC.
07:15:32 NOW THAT WE'RE DONE WITH THE APPROVAL AND EVERYTHING, IS
07:15:35 THIS A SPECIAL NEEDS PROJECT IN TERMS OF THESE 14 UNITS?
07:15:40 OR IS IT JUST COMMERCIAL CONVENTIONAL HOUSING?
07:15:48 >> YEP.
07:15:48 IT'S FEE SIMPLE TOWN HOMES THAT WE'RE BUILDING THERE ON BOTH
07:15:53 PROJECTS.
07:15:54 ALL 13 UNITS.
07:15:57 >>JOHN DINGFELDER: OKAY.
07:15:58 ALL RIGHT.
07:15:58 FANTASTIC.
07:15:59 I THOUGHT BY THE NAME OF THE COMPANY, I THOUGHT PERHAPS IT
07:16:02 WAS SPECIAL NEEDS BUT I APOLOGIZE.
07:16:05 ANYWAY.
07:16:06 I THINK THAT'S FANTASTIC AND IT'S A GREAT LOCATION AND GOOD
07:16:10 LUCK.
07:16:11 >> THANK YOU.
07:16:12 WE'RE LOOKING FORWARD TO IT.
07:16:14 I KNOW WHEN WE WERE ORIGINALLY REACH ING OUT, WE NOTICED
07:16:17 IT'S ACTUALLY ON A BORDER BETWEEN CHAIRMAN MANISCALCO AND
07:16:22 COUNCIL MEMBER GUDES.
07:16:23 IT LITERALLY SPLITS YOUR AREAS.
07:16:26 LIKE, SHOULD WE REACH OUT TO ONE OF THEM?
07:16:29 BOTH OF THEM?
07:16:30 SO THANK YOU FOR YOUR TIME.
07:16:33 >>GUIDO MANISCALCO: TALK TO US ON ONE SIDE OF THE STREET AND
07:16:37 SHOUT ACROSS TO THE OTHER.
07:16:39 THANK YOU VERY MUCH.
07:16:40 ALL RIGHTY.
07:16:41 WE HAVE ITEMS NUMBER 7, NUMBER 9, AND NUMBER 12.
07:16:46 THE FINAL THREE ITEMS.
07:16:50 NINE AND SEVEN, IF THE APPLICANT WOULD TURN ON -- OKAY.
07:16:53 YOU HAVE YOUR CAMERA ON IF YOU WOULD RAISE YOUR HAND, YOU'LL
07:16:57 BE SWORN IN NOW.
07:16:59 >>MICHEL MATOS: PLEASE RAISE YOUR RIGHT HAND.
07:17:00 DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH
07:17:03 AND NOTHING BUT THE TRUTH?
07:17:04 >> I DO.
07:17:05 >> THANK YOU.
07:17:06 THE CLERK'S OFFICE DID NOT RECEIVE ANY WRITTEN COMMENTS ON
07:17:09 THIS ITEM.
07:17:09 >>GUIDO MANISCALCO: OKAY.
07:17:13 WHO WOULD LIKE TO BEGIN?
07:17:15 >>SUSAN JOHNSON-VELEZ: THANK YOU.
07:17:15 SUSAN JOHNSON-VELEZ, SENIOR ASSISTANT CITY ATTORNEY.
07:17:18 THIS IS A REVIEW HEARING FOR AN SU1 SPECIAL USE PERMIT.
07:17:24 IT'S ONE THAT HAS ALREADY BEEN DETERMINED TO BE AN ALLOWED
07:17:27 USE IF IT MEETS THE CODE CRITERIA FOR THAT USE THAT IS FOUND
07:17:31 IN SECTION 27-132 FOR THIS SPECIFIC USE WHICH IN THIS CASE
07:17:35 AGAIN IS A DWELLING MULTI-FAMILY AND SINGLE-FAMILY ATTACHED.
07:17:39 AS WELL AS THE GENERAL CRITERIA FOR ALL SPECIAL USE
07:17:43 APPLICATIONS FOUND IN 27-129.
07:17:46 THIS APPLICATION DID NOT MEET THE CODE OF CRITERIA.
07:17:50 PETITIONERS ARE HERE TO REQUEST A WAIVER FROM YOU WHICH
07:17:54 STAFF CAN NOT APPROVE BECAUSE STAFF CAN NOT GRANT WAIVERS.
07:17:56 THE PETITION HAS THE BURDEN TO PROVE THEY MEET THE CRITERIA
07:17:59 FOR THE WAIVER WHICH COUNCIL SHALL GRANT IF THEY FIND THE
07:18:03 APPLICATION AFTER GRANTING THE WAIVER IS CONSISTENT WITH THE
07:18:07 APPLICABLE GENERAL STANDARDS IN SECTION 2000-29.
07:18:11 THIS IS DE NOVO WHICH MEANS YOU ARE NOT LIMITED TO THE
07:18:14 INFORMATION, DOCUMENTATION OR EVIDENCE UPON WHICH STAFF
07:18:18 BASED ITS DECISION.
07:18:19 YOU MUST APPLY THE CRITERIA TO THE CODE IN THE EVIDENCE
07:18:23 PRESENTED.
07:18:23 I'LL TURN IT OVER TO MR. COTTON TO PRESENT THE CASE AND
07:18:26 EXPLAIN THE WAIVERS THAT ARE BEING REQUESTED.
07:18:30 >>ERIC COTTON: AFTERNOON -- EVENING, COUNCIL, SORRY.
07:18:33 I'M ERIC COTTON.
07:18:34 PLANNING AND DEVELOPMENT.
07:18:34 THE APPLICANT IS PALMVIEW VILLAS.
07:18:37 THANK YOU.
07:18:39 PROPERTY AT 2909 EAST GENESEE STREET.
07:18:42 THE REQUEST IS FOR MULTI-FAMILY RESIDENTIAL.
07:18:44 THE PROPERTY ITSELF IS ZONED CI, COMMERCIAL INTENSIVE.
07:18:50 SIMILAR TO THE PREVIOUS CASE, IT'S A SPECIAL USE 1.
07:18:54 TWO CRITERIA YOU HAVE TO MEET.
07:18:56 ONE IS YOU HAVE TO COMPLY WITH THE RM-24 DEVELOPMENT
07:19:00 STANDARDS.
07:19:01 THE OTHER ISSUE IS HAVING ACCESS TO AN ARTERIAL COLLECTOR
07:19:07 ROAD.
07:19:08 IN THIS CASE THIS HAS THREE STREET FRONTAGES.
07:19:15 (INAUDIBLE) TO THE ACTUAL MAP.
07:19:16 THIS HAS ACCESS ON TO 38th AVENUE, NORTH 30th STREET AND
07:19:22 EAST GENESEE.
07:19:23 ALL THREE STREETS ARE LOCAL ROADS.
07:19:25 SO THE PROPERTY CAN'T MEET THAT REQUIREMENT IN HAVING ACCESS
07:19:28 ON TO AN ARTERIAL COLLECTOR.
07:19:30 JUST GOING BACK REAL QUICK TO THE SITE PLAN.
07:19:34 OH, LET ME TRY AGAIN.
07:19:36 GOING BACK TO THE SITE PLAN.
07:19:38 THIS IS THE REQUEST.
07:19:39 IT COMPLIES WITH THE RM-24 STANDARDS.
07:19:45 SO JUST JUMPING AHEAD, LOOKING AT PHOTOS AROUND THE
07:19:49 PROPERTY.
07:19:50 IT'S A VACANT PIECE OF PROPERTY.
07:19:51 THIS IS THE VIEW FROM 30th.
07:19:54 THIS IS THE VIEW FROM GENESEE.
07:19:58 THESE ARE JUST PHOTOS OF SURROUNDING PROPERTY.
07:20:00 THE ROAD DEAD ENDS INTO THE RAILROAD TRACKS.
07:20:04 THEN JUST AGAIN SURROUNDING PROPERTIES IN THE AREA.
07:20:11 SO AGAIN, THE REQUEST IS STRICTLY TO GET A WAIVER FROM CITY
07:20:20 COUNCIL TO ALLOW ACCESS ON TO A LOCAL STREET VERSUS HAVING
07:20:23 THE REQUIREMENTS TO BE ON ARTERIAL COLLECTOR.
07:20:27 ANY QUESTIONS, I'LL BE MORE THAN HAPPY TO ANSWER THEM FOR
07:20:31 YOU.
07:20:31 >>GUIDO MANISCALCO: ANY QUESTIONS FOR MR. COTTON?
07:20:34 HEARING NONE, APPLICANT?
07:20:39 >> GOOD EVENING, COUNCIL.
07:20:40 I'M [AUDIO DISTORTION] 401 EAST JACKSON STREET, SUITE 2100.
07:20:44 I'M HERE BEFORE YOU TONIGHT AS THE AGENT FOR PALMVIEW
07:20:49 VILLAS, AND ERIC GAVE A GREAT DESCRIPTION OF OUR REQUEST
07:20:52 THAT'S BEFORE YOU TONIGHT.
07:20:53 I DO HAVE A BRIEF PRESENTATION IF I MAY SHARE MY SCREEN.
07:21:02 >>GUIDO MANISCALCO: GO AHEAD.
07:21:22 >> IT WON'T LET ME MOVE IT OVER.
07:21:23 HOLD ON ONE SECOND.
07:21:25 LET ME MOVE YOU OVER.
07:21:26 >>GUIDO MANISCALCO: IF YOU MINIMIZE YOUR BROWSER IT MIGHT
07:21:29 POP UP BEHIND IT.
07:21:37 >> MR. CHAIRMAN IS GETTING PRETTY TECHNICAL THERE.
07:21:40 >>GUIDO MANISCALCO: SEE, WHAT IF YOU CLICK ON THE ITEM IN
07:21:43 THE STREET?
07:21:44 THE GENESEE STREET --
07:21:49 >> THERE IT IS.
07:21:50 >> THANK YOU.
07:21:50 THANKS FOR YOUR PATIENCE.
07:21:56 OKAY.
07:22:09 STILL -- OKAY.
07:22:16 IT'S STILL WEIRD OVER HERE.
07:22:17 OKAY.
07:22:18 I'LL JUST GO OVER THESE.
07:22:20 FOR SOME REASON IT WON'T GO TO FULL SCREEN.
07:22:22 AS ERIC MENTIONED TO YOU, THIS IS ON NORTH 30th STREET AND
07:22:26 EAST GENESEE STREET.
07:22:27 WE'RE IN THE TAMPA COMPREHENSIVE PLAN CENTRAL PLANNING
07:22:30 DISTRICT, AND THERE ARE TWO -- BOTH GENESEE AND 38th ARE
07:22:34 BOTH DEAD END STREETS DUE TO THE CSX THAT RUNS ON THE
07:22:39 WESTERN SIDE OF THIS PROPERTY.
07:22:42 HERE ARE THE PROPERTY SHOWN TO YOU IN BLUE.
07:22:45 IT'S A 1.29 ACRE SITE.
07:22:47 IT'S ACTUALLY ZONED COMMERCIAL INTENSIVE AT THIS PROPERTY.
07:22:51 THERE IS TWO PLACES THAT RELIGIOUS ASSEMBLY IMMEDIATELY TO
07:22:55 THE SOUTH.
07:22:57 THIS IS -- SO WHAT'S INTERESTING ABOUT THE WHOLE CI HERE IS
07:23:02 THAT YOU CAN ACTUALLY PUT A VEHICLE CAR SALES LOT HERE AND
07:23:05 BY RIGHT, YOU'D BE ABLE TO ACCESS ANY OF THESE THREE LOCAL
07:23:09 STREETS BUT IN ORDER FOR US TO PUT IN-FILL HOUSING IN THIS
07:23:15 LOCATION THROUGH THE SPECIAL USE PROCESS, WE ARE REQUIRED TO
07:23:18 ACCESS ARTERIAL OR COLLECTOR STREET WHICH THIS PROPERTY DOES
07:23:22 NOT HAVE ANY THAT IS ABUTS IT.
07:23:26 THERE IS RESIDENTIAL TO THE NORTH ALONG GENESEE.
07:23:29 THE TWO PLACES OF RELIGIOUS ASSEMBLY I JUST MENTIONED TO
07:23:34 YOU.
07:23:34 THEN A SERIES OF RESIDENTIAL ON THE EAST SIDE OF 30th.
07:23:41 SHOWN HERE FOR YOU IS THE ZONING ATLAS.
07:23:43 IT DOES SHOW YOU THAT CI.
07:23:45 ALL OF THAT RED IS CI.
07:23:47 SO THE SUBJECT PROPERTY PLUS THE TWO CHURCHES ARE CI AND THE
07:23:52 CORRIDOR OF 30th, EVEN THOUGH CONTAINING RESIDENTIAL SOME
07:23:57 PLACES SINGLE FAMILY RESIDENTIAL IS COMMERCIAL GENERAL.
07:24:01 THERE IS A PB OVER ON NORTH BAY.
07:24:04 I BELIEVE THAT'S ALSO PLACED RELIGIOUS ASSEMBLY.
07:24:07 THEN AS YOU COME DOWN THE 30th STREET CORRIDOR TO MARTIN
07:24:11 LUTHER KING, JR. BOULEVARD THERE IS COMMERCIAL INTENSIVE
07:24:14 THAT PICKS UP THERE.
07:24:17 THIS SLIDE ALSO ALLOWS YOU TO SEE THAT CSX ON THE WESTERN
07:24:21 SIDE OF THE PROPERTY.
07:24:24 THERE ARE THE TWO CRITERIA THAT ERIC MENTIONED IN RELATION
07:24:28 TO THE SPECIAL USE STANDARDS.
07:24:30 THE SITE PLAN, I THINK ERIC MAY HAVE AN OLDER VERSION OF
07:24:35 THIS.
07:24:35 THIS SITE PLAN ASKS FOR TWO OR REQUESTS TWO LOCAL STREET
07:24:39 ACCESS.
07:24:41 ONE ON 30th AND ONE ON GENESEE.
07:24:42 I BELIEVE THIS IS DUE TO FIRE REQUIREMENTS FOR CIRCULATION
07:24:47 ON THE SITE.
07:24:48 WE DO HAVE TO HAVE A SECOND INGRESS AND EGRESS, AND THAT IS
07:24:52 BEING PROPOSED ON 30th.
07:24:54 WHAT IS BEING PROPOSED ON THIS PROPERTY IS 30 MULTI-FAMILY
07:24:58 UNITS.
07:24:59 THAT'S FIVE BUILDINGS WITH SIX UNITS EACH.
07:25:04 AGAIN, JUST TO GO OVER THE LOCAL ACCESS, GENESEE IS A LOCAL
07:25:07 STREET.
07:25:08 30th IS A LOCAL STREET AND 38th IS A LOCAL STREET.
07:25:12 AS I PREVIOUSLY MENTIONED TO YOU, THE CI DISTRICT ALLOWS FOR
07:25:16 FAR MORE INTENSE USES THAT GIVEN THIS PROPERTY'S LOCATION
07:25:21 WOULD BE ABLE TO ACCESS EITHER ONE OF THESE STREETS BY RIGHT
07:25:26 WHICH MAKES IT KIND OF ODD.
07:25:28 THE OTHER SIDE TO THIS IS IF WE HAD ZONED THE PROPERTY RM-24
07:25:34 WE'D BE ALLOWED TO ACCESS THE LOCAL STREET BY RIGHT.
07:25:40 IT'S ALMOST AN IDIOSYNCRASY IN THE CODE THAT PERHAPS WHEN A
07:25:45 PROPERTY ONLY ACCESSES A LOCAL, YOU HAVE TO GET ACCESS TO
07:25:48 YOUR PROPERTY SO IT'S KIND OF ODD THAT MORE INTENSIVE USES
07:25:52 WOULD BE ALLOWED TO GET ACCESS TO ONE OF THESE STREETS BY
07:25:55 RIGHT, AND A LESSER INTENSIVE USE THAT'S MORE COMPATIBLE
07:26:01 WOULD NOT BE ABLE TO ACCESS WITHOUT A WAIVER.
07:26:04 THAT BEING SAID, THE NORTH 30th STREET CORRIDOR IS
07:26:08 DESIGNATED COMMUNITY MIXED USE 35.
07:26:11 THEN YOU HAVE THE CC35.
07:26:13 THIS PROPERTY IS ZONED CI WHICH I JUST WENT OVER WHICH
07:26:16 ALLOWS FOR MORE INTENSIVE USES WHICH COULD ACCESS THE LOCAL
07:26:22 STREET.
07:26:22 LASTLY THE MULTI-FAMILY DWELLING USE IN THE ZONING DISTRICT,
07:26:27 A TYPICAL THAT WOULD BE ALLOWED IN THE LAND USE COULD ACCESS
07:26:31 A LOCAL STREET BY RIGHT.
07:26:33 WE WOULD RESPECTFULLY REQUEST YOUR APPROVAL THIS EVENING TO
07:26:37 OVERTURN THE DECISION OF THE ZONING ADMINISTRATOR AND ALLOW
07:26:42 FOR ACCESS TO THE LOCAL STREET FOR THIS USE.
07:26:47 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:26:48 DO WE HAVE ANY QUESTIONS FOR THE PETITIONER?
07:26:52 COUNCILMAN DINGFELDER.
07:26:54 >>JOHN DINGFELDER: MR. CHAIRMAN, YOU CALLED ON ME BEFORE MY
07:26:59 HAND WENT UP.
07:27:01 >>GUIDO MANISCALCO: I COULD SENSE IT COMING.
07:27:03 >>JOHN DINGFELDER: A COUPLE OF THINGS.
07:27:06 COULD YOU PUT UP YOUR SLIDE FROM ABOUT HALFWAY THROUGH
07:27:13 THE -- IT'S THE AERIAL.
07:27:14 IT SHOWS THE NEIGHBOR TO THE, I THINK IT'S TO THE NORTH.
07:27:19 I'M NOT SURE WHAT DIRECTION IT IS ACTUALLY.
07:27:25 >> THE OTHER -- OH, YOU KNOW WHAT?
07:27:26 I ALSO HAD -- I DO HAVE SOME PHOTOS ALSO BUT I CAN PUT
07:27:33 UP --
07:27:33 >>JOHN DINGFELDER: THE PHOTO THAT WOULD BE MOST HELPFUL TO
07:27:37 ME IS THE PHOTO OF THAT STRUCTURE ON THE OTHER SIDE OF 30th
07:27:42 DIRECTLY ACROSS FROM YOUR DRIVEWAY.
07:27:43 YOUR PROPOSED DRIVEWAY.
07:27:48 >> THAT'S A CHURCH.
07:27:49 >> THIS IS THE BETHEL CHURCH.
07:27:51 OH, ON THE -- ON 30th RIGHT HERE ACROSS FROM THE DRIVEWAY.
07:27:57 >>JOHN DINGFELDER: WHAT IS THAT?
07:27:58 >> LET ME -- IT IS -- IT'S THE GARAGE AND THE BACKSIDE OF A
07:28:07 HOUSE IF YOU CAN SEE.
07:28:11 >>JOHN DINGFELDER: ALL RIGHT.
07:28:12 YOU'RE COMING OUT BASICALLY AROUND THAT PALM TREE.
07:28:15 >> YES.
07:28:15 IT'S IN THAT AREA HERE.
07:28:18 >>JOHN DINGFELDER: OKAY.
07:28:18 AND WHAT -- SEE, MY CONCERN AND MY QUESTION IS, AND IF YOU
07:28:24 HAD STILL BEEN HERE TO REVIEW THIS APPLICATION, I THINK
07:28:27 YOU'D HAVE THE SAME QUESTION AS THE STAFF MEMBER.
07:28:31 BUT IT'S NOT A QUESTION OF DOES THIS PROPERTY HAVE A RIGHT
07:28:34 TO GET OUT TO A SMALLER STREET BECAUSE CLEARLY, IT DOES.
07:28:40 BUT THE QUESTION IS WHAT'S THE BEST PLACE TO GET OUT?
07:28:44 AND NOW IF YOU WOULD GO TO -- AND ONE OF -- THE REASON I'M
07:28:47 CONCERNED ABOUT IT IS YOU NOW HAVE PROPOSED 30 UNITS AND I
07:28:53 DON'T KNOW HOW MANY TRIPS PER DAY THAT IS.
07:28:55 WAIT, WAIT, GO BACK TO THAT ONE.
07:29:00 THE PHOTOGRAPH YOU HAD THERE.
07:29:02 YOU HAVE 30 UNITS COMING OUT OF THAT PALM TREE WITH X-NUMBER
07:29:07 OF TRIPS PER DAY IN AND OUT DIRECTLY ACROSS THE STREET ON A
07:29:10 VERY SMALL STREET WITH A SIDEWALK DIRECTLY ACROSS THE STREET
07:29:14 FROM THAT SINGLE-FAMILY HOUSE.
07:29:17 NOW IF YOU PULL BACK AND GO TO THAT SLIDE THAT SHOWS THE
07:29:21 BIGGER PICTURE, NOT A PHOTOGRAPH.
07:29:27 YEAH, OKAY.
07:29:31 >> THIS IS US HERE.
07:29:32 >>JOHN DINGFELDER: YEAH.
07:29:33 TO ME, THE BETTER PLACE TO COME OUT WOULD HAVE BEEN ON
07:29:37 THAT -- BY THE CHURCH.
07:29:39 BECAUSE THE CHURCH IS HARDLY USED EXCEPT ON SUNDAY AND BLAH
07:29:42 BLAH BLAH.
07:29:43 WHY NOT COME OUT -- WHY DIDN'T THEY DESIGN THIS THING TO
07:29:47 COME OUT ON THAT LITTLE USE STREET THAT WOULD SHARE THE USE
07:29:51 WITH THE CHURCH ANOTHER, YOU KNOW, MORE INTENSIVE USE?
07:29:57 >> I BELIEVE -- LET ME GO BACK.
07:29:59 >>JOHN DINGFELDER: LET ME FINISH.
07:30:01 THAT'S 38th.
07:30:03 THAT'S 38th STREET FOR THE RECORD OR 38th AVENUE FOR THE
07:30:06 RECORD.
07:30:07 >> UH-HUH.
07:30:11 YEAH.
07:30:12 THAT IS BECAUSE THE SITE DRAINS TO THAT SIDE, AND THAT
07:30:19 IS -- WHEN YOU LOOK AT OUR SITE PLAN, THAT IS WHERE THE
07:30:22 STORM WATER RETENTION HAD TO BE CONFIGURED.
07:30:25 IN ORDER -- BECAUSE THIS IS AN AFFORDABLE HOUSING, WORKFORCE
07:30:31 HOUSING.
07:30:33 WE CAN NOT AFFORD TO VAULT THE STORM WATER THAT'S REQUIRED
07:30:37 FOR THIS SITE, SO THAT HAS BEEN DESIGNED IN A WAY TO BALANCE
07:30:43 THE STORM WATER REQUIREMENTS, THE GREEN SPACE REQUIREMENTS,
07:30:47 THE PARKING REQUIREMENTS, THE FIRE ACCESS REQUIREMENTS.
07:30:52 AND THE REQUIRED DISTANCE SEPARATION FROM THE INTERSECTION
07:30:54 ON 30th AND IN THE ON GENESEE TO ALLOW FOR ACCESS TO THE
07:30:59 PROPERTY.
07:31:03 >>JOHN DINGFELDER: WELL, I MEAN, EITHER OF THOSE BUILDINGS
07:31:07 COULD HAVE BEEN RECONFIGURED TO GO UP ON THE OTHER SIDE
07:31:10 WHERE YOU HAVE THE RETENTION POND, NUMBER ONE.
07:31:19 UP THERE IN THE TOP AND SQUEEZE THAT OUT OR SOMETHING OR
07:31:23 OTHER.
07:31:23 I DON'T KNOW.
07:31:23 TO ME IF THIS IS ALL ABOUT WHAT IS THE BEST WAY TO ADDRESS
07:31:30 THE UNIT, I DON'T THINK DIRECTLY ACROSS THE STREET FROM A
07:31:35 SINGLE-FAMILY HOUSE.
07:31:36 SO.
07:31:37 THAT'S JUST MY OPINION.
07:31:44 DO YOU HAVE A (INAUDIBLE) WITH YOU TODAY?
07:31:46 >> I DON'T HAVE THE ENGINEER WITH ME TONIGHT.
07:31:48 NO, I DON'T.
07:31:52 >> MAY I INQUIRE?
07:31:55 MARTIN SHELBY, CITY COUNCIL ATTORNEY.
07:31:59 WHAT SPECIFICALLY IS THE, AGAIN, STATED THE ISSUE BEFORE
07:32:04 COUNCIL TONIGHT.
07:32:06 MR. COTTON?
07:32:10 >>ERIC COTTON: YOU WANT ME TO RESPOND?
07:32:13 >>MARTIN SHELBY: YES, PLEASE.
07:32:14 >>ERIC COTTON: OKAY.
07:32:15 ERIC COTTON, PLANNING AND DEVELOPMENT.
07:32:18 THE ISSUE IS ASKING FOR A WAIVER FOR ACCESS.
07:32:23 [AUDIO DISTORTION].
07:32:26 >>MARTIN SHELBY: SO THEN, COUNCIL, I BELIEVE IT'S PROPER FOR
07:32:30 YOU TO LOOK AT POTENTIAL ADVERSE IMPACTS AND IF THERE ARE AS
07:32:35 MS. JOHNSON-VELEZ STATED EARLIER, IF THERE ARE CONDITIONS OR
07:32:40 THINGS THAT NEED TO BE ADJUSTED TO BE ABLE TO ADDRESSED
07:32:44 ADVERSE IMPACTS, THAT'S SOMETHING THAT CAN BE ADDRESSED.
07:32:46 I WANTED TO BE CLEAR THAT CERTAINLY IT HAS TO BE WITHIN THE
07:32:52 CONFINES OF NOT ADDRESSING SOMETHING OUTSIDE THE SCOPE OF
07:32:56 THIS PARTICULAR REQUEST BEFORE COUNCIL.
07:33:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
07:33:04 >> MR. CHAIRMAN, THIS IS A COST FACTOR BECAUSE IT'S EITHER
07:33:07 GOING TO BE A WORKFORCE HOUSING THAT IT WASN'T VAULTING.
07:33:10 IS THAT MY UNDERSTANDING?
07:33:13 >> YES.
07:33:14 THAT WAS PART OF IT.
07:33:16 THIS SITE PLAN DID GO THROUGH THE CITY'S DEVELOPMENT REVIEW
07:33:19 COMMITMENT COMMITTEE.
07:33:22 -- COMMITTEE.
07:33:24 IT RECEIVED APPROVAL FROM TRANSPORTATION, STORMWATER, LAND
07:33:28 DEVELOPMENT, NATURAL RESOURCES AND WAS READY TO PROCEED TO
07:33:30 PERMITTING.
07:33:31 IT SHOULD HAVE BEEN AT PERMITTING MONTH SAID AGO BUT DUE TO
07:33:36 THE LOCAL STREET ACCESS, IT DID NOT TO COME -- IT WAS
07:33:39 DENIED.
07:33:45 THERE WERE NO OTHER WAIVERS OR RELIEF THE PROJECT NEEDED
07:33:49 EXCEPT THE LOCAL STREET ACCESS.
07:33:50 >>JOHN DINGFELDER: JUST FOR THE RECORD AND CLARIFICATION,
07:33:53 TRANSPORTATION COULD NOT HAVE APPROVED THIS.
07:33:57 I MEAN, THEY COULDN'T HAVE APPROVED IT.
07:34:00 BECAUSE IT'S -- [AUDIO DISTORTION].
07:34:02 >> THEY DID REVIEW THE PROPOSED ACCESS POINTS FOR TECHNICAL
07:34:08 STANDARD SATISFACTION TO MAKE SURE THEY WERE REQUIRED
07:34:11 DISTANCE FROM THE INTERSECTIONS AND WHERE THEY WOULD
07:34:16 NOT -- WOULD NEED TO BE LOCATED.
07:34:17 IF GRANTED BY COUNCIL, THEY ARE IN AN APPROVABLE LOCATION.
07:34:28 >>GUIDO MANISCALCO: OKAY.
07:34:28 ANYTHING ELSE?
07:34:34 ALL RIGHT.
07:34:35 IS THERE PUBLIC COMMENT?
07:34:36 ANYBODY REGISTERED TO SPEAK FOR THIS ITEM?
07:34:40 >>MICHEL MATOS: NO ONE HAS REGISTERED TO SPEAK ON THIS ITEM.
07:34:43 >>GUIDO MANISCALCO: ANYBODY AT THE TAMPA CONVENTION CENTER
07:34:45 THAT WISHES TO SPEAK?
07:34:49 >> THERE IS NO ONE HERE TO SPEAK ON THIS ITEM.
07:34:52 THANK YOU.
07:34:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:34:57 ALL RIGHT.
07:34:58 ANYTHING ELSE FROM COUNCIL MEMBERS?
07:35:01 ANYTHING ELSE FROM THE APPLICANT?
07:35:03 MAY I HAVE A MOTION TO CLOSE THE PUBLIC HEARING?
07:35:08 >> SO MOVED.
07:35:09 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA AND
07:35:12 COUNCILMAN GUDES.
07:35:13 ANY OBJECTION?
07:35:13 HEARING NONE THE PUBLIC HEARING IS NOW CLOSED.
07:35:15 FOR ITEM NUMBER 7, WHAT IS THE PLEASURE OF COUNCIL?
07:35:24 WHAT IS THE PLEASURE OF COUNCIL?
07:35:30 TO UPHOLD OR OVERTURN THE DECISION?
07:35:47 ANYONE?
07:35:49 COUNCILMAN GUDES.
07:35:52 >>ORLANDO GUDES: I'LL GO AHEAD AND MOVE TO OVERTURN THE
07:35:56 ZONING ADMINISTRATOR'S DENIAL WITH THE ISSUE FOR ONE
07:36:00 APPLICATION 20-12 BECAUSE THE PETITIONER DEMONSTRATED THE
07:36:08 PETITION MEETS THE SPECIFIC STANDARDS IN THE GENERAL
07:36:12 STANDARD SET FORTH IN SECTION 27-129 AND SECTION 27-129 FOR
07:36:20 THE USE -- [AUDIO DISTORTION] GENERAL WELFARE IF LOCATED AND
07:36:28 OPERATE ACCORDING TO THE PLAN SUBMITTED.
07:36:32 >> SECOND.
07:36:37 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN CITRO.
07:36:40 >> MOTION.
07:36:42 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER?
07:36:45 >>JOHN DINGFELDER: THANK YOU.
07:36:48 JUST BEFORE THE VOTE IS TAKEN, I'M LOOKING AT THE SITE PLAN.
07:36:51 THE SITE PLAN MAKES NO REFERENCE TO WORKFORCE HOUSING.
07:36:54 THE STAFF REPORT MAKES NO REFERENCE TO WORKFORCE HOUSING
07:36:58 THAT I CAN SEE.
07:37:00 I'M GOING TO BE VOTING NO BASED ON THE FACT THAT IT'S NOT
07:37:04 THAT I DON'T BELIEVE THEY CAN'T COME OUT ON A LOCAL ROAD
07:37:07 BECAUSE THEY OBVIOUSLY, THAT'S THE ONLY PLACE THEY CAN COME
07:37:10 OUT.
07:37:11 BUT I DO BELIEVE THERE IS A BETTER LOCAL ROAD IN THE FORM
07:37:15 OF, WELL, THERE IS A BETTER LOCAL ROAD THAN THE LOCATION
07:37:18 THAT THEY HAVE CHOSEN.
07:37:19 THERE IS NO GUARANTEES THAT THIS WORKFORCE HOUSING AND WITH
07:37:23 ALL DUE RESPECT MY FRIEND, THERE IS NO WRITTEN GUARANTEES OF
07:37:32 THAT.
07:37:32 I BELIEVE HER BUT THAT DIDN'T MEAN ANYTHING LEGALLY.
07:37:35 THANK YOU.
07:37:35 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
07:37:38 >> MR. CHAIR?
07:37:40 I DON'T KNOW IF SHE CAN ANSWER THIS QUESTION FOR
07:37:44 MR. DINGFELDER OR NOT.
07:37:45 HAS THE CITY CONTRIBUTED ANYTHING TO THE AFFORDABLE HOUSING
07:37:47 PLAN FOR THIS DEVELOPMENT?
07:37:48 OR THE STATE OR JUST A PRIVATE DEVELOPER IS DOING THIS?
07:37:55 >>JOHN DINGFELDER: WANT TO MOVE TO REOPEN, MR. CHAIR.
07:37:57 >>GUIDO MANISCALCO: CAN WE GET A MOTION TO REOPEN THIS
07:38:01 HEARING?
07:38:03 >>JOHN DINGFELDER: SO MOVED.
07:38:05 >> SECOND.
07:38:07 >>GUIDO MANISCALCO: SECOND FROM COUNCIL MEMBER CARLSON.
07:38:10 ANY OBJECTION?
07:38:11 HEARING NONE THE HEARING SNOW REOPENED.
07:38:14 -- IS NOW REOPENED.
07:38:15 GO AHEAD.
07:38:16 >> THANK YOU.
07:38:17 ABBY FEELY.
07:38:19 COUNCIL MEMBER DINGFELDER, AS YOU'RE AWARE, YOUR CODE
07:38:23 DOESN'T HAVE A CLASSIFICATION FOR WORKFORCE HOUSING.
07:38:27 I CAN'T PUT THAT ON -- IT'S MULTI-FAMILY HOUSING JUST LIKE
07:38:30 STUDENT HOUSING IS MULTI-FAMILY HOUSING RIGHT NOW.
07:38:34 THAT'S AN EFFORT THE CITY IS UNDERTAKING THAT I HOPE SHORT
07:38:36 LY WILL START TO HAVE SOME CODE CLARIFICATION BECAUSE MANY
07:38:40 OF THESE PEOPLE DON'T HAVE CARS AND WON'T NECESSARILY BE 30
07:38:46 SETS OF TRIPS THAT ARE COMING OUT OF THE PROJECT.
07:38:51 SO I DON'T -- THERE IS NOT EVEN A USE IN THE CITY'S CODE
07:38:56 RIGHT NOW THAT SAYS WORKFORCE OR AFFORDABLE HOUSING AS A USE
07:39:00 CATEGORY UNDER THE LAND DEVELOPMENT CODE.
07:39:04 SO TO MAKE A COMMITMENT ON A PLAN TO SOMETHING THAT IS NOT
07:39:07 EVEN IN THE CODE, THAT'S -- THAT'S A BIT HARD AT THIS POINT.
07:39:13 THAT IS THE INTENTION.
07:39:15 THAT'S THE -- THE APPLICANT'S INTENTION.
07:39:18 THERE IS NO FUNDING SOURCE THAT'S COMING FROM THE CITY IN
07:39:21 RELATION TO THIS PROJECT.
07:39:23 THE APPLICANT WAS HOPING TO HAVE BEEN OUT OF THE GROUND, YOU
07:39:28 KNOW, MONTHS AGO.
07:39:29 UNFORTUNATELY DUE TO COVID AND THE HEARING THAT WAS
07:39:33 SCHEDULED MONTHS GUY THAT IS NOW HAPPENING THIS EVENING,
07:39:36 IT'S THEIR INTENT TO MOVE FORWARD WITH PERMITTING OF THIS
07:39:39 PROJECT AS SOON AS POSSIBLE AND PROVIDE 30 UNITS WITHIN THIS
07:39:43 PART OF THE CITY.
07:39:45 >>GUIDO MANISCALCO: COUNCILMAN GUDES?
07:39:47 >>ORLANDO GUDES: SHE ANSWERED MY QUESTION EXPLAINING TO
07:39:50 MR. DINGFELDER.
07:39:51 MY QUESTION IS WAS THERE ANY FUNDING FROM THE CITY BRINGING
07:39:54 FEDERAL DOLLARS TOWARDS THIS PROJECT.
07:39:56 SHE ANSWERED THAT IT IS A PRIVATE DEVELOPMENT.
07:40:00 RIGHT?
07:40:00 >> THAT IS CORRECT, SIR.
07:40:02 >>GUIDO MANISCALCO: YES, SIR.
07:40:03 COUNCILMAN DINGFELDER?
07:40:05 >>JOHN DINGFELDER: THANK YOU.
07:40:09 YEAH, I AGREE THERE MIGHT NOT BE ANYWHERE IN THE CODE THAT
07:40:13 SPEAKS TO THIS AT THIS TIME BUT YOU SPOKE TO IT AT THIS TIME
07:40:18 TO, YOU KNOW, TO HELP US MAKE OUR DECISION.
07:40:23 YOU OFFERED THE FACT IT WAS WORKFORCE HOUSING.
07:40:26 THAT'S WHY THE SITE PLAN COULDN'T BE CHANGED AND THE STORM
07:40:28 WATER COULDN'T BE MOVED, ET CETERA, ET CETERA.
07:40:30 I JUST WANT TO MAKE SURE AND MS. JOHNSON-VELEZ OR MR. SHELBY
07:40:38 CAN CONFIRM THERE IS NO GUARANTEE ABOUT IT.
07:40:40 ONCE WE APPROVE THE SPECIAL USE EXCEPTION, IT'S APPROVED ON
07:40:44 THAT LAND AND YOUR CLIENT CAN SELL IT TOMORROW, EVEN THOUGH
07:40:47 HE IS WELL INTENDED TODAY, HE CAN SELL IT TOMORROW AND IT
07:40:52 WOULD BE MULTI-FAMILY APPROVED COMING OUT INTO A RESIDENTIAL
07:40:59 STREET.
07:41:00 SO THAT'S MY ONLY POINT.
07:41:02 OBVIOUSLY I BELIEVE YOU AND I DON'T KNOW YOUR CLIENT, BUT I
07:41:05 BELIEVE YOUR CLIENT AND EVERYTHING ELSE.
07:41:07 FROM A LEGAL PERSPECTIVE, WITH NOTHING BINDING THAT IT'S
07:41:12 RELATED TO WORKFORCE HOUSING.
07:41:15 >> MAY I SPEAK, MR. CHAIRMAN?
07:41:18 >>GUIDO MANISCALCO: YES, SIR, COUNCILMAN MIRANDA.
07:41:22 >>CHARLIE MIRANDA: THIS IS A COMPLEX ISSUE.
07:41:23 I'M NOT SAYING MR. DINGFELDER IS RIGHT OR WRONG OR THE
07:41:26 PETITIONER IS WRONG.
07:41:27 WHEN YOU START TO LOOK AT WHAT IS WORKFORCE HOUSING AND
07:41:30 AFFORDABLE HOUSING, THERE IS NO DOLLAR ATTACHED TO IT SMEARS
07:41:34 A MONTHLY INSTALLMENT THAT YOU HAVE TO PAY.
07:41:36 IT BECOMES A THING THAT IS VERY APPRECIATIVE AS TO WHAT IS
07:41:42 THE AMOUNT?
07:41:43 800?
07:41:43 500?
07:41:44 IS IT 1,000?
07:41:45 1500?
07:41:48 I DON'T REALLY KNOW THAT TO BE A FACT.
07:41:50 I DON'T THINK THIS CODE ADDRESSES THAT OR I DON'T KNOW OF
07:41:53 ANY CODE THAT ADDRESSES WHAT AFFORDABLE HOUSING IS AS FAR AS
07:41:56 RENT SUBSIDY.
07:41:58 I KNOW WHEN YOU GO -- THERE IS CERTAINLY THAT AND DIFFERENT
07:42:00 THINGS WITH THE TAMPA HOUSING AUTHORITY.
07:42:04 THEY HAVE A SCALE YOU HAVE.
07:42:06 THEY GAUGE IT BY THAT.
07:42:07 THEY GAUGE IT BY THE INCOME OF THE PERSON AND WHAT THEY PAY
07:42:10 AND WHAT THE GOVERNOR WILL PAY AND THOSE THINGS ARE SET IN
07:42:15 AGREEMENT WITH THE PROPERTY OWNERS.
07:42:17 THIS IS NOT.
07:42:19 SO WE'RE VERY DIFFERENT AND WE'RE DIFFERENT BUT WE'RE NOT
07:42:21 DIFFERENT.
07:42:22 WE'RE DIFFERENT BECAUSE IT'S SOMETHING THAT PEOPLE SAY AND
07:42:26 NOT ONLY I'M NOT TALKING ABOUT THIS PETITION BUT ANY
07:42:29 PETITION.
07:42:30 THERE IS NO AMOUNT THAT SAYS THAT WHAT IT SHOULD BE OR COULD
07:42:34 BE.
07:42:36 IT'S A FACT THAT WE HAVE TO SOMETIMES, AND I KNOW YOU HEARD
07:42:40 ME SAY IT MANY TIMES, VERIFY AND I TRUST.
07:42:45 BUT HOW DO I VERIFY THIS?
07:42:47 THERE IS NO VERIFICATION ANYWAY.
07:42:50 NONE AS I SEE IT.
07:42:53 I MAY BE WRONG BUT I'M LOOKING AT THE FACTS AND THE FACTS
07:42:55 ARE LET'S FIND OUT WHAT ROAD, HOW CAN YOU HAVE A PIECE OF
07:43:00 PROPERTY YOU CAN'T EXIT?
07:43:03 IT BECOMES MORE AND MORE COMPLEX AND I'M NOT SAYING THE CITY
07:43:07 IS WRONG IN HOW THEY LOOKED AT IT.
07:43:12 I'M NOT SAYING THE PETITIONER IS RIGHT.
07:43:14 SOMEHOW WE HAVE TO HAVE A MEETING OF THE MINDS HERE AND
07:43:18 SOMETIMES YOU HAVE TO TAKE A RISK.
07:43:19 THAT'S ALL, MR. CHAIRMAN.
07:43:21 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:43:24 >>SUSAN JOHNSON-VELEZ: COUNCIL, I WANTED TO MENTION THIS
07:43:30 REQUEST IS FOR A WAIVER TO THE REQUIREMENT THAT THIS TYPE OF
07:43:32 DEVELOPMENT HAVE ACCESS TO AN ARTERIAL OR COLLECTOR ROAD.
07:43:37 THIS DOES NOT HAVE ACCESS TO AN ARTERIAL OR COLLECTOR.
07:43:41 SO IN THIS REVIEW HEARING, IT'S UP TO COUNCIL TO APPLY THE
07:43:45 GENERAL STANDARDS IN SECTION 27-129 SPECIFICALLY, YOU KNOW,
07:43:51 CRITERIA A1 THROUGH 5 REGARDING THINGS WHETHER OR NOT THE
07:43:56 SITE PLAN AS SHOWN WILL ENSURE THAT THE PUBLIC HEALTH,
07:44:00 SAFETY AND WELFARE IS ENSURED AND COMPATIBLE WITH
07:44:04 SURROUNDING PROPERTIES AND SO FORTH AND WHETHER IT'S IN
07:44:08 CONFORMANCE WITH THE PLAN.
07:44:09 THOSE ARE THINGS THAT COUNCIL SHOULD EVALUATE IN THIS
07:44:12 REQUEST.
07:44:13 >>GUIDO MANISCALCO: MR. SHELBY?
07:44:16 >>MARTIN SHELBY: YEAH.
07:44:16 I THINK MS. JOHNSON-VELEZ ARTICULATED VERY WELL.
07:44:21 I UNFORTUNATELY WAS BUMPED OUT OF THE WEBINAR FOR A PERIOD
07:44:27 OF WHAT GENERATED THIS DISCUSSION, WHAT INITIATED THIS
07:44:30 DISCUSSION.
07:44:31 THE QUESTION IS IT SOUND LIKE THERE IS AS AN ISSUE AS TO
07:44:36 WHETHER THIS IS GOING TO BE WORKFORCE HOUSING OR NOT.
07:44:38 TO GO BACK TO HOW SHE ARTICULATED IT QUITE SUCCINCTLY, HOW
07:44:43 DOES IT RELATE TO THE GENERAL STANDARDS THAT ARE BEFORE YOU
07:44:46 TODAY RELATIVE TO ADVERSE IMPACTS.
07:44:49 I THINK I AGREE WITH HER POSITION AS ARTICULATED AND
07:44:55 UNDERSTAND THAT CITY COUNCIL IS LIMITED TO THE CODE
07:45:03 PROVISIONS THAT ARE RELEVANT TO ITS DETERMINATION HEAR
07:45:06 TONIGHT FOR THIS PARTICULAR HEARING ON THE MATTER BEFORE
07:45:09 YOU.
07:45:11 >>GUIDO MANISCALCO: OKAY.
07:45:13 COUNCILMAN DINGFELDER?
07:45:15 >>JOHN DINGFELDER: RIGHT.
07:45:17 THE ONLY THING I'D SAY IN RESPONSE IS I'M NOT JUDGING THE
07:45:22 PROJECT BASED UPON WORKFORCE HOUSING OR NOT, OKAY?
07:45:27 BUT SHE OPENED THAT DOOR BECAUSE SHE BROUGHT UP THE FACT AND
07:45:30 SHE JUSTIFIED THE SITE PLAN ON THE FACT THAT IT WAS
07:45:36 WORKFORCE HOUSING.
07:45:36 THAT'S THE ONLY REASON I KIND OF REBUTTED THAT THAT NOTION
07:45:42 THAT IT'S WORKFORCE HOUSEISH BUT THERE IS NOTHING IN THE
07:45:44 PETITION OR SITE PLAN OR ANYWHERE THAT SAYS IT'S WORKFORCE
07:45:48 HOUSING SO THE COMMUNITY CAN'T GUARANTEE THAT IT'S WHIRRING
07:45:51 FORCE HOUSING.
07:45:52 SHE OPENED THE DOOR.
07:45:53 I WAS JUST DEALING WITH IT.
07:45:54 BUT I AGREE WITH BOTH OF YOU ATTORNEYS THAT WE HAVE TO LOOK
07:45:59 ON THE BASIS OF WHETHER OR NOT WE SHOULD ALLOW THIS PROJECT
07:46:02 TO GO OUT TO A LOCAL ROAD.
07:46:04 AGAIN, I AGREE THAT IT HAS TO GO OUT TO A LOCAL ROAD BECAUSE
07:46:08 IT DOESN'T HAVE ANY OTHER ROADS TO GO OUT TO.
07:46:11 WHAT I'M SAYING IS IT'S A SITE PLAN CONTROLLED PROJECT, I
07:46:15 ASSUME, BECAUSE WE HAVE BEEN GIVEN A SITE PLAN TO LOOK AT
07:46:19 AND IT'S A VERY DETAILED SITE PLAN.
07:46:25 SO IF IT'S SITE PLAN CONTROLLED, ALL I'M SAYING IS THERE A
07:46:28 BETTER PLACE TO COME OUT TO WHICH IS 38th AVENUE
07:46:33 INSTEAD -- WHICH HAS NO IMPACT EXCEPT IT COMES OUT TO THE
07:46:35 CHURCH PARKING LOT AS COMPARED TO COMING OUT WITH 30 UNITS
07:46:39 DIRECTLY TO THE SIDE WHICH FACES A SINGLE-FAMILY HOUSE.
07:46:44 THAT'S MY WHOLE POINT.
07:46:46 THEREFORE, I BELIEVE THAT THE IMPACTS ARE MUCH GREATER TO
07:46:51 THAT SINGLE-FAMILY HOUSE AND TO WHAT'S GOING ON ALONG THAT
07:46:55 OTHER ROAD, WHAT IS IT, GENESEE?
07:46:59 IS THAT GENESEE, MS. FEELY?
07:47:04 ARE YOU PROPOSING COMING OUT ON GENESEE?
07:47:06 >> THERE ARE TWO ACCESSES BEING PROPOSED.
07:47:08 ONE IS ON GENESEE.
07:47:09 ONE IS ON 30th.
07:47:14 >>JOHN DINGFELDER: OKAY.
07:47:14 I THOUGHT 30th WAS JUST A FIRE ACCESS.
07:47:18 >> 30th IS THE ONE THAT YOU'RE RAISING CONCERN ABOUT THE
07:47:21 PROJECT TRAFFIC ACCESSING ON WHICH IS THE MAJOR CORRIDOR TO
07:47:25 MLK.
07:47:41 >> [AUDIO DISTORTION].
07:47:47 >> 30th IS ON THE EAST.
07:47:48 38th IS ON THE SOUTH.
07:47:49 GENESEE IT ON THE NORTH.
07:47:57 >>JOHN DINGFELDER: MY POINT IS INSTEAD OF NORTH 30th STREET,
07:48:00 I CAN SUPPORT THE PROJECT IF IT WAS DESIGNED TO COME OUT ON
07:48:03 EAST 38TH AVENUE BY THE CHURCH AS OPPOSED TO HAVING THE
07:48:07 IMPACTS ON THAT OTHER STREET AND COMING OUT DIRECTLY INTO
07:48:11 THE DRIVEWAY OF THAT SINGLE FAMILY HOUSE.
07:48:16 THAT'S MY POINT.
07:48:17 THAT'S WHERE I'M COMING FROM.
07:48:20 >> MR. CHAIRMAN, I HAVE A QUESTION FOR STAFF.
07:48:23 CAN I INQUIRE?
07:48:26 >>GUIDO MANISCALCO: GO AHEAD.
07:48:27 >> WAS THIS FILED AS A P.D., MR. COTTON, ORIGINALLY?
07:48:32 HOW DID IT COME BEFORE THE CITY?
07:48:33 THE CITY STAFF?
07:48:35 >>ERIC COTTON: SPECIAL USE.
07:48:36 IRIC COTTON, SPECIAL USE.
07:48:39 >> WHEN IT WAS FILED, THE SITE PLAN THAT WE HAVE -- IT
07:48:42 WASN'T THE SITE PLAN THAT WE HAVE THAT'S REQUIRED FOR THIS
07:48:45 DESIGN EXCEPTION BUT DID IT COME AS A P.D.?
07:48:53 >>ERIC COTTON: IT WAS SPECIAL USE 1.
07:48:54 IT'S A SPECIAL USE TO MAKE A DEVELOPMENT IN THE CI ZONING
07:48:59 DISTRICT.
07:49:00 >>MARTIN SHELBY: SO WHEN COUNCIL MEMBER DINGFELDER SAYS THIS
07:49:03 IS A SITE PLAN CONTROLLED PROJECT OR APPROVAL, THE ANSWER TO
07:49:06 THAT IS HE IS CORRECT, IS THAT RIGHT?
07:49:09 >>ERIC COTTON: IT IS SITE PLAN CONTROLLED, YES.
07:49:11 >>MARTIN SHELBY: THANK YOU.
07:49:12 OKAY.
07:49:14 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:49:15 ANYTHING ELSE?
07:49:19 >> MAY I MAKE SOME CLOSING COMMENTS, PLEASE, IN RELATION TO
07:49:23 THE INFORMATION JUST RAISED?
07:49:25 >>GUIDO MANISCALCO: YES, GO AHEAD.
07:49:26 >> THANK YOU.
07:49:28 THE PROPERTY BEFORE YOU TONIGHT HAS A COMMUNITY COMMERCIAL
07:49:32 LAND USE WHICH ALLOWS UP TO CI.
07:49:35 IT WOULD ALSO ALLOW FOR AN RM-24 ZONING DISTRICT WHICH IS
07:49:40 THE STANDARDS THAT THIS PROJECT HAS TO MEET UNDER THE
07:49:42 SPECIAL USE.
07:49:44 WHAT'S INTERESTING ENOUGH IS THE RM-24 HAD THEY DONE A
07:49:48 (INAUDIBLE) ZONING WOULD NOT HAVE HAD ANY RESTRICTIONS TO
07:49:53 ANY LOCAL STREET AT ALL.
07:49:54 IT'S KIND OF A CONUNDRUM THAT THE CODE UNDER THE COMMERCIAL
07:49:59 INTENSIVE SAYS IF YOU WANT TO DO RESIDENTIAL IN THE
07:50:02 DISTRICT, YOU HAVE TO DO IT AS A SPECIAL USE AND IT HAS TO
07:50:05 HAVE A SITE PLAN.
07:50:06 THAT SITE PLAN HAS GONE BEFORE STAFF.
07:50:08 IT'S BEEN REVIEWED.
07:50:09 THERE WAS NO ISSUE RAISED TOWARD THE NUMBER OF TRIPS AT THE
07:50:13 PROJECT WOULD GENERATE WHETHER AFFORDABLE HOUSING OR NOT NOR
07:50:17 THE ACCESS POINTS THAT HAVE BEEN PROPOSED UNDER THE SITE
07:50:22 PLAN THAT WAS CONSIDERED BY STAFF.
07:50:23 THAT BEING SAID, OF THE THREE STREETS THAT SURROUND THIS
07:50:27 PROPERTY, 30th ACTUALLY ACTS MORE AS AN ARTERIAL OR
07:50:32 COLLECTOR THAN THE OTHER TWO STREETS WHICH TRULY ARE LOCAL
07:50:35 STREETS.
07:50:37 SO I BELIEVE THAT THE PROPOSED ACCESS ON 30th MEETS THE
07:50:42 INTENT OF THE SPECIAL USE WHICH ASKS THAT THE PROJECT ACCESS
07:50:46 AN ARTERIAL OR COLLECTOR.
07:50:48 WITH THAT, I WOULD REQUEST YOUR APPROVAL TONIGHT TO OVERTURN
07:50:52 THE ZONING ADMINISTRATOR.
07:50:55 >>GUIDO MANISCALCO: VERY WELL.
07:50:57 IS THERE ANYTHING ELSE FROM COUNCIL?
07:50:59 IF NOT I'LL ASK THAT WE CLOSE THIS HEARING AGAIN.
07:51:04 CAN I GET A MOTION TO CLOSE?
07:51:07 >> SO MOVED.
07:51:08 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN VIERA AND SECOND
07:51:11 FROM COUNCILMAN MIRANDA.
07:51:14 ANY OBJECTION?
07:51:15 HEARING NONE BY UNANIMOUS CONSENT, HEARING NO OBJECTION, WE
07:51:19 HAVE CLOSED THE PUBLIC HEARING.
07:51:23 WHO WOULD LIKE TO MAKE A MOTION?
07:51:25 I DON'T REMEMBER WHO MADE THE ORIGINAL MOTION TO UPHOLD OR
07:51:29 OVERTURN.
07:51:31 COUNCIL MEMBER GUDES?
07:51:32 DID YOU MAKE THE MOTION?
07:51:33 WOULD YOU STILL LIKE TO MAKE A MOTION?
07:51:37 >>ORLANDO GUDES: I WILL MAKE THE MOTION.
07:51:38 WE'LL SEE WHERE IT GOES.
07:51:41 I MOVE TO OVERTURN THE -- ONE SECOND.
07:51:47 MOVE TO OVERTURN THE ZONING ADMINISTRATOR DENIAL OF THE
07:51:50 APPLICATION SU1-20-12.
07:51:55 DEMONSTRATED THE PETITION MEETS THE SPECIFIC STANDARDS SET
07:52:01 FORTH IN 27-129A FOR SUCH -- (INAUDIBLE) TO ENSURE THE
07:52:09 PUBLIC, HEALTH, AND GENERAL WELFARE IS LOCATED AND OPERATING
07:52:13 ACCORDING TO PLAN AS SUBMITTED.
07:52:15 THE USE IS COMPATIBLE TO CONTINUE AND SURROUNDING PROPERTY.
07:52:22 >> SECOND.
07:52:22 VIERA.
07:52:23 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN GUDES AND SECOND
07:52:25 FROM COUNCILMAN VIERA.
07:52:27 ROLL CALL VOTE.
07:52:30 >>LUIS VIERA: YES.
07:52:32 >>ORLANDO GUDES: YES.
07:52:33 >>JOHN DINGFELDER: NO.
07:52:39 >> DINGFELDER?
07:52:41 >>JOHN DINGFELDER: NO.
07:52:42 >>GUIDO MANISCALCO: YES.
07:52:45 >>BILL CARLSON: YES.
07:52:46 >>JOSEPH CITRO: YES.
07:52:49 >>CHARLIE MIRANDA: YES.
07:52:50 >>MICHEL MATOS: MOTION CARRIES WITH DINGFELDER VOTING NO.
07:52:54 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:52:56 WE HAVE TWO ITEMS TO GO.
07:52:57 THANK YOU.
07:52:58 NEXT IS ITEM NUMBER 9.
07:53:02 BEFORE WE BEGIN, IF THE APPLICANT FOR ITEM NUMBER 9 CAN TURN
07:53:06 ON YOUR CAMERA SO WE CAN SWEAR YOU IN.
07:53:24 APPLICANT FOR ITEM NUMBER 9.
07:53:27 PLEASE TURN ON YOUR CAMERA.
07:53:34 >>JOHN DINGFELDER: NUMBER 9, NUMBER 9.
07:53:37 >>MICHEL MATOS: MR. DENIS NATRUSKIN IS ON.
07:53:40 HE JUST NEEDS TO TURN ON VIDEO AND UNMUTE HIMSELF.
07:53:52 >>GUIDO MANISCALCO: APPLICANT, IF YOU'D PLEASE TURN YOUR
07:53:54 CAMERA ON.
07:54:05 APPLICANT?
07:54:13 >> MR. CHAIRMAN, MAY I PERHAPS SKIPPING THE NUMBER AND SEE
07:54:16 IF HE CAN COME BACK ON AND UNMUTE AT SOME POINT IN THE
07:54:19 FUTURE?
07:54:21 >>GUIDO MANISCALCO: YES, SIR.
07:54:21 WE'LL GO TO THE FINAL ITEM.
07:54:23 WE'LL BE COMING BACK TO ITEM NUMBER 9.
07:54:25 ITEM NUMBER 12.
07:54:32 PETITIONER, PLEASE TURN ON YOUR CAMERA AND WE'LL SWEAR YOU
07:54:35 IN.
07:54:41 ITEM NUMBER 12.
07:54:45 >>MICHEL MATOS: THAT WOULD BE MR. JAMES BUI.
07:55:01 >>GUIDO MANISCALCO: ITEM NUMBER 12.
07:55:04 WELL, HOW ABOUT ITEM NUMBER 9?
07:55:07 ITEM NUMBER 9, IF YOU CAN HEAR ME, PLEASE TURN ON YOUR
07:55:11 CAMERA AND WE CAN SWEAR YOU IN.
07:55:17 >>MICHEL MATOS: THE PETITIONER FOR NUMBER 9 IS SENDING A
07:55:20 MESSAGE SAYING HE IS TRYING TO TURN ON HIS CAMERA,
07:55:25 SO -- THERE HE IS.
07:55:25 >>GUIDO MANISCALCO: WE SEE YOU NOW, SIR.
07:55:28 UNMUTE YOURSELF.
07:55:34 >> I'M SORRY.
07:55:35 I THINK THERE IS A MISCOMMUNICATION.
07:55:36 I'M NOT -- I'M NOT MR. NATRUSKIN.
07:55:39 I'M HIS UNCLE.
07:55:40 HE IS ON ANOTHER LINE.
07:55:42 HE IS TRYING TO CONNECT BUT THERE IS SOME KIND OF PROBLEM
07:55:47 WITH CONNECTION.
07:55:50 >> HE CAN NOT CONNECT BY PHONE.
07:55:52 IS HE ATTEMPTING TO CONNECT BY PHONE?
07:55:54 >> HE IS ON COMPUTER.
07:55:56 APPLE COMPUTER.
07:55:58 LET ME -- JUST A SECOND.
07:56:01 DENIS?
07:56:05 CAN YOU CONNECT TO CITY COUNCIL OR NOT?
07:56:08 CAN YOU CALL --
07:56:13 >> MARTY.
07:56:15 >> OKAY, OKAY.
07:56:16 SORRY.
07:56:17 JUST A SECOND.
07:56:17 OKAY.
07:56:18 LET ME TRY TO DO IT MYSELF.
07:56:21 I DON'T KNOW --
07:56:21 [LAUGHS]
07:56:22 THIS IS VERY UNUSUAL SITUATION.
07:56:24 OKAY.
07:56:30 >>GUIDO MANISCALCO: WHO ARE YOU?
07:56:31 ARE YOU LEV?
07:56:33 >> YES.
07:56:33 I'M LEV PALEI BUT I DIDN'T INTEND TO SPEAK.
07:56:37 I CAN PUT DENIS ON THE SPEAKER PHONE SO HE CAN HEAR
07:56:41 EVERYTHING.
07:56:42 NO?
07:56:43 >>GUIDO MANISCALCO: WE HAVE TO SEE HIS FACE.
07:56:46 >> OKAY.
07:56:49 >>MARTIN SHELBY: HE WAS NOT SWORN IN, AND NEITHER WERE YOU
07:56:51 AT THIS POINT.
07:56:51 IS THAT CORRECT?
07:56:53 >> YES.
07:56:55 MAY I DISCONNECT?
07:56:57 MAYBE THIS IS THE REASON BECAUSE I'M CONNECTED AS WELL
07:56:59 BECAUSE MY SCREEN SAYS THAT I'M DENIS NATRUSKIN WHO IS
07:57:05 TALKING.
07:57:06 MAYBE I DISCONNECT AND HE WILL BE ACCESSIBLE FOR YOU.
07:57:11 I'M VERY SORRY ABOUT THIS TECHNICAL PROBLEM.
07:57:15 >>GUIDO MANISCALCO: OKAY.
07:57:17 DISCONNECT AND HAVE HIM TRY AND COME RIGHT BACK IN AND
07:57:19 REPLACE YOU.
07:57:20 >> OKAY.
07:57:21 THANK YOU VERY MUCH.
07:57:23 >>MARTIN SHELBY: MR. CHAIRMAN, LET ME BE CLEAR FOR THE
07:57:26 RECORD.
07:57:26 IT LOOKS LIKE MR. NATRUSKIN IS REPRESENTING THE OWNER.
07:57:30 DID YOU PLAN TO MAKE THE PRESENTATION, SIR?
07:57:33 OR DID MR. PALEI -- WHO IS GOING TO MAKE THE PRESENTATION?
07:57:40 >> DENIS WANTED TO MAKE PRESENTATION.
07:57:43 >>MARTIN SHELBY: OKAY.
07:57:45 >> HE IS READY TO DO IT EXCEPT THE PROBLEM WITH CONNECTION.
07:57:49 LET ME TRY TO DISCONNECT AND HE WILL TRY TO RECONNECT.
07:57:55 >>MICHEL MATOS: EXCUSE ME.
07:57:56 I THINK WHAT HAPPENED IS YOU'RE BOTH USING DENIS'S LINK AND
07:57:59 YOU SHOULD HAVE REGISTERED --
07:58:01 >> YES.
07:58:02 YES.
07:58:03 I JUST WANTED TO LISTEN TO IT.
07:58:06 >>GUIDO MANISCALCO: YEAH.
07:58:07 HE HAS TO COME ON.
07:58:08 NOT YOU.
07:58:09 >> OKAY.
07:58:10 I DISCONNECT NOW.
07:58:11 THANK YOU.
07:58:17 >>GUIDO MANISCALCO: OKAY.
07:58:18 WE'LL WAIT A FEW SECONDS AND LET THE REAL DENIS CONNECT.
07:58:26 >>JOHN DINGFELDER: WE NEED TO KEEP A LOG OF THESE TYPE OF
07:58:28 OCCURRENCES JUST FOR -- (INAUDIBLE).
07:58:35 >>MARTIN SHELBY: THAT'S AN INTERESTING POINT,
07:58:38 MR. DINGFELDER.
07:58:38 I THINK MS. LUCAS BRINGS UP AN INTERESTING POINT TAKING THE
07:58:43 OPPORTUNITY SO THE PUBLIC IS AWARE.
07:58:44 EACH INDIVIDUAL SPEAKER NEEDS TO REGISTER SEPARATELY.
07:58:50 THE PUBLIC NEEDS TO KNOW THAT AND THAT'S PART OF THE
07:58:52 INSTRUCTIONS.
07:58:53 EACH REGISTRATION IS UNIQUE TO THAT SPEAKER.
07:58:55 SO IT REQUIRES EVERYBODY TO LOG IN SEPARATELY IF THEY INTEND
07:59:03 TO SPEAK.
07:59:07 THAT ALLOWS THE CLERK TO BE ABLE TO KEEP TRACK OF WHO THE
07:59:10 SPEAKER IS, ALLOW THEM TO BE MOVED UP TO THE SCREEN, SWORN
07:59:14 IN TO THAT PARTICULAR HEARING SO JUST A REMINDER TO THE
07:59:17 PUBLIC AS WE CONTINUE TO GO FORWARD WITH VIRTUAL MEETINGS,
07:59:20 IF YOU INTEND TO SPEAK, YOU NEED A SEPARATE SIGN-IN AND
07:59:24 SEPARATE REGISTRATION.
07:59:25 THANK YOU.
07:59:31 >>GUIDO MANISCALCO: ALL RIGHT.
07:59:36 HOW ABOUT THOSE (INAUDIBLE)?
07:59:39 >>GUIDO MANISCALCO: THAT WAS A GREAT GAME YESTERDAY.
07:59:41 >> GO, COWBOYS.
07:59:43 >>GUIDO MANISCALCO: I DON'T KNOW WHO THAT IS.
07:59:46 RAYS ARE UP 1-0 AND I THINK THE LIGHTNING PLAYED TOO.
07:59:54 IMAGINE IF WE WON A WORLD SERIES, STANLEY CUP AND SUPER BOWL
07:59:59 AT HOME.
07:59:59 ANYTHING CAN HAPPEN.
08:00:01 >> WISHFUL THINKING, BROTHER.
08:00:02 >>GUIDO MANISCALCO: YEP.
08:00:07 >>MARTIN SHELBY: MR. CHAIRMAN, MAYBE YOU WANT TO INQUIRE ON
08:00:10 NUMBER 12.
08:00:13 >>GUIDO MANISCALCO: IS NUMBER 12 ON THE LINE SO WE CAN GO
08:00:16 AHEAD AND GO TO THAT ONE?
08:00:19 >>MICHEL MATOS: HE IS ON THE LINE.
08:00:21 THERE HE IS.
08:00:22 >>GUIDO MANISCALCO: ALL RIGHT.
08:00:26 JAMES, UNMUTE AND WE'LL SWEAR YOU IN.
08:00:28 THE CLERK WILL ASK YOU TO RAISE YOUR RIGHT HAND.
08:00:31 >> OKAY.
08:00:32 >>JOHN DINGFELDER: ARE THERE ANY OTHER SPEAKERS,
08:00:34 MR. CHAIRMAN?
08:00:35 >>MICHEL MATOS: WE HAVE SOMEONE ON THE LINE TO REGISTER TO
08:00:37 SPEAK FOR PUBLIC COMMENT.
08:00:44 >> WE WANT TO HAVE THEM SWORN IN NOW OR WHEN THEY SPEAK?
08:00:47 HOW DO WE WORK THAT?
08:00:50 >>GUIDO MANISCALCO: IT'S JUST ONE PERSON.
08:00:53 WE'LL WAIT UNTIL THEY BEGIN TO SPEAK AND GO FROM THERE.
08:00:57 >>MICHEL MATOS: PLEASE RAISE YOUR RIGHT HAND.
08:00:59 DO YOU SWEAR OR AFFIRM YOU'LL TELL THE TRUTH, THE WHOLE
08:01:03 TRUTH AND NOTHING BUT THE TRUTH?
08:01:04 >> YES.
08:01:05 >>MICHEL MATOS: THANK YOU.
08:01:05 THE CLERK'S OFFICE DID RECEIVE WRITTEN COMMENTS.
08:01:11 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
08:01:13 ALL RIGHT.
08:01:18 >>SUSAN JOHNSON-VELEZ: THANK YOU, MR. CHAIR.
08:01:19 SUSAN JOHNSON-VELEZ, CITY ASSISTANT ATTORNEY.
08:01:23 THIS IS A DESIGN EXCEPTION 1.
08:01:25 ALTERNATIVE DESIGN EXCEPTION WHICH ALLOWS MINOR DEVIATIONS
08:01:28 FROM THE STRICT APPLICATION OF THE LAND DEVELOPMENT CODE
08:01:32 SUBJECT TO THE LIMITATIONS DESCRIBED IN THE CODE.
08:01:34 THE CRITERIA THAT STAFF APPLIES WHEN EVALUATING AN
08:01:38 ALTERNATIVE DESIGN EXCEPTION ARE FOUND IN SECTION 27-60E5 OF
08:01:42 THE LAND DEVELOPMENT CODE.
08:01:44 STAFF DID NOT FIND IN THIS CASE THAT THE REQUESTED FENCE MET
08:01:49 THE ALTERNATIVE DESIGN EXCEPTION CRITERIA.
08:01:52 SO THIS REVIEW HEARING IS DE NOVO WHICH MEANS YOU ARE NOT
08:01:58 LIMITED IN YOUR REVIEW OF THE DOCUMENTATION, EVIDENCE UPON
08:02:00 WHICH STAFF BASED ITS DECISION.
08:02:02 COUNCIL MUST APPLY THE CRITERIA IN THE CODE TO THE EVIDENCE
08:02:05 PRESENTED.
08:02:06 AGAIN, COUNCIL MAY IMPOSE REASONABLE CONDITIONS UPON THE
08:02:09 DESIGN EXCEPTION TO ENSURE THAT THE PUBLIC HEALTH, SAFETY
08:02:12 AND GENERAL WELFARE ARE PROTECTED AND SUBSTANTIAL JUSTICE IS
08:02:16 DONE IF IT'S COUNCIL'S PLEASURE TO APPROVE THE DESIGN
08:02:19 EXCEPTION AND OVERTURN THE STAFF'S DECISION.
08:02:22 FOLLOWING THE PRESENTATION OF THE EVIDENCE, COUNCIL MAY
08:02:24 EITHER UPHOLD THE DECISION OR OVERTURN THE DECISION AND
08:02:29 IMPOSE REASONABLE CONDITIONS.
08:02:31 I'LL NOW TURN IT OVER TO MR. COTTON FOR PRESENTATION OF THE
08:02:34 STAFF REPORT.
08:02:35 >>ERIC COTTON: GOOD EVENING, COUNCIL.
08:02:37 ERIC COTTON, THANK YOU.
08:02:41 >>GUIDO MANISCALCO: GO AHEAD, SIR.
08:02:43 >>ERIC COTTON: THIS IS DU1-20-31.
08:02:47 THE APPLICANT IS JAMES BUI FOR THE PROPERTY AT 1501 EAST
08:02:51 MULBERRY DRIVE TO INCREASE THE HEIGHT OF THE FENCE IN THE
08:02:54 YARD FROM THREE FEET TO SIX FEET.
08:02:56 PROPERTY IS ZONED RS-50 TO 90.1.
08:03:01 THE MAX HEIGHT FOR A FENCE IN THE RESIDENTIAL ZONING
08:03:04 DISTRICTS SUCH AS RS-50 IS THREE FEET IF IT'S A SOLID FENCE
08:03:09 AND FOUR FEET IF IT'S A WROUGHT IRON OR CHAIN LINK.
08:03:13 THE ZONING ADMINISTRATOR DENIED THE REQUEST AS THIS IS A
08:03:17 100% INCREASE IN THE ALLOWABLE HEIGHT.
08:03:21 THIS IS THE SITE PLAN IN QUESTION.
08:03:22 THIS IS AGAIN ON THE RIVER.
08:03:25 THE FENCE IS ALONG THE FRONT YARD.
08:03:30 WE'LL GO TO A QUICK AERIAL.
08:03:31 THIS IS MULBERRY.
08:03:33 THE RIVER ACROSS THE STREET FROM SEMINOLE HEIGHTS.
08:03:37 AGAIN, THIS IS THE INCREASE OF THE HEIGHT FROM THREE FEET TO
08:03:39 SIX FEET.
08:03:41 HERE IS A PICTURE OF THE FENCE.
08:03:44 IT'S IN THE CORRESPONDING METAL GATE.
08:03:49 THIS IS THE NEXT DOOR NEIGHBOR'S FENCE PROBABLY AT THREE
08:03:52 FEET.
08:03:53 THIS IS PROBABLY AT THREE FEET.
08:03:55 AND THIS IS JUST A PICTURE OF THE SURROUNDING PROPERTIES.
08:03:59 THIS IS ADJACENT TO THE SITE.
08:04:04 HERE IS THE PROPERTY ACROSS THE STREET LOOKING DOWN
08:04:09 MULBERRY, LOOKING DOWN MULBERRY THE OTHER DIRECTION GOING
08:04:11 DOWN TO THE SOUTH.
08:04:13 AGAIN, THE REQUEST IS TO INCREASE THE HEIGHT OF THE FENCE IN
08:04:15 THE FRONT YARD, SO THE FENCE THAT YOU SEE ON THE
08:04:20 SCREEN -- OH, I JUST LOST MYSELF.
08:04:22 APOLOGIZE.
08:04:25 THE FENCE YOU SEE ON THE SCREEN, THE HEIGHT LIMITATION OF
08:04:28 THAT FENCE IS NORMALLY THREE FEET.
08:04:29 THE APPLICANT APPLIED TO MAKE IT SIX FEET AND STAFF DENIED
08:04:32 THE REQUEST.
08:04:33 >>GUIDO MANISCALCO: ALL RIGHT.
08:04:34 THANK YOU VERY MUCH.
08:04:35 ANY QUESTIONS FOR MR. COTTON?
08:04:40 >> I DO HAVE A QUESTION.
08:04:41 >>GUIDO MANISCALCO: YES, SIR.
08:04:43 >> THANK YOU.
08:04:45 ERIC, WHY IS THIS A -- THE DESIGN EXCEPTION AS OPPOSED TO A
08:04:51 VARIANCE REQUEST?
08:04:56 >>ERIC COTTON: PER 27-60, THROUGH A CODE AMENDMENT A COUPLE
08:05:02 YEARS AGO, FENCES ARE NOW THE PURVIEW OF THE ZONING
08:05:05 ADMINISTRATOR TO MAKE THE DETERMINATION WHETHER THE HEIGHT
08:05:08 INCREASE IS APPROPRIATE OR NOT.
08:05:12 SO A COUPLE YEARS AGO, IT WOULD HAVE BEEN A VARIANCE AND NOW
08:05:15 IT'S A DESIGN EXCEPTION.
08:05:16 >>JOHN DINGFELDER: YOU DON'T HAVE THE ABILITY TO WAIVE THAT
08:05:19 REQUIREMENT ON THE FRONT YARD, RIGHT?
08:05:22 >>ERIC COTTON: NO.
08:05:22 STAFF DOES HAVE THE ABILITY TO INCREASE THE HEIGHT OF THE
08:05:25 FENCE IN THE FRONT YARD.
08:05:27 THAT'S A VERY BIG CHANGE, AND I DON'T WANT TO CLOUD
08:05:35 COUNCIL'S VIEW OF WHAT THIS PROPOSAL IS, BUT THE REQUEST TO
08:05:39 INCREASE TO ALLOW A FENCE TO GO FROM THREE FEET TO SIX FEET,
08:05:45 HE HAS A GATE ACROSS THE FRONT, BUT THE REQUEST IS TO
08:05:51 ALSO -- HE COULD PUT A SOLID FENCE ACROSS THE FRONT YARD.
08:05:56 I DON'T KNOW IF THAT'S -- THE PLANNING SIDE OR SOMETHING THE
08:05:59 CITY COUNCIL WANTS TO SEE THEORETICALLY ON EVERY HOUSE UP
08:06:02 AND DOWN EVERY HOUSE OF THE CITY.
08:06:05 WE VENTURE -- THOSE ARE DIFFICULT DECISIONS THAT STAFF TENDS
08:06:09 TO ERR ON THE SIDE OF A DENIAL AND LET CITY COUNCIL MAKE THE
08:06:12 DECISION.
08:06:13 THAT WILL BE A POLICY DECISION EVENTUALLY IF EVERY PERSON
08:06:16 WANTS TO HAVE A SIX-FOOT TALL FENCE.
08:06:21 >>JOHN DINGFELDER: ONE OTHER FOLLOW-UP QUESTION.
08:06:23 WE'RE LOOKING AT TWO DIFFERENT THINGS, WELL, THREE DIFFERENT
08:06:27 THINGS WITH 60.
08:06:29 ON THE RIGHT SIDE THERE IS A SIX-FOOT FENCE.
08:06:31 ON THE LEFT SIDE, A SIX FOOT FENCE AND THE MIDDLE IS A
08:06:35 SIX-FOOT GATE.
08:06:37 ARE YOU UNDER CODE, ALLOWED TO HAVE A SIX FOOT GATE?
08:06:43 >> NO, THAT WOULD ALSO BE AN INCREASE IN THE HEIGHT.
08:06:46 WHEN STAFF LOOKED, WE TOOK THE GREATEST REQUEST WHICH IS THE
08:06:53 THREE FEET TO SIX FEET FOR A -- LET ME SHUT THAT OFF.
08:06:55 FOR A CHAIN LINK OR WROUGHT IRON FENCE FROM FOUR FEET TO SIX
08:06:59 FEET.
08:07:04 >>JOHN DINGFELDER: YOU'RE NOT ALLOWED TO HAVE A SIX FOOT
08:07:06 GATE EITHER, RIGHT?
08:07:09 >>ERIC COTTON: THREE FEET FOR SOLID, FOUR FEET FOR A
08:07:12 WROUGHT IRON OR PICKET OR CHAIN LINK.
08:07:15 >>JOHN DINGFELDER: THANK YOU.
08:07:27 >> THAT'S ME.
08:07:28 >>GUIDO MANISCALCO: ALL RIGHT.
08:07:29 >> YEAH, YEAH.
08:07:30 THERE HAS BEEN SEVERAL OCCASIONS WHERE I HAD PEOPLE
08:07:36 TRESPASSING.
08:07:39 AND GOODS STOLEN OFF MY PROPERTY.
08:07:42 I HAVE TO DECREASE AN INCIDENT OF ANY TRESPASSING.
08:07:47 SINCE I HAVE THE FENCE INSTALLED, I'M HAPPY TO SAY THAT
08:07:50 THERE HAVEN'T BEEN ANY ISSUES.
08:07:55 I DID SUBMIT, LIKE, THE POLICE REPORT THAT I GOT BROKEN IN
08:08:02 SEVERAL TIMES.
08:08:03 MY CAR GOT BROKEN IN.
08:08:05 MY (INAUDIBLE) GOT STOLEN AND THINGS LIKE THAT.
08:08:08 SO THAT'S WHY I PUT THE FENCE THERE JUST TO KEEP MYSELF
08:08:13 SAFE, MY FAMILY SAFE.
08:08:15 THEN ALSO, IF YOU GUYS CAN BRING UP MY NEIGHBOR, IT'S EDDIE.
08:08:22 HE COULD SPEAK ON MY BEHALF.
08:08:27 >>GUIDO MANISCALCO: IS THAT THE REGISTERED SPEAKER WE HAVE,
08:08:29 CLERK?
08:08:30 >> YES, I BELIEVE SO.
08:08:32 >>GUIDO MANISCALCO: OKAY.
08:08:32 ONCE WE GET HIM ON THE LINE TO SPEAK, HE WILL HAVE TO BE
08:08:37 SWORN IN.
08:08:38 >> MR. CHAIRMAN?
08:08:40 >>GUIDO MANISCALCO: YES, MR. GUDES.
08:08:42 >>ORLANDO GUDES: LET ME ASK A QUESTION.
08:08:43 WHEN I DRIVE DOWN MOST RESIDENCES, I'VE SEEN SIX-FOOT FENCES
08:08:48 ALONG THE SIDE.
08:08:49 ARE YOU SAYING FOR THAT PARTICULAR AREA, A SIX-FOOT FENCE IS
08:08:52 NOT ALLOWED IN THAT PARTICULAR AREA?
08:08:56 RUC NO.
08:08:56 IN THE YARD -- ERIC COTTON, PLANNING AND DEVELOPMENT.
08:09:00 IN THE FRONT YARD IT'S THREE FEET SOLID OR FOUR FEET IF IT'S
08:09:04 WROUGHTIRON.
08:09:05 FOR EXAMPLE, ON A CORNER YARD, THE HEIGHT CAN BE SIX FEET.
08:09:10 IN THE FRONT YARD, IT'S LIMITED TO THREE OR FOUR.
08:09:18 >>ORLANDO GUDES: FRONT YARD THREE OR FOUR.
08:09:20 >>ERIC COTTON: YES, SIR.
08:09:23 SO ON A CORNER LOT, FOR INSTANCE, THE NARROWEST PORTION OF
08:09:26 THE PROPERTY IS CONSIDERED THE FRONT.
08:09:28 THAT'S WHERE THE HEIGHT LIMITATION WOULD BE APPLIED.
08:09:31 GOING BACK WITH SAY RS-50 GOING BACK 20 FEET, AT THAT POINT
08:09:36 EVEN ON A STREET, IF IT'S THE CORNER YARD, IT DOESN'T CREATE
08:09:38 A SITE OBSTRUCTION THAT THE HEIGHT CAN POP UP TO SIX FEET
08:09:43 UNTIL THE REAR YARD.
08:09:44 >>ORLANDO GUDES: OKAY.
08:09:45 ALL RIGHT.
08:09:47 >>GUIDO MANISCALCO: OKAY.
08:09:48 ANYTHING ELSE?
08:09:51 COUNCILMAN DINGFELDER?
08:09:58 YOU'RE MUTED, SIR.
08:10:03 >>JOHN DINGFELDER: NOBODY CAN HEAR ME.
08:10:05 MR. BUI, CAN YOU HEAR ME?
08:10:07 >> YES.
08:10:08 >>JOHN DINGFELDER: OKAY.
08:10:09 MY QUESTION -- AND I SEE ON YOUR APPLICATION YOU SPEAK TO
08:10:13 FOUR DIFFERENT INCIDENTS IN GREAT DETAIL.
08:10:16 THE POLICE REPORT SEEMS TO INDICATE AT LEAST TWO INCIDENTS.
08:10:24 AT LEAST TWO SEPARATE INCIDENTS THAT YOU REPORTED TO TPD.
08:10:29 >> YES.
08:10:30 >>JOHN DINGFELDER: THEY CAME BACK FOR SOME SUPPLEMENTAL
08:10:36 INFORMATION, BUT I SEE TWO DIFFERENT CASE NUMBERS, I THINK.
08:10:42 THE WHOLE CITY HAS A THREE-FOOT LIMIT ON THE FRONT YARD AND
08:10:48 A FOUR-FOOT, IF YOU USE SOMETHING TRANSPARENT LIKE A WROUGHT
08:10:54 IRON, YOU CAN GO TO FOUR FEET.
08:10:56 HAVE YOU TRIED A FOUR-FOOT WROUGHT IRON FENCE OR FOUR-FOOT
08:11:02 GATE OR DID YOU JUST JUMP TO THE SECOND FEET?
08:11:06 BECAUSE OBVIOUSLY YOU PUT IT UP AND THEN PROBABLY GOT CITED
08:11:09 OR SOMETHING.
08:11:10 I DON'T KNOW.
08:11:10 >> YES.
08:11:12 YES I PUT IT UP AND GOT CITED.
08:11:16 I DIDN'T KNOW THE CODE.
08:11:17 I WAS TRYING TO PROTECT MY FAMILY BECAUSE AFTER ONE
08:11:21 INCIDENT --
08:11:21 >>JOHN DINGFELDER: I UNDERSTAND.
08:11:22 I UNDERSTAND THAT.
08:11:23 I'M NOT CRITICIZING YOU ABOUT KNOWING THE CODE AND WE'RE ALL
08:11:27 LEARNING THE CODE TO SOME EXTENT EVERY DAY.
08:11:30 I'M NOT CRITICIZING YOU ON THAT.
08:11:32 MISTAKES HAPPEN.
08:11:34 MY QUESTION IS PRIOR TO PUTTING UP THE SIX FEET, DID YOU TRY
08:11:38 THE FOUR FEET?
08:11:40 WHAT WAS THERE -- WHEN THE BURGLARIES AND BREAK-INS
08:11:44 HAPPENED, WHAT WAS THERE?
08:11:45 WAS ANYTHING THERE TO PREVENT PEOPLE FROM COMING AND GOING?
08:11:48 >> THERE WAS NOT -- BEFORE THE INCIDENT, THERE WAS NOTHING.
08:11:54 THERE WAS NO FENCE OR ANYTHING LIKE THAT.
08:11:56 >>JOHN DINGFELDER: OKAY.
08:11:58 SO NOTHING TO SIX FEET.
08:11:59 >> YES.
08:12:00 YES, I DID.
08:12:01 >>JOHN DINGFELDER: IS IT PHYSICALLY POSSIBLE IF WE DENY
08:12:05 THIS, COULD YOU CUT DOWN THE FENCE TO THREE FEET AND CUT
08:12:09 DOWN THE WROUGHT IRON TO FOUR FEET?
08:12:12 THE GATE?
08:12:15 >> TO BE HONEST, YES, I CAN DO THAT.
08:12:17 BUT IT DIDN'T STOP PEOPLE FROM JUMPING OVER THE GATE.
08:12:21 THREE FEET IS NOTHING JUST TO BE HONEST WITH YOU.
08:12:24 >>JOHN DINGFELDER: I UNDERSTAND.
08:12:25 THREE FEET IS A LOT FOR THIS OLD MAN.
08:12:27 BUT I UNDERSTAND WHAT YOU'RE SAYING.
08:12:29 >> YOU HAVE SEEN THE PICTURE THAT I UPLOAD AND STUFF.
08:12:31 YOU SEE GUYS THAT -- THEY'RE TALL AND BIG AND STUFF LIKE
08:12:35 THAT.
08:12:36 IT'S NO PROBLEM AT ALL FOR THEM.
08:12:38 ESPECIALLY ON THE SLOPE.
08:12:39 IT'S REALLY EASY FOR THEM TO JUMP OVER THE FENCE.
08:12:43 THEREFORE, THAT'S WHY I WENT FOR THE SIX.
08:12:46 >>JOHN DINGFELDER: THANK YOU, SIR.
08:12:48 >>GUIDO MANISCALCO: ANY OTHER QUESTIONS?
08:12:49 COUNCILMAN GUDES, YES, SIR.
08:12:52 >>ORLANDO GUDES: LOOKING AT THE SHEET HERE.
08:12:54 YOU'RE ON THE BACK SECTION OF MULBERRY DOWN BY THE RIVER?
08:13:00 >> YES.
08:13:01 >>ORLANDO GUDES: THANK YOU.
08:13:04 >>GUIDO MANISCALCO: ALL RIGHT.
08:13:05 WE HAD SOMEONE THAT WAS GOING TO SPEAK THAT WAS REGISTERED
08:13:08 FOR PUBLIC COMMENT.
08:13:09 ONCE THAT INDIVIDUAL DOES APPEAR, WE HAVE TO SWEAR THAT
08:13:12 PERSON IN.
08:13:15 >> OKAY.
08:13:15 ALSO, I DON'T KNOW IF YOU GUYS CAN SEE.
08:13:18 I GOT, LIKE, NEIGHBORS AND STUFF LIKE THAT SUPPORTING ME
08:13:23 KEEPING THE SIX FEET FENCE.
08:13:24 THEY DON'T HAVE ANY PROPOSAL AGAINST IT AND THINGS LIKE
08:13:27 THAT.
08:13:31 >> PLEASE RAISE YOUR RIGHT HAND.
08:13:33 >>GUIDO MANISCALCO: MR. KING, RAISE YOUR RIGHT HAND.
08:13:37 >>MICHEL MATOS: DO YOU SWEAR OR AFFIRM YOU'LL TELL THE
08:13:40 TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
08:13:44 >> YES, MA'AM.
08:13:46 >>MICHEL MATOS: THANK YOU.
08:13:47 >> OKAY.
08:13:47 I CAN READ SOME NOTES AND I'D LIKE TO SHARE MY SCREEN LATER
08:13:50 IF Y'ALL DON'T MIND, OKAY?
08:13:54 >>GUIDO MANISCALCO: MR. SHELBY, CAN HE BE PART OF THE
08:13:57 PETITIONER OR PUBLIC COMMENT?
08:13:59 >> I'M FOR SUPPORT OF THE PETITIONER.
08:14:01 >>GUIDO MANISCALCO: MR. SHELBY, DOES HE GET THREE MINUTES OR
08:14:05 MORE?
08:14:08 YOU'RE MUTED, SIR.
08:14:11 >> OH, SORRY.
08:14:13 >>GUIDO MANISCALCO: NOT YOU.
08:14:14 MR. SHELBY IS MUTED.
08:14:16 >>MARTIN SHELBY: IF MR. BUI SAYS HE IS PART OF THE PETITION,
08:14:21 HOW MUCH TIME DOES HE HAVE REMAINING?
08:14:23 I BELIEVE HE IS NOT PART OF -- NECESSARILY THE PRESENTATION.
08:14:28 I BELIEVE HE IS A PERSON SPEAKING IN SUPPORT.
08:14:30 I BELIEVE HE -- HE APPEARS TO BE A NEIGHBOR IN SUPPORT.
08:14:35 >> I THINK THE SKATEBOARD GUY HAD OVER 40 MINUTES.
08:14:43 >>MARTIN SHELBY: WELL, SIR -- DID YOU WANT TO ADDRESS THAT
08:14:46 OR ME TO ADDRESS THAT?
08:14:51 >>GUIDO MANISCALCO: JUST GO AHEAD, MR. KING.
08:14:53 I'LL START THE CLOCK.
08:14:55 >> ALL RIGHT.
08:14:56 I'LL READ MY BRIEF COMMENTS THEN I'D LIKE TO SHOW YOU A
08:14:59 COUPLE PICTURES, OKAY?
08:15:01 >>GUIDO MANISCALCO: ALL RIGHT.
08:15:02 >> AS I STATED, I'M HERE TO PRESENT AND TO SUPPORT JAMES
08:15:10 (INAUDIBLE) FOR THIS FENCE.
08:15:11 I'M THE ADJACENT PROPERTY JUST TO THE LEFT OF THE PICTURE
08:15:14 THAT THE CITY PROPOSED.
08:15:17 OR PRESENTED.
08:15:20 I TOO HAVE HAD PETTY BREAK-INS.
08:15:24 OKAY?
08:15:25 NOW WHEN I GET TO IT, YOU'LL SEE THAT THERE IS NO BACKYARD
08:15:30 FOR ANY OF THESE HOUSES ALONG THIS SECTION OF THE RIVER WHEN
08:15:33 THEY WERE BUILT BACK IN THE 50s AND 60s, THEY WERE BUILT
08:15:37 DOWN ON THE RIVER.
08:15:41 OKAY?
08:15:41 THERE IS NO BACKYARD.
08:15:42 THIS IS A YOUNG COUPLE THAT IS GETTING THEIR LIVES AND
08:15:47 CAREERS ON TASK VIA WORK, SCHOOL, SO THEY TOLD 60 HOURS A
08:15:52 DAY.
08:15:52 IT'S A YOUNG VIETNAMESE COUPLE.
08:15:55 THEY JUST MOVED INTO THE NEIGHBORHOOD IN 2015.
08:15:58 THEY BOUGHT THIS FROM A SON THAT HEIRED THE PROPERTY FROM
08:16:04 HIS FATHER.
08:16:07 SINCE THEN, THAT PROPERTY DRASTICALLY CHANGED.
08:16:14 ALL RIGHT?
08:16:14 FOR THE POLICE AND SECURITY ISSUE AS FAR AS WHY THEY WANT
08:16:17 THE LOWER FENCE OR WROUGHT IRON GATE OR CHAIN LINK FENCE,
08:16:22 OKAY, YOU CAN SEE THEIR ENTIRE FRONT YARD THROUGH THAT
08:16:30 CURRENT GATE THAT'S ON HIS DRIVEWAY.
08:16:35 JAMES AND TAO HAVE COME INTO THIS NEIGHBORHOOD AS A YOUNG
08:16:38 VIETNAMESE COUPLE.
08:16:40 ONLY ASIAN COUPLE IN THIS NEIGHBORHOOD.
08:16:44 THEY HAVE WENT OUT AND HELPED LOCAL NEIGHBORS, ELDERLY.
08:16:49 THEY HAVE WORKED WITH ME AS WELL, AND THEY ARE JUST BECOMING
08:16:55 PART OF THE COMMUNITY.
08:16:59 AS YOU CAN SEE IF YOU LOOK BACK AT THE CITY SURVEYS, OR
08:17:02 PICTURES AND THE ONES I'LL SHOW YOU WITH THE OVERHEAD, THERE
08:17:06 ARE NO SIDEWALKS ON THIS STREET.
08:17:07 EVERYBODY WALKS DOWN THE STREET OR WALKS THROUGH THE YARDS
08:17:12 INCLUDING THE MISCHIEVOUS YOUNG KIDS AND SUCH.
08:17:17 IF YOU LOOK ACROSS THE RIVER IN OLD SEMINOLE HEIGHTS OR
08:17:21 RIVERS HEIGHTS, THEY HAVE SIDEWALKS.
08:17:25 MOST OF THOSE ARE FENCED DOWN THE FRONT, BUT THOSE ARE SET
08:17:29 MORE UP ON THE STREET LIKE PARK CIRCLE AND THEY HAVE REAR
08:17:33 YARDS.
08:17:34 OKAY?
08:17:36 PROPERTY VALUES -- AS A MATTER OF FACT THIS SECTION THAT
08:17:39 JAMES AND I LIVE IN IS CALLED FERN CLIFF.
08:17:43 PEOPLE KNOW SULFUR SPRINGS BUT IT'S FERN CLIFF.
08:17:48 THERE IS A PARK AT THE CORNER OF (INAUDIBLE) THAT IS GATED
08:17:52 FOR THE FERN CLIFF RESIDENTS.
08:17:55 ALL RIGHT?
08:17:56 OUR PROPERTY VALUES ARE $40,000 TO $190,000.
08:18:02 ACROSS THE RIVER, DIRECTLY ACROSS THE RIVER FROM MR. BUI,
08:18:05 THE PROPERTY OVER THERE IS FOR SALE RIGHT NOW, OKAY, FOR
08:18:11 $400,000.
08:18:15 SO ONLY THING WE'RE ASKING IS LET THE NEW PROPERTY OWNERS
08:18:19 CLEAN UP AND INCREASE THE PROPERTY VALUES AND PROTECT THEIR
08:18:22 PROPERTY.
08:18:25 NOW MR. CHAIRMAN, IF YOU DON'T MIND, IF YOU SHARE MY SCREEN
08:18:29 AND CAN SHOW A COUPLE THINGS THAT HE AND I WALKED AROUND
08:18:33 WITH ALL THE NEIGHBORS, OKAY, THAT NOT -- NOT ALL THE
08:18:37 NEIGHBORS BUT MOST OF THE NEIGHBORS, ESPECIALLY THE ONES IN
08:18:40 FERN CLIFF AND ASKED IF THEY OPPOSE THIS FENCE.
08:18:44 NONE DID NOT -- NONE OPPOSED THIS FENCE.
08:18:48 ALL THE ONES WE SPOKE WITH APPROVED IT.
08:18:50 THEY SIGNED THE LIST THAT HE HAD WITH THE FOLIO NUMBERS ON
08:18:55 THE FOAL YENUMBERS TO APPROVE THIS FENCE AS IS.
08:18:59 -- FOLIO NUMBERS.
08:19:00 IF YOU WOULDN'T MIND LETTING ME SHARE MY SCREEN, I CAN SHOW
08:19:06 YOU OVERHEAD VIEWS OF SUCH.
08:19:08 >>GUIDO MANISCALCO: ALL RIGHT.
08:19:09 IF YOU CAN SHARE YOUR SCREEN.
08:19:14 >> AM I SHARING?
08:19:15 >>GUIDO MANISCALCO: NOT YET.
08:19:16 IT SHOULD LOAD ANY SECOND.
08:19:22 OKAY.
08:19:23 WE CAN SEE IT NOW.
08:19:24 GO AHEAD, SIR.
08:19:25 >> THAT'S MR. -- SEE MY FINGER, RIGHT?
08:19:28 >>GUIDO MANISCALCO: YES.
08:19:30 >> THAT'S MR. BUI'S PROPERTY.
08:19:32 NOW I NOTICED, OKAY, THE STREET IS UP HERE.
08:19:38 THIS IS HIS ROOF LINE TO RIGHT HERE.
08:19:40 THIS IS MY PROPERTY.
08:19:41 THIS IS MY ROOF LINE.
08:19:42 I MAY HAVE, MAY HAVE 15 FEET OF YARD AT THIS END.
08:19:49 OVER HERE IT'S ABOUT EIGHT.
08:19:51 HE HAS SIX, MAYBE.
08:19:54 OKAY?
08:19:57 SO HE HAS THIS PROPERTY HERE THAT HE WANTS TO FENCE IN.
08:20:01 UNDERSTAND THIS GENTLEMAN, THEY'RE YOUNG AND THEY'RE GOING
08:20:06 TO HAVE KIDS UP -- SORRY.
08:20:12 I JUST LOST IT.
08:20:14 SORRY.
08:20:14 LET ME GET BACK TO SOMETHING ELSE.
08:20:22 YOU THERE?
08:20:23 >>GUIDO MANISCALCO: YES.
08:20:23 WE CAN SEE THE OVERHEAD.
08:20:26 >> CAN YOU SEE THE SCREEN NOW WITH ALL THE YELLOW --
08:20:29 >>GUIDO MANISCALCO: YES.
08:20:29 >> OKAY.
08:20:30 THESE HERE ARE ALL PEOPLE, THE YELLOW IS TENANTS OR -- NOT
08:20:39 TENANTS BUT OWNERS.
08:20:41 OWNERS, NOT TENANTS.
08:20:44 OWNERS THAT HAVE SIGNED HIS PETITION TO KEEP HIS FENCE AS
08:20:48 IS.
08:20:49 OKAY?
08:20:51 THE RENTALS GAVE ME A VERBAL AGREEMENT BECAUSE THEY COULDN'T
08:20:55 SIGN OFF ON IT.
08:20:56 THEY ARE NOT THE PROPERTY OWNER.
08:20:57 WE GOT A VERBAL HERE.
08:20:58 THIS ONE WAS -- BLUE (INAUDIBLE) THROUGHOUT THE CITY OF
08:21:04 TAMPA.
08:21:04 HE AGREED TO IT BUT IT WAS A PHONE CALL, OKAY?
08:21:09 THIS IS A DAY CARE RIGHT HERE.
08:21:10 THESE PEOPLE SIGNED OFF.
08:21:12 SO ALL THESE PEOPLE SIGNED OFF ON TO KEEPING HIS FENCE AS
08:21:16 IS.
08:21:18 THIS RED MARK LINE RIGHT HERE IS THE FENCE IN QUESTION.
08:21:24 OKAY.
08:21:24 ALL RIGHT?
08:21:25 SO THAT'S WHAT I'M LEADING UP TO.
08:21:31 I CAN'T SEE WHY HE WOULD BE ALLOWED TO KEEP THIS FENCE TO
08:21:37 SECURE HIS PROPERTY, SECURE HIS FUTURE FAMILY, OKAY?
08:21:41 BUT BECAUSE HE HAS NO REAR YARD FOR HIS FUTURE FAMILY TO
08:21:48 PLAY IN, OKAY?
08:21:49 IS THAT'S WHAT I HAVE TO SAY.
08:21:53 THANK YOU FOR YOUR TIME.
08:21:54 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
08:21:55 ARE ANY OTHER SPEAKERS REGISTER FOR PUBLIC COMMENT?
08:21:58 >>JOHN DINGFELDER: I HAVE A QUESTION.
08:22:01 >>GUIDO MANISCALCO: THANK YOU VERY MUCH COUNCILMAN
08:22:03 DINGFELDER?
08:22:05 >>JOHN DINGFELDER: THANK YOU.
08:22:06 MR. KETOEN?
08:22:09 >> YES.
08:22:10 >>JOHN DINGFELDER: TWO THINGS.
08:22:11 NUMBER ONE, I'M LOOKING AT THE PHOTOGRAPH THAT STAFF
08:22:14 PROVIDED THAT SAYS ADJACENT PROPERTY.
08:22:16 I SEE A YELLOW HOUSE WITH A BASKETBALL COURT IN FRONT AND
08:22:21 TWO WHITE CARS.
08:22:22 WHITE AND SILVER.
08:22:24 IS THAT YOUR HOUSE?
08:22:25 >> YES, MR. DINGFELDER.
08:22:27 IT IS.
08:22:28 >>JOHN DINGFELDER: OKAY.
08:22:30 COMING OFF THE SIDE OF YOUR HOUSE IS A WHITE PVC FENCE, BUT
08:22:36 IT'S SIX FEET TALL.
08:22:37 IT PROTECTS YOUR BACKYARD.
08:22:39 IT PRODUCTS YOUR SIDE YARD BUT IT DOESN'T COME OUT TOWARD
08:22:42 THE FRONT STREET, CORRECT?
08:22:44 >> I AGREE WITH THAT.
08:22:47 THE REASON WE -- OKAY.
08:22:49 GO AHEAD, MR. DINGFELDER.
08:22:51 >>JOHN DINGFELDER: OKAY.
08:22:52 WHEN I LOOK AT YOUR NEXT DOOR NEIGHBOR'S HOUSE, I SEE
08:22:56 EVERYBODY WITH A BIG FRONT YARD AND I DON'T SEE ANYBODY WITH
08:23:00 A FENCE.
08:23:00 NOW YOU DON'T HAVE ANY FENCE BETWEEN YOU AND THE -- YOUR
08:23:06 FRONT DOOR AND ALL THE WAY TO THE STREET.
08:23:07 THAT'S CORRECT?
08:23:11 >> CORRECT.
08:23:11 I MEAN, I HAVE SOME DECORATIVE FENCES IN THERE, BUT CORRECT.
08:23:17 >>JOHN DINGFELDER: SO -- THEN ON THE OTHER SIDE OF THE
08:23:20 PETITIONER, MR. BUI, THEY HAVE A THREE-FOOT WOOD FENCE.
08:23:26 >> IT WAS PREVIOUSLY A SIX-FOOT FENCE AND THEY DID NOT WANT
08:23:30 TO GO THROUGH THIS PROCESS, SO THEY CUT IT DOWN.
08:23:35 I CAN SHOW YOU PICTURES.
08:23:38 OF WHERE IT WAS THERE IF YOU WANT TO SEE IT.
08:23:40 >>JOHN DINGFELDER: SO MY POINT EARLIER AND NOW IS THE CITY
08:23:48 UNDERSTANDS THAT PEOPLE WANT TO PROTECT THEIR FRONT YARDS
08:23:52 BUT ALL ACROSS THE CITY, IT'S THREE FEET.
08:23:54 SO HIS CHILDREN COULD PLAY WITHIN A THREE-FOOT FENCED
08:24:00 FRONTYARD OR FOUR-FOOT FENCED YARD THAT IS WROUGHT IRON.
08:24:03 BUT ALL ACROSS THE CITY, WE -- THE CITY ENFORCES THIS
08:24:07 BECAUSE OTHERWISE WE'D DRIVE UP AND DOWN THE STREETS OF ALL
08:24:10 ACROSS THE CITY AND SEE SIX-FOOT FENCES AND I'M NOT SURE
08:24:15 THAT'S WHAT THE CITY WANTS TO LOOK AT.
08:24:17 ANYWAY.
08:24:18 THANK YOU.
08:24:19 I HEAR YOU.
08:24:22 YOU'RE A GOOD NEIGHBOR AND FRIEND AND PERSON BUT I CAN'T
08:24:25 AGREE WITH THE LOGIC.
08:24:26 THANK YOU.
08:24:27 >> BUT EVERY PIECE OF PROPERTY IS NOT THE SAME LAYOUT.
08:24:32 HE HAS NO REAR YARD.
08:24:33 I DON'T HAVE A REAR YARD.
08:24:35 I'M A GRANDFATHER.
08:24:36 I DON'T HAVE KIDS THAT LIVE THERE PERMANENTLY.
08:24:39 THEY COME OVER FOR A FEW HOURS, THANK GOD THEY DO.
08:24:42 I HOME SCHOOLED THEM FOR THREE AND A HALF MONTHS EARLIER IN
08:24:44 THE SPRING.
08:24:45 OKAY?
08:24:45 BUT THEY DO NOT HAVE A BACKYARD.
08:24:52 THAT'S THE PURPOSE OF THIS HEARING SO YOU HEAR THE
08:24:54 INDIVIDUAL CASES THAT ARE DIFFERENT TO THE CITY OVERALL
08:24:59 RULE, LAW, ORDINANCE.
08:25:02 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
08:25:03 DO WE HAVE ANYBODY ELSE FOR PUBLIC COMMENT AT THIS TIME?
08:25:06 ANYBODY, CLERK?
08:25:10 >>MICHEL MATOS: NO, WE DON'T HAVE ANYBODY TO SPEAK ON THIS
08:25:12 ITEM.
08:25:13 >>GUIDO MANISCALCO: ANYBODY AT THE CONVENTION CENTER?
08:25:17 >> THERE IS NO ONE HERE TO SPEAK ON THIS ITEM.
08:25:20 THANK YOU.
08:25:20 >>GUIDO MANISCALCO: ANY QUESTIONS OR ANY COMMENTS FROM
08:25:23 COUNCIL MEMBERS?
08:25:25 IS THERE ANYTHING ELSE FROM MR. BUI.
08:25:29 ANYTHING ELSE TO ADD AT THIS POINT?
08:25:32 >> NO.
08:25:34 >>GUIDO MANISCALCO: ALL RIGHT.
08:25:35 TAMING YOU VERY MUCH.
08:25:37 WOULD ANYBODY LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC
08:25:40 HEARING?
08:25:40 WE HAVE A MOTION TO CLOSE FROM COUNCILMAN MIRANDA.
08:25:43 SECOND?
08:25:45 SECOND FROM COUNCILMAN VIERA.
08:25:47 ANY OBJECTION?
08:25:49 HEARING NONE, BY UNANIMOUS CONSENT, THE HEARING IS NOW
08:25:54 CLOSED.
08:25:55 WHAT IS THE PLEASURE OF COUNCIL FOR ITEM NUMBER 12?
08:26:12 ANYBODY?
08:26:13 IF NOT I'LL PASS THE GAVEL.
08:26:19 COUNCILMAN CITRO, I PASS THE GAVEL TO YOU AND MAKE THE
08:26:22 MOTION.
08:26:23 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. CHAIR.
08:26:25 GO AHEAD.
08:26:26 >>GUIDO MANISCALCO: I'D LIKE TO MAKE A MOTION TO OVERTURN
08:26:29 THE DECISION MADE BY THE ZONING ADMINISTRATOR FOR
08:26:35 DE1-20-31-C BECAUSE THE PETITIONER HAS PROVIDED ESSENTIAL
08:26:40 EVIDENCE AND REASONING AS TO WHY IT SHOULD BE OVERTURNED AS
08:26:43 WELL AS QUITE A BIT OF SUPPORT FROM THE NEIGHBORHOOD AND
08:26:48 WHAT NOT, AND THE FACT THAT, YOU KNOW, EACH CASE WE TAKE IS
08:26:54 DIFFERENT AND IT'S CASE-BY-CASE BASIS AND CONSIDERING THE
08:26:57 CIRCUMSTANCES AND THE LAYOUT OF THE LOT, THAT'S MY MOTION.
08:27:02 >> SECOND.
08:27:06 >>JOSEPH CITRO: THERE HAS BEEN A MOTION MADE BY COUNCILMAN
08:27:10 MANISCALCO.
08:27:10 SECONDED BY COUNCILMAN GUDES.
08:27:13 IS THERE ANY DISCUSSION?
08:27:17 HEARING NONE, ROLL CALL VOTE, PLEASE.
08:27:20 >>LUIS VIERA: YES.
08:27:23 >>ORLANDO GUDES: YES.
08:27:25 >>JOHN DINGFELDER: NO.
08:27:30 NO.
08:27:33 MANISCALCO YES.
08:27:36 >>BILL CARLSON: YES.
08:27:38 >>JOSEPH CITRO: YES.
08:27:41 >>CHARLIE MIRANDA: YES.
08:27:42 >> MOTION CARRIES WITH DINGFELDER VOTING NO.
08:27:46 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. CHAIR.
08:27:48 I PASS THE GAVEL BACK TO YOU.
08:27:51 >>GUIDO MANISCALCO: I'LL STEP OUT FOR A MOMENT IF YOU WANT
08:27:52 TO CONTINUE BACK TO THE LAST ITEM.
08:27:54 I'LL BE RIGHT BACK.
08:27:56 >>JOSEPH CITRO: THANK YOU VERY MUCH.
08:27:57 DO WE HAVE THE PETITIONER ON THE PHONE NOW FOR ITEM AGENDA
08:28:01 NUMBER 9?
08:28:03 >> MR. BUI, YOUR ITEM PASSED.
08:28:06 >> THANK YOU, APPRECIATE IT.
08:28:19 >>JOSEPH CITRO: DO WE HAVE THE PETITIONER ON THE LINE?
08:28:22 >> THIS IS DENIS NATRUSKIN AND I'M ON THE LINE.
08:28:26 >> WHERE IS THE VIDEO?
08:28:27 >>JOSEPH CITRO: I BELIEVE WE NEED TO HAVE YOUR VIDEO,
08:28:29 PLEASE.
08:28:34 >> I HEAR THE VIDEO ECHOING SOUND.
08:28:38 >> IT'S -- I GUESS THAT'S GETTING ME -- ONE SECOND.
08:28:40 LET ME SEE.
08:28:41 IT SAYS OPEN SYSTEM PREFERENCES FOR THE CAMERA TO ALLOW TO
08:28:44 SHARING.
08:29:02 LET ME OPEN MY WEB CAM.
08:29:10 CAN YOU HEAR ME?
08:29:12 >> YES, WE CAN HEAR YOU BUT WE CAN NOT SEE YOU.
08:29:29 >> IT'S SAYING SYSTEM PREFERENCES IS NOT ALLOWING
08:29:32 ME -- LET'S SEE.
08:29:47 >>JOSEPH CITRO: THERE YOU GO.
08:29:49 >> IT'S BLACK.
08:29:50 IT'S MY UNCLE.
08:29:52 IT'S MY UNCLE.
08:29:56 >> WE STILL NEED YOUR CAMERA.
08:30:04 >> DO YOU HAVE SEPARATE SIGN-INS NOW?
08:30:07 >>GUIDO MANISCALCO: YEAH.
08:30:07 HE HAS A DIFFERENT NAME.
08:30:09 >> YEAH.
08:30:09 I SENT HIM THE LINK BEFORE.
08:30:11 JUST THE LINK HE USED AND THAT ALLOWS HIM TO LOG IN.
08:30:14 BUT THEN I SIGNED OUT.
08:30:17 I SIGNED BACK IN.
08:30:18 IT LET ME SIGN IN AND IT LET ME USE MY (INAUDIBLE) BUT NOT
08:30:24 LET ME TURN MY CAMERA ON.
08:30:26 >> I'M LISTED AS LEV PALEI NOW.
08:30:31 NOT NATRUSKIN ANYMORE.
08:30:33 >>GUIDO MANISCALCO: VERY GOOD.
08:30:34 >> DO YOU BOTH INTEND TO TESTIFY?
08:30:37 >> I DIDN'T INTEND TO.
08:30:39 I THOUGHT DENIS WAS SET UP FOR IT.
08:30:42 >>GUIDO MANISCALCO: HMM.
08:30:44 >> BUT --
08:30:46 >>GUIDO MANISCALCO: ARE YOU ABLE TO IF YOU HAD TO?
08:30:48 >> YES.
08:30:49 I APOLOGIZE FOR MY OUTFIT BECAUSE I JUST WANTED TO WATCH.
08:30:54 >>GUIDO MANISCALCO: IT'S OKAY.
08:30:57 >>MARTIN SHELBY: MR. CHAIRMAN, I DON'T WANT HIM TO BE
08:31:01 PREJUDICED IF HE DOESN'T FEEL HE'D RATHER HAVE MR. NATRUSKIN
08:31:05 REPRESENT HIM.
08:31:07 >>GUIDO MANISCALCO: IF YOU'RE UNCOMFORTABLE, WE CAN CONTINUE
08:31:09 THIS TO ANOTHER DAY.
08:31:10 IF THAT COMES TO IT.
08:31:11 IF YOU ARE COMFORTABLE, YOU ARE -- BECAUSE YOU ARE THE
08:31:16 OWNER, AND YOU WOULD LAKE TO DO THE PRESENTATION, THAT'S UP
08:31:21 TO YOU.
08:31:21 OR WE CAN CONTINUE IT OR HOWEVER YOU WISH.
08:31:23 WE WANT YOU TO BE 100% COMFORTABLE.
08:31:28 >>MICHEL MATOS: CHAIR, I'D LIKE TO ADD WE HAVE STAFF
08:31:32 REACHING OUT TO DENIS.
08:31:32 IF YOU CAN GIVE HIM A COUPLE MINUTES.
08:31:34 >>GUIDO MANISCALCO: YEAH.
08:31:35 ALL RIGHT.
08:31:36 WE'LL WAIT THEN A FEW MINUTES.
08:31:37 THIS IS OUR LAST ITEM OF THE NIGHT AND THEY'LL TRY TO FIGURE
08:31:42 THIS OUT.
08:31:43 WE'LL GO FROM THERE.
08:31:48 >> WE CAN TALK.
08:31:50 IT'S JUST THE CAMERA.
08:31:51 IT'S SOMETHING WITH THE SECURITY AND PRIVACY SETTINGS ON MY
08:31:54 MAC THAT WON'T ALLOW ME TO TURN THE CAMERA ON.
08:31:58 >>GUIDO MANISCALCO: WE HAVE TO SEE YOU.
08:31:59 THAT'S THE ONLY THING.
08:32:02 >> YEAH.
08:32:02 I UNDERSTAND THAT.
08:32:03 I HAVE TO SWEAR IN.
08:32:05 >> MR. CHAIRMAN, IF THE STAFF CAN TURN OFF THE VIDEO FOR
08:32:09 MR. PELAI, PERHAPS YOU MAY WANT TO DO BUSINESS IF YOU WANT.
08:32:17 >>GUIDO MANISCALCO: LET'S DO THAT.
08:32:18 WE'LL TURN OFF THE VIDEO FOR MR. PELEI AND GO TO NEW
08:32:23 BUSINESS AND GET THAT OUT OF THE WAY AND GO BACK.
08:32:27 THANK YOU VERY MUCH.
08:32:28 SO NOW THAT WE'RE IN NEW BUSINESS, LET ME GO FIRST AND THE
08:32:31 REASON IS I SENT A MEMO OUT OR MY AID SENT A MEMO OUT
08:32:39 REGARDING THE EXPIRATION OF THE GOVERNOR'S EMERGENCY ORDER
08:32:45 WHERE WE'RE ABLE TO MEET TOTALLY VIRTUAL.
08:32:48 WE ANTICIPATE THE EXPIRATION AT THE END OF THIS MONTH, AND
08:32:51 OF COURSE GOING INTO OCTOBER, I DON'T WANT TO WAIT UNTIL THE
08:32:55 LAST MINUTE.
08:32:56 THE LEGAL DEPARTMENT DOESN'T WANT TO WAIT UNTIL THE LAST
08:32:58 MINUTE AS TO HOW WE PROCEED MOVING FORWARD IN OCTOBER.
08:33:03 I'M GOING TO PULL UP -- WE SENT OUT THE MEMO BUT I'LL READ
08:33:07 IT HERE.
08:33:07 THIS IS JUST A SUGGESTION AND HOW WE, YOU KNOW, HOW WE MOVE
08:33:14 FORWARD.
08:33:16 CITY COUNCIL RESUMES IN-PERSON QUORUMS AT THE TAMPA
08:33:19 CONVENTION CENTER MEANING A MINIMUM OF FOUR PEOPLE.
08:33:25 CITY COUNCIL MEMBERS NOT PRESENT AT THE CONVENTION CENTER
08:33:28 WILL PARTICIPATE VIRTUALLY ON VIDEO.
08:33:31 YOU'LL STAY AS IS IF YOU'RE ONE OF THE THREE NOT
08:33:34 PARTICIPATING.
08:33:35 THE PUBLIC, THE APPLICANT, AND ANY INTERESTED PARTIES AS
08:33:39 WELL AS STAFF WOULD PARTICIPATE VIRTUALLY.
08:33:43 THIS MEANS THIS IS NOT A REGULAR MEETING THAT WILL FLOOD A
08:33:48 RAM FULL OF PEOPLE.
08:33:49 THIS WILL APPLY TO EVENING MEETINGS AND WITH MORNING
08:33:52 MEETINGS CONTINUES AS AUDIO ONLY WITH VIDEO POWERPOINT
08:33:57 PRESENTATIONS UNLESS CITY COUNCIL DIRECTS OTHERWISE IN THE
08:34:01 MOTION.
08:34:02 IT WILL REMAIN IN EFFECT UNTIL DECEMBER 1, 2020.
08:34:06 HOPEFULLY THINGS CHANGE FOR THE BETTER WHERE WE CAN MEET IN
08:34:08 FULL IN-PERSON MEETINGS UNLESS THE CIRCUMSTANCES CHANGE.
08:34:12 FROM A PUBLIC HEALTH PERSPECTIVE, AS WE REMAIN IN A STATE OF
08:34:15 EMERGENCY DUE TO THE COVID-19 PANDEMIC.
08:34:25 I SENT THIS OUT AS A FORMAL MEMO BUT READ IT WORD TO WORD AS
08:34:30 IT STATES.
08:34:31 THAT'S MY SUGGESTION UNLESS ANYBODY HAS ANYTHING OTHER TO
08:34:34 CHANGE.
08:34:35 BEGINNING OCTOBER 1, UNLESS THE GOVERNOR EXTENDS THE
08:34:38 EMERGENCY ORDER WHICH THEN WE SAY AS WE HAVE VIDEO AND AUDIO
08:34:41 AS YOU SEE BUT SHOULD THAT NOT HAPPEN THAT WE BE READY TO
08:34:46 HAVE THE FOUR-PERSON QUORUM MINIMUM AT THE CONVENTION CENTER
08:34:50 WHICH SAURLD SET UP.
08:34:52 I'LL OF COURSE BE THERE FOR THE IN-PERSON MEETINGS SO IF
08:34:54 THERE ARE THREE OTHER COUNCIL MEMBERS THAT PROMISE AND CAN
08:34:58 GUARANTEE THEY'LL BE THERE AND PERHAPS AN ALTERNATE IF
08:35:03 SOMEBODY IS NOT ABLE TO SHOW UP, THAT'S WHAT I'M SUGGESTING.
08:35:08 IF ANYBODY ELSE HAS ANYTHING TO ADD.
08:35:11 >> MR. CHAIR, IF I MAY IF YOU'RE ASKING TO HAVE VOLUNTEERS
08:35:16 THAT WILL BE THERE, I'LL VOLUNTEER.
08:35:19 >>GUIDO MANISCALCO: ALL RIGHT.
08:35:19 ANYBODY ELSE?
08:35:23 CARLSON?
08:35:27 >>BILL CARLSON: I'M HAPPY TO VOLUNTEER.
08:35:30 >> YEAH.
08:35:30 SCHEDULE NOT WITHSTANDING, I CAN OBVIOUSLY VOLUNTEER.
08:35:38 AS A GENERAL RULE I'D HAVE NO PROBLEM WITH THAT.
08:35:41 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA?
08:35:45 SIR?
08:35:47 MR. MIRANDA?
08:35:50 >>CHARLIE MIRANDA: YES.
08:35:50 >>GUIDO MANISCALCO: WOULD YOU LIKE TO BE ONE OF THE
08:35:51 VOLUNTEERS FOR THE IN-PERSON QUORUM THAT WE NEED?
08:36:01 >>CHARLIE MIRANDA: I'VE BEEN DOING IT ALL ALONG.
08:36:04 >>GUIDO MANISCALCO: WE HAVE FIVE.
08:36:04 HOW ABOUT YOU, COUNCILMAN DINGFELDER?
08:36:07 WOULD YOU LIKE TO BE PART OF THE QUORUM THERE?
08:36:10 >>JOHN DINGFELDER: I THINK IT DEPENDS ON WHAT THE NUMBERS
08:36:14 ARE ON THAT GIVEN DAY.
08:36:16 RIGHT NOW THE NUMBERS ARE HEADED IN A GOOD DIRECTION AND I'M
08:36:18 GLAD TO SEE IT.
08:36:19 IF THE NUMBERS CONTINUE TO GO DOWN THAT WAY, I'LL BE GLAD TO
08:36:24 JOIN YOU.
08:36:25 IF THE NUMBERS GO BACK UP, I WILL RECONSIDER.
08:36:28 >>GUIDO MANISCALCO: ALL RIGHT.
08:36:28 COUNCILMAN GUDES?
08:36:35 >>ORLANDO GUDES: WE (INAUDIBLE)
08:36:37 >>GUIDO MANISCALCO: WE HAVE THE MINIMUM FOUR-PERSON QUORUM.
08:36:40 REMEMBER THIS IS NOT OPEN TO THE PUBLIC.
08:36:42 IT WILL BE, YOU KNOW, VIRTUAL AND WHAT NOT AND, YOU KNOW, SO
08:36:46 IT'S GOING TO BE --
08:36:49 >>ORLANDO GUDES: OKAY.
08:36:52 ALL RIGHT.
08:36:53 >>GUIDO MANISCALCO: CLOSED DOORS AT THE CONVENTION CENTER.
08:36:57 FOUR OF US ON THE DEUS.
08:37:00 STAFF MINIMAL AND EVERYONE WILL BE VIRTUAL AS YOU SEE HERE.
08:37:03 THAT'S TO KEEP THE SOCIAL DISTANCING AND HEALTH PROTOCOLS,
08:37:08 SAFETY PROTOCOLS IN PLACE WHERE WE'RE NOT BEING RECKLESS.
08:37:14 MR. SHELBY, WOULD I NEED TO MAKE A FORMAL MOTION TO ACCEPT
08:37:17 THAT?
08:37:18 >>MARTIN SHELBY: IF YOU PASS THE GAVEL AND YOU INTEND THAT
08:37:21 TO BE MADE, THAT'S YOUR PREROGATIVE IF YOU WANT SOMEONE ELSE
08:37:29 TO MAKE THE MOTION BASED ON YOUR MEMO.
08:37:32 >>GUIDO MANISCALCO: I'M HAPPY BECAUSE I SENT THE MEMO TO
08:37:34 COUNCIL MEMBERS AND OTHER INDIVIDUALS HAVE BEEN CC'ED FROM
08:37:38 JOHN BENNETT TO SUE LING TO GINA GRIMES AND EVERYBODY.
08:37:45 LOTS OF ATTORNEYS AND THE WHO'S WHO.
08:37:48 I'LL PASS THE GAVEL TO COUNCIL MEMBER CITRO, PRO TEM CITRO.
08:37:52 >>JOSEPH CITRO: YES, SIR.
08:37:53
08:37:53 >>GUIDO MANISCALCO: I'D LIKE TO MAKE A MOTION THAT WE GO
08:37:55 WITH AS STATED IN THE MEMO, OPTION THREE WHICH MEANS THAT
08:38:02 CITY COUNCIL WILL RESUME IN-PERSON QUORUMS AT THE TAMPA
08:38:05 CONVENTION CENTER.
08:38:06 THIS IS IF THE GOVERNOR DOES NOT EXTEND THE ORDER AT THE END
08:38:09 OF THIS MONTH BUT IN ANTICIPATION THAT HE DOES NOT, IT WOULD
08:38:14 BE BEGINNING OCTOBER 1 WHICH WE DO HAVE A MEETING.
08:38:17 FOUR COUNCIL MEMBERS WHICH WE ALREADY REACHED THAT QUORUM
08:38:21 WOULD MEET AT THE CONSTRINGS CENTER -- CONVENTION CENTER AND
08:38:25 REST PARTICIPATE VIA VIDEO.
08:38:30 THE STAFF WOULD PARTICIPATE ON VIDEO AND NOT BE THERE IN THE
08:38:33 ROOM WITH US.
08:38:34 THIS WOULD APPLY TO EVENING MEETINGS AND WITH MORNING
08:38:37 MEETINGS CONTINUING AS AUDIO ONLY WITH VIDEO POWER POINT
08:38:41 PRESENTATION.
08:38:47 >>MARTIN SHELBY: MR. CHAIRMAN, I DID HAVE AN OPPORTUNITY TO
08:38:50 SPEAK WITH MS. WELLS AND RIGHT BEFORE THIS MEETING STARTED
08:38:55 AT 5:00.
08:38:58 WANT TO CONFIRM THAT ONCE THAT EXPIRES, THE EXECUTIVE ORDER,
08:39:03 THAT COUNCIL CAN CONTINUE TO HAVE THE MORNING MEETINGS IN
08:39:09 VIDEO.
08:39:10 IF THERE IS A LEGAL ISSUE WITH REGARD TO THAT, THEY'LL
08:39:14 CERTAINLY BRING THAT TO COUNCIL'S ATTENTION AND ADVISE YOU.
08:39:16 BUT AS OF NOW, IT DEPENDS ON WHAT COUNCIL'S PLEASURE IS.
08:39:19 COUNCIL MEMBERS DEFINITELY WANT TO GO VIDEO TONIGHT, THEY
08:39:22 CAN CERTAINLY MAKE IT THE MORNING MINUTES, THEY CAN MAKE
08:39:26 THAT AS PART OF THE MOTION.
08:39:27 OTHERWISE YOU CAN KEEP THINGS EXACTLY AS THEY ARE IN THE
08:39:30 MORNING.
08:39:30 LEGALLY IF THINGS CHANGE, WE'LL HAVE TO ADVISE YOU OF THAT.
08:39:33 >>GUIDO MANISCALCO: OKAY.
08:39:33 HOWEVER, IF IN THE CASE THE GOVERNOR DOES EXTEND THIS --
08:39:38 >>MARTIN SHELBY: YES.
08:39:39 >>GUIDO MANISCALCO: ANYTHING CAN HAPPEN, IT WOULD JUST BE
08:39:41 BUSINESS AS USUAL AS WE HAVE BEEN DOING SO FAR.
08:39:46 >> THAT'S CLEAR AS PART OF THE MOTION IF THAT'S YOUR
08:39:48 INTENTION.
08:39:48 >>GUIDO MANISCALCO: OKAY.
08:39:49 WE HAVE THIS PREPARED SO WE ANTICIPATE OCTOBER 1 BACK, YOU
08:39:53 KNOW, TO THE MOTION I'M MAKING.
08:39:55 HOWEVER, IF THE GOVERNOR EXTENDS IT, WE STAY AS WE ARE.
08:39:59 THAT'S MY MOTION.
08:40:00 >>MARTIN SHELBY: UNDERSTOOD.
08:40:02 >>JOSEPH CITRO: IS THERE A SECOND TO COUNCILMAN MANISCALCO'S
08:40:06 MOTION?
08:40:07 >> SECOND.
08:40:07 >>JOSEPH CITRO: MOTION BY COUNCILMAN MANISCALCO AND SECONDED
08:40:11 BY COUNCILMAN VIERA.
08:40:12 ANY DISCUSSION?
08:40:13 ROLL CALL VOTE PLEASE.
08:40:16 >>LUIS VIERA: YES.
08:40:18 >>ORLANDO GUDES: YES.
08:40:19 >>JOHN DINGFELDER: YES.
08:40:24 >>GUIDO MANISCALCO: YES.
08:40:27 >>BILL CARLSON: YES.
08:40:28 >>JOSEPH CITRO: YES.
08:40:29 >>CHARLIE MIRANDA: YES.
08:40:30 >> MOTION CARRIES UNANIMOUSLY.
08:40:33 >>JOSEPH CITRO: MR. CHAIR, I HAND THE GAVEL BACK.
08:40:35 >>GUIDO MANISCALCO: THANK YOU, SIR.
08:40:36 ALL RIGHT.
08:40:37 THE REST OF NEW BUSINESS.
08:40:38 COUNCILMAN VIERA, DO YOU HAVE ANYTHING?
08:40:43 >>LUIS VIERA: ABSOLUTELY NOTHING.
08:40:43 >>GUIDO MANISCALCO: THANK YOU.
08:40:44 COUNCILMAN GUDES, ANYTHING FOR NEW BUSINESS?
08:40:49 >>ORLANDO GUDES: NOTHING, THANK YOU.
08:40:50 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER?
08:40:53 >>JOHN DINGFELDER: YES, MR. CHAIRMAN.
08:40:54 I'D SAY IN ABOUT 60 TO 90 DAYS, I'D LIKE TO GET A REPORT
08:41:00 FROM STAFF IN OUR REGULAR COUNCIL MEETINGS ABOUT FENCES,
08:41:06 SPECIFICALLY CORNER FENCES AND FRONT YARD FENCES.
08:41:11 I THINK THERE SEEMS TO BE SOME CONFUSION ABOUT THAT ISSUE
08:41:17 AND ALSO ABOUT STAFF.
08:41:21 IT WAS NEWS TO ME THAT [AUDIO DISTORTION] WAIVE THE
08:41:27 REQUIREMENT.
08:41:28 I DIDN'T REALIZE THE PROTOCOL CHANGED.
08:41:31 I'D LIKE STAFF TO GIVE US AN UPDATE ON THE CODE, ON THE
08:41:34 ABILITY OF STAFF TO WAIT -- WAIVE THE PROVISIONS ON THE
08:41:39 BENEFIT OF LOWER FENCES IN THE FRONT YARD.
08:41:46 >>GUIDO MANISCALCO: IS JANUARY OKAY?
08:41:49 >>JOHN DINGFELDER: PARDON?
08:41:50 >>GUIDO MANISCALCO: IS JANUARY OKAY?
08:41:51 WE HAVE CHRISTMAS AND THANKSGIVING AND HANUKKAH AND
08:41:54 EVERYTHING IN BETWEEN, SO.
08:41:55 >>JOHN DINGFELDER: JANUARY IS FINE.
08:41:56 THERE IS NO RUSH.
08:41:58 I THINK WE JUST NEED TO GET SOME CLARIFICATION ON WHERE
08:42:01 WE'RE AT ON FRONT YARD --
08:42:09 >>GUIDO MANISCALCO: WHAT IS THE NEAREST COUNCIL MEETING FOR
08:42:11 THAT STAFF REPORT?
08:42:14 MR. SHELBY, DO YOU HAVE THAT IN FRONT OF YOU?
08:42:23 YOU'RE MUTED.
08:42:24 >>MARTIN SHELBY: I'M SORRY.
08:42:25 THE QUESTION WAS?
08:42:26 MY APOLOGIES.
08:42:28 >>GUIDO MANISCALCO: WHAT IN JANUARY IN THE REGULAR COUNCIL
08:42:30 MEETING, THE JANUARY 14TH?
08:42:33 >>MARTIN SHELBY: JANUARY 14th, SIR.
08:42:34 >>GUIDO MANISCALCO: OKAY.
08:42:35 IS --
08:42:36 >>MARTIN SHELBY: 2021.
08:42:37 >>GUIDO MANISCALCO: IS THAT OKAY, COUNCILMAN DINGFELDER?
08:42:40 >>JOHN DINGFELDER: THAT WOULD BE GREAT.
08:42:40 THANK YOU, MR. CHAIR.
08:40:22 >> SECOND BY COUNCIL MEMBER GUDES.
08:42:03 IS THERE ANY OBJECTION TO THE MOTION?
08:42:06 WITHOUT OBJECTION, UNANIMOUS CONSENT.
08:42:08 THE MOTION PASSES.
08:42:13 STAFF REPORT, JANUARY 14th, 2021.
08:42:18 ANYTHING ELSE, COUNCILMAN DINGFELDER?
08:42:20 >>JOHN DINGFELDER: NO.
08:42:21 THANK YOU.
08:42:21 >>GUIDO MANISCALCO: COUNCILMAN CARLSON, DO YOU HAVE
08:42:24 ANYTHING, SIR?
08:42:29 >>BILL CARLSON: I DON'T THINK ANYBODY MENTIONED THIS, A
08:42:37 COMMENDATION FOR JACK HARRIS' 50th ANNIVERSARY ON
08:42:41 AIR.
08:42:42 I MAKE A MOTION THAT WE PROVIDE A COMMENDATION, AND I CAN
08:42:45 DELIVER IT, OR WE CAN ASK HIM IF HE WANTS TO COME ON ONE
08:42:49 DAY.
08:42:49 >>JOSEPH CITRO: I SECOND.
08:42:50 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN CARLSON.
08:42:53 SECOND BY COUNCILMAN CITRO.
08:42:55 DO WE HAVE ANY OBJECTION TO THE MOTION?
08:42:58 HEARING NONE, BY UNANIMOUS CONSENT THE MOTION PASSED.
08:43:02 THANK YOU VERY MUCH, SIR.
08:43:04 ANYTHING ELSE?
08:43:07 COUNCILMAN CITRO.
08:43:07 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
08:43:14 COUNCILMAN CARLSON, IF YOU GO, I WILL ACCOMPANY YOU.
08:43:23 NOTHING MORE THAN GO HOME.
08:43:24 THANK YOU, MR. CHAIR.
08:43:25 >>GUIDO MANISCALCO: THANK YOU, SIR.
08:43:36 COUNCILMAN MIRANDA, DO YOU HAVE ANY NEW BUSINESS, SIR?
08:43:40 >>CHARLIE MIRANDA:
08:43:45 >> EVERY DAY I COME HERE, SEE FENCES PUT UP, AND JUST A
08:43:55 LOT WHEN ANYBODY SELLS A HOUSE.
08:43:59 AND PLASTIC VINYL FENCE ON THE PROPERTY LINE ALL THE WAY
08:44:04 DOWN THE BACKYARD ALL THE WAY ACROSS BACK UP TO THE FRONT
08:44:07 OF THE HOUSE.
08:44:08 YOU CAN'T SEE WHAT'S IN THE BACKYARD.
08:44:10 NO ONE CAN LOOK IN.
08:44:11 NO ONE CAN LOOK OUT.
08:44:13 AND I'M AFRAID THE FRONT OF THE HOUSE WHERE AT LEAST THE
08:44:19 POLICE DEPARTMENT CAN LOOK INTO WITHOUT GOING IN.
08:44:25 AND I THINK FOR PUBLIC SAFETY, THINGS THAT WE SHOULD LOOK
08:44:28 AT.
08:44:29 MY NEIGHBORHOOD, EVERY TIME A HOUSE IS SOLD, THE NEXT
08:44:33 THING YOU SEE THE VINYL PLASTIC FENCE.
08:44:37 YOU CAN'T SEE THE BACKYARD.
08:44:41 IT COULD BE DANGEROUS TO ANYONE.
08:44:43 AND I UNDERSTAND, BUT WHEN YOU DRIVE BY A HOUSE, TALKING
08:44:50 ABOUT PUBLIC SAFETY.
08:44:56 CAN'T SEE ANYTHING UNLESS YOU HAD A 6-FOOT LADDER.
08:45:00 BUT I WANT TO KNOW WHY WE HAVE CERTAIN GUIDELINES, IF YOU
08:45:03 HAVE TO HAVE A 4-FOOT FENCE AT THE FRONT YARD.
08:45:07 I'M NOT TALKING ABOUT THE -- THE GATES.
08:45:10 YOU CAN HAVE A PLASTIC FENCE.
08:45:12 HAVE A 4-FOOT.
08:45:15 I UNDERSTAND THAT.
08:45:21 AND I WOULD LIKE TO PUT THIS ON THE JANUARY 14th, WHY
08:45:28 WE HAVE TO HAVE A 6-FOOT FENCE UP FRONT, AND WHY WE CAN
08:45:32 ALLOW PLASTIC FENCES WITHOUT ANYONE LOOKING AT THE
08:45:35 BACKYARD, WITHOUT SEEING WHO IS THERE, FOR WHATEVER
08:45:38 REASON.
08:45:38 I'M NOT TRYING TO SPY ON NO NEIGHBORS.
08:45:40 BUT I WANT SAFETY FOR OUR POLICE OFFICERS ALSO.
08:45:46 IF YOU GO TO SOMEONE YOU CAN'T SEE, YOU HAVE GOT A
08:45:51 PROBLEM.
08:45:51 >>GUIDO MANISCALCO: DO YOU WANT TO MAKE THAT IN WITH
08:45:54 COUNCILMAN DINGFELDER'S?
08:46:02 THEN WE'LL HAVE A MOTION TO THAT EFFECT, THAT WE HAVE A
08:46:04 FENCE DISCUSSION THERE AND A STAFF REPORT, AND DINGFELDER
08:46:11 THAT WE CAN COVER ALL THE BASES.
08:46:13 COUNCILMAN MIRANDA HAS A MOTION AND A SECOND.
08:46:17 SECOND FROM COUNCILMAN VIERA.
08:46:19 IS THERE ANY OBJECTION?
08:46:21 HEARING NONE, BY UNANIMOUS CONSENT, THE MOTION PASSES.
08:46:25 AND THAT SETTLES NEW BUSINESS.
08:46:27 BACK TO ITEM NUMBER 9 IS DENIS NOW ABLE TO APPEAR BY
08:46:37 VIDEO?
08:46:38 >> OKAY.
08:46:53 I'M LETTING YOU DO IT.
08:46:54 >>GUIDO MANISCALCO: IF YOU ARE COMFORTABLE WITH DOING
08:47:02 THAT, THEN WE CAN GO AHEAD AND DO THE PRESENTATION.
08:47:05 IF YOU ARE COMFORTABLE.
08:47:07 >> YES.
08:47:09 >>GUIDO MANISCALCO: PLEASE RAISE YOUR LIGHT HAND.
08:47:10 THE CLERK WILL SWEAR YOU IN.
08:47:12 >> DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH THE WHOLE
08:47:23 TRUTH AND NOTHING BUT THE TRUTH?
08:47:25 >> YES.
08:47:26 >> AND WE HAVE INSTEAD OF NOTHING WRITTEN ON THIS ITEM.
08:47:30 >>SUSAN JOHNSON-VELEZ: ASSISTANT CITY ATTORNEY. THIS IS
08:47:32 A REVIEW HEARING FOR DESIGN EXCEPTION 1 PURSUANT TO LAND
08:47:35 DEVELOPMENT CODE SECTION 27-60.
08:47:39 ALTERNATIVE DESIGN EXCEPTION WITH MINOR DEVIATION FROM
08:47:42 THE STRICT APPLICATION FOR LAND DEVELOPMENT TO THE
08:47:44 LIMITATIONS DESCRIBED IN THE CODE.
08:47:47 CRITERIA IS EVALUATING THE ALTERNATIVE DESIGN EXCEPTION
08:47:51 AND SECTION 27-60-E-5.
08:47:58 PETITIONER HAS THE BURDEN OF PROVING THAT THEY MEET THE
08:48:01 CRITERIA FOR THE GRANTING OF DESIGN EXCEPTION.
08:48:05 THIS REVIEW HEARING IS DE NOVO WHICH MEANS YOU ARE NOT
08:48:09 LIMITED IN DOCUMENTATION OR EVIDENCE THAT STAFF MADE ITS
08:48:14 DECISION.
08:48:14 YOU MUST TIE THE EVIDENCE IN THE CODE AND COUNCIL MAY
08:48:18 IMPOSE REASONABLE CONDITIONS UPON THE DESIGN EXCEPTION TO
08:48:21 ENSURE THAT PUBLIC HEALTH, SAFETY AND GENERAL WELFARE OF
08:48:24 PROTECTED AND SUBSTANTIAL JUSTICE IS DONE.
08:48:29 FOLLOWING THE PRESENTATION, COUNCIL MAY EITHER UP HOLD
08:48:32 STAFF'S DENIAL OR OVERTURN THE DENIAL.
08:48:36 SHOULD IT BE YOUR PLEASURE TO OVERTURN YOU MAY IMPOSE
08:48:41 REASONABLE CONDITIONS.
08:48:42 I WILL TURN IT OVER TO MR. COTTON TO EXPLAIN THE PLANNING
08:48:46 COMMISSION'S REQUEST.
08:48:50 >>ERIC COTTON: PLANNING AND DEVELOPMENT.
08:48:51 THIS IS A PETITION FOR REUSE, DE-1-20-106, FOR PROPERTY
08:49:00 AT 3609 NORTH 53RD STREET.
08:49:05 THERE ARE THREE REQUESTS THE APPLICANT IS ASKING FOR.
08:49:05 REZONE RS 16 RESIDENTIAL MULTIFAMILY, AND PROPOSED USE IS
08:49:08 A RESIDENTIAL SEMI-DETACHED, WHICH IS SIDE BY SIDE,
08:49:13 NORMALLY CALLED A DUPLEX.
08:49:16 THEY ARE ASKING FOR A WAIVER OF PARKING SPACES, ACCORDING
08:49:21 TO CITY OF TAMPA REQUIREMENT.
08:49:24 SECTION E-1-E STATES THAT THE VEHICULAR HEDGE OF A
08:49:30 GARAGE, CARPORT, MOTOR VEHICLE STORAGE CANNOT BE
08:49:34 CONSTRUCTED IN FRONT OF THE PRINCIPAL SUBJECT.
08:49:42 THEN THE OTHER REQUEST IS THAT NO DRIVEWAY BE CONE
08:49:45 INSTRUCTED TO THE SIDE OF THE PROPERTY.
08:49:48 SO IN THIS CASE THE APPLICANT ASKED TO PUT FOUR PARKING
08:49:51 SPACES FOR THE UNIT, DETERMINE EIGHT -- TERMINATING AT
08:49:57 THE FRONT OF THE STRUCTURE.
08:49:58 ADDITIONALLY, BECAUSE THE UNITS ARE REQUIRED TO HAVE ONE
08:50:02 GUEST PARKING SPACE, THE URBAN DESIGN STAFF REVIEWED THE
08:50:09 REQUEST, DETERMINED THAT THERE WAS A POSSIBILITY THAT HE
08:50:12 COULD PROVIDE PARKING IN THE REAR OF THE STRUCTURE.
08:50:19 HAVING ROUGHLY A 9-FOOT DRIVE AISLE TOWARD THE BACK TO
08:50:22 PROVIDE PARKING IN THE REAR.
08:50:24 SO URBAN DESIGN DENIED THE REQUEST.
08:50:29 THIS IS AN AERIAL OF THE PROPERTY.
08:50:32 53rd SURROUNDED BY RM-16, I BELIEVE THE MAJORITY OF
08:50:38 THE PROPERTIES UP AND DOWN THE VICINITY ARE
08:50:41 SINGLE-FAMILY, ACROSS THE STREET THERE ARE DUPLEXES OR
08:50:46 SINGLE-FAMILY.
08:50:55 THIS IS THE PROPERTY TO THE NORTH.
08:50:57 THIS IS PROPERTY ACROSS THE STREET, SINGLE-FAMILY HOME
08:51:00 WITH A GARAGE.
08:51:03 THAT'S THE END OF MY PRESENTATION.
08:51:05 WILL I WILL BE HAPPY TO ANSWER QUESTIONS FOR YOU.
08:51:07 >>GUIDO MANISCALCO: ANY QUESTIONS FOR MR. COTTON?
08:51:17 THANK YOU VERY MUCH.
08:51:17 >>JOSEPH CITRO: I'M SORRY, I WAS MUTED.
08:51:19 I APOLOGIZE.
08:51:20 MR. COTTON, THE REASON FOR THE DENIAL WAS THE CARS THAT
08:51:24 MAY HAVE BEEN PARKED IN PARKING SPACES ON THE
08:51:30 RIGHT-OF-WAY?
08:51:31 >>ERIC COTTON: NO, SIR, IT WAS GOING TO BE OFF THE
08:51:34 RIGHT-OF-WAY.
08:51:37 BACK IN 2000, THOSE REQUIREMENTS WERE YOU CAN'T PARK IN
08:51:45 FRONT OF THE STRUCTURE UNLESS YOU ARE GOING INTO A
08:51:47 GARAGE.
08:51:47 AND SO THAT WAS ONE OF THE REQUESTS.
08:51:50 SO THAT WAS ONE OF THE BASES FOR THE DENIAL.
08:51:55 BUT THEY DON'T MEET THE REQUIREMENT OF THE TAMPA OVERLAY.
08:51:58 >>JOSEPH CITRO: THANK YOU VERY MUCH.
08:51:59 THANK YOU, MR. CHAIR.
08:52:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
08:52:03 ALL RIGHT.
08:52:04 SIR, LEV, YOU ARE NOW UP.
08:52:11 GO AHEAD, SIR.
08:52:11 >> OKAY.
08:52:14 SO I HAVE A PRESENTATION FOR YOU.
08:52:19 >>GUIDO MANISCALCO: ALL RIGHT.
08:52:20 IT'S GOING TO LOAD IN A SECOND.
08:52:21 >> LEV PALEI: OKAY.
08:52:32 >>GUIDO MANISCALCO: CAN WE SHARE THE SCREEN?
08:52:43 >> CAN YOU SEE IT?
08:52:45 >>GUIDO MANISCALCO: NOT YET.
08:52:46 >>MARTIN SHELBY: MADAM CLERK, DOES HE NEED SOME
08:53:04 ASSISTANCE OR WHAT NEEDS TO BE DONE?
08:53:07 >>THE CLERK: WELL, TRY AGAIN.
08:53:14 HOLD ON.
08:53:19 IT SHOULD POP UP RIGHT NOW.
08:53:21 >>GUIDO MANISCALCO: OKAY.
08:53:25 IN A MINUTE IT WILL ACTIVATE THE SCREEN.
08:53:27 >> OKAY.
08:53:34 HERE WE GO.
08:53:37 OKAY.
08:53:42 CAN YOU SEE IT NOW?
08:53:44 >>GUIDO MANISCALCO: IT SHOULD LOAD NOW.
08:53:46 GIVE IT A SECOND.
08:53:53 THERE.
08:53:53 NOW WE CAN SEE IT, YES, SIR.
08:53:55 GO AHEAD.
08:53:55 >> OKAY.
08:54:00 SO WE HAVE BEEN TRYING TO ASK FOR -- THERE IS NO PARKING
08:54:14 AND MULTIPLE PARKING IN THE BACK OF THE DUPLEX TO ALLOW
08:54:18 US TO DO IT IN THE FENCED YARD, AND GRANT PARK IDEAL.
08:54:28 THERE ARE VERY FEW THAT HAVE PARKING IN THE BACKYARD.
08:54:46 SO THIS YOU CANNOT SEE BECAUSE OF THE TECHNICAL.
08:54:50 BUT A SINGLE FAMILY.
08:54:56 THIS IS THE GRANT PARK, AND THIS IS ZONED RM-16.
08:55:02 SO IT IS SPECIFICALLY ZONED FOR MULTIFAMILY UNITS.
08:55:08 BUT OVER THE PAST, SAY, 15 YEARS, NONE OF THE DUPLEXES
08:55:13 WERE IN THE AREA, ONLY SINGLE-FAMILY HOUSES, AND THIS IS
08:55:18 BECAUSE THE REQUIREMENTS, I THINK.
08:55:24 SO THIS IS THE DIFFERENCE OF WHAT WE PROPOSE IN THE RED.
08:55:28 THIS IS JUST PARKING FOR CARS IN FRONT OF THE DUPLEX.
08:55:35 AND WHAT WE ARE REQUIRED TO DO IS PUT THE PARKING IN THE
08:55:39 BACKYARD.
08:55:40 AS YOU CAN SEE, A LARGE PART OF THE LOAD, AND THOSE WILL
08:55:48 DEPRIVE THE TENANTS OF THE BACKYARD WHERE THEY WOULD HAVE
08:55:52 A BARBECUE AT THE TIME WITH THEIR CHILDREN.
08:55:55 SO AND THAT'S IT.
08:56:04 SO OUR REQUEST, AND THIS HAS BEEN DISCUSSED SINCE MAY,
08:56:17 LOOKED MUCH WORSE WHAT WE SUGGEST.
08:56:23 ONE OF THE OPTIONS WAS TO BUILD A GARAGE FOR THE DUPLEX,
08:56:29 BUT THEN THERE WOULD BE TWO GARAGE FOR ONE EACH AND THEN
08:56:33 STILL TWO CARS OR THREE CARS IN FRONT OF THE DUPLEX SO IT
08:56:38 DOESN'T CHANGE MUCH.
08:56:39 AND ANOTHER ALTERNATIVE WAS -- ANOTHER REQUIREMENT WAS
08:56:50 ITS SUPPOSED TO BE VARIOUS STORMWATER MANAGEMENT
08:56:56 REQUIREMENT THAT MAKES US TO RAISE THE GROUND.
08:57:05 SO THE RULES ARE TEN FEET AND WE KNOW THAT IF THE DUPLEX
08:57:09 IS ALLOWED, THERE SHOULD BE SOME KIND OF A WAIVER, AND
08:57:21 THE WAIVER WE ASK YOU TO GIVE US IS TO KEEP IT SIMPLE AND
08:57:25 KEEP THIS AREA AS A PARKING IN FRONT.
08:57:31 SO I THINK THAT MADE MOST OF THESE ARGUMENTS.
08:57:36 OKAY.
08:57:39 AND THAT'S THE SUMMARY OF THE PRESENTATION.
08:57:42 SO WE ASK THE CITY COUNCIL TO HELP US PASS THE PLAN, AND
08:57:50 WE TRIED OUR BEST TO FIND A SOLUTION.
08:57:55 BUT AS WE SEE IT, THERE IS NO WAY FOR US TO BUILD THE
08:58:00 DUPLEX THERE.
08:58:01 SO IF YOU DON'T GRANT US A WAIVER, THEN THERE WILL BE NO
08:58:05 DUPLEX ON THIS LOT, AND ONLY SINGLE-FAMILY HOUSE, IN
08:58:14 GRANT PARK.
08:58:15 THANK YOU VERY MUCH FOR YOUR ATTENTION.
08:58:17 AND I APOLOGIZE ONCE AGAIN FOR THE TECHNICAL
08:58:21 DIFFICULTIES.
08:58:23 I ENJOYED LISTENING TO THE WHOLE CITY COUNCIL MEETING.
08:58:27 IT'S THE FIRST TIME FOR ME.
08:58:29 BUT I FOUND A LOT OF INTERESTING INFORMATION.
08:58:33 AND I DO APPRECIATE THE HARD WORK YOU DO WITH THE
08:58:37 CORONAVIRUS.
08:58:38 BY THE WAY, WE APPLIED FOR THE CITY COUNCIL BACK IN MAY,
08:58:43 AND WE GET TO WAIT UNTIL NOW, AS MANY OTHER PEOPLE.
08:58:50 SO YOUR OFFER WAS REALLY GENEROUS TO DO MORE, BUT WE ARE
08:58:59 ANXIOUS FOR AN ANSWER AND IT WOULD BE VERY HELPFUL IF YOU
08:59:02 COULD HELP US OUT HERE.
08:59:04 THANK YOU.
08:59:04 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
08:59:05 AND WE APPRECIATE -- THAT YOU APPRECIATE THE CITY COUNCIL
08:59:09 MEETINGS.
08:59:10 THEY ARE VERY, VERY EXCITING.
08:59:11 ANY OTHER QUESTIONS FOR THE APPLICANT?
08:59:13 ANYTHING AT ALL FOURTH GENTLEMAN?
08:59:14 >>JOHN DINGFELDER: MAKING US LAUGH HERE TONIGHT.
08:59:30 >>GUIDO MANISCALCO: ANY QUESTIONS?
08:59:32 >>JOHN DINGFELDER: YES, I DID.
08:59:33 LOOKING AT THE STAFF REPORT, LOT 50 BY 112 AND SIDE YARD
08:59:46 REDUCED TO 7 FEET. THIS IS ONE OF THE BASES FOR THE
08:59:50 DENIAL OF THE ZONING ADMINISTRATION.
08:59:52 THE PROPERTY COULD HAVE BEEN DESIGNED TO PROVIDE PARKING
08:59:54 AT THE REAR.
08:59:57 AND ERIC, DO YOU STILL HOLD TO THAT?
09:00:04 >>ERIC COTTON: PLANNING AND DEVELOPMENT.
09:00:06 THE PROPERTY COULD STILL BE -- I UNDERSTAND THE
09:00:10 APPLICANT'S POINT OF TAKING AWAY USABLE BACKYARD.
09:00:16 BUT THE REQUEST IS TO PUT SETBACK TO SET BACK IN THE REAR
09:00:24 OF THE PROPERTY, DID NOT SHOW ANY KIND OF DESIGN
09:00:26 ALTERNATIVE TO TRY TO MEET THE REQUIREMENTS OF PARKING
09:00:32 AND THE EAST TAMPA OVERLAY.
09:00:35 THAT'S WHY URBAN DESIGN DENIED THE REQUEST.
09:00:38 >>JOHN DINGFELDER: OKAY.
09:00:39 AND MR. PALEI,
09:00:46 YOU HEARD THIS COMMENT, OR MAYBE YOU HAVE SEEN THIS
09:00:49 COMMENT FROM STAFF.
09:00:52 I THINK THEY ARE INDICATING THAT IT'S POSSIBLE TO DO THE
09:00:57 DUPLEX, BUT PUT THE CARS IN THE REAR.
09:01:03 AND WHY EXACTLY WOULD YOU NOT WANT TO DO THAT?
09:01:05 >> LEV PALEI: WELL, ONE OF THE REASONS IS THAT IT WOULD
09:01:11 COVER A LARGE PART OF THE LOT, AND JUST, YOU KNOW, THE
09:01:16 DRIVEWAY AND THE PARKING PLACE, SO THERE WILL BE NO
09:01:19 BACKYARD AT ALL FOR DENIS, AND WOULD BE MUCH LESS OPTION.
09:01:27 THIS IS ONE ARGUMENT.
09:01:28 BUT ANOTHER ONE IS THAT SINCE MAY, WE HAVE TRIED TO REACH
09:01:32 OUT TO THE ADMINISTRATOR, AND WE PROPOSED TO DO PARKING
09:01:37 IN THE BACK, ALL FIVE CARS.
09:01:39 WE OFFERED THEM A PLAN.
09:01:41 BUT THEY SAID IT WOULD BE TOO MUCH OF AN AREA COVERED,
09:01:46 AND THAT IT IS NOT FEASIBLE FOR THIS.
09:01:52 SO WE DID OFFER TO PUT THE PARKING IN THE BACK OF THE
09:01:56 DUPLEX, BUT ACTUALLY WAS NOT POSITIVE FOR THAT.
09:02:04 >>JOHN DINGFELDER: SORRY.
09:02:05 MR. COTTON, DO YOU HAVE ANY RESPONSE ON THAT, SIR?
09:02:09 >>ERIC COTTON: I DON'T KNOW.
09:02:10 I THINK THEY MAY HAVE SPOKEN TO URBAN DESIGN.
09:02:13 THEY NEVER SPOKE TO ME ABOUT IT.
09:02:14 I THINK THEY SPOKE TO MIKE CALLAHAN ABOUT THE REQUEST.
09:02:18 I DON'T RECALL HAVING ANY DISCUSSION OVER THE DESIGN OF
09:02:22 THAT PROPERTY, THE PARKING IN THE REAR, AND HAVING TOO
09:02:28 MUCH IN THAT PROCESS.
09:02:30 >> YOU CAN GO BACK TO MY PRESENTATION, I CAN SHOW YOU
09:02:39 WITH THE ADMINISTRATOR.
09:02:40 >>JOHN DINGFELDER: THEY SAID THERE WAS TOO MUCH
09:02:43 IMPERVIOUS SURFACE?
09:02:45 >> YES.
09:02:46 WELL, THAT, TOO.
09:02:49 BUT I WILL JUST SHOW YOU THIS LETTER.
09:02:54 THIS IS ABOUT THE GARAGE.
09:03:03 SO THIS IS NOT THE BEST FOR DUPLEX IN THE MAJORITY OF THE
09:03:08 SITE.
09:03:09 THAT'S WHAT THEY ANSWERED THAT.
09:03:13 AND THAT'S WHEN WE PROPOSED TO PUT THE PARKING IN THE
09:03:16 BACK OF THE DUPLEX.
09:03:19 >>JOHN DINGFELDER: I TAKE IT THERE'S NO GARAGES.
09:03:21 IS THAT CORRECT?
09:03:22 >> EXCUSE ME?
09:03:24 >>JOHN DINGFELDER: A GARAGE?
09:03:26 >> NO GARAGE, NO.
09:03:28 MOST OF THE DUPLEXES THERE, THEY DON'T BUILD A GARAGE.
09:03:32 IT'S JUST PEOPLE WHO LIVE IN THE DUPLEXES, THEY ARE
09:03:35 MOSTLY CONCERNED ABOUT MAINTENANCE, AND GIVE THEM SOME
09:03:41 PRIVACY IN THE BACKYARD.
09:03:43 BUT SINCE THE PARKING IN THE BACK WOULD DEPRIVE THEM OF
09:03:47 THIS, OBVIOUSLY.
09:03:48 >>JOHN DINGFELDER: THANK YOU.
09:03:50 >>GUIDO MANISCALCO: ALL RIGHT.
09:03:51 ANY OTHER COUNCIL MEMBERS WITH QUESTIONS AT THIS TIME?
09:04:00 HEARING NONE, DO WE HAVE ANYBODY FROM THE PUBLIC THAT
09:04:02 WISHES TO SPEAK, IS REGISTERED TO SPEAK OR IS AT THE
09:04:06 CONVENTION CENTER?
09:04:07 >>THE CLERK: NO ONE HAS REGISTERED TO SPEAK ON THIS
09:04:12 ITEM.
09:04:14 >>AILEEN ROSARIO: PLANNING AND DEVELOPMENT.
09:04:15 NO ONE IS HERE ON THIS ITEM.
09:04:17 THANK YOU.
09:04:17 >>GUIDO MANISCALCO: VERY GOOD.
09:04:19 ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS?
09:04:23 MAY I HAVE A MOTION TO CLOSE?
09:04:25 >>CHARLIE MIRANDA: SO MOVED, MR. CHAIRMAN.
09:04:29 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
09:04:31 SECOND BY COUNCILMAN CARLSON.
09:04:33 ANY OBJECTION?
09:04:34 HEARING NO OBJECTION, AND BY UNANIMOUS CONSENT, THE
09:04:37 HEARING IS NOW CLOSED.
09:04:38 WHAT IS THE PLEASURE OF COUNCIL?
09:04:48 THE LIGHTNING ARE UP 3-0.
09:04:50 WHAT IS THE PLEASURE OF COUNCIL?
09:04:52 [ LAUGHTER ]
09:05:01 >> AND IT'S ONLY BEEN LIKE TEN MINUTES.
09:05:05 WHAT IS THE PLEASURE OF COUNCIL?
09:05:08 IF YOU MAKE A MOTION WE CAN GO HOME.
09:05:17 >>MARTIN SHELBY: IF THERE IS NO MOTION, THEN WE WAIT.
09:05:21 >>GUIDO MANISCALCO: I AM GOING TO PASS THE GAVEL AND
09:05:23 MAKE THE MOTION MYSELF.
09:05:29 HUBERT COUNCILMAN CITRO.
09:05:31 >>JOSEPH CITRO: YES, COUNCILMAN MANISCALCO, YOU WISH TO
09:05:35 MAKE A MOTION?
09:05:36 >>GUIDO MANISCALCO: YES, SIR.
09:05:37 ON ITEM NUMBER 9, FILE DE 1-20-106-C, I WOULD LIKE TO
09:05:43 MAKE A MOTION THAT WE OVERTURN THE DECISION OF THE ZONING
09:05:48 ADMINISTRATOR AND APPROVE THE APPLICANT'S REQUEST BY THE
09:05:54 PRESENTATION, BY THE GENTLEMAN, AND THE DOCUMENTS AND
09:05:59 EVERYTHING THAT HE STATED.
09:06:01 I BELIEVE THERE IS COMPETENT, SUBSTANTIAL EVIDENCE IN
09:06:04 SUPPORTING HIS CLAIM AND REASON TO APPROVE THIS REQUEST.
09:06:08 THEREFORE OVERTURNING THE ZONING ADMINISTRATOR'S REQUEST.
09:06:12 >>JOSEPH CITRO: DO I HAVE A SECOND TO COUNCILMAN
09:06:16 MANISCALCO'S MOTION?
09:06:19 >>ORLANDO GUDES: SECOND.
09:06:20 >>JOSEPH CITRO: THERE'S BEEN A MOTION MADE BY COUNCILMAN
09:06:23 MANISCALCO.
09:06:24 SECONDED BY COUNCILMAN GUDES.
09:06:26 IS THERE ANY DISCUSSION?
09:06:29 HEARING NONE, ROLL CALL VOTE, PLEASE.
09:06:31 >>LUIS VIERA: YES.
09:06:34 >>ORLANDO GUDES: YES.
09:06:36 >>JOHN DINGFELDER: YES.
09:06:45 >>GUIDO MANISCALCO: YES.
09:06:46 >>BILL CARLSON: YES.
09:06:49 >>JOSEPH CITRO: YES.
09:06:51 >>CHARLIE MIRANDA: NO.
09:06:54 >>THE CLERK: MOTION CARRIED WITH MIRANDA VOTING NO.
09:06:57 >>GUIDO MANISCALCO: ALL RIGHT.
09:07:00 THANK YOU VERY MUCH.
09:07:01 SIR, YOUR APPLICATION WAS APPROVED.
09:07:03 >> THANK YOU VERY MUCH.
09:07:05 I APPRECIATE ALL YOUR WORK AND THE TIME DEVOTED TO THESE
09:07:09 ISSUES.
09:07:10 >>GUIDO MANISCALCO: YES, SIR.
09:07:11 THANK YOU VERY MUCH.
09:07:11 HAVE A GOOD EVENING.
09:07:12 >> SAME TO YOU.
09:07:15 >>GUIDO MANISCALCO: WE HAVE DONE NEW BUSINESS.
09:07:16 SO THERE'S NOTHING LEFT.
09:07:19 >>MARTIN SHELBY: MR. CHAIRMAN, ARE YOU ON VIDEO?
09:07:21 I AM JUST CURIOUS.
09:07:22 I THINK I MIGHT HAVE LOST YOU.
09:07:24 >>GUIDO MANISCALCO: CAN YOU SEE ME NOW?
09:07:27 OKAY.
09:07:28 THAT CONCLUDE THE AGENDA FOR THIS EVENING.
09:07:30 WE HAVE DONE NEW BUSINESS.
09:07:32 CAN I GET A MOTION TO RECEIVE AND FILE ALL DOCUMENTS?
09:07:34 >>CHARLIE MIRANDA: MOVE TO RECEIVE AND FILE.
09:07:36 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN MIRANDA.
09:07:38 SECOND BY COUNCILMAN GUDES.
09:07:39 ANY OBJECTION?
09:07:40 HEARING NONE, BY UNANIMOUS CONSENT, WITHOUT ANY
09:07:42 OBJECTION, WE HAVE RECEIVED AND FILED ALL DOCUMENTS.
09:07:46 WE ARE ADJOURNED.
09:07:47 THANK YOU.
09:07:48 HAVE A GOOD EVENING.
09:07:49 GO LIGHTNING!
09:07:52 (MEETING ADJOURNED)
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