TAMPA CITY COUNCIL
THURSDAY, FEBRUARY 25, 2021
5:01 P.M.
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17:04:46 >>GUIDO MANISCALCO: HELLO, EVERYONE, WELCOME TO OUR
17:04:49 TAMPA CITY COUNCIL EVENING MEETING.
17:04:50 ROLL CALL PLEASE.
17:04:51 >>LUIS VIERA: HERE.
17:04:54 >>ORLANDO GUDES: HERE.
17:04:56 >>CLERK: CARLSON.
17:04:58 DINGFELDER.
17:05:00 >>JOSEPH CITRO: HERE.
17:05:01 >>CHARLIE MIRANDA: HERE.
17:05:02 >>GUIDO MANISCALCO: HERE.
17:05:06 >>CLERK: THERE IS A PHYSICAL QUORUM PRESENT.
17:05:08 >>GUIDO MANISCALCO: MR. SHELBY, DO YOU HAVE SOMETHING
17:05:11 TO READ?
17:05:15 >>MARTIN SHELBY: I CERTAINLY DO, MARTIN SHELBY, CITY
17:05:16 COUNCIL ATTORNEY.
17:05:25 TONIGHT'S MEETING, FEBRUARY 25, 2021, IS A MEETING
17:05:29 EVENING HYBRID FOR QUASI-JUDICIAL AND OTHER LAND USE
17:05:33 RELATED MATTERS OF THE TAMPA CITY COUNCIL.
17:05:38 AND CONDUCTED LIVE WITH AN IN-PERSON QUORUM PRESENT IN
17:05:39 THE CHAMBERS.
17:05:42 MEMBERS OF THE PUBLIC ARE INVITED TO PARTICIPATE
17:05:45 VIRTUALLY THROUGH VIDEO TELECONFERENCE REFERRING TO
17:05:49 FLORIDA STATUTES AND RULES AS COMMUNICATION MEDIA
17:05:51 TECHNOLOGY OR CMT.
17:05:54 THESE MEETINGS ARE HELD IN ACCORDANCE WITH THE
17:05:59 EMERGENCY RULES OF PROCEDURE 2020-225 AS RESOLUTION
17:06:01 2020-490.
17:06:04 THE PUBLIC AND CITIZENS OF THE CITY OF TAMPA ARE ABLE
17:06:07 TO WATCH, LISTEN OR VIEW THIS MEETING ON CABLE TV
17:06:12 SPECTRUM CHANNEL 640, FRONTIER CHANNEL 15, AND ON THE
17:06:19 INTERNET AT TAMPA.GOV/LIVESTREAM.
17:06:24 THE PUBLIC IS ABLE TO PARTICIPATE IN HYBRID PUBLIC
17:06:28 HEARINGS WRITE GOING TO BE ON TONIGHT'S AGENDA BY
17:06:33 PREREGISTERING REMOTELY THROUGH CMT, AND THE WAY TO DO
17:06:36 THAT IS THROUGH THE DIRECTIONS FOUND AT
17:06:42 TAMPA.GOV/QUASI.
17:06:46 NOW IN ORDER TO PARTICIPATE VIA CMT, YOU MUST HAVE
17:06:49 ACCESS TO A COMMUNICATIONS MEDIA DEVICE SUCH AS A
17:06:53 TABLET OR COMPUTER EQUIPPED WITH A CAMERA AND A
17:06:55 MICROPHONE AND THAT WILL ENABLE TO YOU BE SEEN BY VIDEO
17:06:58 AND HEARD.
17:07:01 CELL PHONES AND SMARTPHONES ARE NOT COMPATIBLE AS THEY
17:07:04 WILL NOT ALLOW TO YOU SHARE YOUR CAMERA WHEN CONNECTED.
17:07:09 NOW IF YOU ARE UNABLE TO REGISTER REMOTELY BY THE
17:07:12 DEADLINE, DO YOU HAVE THE OPPORTUNITY TO PARTICIPATE IN
17:07:13 PERSON.
17:07:16 AND THE WAY TO DO THAT IS TO UTILIZE CMT FACILITIES
17:07:19 THAT ARE MADE AVAILABILITY TO PUBLIC BY THE CITY OF
17:07:23 TAMPA HERE AT OLD CITY HALL, 315 EAST KENNEDY BOULEVARD
17:07:25 ON THE SECOND FLOOR.
17:07:29 PLEASE NOTE THAT THE USE OF MASKS AND SOCIAL DISTANCING
17:07:30 INSIDE THE BUILDING ARE REQUIRED.
17:07:34 THE PUBLIC HAVE HAD AN OPPORTUNITY TO COMMENT VIA
17:07:35 E-MAIL.
17:07:38 AND WRITTEN COMMENTS RECEIVED BY MAIL OR E-MAIL HAVE
17:07:40 BEEN DISTRIBUTED TO THE PUBLIC AND WILL ALSO BE
17:07:43 INCLUDED IN THE PERMANENT RECORD OF THE MEETING.
17:07:47 ALL PUBLIC COMMENTS, TIMELY RECEIVED BY MAIL, E-MAIL OR
17:07:52 VIA CMT WILL BE AFFORDED EQUAL CONSIDERATION AS IF THE
17:07:55 PUBLIC COMMENTS WERE MADE IN PERSON.
17:07:58 NOW COUNCIL, ONE MORE FINAL THING THAT I JUST WANTED TO
17:08:06 PUT ON THE AGENDA AND THAT REGISTERED APPLICANTS, IF
17:08:10 THEY USE REMOTE SHARING THEIR SCREEN OR THEY USE THE
17:08:14 OVERHEAD PROJECTOR DOWN ON THE SECOND FLOOR AND THEY
17:08:16 WANT WHAT THEY ARE SHOWING TO BE PART OF THE CLERK'S
17:08:23 FILE, THEY SHOULD SUBMIT THOSE VIA E-MAIL AT --
17:08:27 ACTUALLY SHOULD BE -- SAYS CITY QUASI
17:08:34 COMMISSIONS@TAMPA.GOV AND WE WILL SEE THAT --
17:08:40 CITYQUASICOMMISSIONS@TAMPA.GOV.
17:08:44 AND THOSE PEOPLE PARTICIPATING ON THE PLATFORM, ON THE
17:08:50 GO TO WEBINAR PLATFORM, PLEASE BE ADVISED.
17:08:51 DO NOT CHAT.
17:08:54 DO NOT USE THE CHAT BOX DURING THE HEARINGS, DURING
17:08:57 TONIGHT'S MEETING UNLESS IT IS SOLELY FOR TECHNICAL
17:09:00 DIFFICULTIES BUT NOTHING SUBSTANTIVE, AND PLEASE DO NOT
17:09:03 COMMUNICATE ANYTHING EXCEPT DURING THE PUBLIC HEARING
17:09:06 IN THE PRESENCE OF THE PUBLIC.
17:09:06 THANK YOU.
17:09:08 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
17:09:11 MAY I HAVE A MOTION FOR THE 5:01.
17:09:14 MOTION BY COUNCILMAN CITRO.
17:09:18 SECOND BY COUNCILMAN GUDES.
17:09:21 >>LUIS VIERA: IF I MAY, MR. CHAIR.
17:09:24 I WANT TO THANK COUNCILMEMBERS WHEN I LEAVE, YOU FOUR
17:09:25 HAVE TO STAY THERE.
17:09:30 USUALLY MY MOTHER PICKS UP MY SON AND IN FEBRUARY SHE
17:09:33 HAS AN APPOINTMENT FOR MY OLDER BROTHER THAT PRECLUDES
17:09:34 HER FROM DOING THAT.
17:09:36 SO THANK YOU VERY MUCH.
17:09:37 >>GUIDO MANISCALCO: YES, SIR.
17:09:39 ITEM NUMBER 1.
17:09:41 >>MARTIN SHELBY: MR. CHAIRMAN, I WANT TO SAY SOMETHING
17:09:42 FOR THE RECORD.
17:09:45 I HAVE BEEN NOTIFIED BY THE CLERK THAT THE CORRECT
17:09:52 E-MAIL IS COUNCILQUASISUBMISSIONS@TAMPA.GOV.
17:09:55 ONE WORD.
17:09:57 COUNCIL QUASI SUBMISSIONS.
17:09:59 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:10:02 MR. COLLINS.
17:10:06 >>DANNY COLLINS: COMMISSIONER, MY SCREEN, PLEASE.
17:10:08 >>GUIDO MANISCALCO: ACTUALLY YOU KNOW CAN WE -- WE
17:10:11 WERE THINKING OF HOW TO SPEED UP THE PROCESS SINCE THEY
17:10:16 ARE ALL THE SAME THROUGH NUMBER SIX.
17:10:18 DO ALL YOUR PRESENTATIONS AND VOTE ALL AT ONCE
17:10:19 AFTERWARDS?
17:10:22 >>DANNY COLLINS: OKAY, THAT WORKS FOR ME.
17:10:24 >>GUIDO MANISCALCO: GO AHEAD, SIR.
17:10:28 >>CATE WELLS: MR. CHAIRMAN, THIS IS CATE WELLS.
17:10:30 DID WE OPEN THE HEARINGS?
17:10:31 >>GUIDO MANISCALCO: WE DID.
17:10:35 WE HAD A MOTION AND A SECOND AND TOOK A VOTE.
17:10:36 >>CATE WELLS: MY APOLOGIES.
17:10:38 >>DANNY COLLINS: THIS IS DANNY COLLINS WITH YOUR
17:10:39 PLANNING COMMISSION STAFF.
17:10:42 THE FOLLOWING PLAN AMENDMENTS ARE RELATED TO THE PARK
17:10:46 AMENDMENTS.
17:10:53 THEY ARE FILE NO. TA/CPA 20-25, 20-29 AND 20-31.
17:10:57 HEAR IS THE LOCATIONAL MAPS OF THE SIX SITES SCATTERED
17:10:58 THROUGHOUT THE CITY.
17:11:01 I WILL BE LOOKING AT CLIFTON "CAL" DICKSON TENNIS
17:11:08 COMPLEX IN SOUTH COMPANY, FREMONT LINEAR PARK, SEMINOLE
17:11:14 HEIGHTS CENTER, LORETTA INGRAHAM PARK, AND DOWNTOWN TO
17:11:18 LYKES GASLIGHT SQUARE PARK AND OVER DOWN SOUTH PALMA
17:11:20 CEIA LIONS PARK.
17:11:20 QUICK BACKGROUND.
17:11:25 THERE ARE A PUBLICLY INITIATED REQUEST INITIATED BY THE
17:11:28 TAMPA CITY COUNCIL TO RECOGNIZE EXISTING CITY OF TAMPA
17:11:29 PARKS.
17:11:32 THE PARKS ARE LOCATED ON THE DEDICATED PARK LIST.
17:11:34 ALL SITES WILL BE RECOGNIZED THROUGH THE
17:11:39 RECREATION/OPEN SPACE LAND USE DESIGNATION.
17:11:43 THE PLANNING COMMISSION STAFF AND THE PLANNING
17:11:46 COMMISSION REVIEWED THE REQUEST AND FOUND IT CONSISTENT
17:11:51 WITH THE RECREATION/OPEN SPACE POLICY.
17:11:55 THE POLICIES ARE LISTED BELOW.
17:12:02 OUR FIRST PARK IS CLIFTON "CAL" DICKSON TENNIS COMPLEX,
17:12:06 FILE NO. TA/CPA 20-25 IN THE CITY OF TAMPA PLANNING
17:12:12 DISTRICT AND THE NEIGHBORHOOD.
17:12:14 THE SUBJECT SITE AND SURROUNDING PROPERTIES, YOU WILL
17:12:17 SEE ON THE NORTHEAST CORNER OF SOUTH PARK AVENUE AND
17:12:20 NORTH WATROUS AVENUE IN THE SURROUNDING AREA IS
17:12:23 PREDOMINANTLY RESIDENTIAL.
17:12:28 THIS IS LOOKING WEST OF THE SUBJECT SITE FROM SOUTH
17:12:29 GRADY AVENUE.
17:12:31 LOOKING NORTH FROM WEST WATROUS AVENUE.
17:12:35 THIS IS LOOKING AT THE ADJACENT PARCEL EAST OF THE
17:12:37 SUBJECT SITE FROM WEST WASHINGTON AVENUE.
17:12:44 CURRENTLY THE SUBJECT SITE IS RESIDENTIAL-10 FUTURE
17:12:46 LAND USE DESIGNATION.
17:12:49 AS PROPOSED, THE SITE WOULD BE RECOGNIZED FOR
17:12:54 RECREATION ONLY SPACE CATEGORY SHOWN IN THIS GREEN
17:12:57 COLOR.
17:13:00 THE REQUEST WOULD REMOVE THE POTENTIAL OF 19 DWELLING
17:13:04 UNITS OR 82,764 SQUARE FEET OF NONRESIDENTIAL
17:13:07 DEVELOPMENT.
17:13:10 PLANNING COMMISSION REVIEWED THE REQUEST AND RECOMMENDS
17:13:14 THAT THE PROPOSED MAP AMENDMENT BE CONSISTENT WITH THE
17:13:20 GOALS, OBJECTIVES, AND POLICIES OF THE IMAGINE 2040
17:13:21 TAMPA COMPREHENSIVE PLAN.
17:13:23 YOU WANT ME TO PROCEED TO THE NEXT ONE?
17:13:24 >>GUIDO MANISCALCO: ANY QUESTIONS?
17:13:26 ALL RIGHT, GO AHEAD, SIR.
17:13:31 >>DANNY COLLINS: NEXT PARK FILE NO. TA/CPA 20-26,
17:13:36 FREMONT LINEAR PARK AND MORE SPECIFICALLY IN THE OLD
17:13:37 WEST TAMPA NEIGHBORHOOD.
17:13:41 HERE IS A MAP OF THE SURROUNDING SITES AND PROPERTIES.
17:13:46 THE PARK CONSISTS OF FIVE PARCELS SCATTERED ALONG NORTH
17:13:48 FREMONT AVENUE.
17:13:52 THIS IS LOOKING AT THE SUBJECT SITE FROM NORTH FREMONT
17:13:52 AVENUE.
17:13:56 THIS IS LOOKING EAST ALONG WEST PINE STREET.
17:13:59 SUBJECT SITE WILL BE ON OUR LEFT-HAND SIDE.
17:14:06 THIS IS LOOKING SOUTH ACROSS WEST PINE STREET.
17:14:10 THIS IS THE ADOPTED FUTURE LAND USE MAP.
17:14:14 ALL PARCELS ARE CURRENTLY WITHIN THAT RESIDENTIAL 35
17:14:17 LAND USE DESIGNATION.
17:14:20 THE PROPOSED FUTURE LAND USE MAP SHOWING THE SUBJECT
17:14:27 SITE UNDER THE RECREATIONAL/OPEN SPACE CATEGORY.
17:14:31 THE REQUEST WOULD REMOVE THE 22 DWELLING UNITS OR
17:14:35 27,442 SQUARE FEET OF NONRESIDENTIAL DEVELOPMENT FROM
17:14:38 THE SUBJECT SITES.
17:14:41 THE PLANNING COMMISSION RECOMMENDS THAT THE PROPOSED
17:14:47 MAP AMENDMENT FILE NO. TA/CPA 20-26 BE FOUND CONSISTENT
17:14:49 WITH THE GOALS AND POLICIES OF THE IMAGINE 2040 TAMPA
17:14:50 COMPREHENSIVE PLAN.
17:14:55 DO YOU HAVE ANY QUESTIONS?
17:14:58 >>GUIDO MANISCALCO: NO, GO TO THE NEXT ONE.
17:15:00 >>DANNY COLLINS: THE NEXT PARK IS FILE NO. TA/CPA
17:15:09 20-27, SEMINOLE HEIGHTS GARDEN CENTER IN THE OLD
17:15:10 SEMINOLE HEIGHTS.
17:15:13 HERE IS AN AERIAL MAP OF THE SURROUNDING PROPERTIES ON
17:15:16 THE WEST SIDE OF NORTH CENTRAL AVENUE AND ON THE NORTH
17:15:20 SIDE EAST HENRY AVENUE.
17:15:23 THIS IS LOOKING SOUTH OF THE SUBJECT SITE FROM EAST
17:15:24 CLIFTON AVENUE.
17:15:28 THIS IS LOOKING SOUTH ON NORTH CENTRAL AVENUE.
17:15:32 THE SUBJECT SITE WILL BE ON OUR FRAME TO THE RIGHT.
17:15:34 THIS IS LOOKING NORTH OF THE SUBJECT SITE FROM EAST
17:15:37 HENRY AVENUE.
17:15:40 CURRENTLY THE SUBJECT SITE IS UNDER THE RESIDENTIAL-10
17:15:45 LAND USE SURROUNDED BY ALL SIDES.
17:15:49 THIS IS THE PROPOSED LAND USE SITE RECOGNIZING UNDER
17:15:55 THE RECREATIONAL/OPEN SPACE CATEGORY.
17:15:59 THE REQUEST TO REMOVE THE POTENTIAL OF 27 RESIDENTIAL
17:16:06 UNITS OR JUST UNDER 119,000 SQUARE FEET OF RESIDENTIAL
17:16:08 FROM THE SUBJECT SITE.
17:16:09 THE PLANNING COMMISSION RECOMMENDS THAT THE PROPOSED
17:16:15 MAP AMENDMENT FILE NO. TA/CPA 20-27 BE FOUND CONSISTENT
17:16:16 WITH THE CITY OF TAMPA COMPREHENSIVE PLAN.
17:16:17 DO YOU HAVE ANY QUESTIONS?
17:16:19 >>GUIDO MANISCALCO: ANY QUESTIONS?
17:16:21 ALL RIGHT, NEXT ONE.
17:16:24 >>DANNY COLLINS: OUR NEXT PARK IS FILE NO. TA/CPA
17:16:28 20-28 LORETTA INGRAHAM PARK IN THE WEST SHORE PLANNING
17:16:29 DISTRICT.
17:16:32 MORE SPECIFICALLY CARVER CITY, LINCOLN GARDENS
17:16:33 NEIGHBORHOOD.
17:16:36 AN AERIAL MATCH THE SUBJECT SITE AND THE SURROUNDING
17:16:42 PROPERTY ON THE WEST SIDE OF WEST PALACE AVENUE AND THE
17:16:45 WEST SIDE OF NORTH GREEN STREET.
17:16:48 SURROUNDED BY RESIDENTIAL.
17:16:53 THIS IS LOOKING AT THE SUBJECT SITE.
17:16:57 THIS IS LOOKING SOUTH ALONG NORTH HUBERT AVENUE.
17:17:00 THE ENTRANCE OF THE PARK IS TO THE LEFT AND OVER ON
17:17:01 THIS SIDE.
17:17:04 THIS IS LOOKING NORTH ALONG NORTH HUBERT AVENUE.
17:17:09 THE SUBJECT SITE IS OUT OF FRAME TO THE RIGHT.
17:17:15 THIS IS CURRENTLY UNDER THE -- CURRENTLY UNDER THE
17:17:19 RESIDENTIAL-10 LAND USE DESIGNATION.
17:17:21 BOX TO THE NORTH AND TO THE EAST OF THE SUBJECT SITES
17:17:27 RECOGNIZED AS REGIONAL MIXED USE-100 DESIGNATION.
17:17:30 THIS IS THE PROPOSED FUTURE LAND USE MAP SHOWING THE
17:17:33 SUBJECT SITE UNDER THE RECREATIONAL/OPEN SPACE
17:17:34 CATEGORY.
17:17:37 THIS REQUEST TO REMOVE THE POTENTIAL 35 DWELLING UNITS
17:17:41 FROM THE SUBJECT SITE OR JUST OVER 54,000 SQUARE FEET
17:17:45 OF NONRESIDENTIAL DEVELOPMENT.
17:17:47 PLANNING COMMISSION RECOMMENDS THAT THE PROPOSED MAP
17:17:50 AMENDMENT FILE NO. TA/CPA 20-28 BE FOUND CONSISTENT
17:17:53 WITH THE CITY OF TAMPA COMPREHENSIVE PLAN.
17:17:54 ANY QUESTIONS?
17:17:57 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS?
17:17:58 NOPE.
17:18:00 ALL RIGHT, NEXT ONE.
17:18:03 >>DANNY COLLINS: THE NEXT PARK IS FILE NO. TA/CPA
17:18:07 20-29, LYKES GASLIGHT SQUARE PARK IN THE CENTRAL TAMPA
17:18:09 PLANNING DISTRICT.
17:18:13 WITHIN THE CENTRAL BUSINESS DISTRICT AND DOWNTOWN RIVER
17:18:17 ARTS NEIGHBORHOOD.
17:18:19 THIS IS AN AERIAL MAP OF THE SUBJECT SITE AND
17:18:21 SURROUNDING PROPERTIES.
17:18:25 IT IS ON THE NORTH SIDE OF EAST KENNEDY AND THE EAST
17:18:30 SIDE OF EAST MADISON EAST OF NORTH TAMPA STREET.
17:18:35 THIS IS STANDING WITHIN THE PARK LOOKING NORTH.
17:18:38 THIS IS LOOKING NORTHWEST FROM THE INTERSECTION OF
17:18:42 NORTH FRANKLIN AVENUE AND WEST KENNEDY BOULEVARD.
17:18:49 THIS IS LOOKING AT SUBJECT SITE FROM WEST KENNEDY
17:18:51 BOULEVARD.
17:18:55 THIS IS THE ADOPTED FUTURE LAND USE MAP CURRENTLY UNDER
17:18:59 THE CENTRAL BUSINESS DISTRICT LAND USE DESIGNATION.
17:19:03 THE PROPOSED FUTURE LAND USE MAP RECOGNIZING THE SITE
17:19:07 AS RECREATIONAL/OPEN SPACE CATEGORY.
17:19:12 AND THE SITE IS CURRENTLY WITHIN THE CDB, THE MAXIMUMS
17:19:16 ARE -- CANNOT BE DEFINED AS PROPOSED.
17:19:23 THE SUBJECT SITE WOULD NOT BE POTENTIAL RESIDENTIAL,
17:19:25 NONRESIDENTIAL ON THE SUBJECT SITE.
17:19:28 THE PLANNING COMMISSION RECOMMENDS THAT THE PROPOSED
17:19:34 MAP AMENDMENT FILE NO. TA/CPA 20-29 BE FOUND CONSISTENT
17:19:35 OF THE TAMPA COMPREHENSIVE PLAN.
17:19:36 DO WE HAVE ANY QUESTIONS?
17:19:38 >>GUIDO MANISCALCO: ANY QUESTIONS?
17:19:38 NO.
17:19:39 ALL RIGHT.
17:19:42 >>DANNY COLLINS: OUR LAST PARK IS FILE NO. TA/CPA
17:19:44 20-31.
17:19:46 PALMA CEIA LIONS PARK IN THE SOUTH TAMPA PLANNING
17:19:54 DISTRICT IN THE COMMUNITY.
17:19:55 YOU SEE THE MAP.
17:19:58 AND THE SURROUNDING AREA IS PRIMARILY RESIDENTIAL IN
17:19:59 CHARACTER.
17:20:03 THIS IS LOOKING AT THE SUBJECT SITE FROM WEST PEARL
17:20:04 AVENUE.
17:20:06 STANDING THE PARK AND LOOKING NORTH.
17:20:10 THIS IS IN THE PARK LOOKING EAST.
17:20:13 CURRENTLY THE MAJORITY OF THE SITES CURRENTLY HE UNDER
17:20:16 THIS RECREATION/OPEN SPACE A SLIVER ON THE NORTH SIDE
17:20:19 OF THE PROPERTY IS RECOGNIZED UNDER THE RESIDENTIAL-10
17:20:21 DESIGNATION.
17:20:23 YOU WILL SEE IT IS PREDOMINANTLY SURROUNDED BY
17:20:25 RESIDENTIAL-10 ON ALL SIDES.
17:20:28 THIS IS THE PROPOSED FUTURE LAND USE MAP RECOGNIZING
17:20:31 THE ENTIRE SITE UNDER THE RECREATION/OPEN SPACE
17:20:34 CATEGORY.
17:20:37 THIS WOULD -- THIS REQUEST TO REMOVE THE POTENTIAL OF
17:20:41 ONE DWELLING UNIT OR OVER 2700 SQUARE FEET OF
17:20:45 NONRESIDENTIAL DEVELOPMENT ON THE SUBJECT SITE.
17:20:48 AND PLANNING COMMISSION RECOMMENDS THAT THE PROPOSED
17:20:52 MAP AMENDMENT FILE NO. TA/CPA 20-31 BE FOUND CONSISTENT
17:20:55 WITH THE CITY OF TAMPA COMPREHENSIVE PLAN.
17:20:58 AND THIS CONCLUDES ALL THE PARKS.
17:20:59 >>GUIDO MANISCALCO: ANY QUESTIONS?
17:21:07 ANYBODY FOR PUBLIC COMMENT FOR ITEMS NUMBER 1-6?
17:21:09 >>CLERK: NO ONE HAS REGISTERED TO SPEAK ON THESE
17:21:09 ITEMS.
17:21:11 >>GUIDO MANISCALCO: ANYONE ON THE SECOND FLOOR TO
17:21:17 SPEAK IN PERSON FOR ITEMS 1-6?
17:21:19 >>AILEEN ROSARIO: AILEEN ROSARIO.
17:21:23 AND NO ONE IS HERE TO SPEAK ON THESE ITEMS.
17:21:24 >>GUIDO MANISCALCO: A MOTION AND SECOND.
17:21:26 ALL IN FAVOR.
17:21:26 AYE.
17:21:29 MR. SHELBY, DO WE HAVE TO DO A VOTE ON EACH AND EVERY
17:21:33 ONE OR TAKE A VOTE ON ALL OF THEM.
17:21:36 >>MARTIN SHELBY: EACH ONE HAS TO BE READ BY TITLE ONLY
17:21:39 WITH A ROLL CALL VOTE.
17:21:42 >>GUIDO MANISCALCO: COUNCILMAN CARLSON, WOULD YOU MIND
17:21:47 READING ITEM NUMBER 1.
17:21:49 >>BILL CARLSON: YES, SIR.
17:21:55 I WOULD LIKE TO MOVE FILE NO. TA/CPA 20-25 ORDINANCE
17:21:57 BEING PRESENTED FOR FIRST READING CONSIDERATION,
17:22:01 ORDINANCE AMENDING THE IMAGINE 2040 COMPREHENSIVE PLAN
17:22:06 FUTURE LAND USE ON THE PROPERTY AT 4011 WEST WATROUS
17:22:09 AVENUE OTHERWISE KNOWN AS CLIFTON "CAL" DICKSON TENNIS
17:22:16 COMPLEX FROM RESIDENTIAL-10, R-10, TO RECREATIONAL/OPEN
17:22:22 SPACE, R/OS, PROVIDING FOR SEVERABILITY AND PROVIDING
17:22:23 AN EFFECTIVE DATE.
17:22:24 >>JOSEPH CITRO: YES.
17:22:26 >>BILL CARLSON: YES.
17:22:28 >>ORLANDO GUDES: YES.
17:22:31 >>CHARLIE MIRANDA: YES.
17:22:33 >>LUIS VIERA: BEFORE I SAY YES -- I WANT TO GIVE A
17:22:33 STATEMENT.
17:22:34 I AM JOKING, YES.
17:22:35 >>GUIDO MANISCALCO: YES.
17:22:38 >>CLERK: MOTION CARRIES WITH DINGFELDER BEING ABSENT.
17:22:42 SECOND READING AND ADOPTION WILL BE HELD MARCH 18 AT
17:22:43 9:30 AM.
17:22:48 >>GUIDO MANISCALCO: ITEM NUMBER 2, COUNCILMAN GUDES.
17:22:50 >>ORLANDO GUDES: FILE NO. TA/CPA 20-26.
17:22:54 ORDINANCE FOR FIRST READING CONSIDERATION, AN ORDINANCE
17:22:57 AMENDING THE IMAGINE 2040 TAMPA COMPREHENSIVE PLAN
17:23:00 FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP FOR THE
17:23:05 PROPERTY 1744 AND 1902 WEST WALNUT STREET AND 1748 AND
17:23:08 1902 WEST CHERRY STREET OTHERWISE KNOWN AS FREMONT
17:23:13 LINEAR PARK FOR RESIDENTIAL 35 TO RECREATIONAL/OPEN
17:23:18 SPACE PROVIDING FOR REPEAL OF ALL ORDINANCES IN
17:23:21 CONFLICT, PROVIDING SEVERABILITY, PROVIDING AN
17:23:21 EFFECTIVE DATE.
17:23:23 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN GUDES AND
17:23:25 SECOND FROM CITRO.
17:23:26 >>BILL CARLSON: YES.
17:23:29 >>JOSEPH CITRO: YES.
17:23:31 >>CHARLIE MIRANDA: YES.
17:23:33 >>ORLANDO GUDES: YES.
17:23:35 >>LUIS VIERA: YES.
17:23:35 >>GUIDO MANISCALCO: YES.
17:23:39 >>CLERK: MOTION CARRIES WITH DINGFELDER BEING ABSENT.
17:23:45 MARCH 18 AT 9:30 A.M.
17:23:48 >>JOSEPH CITRO: FILE NO. TA/CPA 20-27, AN ORDINANCE
17:23:52 BEING PRESENTED FOR FIRST READING, ORDINANCE AMENDING
17:23:56 THE IMAGINE 2040, TAMPA COMPREHENSIVE PLAN FUTURE LAND
17:23:59 USE ELEMENT, FUTURE LAND USE MAP FOR THE PROPERTY
17:24:05 LOCATED AT 5800 NORTH CENTRAL AVENUE OTHERWISE KNOWN AS
17:24:08 SEMINOLE HEIGHTS GARDEN CENTER FROM RESIDENTIAL-10,
17:24:15 R-10, TO RECREATIONAL/OPEN SPACE, R/OS, PROVIDING FOR
17:24:19 REPEAL OF ALL ORDINANCES AND CONFLICT, PROVIDING FOR
17:24:23 SEVERABILITY, PROVIDING FOR EFFECTIVE DATE.
17:24:28 >>LUIS VIERA: YES.
17:24:29 >>CHARLIE MIRANDA: YES.
17:24:32 >>ORLANDO GUDES: YES.
17:24:35 >>CLERK: DINGFELDER.
17:24:36 >>BILL CARLSON: YES.
17:24:37 >>JOSEPH CITRO: YES.
17:24:38 >>GUIDO MANISCALCO: YES.
17:24:42 >>CLERK: MOTION CARRIES WITH DINGFELDER BEING ABSENT.
17:24:47 SECOND READING MARCH 18 AT 9:30.
17:24:53 >>LUIS VIERA: I HEARBY REMOVE ORDINANCE AMENDING THE
17:24:57 IMAGINE 2040 TAMPA COMPREHENSIVE PLAN FUTURE LAND USE
17:25:01 AMOUNT, FUTURE LAND USE MAP PROPERTY LOCATED 1611 NORTH
17:25:05 HUBERT AVENUE TO LORETTA INGRAHAM PARK FOR
17:25:09 RESIDENTIAL-10 TO RECREATIONAL/OPEN SPACE R-OS,
17:25:12 PROVIDING FOR REPEAL OF ALL ORDINANCES AND CONFLICT,
17:25:12 PROVIDING FOR SEVERABILITY, PROVIDING FOR EFFECTIVE
17:25:12 DATE.
17:25:14 >>LUIS VIERA: MOTION.
17:25:17 >>JOSEPH CITRO: SECOND.
17:25:17 >>GUIDO MANISCALCO: RECORD YOUR VOTE.
17:25:17 >>BILL CARLSON: YES.
17:25:18 >>ORLANDO GUDES: YES.
17:25:19 >>JOSEPH CITRO: YES.
17:25:20 >>LUIS VIERA: YES.
17:25:21 >>CHARLIE MIRANDA: YES.
17:25:23 >>GUIDO MANISCALCO: YES.
17:25:26 >>CLERK: MOTION CARRIES WITH DINGFELDER BEING ABSENT.
17:25:31 SECOND READING AND ADOPTION MARCH 18 AT 9:30.
17:25:35 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA NUMBER 5.
17:25:43 >>CHARLIE MIRANDA: FILE NO. TA/CPA 20-29, AN ORDINANCE
17:25:47 PRESENTING FOR FIRST READING CONSIDERATION, FOR THE
17:25:50 IMAGINE 2040 TAMPA COMPREHENSIVE PLAN, FUTURE LAND USE
17:25:54 ELEMENT, FUTURE LAND USE MAP FOR THE PROPERTY 400 N.
17:25:56 FRANKLIN STREET OTHERWISE KNOWN AS LYKES GASLIGHT
17:26:01 SQUARE PARK FROM CENTRAL BUSINESS CDB TO
17:26:05 RECREATIONAL/OPEN SPACE, R/OS, PROVIDING FOR REPEAL OF
17:26:11 ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY.
17:26:13 >>GUIDO MANISCALCO: A MOTION BY COUNCILMAN MIRANDA AND
17:26:18 SECOND BY COUNCILMAN CITRO.
17:26:19 >>LUIS VIERA: YES.
17:26:21 >>ORLANDO GUDES: YES.
17:26:21 >>BILL CARSON: YES.
17:26:21 >>JOSEPH CITRO: YES.
17:26:21 >>CHARLIE MIRANDA: YES.
17:26:25 >>CLERK: DINGFELDER.
17:26:27 >>GUIDO MANISCALCO: YES.
17:26:30 >>CLERK: MOTION CARRIED WITH DINGFELDER BEING ABSENT.
17:26:33 >>GUIDO MANISCALCO: COUNCILMAN CARLSON.
17:26:36 WOULD YOU MIND READING ITEM NUMBER 6?
17:26:41 >>BILL CARLSON: LIKE TO MOVE FILE NO. TA/CPA 20-31
17:26:43 ORDINANCE BEING PRESENTED FOR FIRST READING
17:26:45 CONSIDERATION.
17:26:49 ORDINANCE AMENDING THE IMAGINE 2040 TAMPA COMPREHENSIVE
17:26:54 PLAN FUTURE USE MAP FOR 4525 WEST PEARL AVENUE
17:27:01 OTHERWISE AS PALMA CEIA LIONS PARK FOR RESIDENTIAL-10,
17:27:06 R-10, RECREATIONAL/OPEN SPACE, R/OS, PROVIDING REPEAL
17:27:09 OF ALL ORDINANCES IN CONFLICT.
17:27:14 >>GUIDO MANISCALCO: ROLL CALL VOTE.
17:27:15 >>ORLANDO GUDES: YES.
17:27:15 >>JOSEPH CITRO: YES
17:27:16 >>CHARLIE MIRANDA: YES.
17:27:16 >>BILL CARSON: YES.
17:27:17 >>LUIS VIERA: YES.
17:27:19 >>GUIDO MANISCALCO: YES.
17:27:23 >>CLERK: MOTION CARRIED WITH DINGFELDER BEING ABSENT.
17:27:26 SECOND READING, MARCH 18 AT 9:30.
17:27:28 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:27:34 A MOTION TO OPEN ITEM NUMBER 7 ALL IN FAVOR.
17:27:38 WAIT, ACTUALLY -- WE CAN'T TAKE THAT UP BECAUSE IT IS
17:27:39 NOT 5:30.
17:27:40 IT IS 5:27.
17:27:43 IN THE MEANTIME, LET'S GO TO NEW BUSINESS.
17:27:46 COUNCILMAN CARLSON, DO YOU HAVE ANYTHING FOR NEW
17:27:46 BUSINESS?
17:27:48 >>BILL CARLSON: NO, THANK YOU.
17:27:51 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
17:27:54 >>ORLANDO GUDES: YOU PROBABLY HEARD OF THE RECENT
17:27:55 SITUATIONS WITH THE HILLSBOROUGH COUNTY SCHOOL
17:27:56 DISTRICT.
17:27:57 I HEARD SEVERAL CALLS.
17:28:02 PEOPLE THAT I COUNCIL RUNS THE SCHOOL DISTRICT.
17:28:06 I RECEIVED CALLS OF SCHOOLS THAT MAY BE CLOSING.
17:28:08 EMPLOYEES WHO MAY BE LOSING THEIR JOBS.
17:28:11 I WANT THE SUPERINTENDENT OF HILLSBOROUGH COUNTY
17:28:13 SCHOOLS TO COME BEFORE COUNCIL AND GIVE US EXPLANATION
17:28:19 WHAT IS GOING ON WITH LARGER MARGINALIZED AREAS AND
17:28:20 COMMUNITIES.
17:28:21 >>GUIDO MANISCALCO: WHEN WOULD YOU LIKE THAT?
17:28:23 >>ORLANDO GUDES: WITHIN THE NEXT FEW WEEKS BECAUSE
17:28:27 THINGS ARE MOVING FAST AND WE NEED INFORMATION.
17:28:29 >>GUIDO MANISCALCO: A REGULAR MEETING, MARCH 18, OR
17:28:32 NEXT THURSDAY, WHICH IS SHORT NOTICE.
17:28:34 >>ORLANDO GUDES: MARCH 18.
17:28:36 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN GUDES.
17:28:38 SECOND FROM COUNCILMAN CITRO.
17:28:40 ALL IN FAVOR.
17:28:42 >>MARTIN SHELBY: MAY I FOLLOW UP FOR A QUESTION OF
17:28:43 COUNCILMAN?
17:28:45 YOUR OFFICE --
17:28:47 >>ORLANDO GUDES: I WILL HAVE MY OFFICE CALL OVER THERE
17:28:48 TO GET THE ARRANGEMENTS MADE.
17:28:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:28:51 ANYTHING ELSE?
17:28:54 COUNCILMAN CITRO, SIR.
17:28:57 >>JOSEPH CITRO: I WILL TRY DO IT WITHIN LAST MINUTE.
17:29:00 LAST WEEK I WENT INTO A RANT, AND I COMPLETED MY RANT
17:29:01 TODAY.
17:29:02 LADIES AND GENTLEMEN OF THE PUBLIC, THE CITY OF TAMPA
17:29:06 WRITES CODES AND ORDINANCE THAT'S WE FEEL ARE THE BEST
17:29:08 FOR THIS CITY.
17:29:13 BUT WE HAVE LEGISLATORS IN TALLAHASSEE THAT WANT TO
17:29:17 PREEMPT US FROM DOING OUR DUTIES, TO DOING YOUR WILL.
17:29:19 LET ME JUST GIVE YOU A FEW.
17:29:22 SENATE BILL 266 HOME-BASED BUSINESSES.
17:29:26 SENATE BILL 522, VACATION RENTALS.
17:29:27 MY FAVORITES.
17:29:30 PREEMPTION OF TREE PRUNING AND TRIMMING.
17:29:33 AGAIN, I WILL NOT TELL YOU THE EFFORT THAT WAS PUT IN
17:29:38 BY THIS CITY, THE BUILDERS AND THE HOMEOWNER
17:29:42 ASSOCIATIONS ON OUR STREET.
17:29:44 BILL -- HOUSE BILL 20-63.
17:29:46 A COUPLE OF OTHERS.
17:29:51 I AM SORRY, SENATE BILL 856 AND HOUSE BILL 839, WHICH
17:29:55 IS STATE PREEMPTION OF ENERGY INFRASTRUCTURE
17:29:56 REGULATIONS.
17:29:58 LADIES AND GENTLEMEN, THESE WILL STOP ANY TYPE OF
17:30:03 CHANGES THAT CITIES, COUNTIES AND MUNICIPALITIES WANT
17:30:06 TO HAVE TO REGULATE THEIR CLEAN AIR AND THEIR CLEAN
17:30:09 WATER THROUGH FOSSIL FUEL INFRASTRUCTURE.
17:30:11 LADIES AND GENTLEMEN, IF YOU WANT TO SEE THESE THINGS
17:30:14 CHANGE, CONTACT YOUR STATE REPRESENTATIVE, CONTACT YOUR
17:30:18 STATE SENATORS, AND TELL THEM TO VOTE NO ON ALL
17:30:19 PREEMPTION BILLS.
17:30:21 THANK YOU, MR. CHAIR.
17:30:23 >>GUIDO MANISCALCO: AMEN.
17:30:25 COUNCILMAN VIERA.
17:30:26 >>LUIS VIERA: YES, MR. CHAIR.
17:30:30 I AM LOOKING AT MY LANGUAGE HERE.
17:30:30 [LAUGHTER]
17:30:34 I HAVE -- Y'ALL SHOULD SEE MY FIRST YEAR -- THE BATTLE.
17:30:37 AND I SAY THAT VERY LOVINGLY WITH MYSELF AND CHAIRMAN
17:30:40 REDDICK OVER COMMENDATIONS.
17:30:44 MAN, YOU ARE GIVING A COMMENDATION TO EVERYBODY IN NEW
17:30:45 TAMPA, AND I THINK I DID.
17:30:49 WE RECENTLY GOT THE NEWS THAT THE FLORIDA SUPREME COURT
17:30:52 STRUCK DOWN TRANSPORTATION, PENNY SALES TAX.
17:30:54 THAT, YOU KNOW HE -- WE ALL AGREE THAT IS A TERRIBLE
17:30:58 BLOW -- TO CALL THAT A TERRIBLE BLOW IS AN
17:31:01 UNDERSTATEMENT FOR OUR COMMUNITY.
17:31:05 OVER $300 MILLION, ALMOST ABOUT -- WELL OVER $4 BILLION
17:31:08 THE NEXT DECADE THAT COULD BE POTENTIALLY LOST DESPITE
17:31:11 OF THE FACT THAT THREE IN FIVE VOTERS, REPUBLICANS,
17:31:14 DEMOCRATS AND INDEPENDENTS CAME TOGETHER TO SUPPORT
17:31:15 THIS INITIATIVE.
17:31:18 I AM MOTIONING THE TAMPA CITY COUNCIL DO A LETTER TO
17:31:21 OUR FRIENDS IN THE HILLSBOROUGH COUNTY COMMISSION
17:31:25 URGING THEM TO PUT ON THE BALLOT AGAIN, A PLAN WITH
17:31:29 BASIC PILLARS THAT I WILL GO INTO REAL BRIEFLY THAT
17:31:32 INCLUDE A ONE CENT DEDICATED FUNDING SOURCE WITH THE
17:31:39 SAME SPLIT TRANSPORTATION FROM CONGESTION,
17:31:49 TRANSPORTATION TO FASHION A PLAN AS CONSISTENT WITH
17:31:51 FLORIDA LAW AS SUPREME COURT THAT GETS US TO WHERE WE
17:31:54 NEED TO GO WHEN IT COMES TO MASS TRANSIT AND OTHER
17:31:56 TRANSPORTATION AND BASIC PUBLIC SAFETY NEEDS, AND I CAN
17:31:58 WORK ON THAT LETTER WITH MR. SHELBY.
17:32:02 IT IS NOT ROCKET SCIENCE TO HAVE TO US BY NEXT WEEK, IF
17:32:03 I MAY.
17:32:04 THAT WILL BE IT.
17:32:08 AND THEN WITH REGARDS TO MY MOTION FOR WHAT WE CAN DO
17:32:13 WITH A LAWSUIT, WELL, THAT IS KIND OF DONE, ISN'T IT.
17:32:16 I WOULD REQUEST AT THAT TIME AND WE CAN HAVE IT
17:32:19 CONTINUED BY THE WAY IF STAFF NEEDS MORE.
17:32:22 THAT LEGAL BRIEF US WITH REGARD TO -- I DON'T KNOW WHAT
17:32:23 HAPPENS TO THE MONEY.
17:32:25 DOES ANYBODY KNOW?
17:32:29 I HAVE BEEN BUSY, BUT JUST INQUIRE IN THAT REGARD.
17:32:33 MY MOTION IS JUST WITH REGARD TO THE LETTER, IF I MAY.
17:32:35 >>JOSEPH CITRO: SECOND.
17:32:36 >>GUIDO MANISCALCO: YES, SIR.
17:32:38 >>MARTIN SHELBY: TAKE UP THAT MOTION AND I WILL COME
17:32:41 BACK WITH A QUESTION AFTER THE COUNCIL VOTES.
17:32:43 >>GUIDO MANISCALCO: COUNCILMAN VIERA HAS A MOTION.
17:32:46 A SECOND BY COUNCILMAN CITRO.
17:32:46 ALL IN FAVOR?
17:32:49 YES, MR. SHELBY.
17:32:53 >>MARTIN SHELBY: COUNCILMAN VIERA, I WANT TO SEE IF
17:32:55 YOU ARE WANTING TO AMEND THE MOTION BECAUSE RIGHT NOW
17:32:58 THIS IS HOW IT READS FOR STAFF REPORTS FOR MARCH 4 FOR
17:33:04 NEXT WEEK OR CAN STAY ON THE AGENDA AS IT IS.
17:33:06 >>LUIS VIERA: WE CAN KEEP IT THE WAY THAT IT IS, AND
17:33:08 WE SAY THAT TO ANY OF OUR CITY ATTORNEYS TO ARE
17:33:09 WATCHING.
17:33:11 IF YOU NEED MORE TIME FOR THAT.
17:33:14 OBVIOUSLY THAT IS 100% FINE BUT WE COULD TAKE ADVANTAGE
17:33:18 OF THAT TIME TO TALK ABOUT WHAT IS GOING TO HAPPEN WITH
17:33:21 THE $56 MILLION THAT SHOULD GO TO THE CITY, BECAUSE I
17:33:22 DON'T KNOW.
17:33:24 I QUICKLY IN A MINUTE SCANNED THROUGH THE DECISION.
17:33:26 I DIDN'T SEE ANYTHING ON THERE.
17:33:28 I DON'T KNOW IF THERE IS SOMETHING BY OPERATION OF LAW.
17:33:34 I DON'T KNOW.
17:33:37 WE COULD USE THAT TIME TO TALK ABOUT IT.
17:33:39 AN ADVISORY -- IF THEY NEED MORE TIME BECAUSE I KNOW
17:33:42 THEY ARE VERY BUSY ESPECIALLY AFTER THIS MORNING.
17:33:44 THEN WE CAN WORK THAT OUT.
17:33:47 >>MARTIN SHELBY: JUST SO YOU KNOW, COUNCIL, NEXT WEEK
17:33:49 THERE ARE PRESENTLY 11 STAFF REPORTS.
17:33:53 AND THERE ARE 16 SECOND READINGS, A REVIEW HEARING AND
17:33:57 THEN, AGAIN, THE VOTE ON THE PURPLE HEART BAR AND
17:34:00 LOUNGE, THE ALCOHOLIC BEVERAGE SUSPENSION HEARING.
17:34:03 JUST TO REMIND YOU TO PUT EVERYTHING NEXT WEEK INTO
17:34:04 CONTEXT FOR YOU.
17:34:05 THANK YOU.
17:34:06 >>GUIDO MANISCALCO: OKAY.
17:34:07 ANYTHING ELSE, SIR?
17:34:09 >>LUIS VIERA: NOTHING.
17:34:12 IF I GO THROUGH TONIGHT.
17:34:14 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA, ANY NEW
17:34:15 BUSINESS?
17:34:19 >>CHARLIE MIRANDA: NO, NONE.
17:34:21 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER?
17:34:22 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
17:34:26 NEXT WEEK ON THE 4TH, WE WERE SCHEDULED TO ADDRESS THE
17:34:32 MORATORIUM ISSUE, THE LAND USE MORATORIUM ISSUE.
17:34:35 I HAD SOME LENGTHY DISCUSSION WITH LEGAL STAFF, WITH
17:34:38 THE PLANNING STAFF AS WELL AS WITH THE SOUTH OF GANDY
17:34:41 COMMUNITY, AND I THINK IT WOULD BE IN EVERYBODY'S BEST
17:34:50 INTEREST AND HAVING BEEN THE MAKER OF THE MOTION
17:34:56 ORIGINALLY TO DEFER TO FEBRUARY 18 --
17:34:58 >>MARTIN SHELBY: MARCH, YOU MEAN.
17:35:01 >>JOHN DINGFELDER: MARCH 4 TO MARCH 18 AND GIVE
17:35:03 EVERYBODY AN OPPORTUNITY CONTINUE TO WORK ON THIS
17:35:08 ORDINANCE AND HOPEFULLY COME TO AN AGREEMENT.
17:35:12 THAT WOULD BE MY MOTION.
17:35:13 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN DINGFELDER
17:35:16 AND SECOND BY COUNCILMAN GUDES.
17:35:17 ALL IN FAVOR.
17:35:18 ANYTHING ELSE.
17:35:20 >>JOHN DINGFELDER: NOT FOR NOW.
17:35:23 MAYBE LATER.
17:35:26 >>JOSEPH CITRO: IN MY SOAPBOX STANDING UP I FORGET TO
17:35:30 MENTION AN ORDINANCE THAT OUR COUNCILMAN VIERA SET
17:35:36 FORTH FOR APPRENTICESHIP PROGRAM THAT THAT WAS
17:35:37 PREEMPTED.
17:35:39 I FORGOT THAT, AND I SHOULDN'T HAVE.
17:35:43 MY DEAR FRIEND IS SITTING HERE TO MY RIGHT.
17:35:46 IF YOU DON'T WANT PREEMPTION, PLEASE, CONTACT YOUR
17:35:48 STATE REPRESENTATIVES AND STATE SENATORS.
17:35:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:35:52 COUNCILMAN DINGFELDER.
17:35:53 >>JOHN DINGFELDER: YES, SIR.
17:36:01 ONE LITTLE HOUSEKEEPING FROM THIS AFTERNOON.
17:36:06 SO I AM TRYING -- MR. CHAIRMAN, YOU PROBABLY CAN REMIND
17:36:07 ME.
17:36:11 WHAT DATE DID WE DEFER ALL THE CHANGES THE NEXT THING
17:36:14 THE CRB ORDINANCE WAS IN MAY, WAS IT?
17:36:16 >>GUIDO MANISCALCO: I REMEMBER A JUNE DATE.
17:36:18 LET ME LOOK.
17:36:19 >>JOHN DINGFELDER: A JUNE?
17:36:20 OKAY.
17:36:22 >>GUIDO MANISCALCO: A MAY 20.
17:36:24 SORRY, SIR, MAY 20.
17:36:25 >>JOHN DINGFELDER: OKAY.
17:36:31 SO MY MOTION WOULD BE IN REGARD TO THE -- THE ISSUE
17:36:39 ABOUT THE INDEPENDENT COUNSEL, GETTING LANGUAGE AND
17:36:42 COMPARING LANGUAGE FOR IT TO GO OUT AS A CHARTER
17:36:43 AMENDMENT.
17:36:47 I WANT MY MOTION TO STAY THE SAME, BUT I WOULD LIKE TO
17:36:51 DEFER THAT TO THE SAME DATE, SO EVERYTHING CRB RELATED
17:36:53 COMES BACK AT THE SAME TIME.
17:36:57 SO THAT WOULD BE MY MOTION TO -- WHAT DID YOU SAY, MAY
17:36:58 20?
17:37:01 >>GUIDO MANISCALCO: MAY 20, YES, SIR.
17:37:02 >>JOHN DINGFELDER: IT WOULD BE TO TAKE THE SAME MOTION
17:37:09 THAT PASSED EARLIER BUT JUST DEFER -- DEFER SO LEGAL
17:37:12 COUNSEL DOESN'T FEEL PRESSURE TO DEFER UNTIL MAY 20.
17:37:15 >>MARTIN SHELBY: SORRY IF -- CORRECT ME IF I'M WRONG,
17:37:19 BUT THE CHARTER CHANGES I BELIEVE WERE SET FOR JUNE 17.
17:37:20 I DON'T KNOW IF THAT IS THE CASE.
17:37:22 I BELIEVE -- THAT IS WHAT I WROTE DOWN.
17:37:25 I DON'T KNOW WHETHER --
17:37:27 >>JOHN DINGFELDER: WAS IT JUNE?
17:37:28 >>MARTIN SHELBY: I BELIEVE THAT THE CHARTER CHANGES
17:37:30 WERE SET FOR JUNE.
17:37:33 AND COMING --
17:37:34 >>JOHN DINGFELDER: ONLY ONE THAT WENT FORWARD.
17:37:38 THE OTHER ONE I PULLED BACK ON.
17:37:42 ALL RIGHT, SO LET'S HAVE IT ALL COME BACK AT THE SAME
17:37:44 TIME, MAY 20 THEN.
17:37:46 >>MARTIN SHELBY: THAT IS THE QUESTION WHETHER THAT
17:37:50 ONE-MONTH DIFFERENCE WILL MAKE A DIFFERENCE TO THE
17:37:51 LEGAL DEPARTMENT.
17:37:53 IF THAT IS THE COUNCIL'S DIRECTION.
17:37:55 >>JOHN DINGFELDER: IF THEY WANT, THEY CAN TELL ME
17:37:57 ABOUT IT AND CHANGE IT AGAIN.
17:38:00 I AM TRYING TO GET EVERYTHING CRB AT THE SAME TIME.
17:38:01 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN
17:38:01 DINGFELDER.
17:38:03 SECOND FROM COUNCILMAN GUDES.
17:38:04 ALL IN FAVOR.
17:38:05 ANY OPPOSED?
17:38:06 ALL RIGHT, VERY GOOD.
17:38:10 WE OPEN THE 5:30 PUBLIC HEARING BECAUSE WE MADE A
17:38:13 MOTION FOR IT AND GO TO ITEM NUMBER 7.
17:38:15 >>MARTIN SHELBY: HAVE THE MOTION AGAIN.
17:38:17 >>CHARLIE MIRANDO: SO MOVED.
17:38:17 >>LUIS VIERA: SECOND.
17:38:19 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
17:38:22 SECOND FROM COUNCILMAN VIERA.
17:38:24 ALL IN FAVOR AYE.
17:38:30 >> GOOD EVENING, COUNCIL, PATRICK PEREZ, CITY ATTORNEY.
17:38:35 THIS IS A PUBLIC HEARING WITH THE WEST SAN JOSE STREET
17:38:37 STREETLIGHT ASSESSMENT.
17:38:43 THE FLORIDA STATUTES RELATING THE UNIFORM METHODS.
17:38:48 THE RESOLUTION IS THE CITY'S NOTICE OF INTENT NONAD
17:38:49 VALOREM ASSESSMENT.
17:38:52 AND IF APPROVED THERE WILL BE A SECOND PUBLIC HEARING
17:38:54 IN THE SUMMER TO ADOPT THE ROLE FOR THE SPECIAL
17:38:55 ASSESSMENT.
17:38:59 DAVID KILCOIN IS A REPRESENTATIVE FOR THE PETITIONER,
17:39:02 AND SHOULD BE ON THE LINE IF YOU HAVE ANY QUESTIONS.
17:39:05 >>GUIDO MANISCALCO: BEING NONQUASI JUDICIAL, WE DON'T
17:39:08 HAVE TO SWEAR THE GENTLEMAN IN.
17:39:11 >>MARTIN SHELBY: NONQUASI JUDICIAL.
17:39:14 >>GUIDO MANISCALCO: IF THE GENTLEMAN IS ON THE LINE,
17:39:17 KILCOIN?
17:39:19 >> YES, SIR, DAVID KILCOIN.
17:39:21 HE SHOULD BE ABLE TO CALL IN.
17:39:25 >>GUIDO MANISCALCO: IF MR. KILCOIN IS ON THE LINE.
17:39:28 CAN YOU HEAR US AND UNMUTE YOURSELF?
17:39:30 >> CAN YOU HEAR ME?
17:39:32 >>GUIDO MANISCALCO: YES, WE CAN.
17:39:34 GO AHEAD, SIR.
17:39:37 >> MY NAME IS DAVID KILCOIN, AND I AM REPRESENTING THE
17:39:43 HOMEOWNERS -- THE 50 HOMEOWNER OF WEST SAN JOSE STREET
17:39:48 AND REQUESTING THAT WE -- SORRY?
17:39:50 >>GUIDO MANISCALCO: GO AHEAD, SIR.
17:39:53 >> WE ARE REQUESTING TO PUT THE STREETLIGHT -- NEW
17:39:57 STREETLIGHTS ON OUR BILL.
17:39:59 WE ARE ACTUALLY IN THE PROCESS OF REMOVING OR
17:40:03 UNDERGROUNDING ALL OF THE UTILITIES ON OUR STREET.
17:40:06 AND WE HAVE 50 HOMES AND WE HAVE 49 SIGNED SIGNATURES
17:40:11 APPROVING THIS.
17:40:13 >>GUIDO MANISCALCO: OKAY.
17:40:16 >> I ALSO HAVE TONY MARTINO WHO IS WORKING WITH ME ON
17:40:17 THE PROJECT.
17:40:19 DO YOU HAVE ANY COMMENTS?
17:40:22 >>GUIDO MANISCALCO: MR. MARTINO, IF YOU CAN HEAR US.
17:40:24 PLEASE UNMUTE YOURSELF.
17:40:27 DO YOU HAVE ANYTHING FOR US, SIR?
17:40:31 MR. MARTINO?
17:40:33 >> TONY?
17:40:40 MUTE -- SEE THE MICROPHONE SYMBOL.
17:40:42 HE MAY NOT BE ABLE TO HEAR YOU.
17:40:45 I AM SURE HE HEARS YOU, BUT I DON'T THINK HE CAN TALK.
17:40:50 >>GUIDO MANISCALCO: DOES HE HAVE ANYTHING ELSE TO ADD?
17:40:54 >> TONY, ANYTHING ELSE TO ADD?
17:40:57 HE HAS BEEN MUTED BY THE ORGANIZER.
17:41:00 >>GUIDO MANISCALCO: CAN WE UNMUTE MR. MARTINO?
17:41:03 YOU ARE UNMUTED, SIR, BY US.
17:41:12 >> YOU ARE UNMUTED.
17:41:16 >> WE STILL CAN'T HEAR YOU, TONY.
17:41:20 NO.
17:41:24 NONETHELESS --
17:41:25 >>GUIDO MANISCALCO: OKAY.
17:41:27 >> DO YOU HAVE ANY OTHER QUESTIONS?
17:41:29 >>GUIDO MANISCALCO: DO WE HAVE ANY OTHER QUESTIONS FOR
17:41:30 THE GENTLEMAN?
17:41:33 ANYONE IN THE PUBLIC THAT WISHES TO SPEAK ON ITEM
17:41:34 NUMBER 7?
17:41:37 >>CLERK: NO REGISTERED SPEAKERS TO SPEAK ON THIS ITEM.
17:41:39 >>JOSEPH CITRO: MOVE TO CLOSE --
17:41:41 >>MARTIN SHELBY: MR. CHAIRMAN, I WOULD LIKE TO HAVE A
17:41:45 CONFIRMATION AND MAYBE MR. PEREZ KNOWS THIS.
17:41:49 NORMALLY -- AND I DON'T KNOW -- MY RECOLLECTION THAT
17:41:53 SPECIAL ASSESSMENTS MAY HAVE TO BE ADOPTED DURING THE
17:41:53 PUBLIC HEARING.
17:41:56 DO YOU KNOW THAT TO BE THE CASE?
17:42:00 >> SO THIS IS THE FIRST -- THE FIRST OF TWO HEARINGS.
17:42:05 THE CITY'S NOTICE OF INTENT TO USE THE NONAD VALOREM
17:42:07 AND COMING OVER THE SUMMER.
17:42:09 >>MARTIN SHELBY: THE ITEM ON THE AGENDA, THE
17:42:13 RESOLUTION, TO NOT HAVE ANY ACTION TAKEN ON THAT?
17:42:16 >> NO, YOU WILL TAKE ACTION ON THE RESOLUTION.
17:42:18 >>MARTIN SHELBY: VERY GOOD.
17:42:18 I SEE.
17:42:21 >> THIS RESOLUTION WILL BE SENT TO THE TAX COLLECTOR.
17:42:24 AND ONCE THE TAX COLLECTOR RECEIVES THAT, IT HELPS
17:42:28 PROCESS THE ROLL FOR THE SECOND PUBLIC HEARING IN
17:42:29 AUGUST.
17:42:31 >>MARTIN SHELBY: THANK YOU VERY MUCH FOR THAT
17:42:33 CLARIFICATION.
17:42:34 >>JOSEPH CITRO: MOVE TO CLOSE.
17:42:35 >>ORLANDO GUDES: SECOND.
17:42:37 >>GUIDO MANISCALCO: MOTION TO CLOSE BY COUNCILMAN
17:42:39 CITRO.
17:42:41 SECOND BY COUNCILMAN GUDES.
17:42:44 >>JOSEPH CITRO: I MOVE THE RESOLUTION.
17:42:45 >>CHARLIE MIRANDA: SECOND.
17:42:48 >>GUIDO MANISCALCO: ROLL CALL VOTE.
17:42:49 >>JOSEPH CITRO: YES.
17:42:50 >>BILL CARLSON: YES.
17:42:51 >>JOHN DINGFELDER: YES.
17:42:53 >>ORLANDO GUDES: YES.
17:42:54 >>CHARLIE MIRANDA: YES.
17:42:56 >>LUIS VIERA: YES.
17:42:56 >>GUIDO MANISCALCO: YES.
17:43:02 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:43:03 >> THANK YOU, COUNCIL.
17:43:06 >>GUIDO MANISCALCO: WE ARE IN RECESS UNTIL 6:00 AND WE
17:43:09 HAVE TO OPEN THOSE REVIEW HEARINGS.
18:01:41 THANK YOU.
18:01:44 >>JOSEPH CITRO: HERE.
18:01:46 >>CLERK: MIRANDA.
18:01:47 >>CHARLIE MIRANDA: HERE.
18:01:49 >>GUIDO MANISCALCO: HERE.
18:01:51 >>CLERK: A PHYSICAL QUORUM PRESENT.
18:01:54 >>GUIDO MANISCALCO: A MOTION TO MOVE 8-13.
18:01:57 MOTION BY COUNCILMAN GUDES.
18:02:00 SECOND FROM COUNCILMAN CITRO.
18:02:00 ALL IN FAVOR.
18:02:01 AYE.
18:02:02 ITEM NUMBER 8.
18:02:05 IF YOU ARE TO SPEAK, RAISE YOUR RIGHT HAND, AND WE WILL
18:02:06 SWEAR YOU IN.
18:02:10 >>MARTIN SHELBY: I BELIEVE THEY ARE DOWNSTAIRS.
18:02:15 HAVE STAFF AND THEN GO DOWNSTAIRS.
18:02:19 >>GUIDO MANISCALCO: STAFF ONLINE, BRIAN KNOX, ERIC
18:02:21 COTTON AND JONATHAN SCOTT.
18:02:25 >>CLERK: DO YOU SWEAR AND AFFIRM THAT YOU WILL TELL
18:02:29 THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
18:02:30 >> YES.
18:02:32 >>MARTIN SHELBY: MR. CHAIRMAN, IF I CAN, AND MISS
18:02:36 WELLS IS ONLINE TOO TO BE ABLE TO DISCUSS.
18:02:44 I BELIEVE BOTH PARTIES FOR THIS ITEM AND FOR ITEM 9 ARE
18:02:48 ON THE SECOND FLOOR AND WILL BE PARTICIPATING VIA CMT
18:02:52 USING THE TECHNOLOGY ON THE SECOND FLOOR OF OLD CITY
18:02:53 HALL.
18:02:56 BUT I DID WANT TO, FOR THE RECORD, PROVIDE THEM -- AND
18:03:00 I KNOW THAT MISS WELLS HAD E-MAILED THEM IN ADVANCE THE
18:03:05 HEARING PROCEDURES FOR THESE REVIEW HEARINGS, BOTH 8
18:03:08 AND 9 IN THAT THEY ARE SLIGHTLY DIFFERENT THAN WHAT YOU
18:03:12 NORMALLY HEAR BECAUSE FRANKLY, THIS INVOLVES, FROM WHAT
18:03:16 I UNDERSTAND TWO ADJACENT PROPERTY OWNERS.
18:03:19 AND THEIR POSITIONS IN EACH OF THE CASES ARE DIFFERENT,
18:03:21 BUT THEY WILL BE HELD SIMILARLY.
18:03:25 AND, AGAIN, BECAUSE THEY BOTH HAVE PROPERTY RIGHTS, WE
18:03:28 WILL BE CONSCIOUS OF THE DUE PROCESS REQUIREMENTS IN A
18:03:30 QUASI JUDICIAL HEARING.
18:03:33 I HAVE PROVIDED THESE TWO, AS I SAID, BOTH PARTIES AND
18:03:37 I HAVE PROVIDED A COPY TO THE CLERK.
18:03:38 AND COUNCIL DOES HAVE IT.
18:03:41 WE CAN REVIEW THEM NOW, BUT THEY ARE BEFORE YOU.
18:03:44 AND I WOULD LIKE COUNCIL, UNLESS THERE ARE ANY
18:03:48 OBJECTIONS OF ANY PARTIES ON TWO, TO ADOPT THESE
18:03:52 HEARINGS -- THESE PROCEDURES FOR HEARING ITEMS 8 AND 9.
18:03:57 SO IF WE CAN GO DOWN TO TWO, AND SEE IF THERE IS
18:04:01 ANYBODY WHO WANTS TO -- HAVE TO FEEL THE NEED TO MAKE
18:04:04 ANYTHING FOR THE RECORD BEFORE WE GO AHEAD AND DO THIS.
18:04:07 >>GUIDO MANISCALCO: SECOND LEVEL, ANYBODY PRESENT THAT
18:04:11 IS GOING TO SPEAK ON ITEM 8 AND 9, IF WE CAN HAVE THEM
18:04:16 SWORN IN.
18:04:18 >>MARTIN SHELBY: WE CAN DO THAT SEPARATELY RATHER THAN
18:04:20 FILL THE KIOSK IS EVERYBODY.
18:04:23 >>GUIDO MANISCALCO: ITEM NUMBER 8, IF YOU ARE GOING TO
18:04:25 SPEAK ON THE SECOND FLOOR HERE IN PERSON, PLEASE COME
18:04:32 TO THE KIOSK AND WE WILL SWEAR YOU IN.
18:04:34 >> INDIVIDUALLY?
18:04:35 >>MARTIN SHELBY: DEPENDS.
18:04:37 I WOULD RATHER HAVE THE PARTIES COME IN SEPARATELY,
18:04:38 FRANKLY.
18:04:41 >>GUIDO MANISCALCO: WE WILL SWEAR THEM IN ONE AT A
18:04:43 TIME.
18:04:45 >>MARTIN SHELBY: I BELIEVE ONE PERSON IS REPRESENTED
18:04:47 BY AN ATTORNEY.
18:04:48 >>GUIDO MANISCALCO: OKAY.
18:04:51 I SEE SOMEONE AT THE KIOSK.
18:04:53 RAISE YOUR RIGHT HAND.
18:04:56 >>MARTIN SHELBY: I DON'T SEE THE KIOSK YET ON MY
18:04:56 SCREEN.
18:04:58 >>GUIDO MANISCALCO: OKAY.
18:05:00 >>MARTIN SHELBY: OKAY, THANK YOU.
18:05:03 COULD YOU STATE YOUR NAME, PLEASE.
18:05:04 >> JOE MURPHY.
18:05:07 >>MARTIN SHELBY: MR. MURPHY, PLEASE BE SWORN.
18:05:09 >> DO YOU SWEAR OR AFFIRM THAT YOU WILL TELL THE TRUTH,
18:05:13 THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
18:05:17 >> I DO.
18:05:17 >> THANK YOU.
18:05:20 >>MARTIN SHELBY: THESE ARE BOTH -- MISS WELLS, FOR
18:05:24 ITEM 8 AND 9 WHILE QUESTION THE WITNESSES HERE?
18:05:26 >>CATE WELLS: I BELIEVE THEY SHOULD BE HEARD
18:05:26 SEPARATELY.
18:05:28 >>MARTIN SHELBY: WE WILL DO THAT AND SWEAR THE
18:05:29 WITNESSES AGAIN.
18:05:31 WE WILL DO THAT.
18:05:33 OKAY, NOW WHO IS THE NEXT PARTY?
18:05:38 DO YOU HAVE ANY OBJECTIONS TO THESE PROCEEDINGS THE WAY
18:05:38 THEY ARE PRESENTED?
18:05:41 >> WE HAVE SEVERAL PEOPLE AND YOU WANT THEM TO COME IN
18:05:42 AT ONE TIME?
18:05:44 >>MARTIN SHELBY: LET ME ASK YOU THIS.
18:05:47 LET'S GET THROUGH THE PROCEDURAL STAGE.
18:05:51 YOU WERE PROVIDED WITH THE PROCEDURES AS WE ARE
18:05:54 PROPOSING THEM FOR TONIGHT.
18:05:57 DO YOU -- IS THERE ANYTHING YOU WANT TO SAY TO THAT OR
18:06:00 WE WILL JUST CONTINUE WITH THE HEARING?
18:06:01 >> THE PROCEDURES ARE FINE.
18:06:03 >>MARTIN SHELBY: WHY DON'T WE COME AND SWEAR IN THE
18:06:04 OTHER --
18:06:07 >> YOU WANT TO SWEAR THE OTHERS?
18:06:10 >>MARTIN SHELBY: I WANT TO KNOW IF THEY AGREE TO THE
18:06:13 PROCEDURES OR ANYTHING THEY WANT TO PUT ON THE RECORD.
18:06:17 IF -- YOU CAN SWITCH POSITIONS AND STERILIZE THE
18:06:19 LECTERN AND BRING IN THE OTHER PARTY.
18:06:21 >> OKAY, I WILL STEP OUT.
18:06:23 >>MARTIN SHELBY: THANK YOU, SIR.
18:06:25 A LITTLE COMPLICATED TONIGHT, COUNCIL.
18:06:30 THANK YOU FOR BEARING WITH US.
18:06:40 NOW WE NEED SOMEBODY TO WIPE THE LECTERN.
18:06:42 >>ORLANDO GUDES: MR. CHAIRMAN, POINT OF ORDER.
18:06:44 MR. CHAIRMAN, I AM A LITTLE CONFUSED.
18:06:47 ARE WE SWEARING IN ALL THE WITNESSES OF THIS PARTICULAR
18:06:49 CASE, ITEM NUMBER 8?
18:06:50 >>MARTIN SHELBY: NO.
18:06:52 I AM ASKING FOR ACTUAL -- TWO OF THE PARTIES.
18:06:55 ONE IS GOING TO BE THE APPLICANT PETITIONER AND THE
18:07:00 OTHER IS GOING TO BE DESIGNATED THE AGGRIEVED PERSON OR
18:07:01 PROPERTY OWNER.
18:07:04 I AM ASKING THEM THE OPPORTUNITY HAVING LOOKED AT THESE
18:07:07 PROCEDURES IF ANYTHING THEY NEED TO SAY THEY CAN SAY IT
18:07:11 NOW OTHERWISE I WILL ASK DOWN APPROVE THESE AND GET
18:07:13 GOING.
18:07:14 >>ORLANDO GUDES: THANK YOU, SIR.
18:07:16 >>MARTIN SHELBY: DO YOU WANT TO ADDRESS COUNCIL?
18:07:18 LET'S SWEAR THEM IN.
18:07:20 DO YOU WANT TO STATE YOUR NAMES FOR THE RECORD AND
18:07:21 SWEAR YOU IN.
18:07:24 >> MIKE GONZALEZ.
18:07:25 >> THANK YOU.
18:07:26 >> DERRILL MCATEER.
18:07:28 >> YOU WANT TO SWEAR THEM IN, PLEASE.
18:07:31 >>GUIDO MANISCALCO: RAISE YOUR RIGHT HAND.
18:07:35 >> DO YOU SWEAR AND AFFIRM THAT YOU WILL TELL THE
18:07:39 TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
18:07:40 >> I DO.
18:07:41 >> YES, I DO.
18:07:42 >> THANK YOU.
18:07:43 >>MARTIN SHELBY: THAT BEING SAID.
18:07:45 ANYTHING YOU WISH -- YOU HAVE GOTTEN A COPY OF THE
18:07:47 PROCEDURES.
18:07:49 ANYTHING YOU WISH TO PUT ON THE RECORD?
18:07:51 >> NO --
18:07:52 >>MARTIN SHELBY: SPEAK A LITTLE CLOSER.
18:07:54 >>GUIDO MANISCALCO: GO TO THE MICROPHONE.
18:07:55 GET CLOSER.
18:07:55 >> THANK YOU.
18:07:58 I WOULD LIKE TO THANK COUNCIL FOR GOING THROUGH THE
18:08:01 EFFORT TO RECOGNIZE THE PROCEDURES ON THE RECORD.
18:08:03 I HAVE NO OBJECTION.
18:08:05 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:08:06 >>MARTIN SHELBY: OKAY.
18:08:07 THANK YOU.
18:08:11 IF YOU CAN JUST -- NOW WHO -- WE WILL GET -- WE WILL
18:08:13 GET THE PRESENTATION -- WE WILL GET THE PRESENTATION IN
18:08:13 A BIT.
18:08:18 IF YOU COULD TAKE YOUR SEATS.
18:08:20 >>JOSEPH CITRO: MR. CHAIR, DO WE NEED TO RECEIVE AND
18:08:20 FILE?
18:08:22 >>MARTIN SHELBY: I AM GOING TO ASK ANY EX-PARTE
18:08:28 WRITTEN DOCUMENTS TO BE FILED IN THE RECORD.
18:08:34 THEY HAVE BEEN UPLOADED AND AVAILABLE FOR INSPECTION.
18:08:37 >>GUIDO MANISCALCO: MOTION TO RECEIVE AND FILE.
18:08:40 MOTION BY COUNCILMAN CITRO.
18:08:43 SECOND BY COUNCILMAN GUDES.
18:08:45 MOTION CARRIES.
18:08:45 TWO MORE.
18:08:48 COME TO THE LECTERN AND STATE YOUR NAMES AND SPEAK INTO
18:08:53 THE MICROPHONE SO WE CAN HEAR.
18:08:55 >> WE WILL SWEAR YOU IN.
18:08:59 >> AARON MURPHY.
18:09:00 >>GUIDO MANISCALCO: AND YOU?
18:09:10 >> SUZANNE STENETT.
18:09:11 >>MARTIN SHELBY: THANK YOU.
18:09:13 >>GUIDO MANISCALCO: SWEAR YOU IN.
18:09:17 >> DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
18:09:19 WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
18:09:20 >> YES.
18:09:22 >> I DO.
18:09:27 >>MARTIN SHELBY: MISS WELLS, I BELIEVE IS STANDING BY.
18:09:29 >>CATE WELLS: GOOD EVENING, MR. CHAIRMAN, AND MEMBERS
18:09:31 OF CITY COUNCIL.
18:09:40 FOR THE RECORD, CATE WELLS, CHIEF ASSISTANT ATTORNEY.
18:09:44 6901 NORTH RIVER BOULEVARD SEEKING REVIEW OF THE ZONING
18:09:48 ADMINSTRATOR'S DECISION DENYING THE DESIGN EXCEPTION
18:09:54 WHICH REQUESTED RELIEF FROM SECTION 27-211.2.1 OF
18:09:54 SECTION A.
18:09:58 EARLIER TODAY, COUNCIL WAS PROVIDED WITH A COPY OF THE
18:10:00 HEARING PROCEDURE FOR TODAY'S REVIEW AS WELL AS SAMPLE
18:10:01 MOTIONS.
18:10:05 IN ADDITION, YOU HAVE BEEN PROVIDED WITH A COPY OF THE
18:10:11 REVIEW CRITERIA IN SECTION 27-06 SUBSECTIONS E AND F.
18:10:13 FOR PURPOSES OF TONIGHT'S HEARING, CITY COUNCIL
18:10:16 APPLYING THE STANDARD OF REVIEW.
18:10:20 YOUR DECISION IS NOT LIMITED TO THE RECORD CREATED BY
18:10:21 THE ZONING ADMINISTRATOR.
18:10:24 INSTEAD, YOU CAN TAKE PUBLIC TESTIMONY, ACCEPT NEW
18:10:26 EVIDENCE AND MAKE A DECISION BASED ON THE APPLICATION
18:10:32 IN THE CRITERIA OF SECTION 27-60 SUBSECTIONS E 5.
18:10:37 ERIC COTTON IS HERE TO PROVIDE AN OVERVIEW OF THE
18:10:39 RELIEF IN THE APPLICATION AND THE BASIS FOR THE CITY'S
18:10:39 DECISION.
18:10:42 AFTER CONSIDERING ALL OF THE EVIDENCE INTRODUCED INTO
18:10:45 THE RECORD OF TODAY'S HEARING, CITY COUNCIL MAY UPHOLD
18:10:49 THE ZONING ADMINISTRATOR'S DECISION AND THEREBY DENY
18:10:52 THE APPLICATION FOR DESIGN EXCEPTION OR COUNCIL MAY
18:10:56 OVERTURN THE ZONING ADMINISTRATOR'S DECISION AND,
18:10:59 THEREBY, APPROVE THE APPLICATION FOR DESIGN EXCEPTION.
18:11:02 WITH THAT, I WILL TURN THE PRESENTATION OVER TO MR.
18:11:06 COTTON AND I REMAIN AVAILABLE TO ANSWER ANY QUESTIONS.
18:11:08 >>ORLANDO GUDES: MR. CHAIRMAN, CAN IT GET A LITTLE
18:11:10 MORE VOLUME?
18:11:12 >>GUIDO MANISCALCO: CAN YOU TURN UP THE VOLUME?
18:11:13 >>ORLANDO GUDES: I CAN'T HEAR.
18:11:16 >>MARTIN SHELBY: MICROPHONE IS LOUDER.
18:11:20 IF WE CAN TURN IT UP ON THE PLATFORM, THE WEB PLATFORM.
18:11:23 AND ALSO JUST FOR PURPOSES OF THE RECORD, JUST -- IF WE
18:11:27 CAN JUST MAKE A MOTION TO ACCEPT THE -- FOR THE CITY
18:11:30 COUNCIL TO ACCEPT THE PROCEDURES FOR THE ITEMS 8 AND 9
18:11:31 FOR TONIGHT.
18:11:33 >>JOSEPH CITRO: SO MOVED.
18:11:34 >>ORLANDO GUDES: SECOND.
18:11:37 >>GUIDO MANISCALCO: ALL IN FAVOR.
18:11:40 >>MARTIN SHELBY: ANY OPPOSED?
18:11:42 BY UNANIMOUS CONSENT.
18:11:43 OKAY, THANK YOU.
18:11:45 >>GUIDO MANISCALCO: ALL RIGHT.
18:11:46 >> GOOD EVENING, COUNCIL.
18:11:50 MAY I SHARE MY SCREEN, PLEASE.
18:11:52 I HAVE A QUICK POWERPOINT.
18:12:01 I KNOW IT HAS BEEN A LONG DAY FOR EVERYONE.
18:12:03 >>GUIDO MANISCALCO: GO AHEAD, SIR.
18:12:03 WE CAN SEE IT.
18:12:05 >>ERIC COTTON: OKAY, THANK YOU.
18:12:08 THIS IS A PETITION FOR REVIEW AS MISS WELLS WAS GIVING
18:12:11 FOR DE 1-20-66.
18:12:16 THE APPLICANT WAS JOE MURPHY, 6915 NORTH RIVER
18:12:16 BOULEVARD.
18:12:22 APPLICANT SEEKING RELIEF FOR PLACEMENT OF A UNPERMITTED
18:12:24 ACCESSORY STRUCTURE.
18:12:29 THE PROPERTY IS ZONED SRS SEMINOLE HEIGHTS RESIDENTIAL
18:12:30 FAMILY.
18:12:33 THE APPLICANT WAS SEEKING TO REDUCE THE CODE
18:12:35 REQUIREMENTS FOR AN ACCESSORY IS 60 FEET FROM THE FRONT
18:12:38 YARD, THREE FEET FROM THE SIDE AND REAR AND BUILDING
18:12:47 SEPARATION MEASURE WALL TO WALL, FIVE FEET AND EAVE TO
18:12:49 EAVE OF THREE FEET.
18:12:53 TO DECIDE THE REQUEST AND AN OPINION FROM STAFF THAT
18:12:58 THE REQUEST WAS NOT A MINOR REDUCTION AS REQUIRED BY
18:13:01 27.60 THE DESIGN EXCEPTION CRITERIA.
18:13:04 THE REDEMPTION IN THE FRONT FROM 60 FROM 24 TO 7 FEET
18:13:06 WHICH IS ABOUT A 60% REDUCTION.
18:13:10 THE ZONING SEPARATION FROM 5 FEET TO 1 FOOT, WHICH IS A
18:13:14 80% REDUCTION AND OF THE EAVE-TO-EAVE SEPARATION AS
18:13:17 STRUCTURES THAT YOU WILL SEE IN A PHOTO WAS THREE DOWN
18:13:20 TO ZERO WHICH IS 100% REDUCTION.
18:13:22 THIS PROPERTY IS ON IN NORTH RIVER.
18:13:26 IT DEAD ENDS -- A DEAD-END STREET.
18:13:28 IT ENDS WITH THE PROPERTY HIGHLIGHTED IN RED.
18:13:35 ACROSS THE STREET IS THE -- THE NEIGHBOR THAT IS ALSO
18:13:37 HERE FOR THE HEARING TONIGHT.
18:13:40 THIS IS THE SITE PLAN THAT WAS PRESENTED AT -- AS PART
18:13:42 OF THE DESIGN EXCEPTION.
18:13:44 THE BLUE IS THE ONE-STORY RESIDENCE.
18:13:48 YOU CAN SEE THAT THE ACCESSORY STRUCTURE IS IN GREEN,
18:13:50 AS WELL AS A SHED IN THE BACK.
18:13:52 SO WHAT IS HIGHLIGHTED IN THE GREEN ON THE NORTH SIDE
18:13:55 OF THE PROPERTY WAS THE ACCESSORY STRUCTURE THAT WAS
18:13:59 ASKING FOR THE REDUCTION OF THE SETBACKS.
18:14:01 AGAIN, 60 FEET GOING DOWN TO 24.7.
18:14:08 AND THEN IT WAS THE -- THE WALL-TO-WALL SEPARATION OF
18:14:09 FIVE DOWN TO ONE.
18:14:12 AND FROM EAVE TO EAVE, FROM THREE DOWN TO ZERO.
18:14:14 THIS IS THE VIEW FROM THE STREET.
18:14:17 THIS IS FROM THE APPLICANT'S APPLICATION FOR THE DESIGN
18:14:17 EXCEPTION.
18:14:20 YOU CAN SEE THE AWNING IN THE BACK.
18:14:26 IT IS A CARPORT USED AS A OUTDOOR LIVING AREA.
18:14:30 AGAIN, THIS IS THE PICTURE OF THE PROPERTY.
18:14:35 AND -- I GUESS THAT WAS THE LAST PICTURE.
18:14:38 SO THERE IS -- SORRY, I NEGLECTED TO SHOW THIS IN THE
18:14:42 PHOTO, BUT THE PROPERTIES ARE -- THE CARPORT STRUCTURE
18:14:45 THAT YOU SEE IN THE PHOTO IS DIRECTLY ADJACENT TO THE
18:14:45 BUILDING.
18:14:49 THERE IS NO SEPARATION BETWEEN THE TWO.
18:14:50 HENCE THE DENIAL.
18:14:54 27-60, WHICH IS IN YOUR STAFF REPORT, DOES STATE THAT
18:14:57 THE REDUCTION SHOULD BE MINOR IN -- SHOULD BE A MINOR
18:15:00 REDUCTION, BUT THE PERCENTAGES ARE GREAT, AND,
18:15:03 THEREFORE, THE PLANNING AND URBAN DESIGN COORDINATION
18:15:05 DENIED THE REQUEST.
18:15:07 AS A RESULT, THE APPLICANT HAS FILED FOR THE PETITION
18:15:08 FOR REVIEW.
18:15:10 DOES COUNCIL HAVE ANY QUESTIONS?
18:15:12 >>GUIDO MANISCALCO: DO YOU HAVE ANY QUESTIONS FOR THE
18:15:13 GENTLEMAN?
18:15:17 HEARING NONE, THANK YOU VERY MUCH, SIR.
18:15:22 >> THANK YOU.
18:15:30 >>GUIDO MANISCALCO: ALL RIGHT, NEXT UP.
18:15:31 GO AHEAD, SIR.
18:15:32 PLEASE STATE YOUR NAME.
18:15:34 >> MY NAME IS JOE MURPHY.
18:15:36 >>GUIDO MANISCALCO: YES, SIR.
18:15:41 >> FIRST, I WANT TO POINT OUT THAT THE DENIAL LETTER
18:15:48 ACTUALLY STATED THAT THERE WAS NOT A HARDSHIP.
18:15:51 HOWEVER THIS REQUEST WAS NOT FOR HARDSHIP BECAUSE IT IS
18:15:55 NOT ASKING FOR A VARIANCE, IT IS ACTUALLY LOOKING AT
18:15:59 THE DESIGN AND MAKING SURE IT CONFORMS TO THE DESIGN
18:16:07 CRITERIA UNDER THE SEMINOLE HEIGHTS OVERLAY.
18:16:12 OF COURSE, THEY HAD -- THE ZONING ADMINISTRATOR AND HIS
18:16:15 DESIGNEE WAS SUPPOSED TO LOOK AT THE PROPERTY AND APPLY
18:16:19 THESE SEVEN STEPS TO DETERMINE IF IT WAS ACCEPTABLE OR
18:16:20 NOT.
18:16:23 HERE THE EXCEPTION NUMBER 1 OR A, ALL THE IMPROVEMENTS
18:16:28 ARE ON THE PROPERTY SO NO INJURY TO THE PUBLIC HEALTH,
18:16:31 SAFETY AND GENERAL WELFARE OF THE PUBLIC.
18:16:33 IT IS SELF-CONTAINED.
18:16:36 AND THE ONLY WAY TO GET ON THE PROPERTY IS IF THERE IS
18:16:37 A TRESPASS.
18:16:40 IT SHOULD BE NOTED THAT THE STRUCTURE HAS BEEN IN PLACE
18:16:41 FOR NINE YEARS.
18:16:44 THE EXCEPTION IS REASONABLE UNDER THE FRONT -- UNDER
18:16:47 THE SPECIALIZED CIRCUMSTANCES BECAUSE THE IMPROVEMENTS
18:16:52 AND STRUCTURES ARE USED TO ENJOY THE WATERFRONT AND
18:16:56 HELP SECURE ENVIRONMENT FOR THE HOMEOWNER AND THE
18:16:57 GRANDCHILDREN.
18:17:00 THE EXCEPTION PROVIDES THE ABILITY TO SEPARATE PRIVATE
18:17:03 AREA FROM THE NEIGHBOR'S POOL, SPA AND SMOKING AREAS
18:17:07 HVAC, POOL AND MECHANICAL SYSTEMS.
18:17:10 IT IS LESS INTRUSIVE THAN THE ADJACENT PROPERTY
18:17:13 IMPROVEMENTS AND SET THE BEST LOCATION TO PRESERVE THE
18:17:14 TOP OF THE BANK.
18:17:16 THE EXCEPTION MEETS THE GENERAL WELFARE.
18:17:21 AS WE MENTIONED EARLIER, THE INTENT OF CHAPTER 27 IS TO
18:17:26 PROVIDE SAFE AND ENJOYABLE ATMOSPHERE TO REAR CHILDREN
18:17:29 AND FOR THE HOMEOWNER.
18:17:33 THE EXCEPTION IS POSSIBLE THAT THE STRUCTURE IS INDEED
18:17:37 ATTACHED TO THE HOUSE TO PRESERVE THE NATURAL HABITAT
18:17:41 OF THE EXISTING PART OF THE BANK, NATURAL TREES AND
18:17:42 ENVIRONMENTAL HABITAT.
18:17:45 LESS INTRUSIVE OF SURROUNDING PROPERTIES AND NOT
18:17:46 ADJACENT.
18:17:49 THE APPROVAL OF THE EXCEPTION STANDARDS INCLUDE
18:17:52 CONDITIONS OF APPROVAL AS NECESSARY.
18:17:56 AND THERE WERE NO CONDITIONS IN THIS DENIAL.
18:17:58 AND THE EXCEPTING IS CONSISTENT WITH THE PLANS IN
18:17:58 PLACE.
18:18:01 THIS STRUCTURE DOES MATCH THE INITIAL DESIGN AND
18:18:06 AESTHETICS OF THE EXISTING HOME.
18:18:11 THE HARDSHIP, AGAIN -- THIS IS NOT A HARDSHIP CASE SO,
18:18:14 THEREFORE, WE WILL SKIP BEYOND THIS.
18:18:17 THIS IS JUST SOME HISTORY OF THE PARCEL.
18:18:21 THIS IS GULFSTREAM SPRINGS.
18:18:23 WE ARE LOOKING AT THE PROPERTY HERE, TO THE BLUE TO THE
18:18:25 TOP, THERE IS A TITLE DITCH.
18:18:31 AND THE YELLOW IS INDEED THE CANOPY THAT WAS INSTALLED.
18:18:35 AND THAT IS THE ONE THAT WE ARE LOOKING TO GET THE
18:18:42 EXCEPTION WITH REGARD TO THE SETBACKS.
18:18:45 THIS IS A -- FROM THE EPC.
18:18:48 THE REPORT THAT SHOWS THAT THEY CAME OUT.
18:18:50 DID A DELINEATION REPORT.
18:18:54 AND THAT -- IN THEIR NOTES, THE DEVELOPMENT DEPICTED IN
18:18:56 THE PLANS OCCURRED IN APPROXIMATELY 2011.
18:18:59 UPON INSPECTION OF THE SITE, NO VIOLATIONS OF CHAPTER
18:19:06 1-11 ARE EVIDENT, WHICH IS THE STATE WETLAND STATUTE.
18:19:09 THEY ALSO SAID THIS PROJECT WAS AS SUBMITTED IS
18:19:13 JUSTIFIED TO MOVE FORWARD THROUGH THE VARIANCE REVIEW
18:19:16 PROCESS IN THIS SITUATION TO REDUCE THE WETLAND
18:19:18 SETBACKS.
18:19:23 DURING THE -- THIS CASE INITIALLY WENT TO -- WENT TO
18:19:26 THE VARIANCE REVIEW BOARD AND THERE FOR SIX MONTHS OR
18:19:26 SO.
18:19:28 AND THEN IT WAS KICKED BACK.
18:19:32 DURING THE TIME IT WAS IN THE VARIANCE REVIEW BOARD
18:19:37 STAGE, A STAFF REPORT WAS ISSUED FROM THE NATURAL
18:19:41 RESOURCES DEPARTMENT, WHICH INDICATED THERE WAS AN OAK
18:19:45 TREE, BUT IT WAS NOT A GRAND OAK, AND THAT IT WAS
18:19:49 SUBMITTED TO EPC FOR REVIEW, AND NO EROSION OR
18:19:50 ENVIRONMENTAL CONCERNS.
18:19:53 BASED ON THE FACT THAT THE ENCROACHMENT OCCURRED OVER
18:19:55 FIVE YEARS AGO WITH NO APPARENT ENVIRONMENTAL
18:19:59 DEGRADATION, NATURAL RESOURCES FINDS THE REQUEST
18:20:02 CONSISTENT IN MEETING THE INTENT OF THE STATE --
18:20:03 CHAPTER.
18:20:06 THIS IS THE PROXIMITY MAP OF OWNERS WHO SUPPORT THE
18:20:10 PROPERTY -- THE PROJECT AND THE IMPROVEMENTS.
18:20:14 YOU SEE THE SUBJECT PROPERTY IN YELLOW ACROSS THE --
18:20:17 THE TIDAL DITCH ARE TWO INDIVIDUALS.
18:20:20 AND THEN THERE IS A PROPERTY OWNER, ONE HOUSE REMOVED
18:20:22 TO THE SOUTH.
18:20:25 AND THEN THERE ARE TWO ADDITIONAL PROPERTY OWNERS ON
18:20:26 THE STREET.
18:20:30 AGAIN, TO THE SOUTH OF THE PROPERTY.
18:20:33 THIS IS THE INTENT AND PURPOSE OF SECTION 27-2.
18:20:35 AGAIN, AS YOU CAN SEE, TO MAKE A MORE FAVORABLE
18:20:39 ENVIRONMENT TO REAR CHILDREN, TO STABILIZE AND ENHANCE
18:20:42 PROPERTY AND CIVIC VALUES.
18:20:45 WITH REGARDS TO THE SEMINOLE HEIGHTS REVISION, THE
18:20:49 INTENT IS -- IS TO PROVIDE THE MENTIONED REQUIREMENTS
18:20:53 OTHER THAN -- OTHER SITE SPATIAL RELATIONSHIPS TO THE
18:20:56 PROCEEDING WITHIN THE ESTABLISHED BLOCK AND GENERALLY
18:20:58 THE SURROUNDING AREAS.
18:21:00 AGAIN, THE SEVEN STEPS AGAIN.
18:21:05 HERE IT IS GOOD TO KNOW WHAT WE ARE TALKING ABOUT.
18:21:05 BUILDING ACCESSORY.
18:21:09 A DETACHED FORM AND ALSO AN ATTACHED FORM.
18:21:12 AND ALSO WE SHOULD BE LOOKING AT ACCESSORY STRUCTURES
18:21:17 WHERE THERE IS A COVERED WALKWAY ON AT LEAST TWO SIDES,
18:21:20 MAYBE ATTACHED TO THE STRUCTURE AS WELL AND THIS WILL
18:21:25 BE GIVEN FOR A BREEZEWAY.
18:21:28 WHEN THEY DID THE -- THE EVALUATION, THEY SHOULD HAVE
18:21:31 ACTUALLY LOOKED AT THE BUILDING MODEL.
18:21:36 AND IN THIS SITUATION, THE TYPE -- OR FORM TYPE OF THE
18:21:37 BUILDING IS ACTUALLY A RANCH.
18:21:45 AND IT IS CONSIDERED A MODERN -- A CONTEMPORARY MODERN.
18:21:48 THIS IS A GOOD PICTURE OF THAT IS IN THIS PICTURE HERE
18:21:53 IF WE CAN SWITCH OVER.
18:21:59 AND YOU CAN SEE -- ACTUALLY I AM GOING TO THROW UP
18:22:00 ANOTHER ONE.
18:22:04 YOU CAN SEE HERE THE SUBJECT PROPERTY RANCH STYLE, FLAT
18:22:07 ROOFS, LOW SLOPING ROOFS AND A SUBSTANTIAL AMOUNT OF
18:22:10 WINDOW SPACE IN THE FRONT OF THE PROPERTY.
18:22:15 APPROXIMATELY 60% OF THE FRONTAGE IS WINDOW AND DOOR
18:22:16 SPACE.
18:22:19 OKAY, SWITCH BACK, PLEASE.
18:22:25 SWITCH BACK, PLEASE.
18:22:28 GIVEN THAT IT IS A CONTEMPORARY MODERN, YOU CAN SEE
18:22:30 SOME OF THE CHARACTERISTICS OF THIS BUILDING FORM IS
18:22:33 THAT IT DOES HAVE CARPORT.
18:22:38 NORMALLY SEE WITH THE CARPORT, THE SIDE AND FRONT
18:22:42 ORIENTATION, CARPORT ROOF MAY BE INCORPORATED UNDER THE
18:22:45 SAME ROOF AS PRINCIPAL STRUCTURE, BUT MUST NOT PROJECT
18:22:50 FURTHER FROM THE PRINCIPAL FACADE FORWARD OF THE FRONT
18:22:53 OF THE PROPERTY.
18:22:56 HERE YOU CAN SEE AND THIS IS THE CONNECTION WHICH IS
18:23:01 THE STRUCTURAL CONNECTION FROM THE -- FROM THE COVER TO
18:23:03 THE -- TO PRIMARY BUILDING.
18:23:06 HERE ARE THE STRUCTURAL DRAWINGS AS SUBMITTED FROM THE
18:23:12 ENGINEER FROM THE MANUFACTURER OF THE -- OF COVER.
18:23:16 HERE IS THE WIND RATING.
18:23:19 THE COVER IS TO 138 MILES-PER-HOUR WIND GUST.
18:23:23 HERE ARE THE SETBACKS THAT ARE AVAILABLE TO THE
18:23:24 PROPERTY.
18:23:27 IF YOU TAKE A LOOK AT THE PRIMARY BUILDING THERE TO THE
18:23:31 LEFT, YOU WILL SEE THAT "F" IS FOR FRONT, "S" IS FOR
18:23:31 SIDE.
18:23:35 THERE ARE TWO FOOTNOTES UNDER FIVE.
18:23:40 THE FRONT TO SIDE BUILD TO LINE WHICH PROPERTIES ON
18:23:48 STREET SHOULD BE IN ALIGNMENT TO FRONT EXPOSURE AND
18:23:50 EITHER SIDE STOREFRONT.
18:23:55 AND IF THERE IS A SIDE -- THE MINIMUM SIDE SETBACK FOR
18:23:58 PORTE COCHERE, CARPORT OR THIS COVER WOULD BE THREE
18:24:00 FEET ON THE SIDE.
18:24:06 THE PROPERTY HAS RECEIVED APPROVAL TO REDUCE THE -- THE
18:24:08 SETBACKS.
18:24:15 AND THE WETLAND SETBACKS FROM 25 FEET TO 7 WOULD BE
18:24:18 AMPLE SPACE ON THE SIDE TO BE ABLE TO INSTALL THE
18:24:20 COVERED -- THE COVERED STRUCTURE.
18:24:22 THIS IS THE WALKWAY.
18:24:26 HOW IT SHOWS -- GIVEN ACCESS FROM THE FRONT OF THE
18:24:28 PROPERTY TO THE REAR.
18:24:31 YOU NOTICE THERE ON THE ROOF LINE, ALL THE PANELS RUN
18:24:35 HORIZONTALLY, A RIB AND PAN STRUCTURE THAT CHANNELS ALL
18:24:37 RAINWATER TO THE FRONT OF THE PROPERTY.
18:24:41 THIS IS THE -- THE FENCING THAT IS IN THE -- THE FRONT
18:24:42 OF THE BUILDING.
18:24:44 THE FENCING IS PVC.
18:24:47 AS A MATTER OF FACT, CODE ENFORCEMENT WAS CALLED ON MY
18:24:51 FENCING, AND THEY CAME AND INSPECTED IT AND APPROVED IT
18:25:00 FOR TYPE, MATERIALS, SIGHT, AND -- WHEN I SAY SIGHT,
18:25:02 MEANING IT IS NOT IN FRONT OF THE BLACK.
18:25:05 IT CAN BE A SIX-FOOT PVC FENCE.
18:25:08 THE IMPROVEMENTS MADE PROVIDE A SAFE AND LARGE PLAY
18:25:10 AREA FOR THE GRANDCHILDREN TO ENJOY.
18:25:14 IT ALSO PROVIDES OUTDOOR LIVING ENJOYMENT AND PET
18:25:15 SECURITY.
18:25:16 THESE ARE THE STREET VIEWS.
18:25:19 AS YOU CAN SEE DRIVING DOWN THE STREET, YOU DON'T SEE
18:25:20 THE IMPROVEMENT.
18:25:22 HERE IT IS ONCE YOU COME UP AT THE END OF THE STREET
18:25:25 LOOKING TO THE EAST.
18:25:28 AND THERE IS THE STRUCTURE.
18:25:33 THIS IS THE VIEW FROM 408 WEST FLORA, WHICH IS ACROSS
18:25:36 THE TIDAL DITCH, AND YOU CAN SEE THE FENCING.
18:25:42 AND THE STRUCTURE IS NOT HIGHER THAN THE PEAKS OF THE
18:25:45 EXISTING STRUCTURE.
18:25:47 VIEW FROM WEST FLORA.
18:25:51 AND YOU CAN BARELY SEE THE SHED THAT IS IN THE BACK
18:25:55 BECAUSE OF THE JASMINE FENCE THAT IS THERE.
18:25:57 THIS IS THE SHED ITSELF.
18:25:58 AS YOU CAN SEE IT IS NOT PORTABLE.
18:26:01 THERE ARE NO LIFTING POINTS.
18:26:04 THERE ARE NO WHEELS AND NO TONGUE TO MOVE IT ONCE IT IS
18:26:05 IN PLACE.
18:26:11 IT IS SITTING ON A PIER AND FLOOR JOIST SYSTEM AND
18:26:13 PERMANENTLY SECURED TO THE GROUND.
18:26:16 THESE ARE SOME EXAMPLES.
18:26:17 THIS IS ROBESON IN THE NEIGHBORHOOD.
18:26:20 THIS IS AT HENRY EIGHT BLOCKS AWAY.
18:26:26 THIS IS AT 398 WEST SLIGH, WHICH IS ACTUALLY 602 --
18:26:31 SORRY, 601 NORTH RIVER BOULEVARD, WHICH IS AT THE END
18:26:31 OF THE STREET.
18:26:34 THIS IS ANOTHER STRUCTURE WITHIN THE COMMUNITY, ABOUT
18:26:36 THREE BLOCKS AWAY ON DUNCAN.
18:26:40 AS YOU CAN SEE, AGAIN, THEY ARE USING ALUMINIUM AND
18:26:42 STEEL LEG SUPPORTS.
18:26:47 THIS ONE ON DUNCAN AVENUE ABOUT FOUR BLOCKS AWAY FROM
18:26:48 THE SUBJECT PROPERTY.
18:26:50 AS YOU CAN SEE, THERE IS ANOTHER STRUCTURE THERE WITH
18:26:55 THE ALUMINIUM ROOF AND THE STEEL LEGS.
18:26:57 AND THESE ARE JUST OTHER ONES.
18:27:03 THIS IS AT 308 WEST SLIGH WHICH IS 6905 NORTH OLA
18:27:06 AVENUE AND THE SAME STRUCTURE THAT I BUILT AND
18:27:09 INSTALLED ON THE -- ON MY PROPERTY.
18:27:11 I MEAN, IT IS THE EXACT SAME STRUCTURE.
18:27:14 HERE ARE THE OTHER STRUCTURES IN THE NEIGHBORHOODS THAT
18:27:18 ARE ADJACENT OR IN SEMINOLE HEIGHTS.
18:27:23 AS YOU CAN SEE, THERE ARE THREE DIFFERENT TYPES HERE.
18:27:27 THESE ARE THE IMPROVEMENTS THAT ARE ON THE DITCH
18:27:28 ITSELF.
18:27:33 THIS IS LOOKING ACROSS THE CANAL IN 2010.
18:27:36 IF YOU LOOK AT 2010, YOU CAN SEE ANOTHER BUILDING, OUR
18:27:40 SHED AT THE MOUTH OF THE TIDAL DITCH.
18:27:47 THIS IS THE NEW CONSTRUCTION THAT WAS BUILT -- CO THAT
18:27:50 WAS ALLOWED TO ENCROACH, FIVE FEET FROM TOP OF BANK AND
18:27:53 THE PRINCIPAL BUILDING IS 16 FEET FROM THE TOP OF THE
18:27:53 BANK.
18:27:57 THE MAIN STRUCTURE FURTHER INWARD IS ABOUT 18 FEET FROM
18:28:02 TOP OF BANK.
18:28:05 IN WAS THE PATIO THAT WAS BUILT AT THE MOUTH OF THE
18:28:07 TIDAL DITCH.
18:28:09 IT IS FULLY CONCRETE.
18:28:11 IT IS BUILT OVER THE ROOT SYSTEMS OF SOME PROTECTED
18:28:16 TREES AND RIGHT NOW PROBABLY CONSIDERED GRAND OAKS.
18:28:21 AGAIN, THIS IS THE PROXIMITY MAP OF WHO IS AGREED TO
18:28:22 SUPPORT.
18:28:25 AND THESE ARE THE LETTERS OF SUPPORT.
18:28:31 THIS IS BASICALLY A PETITION THAT WAS SENT OUT TRYING
18:28:36 TO GAIN SUPPORT FOR THE OPPOSITION.
18:28:42 IT TALKS ABOUT SCREEN FED CREEKS BUT NONE IN SEMINOLE
18:28:45 HEIGHTS AND SECONDLY, MR. GONZALEZ FAILED TO DISCLOSE
18:28:49 THAT HIS PRINCIPAL PATIOS AND EQUIPMENT ARE BUILT
18:28:52 WITHOUT APPROVAL IN THE WETLAND SETBACK.
18:28:57 THE BREAKDOWN OF THE PETITION, 17 SIGNATURES OUTSIDE OF
18:29:02 THE, FOUR RENTERS, TWO OWNERS, ONE ON OLA, ONE ON RIVER
18:29:02 BOULEVARD.
18:29:06 THAT ONE ON RIVER BOULEVARD ACTUALLY SUPPORTED MY
18:29:06 IMPROVEMENTS.
18:29:09 ONE FICTITIOUS ADDRESS, 6910.
18:29:13 NO 6910 NORTH RIVER BOULEVARD AND TWO PETITIONER
18:29:15 HOUSEHOLD SIGNATURES.
18:29:18 THE PICTURES THAT THEY TRIED TO SUBMIT.
18:29:24 THERE IS NO OBSTRUCTION OF EMERGENCY FIRE HYDRANTS OR
18:29:27 EMERGENCY SYSTEMS AS YOU CAN SEE HERE.
18:29:30 THE CAR THAT IS PARKED IS ENTIRELY ON THE PROPERTY WITH
18:29:32 CURRENT REGISTRATION.
18:29:35 TO THE RIGHT, YOU WILL SEE THE FENCING.
18:29:38 THIS IS TYPICAL PARKING ALSO IN FRONT OF THE HYDRANT
18:29:41 AND TO THE SIDE OF THE HOUSE.
18:29:46 THE FENCING THERE WAS -- HAS BEEN ADJUSTED BECAUSE WE
18:29:49 HAD A MAJOR STORM THAT CAME THROUGH AND IT SHIFTED.
18:29:53 AND WE MADE THE NECESSARY CORRECTIONS TO ENSURE ITS
18:29:55 SAFETY AND DURABILITY.
18:29:58 THESE ARE THE FIRE HYDRANTS IN OTHER PARTS.
18:30:02 YOU CAN SEE FIRE HYDRANTS HAVE THREE OPERATIONAL, TWO
18:30:06 TO PROVIDE WATER AND ONE FOR CLEAN-OUT AND THE BACK
18:30:08 SIDE IS PLACED ON PRIVATE PROPERTY TO PREVENT
18:30:12 TRESPASSING OR PROPERTY DAMAGE BY PERSONNEL
18:30:15 ADMINISTERED -- MR. GONZALEZ KNOWS THIS AS BEING A
18:30:17 FIREMAN FOR 30 YEARS.
18:30:19 THESE ARE OTHER PHOTOS THAT WERE THERE.
18:30:26 YOU CAN SEE TO THE LEFT, A PHOTOSHOPPED PICTURE OF THE
18:30:31 RIVER OF THE TIDAL DITCH OF WATER FLOW 700,000 GALLONS
18:30:38 BETWEEN -- BETWEEN 200,000 GALLONS AND 700,000 GALLONS
18:30:42 A DAY, THIS REALITY THE RIVER DITCH AT LOW TIDE IS NO
18:30:46 SIZABLE OR SIGNIFICANT WATER FLOW EXCEPT FROM THE MAJOR
18:30:52 WATER SOURCES WHICH IS A FLOW FROM A KOI POND AND A --
18:30:55 AND A DRAINAGE PIPE.
18:30:57 A 18-FOOT DRAINAGE PIPE.
18:31:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
18:31:01 >> THANK YOU.
18:31:02 >>GUIDO MANISCALCO: THANK YOU.
18:31:03 ALL RIGHT.
18:31:05 NEXT PRESENTER.
18:31:09 ARE THERE ANY QUESTIONS FROM COUNCIL AT THIS TIME?
18:31:10 ALL RIGHT, HEARING NONE.
18:31:17 NEXT PRESENTER PLEASE.
18:31:55 GO AHEAD, SIR.
18:31:56 >> THANK YOU.
18:32:00 AND IF I COULD HAVE SOME HELP FROM ELECTRONICS FROM THE
18:32:00 THIRD FLOOR.
18:32:03 I CAN SEE MYSELF, BUT I CAN'T SEE COUNCIL.
18:32:05 IS THAT THE WAY IT IS GENERALLY GOING TO BE.
18:32:08 >>GUIDO MANISCALCO: YOU DON'T SEE US ON THE SCREEN?
18:32:10 >> NOW I CAN SEE YOU IN THE BOTTOM SCREEN.
18:32:12 THANK YOU SO MUCH.
18:32:18 DERRILL MCATEER, PHIPPS DUNBAR, 100 ASHLEY BOULEVARD
18:32:22 REPRESENTING MICHAEL GONZALEZ WHO IS THE APPELLANT --
18:32:24 NOT THE APPELLANT.
18:32:28 HE IS THE -- THE PETITIONER -- SORRY.
18:32:31 HE IS THE OPPONENT TO THE APPEAL IN THE CASE.
18:32:32 WE HAVE TWO OF THEM.
18:32:34 THEY ARE VERY INTERRELATED.
18:32:37 MUCH OF -- AND TO THAT POINT, MUCH OF WHAT YOU JUST
18:32:41 HEARD WAS NOT RELEVANT TO THIS PARTICULAR CASE.
18:32:44 YOU HAD A 60-PLUS-PAGE POWERPOINT.
18:32:47 SOME OF WHICH HAD SLANDER IN IT, THAT HAD NOTHING TO DO
18:32:51 WITH THE FACT THESE ARE MAJOR VIOLATIONS OF THE
18:32:53 REQUIRED CITY BUILDING SETBACKS.
18:32:55 HERE IS WHAT IS IMPORTANT.
18:33:01 MR. MURPHY MUST MEET ALL SIX FACTORS OF SECTION 27-60.
18:33:02 THE STAFF IS REQUIRED TO CONSIDER.
18:33:06 IN THE CODE, IT SAYS THE WORD "AND" AFTER EACH
18:33:12 SENTENCE, A THROUGH F.
18:33:15 YOU DON'T GET TO PICK AND CHOOSE WHICH ONE YOU MEET.
18:33:16 YOU HAVE TO MEET ALL OF THEM.
18:33:21 MR. MURPHY SHOWED THE RECORD DEED PURCHASED IN 2010 AND
18:33:23 PROCEEDED TO START BUILDING IN THE SETBACKS AND
18:33:26 CONSTRUCTING A SECOND DRIVEWAY PART OF WHICH WAS
18:33:28 REMOVED WITHOUT HARM TO THE PROPERTY.
18:33:30 SOME OF IT STILL REMAINS WHICH IS THE SUBJECT OF OUR
18:33:32 ISSUE TODAY.
18:33:36 AND IF I CAN HAVE THE OVERHEAD PROJECTOR ACTIVATED.
18:33:37 GREAT.
18:33:40 I WILL JUST PUT THE DECISION LETTER ON SO THE FACTORS.
18:33:46 THE A-F FACTORS ARE VISIBLE WHILE I AM SPEAKING.
18:33:50 BUT, AGAIN, THESE IMPROVEMENTS WERE CONSTRUCTED AFTER
18:33:53 MR. MURPHY PURCHASED THE PROPERTY IN 2010.
18:33:56 THIS IS A SELF-IMPOSED HARDSHIP.
18:33:59 HE BROKE THE LAW, HID IN THE CORNER AND HOPED HE
18:34:01 WOULDN'T GET CAUGHT FOR YEARS.
18:34:05 HE WAS FINALLY CITED AND ONLY TOOK CORRECTIVE ACTION
18:34:08 WHEN HE WAS CITED IN 2019, TWICE.
18:34:11 THE FACT THAT IT TOOK YEARS FOR THE VIOLATION TO BE
18:34:14 DISCOVERED AS HE NOTES IN HIS POWERPOINT HIMSELF SHOULD
18:34:17 NOT BE A FACTOR IN HIS FAVOR.
18:34:20 THE GENERAL WELFARE OF THE PUBLIC IS EXACTLY WHAT IS AT
18:34:21 STAKE HERE.
18:34:25 I AM TALKING ABOUT FACTOR A.
18:34:27 IF THIS STRUCTURE IS ALLOWED TO REMAIN, YOU WILL HAVE
18:34:30 HUNDREDS MORE VIOLATIONS MIMICKING IT.
18:34:33 I AM NOT TALKING ABOUT STRUCTURES IN BACKYARDS WHERE
18:34:34 THIS MIGHT WELL BELONG.
18:34:39 I AM TALKING ABOUT STRUCTURES IN A NARROW SIDE YARD,
18:34:42 THE SIDE YARD QUARTERBACKS.
18:34:45 THE REQUESTED ENCROACHMENT IS INCONSISTENT WITH ANY
18:34:49 POLICY GOVERNING THE SITE AND I WILL GET TO THAT WHEN
18:34:51 WE LOOK AT THE FACTORS.
18:34:54 THE COMPLETE ELIMINATION.
18:35:00 THIS ISN'T REDUCED BUT HE HAS ELIMINATED THE BUILDING
18:35:01 SETBACKS.
18:35:05 LOOK AT STAFF REPORT, SUCH A REQUEST IS NOT MINOR
18:35:06 IMPACTS.
18:35:07 THOSE WORDS HAVE MEANING.
18:35:11 THE WHOLE IDEA OF THE DESIGN EXCEPTION IS TO GIVE
18:35:17 ELASTICITY -- ELASTICITY TO THE CODE IF SOMETHING GOES
18:35:20 ONE WAY OR THE OTHER AND NOT MAJOR, MAYBE WE CAN ALL
18:35:20 LIVE WITH IT.
18:35:22 THIS IS NOT MINOR.
18:35:23 STAFF AGREES.
18:35:26 WE CERTAINLY AGREE WITH THAT.
18:35:28 FACTOR B.
18:35:33 IN 27-60, REASONABLE ALLOWANCE OF USE OF SPECIFIC
18:35:34 CIRCUMSTANCES OF APPLICATION.
18:35:38 NO REASONABLE ALLOWANCE OF A USE THAT RESULTS IN A
18:35:45 35-FOOT INCURSION INTO THE SETBACK FOLLOWED BY OTHER
18:35:47 NEIGHBORS OF THE NEIGHBORHOOD AND COMPLETE ELIMINATION
18:35:49 OF BUILDING SETBACKS.
18:35:52 ACTUALLY ADDITIONAL REDUCTION IN SETBACK.
18:35:57 THE POINT, MAJOR INCURSIONS INTO THE SETBACKS.
18:36:00 AND THE APPEALED DESIGN EXCEPTION WOULD BE INCONSISTENT
18:36:02 WITH THE FOLLOWING POLICIES OF CITY OF TAMPA
18:36:04 COMPREHENSIVE PLAN.
18:36:07 THE COMPREHENSIVE PLAN STATES IN THE INTRODUCTION ON
18:36:10 PAGE 8, SUCCESSFUL CITY BUILDING, EVERYTHING IS
18:36:13 INTERCONNECTED AND IN CONTEXT TO EVERYTHING ELSE.
18:36:15 A COMPREHENSIVE PLAN IS SUPPOSED TO BE A GENERAL GUIDE
18:36:17 TO DO JUST THAT.
18:36:20 ONE COMPONENT OF THE PLAN CAN NOT BE VIEWED SINGULARLY
18:36:24 WITHOUT TAKING ALL FACETS OF THE PLAN INTO
18:36:24 CONSIDERATION.
18:36:26 THE NATURE AND INTENT OF THE COMP PLAN.
18:36:29 IN OTHER WORDS, THE INTENT OF THE COMPREHENSIVE PLAN IS
18:36:32 CONSISTENCY, HARMONY AND COMPLIANCE WITH ALL
18:36:35 REGULATIONS, NOT JUST THOSE THAT ARE CONVENIENT.
18:36:39 MR. MURPHY ERRONEOUSLY CITES CONVENIENCE AS A FACTOR
18:36:43 FOR THIS ACCESSORY BUILDING.
18:36:48 LAND USE POLICY 1.2.3, RELATE NEW BUILDING AND
18:36:51 BUILDINGS IN CONTEXT OF THE NEIGHBORHOOD AND COMMUNITY.
18:36:54 IN THIS COMMUNITY, BUILDINGS -- STRUCTURES LIKE THIS DO
18:36:56 EXIST BUT THEY ARE IN THE BACK YARD.
18:37:01 NOT ILLEGALLY JAMMED INTO THE SIDE OF THE HOUSE AND
18:37:05 INTO THE SIDE-YARD SETBACK AND THEN HIDDEN FOR EIGHT
18:37:09 YEARS UNTIL THEY GET POPPED BY CODE ENFORCEMENT AND WE
18:37:10 END UP WHERE WE ARE TONIGHT.
18:37:14 LAND USE POLICY 1.2.16.
18:37:16 PROMOTE PHYSICAL ENVIRONMENTS OF THE HIGHEST QUALITY
18:37:19 WHICH EMPHASIZE THE SPECIAL IDENTITY OF EACH OF THE
18:37:20 CITY'S NEIGHBORHOODS.
18:37:21 THIS IS NOT THE HIGHEST QUALITY.
18:37:26 THIS IS JAMMED WHATEVER I CAN GET THE CHEAPEST INTO MY
18:37:27 YARD IN THE WRONG SPOT.
18:37:28 THAT IS WHAT HE DID.
18:37:32 THIS -- IF IT BELONGS ANYWHERE AND UP TO COUNCIL, IT
18:37:33 BELONGS IN THE BACK YARD.
18:37:35 HE HAS PLENTY OF ROOM BACK THERE.
18:37:36 IT IS A LARGE LOT.
18:37:38 IT IS LARGER THAN THE OTHER LOTS IN THE PLATTED
18:37:41 SUBDIVISION AND IN PART, PROBABLY BECAUSE THE CREEK WAS
18:37:41 THERE.
18:37:45 BUT HE COMPLAINS HE HAS SOME SORT OF HARDSHIP BECAUSE
18:37:49 HIS LOT IS IRREGULAR SHAPE.
18:37:52 YES, BIGGER THAN ANYBODY ELSE'S ON HIS SIDE OF THE
18:37:52 STREET.
18:37:56 MR. MURPHY'S POINTS OF HOW THE BUILDING IMPROVES HIS
18:37:58 LIFE IS NOT RELEVANT TO THE COMPREHENSIVE PLAN.
18:38:02 HE PRESENTED NO EVIDENCE ENHANCED HIS HOME VALUE AS
18:38:05 STATED IN THE POWERPOINT.
18:38:09 MORE LIKELY THAT THE ILLEGAL BUILDING DIMINISHES THE
18:38:12 VALUE OF THE NEIGHBORHOOD AND IT IS UNSAFE.
18:38:16 SO GO ON TO FACTOR D, THE EXCEPTION IS THE MINIMAL
18:38:19 POSSIBLE EXCEPTION UNDER SPECIFIC CIRCUMSTANCES.
18:38:23 THIS -- SOME OF THESE ARE LIKE ARGUING THE SKY IS BLUE.
18:38:24 IT IS BLUE.
18:38:24 YOU KNOW.
18:38:28 AND INCONSISTENT ACCESSORY STRUCTURE BUILDING
18:38:32 CONSTRUCTED WITHOUT A PERMIT WHICH ENCROACHES DEEP INTO
18:38:35 THE FRONT-YARD SETBACK AND ELIMINATES STRUCTURAL
18:38:39 SETBACKS TO ZERO CANNOT BE GIVEN AN EXEMPTION UNDER THE
18:38:40 DESIGN EXEMPTION.
18:38:43 THIS IS NOT ELASTICITY OF THE CODE OR A BREAK FOR
18:38:46 SOMEBODY HAS A MINOR INFRINGEMENT.
18:38:50 THIS IS MAJOR CONSTRUCTION DONE ON THE QUIET THAT IS
18:38:53 NOW ILLEGAL AND HE GOT CAUGHT AND, AGAIN, WE ARE HERE
18:38:53 TONIGHT.
18:38:57 FACTOR E, THE APPROVAL OF THE EXCEPTION OF STANDARDS
18:38:59 INCLUDES CONDITIONS OF APPROVAL AS NECESSARY TO ENSURE
18:39:04 THAT THE ADJUSTMENT GRANTED DOES NOT CONSTITUTE A
18:39:05 SPECIAL PRIVILEGE.
18:39:06 THERE WAS NO APPROVAL.
18:39:07 IT WAS DENIAL.
18:39:14 THE DENIAL WAS JUSTIFIED BY THE DECISION.
18:39:16 THE ACCESSORY BUILDING WAS CONSTRUCTED AND INSTALLED
18:39:20 WITH COMPLETE -- NOT JUST SOME DISREGARD FOR THE CODE,
18:39:22 BUT COMPLETE DISREGARD FOR THE CODE.
18:39:26 EVEN AFTER CITY CODE ENFORCEMENT ISSUED CITATIONS IN
18:39:31 2019, THE CARPORT WAS NOT REMOVED AND RELOCATED AS HE
18:39:32 COULD EASILY DO.
18:39:33 ER IN ALUMINIUM.
18:39:34 THEY ARE LIGHT.
18:39:35 HE COULD HAVE MOVED IT.
18:39:36 HE DIDN'T.
18:39:38 HE WANTED TO HAVE HIS HEARINGS.
18:39:41 THE FACT THERE ARE MULTIPLE PROPERTIES THAT MIGHT ALSO
18:39:43 BE IN VIOLATION SOMEWHERE ELSE IN SEMINOLE HEIGHTS,
18:39:45 THAT ISN'T THE POINT.
18:39:49 THAT IS NOT A HARDSHIP JUST BECAUSE SOMEBODY ELSE IS
18:39:50 GUILTY DOWN THE STREET.
18:39:52 WE WILL DEAL WITH THEM LATER AS WELL.
18:39:56 JUST THE FACT WE FOCUS ON THIS SITE AND THIS ILLEGAL
18:40:00 SIDE YARD SETBACK VIOLATION, MAJOR ENCROACHMENT INTO
18:40:01 THE SETBACK.
18:40:04 FINALLY, FACTOR F, THE EXCEPTION IS CONSISTENT WITH ANY
18:40:08 APPLICABLE SPECIFIC PLANS FOR THE SUBJECT PROPERTY.
18:40:14 THERE IS NOTHING -- THIS IS IN NO WAY CONSISTENT WITH
18:40:16 THE SEMINOLE HEIGHTS OVERLAY WHICH IS TO PROTECT THE
18:40:18 HISTORIC SEMINOLE HEIGHTS NEIGHBORHOOD AND THE
18:40:19 CHARACTER OF THE NEIGHBORHOOD.
18:40:24 NOWHERE DOES IT SAY YOU CAN GO IN, IGNORE THE BUILDING
18:40:29 SETBACKS AND MAJOR INFRINGEMENT IN THE FRONT YARD
18:40:32 SETBACKS WITH A CARPORT AND HISTORIC AND A THEME WITH
18:40:36 PRESERVATION OF SEMINOLE HEIGHTS, OF THE SEMINOLE
18:40:37 HEIGHTS OVERLAY.
18:40:40 STAFF NOTED IN ITS DENIAL LETTER THAT THE DEVELOPMENT
18:40:43 DOES NOT ENHANCE THE SEMINOLE HEIGHTS DESIGN DISTRICT.
18:40:44 STAFF SAID THAT.
18:40:48 COMPETENT SUBSTANTIAL EVIDENCE.
18:40:51 YOUR OWN STAFF'S OPINION IS COMPETENT SUBSTANTIAL
18:40:52 EVIDENCE.
18:40:55 IT DOES NOT MATCH ANY AESTHETIC OF THE HOME.
18:40:56 AN AFTERMARKET PURCHASE.
18:40:59 THE IDEA THIS IS SOMEHOW TIED TO THE AESTHETICS IS
18:41:05 ABSOLUTELY ABSURD, SOMETHING YOU BUY AT HOME DEPOT AND
18:41:07 ASSEMBLED AND BOLTED TO THE GROUND AND CAN BE
18:41:09 DISASSEMBLED JUST AS EASILY.
18:41:12 SO IN CONCLUSION, AS TO THIS STRUCTURE.
18:41:15 AND WE WILL BE BACK -- A LOT OF THINGS IN THE
18:41:19 POWERPOINT THAT GOES TO CASE 148.
18:41:22 NO COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT
18:41:23 OVERTURNING STAFF.
18:41:26 STAFF'S APPROVAL GIVES YOU ALL -- STAFF'S DENIAL,
18:41:30 EXCUSE ME -- STAFF'S DENIAL AND THE EVIDENCE IN THAT
18:41:33 LETTER AND WHAT I SAID TONIGHT GIVES YOU EVERYTHING YOU
18:41:35 NEED TO UPHOLD THE DENIAL.
18:41:39 STAFF'S DECISION SHOULD BE UPHELD AND THE APPEAL SHOULD
18:41:39 BE DENIED.
18:41:40 THANK YOU.
18:41:41 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:41:42 ANY QUESTIONS OR COMMENTS?
18:41:49 >> I WOULD LIKE TO CONFIRM WITH MY CLIENT VERY BRIEFLY.
18:41:50 WE ARE ALL RIGHT.
18:41:52 COUNCIL HAVE ANY QUESTIONS FOR ME?
18:41:55 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS?
18:41:58 IF NOT GO TO PUBLIC COMMENT.
18:42:02 >>MARTIN SHELBY: MR. CHAIRMAN, WE ARE AT NUMBER 6.
18:42:04 >>GUIDO MANISCALCO: WE HEARD BOTH SIDES OF THE
18:42:05 ARGUMENT.
18:42:06 >>MARTIN SHELBY: OKAY, I AM SORRY.
18:42:08 IT HAS BEEN A LONG DAY.
18:42:10 ABSOLUTELY.
18:42:12 >>GUIDO MANISCALCO: DO WE HAVE ANYBODY FOR PUBLIC
18:42:13 COMMENT AT THIS TIME?
18:42:15 YOU HAVE THREE MINUTES TO SPEAK.
18:42:19 AND WE ARE GOING TO SANITIZE THE LECTERN AFTER EACH
18:42:25 SPEAKER FOR EVERYONE'S SAFETY.
18:42:27 YES, MA'AM.
18:42:30 >> WE HAVE TWO PEOPLE IN THE AUDIENCE WHO WOULD LIKE TO
18:42:31 SPEAK ON THIS ITEM.
18:42:32 >>GUIDO MANISCALCO: VERY GOOD.
18:42:36 IF YOU WOULD LIKE TO SPEAK, APPROACH THE LECTERN AT
18:42:37 THIS TIME.
18:42:40 IF YOU HAVEN'T BEEN SWORN IN, I BELIEVE WE HAVE SWORN
18:42:41 ANYBODY.
18:42:43 >> YES, THEY HAVE ALL BEEN SWORN IN.
18:42:44 >>GUIDO MANISCALCO: WE ARE GOOD?
18:42:45 YES, SIR.
18:42:46 HE WAS SWORN IN.
18:42:47 PLEASE STATE YOUR NAME.
18:42:48 YOU HAVE THREE MINUTES.
18:42:49 >> AARON MURPHY.
18:42:52 I AM JOE MURRAY'S SON, AND I'M HERE TO TALK ABOUT MY
18:42:55 SONS, AARON AND MAGUIRE.
18:42:58 THEY REALLY ENJOY GOING TO THEIR GRANDFATHER'S HOUSE
18:43:01 AND OUTSIDE HIS SIDE YARD OF THE SIDE SETBACK THAT THEY
18:43:05 ARE FOCUSING ON IS WHERE THE TIDAL DITCH LIES AND THE
18:43:09 ONLY BIT OF EXISTING NATURE IN THE NEIGHBORHOOD AND ON
18:43:09 HIS PROPERTY.
18:43:11 I AM A PROFESSIONAL SURVEYOR.
18:43:15 HIS PROPERTY SURVEYS -- EXTENDS APPROXIMATELY 20 FEET
18:43:16 INTO THAT DITCH.
18:43:19 SO IF YOU COULD TAKE A SIDE SETBACK FROM HIS PHYSICAL
18:43:21 PROPERTY LINE IT WOULD BE A DIFFERENT STORY.
18:43:23 BUT TAKING FROM THE TOP OF BANK OF THE 20 FEET TAKEN
18:43:27 AWAY FROM HIS PROPERTY FROM SAID TIDAL DITCH.
18:43:29 THEY REALLY ENJOY BEING OUTSIDE.
18:43:32 THEY ENJOY THE NATURE HAVING A COVERED STRUCTURE TO
18:43:35 STAY OUT OF THE HEAT, RAIN AND ELEMENTS WHILE THEY PLAY
18:43:38 OUTSIDE IS A VERY GOOD THING FOR MY KIDS.
18:43:40 SO I JUST WANTED TO MAKE SURE EVERYONE KNEW THAT BEFORE
18:43:45 WE TALK ABOUT THE STRUCTURES AND SOMETHING FROM HOME
18:43:45 DEPOT.
18:43:46 EXCEPT THIS WASN'T.
18:43:50 IT WAS DESIGNED BY AN ENGINEER.
18:43:54 DESIGN PLANS AND MITIGATION FORMS WHICH IS NOT WHAT
18:44:02 WOULD YOU GET FROM A CHEAP-O $99 HOME DEPOT DEAL.
18:44:06 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:44:07 ALL RIGHT.
18:44:20 NEXT SPEAKER, PLEASE.
18:44:23 YES, MA'AM, GO AHEAD AND STATE YOUR NAME.
18:44:27 >> MY NAME IS SUZANNE STENETT.
18:44:30 I LIVED AT THE PROPERTY 6915 NORTH RIVER BOULEVARD FOR
18:44:32 APPROXIMATELY EIGHT YEARS.
18:44:35 THIS STRUCTURE WAS THERE AT THE BEGINNING.
18:44:41 I HAVE NOT SEEN ANY DAMAGE TO THE AREA CAUSED BY THIS
18:44:46 STRUCTURE, ANY -- THE STRUCTURE IS VERY -- IS HARDLY
18:44:49 VISIBLE WHEN YOU COME DOWN THE STREET.
18:44:54 IT IS -- IT DOES PROVIDE US WITH AN AREA TO RELAX
18:44:57 ALONGSIDE THE DITCH AREA WHERE THERE IS VEGETATION AND
18:45:03 WILDLIFE THAT WE HAVE SEEN, MANATEES AT HIGHER TIDES.
18:45:06 IT IS ENJOYABLE TO SEE THAT THAT IS THERE.
18:45:09 AND THERE HAS BEEN NO DAMAGED CAUSE BY ANY OF THE
18:45:13 STRUCTURES THAT ARE ON THE -- ON THE LOT.
18:45:18 AND THAT IS -- THAT HAS BEEN MY OBSERVATION OVER THE
18:45:19 PAST EIGHT YEARS.
18:45:19 THANK YOU.
18:45:22 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:45:23 ALL RIGHT.
18:45:27 DO WE HAVE ANY ADDITIONAL COMMENTS BY STAFF?
18:45:29 FROM STAFF?
18:45:32 >>CATE WELLS: MR. CHAIRMAN, THIS IS CATE WELLS FOR THE
18:45:32 RECORD.
18:45:36 ONE COMMENT, MR. DERRILL MCATEER IN HIS PRESENTATION
18:45:40 MADE A REFERENCE THIS IS A SELF-IMPOSED HARDSHIP.
18:45:42 I WANT TO CLARIFY FOR THE RECORD THAT THE ITEM BEFORE
18:45:47 IS YOU NOT BASED UPON A VARIANCE WHERE TYPICALLY YOU
18:45:50 ARE DEALING WITH THE CONCEPT OF HARDSHIP AND THIS IS
18:45:54 BEFORE YOU BASED ON AN APPEAL OF A DENIAL OF A DESIGN
18:45:55 EXCEPTION.
18:45:59 THE CRITERIA IN 27-60 WOULD APPLY AND THE CONCEPT OF A
18:46:02 SELF-IMPOSED HARDSHIP IS NOT RELEVANT.
18:46:03 THANK YOU.
18:46:04 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:46:07 WE NOW GO TO REBUTTAL FROM THE APPLICANT.
18:46:09 I BELIEVE THE GENTLEMAN IS AT THE LECTERN.
18:46:10 YES --
18:46:11 >> YES.
18:46:13 >>GUIDO MANISCALCO: BEFORE YOU BEGIN.
18:46:19 COUNCILMAN DINGFELDER, YES?
18:46:21 DINGFELDER?
18:46:24 >>JOHN DINGFELDER: WE HAVE BEEN INSTRUCTED TO ASK
18:46:30 QUESTIONS BEFORE REBUTTAL, SO I HAVE A FEW.
18:46:33 MR. COTTON.
18:46:36 >>ERIC COTTON: YES, SIR.
18:46:39 >>JOHN DINGFELDER: TO THE BEST OF YOUR KNOWLEDGE, WERE
18:46:45 ANY BUILDING PERMITS AND OR ANY OTHER TYPE OF CITY
18:46:48 PERMISSIONS SOUGHT OR GRANTED FOR THIS WHEN IT WAS
18:46:50 ORIGINALLY CONSTRUCTED?
18:46:51 >>ERIC COTTON: NO, SIR.
18:46:55 MY UNDERSTANDING IT WAS INSTALLED WITHOUT ANY BUILDING
18:46:55 PERMITS.
18:46:58 >>JOHN DINGFELDER: IS THIS THE TYPE OF STRUCTURE THAT
18:47:00 TYPICALLY WOULD REQUIRE BUILDING PERMITS?
18:47:02 >>ERIC COTTON: THAT IS MY UNDERSTANDING.
18:47:05 I DON'T WORK IN THE PERMITTING OFFICE, AND I DON'T WANT
18:47:09 TO STATE ANYTHING THAT IS NOT CORRECT, BUT THAT IS MY
18:47:10 UNDERSTANDING.
18:47:13 >>JOHN DINGFELDER: IF THE HOMEOWNER OR WHOEVER PUT
18:47:14 THIS UP.
18:47:16 I DON'T KNOW IF IT WAS THIS HOMEOWNER OR THE
18:47:20 PREDECESSOR SOUGHT BUILDING PERMITS, WOULD THE SIDE
18:47:27 SETBACK OR THE WETLAND SETBACK ISSUES BEEN ADDRESSED AT
18:47:28 THAT TIME?
18:47:30 >>ERIC COTTON: THEY SHOULD BEEN, YES.
18:47:33 >>JOHN DINGFELDER: IN A TYPICAL SCENARIO, TAKING A
18:47:37 BUILDING PERMIT WOULD TRIGGER A SITE PLAN REVIEW AND A
18:47:38 ZONING REVIEW, CORRECT?
18:47:40 >>ERIC COTTON: CORRECT.
18:47:42 THE ZONING AND SITE PLAN REVIEW ARE DONE BY THE
18:47:44 PERMITTING OFFICE.
18:47:47 THE ZONING OFFICE IS ONLY INCLUDED WHEN QUESTIONS COME
18:47:50 BEFORE US.
18:47:52 AND JUST FOR CLARIFICATION.
18:47:55 I KNOW MR. MURPHY INDICATED ATTACHED TO THE BUILDING
18:47:58 HIS APPLICATION IS WHAT I WAS LOOKING AT DURING THE
18:48:00 PRESENTATION SPECIFICALLY STATES FOR A DETACHED
18:48:00 STRUCTURE.
18:48:03 SO NOTHING IN STAFF'S UNDERSTANDING THIS WAS PHYSICALLY
18:48:06 ATTACHED TO THE BUILDING.
18:48:08 >>JOHN DINGFELDER: WOULD IT HAVE MADE A DIFFERENCE IN
18:48:11 THE EVALUATION OF THE CASE?
18:48:14 >>ERIC COTTON: WOULD THE SETBACKS WOULD HAVE BEEN
18:48:14 DIFFERENT.
18:48:17 IF IT WAS ATTACHED TO THE BUILDING, IT WAS JUST AN
18:48:19 EXTENSION, THEN THE BUILDING DEPARTMENT WOULD
18:48:21 CONSIDERED IT AS ONE STRUCTURE.
18:48:25 IT WAS TRULY -- TRULY JUST ONE STRUCTURE, THEN THE
18:48:27 SETBACKS WOULD BE DIFFERENT.
18:48:31 IT WOULD BE ON BUILD TO ON SEMINOLE HEIGHTS AND SITE
18:48:32 WOULD HAVE BEEN SEVEN FEET.
18:48:35 THERE WOULD BE NO BUILDING SEPARATION.
18:48:38 BUT AS FAR AS -- FROM THE ZONING SIDE LOOKING AT THIS
18:48:42 AND LOOKING AT THE DEFINITIONS OF ACCESSORY STRUCTURE,
18:48:45 ZONING WOULD CONSIDER THIS TO BE AN ACCESSORY
18:48:46 STRUCTURE.
18:48:50 SUBORDINATE TO THE USE OF THE PROPERTY SINGLE-FAMILY
18:48:54 HOME AND THE MAIN STRUCTURE A SINGLE-FAMILY HOUSE.
18:48:57 >>JOHN DINGFELDER: WOULD IT STILL BE IN VIOLATION AND
18:49:00 STILL REQUIRE A DESIGN EXCEPTION UNDER THAT -- UNDER
18:49:04 THAT OTHER SCENARIO OF DETACHED?
18:49:06 >>ERIC COTTON: WELL, DETACHED IS WHAT IT WAS
18:49:07 CONSIDERED FOR.
18:49:09 ATTACHED, IT WOULD HAVE MET --
18:49:11 >>JOHN DINGFELDER: I GOT IT BACKWARDS.
18:49:12 >>ERIC COTTON: OKAY.
18:49:14 >>JOHN DINGFELDER: IF IT HAD COME IN AS ATTACHED,
18:49:16 WOULD WE STILL BE HERE TODAY?
18:49:19 WOULD THEY BE REQUIRED TO SEEK A DESIGN EXCEPTION?
18:49:21 >>ERIC COTTON: I WOULD HAVE TO LOOK AT THE SITE PLAN.
18:49:25 I BELIEVE IT WOULD HAVE MET THE REQUIRED SETBACKS OF
18:49:27 THE BUILD-TO AND THE SIDE YARD.
18:49:29 YOU HAVE TO LOOK AT THE SITED PLAN.
18:49:34 I CAN'T ANSWER THAT.
18:49:36 BEAR WITH ME.
18:49:38 >>JOHN DINGFELDER: PROBABLY SHOULD RESOLVE SOME OF
18:49:39 THAT.
18:49:40 >>ERIC COTTON: EVEN ON THE SITE PLAN.
18:49:44 THE SITE PLAN SHOWS SEVEN-FOOT -- THE PROPERTY GOES TO
18:49:48 THE OTHER SIDE OF THE BANK -- OR INTO THE WETLAND --
18:49:52 INTO THE STREAM OR WHATEVER THAT TIDAL DITCH IS.
18:49:55 SO WE HAVE MET THE REQUIRED SIDE YARD AND PROBABLY THE
18:49:56 FRONT YARD.
18:50:00 >>JOHN DINGFELDER: HOW ABOUT THE WETLAND SETBACK?
18:50:02 >>ERIC COTTON: THAT IS A SEPARATE CASE.
18:50:06 I AM NOT SURE IF WE SHOULD DISCUSS THAT YET OR NOT.
18:50:08 >>JOHN DINGFELDER: WE HAVEN'T JOINED THOSE CASES
18:50:09 TOGETHER?
18:50:12 >>CATE WELLS: NO, THE QUESTIONERS IN EACH CASE ASKED
18:50:16 THAT THE -- PETITIONERS IN EACH CASE ASKED THAT THE
18:50:19 CASES BE SEPARATED AND WE HONORED THAT REQUEST AND DID
18:50:23 NOT COMBINE THEM.
18:50:26 >>JOHN DINGFELDER: MISS WELLS, PROCEDURALLY, WHERE
18:50:28 DOES THAT LEAVE US?
18:50:34 IT APPEARS THAT THE PETITIONER'S TESTIMONY AND AT LEAST
18:50:38 ONE HIS PICTURES SHOW ATTACHED.
18:50:42 BUT HIS APPLICATION IS DETACHED.
18:50:46 SEEMS TO BE A LITTLE BIT OF -- THROW THINGS UP IN THE
18:50:48 AREA LITTLE BIT.
18:50:51 >>CATE WELLS: IT IS CERTAINLY NEW INFORMATION FOR
18:50:52 STAFF.
18:50:57 I GUESS MY QUESTION FOR MR. COTTON IS GIVEN WHAT WAS
18:51:02 PRESENTED, IS STAFF CONSIDERING THAT AS ATTACHED FOR
18:51:05 PURPOSES OF THE SETBACKS?
18:51:08 >>ERIC COTTON: I WAS LOOKING FOR THE DEFINITION OF
18:51:12 PRINCIPAL STRUCTURE WITH SI SINGLE-FAMILY HOME AND AN
18:51:19 ACCESSORY AND DETACHED FROM LOCATED ON THE SAME AND
18:51:22 ACCESSORY TO THE PRINCIPAL STRUCTURE.
18:51:27 EVEN THOUGH IT IS ATTACHED, IT IS ATTACHED THROUGH THE
18:51:31 -- I GUESS MOUNTED TO THE SIDE WALL BASED ON THE
18:51:32 PHOTOS.
18:51:34 I DON'T THINK IT IS A DETACHED STRUCTURE.
18:51:39 IT WOULD STILL BE CONSIDERED AN ACCESSORY STRUCTURE BY
18:51:40 THE ZONING ADMINISTRATOR.
18:51:43 >>JOHN DINGFELDER: I GUESS IN CONCLUSION OF THESE
18:51:47 QUESTIONS, EITHER ONE YOU, MR. COTTON OR MISS WELLS
18:51:52 FEEL THAT A REMAND ON THAT ISSUE WILL BE APPROPRIATE TO
18:51:56 TAKE A CLOSER LOOK AT IT AND TO MAKE SURE EVERYBODY IS
18:52:01 ON THE SAME PAGE AND POSSIBLY REWRITE THE -- REWRITE
18:52:02 THE OPINION.
18:52:04 I AM NOT SURE.
18:52:09 I AM JUST -- THROWING THAT OUT AS A POSSIBILITY.
18:52:11 >>CATE WELLS: INTERESTING CONCEPT.
18:52:13 THE REMAND WILL BE OF STAFF.
18:52:17 THIS IS OF THE ZONING ADMINISTRATOR AND NOT THE
18:52:19 VARIANCE REVIEW BOARD.
18:52:22 I DON'T MEAN TO PUT MR. COTTON ON THE SPOT, BUT --
18:52:25 UNLESS THERE ARE DETAILS THAT HAVE COME OUT DURING
18:52:29 TODAY'S HEARING THAT WOULD CHANGE THE ANALYSIS, CHANGE
18:52:31 THE SETBACK REQUIREMENTS.
18:52:36 I DON'T KNOW IF A REMAND WILL RESULT IN A DIFFERENT
18:52:37 OPINION.
18:52:40 FROM WHAT I AM HEARING FROM MR. COTTON, THE FACT THAT
18:52:46 THE CARPORT IS ATTACHED -- I AM GOING TO USE A VERY
18:52:51 NONTECHNICAL TERM, IT APPEARS TO BE BRACKETS.
18:52:56 THE WAY IT IS ATTACHED HE WOULD NOT CONSIDERED THAT TO
18:52:59 BE ATTACHED OF THE PURPOSES WHICH APPLY WHICH IS
18:53:02 DIFFERENT THAN THOSE THAT ARE REQUESTED HERE.
18:53:05 >>JOHN DINGFELDER: DO YOU CONCUR?
18:53:09 >>ERIC COTTON: YES, I WOULD AGREE WITH MISS WELLS.
18:53:11 >>JOHN DINGFELDER: THANK YOU FOR THE CLARIFICATION.
18:53:12 THANK YOU, MR. CHAIRMAN.
18:53:14 >>GUIDO MANISCALCO: YOU HAVE FIVE MINUTES FOR THE
18:53:15 REBUTTAL.
18:53:19 >> I WOULD HAVE TO DISAGREE WITH MR. COTTON.
18:53:23 WE HAVE ENGINEERED PLAN THAT SHOW THE ATTACHMENT AND
18:53:25 PROPERLY ATTACHED ACCORDINGLY.
18:53:28 THERE ARE TWO -- WHEN IT COMES TO ACCESSORY STRUCTURES,
18:53:30 DETACHED AND ATTACHED.
18:53:33 AND GIVEN THIS SITUATION, IT IS ATTACHED.
18:53:37 AND, THEREFORE, IT WOULD COME UNDER THE SETBACK RULES
18:53:43 FOR THE CONTEMPORARY MODERN BUILDING FORM.
18:53:49 AND IT WOULD ALLOW FOR THE STRUCTURE TO BE INSTALLED UP
18:53:54 TO THE FRONT FACADE OF THE BUILDING, AS WELL AS HAVE A
18:53:57 ZERO SETBACK ON SIDE OF THE HOUSE.
18:54:00 SO MR. COTTON, I BELIEVE, IS NOT CORRECT IN HIS
18:54:04 STATEMENT THAT IT IS, INDEED, AN ATTACHED GARAGE.
18:54:08 SECONDLY, THIS IS ONLY THE SETBACK REQUIREMENTS.
18:54:11 IT HAS NOTHING TO DO WITH THE WETLANDS.
18:54:15 IT SHOULD BE NOTED THAT THE PROPERTY STRUCTURE DOES ADD
18:54:16 VALUE.
18:54:20 I AM ASSESSED AT $10,000 ON THE PROPERTY AND SECONDLY,
18:54:23 WHENEVER I WOULD GO TO SELL IT WOULD BRING A
18:54:25 SUBSTANTIAL AMOUNT OF VALUE TO THE HOME FOR INDIVIDUALS
18:54:28 WHO ARE LOOKING FOR THE ADDITIONAL STORAGE.
18:54:31 THIS PROPERTY WAS IMPROVED OVER THE YEARS, AND AS A
18:54:36 RESULT, THE CARPORT OR GARAGE, WHATEVER, WAS THERE WAS
18:54:41 ENCLOSED TO ELIMINATING STORAGE AND ANY TYPE OF ON-SITE
18:54:47 PARKING AS WELL THAT IS GRANTED BY CHAPTER 27-290 SO WE
18:54:49 CAN PARK OUR CARS ANYWHERE ON THE PROPERTY AS LONG AS
18:54:51 THEY ARE PROPERLY REGISTERED.
18:54:55 SO I HAVE TO DISAGREE WITH MR. COTTON.
18:54:57 I BELIEVE THAT WHEN YOU LOOK AT THE PROPERTY, IT IS NOT
18:55:01 CAUSING ANY -- IT HAS MET ALL OF THE REQUIREMENTS OF
18:55:02 A-F.
18:55:06 AND THAT IF PROPERLY APPLIED, THE OUTCOME WOULD BE AN
18:55:10 APPROVAL OF THE STRUCTURE AND WOULD BE APPROVED IN
18:55:14 PLACE AND AS IS.
18:55:18 THE -- THE REPORTED INFRACTION WAS BY MR. GONZALEZ;
18:55:23 HOWEVER, THE -- I WENT BACK IN TO DO A PERMIT AFTER THE
18:55:26 FACT, AND I HAVE SUBMITTED ALL THE PLANS TO BUILDING.
18:55:30 AND WE HAVE BEEN APPROVED BY TRANSPORTATION, BUILDING,
18:55:33 ZONING, AND NATURAL RESOURCES.
18:55:38 THE ONLY ONE THAT BASICALLY DENIED WAS THE URBAN
18:55:40 DESIGN, BUT WHEN YOU LOOK AT THE PROPERTIES SURROUNDING
18:55:43 THE AREA, YOU LOOK AT SEMINOLE HEIGHTS.
18:55:46 THIS IS A TYPICAL STRUCTURE THAT YOU FIND THROUGHOUT
18:55:48 THE AREA.
18:55:50 THEY ARE ALL ATTACHED.
18:55:52 THEY ARE ATTACHED BY SOME TYPE OF A BRACE.
18:55:56 AND THEY ARE ON LEGS, STEEL LEGS, SIMILAR TO WHAT IS
18:55:59 THE -- THIS STRUCTURE IS BUILT ON.
18:56:04 SO AS FAR AS I CAN SEE, THERE IS CONSISTENCY IN THIS
18:56:09 STRUCTURE AND IT DOES, INDEED, CONFORM TO THE SEMINOLE
18:56:14 HEIGHTS OVERLAY AND THE PROPERTIES THAT ARE WITHIN
18:56:15 SEMINOLE HEIGHTS.
18:56:17 NOT TALKING HISTORIC SEMINOLE HEIGHTS BUT THE OTHER
18:56:20 AREAS IN THE NORTHWEST, THE NORTHEAST AND THE SOUTHWEST
18:56:21 SECTIONS.
18:56:26 ONLY IN THE CENTRAL AND SOME OF THE NORTH -- THE
18:56:31 SOUTHEASTERN SECTIONS DO YOU FIND THE BUNGALOWS, THE
18:56:35 CRAFTSMAN AND THINGS LIKE THAT AND DELINEATION IN THE
18:56:37 DIFFERENT TYPES OF BUILDING FORMS.
18:56:41 I THINK WE HAVE TO LOOK AT THIS DIFFERENTLY THAN WHAT
18:56:42 MR. COTTON IS DOING.
18:56:45 THEY ARE SAYING IT IS NOT ATTACHED, BUT IT IS CLEARLY
18:56:48 ATTACHED WHEN YOU LOOK AT THE RENDERINGS.
18:56:52 AND YOU LOOK AT THE ENGINEERING REPORT AS WELL.
18:56:53 >>ORLANDO GUDES: MR. CHAIR.
18:56:57 >>GUIDO MANISCALCO: COUNCILMEMBER GUDES.
18:57:00 >>ORLANDO GUDES: YOU SAY THE STRUCTURE HAS BEEN THERE
18:57:04 NINE YEARS, I DID HEAR THAT CORRECTLY?
18:57:05 >> WHO ARE YOU TALKING TO?
18:57:07 >>ORLANDO GUDES: YOU, SIR.
18:57:09 >> SORRY, WHAT WAS THE QUESTION?
18:57:12 >>ORLANDO GUDES: YOU SAID THE STRUCTURE WAS NINE
18:57:12 YEARS.
18:57:15 >> HAS BEEN IN PLACE FOR NINE YEARS.
18:57:17 >>ORLANDO GUDES: WHEN IT WENT UP NINE YEARS AGO, YOU
18:57:19 HAD CONSTRUCTION DESIGNS.
18:57:23 YOU -- YOU HAD A COMPANY COME OUT AND DO ALL THIS.
18:57:25 DID THEY GET PERMITS AT THE TIME?
18:57:26 >> THAT'S CORRECT.
18:57:29 THE STRUCTURE ITSELF IS DESIGNED BY A COMPANY CALLED
18:57:31 CAROLINA CARPORTS.
18:57:34 THEY BASICALLY DESIGN THESE STRUCTURES AND SUBMIT THEM
18:57:38 THROUGH THE DIFFERENT ZONING BOARDS, BUILDING CODES, SO
18:57:41 ON AND SO FORTH TO MAKE SURE THEY MEET THE VARIOUS
18:57:42 CODES.
18:57:45 IN THIS SITUATION, IF IT WENT BEFORE THE BUILDING WHICH
18:57:49 IT ALREADY HAS AND WAS APPROVED, THE ATTACHED STRUCTURE
18:57:52 WOULD BE APPROVED BY BUILDING DEPARTMENT.
18:57:55 >>ORLANDO GUDES: SO IS YOUR RECOLLECTION -- YOU
18:57:58 BELIEVE THAT THE COMPANY YOU UTILIZED SUBMITTED THE
18:58:00 DESIGNS, THE PLANS FOR PERMITTING.
18:58:02 IS THAT COMPANY AVAILABLE?
18:58:05 ANY DOCUMENT THAT THEY WENT THROUGH THE PERMITTING.
18:58:06 >> YES.
18:58:08 THE PERMITTING THAT WAS SUBMITTED, WERE ALL THE PLANS
18:58:10 FOR THE STRUCTURE.
18:58:12 AND THEY WERE SUBMITTED TO THE BUILDING DEPARTMENT AND
18:58:15 APPROVED.
18:58:19 THE SITE WAS ALSO APPROVED BY TRANSPORTATION.
18:58:24 THE SITE WAS ALSO APPROVED BY NATURAL RESOURCES THAT
18:58:30 THERE IS NO DEGRADATION TO THE FOLIAGE OR ANY ASPECT OF
18:58:34 THE TIDAL DITCH THERE AND THE WETLAND.
18:58:36 >>ORLANDO GUDES: MR. COTTON.
18:58:39 >>ERIC COTTON: YES, SIR.
18:58:41 >>ORLANDO GUDES: IN OUR ARCHIVES, NO DOCUMENT OF IN
18:58:43 BEING APPROVED?
18:58:44 >>ERIC COTTON: THAT'S CORRECT.
18:58:47 CURRENTLY A BUILDING PERMIT IN HOUSE RIGHT NOW.
18:58:55 BLT 19046861 FOR A CARPORT THAT WAS APPLIED FOR ON JULY
18:58:56 17, 2019.
18:59:03 AND IN THAT -- IN THAT BUILDING APPLICATION, IT IS FOR
18:59:07 -- AFTER THE FACT CARPORT PATIO TO ADDRESS A VIOLATION
18:59:11 UNDER THE CODE ENFORCEMENT CASE THAT STARTED THE BALL
18:59:12 ROLLING ON ALL OF THIS.
18:59:14 FOR ALUMINIUM CARPORT.
18:59:18 THERE IS A COMMENT THAT WAS PLACED IN HERE -- I AM NOT
18:59:21 SURE BY WHOM -- THAT SAID CARPORT IS FREE STANDING AND
18:59:23 NOT ATTACHED TO THE HOUSE.
18:59:26 NO FEMA DOCUMENTATION REQUIRED.
18:59:28 >>ORLANDO GUDES: SO NINE YEARS AGO --
18:59:30 >>ERIC COTTON: THE BUILDING DEPARTMENT, I AM NOT SURE
18:59:33 WHAT THAT MEANS BUT SOUNDS LIKE BUILDING WAS LOOKING AT
18:59:38 IT AT A DETACHED STRUCTURE BY THE TIME -- FEMA RULES
18:59:40 MAY HAVE APPLIED.
18:59:42 >>ORLANDO GUDES: MAY HAVE DISCREPANCY.
18:59:44 >> MAY I SPEAK OR NOT.
18:59:45 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, COUNCILMAN
18:59:47 CITRO.
18:59:51 >>JOSEPH CITRO: MR. COTTON, PLEASE DEFINE "ATTACHED."
18:59:54 WE ARE GETTING MIXED MESSAGES ABOUT ATTACHED.
18:59:59 APPARENTLY AN EAVE-TO-EAVE SEPARATION THAT YOU ARE
19:00:00 TALKING ABOUT.
19:00:03 >>ERIC COTTON: CORRECT, WHEN IT WAS FIRST APPLIED, THE
19:00:06 APPLICANT APPLIED FOR A DETACHED STRUCTURE.
19:00:09 I DON'T RECALL -- IT COULD BE -- I DID NOT REVIEW THE
19:00:11 ORIGINAL RECORD SO IT MAY BE IN THE ORIGINAL RECORD
19:00:16 THAT IT SHOWS ATTACHED TO THE STRUCTURE.
19:00:19 BUT ATTACHED NORMALLY MEANS THEY SHARE A ROOF.
19:00:22 LIKE, IF YOU WERE DOING A DETACHED STRUCTURE, YOU ARE
19:00:26 ALLOWED TO HAVE AN OPEN BREEZEWAY BETWEEN THE TWO, BUT
19:00:30 IF -- IF IT IS ATTACHED TO THE BUILDING AS -- AS IS
19:00:32 BEING CLAIMED RIGHT NOW THAT IS WHAT HE IS BEING
19:00:36 PERMITTED FOR, HIS PERMIT NEEDS TO REVISE TO REFLECT
19:00:40 THE FACT THAT IT IS ATTACHED AND I DON'T KNOW IF THAT
19:00:44 WILL KICK FEMA RULES OR NOT AND BASED ON THE SYSTEM, IT
19:00:46 SEEMS LIKE FEMA RULES WILL APPLY.
19:00:49 AGAIN I AM NOT FROM THE BUILDING DEPARTMENT AND NOT A
19:00:52 CERTIFIED MANAGER AND I CAN ONLY MENTION -- I CAN'T
19:00:54 REALLY COMMENT MORE THAN THAT.
19:00:56 >>JOSEPH CITRO: USUALLY THE BREEZEWAY IS A FIVE-FOOT
19:01:00 SEPARATION BETWEEN EAVE AND EAVE, CORRECT?
19:01:04 >>ERIC COTTON: SEMINOLE HEIGHTS THREE-FOOT EAVE TO
19:01:04 EAVE.
19:01:07 >>JOSEPH CITRO: REGARDLESS THE ONE FOOT.
19:01:09 JUST BECAUSE THERE MAY BE HURRICANE STRAPS OR WHATEVER
19:01:13 HOLDING A STRUCTURE TO ANOTHER, THAT DOESN'T DEFINE
19:01:13 ATTACHED.
19:01:17 AND I THINK THAT IS WHERE THE DISCREPANCY IS HERE.
19:01:18 THANK YOU, MR. COTTON.
19:01:20 THANK YOU, MR. CHAIR.
19:01:22 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
19:01:24 >>ORLANDO GUDES: THANK YOU FOR INDULGING ME, MR.
19:01:24 CHAIR.
19:01:29 MR. COTTON, I HAVE GOT SOME CONCERNS THAT WE -- ABOUT
19:01:29 INFORMATION.
19:01:32 AND YOUR OWN WORDS, YOU ARE STATING THAT THE BUILDING
19:01:35 CONSTRUCTION, YOU DON'T HAVE INFORMATION FROM THEM.
19:01:39 HAD WILL THERE BE A PROBLEM WITH CONTINUING THIS UNTIL
19:01:40 WE GET THIS INFORMATION?
19:01:44 BECAUSE I DON'T -- I WANT TO MAKE SURE I AM FAIR TO THE
19:01:47 HOMEOWNER AND MAKING SURE THE CITY IS PROTECTING THE
19:01:50 CODE AS WELL.
19:01:52 >>ERIC COTTON: I THINK THE ISSUE IS BEING -- WHAT WAS
19:01:55 SUBMITTED TO THE BUILDING DEPARTMENT AND WHETHER OR NOT
19:01:58 IT IS ATTACHED OR DETACHED.
19:02:01 I AM LOOKING AT THE BUILDING PLANS, AND I WILL BE
19:02:05 HONEST WITH YOU, I AM NOT AN EXPERT ON THAT.
19:02:07 IT WAS IN THE SYSTEM RIGHT NOW LOOKS LIKE A
19:02:09 FREE-STANDING STRUCTURE.
19:02:14 AND WHAT HAS BEEN -- WHAT THE COMMENTS ARE BASED IN THE
19:02:18 SYSTEM FOR THE BUILDING PERMIT IT WAS SUPPOSED TO BE A
19:02:20 FREE-STANDING STRUCTURE.
19:02:23 THAT IS WHAT THE PERMIT WAS APPLIED FOR.
19:02:26 WE HAVE TO GO AHEAD AND AMEND HIS BUILDING APPLICATION
19:02:29 IF HE IS GOING TO MAKE THE CLAIM AS AN ATTACHED
19:02:32 STRUCTURE AND WE WOULD HAVE TOO EVALUATE IT UNDER THAT
19:02:32 PROCESS.
19:02:37 I AM NOT SURE IF IT WOULD BE UP FOR MR. MURPHY TO SEE
19:02:39 WHAT COUNCIL'S DETERMINATION WOULD BE AS A DETACHED
19:02:43 STRUCTURE OR WANT TO, I GUESS, ASK FOR A REMAND AND
19:02:46 COME BACK AND CHANGE WHAT HE HAS SUBMITTED FOR HIS
19:02:50 BUILDING PERMIT AND HAVE US LOOK AT IT AS PART OF A
19:02:51 ATTACHED STRUCTURE.
19:02:54 >>ORLANDO GUDES: WHAT MR. DINGFELDER WAS GOING WITH
19:02:54 THAT.
19:02:56 THANK YOU, SIR, FOR YOUR COMMENTS.
19:02:58 >>GUIDO MANISCALCO: COUNCILMAN CITRO.
19:02:59 >>JOSEPH CITRO: ONE LAST QUESTION.
19:03:03 MR. COTTON, TO THE BEST OF YOUR ABILITY AND BEING WITH
19:03:08 THE CITY AS MANY YEARS AS YOU HAVE BEEN, HAD -- IF THIS
19:03:11 STRUCTURE WASN'T HERE TODAY, AND IF THE APPLICANT WENT
19:03:14 DOWN THERE AND SAID THIS IS THE WAY I WANT TO BUILD IT
19:03:17 THIS WAY RIGHT NOW AS IT STANDS, WOULD THAT BE
19:03:20 PERMITTED?
19:03:23 >>ERIC COTTON: AS IT STANDS -- AS --
19:03:26 >>JOSEPH CITRO: AS IT IS BUILT NOW, WOULD IT BE
19:03:27 PERMITTED?
19:03:28 >>ERIC COTTON: NO.
19:03:30 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. CHAIR.
19:03:32 THANK YOU VERY MUCH, MR. COTTON.
19:03:34 >>GUIDO MANISCALCO: A MOTION OR --
19:03:37 >>MARTIN SHELBY: SORRY, MR. CHAIRMAN, I WOULD LIKE TO
19:03:42 GIVE MR. MURPHY MAYBE A SHORT BRIEF CLOSING TO ADDRESS
19:03:43 THE COMMENTS MADE.
19:03:45 >> HERE AGAIN, IT IS ATTACHED.
19:03:47 MR. COTTON IS KIND OF OFF BASE THERE.
19:03:51 HE EVEN SAID -- COULD I ASK FOR REMAND TO JUST THE
19:03:53 PERMIT ACCORDINGLY.
19:03:54 I AM NOT A BUILDER.
19:03:56 AND I AM NOT A CONSTRUCTION PERSON.
19:04:00 THIS WAS A STRUCTURE THAT SEEMED TO FIT THE BOLD.
19:04:03 AND AS A RESULT, IT WAS PURCHASED.
19:04:06 AND IT WAS INSTALLED BY A THIRD PARTY.
19:04:07 THE MANUFACTURER.
19:04:10 SO IF THERE IS A QUESTION WITH REGARD TO ATTACHMENT, I
19:04:13 THINK I SHOULD -- I SHOULD BE ALLOWED TO GO BACK, AMEND
19:04:17 THE PERMIT AND COME BACK TO CITY COUNCIL AS AN ATTACHED
19:04:20 STRUCTURE AS OPPOSED TO TRYING TO QUESTION WHETHER OR
19:04:23 NOT IT IS ATTACHED OR DETACHED RIGHT NOW.
19:04:25 BECAUSE I THINK THERE ARE TOO MANY QUESTIONS WITH
19:04:28 REGARD TO THAT.
19:04:31 AND I THINK THAT IT SHOULD BE -- I SHOULD BE ALLOWED TO
19:04:37 GO BACK AND PROPERLY STATE AND SUBMIT ACCORDINGLY.
19:04:39 BECAUSE TO ME, I DON'T KNOW.
19:04:42 YOU KNOW, TO ME IT WAS FREE STANDING.
19:04:44 BUT THEN AGAIN AFTER BEING ATTACHED AFTER READING THE
19:04:46 CODE AND UNDERSTANDING THE CODE.
19:04:48 IT IS ATTACHED.
19:04:51 SO I WOULD RECOMMEND -- REQUEST THAT IT -- I WOULD BE
19:04:55 ABLE TO REMAND AND AMEND THE PERMIT AND THEN COME BACK
19:05:01 AND ADDRESS THE CITY COUNCIL AT A LATER DATE.
19:05:02 >>GUIDO MANISCALCO: ALL RIGHT.
19:05:06 CAN I GET A MOTION TO CLOSE.
19:05:07 >>JOHN DINGFELDER: QUESTION.
19:05:09 >>GUIDO MANISCALCO: GO AHEAD, SIR.
19:05:11 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
19:05:13 >>GUIDO MANISCALCO: YES, GO AHEAD, MR. DINGFELDER.
19:05:16 >>JOHN DINGFELDER: SIR, THE ONLY THING THAT BOTHERS ME
19:05:19 -- I THINK I HEARD TWO DIFFERENT ANSWERS ON THIS ISSUE
19:05:20 ABOUT PERMITS.
19:05:23 OKAY.
19:05:26 MR. COTTON CLEARLY INDICATED THAT YOU HAVE ONE SINGLE
19:05:30 PENDING BUILDING PERMIT THAT HAS NOT BEEN APPROVED YET
19:05:33 ON THIS STRUCTURE.
19:05:38 YOU SEEM TO ALLUDE TO SOME NOTION THAT EIGHT OR NINE
19:05:42 YEARS AGO, THERE WAS A BUILDING PERMIT THAT HAD BEEN
19:05:43 APPROVED.
19:05:48 AND YOU CAN CORRECT ME IF I MISUNDERSTAND YOU WERE
19:05:51 SAYING, BUT I WANTED TO GET SOME CLARIFICATION ON THAT
19:05:58 BECAUSE THAT DISCREPANCY BETWEEN THE TWO BOTHERS ME.
19:05:58 >> OKAY.
19:06:01 NO INITIAL PERMIT BACK IN 2011.
19:06:03 I DIDN'T REALIZE AND UNDERSTAND THERE WAS A PERMIT
19:06:05 REQUIRED FOR THIS TYPE OF STRUCTURE.
19:06:08 AS A RESULT WHENEVER IT WAS REPORTED, I CAME IN AND DID
19:06:11 A PERMIT AFTER THE FACT AND SUBMITTED ALL THE NECESSARY
19:06:15 DOCUMENTS TO OBTAIN A PERMIT.
19:06:17 >>JOHN DINGFELDER: THAT WAS MY -- THAT WAS MY
19:06:18 QUESTION.
19:06:20 BECAUSE SEEMED TO BE A LITTLE CONFUSION ON THAT.
19:06:23 I APPRECIATE THE CLARIFICATION.
19:06:29 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:06:31 COUNCILMAN MIRANDA.
19:06:33 >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
19:06:36 FROM WHAT I GATHERED FROM LISTENING TO THE
19:06:40 CONVERSATION, MR. COTTON CLEARLY STATED THAT AN
19:06:43 ATTACHED STRUCTURE IS ATTACHED AT THE ROOF.
19:06:46 IN OTHER WORDS, MANY HOMES AND MANY OTHER THINGS I HAVE
19:06:52 THAT SEEN ATTACHED, YOU DON'T PUT A CARPORT -- MOST
19:06:56 CARPORTS ARE ATTACHED IN ONE MANNERISM OR THE OTHER
19:06:57 THROUGH THE ROOF.
19:07:02 THE ROOF -- AND THIS MAY BE THE SLANT OF WHATEVER, AND
19:07:06 THE ATTACHMENT IS DONE IN A MANNERISM TO THE HOUSE --
19:07:08 THAT IS ATTACHED.
19:07:11 BUT ROOF LINE TO ROOF LINE, IT IS ATTACHED.
19:07:16 FROM A LITTLE -- NOT UNDERSTAND ALL THE FACTS, THIS WAS
19:07:23 -- OR PICTURES THAT I SAW ATTACHED BY A BOLT, NOT ON
19:07:24 THE ROOF LINE.
19:07:27 A SEPARATION BETWEEN THIS ROOF LINE OF THE HOUSE AND
19:07:33 THIS STRUCTURE AND NO OTHER THAN A BOLT TO THE HOUSE.
19:07:34 >> IT IS NOT A BOLT.
19:07:36 IT IS NOT A BOLT.
19:07:38 STRUCTURAL ENGINEERED CONNECTIONS.
19:07:41 >>CHARLIE MIRANDA: BUT MY QUESTION IS -- IT MAY NOT BE
19:07:41 A BOLT.
19:07:48 IT MAY BE STRUCTURALLY ENGINEERED BUT TIED WITH A BOLT.
19:07:51 >> TIED WITH A STRUCTURAL CONNECTION WHICH IS
19:07:51 ENGINEERED.
19:07:55 AS FAR AS THE DISCREPANCY BETWEEN THE ROOF LINES, THAT
19:07:58 IS -- IN THE CODE, IT EVEN STATES THAT IT DOESN'T HAVE
19:08:00 TO BE ATTACHED TO THE ROOF.
19:08:04 IT DOESN'T HAVE TO BE UNDER THE SAME ROOF LINE.
19:08:09 SO, YOU KNOW, GIVEN THAT PART OF THE CODE, WHAT YOU ARE
19:08:12 SAYING IS NOT NECESSARILY CORRECT.
19:08:14 ENTIRELY.
19:08:16 >>CHARLIE MIRANDA: EVERYTHING YOU SAID WAS CORRECT.
19:08:17 >> WHAT?
19:08:19 >>CHARLIE MIRANDA: WHATEVER YOU TOLD US.
19:08:22 100% CORRECT, RIGHT?
19:08:24 >> I AM SAYING IT DOESN'T HAVE TO BE CONNECTED TO THE
19:08:25 ROOF LINE.
19:08:26 >>CHARLIE MIRANDA: I UNDERSTAND.
19:08:29 >> JUST HAS TO BE CONNECTED TO THE -- TO THE
19:08:32 STRUCTURAL, THE PRIMARY STRUCTURE AND PROVIDE FOR
19:08:36 PROPER DRAINAGE OF THE -- OF THE RUNOFF FROM THE --
19:08:40 FROM THE BUILDING ROOF, THE PRIMARY ROOF, AND INTO THE
19:08:44 -- ONTO THE ROOF OF THE ACCESSORY STRUCTURE WHICH IS
19:08:45 ATTACHED.
19:08:46 >>CHARLIE MIRANDA: THANK YOU.
19:08:49 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:08:54 MAY I HAVE A MOTION TO CLOSE THE PUBLIC HEARING?
19:08:56 >>JOSEPH CITRO: SO MOVED.
19:08:58 >>MARTIN SHELBY: QUESTION.
19:08:59 >>CHARLIE MIRANDA: SECOND.
19:09:02 >>MARTIN SHELBY: QUESTION BY COUNCILMAN DINGFELDER,
19:09:03 DISCUSSION ON THE MOTION.
19:09:06 >>GUIDO MANISCALCO: OH, MY GOODNESS.
19:09:07 COUNCILMAN DINGFELDER.
19:09:09 YOU ARE MUTED, SIR.
19:09:10 PLEASE UNMUTE YOURSELF.
19:09:13 >>JOHN DINGFELDER: THANK YOU, MR. SHELBY AND MR.
19:09:14 CHAIRMAN.
19:09:22 QUESTION TO LEGAL BEFORE WE CLOSE.
19:09:24 CAN WE HAVE ANY ADVICE BASED ON EVERYTHING WE HEARD
19:09:28 WITH REGARD FOR US GOING FORWARD WITH A MOTION TO -- A
19:09:35 MOTION UP OR DOWN ON THIS PETITION FOR -- OR DO YOU
19:09:39 SUGGEST A REMAND BASED UPON EVERYTHING YOU HEARD,
19:09:42 BECAUSE I KNOW WE ALWAYS WANT THE CLEANEST RECORD
19:09:44 POSSIBLE.
19:09:47 >> I THINK THERE IS PERHAPS TWO OPTIONS HERE GIVEN THE
19:09:49 TESTIMONY THAT HAS BEEN PROVIDED AND THE QUESTIONS
19:09:55 SURROUNDING WHETHER THE METHOD OF INSTALLATION WILL
19:09:58 CONSTITUTE AN ATTACHED OR DETACHED STRUCTURE.
19:10:03 WHEN I LOOK AT THE DEFINITION OF "ACCESSORY STRUCTURE"
19:10:07 IN THE CODE, IT SAYS STRUCTURE ACCESSORY, SUBORDINATE
19:10:11 STRUCTURE DETACHED FROM BUT LOCATED ON THE SAME LOT AT
19:10:15 THE PRINCIPAL STRUCTURE, THE USE OF WHICH IS INCIDENTAL
19:10:18 AND ACCESSORY TO THAT OF THE PRINCIPAL STRUCTURE.
19:10:22 SO WHEN WE LOOK AT THE ACCESSORY STRUCTURE SETBACKS,
19:10:25 BASED ON THIS DEFINITION, THE STRUCTURE ITSELF MUST BE
19:10:28 DETACHED AND I THINK THERE IS A QUESTION RIGHT NOW AS
19:10:31 TO WHETHER THE METHOD OF INSTALLATION WOULD ALLOW US TO
19:10:35 BE CONSIDERED A DETACHED STRUCTURE THAT WOULD HAVE TO
19:10:39 COMPLY WITH ACCESSORY STRUCTURE SETBACKS, OR WHETHER IT
19:10:42 IS ATTACHED AND WOULD OTHERWISE HAVE TO COMPLY WITH THE
19:10:46 PRINCIPAL STRUCTURE SETBACKS WHICH WILL PUT NEWS A VERY
19:10:47 DIFFICULT SITUATION.
19:10:48 A COUPLE OF OPTIONS.
19:10:52 WE COULD EITHER REMAND THIS BACK TO MR. COTTON FOR
19:10:56 CONSIDERATION OF THAT ADDITIONAL INFORMATION.
19:10:59 AND IF IT WOULD RESULT IN A DIFFERENT OUTCOME OR
19:11:06 POSSIBLY A CONTINUANCE TO ALLOW STAFF TO LOOK AT THAT
19:11:10 ISSUE AND REPORT BACK TO COUNCIL AT A FUTURE DATE.
19:11:12 I THINK EITHER PATH WOULD ALLOW CONSIDERATION OF THE
19:11:15 UNIQUE CIRCUMSTANCES THAT HAVE PRESENTED THEMSELVES
19:11:23 THIS EVENING.
19:11:31 >>MARTIN SHELBY: IF I CAN, THIS IS MARTIN SHELBY, MISS
19:11:31 WELLS.
19:11:34 THE CONTINUANCE WOULD BE FOR A DATE AND TIME CERTAIN.
19:11:38 WOULD A REMAND REQUIRE SOME ADDITIONAL PROCESS AND TIME
19:11:41 TO HAVE IT COME BACK TO COUNCIL AS OPPOSED TO A
19:11:42 CONTINUANCE?
19:11:43 >>CATE WELLS: GOOD POINT.
19:11:47 YES, WITH A REMAND, YOU KNOW, WITH THE -- WITH
19:11:52 ADDITIONAL INFORMATION, MR. COTTON WOULD THEN -- THE
19:11:55 INTENT WOULD BE FOR MR. COTTON TO RENDER ANOTHER
19:11:59 OPINION THAT IN AND OF ITSELF COULD START A PROCESS ALL
19:12:03 OVER AGAIN DEPENDING ON THE OUTCOME AND WHETHER MR.
19:12:07 MURPHY OR THE NEIGHBOR WOULD THEN APPEAL THAT DECISION
19:12:09 BACK TO CITY COUNCIL.
19:12:13 A CONTINUANCE, LIKE YOU NOTED, IT WOULD BE TO A DATE
19:12:19 CERTAIN, AND WOULDN'T REQUIRE ANY RENOTICING.
19:12:25 WOULD ALLOW STAFF TO REPORT BACK TO COUNCIL ON WHETHER
19:12:33 THE ANALYSIS INCLUDED IN THE ORIGINAL ZONING
19:12:36 ADMINISTRATOR'S DETERMINATION STILL STANDS OR WHETHER
19:12:38 THEY WILL LOOK AT IT DIFFERENTLY AND NO LONGER BE AN
19:12:42 ISSUE WITH THE SETBACKS AS IT RELATES TO THAT RELIEF
19:12:51 THAT WAS BEING REQUESTED THROUGH THE DESIGN EXCEPTION.
19:12:52 >>GUIDO MANISCALCO: YES, SIR.
19:12:54 YES, SIR.
19:12:56 COUNCILMAN DINGFELDER.
19:13:00 >>JOHN DINGFELDER: IN LIGHT OF THE WISE, SAGE ADVICE
19:13:04 FROM LEGAL COUNSEL, BOTH OF OUR LEGAL COUNSEL, I WILL
19:13:08 -- I THINK THE SAFE -- THE SAFE WAY TO GO ON THIS IS TO
19:13:12 -- IS TO CONTINUE THE MATTER.
19:13:16 I BELIEVE THE PETITIONER WAS AMENABLE TO CONTINUING.
19:13:21 I REGRET AND APOLOGIZE TO THE -- TO THE OTHER FOLKS
19:13:24 INVOLVED ABOUT THAT, BUT I DON'T THINK THEY GET A
19:13:26 CHOICE.
19:13:30 SO I MOVE TO CONTINUE FOR APPROXIMATELY 60 DAYS TO
19:13:34 ALLOW STAFF TO TOTALLY RESEARCH ALL THE ISSUES THAT
19:13:38 HAVE ARISEN, ESPECIALLY AS IT RELATED TO ATTACHED
19:13:42 VERSUS DETACHED AND SIDE YARD SETBACKS, ETC.
19:13:44 >>CHARLIE MIRANDA: SECOND.
19:13:47 >>CATE WELLS: IF WE COULD IN ORDER TO NOT HAVE TO
19:13:51 RENOTICE, MR. SHELBY, IF YOU CAN HELP ME WITH THE
19:13:55 HEARING THAT WOULD FALL WITHIN THAT 60-DAY PERIOD.
19:13:59 >>MARTIN SHELBY: APRIL 22 AT 6 P.M., WHICH IS A
19:14:03 THURSDAY EVENING.
19:14:08 >>JOHN DINGFELDER: SO MOVED.
19:14:09 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
19:14:12 DINGFELDER.
19:14:14 >>JOHN DINGFELDER: I GUESS WE SHOULD ASK THE GENTLEMAN
19:14:22 TO MAKE SURE HE CONFIRM THE CONTINUANCE -- CONCURS.
19:14:24 >>GUIDO MANISCALCO: MR. MURPHY.
19:14:28 >> DEPENDING TO MY ACCESS TO THE CONSTRUCTION SERVICES
19:14:30 DEPARTMENT, MR. COTTON AND OTHER PEOPLE WHO WILL BE
19:14:37 INVOLVED WITH THE PERMITTING PROCESS.
19:14:38 >>JOHN DINGFELDER: BUT --
19:14:42 >> IF THIS IS GIVEN SOME TYPE OF PRIORITY, 60 DAY ALSO
19:14:45 WORK IF NOT 90 DAYS WILL BE PROBABLY THE MAX.
19:14:47 >>MARTIN SHELBY: A QUESTION FOR STAFF.
19:14:51 IS 60 DAYS SUFFICIENT FOR THROUGH COTTON ON BASIS OF
19:14:54 CONTINUANCE TO PROVIDE ADDITIONAL EVIDENCE OR
19:14:57 DETERMINATION THAT MAY CHANGE THE PROCESS OR PROCEDURE.
19:15:00 >>ERIC COTTON: 60 DAYS SHOULD BE FINE.
19:15:04 TOMORROW, NEED TO CHECK WITH THE PLAN REVIEWER WHO IS
19:15:08 REVIEWING THE BUILDING PLAN TO SEE WHY THEY MADE THAT
19:15:11 DETERMINATION IT WAS DETACHED -- I DON'T THINK THE
19:15:14 PLANS -- THE PLANS THAT ARE SHOWN TONIGHT.
19:15:17 I THINK THAT IS ONE OF THE ISSUE THAT IS HAVING A
19:15:17 PROBLEM.
19:15:21 SO I WOULD -- I THINK THE COORDINATION NEEDS TO BE DONE
19:15:24 -- MR. MURPHY NEEDS TO SUBMIT THE ACCURATE PLANS THAT
19:15:26 HE SHOWED TONIGHT IF THAT IS ATTACHED.
19:15:29 AND LET THE BUILDING DEPARTMENT REVIEW THAT -- THAT
19:15:31 PACKET.
19:15:33 SO THEN WE CAN MAKE A DETERMINATION WHETHER OR NOT
19:15:36 UNDER THE REZONING WE WOULD BE CONSIDERED TO BE
19:15:37 ATTACHED OR DETACHED.
19:15:40 >>JOHN DINGFELDER: IN LIGHT OF ALL THAT AND SOME
19:15:42 HESITATION FROM THE PETITIONER AND THIS THING HAS BEEN
19:15:44 AROUND FOR NINE YEARS.
19:15:46 HOW ABOUT 90 DAYS, MR. SHELBY.
19:15:50 WHAT WILL THAT TAKE US TO, MAY?
19:15:52 >>MARTIN SHELBY: 90 DAYS WILL TAKE TO YOU MAY 27 AT 6
19:15:55 P.M., A THURSDAY NIGHT.
19:15:59 >>JOHN DINGFELDER: SO MOVED.
19:16:00 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
19:16:01 DINGFELDER.
19:16:04 ANY INTERRUPTIONS?
19:16:05 DO WE HAVE A SECOND.
19:16:06 >>CHARLIE MIRANDA: SECOND.
19:16:08 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN MIRANDA.
19:16:10 ALL IN FAVOR.
19:16:11 ANY OPPOSED?
19:16:19 >>MARTIN SHELBY: AND ALSO A NOTICE TO -- TO THE
19:16:20 AGGRIEVED PERSON.
19:16:24 THE PROPERTY OWNER WHO TESTIFIED THAT THIS IS THE
19:16:25 NOTICE THAT YOU WOULD BE GETTING.
19:16:26 NO ADDITIONAL NOTICE.
19:16:32 AGAIN, THE DATE IS MAY 27, THURSDAY, MAY 27, 6 P.M.
19:16:33 THANK YOU.
19:16:34 >> THANK YOU.
19:16:35 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:16:37 >> THANK YOU, COUNCIL.
19:16:42 >>GUIDO MANISCALCO: NEXT UP ITEM NUMBER 9, AND I
19:16:45 BELIEVE WE HAVE SWORN IN EVERYBODY INVOLVED.
19:16:46 SOME OF THE SAME INDIVIDUALS.
19:16:51 ITEM NUMBER 9.
19:16:53 >>JOHN DINGFELDER: MR. CHAIRMAN, BEFORE WE GET STARTED
19:16:58 ON THAT PROCEDURALLY, IF IT IS THE SAME -- IF SOME OF
19:17:01 THE SAME ISSUES ARE WRAPPED UP.
19:17:05 I DON'T KNOW IF -- IF -- IF THIS CAN GO FORWARD OR
19:17:06 SHOULD IT WAIT.
19:17:08 I DON'T KNOW.
19:17:12 ARE THESE ISSUES -- ARE THESE ISSUES PROBLEMATIC, MR.
19:17:16 COTTON, IN TERMS OF THE NEW EVIDENCE, THE NEW
19:17:19 INFORMATION WE HEARD?
19:17:23 >>ERIC COTTON: I WILL LET MISS WELLS CORRECT ME, BUT I
19:17:28 DON'T -- YOU I DON'T THINK THEY ARE INTERDEPENDENT BUT
19:17:31 THIS REQUEST IS STRICTLY FOR AN APPROVAL INTO THE
19:17:33 WETLAND SETBACKS.
19:17:38 DEPENDING ON COUNCIL'S ACTIONS TONIGHT WOULD EFFECT
19:17:41 WHAT HAPPENS FOR THE ACCESSORY STRUCTURE OR -- OR MAIN
19:17:44 STRUCTURE, WHATEVER IT MAY END UP BEING THAT IS GOING
19:17:49 TO BE GOING THROUGH THE PERMITTING OFFICE.
19:17:51 >>JOHN DINGFELDER: THIS PETITION -- THIS IS THE
19:17:55 NEIGHBOR'S PETITION?
19:17:57 >>ERIC COTTON: YES, SIR.
19:17:59 >>JOHN DINGFELDER: SO MAYBE WE NEED TO ASK A NEIGHBOR
19:18:03 IF THEY WOULD LIKE A CONTINUANCE DO IT ALL ON THE SAME
19:18:07 NIGHT.
19:18:10 >> DERRILL MCATEER.
19:18:14 CAN THE COUNCIL HEAR ME?
19:18:17 I AGREE WITH MR. COTTON.
19:18:21 THE WETLAND SETBACK ISSUE IS A DIFFERENT ISSUE THAN THE
19:18:25 ACCESSORY -- IT IS THE REASON TO MISS WELLS' POINT,
19:18:28 ESPECIALLY SINCE IT GOT -- THE DECISIONS WERE RENDERED
19:18:33 SEPARATELY MONTHS AGO, THAT WE ASK THAT THEY -- THAT
19:18:36 THEY STAY SEPARATE WHEN WE DISCUSS IT I THINK ON MONDAY
19:18:38 AND FRIDAY, IT DOESN'T MATTER.
19:18:41 BECAUSE THEY ARE DIFFERENT QUESTIONS.
19:18:44 NOW WE ARE TALKING ABOUT -- MORE ABOUT -- HONESTLY
19:18:47 CONCRETE, WHAT LEFT OF THE CONCRETE.
19:18:50 HE WAS ALREADY FORCED TO TAKE OFF THE FIRST TWO-THIRDS
19:18:52 OF THE DRIVEWAY, THE SECOND DRIVEWAY.
19:18:54 NOW TALKING ABOUT THE CONCRETE.
19:18:56 WE ARE TALKING ABOUT A DIFFERENT ANIMAL.
19:18:57 ARE THEY INTERTWINED --
19:19:01 >> BEFORE WE START GET TOGETHER MERITS OF THE CASE AND
19:19:02 THE APPLICATION.
19:19:06 I THINK THE QUESTION WAS WHETHER YOUR CLIENT WOULD BE
19:19:09 RECEPTIVE TO CONTINUING THE CASE TO BE CONSIDERED AT
19:19:11 THE SAME TIME AS THE OTHER APPLICATION OR WHETHER YOU
19:19:14 WANT TO MOVE FORWARD THIS EVENING.
19:19:16 >> WELL, I -- I THOUGHT HE SAID MOVE FORWARD, BUT LET
19:19:19 ME CONFER WITH HIM.
19:19:20 THE MASKING THING.
19:19:29 I WANT TO MAKE SURE I AM UNDERSTANDING MY CLIENT.
19:19:51 MY CLIENT HAS ASKED IF THE CITY IS SO INCLINED, THAT WE
19:19:54 WOULD LIKE TO MOVE FORWARD WITH 148.
19:19:58 >>GUIDO MANISCALCO: ALL RIGHT, GO AHEAD.
19:20:02 >> ALL RIGHT, DERRILL MCATEER, PHIPPS DUNBAR --
19:20:05 >>CATE WELLS: IF I WILL MAKE THE INITIAL PRESENTATION,
19:20:06 MR. MCATEER.
19:20:08 >> I APOLOGIZE.
19:20:09 >>CATE WELLS: FOLLOWING ME, STAFF CAN MAKE THEIR
19:20:10 PRESENTATION.
19:20:13 FOLLOWING THE SAME FORMAT WE DID WITH THE PREVIOUS
19:20:13 CASE.
19:20:15 MR. CHAIRMAN, MEMBERS OF COUNCIL, FOR THE RECORD, I AM
19:20:18 CATE WELLS, CHIEF ASSISTANT CITY ATTORNEY.
19:20:22 THE ITEM BEFORE YOU IS A PETITION FOLLOWED BY MICHAEL
19:20:27 AND TERRI GONZALEZ, THE OWNERS OF PROPERTY 6916 NORTH
19:20:30 RIVER BOULEVARD, WHICH IS WITHIN 250 FEET OF MR.
19:20:34 MURPHY'S PROPERTY LOCATED AT 6915 RIVER BOULEVARD.
19:20:37 MR. AND MRS. GONZALEZ ARE SEEKING REVIEW OF THE NATURAL
19:20:42 RESOURCES COORDINATOR'S DECISION APPROVING THE DESIGN
19:20:46 EXCEPTION FILED BY MR. MURPHY SEEKING RELIEF FROM
19:20:51 SECTION 27-286 ENTITLED "WETLAND PROTECTION AND
19:20:52 BUFFER."
19:20:56 EARLIER TODAY. COUNCIL WAS PROVIDED WITH HEARING
19:20:59 PROCEDURES OF THE REVIEW AND SAMPLE MOTIONS.
19:21:01 YOU HAVE BEEN PROVIDED A COPY OF THE REVIEW CRITERIA
19:21:05 27-60 SUBSECTIONS E 5.
19:21:10 SIMILAR TO THE PROCESS FOLLOWED BY ITEM 8, CITY COUNCIL
19:21:13 WILL PROVIDE A DE NOVO STANDARD OF REVIEW AND DECISION
19:21:16 IS NOT LIMITED TO THE DECISION BY THE NATIONAL
19:21:17 RESOURCES COORDINATOR.
19:21:20 INSTEAD YOU CAN TAKE PUBLIC TESTIMONY, ACCEPT NEW
19:21:22 EVIDENCE AND MAKE A DECISION BASED UPON THE APPLICATION
19:21:28 MEETING THE CRITERIA IN 27-60 OF SECTION E 5.
19:21:31 ERIC COTTON WILL PROVIDE AN OVERVIEW OF THE RELIEF
19:21:33 REQUESTED IN THE APPLICATION AND THE BASIS OF THE
19:21:35 CITY'S DECISION.
19:21:38 AFTER CONSIDERING ALL OF THE EVIDENCE INTRODUCED INTO
19:21:41 THE RECORD OF TONIGHT'S HEARING, CITY COUNCIL MAY
19:21:45 UPHOLD THE CITY'S DECISION AND THEREBY APPROVE THE
19:21:47 APPLICATION OF DESIGN OR COUNCIL MAY OVERTURN THE
19:21:51 CITY'S DECISION AND, THEREBY, DENY THE APPLICATION FOR
19:21:52 DESIGN EXCEPTION.
19:21:54 WITH THAT I WILL TURN THE PRESENTATION OVER TO MR.
19:21:57 COTTON AND I REMAIN AVAILABLE TO ANSWER ANY QUESTIONS.
19:21:59 >> MISS WELLS, I AM SORRY.
19:22:02 I -- I DON'T KNOW IF IT IS TOO LATE TO DO THIS.
19:22:07 BUT MY CLIENT AFTER CONSIDERING KIND OF THE BROADER
19:22:10 ISSUES HAVE ASKED IF WE CAN CONTINUE THESE TO MAY 27
19:22:12 AND HEAR THEM TOGETHER.
19:22:14 >>GUIDO MANISCALCO: ALL RIGHT.
19:22:18 IF THAT IS YOUR WISH, SO WE CAN ENTERTAIN A MOTION TO
19:22:21 CONTINUE FOR 90 DAYS TO MEET THE SAME DATE AT THE
19:22:23 PREVIOUS ITEM, CORRECT?
19:22:27 >>MARTIN SHELBY: THAT WOULD BE, MR. CHAIRMAN, AS
19:22:33 COUNCILMAN STATED THURSDAY MAY 27 AT 6 P.M.
19:22:35 >>GUIDO MANISCALCO: THAT'S CORRECT, SIR?
19:22:40 >> OUR REQUEST TO MAY 27.
19:22:41 >>GUIDO MANISCALCO: MOTION.
19:22:41 ALL IN FAVOR.
19:22:43 OPPOSED.
19:22:44 THANK YOU VERY MUCH.
19:22:52 WE WILL SEE YOU IN 90 DAYS.
19:22:53 I KNOW, I KNOW.
19:22:55 ITEM NUMBER 10 CANNOT BE HEARD.
19:22:59 AN E-MAIL FROM MR. STEVE MICHELINI, THE APPLICANT'S
19:23:02 REPRESENTATIVE TO RESCHEDULE ACTUAL A DATE IN MID TO
19:23:03 LATE APRIL.
19:23:06 I AM GOING TO LOOK AT THE CALENDAR REAL QUICK.
19:23:09 WE ARE LOOKING AT IN APRIL --
19:23:12 >>MARTIN SHELBY: MR. CHAIRMAN, I BELIEVE -- AND I CAN
19:23:14 ASK MISS WELLS.
19:23:16 I BELIEVE THIS BEING A VRB REVIEW HEARING.
19:23:18 AND IT HAS TO BE NOTICED.
19:23:21 IS THIS ONE OF THOSE THAT WOULD NOW GO TO A DAYTIME
19:23:26 MEETING, MISS WELLS?
19:23:29 >>CATE WELLS: I WILL REFER TO YOU WHAT HEARINGS ARE
19:23:32 SCHEDULED DURING THE DAY TIME.
19:23:34 >>MARTIN SHELBY: I BELIEVE THAT WAS THE PLEASURE OF
19:23:34 COUNCIL.
19:23:36 AND I DON'T HAVE THAT DOCUMENTATION.
19:23:39 >>GUIDO MANISCALCO: APRIL 1 AND APRIL 15 ARE THE
19:23:42 REGULAR CITY COUNCIL MEETINGS AND CAN PLACE IT ON THE
19:23:43 AGENDA.
19:23:46 >>MARTIN SHELBY: LET ME LOOK AT THE CALENDAR.
19:23:49 >>GUIDO MANISCALCO: TWO REVIEW HEARINGS ON THE 1ST AT
19:23:50 10:30 A.M.
19:23:54 ON THE 15TH, I DON'T SEE ANY REVIEW HEARINGS SCHEDULED
19:23:56 DURING THE DAYTIME MEETING.
19:23:58 >>MARTIN SHELBY: WOULD YOU LIKE THEN THE 15TH THEN?
19:24:01 OR SCHEDULE THREE FOR APRIL 1.
19:24:05 APRIL 1, I THINK -- WHICHEVER COUNCIL WISHES.
19:24:07 >>GUIDO MANISCALCO: I WOULD SAY APRIL 15.
19:24:09 WHAT DO YOU ALL --
19:24:12 >>CATE WELLS: I BELIEVE MR. STEVE MICHELINI WAS
19:24:15 REQUESTING A DATE IN MID TO LATE APRIL, SO I THINK
19:24:19 APRIL 15 WOULD FALL WITHIN THAT TIME FRAME.
19:24:21 >>GUIDO MANISCALCO: THAT WILL BE THE LAST REGULAR
19:24:22 MEETING IN APRIL.
19:24:24 IF NOT IT GOES INTO MAY.
19:24:26 SO WE WILL GO WITH APRIL 15.
19:24:28 CAN I GET A MOTION TO.
19:24:28 >>ORLANDO GUDES: SO MOVED.
19:24:30 >>JOSEPH CITRO: SECOND.
19:24:33 >>MARTIN SHELBY: AND THE TIME WILL BE 10:30 A.M.
19:24:35 >>GUIDO MANISCALCO: 10:30 A.M. TO RESCHEDULE ITEM
19:24:43 NUMBER 10, VRB-20-52-C.
19:24:45 A MOTION FROM COUNCILMAN GUDES.
19:24:47 SECOND FROM COUNCILMAN CARLSON.
19:24:48 ALL IN FAVOR.
19:24:51 AYE.
19:24:51 OKAY.
19:24:53 WE GO TO ITEM NUMBER 11.
19:24:56 THREE ALCOHOLIC BEVERAGE HEARINGS THIS EVENING.
19:25:00 I SEE MR. GRANDOFF.
19:25:01 >> YES, SIR.
19:25:02 >>GUIDO MANISCALCO: RAISE YOUR RIGHT HAND.
19:25:04 ANYBODY ELSE WITH YOU THIS EVENING.
19:25:07 >> YES, WE HAVE BEEN SWORN, MY CLIENT AND MYSELF.
19:25:08 >>GUIDO MANISCALCO: VERY GOOD.
19:25:10 YOU ARE GOOD TO GO.
19:25:12 >> MADAM CLERK DID THIS.
19:25:15 >>GUIDO MANISCALCO: BEGIN WITH ITEM NUMBER 11.
19:25:16 >>LACHONE DOCK: YES, COUNCIL.
19:25:23 GOOD EVENING, LACHONE DOCK WITH DEVELOPMENT
19:25:24 COORDINATION.
19:25:32 IF I MAY AND SHARE MY SCREEN PLEASE.
19:25:34 >>GUIDO MANISCALCO: OKAY, WE CAN SEE IT.
19:25:35 GO AHEAD.
19:25:38 >>LACHONE DOCK: OKAY, THANK YOU, AGAIN, THIS IS ITEM --
19:25:46 THIS IS -- THE NEXT ITEM ON THE AGENDA A AB 2-21-03,
19:25:50 LOCATED 236 NORTH DALE MABRY HIGHWAY.
19:25:57 THE APPLICATION PRESENTED BY JOHN GRANDOFF.
19:26:01 THE REQUEST IS FOR A SMALL VENUE CLASSIFICATION FOR
19:26:02 BEER, WINE AND LIQUOR.
19:26:06 PACKAGE SALES, OFF-PREMISE CONSUMPTION ONLY.
19:26:11 THE AB SALES AREA PROPOSED 9932 SQUARE FEET, WHICH IS A
19:26:15 TOTAL SQUARE FOOTAGE FOR INDOOR AREA ONLY.
19:26:17 THE PARKING REQUIRED IS 40 SPACES.
19:26:20 THE PARKING PROVIDED IS 43 SPACE.
19:26:24 THE SALES HOURS ARE CONSISTENT WITH CHAPTER 14.
19:26:30 THE APPLICANT IS PROPOSING THE USE AS RETAIL SALES.
19:26:32 THIS IS NOT CONSIDERED A CHANGE OF USE.
19:26:36 THE SUBJECT PROPERTY IS LOCATED IN THE WEST SHORE
19:26:39 BUSINESS CENTER AND DISTANCE SEPARATION REQUIREMENT IS
19:26:43 250 FEET FROM RESIDENTIAL USES.
19:26:45 ONE WAIVER HAS BEEN REQUESTED.
19:26:49 THAT IS A WAIVER TO REDUCE THE DISTANCE SEPARATION TO
19:26:53 RESIDENTIAL TO 138 FEET.
19:26:57 THIS IS THE SITE PLAN SUBMITTED.
19:27:01 THE SITE IS LOCATED ON THE SOUTHWEST CORNER OF DALE
19:27:02 MABRY.
19:27:07 YOU CAN SEE DALE MABRY HIGHWAY LOCATED HERE.
19:27:08 EAST OF THE BUILDING.
19:27:12 AND TO THE NORTH IS BIG STREET.
19:27:16 I HAVE A CLOSE-UP VIEW OF THE SITE PLAN.
19:27:16 I CAN SHOW YOU.
19:27:19 THIS IS THE SUBJECT SITE.
19:27:22 AND THIS IS THE BUILDING THAT IS OUTLINED IN THIS BOLD
19:27:23 BLACK LINE.
19:27:28 THIS IS THE 9932 SQUARE FEET PROPOSED FOR THE AB SALES
19:27:29 AREA.
19:27:31 THIS IS DALE MABRY HIGHWAY ON THE EAST.
19:27:34 ON THE NORTH IS WEST 6TH STREET.
19:27:38 THE PARKING IS LOCATED WEST OF THE BUILDING.
19:27:43 SO ACCESS TO THE SITE IS ON FIG STREET HERE AT THIS
19:27:46 POINT.
19:27:49 THIS IS AN AERIAL OF THE SITE.
19:27:52 SO THE SITE IS IDENTIFIED IN THE RED DOTTED LINE.
19:27:57 AND JUST TO ORIENT YOU ON THIS AERIAL, THIS IS DALE
19:27:58 MABRY HIGHWAY ON THE EAST.
19:28:01 IN THIS IS FIG STREET NORTH OF THE SITE.
19:28:05 SO YOU CAN SEE THE ZONING ALONG DALE MABRY IS CG,
19:28:07 COMMERCIAL GENERAL.
19:28:10 TO THE WEST OF THIS SITE CONTAINS THE RS-50 ZONING
19:28:14 DISTRICT, AND THAT CONTAINS THE RESIDENTIAL
19:28:16 SINGLE-FAMILY USES.
19:28:20 FOR THIS SITE SPECIFICALLY, THE RESIDENTIAL ZONING IS
19:28:23 WITHIN THE PARKING AREA LOCATED ON THE WEST.
19:28:26 SO THESE ARE PICTURES OF THE SITE.
19:28:28 THE PICTURE ON THE LEFT IS THE SUBJECT SITE THAT IS THE
19:28:28 NORTH VIEW.
19:28:31 THE PICTURE ON THE RIGHT IS THE SUBJECT SITE.
19:28:34 IT IS THE EAST VIEW ON DALE MABRY.
19:28:37 THE PICTURE ON THE LEFT IS THE VIEW LOOKING SOUTH ON
19:28:38 DALE MABRY.
19:28:42 ON THE RIGHT SIDE THE PICTURE IS THE -- IS EAST OF THE
19:28:46 SITE ACROSS DALE MABRY, THE VILLAGE INN.
19:28:49 THE DEVELOPMENT REVIEW AND COMPLIANCE STAFF HAVE
19:28:55 REVIEWED AND FIND IT INCONSISTENT.
19:28:57 THERE ARE CHANGES TO BE MADE BETWEEN FIRST AND SECOND
19:28:57 READING.
19:29:00 AND COUNCIL, THIS CONCLUDES MY PRESENTATION.
19:29:02 I AM AVAILABLE IF YOU HAVE ANY QUESTIONS.
19:29:04 >>GUIDO MANISCALCO: ANY QUESTIONS AT THIS TIME?
19:29:09 COUNCILMAN DINGFELDER, YES, SIR.
19:29:10 DINGFELDER, YES, SIR.
19:29:12 >>JOHN DINGFELDER: YES, SIR, THANK YOU.
19:29:16 MISS DOCK, WOULD YOU GO BACK TO PROBABLY YOUR AERIAL
19:29:20 THAT SHOWED THE ADJACENT HOMES -- YES.
19:29:24 I DON'T KNOW IF YOU CAN ZOOM IN ON THAT AT ALL.
19:29:26 HEART IN SUBJECT SITE.
19:29:33 BUT I AM LOOKING FOR WHAT I AM LOOKING FOR IS YOU
19:29:39 MENTIONED THEY ARE SEEKING THE WAIVER OF THE REQUIRED
19:29:42 DISTANCE TO RESIDENTIAL.
19:29:46 SO SPECIFICALLY WHICH RESIDENTIAL IS BEING ARGUABLY
19:29:49 BEING TOUCHED BY THIS?
19:29:51 WHERE DO YOU MEASURE FROM?
19:29:54 DO YOU MEASURE FROM THE PARKING LOT OR MEASURE FROM THE
19:29:58 BUILDING OR THE STRUCTURE ITSELF?
19:29:59 >>LACHONE DOCK: FROM THE ACTUAL PROPERTY LINE.
19:30:01 LET ME SEE WHAT WE HAVE.
19:30:03 THE 138 FEET.
19:30:09 SO 3807 NORTH B STREET.
19:30:17 IF WE CAN GO BACK TO THE AERIAL.
19:30:19 >>JOHN DINGFELDER: YOU ARE MEASURING FROM THE PROPERTY
19:30:22 LINE, IT LOOKS LIKE IT WOULD BE -- AREN'T I SEEING
19:30:27 QUITE A FEW SINGLE-FAMILY HOME WITHIN THE 250 OFF OF
19:30:30 THOSE TWO CORNERS?
19:30:34 >> IF THAT IS ON FIG STREET, A RESIDENTIAL USE.
19:30:37 YES, I AM NOT CERTAIN WHAT THIS USE IS.
19:30:39 LET ME TAKE A LOOK.
19:30:42 >>JOHN DINGFELDER: YOU JUST IDENTIFIED ONE SINGLE HOME
19:30:44 THAT.
19:30:46 BUT THERE MIGHT BE MORE THAN ONE?
19:30:48 >> LOOKS LIKE THE DISTANCE BEING CONSIDERED IS FOR THE
19:30:51 HOMES ON NORTH B.
19:30:55 BUT I CAN'T SPEAK SPECIFICALLY TO THIS USE THAT IS HERE
19:30:59 ON FIG STREET THAT I AM HIGHLIGHTING HERE OR CIRCLING
19:31:00 WITH THE ARROW.
19:31:03 >>JOHN DINGFELDER: TYPICALLY, THOSE WOULD BE 50-FOOT
19:31:04 LOTS.
19:31:07 IF YOU WERE TALKING 250 FEET, I WOULD THINK IT MIGHT
19:31:09 BE, YOU KNOW, FIVE LOTS BACK.
19:31:12 FIVE LOTS TO THE WEST.
19:31:19 >> ALL RIGHT, THEY ARE 50-FOOT-WIDE LOTS IN THAT AREA.
19:31:21 DING DINGFELDER THANK YOU.
19:31:24 >> I WILL HAVE TO CHECK THE APPLICATION TO SEE WHAT WAS
19:31:25 SUBMITTED IN TERMS OF THE SURVEY.
19:31:26 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:31:29 >>JOHN DINGFELDER: GET BACK US TO A LITTLE LATER.
19:31:29 >> YES.
19:31:32 AND THE APPLICANT MAY BE ABLE TO CLARIFY WHAT IS
19:31:35 ADJACENT AND I WILL CERTAINLY TAKE A LOOK.
19:31:37 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:31:42 ANY OTHER COUNCILMEMBERS?
19:31:43 ALL RIGHT.
19:31:44 ANYBODY ELSE?
19:31:46 MR. GRANDOFF, SIR.
19:31:49 >> YES, GOOD EVENING, MR. CHAIRMAN AND MEMBERS OF THE
19:31:49 CITY COUNCIL.
19:31:51 MY NAME IS JOHN GRANDOFF.
19:31:55 ADDRESS IS SUITE 3700, BANK OF AMERICA PLAZA.
19:32:00 AND I HAVE THE PLEASURE OF REPRESENTING BIGTOWN
19:32:01 LIQUORS.
19:32:08 THE OPERATING IS LUEKENS LIQUORS IN PINELLAS COUNTY AND
19:32:11 THEY WANT TO COME OVER HERE AND OPERATE THEIR SECOND
19:32:13 LIQUOR STORE ON DALE MABRY.
19:32:16 I AM JOINED WITH CHRIS JALO WHO IS WITH THE FAMILY THAT
19:32:18 OPERATES THIS FAMILY-OWNED OPERATION.
19:32:24 AND BEFORE I GIVE MY COMMENTS, I FIRST WANT TO
19:32:27 COMPLIMENT MISS DOCK'S THOROUGH REVIEW OF THE
19:32:30 APPLICATION AND PRESENTATION TO YOU AND ADDRESS MR.
19:32:35 DINGFELDER'S QUESTION, IF I MAY, ON THIS AERIAL
19:32:41 PHOTOGRAPH.
19:32:44 THE -- TO GIVE YOU SOME -- SOME REFERENCE.
19:32:48 THIS IS THE VILLAGE INN PANCAKE HOUSE.
19:32:53 THIS IS DONATELLO.
19:32:57 THIS IS THE DONATELLO PARKING LOT.
19:33:01 THIS IS THE STORE -- CHRIS WILL REPURPOSE THE
19:33:03 ROOMS-TO-GO FOR KIDS.
19:33:05 THIS PROPERTY LINE.
19:33:09 3507 NORTH B PROPERTY IS HERE.
19:33:12 THE CODE ASKS YOU, WHERE IS THE CLOSEST RESIDENTIAL
19:33:13 USE?
19:33:15 THAT IS THE CLOSEST RESIDENTIAL USE.
19:33:17 AND THAT IS THE MEASUREMENT THAT YOU ARE SEEING FROM
19:33:21 THE PROPERTY LINE TO -- TO THE HOUSE.
19:33:27 SO I TRUST THAT CLARIFIES THAT ISSUE.
19:33:32 THE FINDING IS INCONSISTENT, BUT THAT IS A VERY MINOR
19:33:37 FINDING BECAUSE WE SIMPLY HAVE TWO REVISIONS TO MAKE ON
19:33:40 THE SITE TABLE TO LIST THE HOURS OF OPERATION AND TO
19:33:44 REMOVE A SCRIVENER'S ERROR ON THE TITLE.
19:33:48 THAT IS THE ONLY FINDING OF INCONSISTENCY.
19:33:51 I SUBMIT TO YOU THAT THIS IS AN EXCELLENT REPURPOSING
19:33:55 OF AN EXISTING BUILDING THAT CHRIS IS PLANNING TO DO.
19:33:58 THERE WILL NOT BE ANY CONSUMPTION OF LIQUOR OUTSIDE.
19:34:01 THEY HAVE A STELLAR REPRESENTATION IN PINELLAS COUNTY.
19:34:03 AND CHRIS IS HERE THIS EVENING TO ANSWER ANY QUESTIONS
19:34:05 THAT YOU MAY HAVE.
19:34:13 ON PAGE THREE, THE CODE CRITERIA IS ENUNCIATED 27-129.
19:34:15 AND IT IS LISTED WITH THE GENERAL CONDITIONS AND ALL
19:34:17 THE SPECIFIC CONDITIONS.
19:34:20 I WILL SUBMIT TO YOU THAT THESE GENERAL CONDITIONS AND
19:34:24 SPECIFIC CONDITIONS ARE MET PRIMARILY THE REPURPOSING
19:34:28 OF THE BUILDING FOR INDOOR RETAIL SALES.
19:34:31 THE WAIVER WE REQUIRE IS THE ONLY WAIVER WE ARE
19:34:34 REQUIRING ON RESIDENTIAL DISTANCE.
19:34:39 WE ARE CONSISTENT WITH THE COMPREHENSIVE PLAN RMU-100
19:34:41 AND R-10.
19:34:43 THE ONLY ZONING PIECES TOWARD THE END OF THE PARKING
19:34:45 LOT ON FIG.
19:34:50 IT WILL NOT ENCOURAGE A PRECEDENT OR ENCOURAGE A MORE
19:34:53 PRECEDENT INCOMPATIBLE USE IN THE SURROUNDING AREA.
19:34:55 THIS IS DALE MABRY HIGHWAY JUST NORTH OF HIGHWAY 60
19:34:58 WHICH IS KENNEDY BOULEVARD.
19:35:01 NUMEROUS COMMERCIAL ESTABLISHMENTS UP AND DOWN THE
19:35:02 ROAD.
19:35:09 THIS IS WHERE YOU SITE A USE OF THIS -- OF THIS TYPE.
19:35:12 AND ORDER.
19:35:12 THE --
19:35:16 >>JOHN DINGFELDER: MR. GRANDOFF, CAN I ASK YOU -- TO
19:35:19 GO BACK TO THAT AERIAL FOR A SECOND.
19:35:20 >> YES.
19:35:23 >>JOHN DINGFELDER: THE -- WHAT I WAS -- WHAT I WAS
19:35:28 ASKING MISS DOCK BEFORE WAS -- WAS IF YOU DRAW -- YOU
19:35:33 GOT TO DRAW 250-FOOT CIRCLE OUTSIDE OF THE -- OF THE
19:35:34 TWO CORNERS.
19:35:37 THE TWO WESTERN CORNERS.
19:35:41 AND IF YOU DID, WOULD YOU HAVE ANY IDEA HOW MANY
19:35:43 RESIDENTIAL HOMES YOU WOULD HIT?
19:35:45 THAT -- THAT WAS MY KEY QUESTION BEFORE.
19:35:50 IT LOOKS LIKE -- IT LOOKS LIKE YOU WOULD HIT A FEW ON
19:35:54 NORTH B AND A FEW ON F IG, IS THAT NOT CORRECT?
19:35:54 >> THAT'S CORRECT.
19:35:55 THAT'S CORRECT.
19:35:57 MAYBE NOT ALL THE WAY TO CHURCH, BUT THAT CIRCLE IS
19:36:03 GOING TO GO PROBABLY LIKE THIS.
19:36:05 >>JOHN DINGFELDER: ALMOST TO CHURCH.
19:36:08 AND I KNOW THERE IS A SMATTERING OF -- OF OFFICE USES
19:36:12 IN THERE, BUT MY RECOLLECTION IS A LOT OF RESIDENTIAL
19:36:13 THERE TOO STILL.
19:36:15 >> YES.
19:36:17 >>JOHN DINGFELDER: OKAY, THANK YOU.
19:36:21 >> I CAN PROVIDE TO YOU THE SURROUNDING OWNERS SEARCH
19:36:24 THAT WE SUBMITTED TO THE CLERK IF WOULD YOU LIKE TO SEE
19:36:25 THAT.
19:36:26 IT IS IN THE RECORD.
19:36:28 >>JOHN DINGFELDER: I AM COMFORTABLE WITH YOUR ANSWER
19:36:30 JUST NOW.
19:36:30 >> OKAY.
19:36:32 THANK YOU.
19:36:33 >>JOHN DINGFELDER: THANK YOU.
19:36:35 >> I WAS GOING TO TALK ABOUT PARKING.
19:36:37 THE PARKING REQUIREMENT IS 40 SPACES.
19:36:41 WE PROVIDED 43 SPACES.
19:36:46 THE REMAINDER OF THE PACKAGE THAT MISS DOCK PREPARED
19:36:49 INDICATES THE PHOTOGRAPHS WILL BASICALLY BE REPURPOSING
19:36:52 THE BUILDING AS I STATED EARLIER.
19:36:56 YOU HAVE A GOOD CITIZEN HERE.
19:36:59 YOU ARE GRANTING THE PRIVILEGE TO THIS CITIZEN.
19:37:01 CHRIS IS AVAILABLE TO SPEAK TO YOU.
19:37:05 AND WE RESPECTFULLY REQUEST YOUR APPROVAL THIS EVENING.
19:37:12 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:37:14 ALL RIGHT.
19:37:16 I CAN'T SEE THE KIOSK.
19:37:20 IS ANYBODY HERE FOR PUBLIC COMMENT ON ITEM NUMBER 11?
19:37:27 DO WE HAVE ANYBODY REGISTERED TO -- TO SPEAK?
19:37:33 I SEE A PAMELA JO HATLEY, WHO MAY BE HERE IN PERSON,
19:37:37 AND I SEE ANOTHER INDIVIDUAL.
19:37:38 >> WE HAVE FOUR PEOPLE ALL TOGETHER.
19:37:40 >>GUIDO MANISCALCO: FOUR PEOPLE, OKAY.
19:37:42 >> THEY HAVE ALL BEEN SWORN IN.
19:37:43 >>GUIDO MANISCALCO: VERY GOOD.
19:37:47 THE FIRST SPEAKER FOR PUBLIC COMMENT.
19:37:49 APPROACH THE LECTERN AND STATE YOUR NAME.
19:37:54 >> I AM PAMELA JO HATLEY, NORTH 18TH STREET.
19:37:57 I REPRESENT MICHAEL PELAEZ.
19:38:02 MY CLIENT LIVES AT 3810 WEST GRAY.
19:38:06 MR. -- COUNCILMAN MANISCALCO'S LEGISLATIVE AIDE IS
19:38:09 PASSING OUT SOME DOCUMENTS I WANT TO SUBMIT INTO THE
19:38:10 RECORD.
19:38:11 THERE IS AN ERROR IN MY STATEMENT.
19:38:17 I REFER TO MY CLIENT AS MR. PELAEZ AS 3810 WEST FIG.
19:38:19 THAT IS HIS SON.
19:38:20 I WAS MISTAKEN.
19:38:23 THAT WAS MY ERROR.
19:38:27 HIS SON 3810 WEST FIG AND OWNS THE HOME DIRECTLY
19:38:29 ADJACENT TO THE PARKING LOT.
19:38:34 AND THE -- THIS IS THE 250-FOOT CIRCLE.
19:38:38 MR. PELAEZ, THE SON, HIS RESIDENCE IS RIGHT HERE.
19:38:43 MY CLIENT, MR. PELAEZ SR. HAS A PROPERTY HERE WHERE HE
19:38:44 OPERATES A CHILD CARE.
19:38:47 THERE ARE ALSO SOME OTHER RESIDENCES WITHIN THAT
19:38:52 250-FOOT CIRCLE.
19:38:53 ALL RIGHT.
19:39:09 THIS IS MR. PELAEZ'S, THE CHILD CARE CENTER RIGHT
19:39:14 ACROSS THE PARKING LOT IS 150 FEET FROM THE AB.
19:39:18 THIS WILL BE A HUGE STORE THAT WILL DRAW A LARGE
19:39:21 CLIENTELE FROM A BROAD GEOGRAPHICAL BASE.
19:39:26 NO AMOUNT OF SCREENING WILL PROTECT THIS NEIGHBORHOOD
19:39:27 FROM IN USE.
19:39:33 THE COMPREHENSIVE PLAN AT POLICY 9.3.6.
19:39:38 ESTABLISHMENTS THAT SELL ALCOHOLIC BEVERAGES CAN HAVE A
19:39:40 DELETERIOUS EFFECT ON NEIGHBORHOODS.
19:39:45 AND THEY DO ALLOW THE DOWN GRANT A WAIVER ONLY IF FINDS
19:39:49 THE USE WILL HELP PROVIDE THE PUBLIC WELFARE AND
19:39:53 COMBATABLE WITH CONTIGUOUS SURROUNDING PROPERTIES.
19:39:55 THIS ONE DOES NOT.
19:39:58 THE SCALE DOES NOT ENSURE PUBLIC HEALTH, SAFETY AND
19:40:03 WELFARE AND NOT COMBATABLE WITH CONTIGUOUS PROPERTIES.
19:40:08 TO THE CONTRARY, AN INTENSIVE DISRUPTIVE TO THE
19:40:14 PALEAZ'S RECORD AND REQUEST CITY COUNCIL TO DENY THE
19:40:15 WAIVER AND SPECIAL USE REQUEST.
19:40:18 IF I STILL HAVE A MOMENT, I WOULD LIKE TO THE SHOW
19:40:19 PHOTOGRAPHS THAT I BROUGHT.
19:40:23 THIS IS MR. PALAEZ'S SON'S HOME.
19:40:24 THE USE BEHIND IT.
19:40:28 THIS IS HIS HOME FROM THE PARKING LOT.
19:40:31 THIS IS HIS ROOFTOP.
19:40:34 AND THIS IS THE CHILD CARE CENTER, THE VIEW FROM THE
19:40:37 PARKING LOT OF THE PROPOSED USE.
19:40:42 AND SO, AGAIN, WE URGE THE COUNCIL TO DENY THE WAIVER
19:40:46 AND DENY THE SPECIAL USE REQUEST.
19:40:47 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:40:51 WE ARE GOING TO SANITIZE THE LECTERN AFTER EACH SPEAKER
19:40:53 FOR EVERYONE'S SAFETY AND THEN HAVE THE NEXT SPEAKER
19:41:10 UP.
19:41:11 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:41:12 NEXT SPEAKER.
19:41:14 PLEASE STATE YOUR NAME.
19:41:18 >> MICHAEL PELAEZ.
19:41:19 >>GUIDO MANISCALCO: YES, SIR.
19:41:20 >> HOW ARE YOU DOING.
19:41:22 >>GUIDO MANISCALCO: GREAT, HOW ARE YOU.
19:41:25 >> OH, NOT TOO BAD.
19:41:26 I CAN'T SEE ANYBODY.
19:41:28 >>GUIDO MANISCALCO: WE CAN SEE YOU.
19:41:31 YOU SHOULD BE ABLE TO SEE THE DAIS.
19:41:35 IT MIGHT BE SMALL ON THE SCREEN.
19:41:36 >>GUIDO MANISCALCO: WE CAN SEE YOU.
19:41:39 >> I LIVED IN THIS NEIGHBORHOOD FOR OVER 70 YEARS.
19:41:43 AND I INVESTED MY LIFE, MY FAMILY AND MY BUSINESS IN
19:41:46 THIS AREA.
19:41:53 AND MY CONCERNS ARE IF THEY PUT A LIQUOR STORE THERE --
19:41:56 VENUE, THAT IT WOULD HAVE A DEVASTATING EFFECT ON THE
19:41:59 PROPERTY, THE PROPERTY VALUE WILL DROP.
19:42:04 IT WOULD BE LESS SAFE FOR MY FAMILY TO BE OUT ON THE
19:42:09 STREET WITH THE EXTRA TRAFFIC AND STUFF GOING AROUND.
19:42:13 AND BESIDES, I HAVE A DAY-CARE CENTER HERE THAT
19:42:16 CONSTANTLY TRAFFIC GOING IN AND OUT AND WITH THE EXTRA
19:42:19 TRAFFIC, IT WOULD PUT A LIQUOR STORE THERE.
19:42:24 THE EXTRA TRAFFIC FROM THAT LIQUOR STORE WILL INTERFERE
19:42:27 WITH THE TRAFFIC COMING FROM THE RESTAURANT AS WELL AS
19:42:34 MY BUSINESS.
19:42:39 AND IT IS JUST -- IT WOULD EFFECT MY BUSINESS IN
19:42:40 ANOTHER WAY TOO.
19:42:43 IF A PARENT SEES A LIQUOR STORE ACROSS THE STREET, IT
19:42:47 MAY NOT WANT TO PUT THEIR CHILD IN MY CENTER BECAUSE OF
19:42:48 THE LIQUOR STORE.
19:42:52 JUST BECAUSE OF THE NATURE OF THE BUSINESS.
19:42:56 AND ALSO ON THAT ONE CORNER OF DALE MABRY AND FIG
19:42:58 STREET, THERE IS CONSTANTLY -- CONSTANT ACCIDENTS
19:42:59 THERE.
19:43:02 I MEAN THERE ARE HUNDREDS OF ACCIDENTS EVERY YEAR
19:43:03 THERE.
19:43:06 YOU CAN CHECK THE RECORDS AND SEE JUST THE OTHER DAY WE
19:43:09 HAD A TURNOVER AND THEY HIT THAT BUILDING, THEY HIT THE
19:43:13 FIRE EXTINGUISHER THERE -- I MEAN THE FIRE HYDRANT.
19:43:17 AND CONSTANTLY -- TRAFFIC THAT ONE AREA IF YOU PUT
19:43:19 ANOTHER BIG BUSINESS THERE LIKE A LIQUOR STORE OR
19:43:23 SOMETHING, IT WOULD INTERFERE WITH THE -- WITH THE
19:43:25 TRAFFIC FLOW OF THE NEIGHBORHOOD.
19:43:29 IT JUST -- IT WOULD DESTROY IT COMPLETELY.
19:43:32 AND I JUST HOPE YOU DENY THE REQUEST FOR THE LIQUOR
19:43:34 STORE TO BE PUT THERE.
19:43:36 THANK YOU VERY MUCH.
19:43:38 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
19:43:40 >>JOHN DINGFELDER: I HAVE A QUESTION FOR THE
19:43:40 GENTLEMAN.
19:43:44 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, YES, SIR.
19:43:46 >>JOHN DINGFELDER: I DON'T KNOW IF YOU CAN SEE ME.
19:43:47 >> I CAN SEE YOU.
19:43:49 >>JOHN DINGFELDER: OKAY.
19:43:53 THE -- OBVIOUSLY THE -- THE BUILDING HAS BEEN THERE AND
19:43:59 THE PARKING LOT HAS BEEN THERE FOR QUITE A WHILE AS A
19:44:02 ROOMS-TO-GO, AS A RETAIL.
19:44:06 THIS PARTICULAR APPLICANT IS BASICALLY -- I DON'T --
19:44:08 DOESN'T LOOK LIKE THEY ARE CHANGING MUCH OF ANYTHING
19:44:11 AND WILL PUT A DIFFERENT SIGN OUT OF THE INTERIOR.
19:44:15 FROM AN EXTERIOR PERSPECTIVE IT STAYS THE SAME IN TERMS
19:44:17 OF THE BUILDING AND PARKING LOT.
19:44:21 CAN YOU TESTIFY, YOU KNOW, FROM YOUR PERSPECTIVE AS
19:44:25 PROPERTY OWNER, YOU AND, WHY FAMILY, WHAT IS THE
19:44:26 DIFFERENCE?
19:44:30 IT IS ALREADY -- IT IS ALREADY BEEN A RETAIL USE.
19:44:33 SO WHAT IS THE DIFFERENCE IN TERMS OF THE PROPOSED
19:44:34 ALCOHOL USE?
19:44:37 >> MY CONCERN IS THAT IF THEY GO IN THERE, LET'S SAY
19:44:41 THEY BUY SOME LIQUOR AND GO OUT TO THE PARKING LOT AND
19:44:44 DECIDE TO TAKE A FEW SIPS OF THE LIQUOR AND DECIDE TO
19:44:47 GO ON THE STREET AND MAKE A LEFT-HAND TURN AND GO DOWN
19:44:48 MY STREET.
19:44:51 AND THERE IS A LOT OF PEOPLE WALKING THEIR CHILDREN AND
19:44:52 THE DOGS AND STUFF.
19:44:54 I MEAN, THIS IS A YOUNG NEIGHBORHOOD.
19:44:57 A LOT OF PEOPLE WALKING THEIR ANIMALS AND RUNNING AND
19:44:58 STUFF LIKE THAT.
19:45:02 WITH EXTRA TRAFFIC COMING OFF OF THE -- BY THE ALCOHOL
19:45:07 SALES AND STUFF, THAT IT WOULD CAUSE A MAJOR -- I JUST
19:45:09 HOPE IT DOESN'T HAPPEN BECAUSE I HATE TO SEE SOMEONE
19:45:13 GET HURT OVER SOMETHING LIKE THIS WHEN IT IS NOT
19:45:14 NECESSARY.
19:45:17 THERE IS A NICE BUILDING AT 701 DALE MABRY THAT THEY
19:45:18 CAN GO TO.
19:45:21 IT IS A NICE BIG BUILDING, THEY CAN USE THAT ONE.
19:45:25 AND MUCH EASIER NOT AROUND RELATIVES OR FAMILIES OR
19:45:27 NOTHING LIKE THAT.
19:45:29 >>JOHN DINGFELDER: THANK YOU, SIR.
19:45:30 >> THANK YOU.
19:45:31 >>ORLANDO GUDES: SIR.
19:45:36 >>GUIDO MANISCALCO: COUNCILMAN GUDES, YES, SIR.
19:45:38 >> HOW LONG HAS THAT DAY-CARE CENTER BEEN THERE?
19:45:42 >> I HAVE BEEN THERE 50 YEARS.
19:45:44 >>ORLANDO GUDES: THE DAY CARE, 50 YEARS?
19:45:47 >> IT HAS BEEN A DAY CARE FOR 55 YEARS.
19:45:49 >>ORLANDO GUDES: THANK YOU, SIR.
19:45:52 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:46:20 WE WILL SANITIZE THE LECTERN AND HAVE THE NEXT SPEAKER.
19:46:22 >>GUIDO MANISCALCO: NEXT SPEAKER.
19:46:24 STATE YOUR NAME.
19:46:27 >> ALICE PASTORELLI.
19:46:27 >>GUIDO MANISCALCO: ALL RIGHT.
19:46:29 GO AHEAD.
19:46:34 >> I AM SURE HE IS AN UPSTANDING CITIZEN, OKAY.
19:46:36 I HAVE LIVED ON THIS BLOCK FOR 65 YEARS.
19:46:37 I HAVE SEEN IT GROW.
19:46:38 YOU CAN'T STOP GROWTH.
19:46:44 I GET THAT; HOWEVER, THIS PICTURE, THEY ARE SO KEEN TO
19:46:45 POINT OUT NORTH B.
19:46:49 LET ME POINT OUT SOME OTHER PLACES FOR YOU, OKAY.
19:46:50 DAY CARE.
19:46:52 MY BROTHER'S HOUSE.
19:46:53 MY HOUSE.
19:46:55 MY SISTER'S HOUSE.
19:46:57 MY SISTER'S HOUSE.
19:46:58 MY SISTER'S HOUSE.
19:47:01 ALL OVER HERE, FAMILY, NEIGHBORS WE HAVE KNOWN FOR
19:47:01 YEARS.
19:47:04 THIS IS A WALKABLE NEIGHBORHOOD.
19:47:07 IT IS COMING -- UP AND COMING.
19:47:09 NEW NEIGHBORS ARE MOVING IN EVERY DAY.
19:47:10 THEY WALK THE NEIGHBORHOOD.
19:47:13 THIS IS NOT GOING TO HELP US.
19:47:17 I HAVE CONCERNS ABOUT THE TRAFFIC AS HAS BEEN
19:47:18 DISCUSSED.
19:47:21 YOU ASKED ABOUT -- ASKED ABOUT THE CALL VOLUME -- CALL
19:47:25 VOLUME -- SORRY, I AM A LITTLE NERVOUS.
19:47:26 THE PARKING SITUATION.
19:47:28 WHEN IT IS A KIDS ROOMS-TO-GO.
19:47:31 THEY ARE GOING IN THERE AND BUYING FURNITURE.
19:47:33 THEY ARE SPENDING TIME IN THERE.
19:47:35 YOU ARE GOING TO THE LIQUOR STORE, YOU GET IN AND OUT
19:47:37 AND THE VOLUME IS HIGH.
19:47:42 I GOOGLED WHILE I WAS SITTING HERE WATCHING THE
19:47:45 PREVIOUS FOLKS HERE, HOW MANY LIQUOR STORES WITHIN FIVE
19:47:49 MILE OF 33609 WHICH IS WHERE THEY WANT TO PUT IT.
19:47:50 YOU HAVE TOTAL WINE.
19:47:52 YOU HAVE ABC.
19:47:56 LUEKENS STORE THAT IS JUST UP BY WEST SHORE.
19:47:59 THEY ALREADY HAVE A STORE THERE THAT THEY DO VERY WELL
19:48:01 AT.
19:48:02 WYNN DIXIE.
19:48:02 PUBLIC.
19:48:07 THREE PUBLIXS.
19:48:10 THEY HAVE LIQUOR STORES.
19:48:12 LIQUOR AND CIGARS.
19:48:14 HOW MANY LIQUOR STORES.
19:48:16 TRAFFIC, THEY SPEED.
19:48:19 YOU CAN YELL AT THEM.
19:48:20 ADD SIGNS.
19:48:22 ALCOHOL AND PARTYING MIX.
19:48:24 IT IS NOT GOING TO WORK.
19:48:27 I AM ASKING YOU FOR OUR COMMUNITY'S SAKE, DO NOT
19:48:28 APPROVE THIS.
19:48:30 THERE ARE ENOUGH LIQUOR STORES AROUND.
19:48:34 ENOUGH ESTABLISHMENTS TO ENTERTAIN THESE PEOPLE.
19:48:35 THERE ARE RESTAURANTS.
19:48:37 DON'T RUIN OUR COMMUNITY.
19:48:40 AND IT JUST KEEPS GETTING FURTHER AND FURTHER IN.
19:48:43 AND I BEG YOU, DON'T DO IT.
19:48:44 DON'T DO IT.
19:48:46 IT IS GOING TO AFFECT ALL OF OUR LIVES.
19:48:48 AND RUIN THIS NEIGHBORHOOD.
19:48:49 THANK YOU.
19:48:59 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:49:00 OKAY.
19:49:15 WE WILL SANITIZE THE LECTERN AND NEXT SPEAKER.
19:49:22 IF WE CAN SWITCH OVER TO THE KIOSK.
19:49:25 DO WE HAVE ANYBODY ELSE HERE FOR PUBLIC COMMENT.
19:49:28 YES, SIR, I SEE YOU SIR.
19:49:29 STATE YOUR NAME.
19:49:33 >> TROY PELAEZ, WEST GRAY STREET.
19:49:36 I AM A FORMER CITY OF TAMPA FIRE MARSHAL INSPECTOR, AND
19:49:40 I ALSO LIVE ON THAT BLOCK.
19:49:44 MY FAMILY FAILED TO MENTION TO YOU, I LIVED THERE FOR
19:49:45 60 YEARS.
19:49:49 THEY LIVED THERE LONGER BECAUSE THEY ARE OLDER THAN ME.
19:49:51 AS FAR AS DEVELOPMENT, I HAVE NO PROBLEM WITH
19:49:52 DEVELOPMENT.
19:49:54 BUT AS FAR AS LIQUOR STORES, WE HAVE THREE IN OUR
19:49:56 NEIGHBORHOOD AS MY SISTER ALREADY MENTIONED.
19:49:58 AND YOU WANT TO ADD ANOTHER ONE.
19:50:01 THE SAME COMPANY WANTS TO ADD ANOTHER LIQUOR STORE.
19:50:05 IT IS LIKE ADDING ANOTHER MCDONALD'S, I GUESS.
19:50:11 NOW AS FAR AS THE MAIN USE AROUND THAT, IT'S ALL ZONED
19:50:14 RESIDENTIAL.
19:50:16 AND MR. DINGFELDER, YOU ARE CORRECT.
19:50:21 IT IS 200 FEET FROM THE CORNERS OF THE BLACK.
19:50:22 AS FAR AS THE DAY CARE.
19:50:25 IT IS RIGHT ACROSS THE STREET.
19:50:27 ACCIDENTS, YEAH, THEY HAPPEN THERE ALL THE TIME.
19:50:31 IT IS ONE OF THE HIGHEST INCIDENTS IN TAMPA.
19:50:33 I HAVE BEEN THERE MANY TIMES ON THE BACK OF AN ENGINE
19:50:36 IN MY NEIGHBORHOOD.
19:50:39 I HAVE ALSO RENDERED ASSISTANCE WHEN ACCIDENTS HAPPENED
19:50:41 IN FRONT OF ME.
19:50:43 I DO THE GOOD SAMARITAN THING.
19:50:49 APPROVING ANOTHER LIQUOR STORE, TALKING TO A FIRE
19:50:55 FIGHTER WHO HAS BEEN TO MANY FIRE DEATHS FROM LIQUOR.
19:50:56 YOU ROLL UP.
19:50:57 YOU CAN SMELL IT.
19:51:00 AND YOU KNOW WHAT, I DON'T THINK I WANT THAT IN MY
19:51:01 NEIGHBORHOOD.
19:51:06 AND AS FAR AS CITIZENS, GOOD CITIZEN VOTES.
19:51:10 AS FAR AS LUEKEN CORPORATION, THEY ARE JUST ANOTHER
19:51:10 CORPORATION.
19:51:13 I LOVE THEM RIGHT WHERE THEY ARE AT.
19:51:17 COMING TO MY NEIGHBORHOOD, THAT CLOSE, NO.
19:51:20 THEY CAN STAY RIGHT WHERE THEY ARE AT.
19:51:21 THEY ARE DOING JUST FINE.
19:51:22 APPRECIATE THE TIME.
19:51:27 AND I APPRECIATE THE VOICE THAT YOU GIVE US.
19:51:31 BUT AT THE SAME TIME, EVERYBODY WHO GOT ELECTED THERE
19:51:34 SAID THEY WERE GOING TO EMPOWER THE PEOPLE.
19:51:36 AND THAT'S WHAT I WOULD LIKE TO DO.
19:51:37 VOTE NO.
19:51:42 IF NOT, PUT A MORATORIUM UNTIL YOU CAN FIGURE IT OUT.
19:51:46 BECAUSE COVID IS NOT GOING TO LEAVE US ANY TIME SOON.
19:51:50 A BIGGER FISH TO FRY THAN OTHER ALCOHOL SALES.
19:51:53 ADDING THIS IS JUST ADDING FUEL TO THE FIRE.
19:51:54 THANK YOU.
19:51:55 I APPRECIATE YOUR TIME.
19:51:56 ANY QUESTIONS.
19:52:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
19:52:01 ALL RIGHT.
19:52:02 >> ANY QUESTIONS.
19:52:03 >>GUIDO MANISCALCO: NO?
19:52:04 ALL RIGHT.
19:52:05 THANK YOU VERY MUCH, SIR.
19:52:05 >> THANK YOU.
19:52:08 >>GUIDO MANISCALCO: ALL RIGHT, ANY QUESTIONS FROM
19:52:13 COUNCIL BEFORE WE GO BACK TO MR. GRANDOFF.
19:52:15 >>JOHN DINGFELDER: THANK YOU FOR YOUR SERVICE, THE
19:52:17 GENTLEMAN.
19:52:19 >> WE HAVE ONE MORE PERSON WHO WOULD LIKE TO SPEAK.
19:52:20 >>GUIDO MANISCALCO: OH, OKAY.
19:52:21 ALL RIGHT.
19:52:24 WE WILL SANITIZE THE LECTERN AND GET THE NEXT SPEAKER.
19:52:35 ONE MORE SPEAKER.
19:52:39 YES, SIR, PLEASE STATE YOUR NAME.
19:52:49 >> CHRISTOPHER JALO WITH BIGTOWN LIQUORS.
19:52:51 AND I KNOW --
19:52:54 >>GUIDO MANISCALCO: WAIT, JUST A MOMENT.
19:52:57 >>MARTIN SHELBY: MR. GRANDOFF, PART OF YOUR REBUTTAL
19:52:58 TIME.
19:53:03 IS THIS THE GENTLEMAN THAT YOU REFERRED TO?
19:53:08 >>GUIDO MANISCALCO: IS HE PART OF YOUR REBUTTAL?
19:53:10 >> HE IS MY CLIENT.
19:53:14 IF WOULD YOU RATHER HIM TAKE MY REBUTTAL TIME.
19:53:17 >>MARTIN SHELBY: NORMALLY -- WAS THERE ANY TIME
19:53:22 REMAINING WHEN MR. GRANDOFF WAS MAKING HIS
19:53:23 PRESENTATION.
19:53:25 >> I BELIEVE, HE STILL HAS FIVE MINUTES.
19:53:28 >> OKAY, HE CAN SPEAK IN MY CASE-IN-CHIEF AND TAKE THE
19:53:31 FIVE MINUTES, AND I WILL HANDLE REBUTTAL.
19:53:31 >>GUIDO MANISCALCO: OKAY.
19:53:33 HE DIDN'T USE HIS WHOLE TIME.
19:53:35 GO AHEAD, SIR.
19:53:37 >> THANK YOU.
19:53:40 I WOULD JUST LIKE TO THANK YOU ALL AGAIN FOR ALLOWING
19:53:43 US TO BE HERE TODAY AND I WANTED TO GIVE YOU ALL AN
19:53:46 OPPORTUNITY TO NOT ONLY HEAR FROM ME AND ALSO
19:53:51 POTENTIALLY ASK ME ANY THAT YOU MAY HAVE OF OUR
19:53:54 OPERATIONS A AND WHAT WE INTEND TO DO AT OUR FACILITY
19:53:56 OTHER THAN WHAT WAS ALREADY READ TO YOU.
19:54:01 AS MR. GRANDOFF STATED, LUEKEN WINES AND SPIRITS
19:54:04 OPERATES SIX LIQUOR STORES, WINE, SPIRITS AND BEER AND
19:54:07 RETAIL STORES THROUGHOUT PINELLAS AND HILLSBOROUGH
19:54:07 COUNTY.
19:54:12 LUEKENS WINE AND SPIRIT HAS BEEN AROUND FOR 30 YEARS.
19:54:15 UNLIKE THE PICTURE THAT MY SOON-TO-BE HOPEFULLY
19:54:19 NEIGHBORS HAVE TRIED TO PAINT OF US, WE ARE NOT SOME
19:54:23 SEEDY LIQUOR STORE OR ESTABLISHMENT THAT ALLOWS
19:54:25 VAGRANTS TO COME IN AND OUT OF OUR FACILITIES.
19:54:31 LUEKENS OPERATES WHAT WE LIKE TO THINK OF FIRST-CLASS
19:54:35 RETAIL FACILITIES, BRIGHT, VIBRANT, AND GIVE BACK TO
19:54:35 THE COMMUNITY.
19:54:39 ONE THING THAT WAS HARPED UPON A LOT BY MY NEIGHBORS IS
19:54:43 WHAT PUBLIC HEALTH, SAFETY, WELFARE DO WE PROVIDE FOR A
19:54:43 COMMUNITY.
19:54:45 I THINK IT IS PRETTY SELF-EVIDENT.
19:54:46 WE PROVIDE JOBS.
19:54:52 WE PROVIDE A SENSE OF ECONOMIC BOOM TO OUR COMMUNITIES.
19:54:55 WE EMPLOY OVER 60 PLUS PEOPLE JUST AT OUR LIQUOR STORE
19:54:58 FACILITIES, THAT IS OUTSIDE OF ALL THE OTHER BUSINESS
19:55:00 ESTABLISHMENTS PETITION OPERATE.
19:55:05 DURING THIS PANDEMIC, AND UNFORTUNATELY, IT STRUCK A
19:55:06 LOT OF PEOPLE TO THEIR NERVE.
19:55:07 PEOPLE COULD NOT WORK.
19:55:11 NOT ONLY WERE WE ABLE TO STAY OPERATIONAL AND EMPLOY
19:55:14 OUR EMPLOYEES, WE WERE ABLE TO EMPLOY PEOPLE FROM OTHER
19:55:18 INDUSTRIES, HOSPITALITY INDUSTRIES THAT WEREN'T ABLE TO
19:55:20 CONTINUE WITH THEIR WORK AND GIVE THEM SOMEWHERE TO
19:55:24 COME WORK FOR US, EVEN WHEN WE DIDN'T HAVE SPOTS
19:55:28 AVAILABLE, WE TOOK PEOPLE ON SO PEOPLE COULD HAVE A
19:55:30 SENSE OF PURPOSE AND GET BACK TO WORK.
19:55:33 AND AS I MENTIONED, LUEKENS HAS BEEN AROUND FOR
19:55:34 30-PLUS YEARS.
19:55:36 WE ARE A FAMILY BUSINESS.
19:55:40 OUR MONEY AND STAYS WITH IN THE COMMUNITY.
19:55:43 WE ARE NOT -- NO OFFENSE TO THEM THE WALMARTS OR THE
19:55:47 TOTAL WINE OF THE WORLD, OUT OF STATE, OUT OF CITY
19:55:47 CORPORATIONS.
19:55:50 THAT MONEY GOES BACK OUT OF STATE AND OUTSIDE OF THESE
19:55:50 CITIES.
19:55:52 WE LIKE TO HAVE A SENSE OF COMMUNITY.
19:55:55 WE GIVE BACK TO OUR COMMUNITIES.
19:55:58 AND -- AND TO ADDRESS SOME OF THE CONCERNS THAT WERE
19:55:59 RAISED.
19:56:03 THIS IS A PACKAGE OFF-PREMISE LIQUOR STORE.
19:56:06 BY CODE AND BY LAW, CUSTOMERS CANNOT LEAVE THE LIQUOR
19:56:10 STORE, POP OPEN A BOTTLE AND START CONSUMING IT ON
19:56:11 PREMISE.
19:56:13 UNLIKE SOME OF THE RESTAURANTS AND BARS THAT ARE
19:56:16 ADJACENT TO US.
19:56:19 THERE IS NO CONSUMPTION ON PREMISE AT ANY OF OUR LIQUOR
19:56:20 STORES.
19:56:24 WE TAKE PRIDE IN GETTING ALONG WITH OUR NEIGHBORS.
19:56:26 WE HOPE TO GET ALONG WITH THE NEIGHBORS WHO ARE EVEN
19:56:27 HERE TODAY.
19:56:34 WE WISH NO ILL INTENT OR HARM FROM A -- FROM A PARKING
19:56:38 AND VAGRANCY STANDPOINT, I DON'T SEE ANY CHANGE FROM
19:56:42 WHAT CURRENTLY EXISTS AT DALE MABRY NOW.
19:56:45 AS WAS MENTIONED BY ONE OF THE COUNCILMEMBERS, IT WAS
19:56:48 ALREADY OPERATING AT A RETAIL STORE ESTABLISHMENT.
19:56:50 WE ARE NOT EXPANDING THE SIZE OF THE PROPERTY.
19:56:53 WE ARE NOT LOOKING TO GO FURTHER INTO THE COMMUNITY.
19:56:56 WE ARE KEEPING THE EXTERIOR THE BUILDING ALMOST
19:56:58 IDENTICALLY THE SAME.
19:57:01 CHANGES THE INTERIOR TO BRIGHTEN, TO MAKE IT MORE
19:57:05 LIVELY AND GIVE IT MORE OF A VIBRANT FEEL.
19:57:08 I DO DISAGREE WITH THE COMMENTS RAISED BY MY NEIGHBORS.
19:57:11 AND I WOULD -- I WOULD ALLOW THEM TO GIVE US AN
19:57:14 OPPORTUNITIES TO PROVE THAT.
19:57:17 THE PROPERTY ITSELF HAVE FENCES SURROUNDING THE
19:57:21 NEIGHBORS DIRECTLY ADJACENT TO PROTECT THEM FROM OUR
19:57:22 PROPERTY EVEN FURTHER.
19:57:24 AGAIN I OPEN THE FLOOR TO THE COUNCIL IF YOU HAVE
19:57:27 QUESTIONS TO ME AS TO OUR OPERATIONS AND WHAT WE DO AND
19:57:33 WHAT WE MAY NOT BE DOING, PLEASE, I WELCOME THEM.
19:57:35 >>GUIDO MANISCALCO: COUNCILMAN CITRO.
19:57:38 >>JOSEPH CITRO: MR. CHAIR, THANK YOU VERY MUCH.
19:57:39 YES, SIR, THANK YOU VERY MUCH.
19:57:42 WHAT ARE THE HOURS OF OPERATIONS OF THIS LIQUOR STORE
19:57:45 GOING TO BE?
19:57:48 >> WE -- OBVIOUSLY WE DO NOT INTEND TO OPERATE THE
19:57:52 HOURS OUTSIDE OF THE CITY ORDINANCES, BUT ALMOST ALL OF
19:57:55 OUR CURRENT STORES OPERATE FROM 8 A.M. UNTIL 10 P.M.
19:58:00 MONDAY THROUGH SATURDAY AND THEN SUNDAY IS -- IT WAS
19:58:05 FOR THE MOST PART 11 A.M. UNTIL 9 P.M., BUT THE -- I
19:58:07 KNOW THE CITY OF TAMPA JUST CHANGED THEIR ORDINANCE TO
19:58:10 ALLOW LIQUOR STORES TO OPEN UP EARLIER IN THE DAY OR
19:58:14 THE SALE OF ALCOHOL TO BE EARLIER THAN 11:00.
19:58:17 I DON'T BELIEVE WE HAVE IMPLEMENTED THAT CHANGE AT OUR
19:58:21 CURRENT TAMPA LOCATION, BUT NONE OF OUR LIQUOR STORES
19:58:24 EVER OPENED PAST MIDNIGHT AND 11 P.M. EVEN THOUGH WE
19:58:28 ARE ALLOWED TO STAY OPEN LATER, WE DO NOT, FOR FAMILY
19:58:29 REASONS.
19:58:31 WE WANT OUR EMPLOYEES TO GO HOME.
19:58:33 WE WANT TO GET HOME SAFELY.
19:58:36 DON'T WANT TO DRIVE HOME AT NIGHT.
19:58:40 MY FATHER INSTILLED THAT ON MY BROTHER AND I OPERATING
19:58:44 OTHER RETAIL STORES NOT JUST LIQUOR STORES, NOT HAVING
19:58:47 TO TAKE ADVANTAGE OF EVERY NOOK AND CRANNY BUT ALWAYS
19:58:49 STAY WITHIN THE ORDINANCE REQUIREMENTS.
19:58:51 >>JOSEPH CITRO: I APPRECIATE THAT.
19:58:58 I AM JUST WONDERING, HOW MANY BEDS -- CHILDREN BEDS --
19:59:03 PEOPLE ARE BUYING AS OPPOSED TO A BOTTLE OF CARDEW.
19:59:07 HOW MANY CHILDREN'S CHEST OF DRAWERS ARE BOUGHT WITH
19:59:09 LINDERMAN'S BIN 61.
19:59:13 YOU KNOW, HOW MANY CLOSETS ARE BEING BOUGHT AS OPPOSED
19:59:17 TO A -- TO A 24-PACK OF -- OF BUD LIGHT.
19:59:22 SO I -- I AM ASSUMING -- I CAN'T SAY FOR SURE, I DON'T
19:59:24 KNOW, BUT YOU THINK A HECK OF A LOT MORE TRAFFIC AT
19:59:28 THIS TYPE OF ESTABLISHMENT AS OPPOSED TO A ROOMS-TO-GO
19:59:31 CHILDREN'S STORE?
19:59:35 >> NOT OPERATING ROOMS-TO-GO OR CHILDREN'S FURNITURE
19:59:37 STORES.
19:59:39 ROOMS-TO-GO IS PROBABLY ONE OF THE LARGEST FURNITURE
19:59:44 STORES IN THE COUNTRY AND I WOULD ASSUME THEY WERE
19:59:46 FAIRLY BUSY.
19:59:49 I CAN'T SPEAK OF THEM IN THEIR BUSINESS.
19:59:52 AND THE ENTRANCE TO OUR PARK LOG THE IS NOT TOO FAR
19:59:54 INTO FIG STREET.
19:59:56 I DON'T BELIEVE WE ARE GOING TO BRING ANY ADDITIONAL
19:59:59 TRAFFIC CONTINUE TO DALE MABRY THAT ALREADY EXISTS ON
19:59:59 DALE MABRY.
20:00:02 AS THE COUNCILMEMBERS KNOW, DALE MABRY IS A VERY BUSY
20:00:03 ROADWAY.
20:00:05 I THINK WE WOULD SIMPLY BE TAKING ADVANTAGE OF THE
20:00:09 TRAFFIC THAT ALREADY EXISTS AS OPPOSED TO BRINGING ON A
20:00:13 SIGNIFICANTLY LARGER FLOW OF TRAFFIC.
20:00:16 >>JOSEPH CITRO: AGAIN, I ALWAYS HAVE CONCERNS WHEN ANY
20:00:17 TYPE OF ESTABLISHMENT.
20:00:20 RETAIL ESTABLISHMENT ABUTS A RESIDENTIAL AREA
20:00:24 ESPECIALLY WITH LARGE PARKING LOTS AND -- AND IN THE
20:00:28 EVENINGS AT NIGHT, CARS, HEADLIGHTS SHINING INTO
20:00:33 SOMEBODY'S HOUSE OR, YOU KNOW THINGS THAT MAY KEEP
20:00:34 PEOPLE AWAKE AT NIGHT.
20:00:34 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:00:35 ANYBODY ELSE?
20:00:36 IF NOT, WE GO TO MR. GRANDOFF.
20:00:41 >> WE ARE GOING TO HAVE THE LECTERN SANITIZED, SIR.
20:00:50 >> AND FOR THE RECORD, THE CLERK DID RECEIVE WRITTEN
20:00:59 COMMENTS FOR THIS ITEM.
20:01:00 >>GUIDO MANISCALCO: ALL RIGHT.
20:01:00 WE'LL RECEIVE THOSE.
20:01:08 THANK YOU VERY MUCH.
20:01:08 MR. GRANDOFF, YES, SIR.
20:01:10 THIS IS YOUR REBUTTAL.
20:01:11 >>JOHN GRANDOFF: YES, SIR.
20:01:13 FIVE MINUTES, CORRECT?
20:01:14 >>GUIDO MANISCALCO: YES, SIR.
20:01:16 >>JOHN GRANDOFF: I WILL DO IT IN LESS.
20:01:17 THANK YOU, CHRIS, FOR YOUR INFORMATION AND YOUR
20:01:19 OPERATION, AND THANK YOU FOR YOUR QUESTIONS, COUNCIL.
20:01:24 A FEW POINTS I WOULD LIKE TO STATE ON REBUTTAL.
20:01:28 MOST OF THESE STATEMENTS WERE CONCLUSORY.
20:01:31 THERE'S NO EVIDENCE PUT IN THE RECORD TO DEMONSTRATE
20:01:34 SIGNIFICANT IMPACT OF PUBLIC HEALTH, SAFETY AND WELFARE.
20:01:37 WE HAVE JUSTIFIED THE ENTITLEMENT TO THE WAIVER, GIVEN
20:01:43 JUST THE GEOGRAPHICS OF THE SITE AND THE DISTANCE OF THE
20:01:46 PARKING LOT TO THE HOMES.
20:01:49 WHAT IS THE DIFFERENCE?
20:01:51 IT'S A VERY RHETORICAL QUESTION.
20:01:54 WHAT IS THE DIFFERENCE?
20:01:55 THERE WILL NOT BE CONSUMPTION ON THE PREMISES.
20:01:58 THIS IS A QUALITY SPIRITS AND WINE STORE.
20:02:04 THERE WILL BE NO LOITERING.
20:02:06 AND THE STATEMENT FROM THE OPPOSITION ABOUT OTHER LIQUOR
20:02:13 STORES, ABILITY THERE ARE, QUOTE, ENOUGH AROUND, IS NOT
20:02:17 THE TEST FOR SPECIAL USE APPLICATION.
20:02:20 THAT IS NOT EVIDENCE.
20:02:22 THE GENTLEMAN WANTS TO COMPETE IN A FAIR MARKET, AND HE'S
20:02:25 PROVEN THAT HE HAS THE METTLE TO DO SO, AND THAT HE'S A
20:02:30 RESPONSIBLE BUSINESSMAN, AND I SUGGEST TO YOU THAT HE IS
20:02:34 DESERVING OF YOUR APPROVAL.
20:02:36 I HAVE CONSIDERED MRS. HATLEY'S TARDY LETTER TO US IN
20:02:43 OPPOSITION.
20:02:45 SHE AGAIN STATES CONCLUSORY THAT WE ARE NOT IN
20:02:49 CONFORMANCE WITH THE GENERAL STANDARDS SET FORTH IN
20:02:52 27-120 BUT OFFERS NO EVIDENCE, AND SHE STATES THAT THERE
20:02:55 WILL BE A DISRUPTIVE AND INTRUSIVE IMPACT ON SURROUNDING
20:02:59 PROPERTIES, BUT NO EVIDENCE TO THAT EFFECT.
20:03:03 YOU CANNOT BASE YOUR DECISION ON THOSE TYPES OF
20:03:05 STATEMENTS.
20:03:06 I RESPECTFULLY REQUEST YOUR APPROVAL THIS EVENING.
20:03:09 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
20:03:11 ANY QUESTIONS OR COMMENTS FROM COUNCIL BEFORE WE GET A
20:03:16 MOTION TO CLOSE?
20:03:16 NO?
20:03:18 COUNCILMAN GUDES.
20:03:19 >>ORLANDO GUDES: MS. DOCK.
20:03:22 IS SHE STILL THERE WITH US?
20:03:23 >>LACHONE DOCK: YES.
20:03:25 >>ORLANDO GUDES: HOW MANY ALCOHOL ESTABLISHMENTS OF A
20:03:29 LIQUOR LICENSE TO A SCHOOL OR DAYCARE?
20:03:33 >>LACHONE DOCK: I'M SORRY, COUNCILMAN GUDES, CAN YOU
20:03:38 REPEATS THE QUESTION?
20:03:40 >>ORLANDO GUDES: HOW MANY FEET ARE ALLOWED OR NOT
20:03:42 ALLOWED FOR A LIQUOR LICENSE OR LIQUOR ESTABLISHMENT NEXT
20:03:45 TO A DAYCARE OR SCHOOL?
20:03:47 >>LACHONE DOCK: YES, LACHONE DOCK, DEVELOPMENT
20:03:51 COORDINATION.
20:03:53 FOR THIS REQUEST THEY ARE NOT REQUIRED TO REQUEST THAT
20:03:56 SEPARATION FROM A SCHOOL OR DAYCARE.
20:04:03 HIS REQUESTING REQUIREMENT IS TO HAVE THE DISTANCE
20:04:05 SEPARATION FROM A RESIDENCE.
20:04:11 >>ORLANDO GUDES: HOW MANY FEET IS THE DAYCARE FROM THE
20:04:13 ESTABLISHMENT?
20:04:14 >>LACHONE DOCK: I DON'T KNOW THE EXACT MEASUREMENT.
20:04:25 I JUST DON'T HAVE IT.
20:04:27 >>ORLANDO GUDES: YOU DON'T HAVE IT.
20:04:33 NO PROBLEM.
20:04:34 THANK YOU.
20:04:34 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:04:35 COUNCILMAN DINGFELDER?
20:04:37 >>JOHN DINGFELDER: WELL, THANK YOU.
20:04:42 TWO THINGS.
20:04:45 I RECALL YEARS AGO, I GUESS, THAT THERE WAS A DIFFERENT
20:04:48 REQUIREMENT TO SCHOOLS AND DAYCARE.
20:04:51 A FOLLOW-UP TO WHAT MR. GUDES IS REFERRING TO.
20:04:55 DID THE CODE CHANGE?
20:04:56 >>LACHONE DOCK: SO THIS LOCATION IS IN THE WESTSHORE
20:05:01 BUSINESS CENTER.
20:05:02 THE WESTSHORE BUSINESS CENTER IS 250 FEET TO RESIDENTIAL
20:05:05 USE.
20:05:05 >>JOHN DINGFELDER: BUT THERE'S NO DISTANCE SEPARATION
20:05:09 FOR SCHOOLS THAT ARE REQUIRED.
20:05:11 >>LACHONE DOCK: CORRECT.
20:05:13 ALL OF THE AREAS OF THE CITY ARE FROM RESIDENTIAL USES,
20:05:16 AND OTHER AB ESTABLISHMENTS.
20:05:20 >>JOHN DINGFELDER: AND THE WESTSHORE IS -- FOR WHATEVER
20:05:24 REASON.
20:05:24 >>LACHONE DOCK: CORRECT.
20:05:26 >>JOHN DINGFELDER: THEN MRS. DOCK, YOU INDICATED EARLIER
20:05:28 IN THE HEARINGS THAT YOU MIGHT BE ABLE TO GIVE US
20:05:32 SPECIFICITY ABOUT HOW MANY HOMES WOULD BE IN THAT CIRCLE.
20:05:37 WERE YOU ABLE TO GET THAT?
20:05:41 >>LACHONE DOCK: I WOULD LIKE TO CLARIFY, THE DISTANCE
20:05:43 SEPARATION IS MEASURED IN A STRAIGHT LINE FROM THE
20:05:47 BOUNDARY OF THE ALCOHOLIC BEVERAGE SALES AREA TO THE
20:05:50 PROPERTY BOUNDARY OF THE SPECIFIED SURROUNDING USE, SO
20:05:55 THAT RESIDENTIAL USE THAT YOU SAW TO THE SOUTH WOULD BE
20:05:58 THE CLOSEST IN DISTANCE, AND THE MEASUREMENT IS TAKEN
20:06:01 FROM THE ACTUAL STRUCTURE OF THE PROPOSED ALCOHOL
20:06:04 BEVERAGE SALES.
20:06:07 SO THAT IS WHY -- THAT WAS THE CLOSEST RESIDENTIAL, WAS
20:06:13 THE LOCATION.
20:06:14 SO THE REQUEST IS FROM THE ACTUAL STRUCTURE ITSELF.
20:06:21 THE OTHER POINTS OF CLARIFICATION I WOULD JUST LIKE TO
20:06:24 MENTION, THIS REQUEST IS FOR PACKAGE SALES, FOR
20:06:27 CONSUMPTION OFF-PREMISES ONLY.
20:06:30 SO CONSUMPTION CANNOT OCCUR OUTSIDE OF THE ESTABLISHMENT.
20:06:33 YOU MUST BE AT LEAST 500 FEET AWAY.
20:06:36 >>JOHN DINGFELDER: ALL RIGHT.
20:06:39 SO IT'S UNCONTROVERTED THAT -- MS. DOCK, I NEED YOU TO
20:06:46 CONFIRM THIS -- IT'S UNCONTROVERTED THAT AT LEAST ONE OR
20:06:50 MORE RESIDENCES THAT ARE WITHIN THE 250-FOOT AREA.
20:06:55 CORRECT?
20:06:56 >>LACHONE DOCK: THERE IS MORE THAN ONE WITHIN 250 FEET.
20:06:59 CORRECT.
20:06:59 >>JOHN DINGFELDER: THANK YOU.
20:07:03 >>LACHONE DOCK: YOU'RE WELCOME.
20:07:04 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:07:07 ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL BEFORE I ASK
20:07:09 FOR A MOTION TO CLOSE?
20:07:11 DO WE HAVE A MOTION TO CLOSE?
20:07:13 WE HAVE A MOTION TO CLOSE FROM COUNCILMAN GUDES.
20:07:15 SECOND FROM COUNCILMAN CARLSON.
20:07:17 ALL IN FAVOR?
20:07:18 ALL RIGHT.
20:07:18 ANY OPPOSED?
20:07:19 ALL RIGHT.
20:07:20 WELL, WHAT IS THE PLEASURE OF COUNCIL?
20:07:23 I CAN GO DOWN THE LINE UNLESS SOMEBODY WANTS TO TAKE THIS
20:07:26 ITEM.
20:07:29 WOULD ANYBODY LIKE TO READ ITEM NUMBER 11?
20:07:31 >>JOHN DINGFELDER: I DON'T HAVE THE PAPERWORK IN FRONT
20:07:45 OF ME TO BE ABLE TO RECOMMEND, EXACTLY READ WHERE I AM
20:07:50 GOING.
20:07:50 BUT I WOULD JUST LIKE TO SAY THAT IN MY OPINION THE
20:07:55 BURDEN IS ON THE PETITIONER, THE PETITIONER TO SHOW -- I
20:08:00 MEAN, THEY ARE ASKING FOR A WAIVER, AND THEREFORE IN
20:08:06 ASKING FOR THE WAIVER, TO ME THE BURDEN IS ON THEM,
20:08:08 SHOULD BE ON THEM, TO SHOW THAT, YOU KNOW, THAT IT DOES
20:08:13 NOT IMPACT THE HEALTH, SAFETY AND WELFARE OF THE
20:08:17 COMMUNITY, OR, AND ALSO, THAT IT IS COMPATIBLE WITH THE
20:08:22 SURROUNDING RESIDENTIAL.
20:08:26 AND I WOULD ARGUE STRENUOUSLY THAT THEY FAILED ON BOTH OF
20:08:29 THOSE ACCOUNTS.
20:08:31 IF THIS WAS AN ISOLATED BUILDING, YOU KNOW, FURTHER UP
20:08:34 THE STREET, WHEN I HEARD ABOUT IT, WHEN I SAW THIS, I
20:08:38 THOUGHT MAYBE ROOMS TO GO UP THE STREET THAT WAS ISOLATED
20:08:42 FROM THE COMMUNITY.
20:08:43 BUT THIS ISN'T ISOLATED FROM THE COMMUNITIES.
20:08:46 THEIR ACCESS POINT IS RIGHT THERE ON THE SIDE STREET.
20:08:49 I THINK THAT WOULD BE THE PARTICULAR STREET.
20:08:53 THAT'S THEIR ACCESS.
20:08:56 AND SOME PEOPLE MIGHT DECIDE TO GO IN AND OUT OF DALE
20:08:59 MABRY.
20:08:59 THAT'S FINE.
20:09:00 BUT OTHER PEOPLE MATE COME THROUGH THE NEIGHBORHOOD ON
20:09:03 THE CHURCH SIDE.
20:09:04 AND I THINK THAT'S PROBLEMATIC.
20:09:06 WE HAVE AN ESTABLISHED SINGLE-FAMILY HOMES, AND FAMILIES
20:09:11 THAT HAVE BEEN THERE FOR FIFTY AND SIXTY YEARS.
20:09:15 ONE FAMILY OWNS THE WHOLE DARN STREET.
20:09:19 AND I JUST THINK THEY HAVE MISSED THEIR BURDEN.
20:09:25 I THINK IT'S INCOMPATIBLE, AND THEREFORE I DON'T BELIEVE
20:09:29 THAT THEY SHOULD BE GRANTED THE WAIVER.
20:09:32 NOW, I APOLOGIZE.
20:09:33 I DON'T HAVE WHAT I LIKE TO HAVE IN FRONT OF ME IN ORDER
20:09:39 TO MAKE A MOTION.
20:09:41 >>ORLANDO GUDES: I'LL MAKE THE MOTION.
20:09:43 >>> MR. SHELBY, BEFORE ANY MOTION IS MADE, DO WE SEE
20:09:46 ABOUT READING THIS ORDINANCE, AND IF IT FAILS OR DOES NOT
20:09:49 GET A SECOND, DO WE HAVE TO GO THROUGH THAT PROCESS OR
20:09:52 CAN WE GO DIRECTLY TO --
20:09:55 IN ORDER TO APPROVE YOU HAVE TO READ IT BY TITLE ONLY.
20:09:57 IN ORDER TO DENY IT, YOU DON'T.
20:09:59 BUT I JUST WANT TO TAP THIS OPPORTUNITIES TO REFER YOU
20:10:01 AGAIN TO THE STAFF REPORTS THAT YOU HAVE BEEN PROVIDED,
20:10:05 PARTICULARLY ON PAGE 4, NO, PAGE 5, REGARDING THE SPECIAL
20:10:15 USES, 27-132.
20:10:18 IT DOES SAY FOR AN S-2 PERMIT, CITY COUNCIL SHALL GRANT
20:10:22 WAIVERS IF THEY FIND THAT THE APPLICATION AFTER GRANTING
20:10:26 THE WAIVER IS CONSISTENT WITH THE APPLICABLE GENERAL
20:10:29 STANDARDS SET FORTH IN SECTION 27-129, AND AGAIN THAT
20:10:34 REFERS YOU BACK TO THE GENERAL STANDARDS THAT MUST BE MET
20:10:40 THAT BEGINS ON PAGE 3 OF YOUR STAFF REPORTS, AND IT
20:10:45 CONTINUES ON THROUGH PAGE 4, AND I JUST DIRECT YOUR
20:10:51 ATTENTION TO THAT, AND OF COURSE I BELIEVE YOU HAVE THE
20:10:56 KIND OF VERBIAGE THAT YOU MIGHT NEED TO BE ABLE TO MAKE
20:10:59 BOTH WHETHER YOU APPROVE IT OR DENY IT.
20:11:02 BUT I ASK THAT YOU OBVIOUSLY COUNCILMEMBER DINGFELDER DID
20:11:06 STATE SOME FINDINGS THAT HE BELIEVES ARE APPLICABLE AND
20:11:12 DEPENDING AGAIN WHAT COUNCILMEMBER GUDES' MOTION IS.
20:11:17 HE CAN ADOPT THOSE FINDINGS INTO HIS MOTION.
20:11:19 OR IN ADDITION TO THAT.
20:11:23 >>GUIDO MANISCALCO: THANK YOU.
20:11:26 >>JOHN GRANDOFF: MAY I BE HEARD FOR A MOMENT?
20:11:29 >>GUIDO MANISCALCO: YES.
20:11:30 >>JOHN GRANDOFF: MY CLIENT WOULD --
20:11:32 >>> WE HAVE CLOSED THE PUBLIC HEARING, SIR.
20:11:35 MOTION FROM COUNCILMAN VIERA.
20:11:37 SECOND BY COUNCILMAN CITRO.
20:11:40 QUAY, GO AHEAD, SIR.
20:11:41 >>JOHN GRANDOFF: MAY WE DISCUSS A LIMITATION ON HOURS OF
20:11:44 OPERATION TO ALLAY SOME OF THE CONCERNS OF THE
20:11:46 NEIGHBORHOOD?
20:11:47 REMEMBER, THIS IS DALE MABRY AND DONATELLO IS RIGHT
20:11:53 BEHIND US, WENT UP AND DOWN THE STREET, AND CONSUMPTION
20:11:57 ON PREMISES.
20:11:57 THIS IS A RETAIL STORE ON DALE MABRY, AND HE'S WILLING TO
20:12:01 LIMIT HIS HOURS OF OPERATION TO SOMETHING THAT MAY BE
20:12:04 MORE COMPATIBLE.
20:12:05 >>GUIDO MANISCALCO: IF YOU WISH TO DO SO, I DON'T THINK
20:12:10 IT'S GOING TO CHANGE THE NEIGHBORHOOD'S MIND.
20:12:12 >>JOHN GRANDOFF: I AM NOT HERE TO HAVE THE
20:12:19 NEIGHBORHOOD'S MIND CHANGED.
20:12:22 I'M HERE TO HAVE THE LAW APPLIED CORRECTLY TO MY CLIENT.
20:12:25 >>GUIDO MANISCALCO: IF YOU WISH TO GO AHEAD AND DO IT
20:12:27 AND THEN WHEREVER THE VOTE GOES, THE VOTE GOES.
20:12:31 >>JOHN GRANDOFF: MAY I HAVE MR. JALLA STATE THOSE HOURS?
20:12:36 CHRIS, COME ON.
20:12:37 >> SORRY, COUNCIL.
20:12:39 I KNOW WE ARE GOING BACK TO, THERE'S A RESTAURANT
20:12:47 DIRECTLY ADJACENT TO THE DAYCARE CENTER THAT ALLOWS FOR
20:12:49 CONSUMPTION OF ALCOHOL ON PREMISES, THE CHINESE
20:12:52 RESTAURANT, SUSHI RESTAURANT.
20:12:55 DONATELLO HAS BEEN THERE FOR YEARS WITH ALCOHOL OF
20:12:58 CONSUMPTION ON PREMISES BUT IN THE EXACT ADVICE
20:13:01 ASSISTANTS AS OUR RETAIL ESTABLISHMENT --
20:13:04 >>JOHN DINGFELDER: TO REESTABLISH HOURS ONLY.
20:13:07 >> EXCUSE ME.
20:13:09 HOURS, WE ARE MONDAY THROUGH SATURDAY.
20:13:10 WE ARE 8 A.M. TO 10 P.M. CURRENTLY.
20:13:13 I CAN SAY THAT WE WILL NOT BE OPEN PAST MIDNIGHT, WHICH
20:13:17 IS A LOT OF LIQUOR STORES IN THE CITY OF TAMPA AND
20:13:20 HILLSBOROUGH COUNTY ARE OPEN WELL PAST MIDNIGHT.
20:13:24 SUNDAYS AGAIN OUR CURRENT OPERATIONS DON'T EXCEED 10, 8
20:13:29 OR 9 P.M.
20:13:31 WE WOULD BE WILLING TO PUT THAT ON THE RECORD THOSE ARE
20:13:35 WHAT OUR HOURS WOULD BE AND NOT EXCEED, IF THAT ALLOWS
20:13:38 FOR REDUCED IMPACT TO ANY NEIGHBORHOOD OR SURROUNDING
20:13:41 COMMUNITY.
20:13:41 >>MARTIN SHELBY: AGAIN, COUNCIL, WITH THAT BEING SAID,
20:13:51 IF THAT IS THE REPRESENTATION, YOU CAN CLOSE THE PUBLIC
20:13:54 HEARING, IF THAT --
20:14:01 >>JOHN DINGFELDER: MOVE TO CLOSE.
20:14:02 >>GUIDO MANISCALCO: SECOND BY COUNCILMAN CARLSON.
20:14:05 ALL IN FAVOR?
20:14:07 AYE.
20:14:07 >>MARTIN SHELBY: AGAIN I BELIEVE MR. GRANDOFF OFFERED
20:14:12 THAT AS A WAY TO MITIGATE PERHAPS WHAT THE ADVERSE
20:14:16 IMPACTS ARE.
20:14:17 AGAIN, THE DETERMINATION IS CITY COUNCIL DETERMINATION
20:14:21 BASED ON THE COMPETENT, SUBSTANTIAL EVIDENCE.
20:14:23 >>GUIDO MANISCALCO: SO AS A COURTESY, DOES ANYBODY WISH
20:14:26 TO READ NUMBER 11?
20:14:27 IF NOT WE GO TO COUNCILMEMBER GUDES.
20:14:32 ALL RIGHT.
20:14:33 COUNCILMEMBER GUDES, YES, SIR.
20:14:34 >>ORLANDO GUDES: MOVE TO DENY FILE AB 2-21-03, FAILURE
20:14:43 OF APPLICANTS TO MEET BURDEN OF PROOF THAT SPECIAL
20:14:47 STANDARD, CITY OF TAMPA CODE, USES IN SURROUNDING AREA,
20:14:57 FAILED TO MEET THE BURDEN OF PROOF, SUBSTANTIAL EVIDENCE
20:15:00 TO JUSTIFY THE GRANTING OF THE WAIVERS.
20:15:04 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMEMBER
20:15:07 GUDES.
20:15:07 YES, MR. SHELBY?
20:15:08 >>MARTIN SHELBY: COUNCILMEMBER GUDES, DID YOU WISH TO
20:15:12 INCORPORATE INTO THAT MOTION THE FINDINGS OF
20:15:14 COUNCILMEMBER DINGFELDER'S COMMENTS?
20:15:17 >>ORLANDO GUDES: THAT'S CORRECT.
20:15:18 >>MARTIN SHELBY: ANYTHING ELSE YOU WISH TO ADD OR ANY
20:15:21 OTHER COUNCILMEMBER?
20:15:22 THANK YOU.
20:15:22 >>GUIDO MANISCALCO: COUNCILMEMBER GUDES WITH THE
20:15:24 INCORPORATION OF THE COMMENTS BY COUNCILMEMBER
20:15:28 DINGFELDER, SECONDED BY COUNCILMAN CARLSON.
20:15:32 ROLL CALL VOTE.
20:15:33 >>JOSEPH CITRO: YES.
20:15:35 >>BILL CARLSON: YES.
20:15:37 >>JOHN DINGFELDER: YES.
20:15:37 >>ORLANDO GUDES: YES.
20:15:39 >>CHARLIE MIRANDA: NO.
20:15:43 >>LUIS VIERA: YES.
20:15:44 >>GUIDO MANISCALCO: YES.
20:15:46 >>THE CLERK: MOTION CARRIED WITH MIRANDA VOTING NO.
20:15:48 >>GUIDO MANISCALCO: WE HAVE DENIED THE APPLICATION.
20:15:56 THANK YOU VERY MUCH.
20:15:58 NEXT UP IS ITEM 12 AND THEN WE HAVE ONE MORE ITEM, NUMBER
20:16:01 13.
20:16:01 I DON'T BELIEVE WE HAVE PUBLIC COMMENT DOWN ON THE SECOND
20:16:04 FLOOR FOR THIS ITEM.
20:16:06 ITEM NUMBER 12.
20:16:07 PLEASE GO AHEAD.
20:16:08 YES, MA'AM?
20:16:09 >>LACHONE DOCK: YES, COUNCIL.
20:16:14 LACHONE --
20:16:19 >>> THE CLERK'S OFFICE HAS ASKED FOR A QUICK BREAK.
20:16:22 A FIVE-MINUTE RECESS.
20:16:23 I APOLOGIZE.
20:16:25 (CITY COUNCIL RECESS).
20:22:38
20:26:01 (ROLL CALL)
20:26:02 >>THE CLERK: THERE'S A PHYSICAL QUORUM PRESENT.
20:26:13 >>JOHN DINGFELDER: DINGFELDER IS HERE FOR THE RECORD.
20:26:15 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:26:16 WE WILL GO TO ITEM NUMBER 12.
20:26:18 LACHONE DOCK, TAKE IT AWAY.
20:26:19 >>LACHONE DOCK: CHAIRMAN AND COUNCIL, IF I MAY SHARE MY
20:26:23 SCREEN.
20:26:25 THANK YOU.
20:26:34 AND COUNCIL, THIS NEXT ITEM IS AB 2-21-06 FOR PROPERTY AT
20:26:40 8684 HUNTERS VILLAGE ROAD.
20:26:43 THE APPLICANT IS REPRESENTED BY JOE DIAZ.
20:26:49 THE REQUEST IS FOR AB SALES AS A SMALL VENUE
20:26:53 CLASSIFICATION FOR BEER, WINE, LIQUOR, PACKAGE SALES OFF
20:27:00 PREMISES PACKAGE SALES ONLY, 1,700 SQUARE FEET, THAT IS A
20:27:04 TOTAL INDOOR AREA ONLY.
20:27:06 THE REQUIRED PARKING IS 646 SPACES.
20:27:10 THE PARKING PROVIDED IS 671 SPACES.
20:27:13 THE AB SALES HOURS ARE CONSISTENT WITH CHAPTER 14.
20:27:18 THE PETITION IS PROPOSING A USE AS RETAIL SALES, SHOPPERS
20:27:23 GOODS, AND THIS IS NOT CONSIDERED A CHANGE OF USE.
20:27:26 THE PROPERTY HAS A FUTURE LAND USE DESIGNATION OF SMU 6
20:27:31 WHICH IS A MIXED USE CATEGORY, AND IS LOCATED IN THE
20:27:35 MIXED USE CORRIDOR VILLAGE.
20:27:37 THE DISTANCE SEPARATION REQUIREMENT OF MIXED USE CORRIDOR
20:27:43 USES IS 250 FEET FROM RESIDENTIAL USES AND 250 FROM
20:27:45 FURTHER AB SALES ESTABLISHMENTS.
20:27:50 THERE IS ONE WAIVER REQUESTED, AND THAT IS THE DISTANCE
20:27:53 SEPARATION, ZERO, AND THAT IS FOR OTHER AB SALES
20:27:58 ESTABLISHMENTS.
20:27:59 THERE IS A MARKET LOCATED WITHIN THE OVERALL SITE WHICH
20:28:03 IS THE SAME ZONING LOT, AND I WILL SHOW YOU THAT
20:28:05 MOMENTARILY, AND THE SITE PLAN SUBMITTED.
20:28:15 TO ORIENT YOU, THIS IS THE SITE.
20:28:18 THIS IS BRUCE B. DOWNS THAT'S LOCATED EAST OF THE SITE.
20:28:20 THIS IS HUNTERS VILLAGE ROAD LOCATED ALONG THE SOUTH.
20:28:25 THIS IS THE REQUEST FOR PROPERTY, AND IT'S SHADED IN
20:28:29 GRAY.
20:28:30 I HAVE A CLOSE-UP OF THE SITE PLAN.
20:28:35 SO THIS IS THE SITE.
20:28:36 AND THIS IS BRUCE B. DOWNS.
20:28:38 THAT'S LOCATED ALONG THE EAST.
20:28:39 THIS IS HUNTERS VILLAGE ROAD ON THE SOUTH.
20:28:42 THIS IS THE SUBJECT SITE THAT IS SHADED IN GRAY.
20:28:45 AND THAT'S THE AB SALES AREA PROPOSED OF 1,700 SQUARE
20:28:50 FEET.
20:28:51 AND YOU WILL SEE THIS IS LOCATED WITHIN THE SAME
20:28:55 PROPERTY.
20:28:56 SO ACCESS TO THE PROPERTY IS ALONG BRUCE B. DOWNS.
20:29:01 ACCESS IS ALSO LOCATED ON HUNTERS VILLAGE ROAD AT THESE
20:29:07 THREE ACCESS POINTS.
20:29:09 THIS IS AN AERIAL OF THE SITE.
20:29:12 SO THE SITE IS IDENTIFIED IN THE RED DOTTED LINE.
20:29:15 YOU CAN SEE THIS IS A PART OF THE PD.
20:29:21 SOUTH OF BRUCE B. DOWNS ON THE EAST SIDE, RATHER, IS PBA,
20:29:25 AND THAT IS PART OF HUNTER'S GREEN.
20:29:30 HERE ARE SOME PHOTOS OF THE SITE.
20:29:32 ON THE LEFT IS A PICTURE OF THE SUBJECT SITE WHICH IS
20:29:35 LOCATED IN THE SUITE.
20:29:41 ON THE RIGHT IS THE SIDE ENTRANCE.
20:29:42 THIS IS A VIEW ON THE LEFT LOOKING SOUTH ON BRUCE B.
20:29:46 DOWNS.
20:29:47 AND THEN THE PICTURE ON THE RIGHT IS ENTRANCE TO THE
20:29:51 SUBJECT SITE.
20:29:53 THE DEVELOPMENT REVIEW AND COMPLIANCE STAFF HAS REVIEWED
20:29:56 THE APPLICATION AND FINDS IT INCONSISTENT.
20:29:58 THERE ARE NO CHANGES REQUIRED.
20:30:00 THE SITE PLAN BETWEEN FIRST AND SECOND READING.
20:30:03 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:30:03 >>LACHONE DOCK: THIS CONCLUDES MY PRESENTATION.
20:30:07 IF YOU HAVE ANY QUESTIONS.
20:30:08 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS FROM
20:30:09 COUNCIL MEMBERS?
20:30:10 ALL RIGHT.
20:30:14 MR. DIAZ, YOU WERE NOT SWORN IN.
20:30:17 IF YOU COULD RAISE YOUR RIGHT HAND, WE WILL SWEAR YOU IN,
20:30:20 SIR.
20:30:21 YOUR MICROPHONE, SIR.
20:30:22 >>LUIS VIERA: I AM NOT IN THE AFFECTED AREA BUT I DO
20:30:30 RESIDE IN HUNTER'S GREEN.
20:30:31 I JUST WANT TO NOTE THAT.
20:30:33 WHEN WE DEVELOPED HUNTERS LAKE, I DISCLOSED THAT, AND I
20:30:37 AM NOT AGAIN WITHIN THE AFFECTED AREA, JUST FOR PUBLIC
20:30:40 DISCLOSURE THAT I AM A HUNTER'S GREEN RESIDENT FOR
20:30:44 WHATEVER THAT MATTERS.
20:30:45 >>GUIDO MANISCALCO: ARE YOU WITHIN THE NOTICE AREA?
20:30:48 >>LUIS VIERA: NO.
20:30:49 >>MARTIN SHELBY: AND THAT DOESN'T AFFECT YOU AND YOU
20:30:50 COULD BE FAIR AND IMPARTIAL AND BASED BASE IT ON THE
20:30:54 EVIDENCE?
20:30:54 >>LUIS VIERA: OH, YES.
20:30:55 >>GUIDO MANISCALCO: MR. DIAZ, IF WE WILL SWEAR YOU IN.
20:30:59 (OATH ADMINISTERED BY CLERK).
20:31:01 JOSEPH DIAZ: I DO.
20:31:03 >>GUIDO MANISCALCO: GO AHEAD, MR. DIAZ.
20:31:14 JOSEPH DIAZ: GOOD EVENING, MR. CHAIRMAN.
20:31:16 MY NAME IS JOSEPH DIAZ, MY OFFICE IS 3242 HENDERSON
20:31:21 BOULEVARD, SUITE 310.
20:31:23 I AM HERE BEFORE YOU ON APPLICATION AB 2-21-06 WHERE I AM
20:31:29 SEEKING AN S-2 CLASSIFICATION WHICH WOULD ALLOW FOR THE
20:31:32 SALE OF BEER, WINE AND LIQUOR FOR OFF-PREMISES
20:31:37 CONSUMPTION.
20:31:38 THE SUBJECT SITE CONSISTS OF 1700 SQUARE FEET.
20:31:45 IN THE APPLICATION WE WOULD NORMALLY NEED TO SATISFY THE
20:31:48 PARKING REQUIREMENTS, WHICH WE DO.
20:31:50 THE DISTANCE SEPARATION FROM RESIDENTIAL USES, WHICH WE
20:31:54 DO.
20:31:55 AND THE DISTANCE SEPARATION FROM OTHER AB
20:31:59 CLASSIFICATIONS, WHICH WE DON'T, AND THAT'S WHERE WE ARE
20:32:02 SEEKING THE WAIVER.
20:32:04 THE WAIVER IS SOMEWHAT DECEPTIVE BECAUSE IT SAYS THAT
20:32:08 THERE IS ZERO FEET.
20:32:11 IN REALITY, WE ARE 155 FEET AWAY FROM THE GROCERY STORE,
20:32:18 BUT BECAUSE WE ARE LOCATED WITHIN THE SAME PARCEL, THE
20:32:22 CITY INTERPRETS THAT TO BE ZERO.
20:32:27 IF YOU WERE TO GO BACK AND LOOK AT THE SITE PLAN, IF YOU
20:32:31 WERE TO TRY TO WET ZONE THE NORTHERNMOST PORTION OF THE
20:32:35 STRUCTURE, THAT LOCATION WOULD BE MORE THAN 250 FEET.
20:32:41 BUT YET ONCE AGAIN THAT LOCATION WOULD APPEAR TO HAVE A
20:32:44 ZERO DISTANCE SEPARATION.
20:32:51 WE WOULD SUBMIT THAT THE ANTICIPATED USE OF THE SITE
20:32:57 COMPRISE COMPLIES WITH ALL OF THE CRITERIA SET FORTH IN
20:33:00 SECTION 27-129, AND LET ME CHANGE HERE FOR A SECOND.
20:33:06 I'M A LITTLE CONFUSED BECAUSE I AM LOOKING AT THE STAFF
20:33:08 REPORT, AND THE STAFF REPORT ON PAGE 3 TELLS ME THAT THEY
20:33:14 WANTS METROPOLITAN TO DO SOME MODIFICATIONS TO THE SITE
20:33:16 PLAN BEFORE THE SECOND READING, AND IT'S JUST BEEN
20:33:22 ANNOUNCED THAT NO CHANGES ARE MADE, SO I AM NOT REALLY
20:33:26 QUITE SURE, ASSUMING THAT YOU ALL APPROVE THIS
20:33:28 APPLICATION, WHETHER OR NOT WE NEED TO MAKE ANY CHANGES
20:33:32 TO THE SITE PLAN.
20:33:37 BUT TO RECAP, WE SATISFIED THE REQUIREMENTS EITHER OF
20:33:44 27-129, OR THE DISTANCE SEPARATIONS WITH THE EXCEPTION OF
20:33:48 THE OTHER AB, AND WE WOULD RESPECTFULLY REQUEST THAT YOU
20:33:52 APPROVE OUR APPLICATION.
20:33:54 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:33:55 DO WE HAVE ANY QUESTIONS OR COMMENTS FROM CITY COUNCIL
20:33:57 MEMBERS?
20:34:01 HEARING NONE, DO WE HAVE ANYBODY IN THE PUBLIC THAT
20:34:03 WISHES TO SPEAK ON THIS ITEM, ITEM NUMBER 12?
20:34:05 ANYBODY IN THE PUBLIC?
20:34:06 >>THE CLERK: THERE ARE NO REGISTERED SPEAKERS TO SPEAK
20:34:10 ON THIS TEAM.
20:34:11 >>GUIDO MANISCALCO: DO WE HAVE ANYBODY IN PERSON ON THE
20:34:12 SECOND FLOOR? I CHECKED BEFORE WE STARTED AND I DON'T
20:34:24 THINK THERE IS ANYBODY.
20:34:26 ANYBODY ON THE SECOND FLOOR?
20:34:27 I THINK THE ROOM WAS CLEARED OUT.
20:34:29 >>MARTIN SHELBY: MY UNDERSTANDING IS THEY'RE NOBODY ON
20:34:33 THE SECOND FLOOR BUT IT'S CERTAINLY A GOOD IDEA TO ASK
20:34:36 AND NOW THAT YOU SEE NONE --
20:34:38 >>GUIDO MANISCALCO: CAN WE HAVE A MOTION TO CLOSE?
20:34:41 >>LUIS VIERA: I HAVE A QUESTION IF I MAY BEFORE.
20:34:43 JUST REALLY QUICK TO THE APPLICANT.
20:34:45 WHAT KIND OF AN ESTABLISHMENT IS THIS?
20:34:49 BUY ALCOHOL, AND CONSUME -- SORRY, WHAT?
20:34:54 DOZEN.
20:34:55 JOSEPH DIAZ: IT IS A PACKAGE STORE.
20:34:57 YOU COME IN AND YOU BUY EITHER BEER, WINE OR CONVENTIONAL
20:35:00 LIQUOR, AND THEN YOU WOULD TAKE IT HOME OR WHEREVER YOU
20:35:02 ARE GOING TO CONSUME IT.
20:35:03 BUT IT'S NOT GOING TO BE CONSUMED AT THE SITE.
20:35:06 >>LUIS VIERA: THANK YOU, SIR.
20:35:07 >>GUIDO MANISCALCO: IS THERE A MOTION TO CLOSE?
20:35:09 MOTION TO CLOSE FROM COUNCILMAN GOO.
20:35:11 SECOND BY COUNCILMAN CITRO.
20:35:13 ALL IN FAVOR?
20:35:14 ANY OPPOSED?
20:35:15 ALL RIGHT.
20:35:16 WHO WISHES TO READ NUMBER 12?
20:35:18 COUNCILMAN CITRO?
20:35:19 >>JOSEPH CITRO: FILE AB 2-21-06.
20:35:24 ORDINANCE BEING PRESENTED FOR FIRST READING
20:35:26 CONSIDERATION, AN ORDINANCE APPROVING A SPECIAL USE
20:35:29 PERMIT S-2 FOR ALCOHOLIC BEVERAGE SALES, SMALL VENUE
20:35:33 PACKAGE SALES OFF PREMISES CONSUMPTION ONLY, AND MAKING
20:35:37 LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC
20:35:41 CONTENT, BEER, WINE AND LIQUOR, AT OR FROM THAT CERTAIN
20:35:45 LOT, PLOT OR TRACT OF LAND LOCATED AT 8684 HUNTERS
20:35:50 VILLAGE ROAD, UNIT 210, TAMPA, FLORIDA AS MORE
20:35:54 PARTICULARLY DESCRIBED IN SECTION 2, THAT ALL ORDINANCES
20:35:57 OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED,
20:36:01 PROVIDING FOR EFFECTIVE DATE, AND THAT THE USE IS
20:36:04 COMPATIBLE WITH THE CONTINUOUS AND SURROUNDING PROPERTY
20:36:08 AND THE USE WILL NOT ESTABLISH A PRECEDENT OR ENCOURAGE
20:36:12 MORE INTENSIVE OR IN COMPATIBLE USE OF THE SURROUNDING
20:36:15 AREA.
20:36:17 >>GUIDO MANISCALCO: SECOND BY COUNCILMAN MIRANDA.
20:36:19 ROLL CALL VOTE.
20:36:20 >>JOHN DINGFELDER: YES.
20:36:25 >>JOSEPH CITRO: YES.
20:36:26 >>BILL CARLSON: YES.
20:36:28 >>ORLANDO GUDES: YES.
20:36:29 >>CHARLIE MIRANDA: YES.
20:36:32 >>LUIS VIERA: YES.
20:36:33 >>GUIDO MANISCALCO: YES.
20:36:34 >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
20:36:35 SECOND READING AND ADOPTION WILL BE HELD ON MARCH
20:36:37 18th AT 9:30 A.M.
20:36:39 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
20:36:42 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. DIAZ.
20:36:44 HAVE A GOOD EVENING, SIR.
20:36:46 JOSEPH DIAZ: EXCUSE ME.
20:36:47 COULD I GET A CLARIFICATION ON WHETHER OR NOT I NEED TO
20:36:49 REVISE THE SITE PLAN?
20:36:51 BECAUSE I HEARD NO DURING THE HEARING BUT THE STAFF
20:36:53 REPORT SAYS I DO.
20:36:54 DO I LEAVE THE SITE PLAN AS IT IS?
20:36:59 >>LACHONE DOCK: DEVELOPMENT COORDINATION.
20:37:00 I DON'T HAVE RECORD OF ANY SITE PLAN CHANGES THAT ARE
20:37:03 REQUIRED.
20:37:06 SO YOUR FINAL SITE PLAN YOU SUBMITTED IS FINE.
20:37:10 I THINK THAT WAS THE COMMENT --
20:37:18 >>> THANK YOU VERY MUCH.
20:37:18 WE GO TO THE LAST ITEM OF THE DAY.
20:37:21 ITEM NUMBER 13.
20:37:21 >>LACHONE DOCK: LACHONE DOCK WITH DEVELOPMENT
20:37:27 COORDINATION.
20:37:28 IF I CAN SHARE MY SCREEN.
20:37:29 >>GUIDO MANISCALCO: MR. DIAZ, IF YOU COULD LOG OFF OR
20:37:36 MUTE YOURSELF, SIR.
20:37:37 >>JOHN DINGFELDER: YOU'RE ON THE CAMERA, JOE.
20:37:45 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:37:48 GO AHEAD.
20:37:48 >>LACHONE DOCK: THANK YOU AGAIN, COUNCIL.
20:37:52 LACHONE DOCK, DEVELOPMENT COORDINATION, AB 2-21-08 FOR
20:37:57 PROPERTY LOCATED AT 1640 WEST SNOW AVENUE.
20:38:01 THE APPLICANT IS REPRESENTED BY DAVID SINGER.
20:38:04 THIS REQUEST IS FOR A SMALL VENUE CLASSIFICATION FOR
20:38:07 CONSUMPTION ON PREMISES AND PACKAGE SALES CONSUMPTION OFF
20:38:11 PREMISES.
20:38:12 THE AB SALES AREA CONSISTS OF 1,980 SQUARE FEET OF INDOOR
20:38:16 AREA AND 497 SQUARE FEET OF OUTDOOR AREA FOR A TOTAL AB
20:38:21 SALES AREA OF 2,477 SQUARE FEET.
20:38:28 CONTAINED ON THE FIRST FLOOR ONLY.
20:38:29 TOTAL PARKING SPACES REQUIRED 841 SPACES.
20:38:34 993 SPACES ARE PROVIDED.
20:38:36 THE AB SALES AREA PROPOSED CHAPTER 14.
20:38:43 THE APPLICATION PROPOSES RETAIL SALES.
20:38:46 THIS PROPERTY IS A PART OF THE PD AND IS LOCATED IN THE
20:38:50 HYDE PARK URBAN VILLAGE.
20:38:52 THE DISTANCE SEPARATION REQUIREMENT OF 250 FEET FROM
20:38:56 OTHER AB SALES ESTABLISHMENTS.
20:39:02 THERE IS ONE WAIVER REQUESTED, AND THAT IS TO REDUCE THE
20:39:05 DISTANCE FROM ZERO FEET TO OTHER AB SALES ESTABLISHMENTS.
20:39:12 THIS IS THE SITE PLAN THAT WAS SUBMITTED.
20:39:14 SO THIS IS THE SITE, AND THIS IS THE SUBJECT AREA
20:39:19 REQUESTED.
20:39:20 THE BLACK DOTTED LINE IN THAT AREA.
20:39:23 SO TO ORIENT YOU ON THIS SITE, THIS IS SNOW AVENUE TO THE
20:39:26 NORTH.
20:39:27 THIS IS SOUTH DAKOTA AVENUE ON THE EAST.
20:39:30 AND THEN THE --
20:39:35 [NO ENCODER]
20:39:48 THIS IS ROME AVENUE.
20:39:59 THE PARKING GARAGE WOULD BE LOCATED OVER HERE.
20:40:02 THIS IS THE SITE.
20:40:03 THE SUBJECT SITE.
20:40:06 THAT'S THE DOTTED LINE THAT AREA.
20:40:10 THE INDOOR AREA, AND THE OUTDOOR AREA.
20:40:14 THIS IS AN AERIAL OF THE SITE.
20:40:18 THIS IS THE AREA HIGHLIGHTED IN RED, IN THE RED DOTTED
20:40:22 AREA, WHICH IS PART OF THE PD, AS MENTIONED EARLIER.
20:40:25 THIS IS ROME AVENUE THAT'S TO THE WEST OF THE SITE.
20:40:29 AND THEN TO THE WEST YOU HAVE RESIDENCES.
20:40:36 HERE ARE PICTURES OF THE SUBJECT SITE ON THE LEFT, IT'S
20:40:38 THE SITE.
20:40:44 THE LOCATION IDENTIFIED WITH THE ZONE LISTED.
20:40:48 THE PICTURE ON THE RIGHT IS THE VIEW ON ROME AVENUE.
20:40:53 ON THE LEFT IS NORTHEAST OF THE SITE.
20:40:58 ON THE RIGHT, THIS IS THE WEST, SOME OF THE RESIDENTIAL.
20:41:04 THIS IS THE NORTH VIEW ON ROME AVENUE.
20:41:07 THE SITE WOULD BE IN THIS CORNER OFF THE SCREEN.
20:41:14 THE DEVELOPMENT REVIEW AND COMPLIANCE STAFF HAS REVIEWED
20:41:16 THE REQUEST AND FIND IT INCONSISTENT.
20:41:19 SITE PLAN MODIFICATIONS ARE REQUIRED BETWEEN FIRST AND
20:41:22 SECOND READING.
20:41:24 COUNCIL, I AM AVAILABLE IF YOU HAVE ANY QUESTIONS.
20:41:26 THIS CONCLUDES MY PRESENTATION.
20:41:28 >>GUIDO MANISCALCO: ANY QUESTIONS?
20:41:30 COUNCILMAN DINGFELDER?
20:41:32 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
20:41:35 MS. DOCK, ACROSS THE STREET, CATTY-CORNER, YOU HAD A
20:41:42 PICTURE OF THE CONDOMINIUMS, OR TOWNHOMES, I THINK BRICK
20:41:48 TOWNHOMES.
20:41:50 BUT ISN'T THAT WITHIN 250 FEET?
20:41:54 OR ARE WE ONCE AGAIN NOT ADDRESSING 250 FEET TO
20:41:58 RESIDENTIAL?
20:42:00 >>LACHONE DOCK: WELL, THAT IS A RESIDENTIAL USE THAT IS
20:42:05 THERE.
20:42:06 LET'S SEE WHAT WAS ACTUALLY LISTED, IF I CAN GO BACK JUST
20:42:10 A SECOND.
20:42:27 IT'S IN THE HYDE PARK URBAN VILLAGE WHERE IT'S LOCATED SO
20:42:32 IT'S 250 FEET FROM OTHER AB SALES ESTABLISHMENTS.
20:42:35 IF YOU ARE IN A MIXED USE CORRIDOR VILLAGE, IT'S 50 FEET
20:42:39 FROM RESIDENTIAL USES AND OTHER AB SALES ESTABLISHMENTS.
20:42:44 IF YOU ARE IN THE -- FROM RESIDENTIAL.
20:42:49 >>JOHN DINGFELDER: AT SOME POINT COUNCIL IN THE PAST,
20:42:52 EIGHT YEARS OR SO, ELIMINATED THE 250 FEET REQUIREMENT
20:42:58 FOR URBAN VILLAGES?
20:43:00 DOES THAT INCLUDE HYDE PARK WHICH IS WHERE THIS SUBJECT
20:43:02 IS, BUT THAT ALSO INCLUDES EAST TAMPA AND WEST TAMPA AND
20:43:07 DAVIS ISLAND, ET CETERA, ET CETERA?
20:43:09 SOME COUNCIL ELIMINATED THE 250-FOOT REQUIREMENT TO
20:43:12 RESIDENTIAL?
20:43:13 IS THAT CORRECT, MS. DOCK?
20:43:15 >>LACHONE DOCK: IN URBAN VILLAGES. IF YOU ARE NOT IN AN
20:43:18 URBAN VILLAGE, YOU ARE NOT IN A BUSINESS CENTER, NOT IN A
20:43:22 MIXED USE CORRIDOR, AND IN OTHER AREAS OF THE CITY, THEN
20:43:25 YOU ARE REQUIRED A THOUSAND FEET FROM RESIDENTIAL.
20:43:30 >>JOHN DINGFELDER: BUT THE URBAN VILLAGE THAT I JUST
20:43:32 DESCRIBED, EAST TAMPA, WEST TAMPA.
20:43:36 THAT'S LIKE HALF THE CITY ALREADY.
20:43:38 OKAY, THANK YOU.
20:43:38 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:43:42 AND IF THERE ARE NO FURTHER COMMENTS, WE WILL GO TO MR.
20:43:46 SINGER.
20:43:47 PLEASE RAISE YOUR RIGHT HAND SO WE CAN SWEAR YOU IN.
20:43:50 >>THE CLERK: DO YOU SWEAR OR AFFIRM YOU WILL TELL THE
20:43:52 TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
20:43:55 >> I DO.
20:43:55 >>GUIDO MANISCALCO: GO AHEAD, SIR.
20:43:58 >> GOOD EVENING.
20:43:59 DAVID SINGER, MY OFFICE IS EAST KENNEDY, SUITE 2800, HERE
20:44:07 IN TAMPA.
20:44:09 I KNOW YOU ALL HAD A LONG DAY, SO I WILL TRY TO KEEP THIS
20:44:13 BRIEF.
20:44:18 I WOULD LIKE TO SHARE MY SCREEN.
20:44:21 AND JUST SHOW A FEW SLIDES.
20:44:24 THIS IS MY FIRST TIME USING THIS PRESENTATION TECHNOLOGY.
20:44:27 >>GUIDO MANISCALCO: GO AHEAD, SIR.
20:44:32 WE SEE IT.
20:44:32 >>DAVID SINGER: YOU CAN SEE IT?
20:44:37 VERY GOOD.
20:44:38 SO WHAT YOU SEE ON THE SCREEN IS THE NAME OF THE
20:44:41 ESTABLISHMENT WHICH WILL BE BOUZY CHAMPAGNE AND
20:44:45 COCKTAILS.
20:44:46 BOUZY IS A REGION IN FRANCE WHICH IS KNOWN FOR ITS
20:44:50 CHAMPAGNE, AND THAT IS THE GENESIS OF THE NAME.
20:45:03 IN HYDE PARK VILLAGE, YOU ARE VERY FAMILIAR WITH THE
20:45:07 LOCATION.
20:45:07 IT IS AN URBAN VILLAGE.
20:45:09 IT IS TEEMING WITH RETAIL AND RESTAURANTS, AND REALLY IS
20:45:16 A LIVELY PART OF THE CITY.
20:45:19 AND THE OWNERS HAVE DONE A REALLY NICE JOB OF RETAIL
20:45:28 RESTAURANT, VERY APPROACHABLE, A NICE ADDITION TO THAT.
20:45:33 AGAIN YOU CAN SEE HERE THE ZONING IN THE AREA, A LARGE
20:45:38 PD.
20:45:40 THE AERIAL OF THE SITE, THE LOCATION TOWARDS THE CORNER
20:45:45 THERE ON ROME.
20:45:50 AGAIN, THIS OUTLINES HERE THE ACTUAL SITE ITSELF.
20:45:58 AS MS. DOCK DESCRIBED, THE PARKING SITUATION, THERE ARE
20:46:04 993 PROVIDED, 841 ARE REQUIRED.
20:46:11 SO THERE IS ENOUGH PARKING HERE TO SATISFY THE USE.
20:46:18 HERE IS THE INTERIOR LOOK AT WHAT THE SITE ULTIMATELY
20:46:21 WILL LOOK LIKE.
20:46:23 ON THE BOTTOM HERE, THIS IS THE ENTRANCE.
20:46:28 A COUPLE OUTDOOR TABLES, INDOOR BAR, PRIVATE DINING, IN
20:46:37 THE BACK WITH THE WINE CELLAR AND STORAGE AS WELL IN THE
20:46:41 BACK.
20:46:43 HERE ARE SOME DRAWINGS OF WHAT THE SITE ULTIMATELY WILL
20:46:46 LOOK LIKE AS YOU WALK IN, AND THESE ARE CONCEPTUAL.
20:46:52 IT WILL BE EASIER TO -- THESE RENDERINGS, AND VERY
20:47:02 CLASSY, ELEGANT ADDITION TO HYDE PARK VILLAGE.
20:47:07 [~AUDIO DISTORTION~] WE ARE REQUESTING THE WAIVER TO BE
20:47:11 WITHIN 250 FEET FROM OTHER AB ESTABLISHMENTS.
20:47:14 THIS IS ACTUALLY WITHIN THE SAME ZONING PARCEL AS THE
20:47:22 MARKET, TECHNICALLY WITHIN THE SAME ZONING, THAT'S WHY
20:47:27 THE WAIVER IS REQUESTED.
20:47:28 YOU ALSO SEE IN YOUR PACKET, THERE ARE TWO LETTERS WE
20:47:35 RECEIVED IN SUPPORT.
20:47:36 I AM ASKING THAT YOU APPROVE THE APPLICATION.
20:47:44 THERE'S TWO RED BRICK TOWNHOUSES THAT MR. DINGFELDER WAS
20:47:48 REFERRING TO.
20:47:49 THOSE LETTERS ARE IN SUPPORT FROM THE VILLAGE RESIDENCES.
20:47:52 WE HAVE RECEIVED NO OBJECTION TO ANY -- FROM ANY OTHER
20:47:57 RESIDENTS, AND DECIDED TO WELCOME BOUZY IN THE VILLAGE.
20:48:03 WE BELIEVE SECTION 129, WE WOULD ASK YOUR APPROVAL.
20:48:08 I AM HERE TO ANSWER ANY OF YOUR QUESTIONS.
20:48:10 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS AT THIS
20:48:13 TIME?
20:48:16 NO?
20:48:16 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
20:48:18 ITEM NUMBER 13?
20:48:20 DO WE HAVE ANYBODY REGISTERED?
20:48:22 >> THERE ARE NO REGISTERED SPEAKERS FOR THIS ITEM.
20:48:23 >>GUIDO MANISCALCO: DO WE HAVE ANYBODY ON THE SECOND
20:48:25 FLOOR?
20:48:27 IN PERSON?
20:48:34 THAT ROOM IS EMPTY.
20:48:37 ALL RIGHT.
20:48:38 DO WE HAVE A MOTION TO CLOSE, COUNCILMAN GUDES WITH A
20:48:40 MOTION TO CLOSE.
20:48:41 SECOND FROM COUNCILMAN CITRO.
20:48:43 ALL IN FAVOR?
20:48:45 ANY OPPOSED?
20:48:46 COUNCILMAN CARLSON, THIS IS HYDE PARK VILLAGE.
20:48:54 WOULD YOU LIKE TO READ IT?
20:48:56 MY DISTRICT STOPS AT GOODY'S GOODIES.
20:49:01 THE OTHER SIDE IS CARLSON.
20:49:03 ORDINANCE PRESENTED FOR FIRST READING.
20:49:05 >> I MOVE FILE AB 2-21-08, ORDINANCE BEING PRESENTED FOR
20:49:13 FIRST READING CONSIDERATION, AN ORDINANCE APPROVING A
20:49:15 SPECIAL USE PERMIT S-2 FOR ALCOHOLIC BEVERAGE SALES SMALL
20:49:19 VENUE CONSUMPTION ON PREMISES AND PACKAGE SALES OFF
20:49:22 PREMISES CONSUMPTION AND MAKING LAWFUL THE SALE OF
20:49:24 BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT BEER, WINE AND
20:49:27 LIQUOR ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED
20:49:31 AT 1640 WEST SNOW AVENUE TAMPA, FLORIDA AS MORE
20:49:34 PARTICULARLY DESCRIBED IN SECTION 2 PROVIDING THAT ALL
20:49:36 ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE
20:49:39 REPEALED, PROVIDING AN EFFECTIVE DATE.
20:49:43 >> SECOND.
20:49:43 >>MARTIN SHELBY: THERE'S MORE FOR YOU, IF YOU COULD ADD
20:49:46 THAT LANGUAGE AS WELL.
20:49:47 >>BILL CARLSON: SAY THAT AGAIN?
20:49:56 >>MARTIN SHELBY: THE SPECIAL USE FINDING.
20:50:00 DO YOU HAVE THAT IN FRONT OF YOU?
20:50:07 >>BILL CARLSON: I'M JUST SAYING THAT THE USE IS
20:50:09 COMPATIBLE WITH CONTIGUOUS AND SURROUNDING PROPERTY, WILL
20:50:15 NOT ENCOURAGE MORE INTENSIVE OR IN COMPATIBLE USES, AND
20:50:21 GENERAL HEALTH SAFETY AND WELFARE WITHIN THE PROPOSED
20:50:24 AREA.
20:50:25 >>MARTIN SHELBY: AND IT MEETS THE GENERAL STANDARD OF
20:50:27 27-129?
20:50:28 >>BILL CARLSON: YES.
20:50:30 >>GUIDO MANISCALCO: WE HAVE A MOTION BY COUNCILMEMBER
20:50:32 CARLSON.
20:50:32 DO WE HAVE A SECOND? SECOND FROM COUNCILMEMBER GUDES.
20:50:35 ROLL CALL VOTE.
20:50:36 >>JOSEPH CITRO: YES.
20:50:39 >>BILL CARLSON: YES.
20:50:41 >>JOHN DINGFELDER: YES.
20:50:42 >>ORLANDO GUDES: YES.
20:50:46 >>CHARLIE MIRANDA: YES.
20:50:49 >>LUIS VIERA: YES.
20:50:50 >>GUIDO MANISCALCO: YES.
20:50:50 >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
20:50:52 SECOND READING AND ADOPTION WILL BE HELD ON MARCH
20:50:54 18th AT 9:30 A.M.
20:50:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:50:57 THAT CONCLUDES OUR AGENDA.
20:50:58 WE DID NEW BUSINESS AS MUCH AS ANYTHING ELSE.
20:51:03 WE WILL RECONVENE AT THE WAFFLE HOUSE.
20:51:11 >> WAIT A SECOND, I CAN'T LET THAT GO.
20:51:13 IT'S A JOKE.
20:51:13 OKAY.
20:51:13 >> MOVE TO RECEIVE AND FILE.
20:51:16 >> MOTION BY CITRO, SECOND BY GUDES.
20:51:17 ALL IN FAVOR?
20:51:17 WE ARE ADJOURNED.
20:51:18 THANK YOU.
20:53:07 (MEETING ADJOURNED)
20:53:09
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