Tampa City Council
Thursday, May 27, 2021
6:00 p.m. session
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18:02:07 [GAVEL SOUNDING]
18:02:09 >>JOHN DINGFELDER: GOOD EVENING, CITY COUNCIL.
18:02:14 I AM JOHN DINGFELDER, CHAIRMAN PRO TEM, CARRYING ON FOR
18:02:19 CHAIR GUDES WHO WILL BE WITH US SHORTLY.
18:02:20 ROLL CALL.
18:02:24 >>GUIDO MANISCALCO: HERE.
18:02:25 >>JOHN DINGFELDER: HERE.
18:02:27 >>JOSEPH CITRO: HERE.
18:02:31 >>CHARLIE MIRANDA: HERE.
18:02:34 >>CLERK: WE HAVE A PHYSICAL QUORUM PRESENT.
18:02:38 >>JOHN DINGFELDER: THANK YOU, MADAM CLERK.
18:02:41 MR. SHELBY, LEAD US WITH YOUR INTRODUCTION.
18:02:44 >>MARTIN SHELBY: GOOD EVENING, MEMBERS OF THE CITY
18:02:49 COUNCIL, PUBLIC, MARTIN SHELBY, THURSDAY, MAY 27, AFTER
18:02:53 6 P.M. AT OLD CITY HALL, 315 E. KENNEDY BOULEVARD.
18:02:56 TONIGHT'S QUASI JUDICIAL AND OTHER LAND USE RELATED
18:03:00 HEARINGS, TONIGHT'S MEET OF THE TAMPA CITY COUNCIL IS
18:03:05 HELD DURING COVID-19 STATE OF EMERGENCY AND CONDUCTED
18:03:10 LIVE WITH AN IN-PERSON QUORUM IN CITY COUNCIL CHAMBERS,
18:03:12 IN RESPONSE TO THE COVID-19 RESTRICTIONS MEMBERS OF
18:03:16 PUBLIC ARE ENCOURAGED TO PARTICIPATE DURING
18:03:19 TELECONFERENCING.
18:03:25 VIDEO TELECONFERENCING AS MEDIA TECHNOLOGY.
18:03:29 HELD WITHIN EMERGENCY RULES AND PROCEDURES IN
18:03:38 RESOLUTION 225 AND RESOLUTION 2020-490 AND 2021-241.
18:03:42 THE PUBLIC IS ABLE TO WATCH, LISTEN AND VIEW TONIGHT'S
18:03:47 MEETING 640, SPECTRUM, ON THE INTERNET AT
18:03:50 TAMPA.GOV/LIVESTREAM.
18:03:57 NOW THERE HAVE BEEN CREATED MULTIPLE WAYS FOR THE
18:03:59 PUBLIC TO PARTICIPATE IN TONIGHT'S HEARINGS.
18:04:06 AND THOSE ARE AVAILABLE TO BE FOLLOWED, INSTRUCTIONS ON
18:04:16 THE CITY'S WEB SITE AT TAMPA.GOV/QUASI, Q-U-A-S-I.
18:04:18 AND PARTICIPATING THROUGH COMMUNICATION MEDIA
18:04:24 TECHNOLOGY FROM REMOTE REGISTRATION IS REQUIRED FOR
18:04:31 BOTH THE APPLICANTS AND THE WITNESSES AND OTHER
18:04:33 INTERESTED MEMBERS OF THE PUBLIC AND A PARTICULAR CMT
18:04:37 DEVICE IS REQUIRED IN THE QUASI JUDICIAL HEARING
18:04:40 BECAUSE OF NEED FOR VIDEO AND TO BE ABLE TO APPEAR ON
18:04:41 VIDEO.
18:04:44 SMARTPHONES AND CELL PHONES ARE NOT COMPATIBLE, AND
18:04:49 THAT'S WHY IF YOU DO NOT HAVE CMT, DO YOU HAVE THE
18:04:53 ABILITY TO PARTICIPATE IN PERSON HERE AT OLD CITY HALL
18:04:56 WHERE ON THE SECOND FLOOR OF OLD CITY HALL, THE CITY
18:05:00 HAS MADE AVAILABLE TO THE PUBLIC CMT FACILITIES.
18:05:04 315 E. KENNEDY BOULEVARD, TAMPA, ON THE SECOND FLOOR.
18:05:07 AND PLEASE NOTE THAT USE OF THE MASKS AND SOCIAL
18:05:10 DISTANCING INSIDE THE BUILDING ARE ENCOURAGED.
18:05:13 NOW THE MEMBERS OF THE PUBLIC ALSO HAVE THE OPPORTUNITY
18:05:17 TO SEND COMMENTS IN ADVANCE VIA E-MAIL.
18:05:23 THOSE ARE AVAILABLE TO THE PUBLIC TO BE READ ONLINE IN
18:05:27 ADVANCE OF THE MEETING AT TAMPA.GOV/AGENDAS.
18:05:30 THE INFORMATION ON HOW TO COMMUNICATE IS AGAIN
18:05:40 AVAILABLE ON THE CITY'S WEB SITE TAMPA.GOV/QUASI.
18:05:42 E-MAILS WILL BE SUBMITTED TO THE CITY COUNCIL AND WILL
18:05:46 BE INCLUDED IN THE PUBLIC RECORD OF THE MEETING.
18:05:51 ALL PUBLIC COMMENT BY MAIL, E-MAIL OR CMT WILL BE
18:05:53 AFFORDED EQUAL CONSIDERATION AS IF THE COMMENTS WERE
18:05:54 MADE IN PERSON.
18:05:59 ONE LAST ITEM REGARDING THE ONLINE PLATFORM, GO TO
18:05:59 MEETING.
18:06:01 THERE IS A CHAT BOX.
18:06:04 AND I WANT TO REMIND THE PUBLIC THAT THE CHAT BOX IS
18:06:07 ONLY TO BE USED FOR TECHNICAL QUESTIONS OR TECHNICAL
18:06:08 DIFFICULTIES.
18:06:13 PLEASE DO NOT USE THE CHAT BOX TO COMMUNICATE WITH
18:06:16 ANYBODY REGARDING THE SUBSTANCE OF THE HEARINGS.
18:06:20 AND PLEASE DO NOT USE IT TO ATTEMPT TO CONTACT OR
18:06:24 COMMUNICATE WITH MEMBERS OF THE TAMPA CITY COUNCIL AND
18:06:27 A REMINDER OF THE TAMPA CITY COUNCIL IF DURING THE
18:06:30 COURSE OF THE COMMUNICATION YOU HAVE ANY CONVERSATIONS
18:06:33 THAT ARE EX-PARTE, PLEASE DISCLOSE THEM.
18:06:35 COUNCIL, WE MIGHT TAKE THE OPPORTUNITY FOR COUNCIL TO
18:06:38 RECEIVE AND FILE ANY EX-PARTE COMMUNICATIONS THAT HAVE
18:06:42 BEEN MADE AVAILABLE OR ANY ORAL EX-PARTE COMMUNICATIONS
18:06:45 HAVE BEEN TAKEN PLACE, NOW IS A GOOD TIME TO DISCLOSE
18:06:45 IT.
18:06:48 OTHER THAN THE MOTION TO RECEIVE AND FILE, I APPRECIATE
18:06:50 YOUR TIME, AND I THANK YOU VERY MUCH.
18:06:53 >>JOHN DINGFELDER: MR. CHAIRMAN, LET ME HAND OVER THE
18:06:56 GAVEL, AND I WILL MAKE A NOTE FOR THE RECORD THAT MR.
18:07:00 CARLSON AND CHAIRMAN GUDES HAS ARRIVED.
18:07:04 MR. CHAIRMAN, THE REQUEST FROM STAFF IS THAT WE MOVE
18:07:07 ITEM 3 TO BE ITEM 1.
18:07:14 AND WE WOULD AND MOTION AND END DIETITIAN CONTINUE ITEM
18:07:15 NUMBER 4.
18:07:17 OTHER THAN THAT, THE GAVEL IS YOURS.
18:07:20 >>ORLANDO GUDES: THANK YOU, MR. DINGFELDER.
18:07:23 MR. VIERA WILL BE HERE SHORTLY ABOUT ANOTHER TEN
18:07:23 MINUTES.
18:07:25 >>JOHN DINGFELDER: YOU WANT MOTION TO RECEIVE AND
18:07:25 FILE.
18:07:27 >>ORLANDO GUDES: MOTION TO RECEIVE AND FILE.
18:07:29 >>JOSEPH CITRO: SECOND.
18:07:30 >>ORLANDO GUDES: ALL IN FAVOR.
18:07:31 OPPOSED.
18:07:34 >>JOHN DINGFELDER: MOTION TO OPEN 1-4.
18:07:35 >> SECOND.
18:07:39 >>ORLANDO GUDES: MOTION BY COUNCILMAN DINGFELDER TO
18:07:41 OPEN 1-4.
18:07:49 SECOND BY COUNCILMAN MANISCALCO.
18:07:51 WE WILL PROCEED --
18:07:53 >>JOHN DINGFELDER: DO 4.
18:07:59 >>ORLANDO GUDES: WE CAN DO THAT.
18:08:06 A MOTION BY COUNCILMAN MANISCALCO, SECOND BY COUNCILMAN
18:08:07 MIRANDA.
18:08:09 >>MARTIN SHELBY: WHILE STAFF IS ONLINE, ANYTHING TO BE
18:08:11 BROUGHT TO OUR ATTENTION?
18:08:16 REQUEST A CONTINUANCE TO JUNE 24.
18:08:17 >>ORLANDO GUDES: ANY COMMENTS FROM STAFF?
18:08:19 >> YES, THEY ARE AWARE.
18:08:21 >>MARTIN SHELBY: A REMINDER FROM THE PUBLIC THAT THERE
18:08:25 WILL NOT BE ANY MAILED OR PUBLIC NOTICE WITH REGARD
18:08:34 THAT AB 2-21-12 IS TO BE CONTINUED ON JUNE 24, 2021 AT
18:08:36 6 P.M. THANK YOU.
18:08:38 MOTION BY COUNCIL.
18:08:39 >>ORLANDO GUDES: MR. DINGFELDER.
18:08:42 AND SECONDED BY MR. MANISCALCO.
18:08:44 ROLL CALL VOTE.
18:08:46 >>MARTIN SHELBY: THAT WILL BE FINE.
18:08:48 >>BILL CARLSON: YES.
18:08:49 >>ORLANDO GUDES: YES.
18:08:51 >>CHARLIE MIRANDA: YES.
18:08:53 >>JOSEPH CITRO: YES.
18:08:54 >>GUIDO MANISCALCO: YES.
18:08:55 >>JOHN DINGFELDER: YES.
18:09:01 >>CLERK: MOTION CARRIES WITH VIERA BEING ABSENT.
18:09:03 >>ORLANDO GUDES: THANK YOU, MADAM CLERK, FILE NUMBER
18:09:07 AB 2-21-11.
18:09:11 MR. VIERA IS NOW PRESENT.
18:09:14 >> THANK YOU VERY MUCH, COUNCILMAN.
18:09:17 CAN WE HAVE A SWEAR-IN.
18:09:25 >>ORLANDO GUDES: COULD WE HAVE BETTER AUDIO, I.T.?
18:09:27 >>CLERK: DO YOU SWEAR OR AFFIRM YOU WILL TELL THE
18:09:30 TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
18:09:31 >> I DO.
18:09:42 >>CLERK: THANK YOU.
18:09:44 >>ORLANDO GUDES: MAY PROCEED, SIR.
18:09:45 >> WONDERFUL.
18:09:48 MAY I HAVE CONTROL OF THE SCREEN, PLEASE.
18:09:50 >>ORLANDO GUDES: I.T., WITH WE HAVE A LITTLE MORE
18:09:55 VOLUME OR --
18:09:57 >> CAN YOU HEAR ME NOW?
18:09:58 WONDERFUL, THANK YOU.
18:10:06 ZANE HUSSEIN, DEVELOPMENT COORDINATION AB 2-21-11.
18:10:08 THE APPLICANT IS FLOWER CROWN KOMBUCHA.
18:10:11 REPRESENTATIVE IS BRIAN GRIFFIN.
18:10:16 PROPERTY ADDRESS, 1601 N. FRANKLIN STREET, SUITE 1607.
18:10:19 THE APPLICATION BEFORE YOU IS REQUESTING SPECIAL USE
18:10:22 APPROVAL FOR THE SALE OF ALCOHOLIC BEVERAGES FOR A
18:10:25 SMALL VENUE BEER AND WINE CONSUMPTION ON PREMISE AND
18:10:28 PACKAGE SALES OFF-PREMISE CONSUMPTION.
18:10:31 THE PROPOSED USE IS A BAR, LOUNGE AND RETAIL SALES.
18:10:38 AB SALES IS 2012 SQUARE FEET INDOORS AND 1010 SQUARE
18:10:43 FEET OUTDOORS FOR TOTAL OF 3322 SQUARE FEET.
18:10:47 THE SITE PLAN SHOW PEDESTRIAN ACCESS TO THE SITE ON N.
18:10:47 FRANKLIN STREET.
18:10:50 THE REQUIRED PARKING FOR THE SITE IS 21 PARKING SPACES
18:10:55 AND THE SITE PLAN IS ZONING ZERO PARKING SPACES
18:10:56 PROVIDED.
18:11:02 THE APPLICANT HAS APPLIED FOR DESIGN DE 1-65 FOR FIVE
18:11:05 OFF-SITE PARKING SPACES, BUT THE REQUEST HAS NOT BEEN
18:11:06 APPROVED.
18:11:09 THE SITE PLAN INDICATES THAT THE PROPOSED HOURS OF
18:11:14 OPERATION WILL BE IN CONSISTENT WITH CHAPTER 14.
18:11:17 THE SUBJECT PROPERTY IS LOCATED WITHIN THE TAMPA
18:11:20 HEIGHTS URBAN VILLAGES AND THE DISTANCE SEPARATION
18:11:25 REQUIREMENT IS 250 FEET FROM OTHER AB SALES
18:11:27 ESTABLISHMENTS.
18:11:30 THE APPLICANT NEEDS TO ADD TO THE FOLLOWING COMMENT TO
18:11:32 THE SITE PLAN SAYING THE SALES AREA SHALL NOT BE
18:11:36 LOCATED WITHIN A PARKING OR LOADING AREA OR SPACE.
18:11:39 THE SITE PLAN STATES THAT ALL PERMITS ISSUED AFTER
18:11:45 APRIL 1, 2011 SHALL KEEP ON-SITE A COPY OF AN ADOPTED
18:11:49 ORDINANCE AND ASSOCIATED SITE PLAN, ALCOHOLIC
18:11:53 BEVERAGES, SALES PERMIT.
18:11:55 WAIVERS REQUESTED HERE.
18:11:59 SECTION 27-132 TO REDUCE THE REQUIRED DISTANCE
18:12:05 SEPARATION FROM 250 FEET TO 45 FEET FROM OTHER AB SALES
18:12:06 ESTABLISHMENTS.
18:12:13 ALSO, SECTION 27-28387 TO REDUCE THE REQUIRED PARKING
18:12:19 FROM 22 SPACES TO ZERO, WHICH IS 100% REDUCTION.
18:12:23 THIS IS WITHIN THE URBAN VILLAGES, WHICH STATE YOU NEED
18:12:28 250 FEET FROM RESIDENTIAL USES FOR AB SALES.
18:12:33 THERE IS AN AB SALES ESTABLISHMENT CALLED THE GARAGE
18:12:37 MEATERY 1606 NORTH FLORIDA AVENUE WHICH IS 45 FEET AWAY
18:12:43 AND A SMALL VENUE BEER AND WINE, COP AND PS.
18:12:46 THE PROPERTY IS LOCATED IN THE TAMPA HEIGHTS URBAN
18:12:49 VILLAGE AS STATED ABOVE.
18:12:52 LOOKING NEAR THE SITE PLAN, YOU SEE THE ESTABLISHMENT
18:12:56 ON THE PROPERTY IS DISTINCTIVE IN RED.
18:12:59 YOU HAVE THE REST ROOMS OVER HERE.
18:13:03 THE INDOOR AREA IN THIS SECTION OVER HERE AND ALONG THE
18:13:08 EAST SIDE IS THE OUTDOORS AREA AS YOU SEE ON THIS SITE
18:13:09 PLAN SHOWN.
18:13:18 YOU HAVE THE TABLES AND CHAIRS, INDOOR AND OUTDOOR.
18:13:21 YOU COME TO THE AERIAL VIEW OVERHEAD AND YOU SEE THE
18:13:24 PROPERTY IN RED HERE AND THE OTHER AB ESTABLISHMENT
18:13:29 CLOSE BY IS LOCATED WHERE MY CURSOR IS.
18:13:32 ENTRANCE IS ALONG N. FRANKLIN STREET TO THE WEST.
18:13:36 ESTELLE STREET, EAST TO THE SOUTH.
18:13:39 HENDERSON AVENUE TO THE NORTH.
18:13:44 AND NORTH FLORIDA AVENUE TO THE EAST.
18:13:46 LOOKING AT THE SUBJECT SITE HERE.
18:13:49 A PICTURE OF THE SITE OF FLOWER CROWN KOMBUCHA.
18:13:55 TO THE NORTH OF THE SITE.
18:13:58 TO THE WEST OF THE SITE YOU SEE THE PARKING LOT, ALSO
18:14:03 ARMATURE WORKS.
18:14:06 AND TO THE SOUTH OF THE SITE, YOU SEE THE BUSINESS.
18:14:08 THE DEVELOPMENT REVIEW AND COMPLIANCE STAFF HAS
18:14:12 REVIEWED THE APPLICATION AND FIND IT INCONSISTENT WITH
18:14:17 THE APPLICABLE CITY OF TAMPA CODE OF ORDINANCES.
18:14:20 MINOR CORRECTIONS OF THE SITE PLAN ARE NEEDED BETWEEN
18:14:22 FIRST AND SECOND READING.
18:14:24 THANK YOU.
18:14:26 I AM AVAILABLE FOR ANY QUESTIONS IF NEEDED.
18:14:28 >>ORLANDO GUDES: THANK YOU, SIR.
18:14:30 QUESTIONS, GENTLEMEN?
18:14:39 HEAR FROM THE APPLICANT?
18:14:46 WE HAVE AN APPLICANT FOR THIS -- PARDON ME?
18:14:48 IN PERSON SECOND FLOOR?
18:14:53 HERE WE GO.
18:14:56 HAVE YOU BEEN SWORN IN DOWNSTAIRS?
18:15:00 STATE YOUR NAME, SIR.
18:15:04 I DON'T KNOW IF YOU HAVE ANY VOLUME.
18:15:12 ALL RIGHT, I.T., CAN YOU HELP US OUT THERE?
18:15:13 TRY IT AGAIN, SIR.
18:15:15 >> MY NAME IS BRIAN GRIFFIN.
18:15:16 CAN YOU HEAR ME?
18:15:20 >>ORLANDO GUDES: WE CAN HEAR YOU NOW, THANK YOU.
18:15:23 >> WOULD YOU LIKE FOR ME TO GIVE A GENERAL
18:15:24 PRESCRIPTION?
18:15:27 >>ORLANDO GUDES: YOU TELL ME WHAT YOU WANT TO KNOW.
18:15:28 >> THANK YOU.
18:15:30 AND THE KIND AND GENEROUS FOLKS AT THE ZONING
18:15:32 DEPARTMENT THAT HELPED US TO THIS POINT.
18:15:36 I AM BRIAN GRIFFIN AND HERE WITH THE BUSINESS PARTNERS
18:15:41 AND FRIEND, PHIL SMITH AND DANIEL ANDRESON.
18:15:43 THE FIRST TIME BUSINESS OWNERS IN TAMPA.
18:15:46 I AM A LIFE-LONG TAMPA RESIDENT.
18:15:52 PHIL HAS A FANTASTIC RECIPE FOR KOMBUCHA THAT HE HAS
18:15:55 BEEN DEVELOPING AND WILL HAVE THE OPPORTUNITY IF YOU
18:15:58 ARE NOT FAMILIAR WITH KOMBUCHA WHAT KOMBUCHA IS.
18:16:02 TO START OUR BUSINESS AND BRING THIS POPULAR BEVERAGE
18:16:08 -- I SAY "POPULAR" BECAUSE OUT IN THE MID COAST THERE
18:16:13 ARE KOMBUCHA BEVERAGE THAT IS POPULAR THERE AND BRING
18:16:16 IT TO TAMPA SPECIFICALLY WHERE WE FOUND THE BUSINESS
18:16:18 LOCATION THAT IS REQUESTED FOR THE WAIVERS ON.
18:16:21 WE WOULD LIKE TO CALL THAT THE CRAFT BEVERAGE AREA OF
18:16:25 TAMPA, WHICH IS AN UP AND COMING NEIGHBORHOOD EAST OF
18:16:28 ARMATURE WORKS.
18:16:31 AND I THINK ALL THE CRAFT BUSINESS ALSO BRING NEW LIFE
18:16:33 TO THAT PART OF TAMPA, AND WE ARE GLAD TO BE A PART OF
18:16:34 THAT.
18:16:36 WE ARE ASKING TO BE ABLE TO ADD ANOTHER COMPONENT TO
18:16:37 OUR SALES.
18:16:39 NOW WE ARE NOT TRYING TO OPEN A BAR.
18:16:42 WE ARE NOT TRYING TO MAKE OUR SALES ABOUT -- YOU KNOW,
18:16:47 BE ABOUT THE ALCOHOL OFFERING, BUT A HARD KOMBUCHA
18:16:48 VARIETY.
18:16:53 KOMBUCHA IS NONALCOHOLIC WHEN MADE BUT A HARD KOMBUCHA
18:17:00 WHICH IS MADE WITH ORANGE WINE, AND WE ARE ASKING FOR A
18:17:05 BEER AND WINE VARIANCE THAT WILL HAVE US OFFER A
18:17:06 DIFFERENT OFFERINGS.
18:17:09 ASK PHIL ABOUT KOMBUCHA AND HOW THE PROCESS IS
18:17:11 UNDERGONE TO MAKE IT.
18:17:12 >> GOOD EVENING, EVERYONE.
18:17:18 KOMBUCHA IS A FERMENTED YOU TEA, A NONALCOHOLIC
18:17:22 SPARKLING BEVERAGE WITH SWEETENED TEA WITH A SPECIAL
18:17:23 CULTURE.
18:17:26 KOMBUCHA HAS BEEN AROUND FOR A VERY, VERY LONG TIME BUT
18:17:28 RECENTLY MADE A RESURGENCE.
18:17:31 COMMONLY TALKED ABOUT FOR ITS HEALTH BENEFITS BEING
18:17:36 HIGH IN PROBIOTICS AND RICH IN ANTIOXIDANTS, BUT PEOPLE
18:17:40 ENJOY KOMBUCHA FOR THE FLAVOR AND SOME OF THEM ENJOY IT
18:17:43 AS A ALCOHOLIC BEVERAGE ALTERNATIVE.
18:17:48 OUR TAP ROOM BREWERY IS THE FIRST KOMBUCHA TAP ROOM
18:17:51 BREWERY IN THIS PART OF THE STATE OF FLORIDA.
18:17:56 AND WE ARE A VERY SIMPLE OPERATION FROM A CONSUMER
18:17:59 PERSPECTIVE AND A BUSINESS OPERATION PERSPECTIVE.
18:18:02 WE ARE SIMILAR TO A COFFEE SHOP.
18:18:03 WE ARE VERY SIMPLE.
18:18:07 WE DON'T HAVE A COMMERCIAL KITCHEN AND WE DO OFFER
18:18:12 BAKED GOODS SUCH AS MUFFINS, CROISSANTS, AND, YEAH, WE
18:18:16 THINK BEING ABLE TO OFFER HARD KOMBUCHA VARIETY BY
18:18:20 BLENDING IT WITH -- EITHER WINE, SPARKLING WINE, OR A
18:18:23 SPECIAL -- SPECIALTY ORANGE WINE WOULD BE A REALLY
18:18:27 UNIQUE AND FUN THING FOR TAMPA AND TAMPA RESIDENTS TO
18:18:31 ENJOY.
18:18:34 >> I WILL JUST CONCLUDE BY SAYING THAT THE THREE OF US
18:18:34 LOVE TAMPA.
18:18:36 WE LOVE THE SPACE THAT WE FOUND.
18:18:40 IT IS A BUILDING THAT IS A HISTORIC RENOVATION PROJECT
18:18:42 ON FRANKLIN STREET.
18:18:44 THE BUILDING COMES ALL THE WAY OUT TO THE LOT LINES, SO
18:18:48 WE ARE WORKING WITH WHAT WE HAVE THERE, WHICH IS WHY WE
18:18:50 HAVE TO ASK FOR THE PARKING VARIANCE.
18:18:53 IN LIGHT OF THE PARKING REQUEST WE HAVE MADE, I HAVE
18:18:59 PROVIDED A MEMO OF ALTERNATIVE PARKING OPTIONS.
18:19:02 IT WAS A PRINTED MEMO AND THEY THANK YOU FOR YOUR TIME
18:19:06 AND ATTENTION AND STAND BY TO ANSWER ANY QUESTIONS.
18:19:08 >>ORLANDO GUDES: ANY QUESTIONS, GENTLEMEN?
18:19:10 MR. DINGFELDER, YOU ARE RECOGNIZED.
18:19:13 >>JOHN DINGFELDER: THANK YOU, GENTLEMEN.
18:19:15 I GOT YOUR SITE PLAN.
18:19:19 AND THERE ARE PHOTOGRAPHS INCLUDED ON THE SITE PLAN OF
18:19:22 THE -- WHAT APPEARS TO BE THE ADJACENT PROPERTIES, BUT
18:19:27 I DON'T KNOW IF ANY OF THESE PHOTOGRAPHS OF THE SUBJECT
18:19:28 PROPERTY.
18:19:33 DO YOU HAVE ANY PHOTOS OF YOU OF THE SUBJECT PROPERTY?
18:19:34 >> ACCORDING TO --
18:19:36 >>JOHN DINGFELDER: TRYING TO GET AN IDEA WHICH
18:19:37 BUILDING WE ARE TALKING ABOUT.
18:19:40 AND HOW -- HOW IT RELATES TO THE OTHER BUILDINGS THERE
18:19:44 ON FRANKLIN STREET.
18:19:44 >> YES, SIR.
18:19:47 >>JOHN DINGFELDER: WHILE YOU ARE LOOKING, MY OTHER
18:19:50 QUESTION THAT WE OFTEN ASK MANY FOLKS WHO ARE HERE FOR
18:19:57 AB IS WHAT ARE YOUR HOURS OF OPERATIONS PROPOSED, AND,
18:20:02 ALSO, WILL YOU HAVE ANY OUTDOOR AMPLIFIED AUDIO, MUSIC
18:20:05 OR WHAT HAVE YOU.
18:20:08 >> YES, SIR, WE DO NOT PLAN TO HAVE ANY AMPLIFIED
18:20:09 MUSIC.
18:20:11 IT REALLY DOESN'T FIT WITH THE SPACE THAT WE ARE GOING
18:20:14 FOR, THE VIBE THAT WE ARE GOING FOR WHICH IS MORE OF
18:20:17 KIND OF A COFFEE SHOP WITH THIS EXTRA ALTERNATIVE
18:20:21 OPTION TO IT.
18:20:24 >>JOHN DINGFELDER: ANY OUTDOOR SPACE AT ALL.
18:20:25 >> THERE IS.
18:20:28 THE PATIO WHICH IS PART OF THE UNIT AND ACCESSIBLE IN
18:20:31 THE BACK OF THE UNIT, BUT THAT PATIO HAS FIXED SEATING
18:20:32 AND TABLES.
18:20:36 IT HAS GOT PLANTS AND WHATNOT, SO NOT A SPACE THAT
18:20:39 WOULD BE SOMETHING THAT YOU WOULD ENVISION ON SOUTH
18:20:42 HOWARD AND SOMETHING LIKE THAT THAT IS A BAR, A PLACE
18:20:45 TO SIT AND RELAX, TO DO WORK OR TO MEET WITH A SMALL
18:20:46 GROUP OF FRIENDS.
18:20:49 AS TO YOUR QUESTION, SIR, ABOUT THE PHOTOS OF THE
18:20:50 SUBJECT.
18:20:55 SO IF YOU CAN TAKE A LOOK AT THE WEST ELEVATION, THE
18:20:59 UNIT IS THE ONE ON THE LEFT.
18:21:03 THERE IS KIND OF FOUR GREEN PANELS IN THE BUILDING.
18:21:06 OUR UNIT IS THE ONE ON THE VERY LEFT.
18:21:11 THE REASON THAT THE SOUTH -- THE REASON THAT THE SOUTH
18:21:15 PICTURE DOESN'T READILY LOOK LIKE A PICTURE OF OUR UNIT
18:21:18 BECAUSE OUR UNIT IS A L-SHAPE.
18:21:23 SO YOU ARE LOOKING AT THE SOUTHERN MOST UNIT ON THE
18:21:26 LEFT PART OF THAT PICTURE, ON THE RIGHT IS A GARAGE
18:21:29 DOOR WITH IRON BARS.
18:21:32 THE EXIT OF THE PATIO.
18:21:35 IN THE BUILDING THAT GOES ALL THE WAY EAST AND PROCEEDS
18:21:39 SOUTH AND LET'S OUT ON ESTELLE STREET.
18:21:42 >>JOHN DINGFELDER: IS YOUR PATIO SPACE EN CLOSED WITH
18:21:44 A WALL OR SOMETHING?
18:21:46 >> YES, SIR, FOUR WALLS.
18:21:48 >>JOHN DINGFELDER: HOW ABOUT YOUR HOURS OF OPERATION.
18:21:53 >> THE HOURS OF OPERATION ARE CONSISTENT WITH CHAPTER
18:21:54 14 OF CITY ORDINANCES.
18:21:58 RIGHT NOW THEY ARE 10:00 TO 5:00.
18:22:03 IF WE MAKE ANY CHANGES, IT WILL BE 8:00 OR THE LATEST
18:22:04 7:00 OR 8:00.
18:22:11 BE WOULD NOT BE BUMPING UP THE ORDINANCE OF 7 A.M. --
18:22:13 WE WOULDN'T COME CLOSE TO THAT BUT ALWAYS REMAIN IN
18:22:15 COMPLIANCE.
18:22:20 >>JOHN DINGFELDER: CLARIFY TO ME WITH APPLES AND OF
18:22:23 WHAT YOU ARE SAYING THAT YOU WANT YOUR HOURS TO BE.
18:22:27 >> IF THIS IS APPROVED, WE WOULD LIKE OUR HOURS TO BE
18:22:29 10 A.M. TO 7 P.M.
18:22:30 >>JOHN DINGFELDER: OKAY.
18:22:33 YOU ARE NOT A NIGHT -- YOU ARE NOT A NIGHTTIME
18:22:34 ESTABLISHMENT.
18:22:36 >> NO, SIR.
18:22:40 >>JOHN DINGFELDER: IS THAT TRUE SEVEN DAYS A WEEK?
18:22:42 >> WE ARE CLOSED ON MONDAY.
18:22:45 THINGS WENT WELL IN THE WEEKEND WE MAY CONSIDER 8 P.M.
18:22:48 AND WOULD NOT BE OPEN LATE AND WOULD NEVER APPROACH 11
18:22:51 OR 12:00.
18:22:53 >>JOHN DINGFELDER: I DON'T WANT TO CONSTRAIN YOUR
18:22:56 FUTURE OPERATIONS OR SOME CHANGE IN YOUR BUSINESS, BUT
18:23:01 YOU WOULDN'T HAVE A PROBLEM LET'S SAY WITH -- WITH A 11
18:23:05 P.M. CLOSE TIME SEVEN DAYS A WEEK.
18:23:07 >> WE WOULD NOT.
18:23:09 >>JOHN DINGFELDER: YOU ARE IN A FAIRLY URBANIZED AREA
18:23:15 AND SOMETIMES WEAR HILL HARSHER THAN THAT.
18:23:17 >> WE WOULD BE HAPPY TO ACCEPT THAT, THANK YOU.
18:23:22 >>ORLANDO GUDES: THANK YOU, SIR, MR. CITRO.
18:23:24 >>JOSEPH CITRO: GENTLEMEN, THANK YOU VERY MUCH FOR
18:23:29 CHOOSING TAMPA TO SELL YOUR WARES AND TO BE
18:23:30 ENTREPRENEURS.
18:23:31 AND WE THANK YOU.
18:23:33 WE NEED MORE PEOPLE LIKE YOU.
18:23:37 PLEASE DON'T THINK ME OF BEING HARSH WHEN I ASK THESE
18:23:37 QUESTIONS.
18:23:39 SAY THE PRODUCT NAME AGAIN.
18:23:42 KOMBUCHA.
18:23:43 >> KOMBUCHA.
18:23:45 >>JOSEPH CITRO: KOMBUCHA.
18:23:47 >> WHAT IS THE ALCOHOL CONTENT TO THAT?
18:23:51 >> OVER TO OUR HEAD BREWMASTER.
18:23:55 >> KOMBUCHA IS FERMENTED BUT WITH A SPECIAL CULTURE.
18:23:58 A YEAST AND A BACTERIA FERMENTATION GOING ON AT THE
18:23:59 SAME TIME.
18:24:04 ESSENTIALLY A SELF-GOVERNING FERMENTATION, WHEN ONE --
18:24:07 WHILE THE YEAST FERMENTATION IS GOING ON THE BACTERIA
18:24:13 FERMENTATION IS FERMENTING THE BYPRODUCTS OF THE YEAST
18:24:13 FERMENTATION.
18:24:17 ONE OF THE BYPRODUCTS IS ETHANOL, BUT AS SOON AS THAT
18:24:21 IS CREATED THE BACTERIAL CONSUMES THE ETHANOL AND
18:24:25 ESSENTIALLY THERE IS A TRACE AMOUNT OF ALCOHOLS LEFT IN
18:24:30 KOMBUCHA, BUT FAR BELOW THE HALF PERCENT FEDERALLY TO
18:24:34 MAKE IT NONALCOHOLIC.
18:24:35 >>JOSEPH CITRO: THANK YOU VERY MUCH.
18:24:38 THE REASON -- I ALSO APPLAUD YOU.
18:24:41 WE HAVE BEEN DEALING WITH PARKING ISSUES IN OUR URBAN
18:24:46 DOWNTOWN CORE AND IF YOUR BUSINESS MODEL -- YOUR
18:24:49 BUSINESS MODEL SAYS YOU CAN GET BY WITHOUT PARKING.
18:24:50 MORE POWER TO YOU GUYS.
18:24:54 AGAIN, THAT IS WHAT MY VISION FOR DOWNTOWN TAMPA IS TO
18:24:58 BE WALKABLE, FOR NEIGHBORHOODS, FOR PEOPLE TO BE ABLE
18:25:00 TO WALK OUT OF THEIR HOUSE AND GET REFRESHMENT OR
18:25:01 DINNER OR SOMETHING.
18:25:04 SO I APPLAUD YOU ON THAT.
18:25:06 NOW COMES MY QUESTION.
18:25:09 WHAT WE DO THIS EVENING WILL RIDE WITH THE PROPERTY.
18:25:12 YOU FIND OUT YOUR BUSINESS MODEL DOESN'T WORK, YOU SELL
18:25:14 TO SOMEBODY ELSE.
18:25:17 I WANT TO MAKE SURE THAT WE ARE SAFEGUARDING THAT
18:25:19 SOMETHING LIKE THAT DOESN'T HAPPEN.
18:25:21 I AM GETTING MORE AND MORE COMPLAINTS FROM PEOPLE IN
18:25:30 TAMPA HEIGHTS, RIVERSIDE HEIGHTS AROUND ARMATURE THAT
18:25:33 TURN INTO MINI RAVES ON THURSDAY NIGHT UNTIL 3:00 IN
18:25:34 THE MORNING.
18:25:37 SO ALTHOUGH I WISH YOU SUCCESS, I WANT TO YOU KNOW THAT
18:25:40 I HAVE SOME JUDGMENTS ON THIS BECAUSE I DON'T WANT YOU
18:25:42 TO FAIL.
18:25:49 BUT BECAUSE YOU ARE SELLING -- WITH YOUR OFF-PREMISE
18:25:51 ALCOHOL SALES THEIR GETTING.
18:25:54 YOU ARE SELLING YOUR PRODUCTS ONLY, YOU ARE NOT SELLING
18:25:57 OTHER PEOPLE'S WINES AND BEER AS SOON AS LET ME GET
18:25:58 THAT ONE STRAIGHT.
18:25:59 GO AHEAD.
18:26:02 >> WE WOULD LIKE TO OFFER WINE AND BEER ON-SITE, BUT
18:26:07 OFF-PREMISE SALES WE WOULD ONLY SELL OUR PRODUCT.
18:26:09 >>JOSEPH CITRO: THAT WAS A REQUEST BY THIS CITY
18:26:11 COUNCIL, WOULD THAT BE AGREEABLE.
18:26:16 >> TO LIMIT OUR PACKAGE SALES TO OUR PACKAGE SALES
18:26:16 ONLY.
18:26:18 >> WE ARE VERY AGREEABLE.
18:26:20 >>JOSEPH CITRO: THANK YOU VERY MUCH.
18:26:21 MR. CHAIR.
18:26:23 >>CHARLIE MIRANDA: I READ ALL YOUR PARKING STATISTICS
18:26:26 AND FROM POINT A TO POINT B.
18:26:32 3 3/8 OF A MILE.
18:26:34 WALK TO OTHER AREAS.
18:26:37 THE PROBLEM IS TODAY SOMETHING THAT -- VERY LITTLE ALL
18:26:41 OVER TRAFFIC PARKING LOTS ARE MORE ABUNDANT THAN THERE
18:26:42 ARE CARS.
18:26:45 BUT TOMORROW, WHAT HAPPENS IN DIFFERENT AREAS LIKE ONE
18:26:50 ON MACDILL AVENUE AND ONE ON HOWARD AVENUE, THERE ISN'T
18:26:52 MORE PARKING YET.
18:26:56 ONCE THESE THINGS FLARE UP, YBOR CITY WAY BACK 35 YEARS
18:26:59 AGO, YOU COULD PUT 20 BUSES IN THERE, THERE WAS NO ONE
18:27:01 THERE.
18:27:05 OR YOU HAD TUMBLEWEED AND TWO OTHER THINGS I AM NOT
18:27:07 GOING TO MENTION.
18:27:09 AND THERE WERE WITH YOUR HORSE.
18:27:10 I SAW YOU THERE.
18:27:13 WHAT I AM TRYING TO SAY IS THAT PARKING WILL BECOME
18:27:20 VERY, VERY SCARCE IN THOSE AREAS IN A VERY SHORT TIME.
18:27:24 SO DEVELOPMENT AROUND THERE IS STARTING TO MOVE LIKE IT
18:27:26 HAS MOVED IN OTHER PARTS OF DOWNTOWN.
18:27:31 AND I AM JUST AFRAID THAT A PARKING AREA WILL NOT
18:27:34 SUSTAIN IN THE NEAR FUTURE THE DEVELOPMENT THAT IS
18:27:35 COMING.
18:27:36 THAT'S ALL.
18:27:38 THANK YOU.
18:27:42 >>ORLANDO GUDES: ANYONE ELSE.
18:27:45 >>RYAN MANASSE: MR. CHAIR, RYAN MANASSE.
18:27:47 >>JOHN DINGFELDER: RYAN, WERE YOU TRYING TO SAY
18:27:49 SOMETHING OR ZANE?
18:27:52 >>RYAN MANASSE: YES, IF I CAN HAVE A MOMENT, CHAIR OR
18:27:53 COUNCILMAN.
18:27:55 >>JOHN DINGFELDER: WE CAN'T HEAR YOU.
18:27:58 >>RYAN MANASSE: CAN YOU HEAR ME GOOD?
18:27:59 SORRY.
18:28:03 I JUST WANT CLARIFICATION NOT TO CREDIT WHAT COUNCILMAN
18:28:06 CITRO IS ASKING FOR ON THE SITE PLAN, WE MIGHT HAVE
18:28:11 ISSUE REGULATING THAT TO THEIR OWN PRODUCT AND SUSAN
18:28:15 JOHNSON-VELEZ MAY WANT TO COMMENT.
18:28:18 I HEARD NO OUTDOOR AMPLIFIED SOUND BY COUNCILMAN
18:28:21 DINGFELDER AND CLOSED AT 11 P.M. SEVEN DAYS A WEEK.
18:28:25 IS EVERYBODY ON THE SAME PAGE WITH THAT AS STAFF
18:28:27 ANNOTATES THAT FOR CORRECTION IF THAT IS APPROVED
18:28:30 BETWEEN FIRST AND SECOND READINGS.
18:28:33 >>MARTIN SHELBY: WOULD LIKE TO HEAR THAT FROM THE
18:28:33 PETITIONER.
18:28:36 WOULD YOU LIKE TO HEAR THAT FROM THE PETITIONER, MR.
18:28:39 MANASSSE.
18:28:43 >>RYAN MANASSE: YES, SO THEY ARE AWARE BETWEEN FIRST
18:28:44 AND SECOND READING.
18:28:47 I DON'T WANT THEM TO FALL BETWEEN THE CRACKS.
18:28:49 >> WE AGREE TO THOSE TWO ITEMS.
18:28:50 >>RYAN MANASSE: THANK YOU.
18:28:55 I WILL REFER TO SUSAN JON FOR THE PACKAGE SALES.
18:29:00 >>SUSAN JOHNSON-VELEZ: THANK YOU, SUSAN JOHNSON-VELEZ.
18:29:04 YES, COUNCILMAN CITRO, YOU ARE NOT ABLE TO REGULATE THE
18:29:09 PRODUCT OR SPECIFY THAT IT ONLY BE THEIR SPECIFIC
18:29:10 PRODUCT.
18:29:13 SHOULD YOU APPROVE ALCOHOLIC BEVERAGE SALES FOR BEER
18:29:15 AND WINE AT THIS LOCATION.
18:29:19 >>JOSEPH CITRO: MISS JOHNSON-VELEZ.
18:29:23 A SHOT IN THE DARK AND I THOUGHT I WOULD TRY.
18:29:27 I HOPE THIS GENTLEMEN'S BUSINESS PLAN.
18:29:32 MY FEAR IS THIS IS A PACKAGE SALES STORE WITH BEER AND
18:29:33 WINE AND PEOPLE LIKE TO HANG OUT THERE.
18:29:36 AGAIN, I AM HOPING THEIR BUSINESS PLAN WORKS FOR THEM.
18:29:40 THANK YOU, MISS JOHNSON-VELEZ.
18:29:45 >>SUSAN JOHNSON-VELEZ: YOU ARE WELCOME.
18:29:48 >>ORLANDO GUDES: A QUESTION?
18:29:48 MR. DINGFELDER?
18:29:52 >>JOHN DINGFELDER: AND I AM NOT SURE WHO TO DIRECT
18:29:55 THIS TO, ZANE AND RYAN.
18:29:59 IF THIS ESTABLISHMENT WAS STRICTLY DOWNTOWN, DOWNTOWN
18:30:02 AS WE KNOW IT, YOU KNOW, ON THE SOUTH SIDE OF THE
18:30:07 INTERSTATE, IF THEY WERE COMING IN, THEY WOULDN'T HAVE
18:30:11 A PARKING REQUIREMENT, WOULD THEY?
18:30:16 BECAUSE SEEMS LIKE, YOU KNOW, ALL THESE LITTLE THOUSAND
18:30:20 SQUARE FOOT SHOPS AND WHAT HAVE YOU, THEY DON'T HAVE
18:30:22 THEIR OWN PARKING, DO THEY?
18:30:26 >>RYAN MANASSE: IT WOULD BE LIMITED, YES, COUNCILMAN,
18:30:28 RYAN MANASSE FOR THE RECORD.
18:30:30 DOWNTOWN IS A LITTLE DIFFERENT AS FAR AS PARKING
18:30:32 REQUIREMENTS.
18:30:34 FOR INSTANCE, RESTAURANTS DON'T REQUIRE PARKING.
18:30:37 THIS IS NOT CONSIDERED A RESTAURANT MORE OF A PROPOSED
18:30:42 USE A COFFEE SHOP AND WILL HAVE TO GIVE AN ALCOHOL USE
18:30:45 OR BAR LOUNGE.
18:30:49 I BELIEVE DOWNTOWN BAR-LOUNGE IS 1,000 SQUARE FEET PER
18:30:51 PARKING SPACES AND SOMETHING LIMITED TO THAT.
18:30:53 TO ANSWER YOUR QUESTION, COUNCILMAN DINGFELDER, YES, IT
18:30:56 IS MORE LIMITED THAN OTHER PARTS OF THE CITY.
18:31:01 AND AS WELL, I COULD MAKE ONE OTHER POINT IS SOME BARS
18:31:05 CAN BE PROCESSED ADMINISTRATIVELY DOWNTOWN IF THEY
18:31:08 DON'T EXCEED A CERTAIN AMOUNT PER BLOCK.
18:31:12 AN ADMINISTRATIVE PROCESS FOR SOME OF THESE ALCOHOLIC
18:31:13 ESTABLISHMENT.
18:31:16 A LITTLE DIFFERENT SOUTH OF THE INTERSTATE.
18:31:19 >>JOHN DINGFELDER: I WOULD JUST FOR DISCUSSION
18:31:21 PURPOSES AND NOT TO BELABOR IT, THIS IS A SIGNIFICANT
18:31:25 REDUCTION OF PARKING FROM 22 SPACES TO ZERO WHICH
18:31:30 FRANKLY IF IT WAS, YOU KNOW, VIRTUALLY ANY MORE
18:31:34 SUBURBAN AREA OF THE CITY WOULD BE VERY ALARMING AND
18:31:37 NOTHING THAT WE WOULD CONSIDER, BUT I THINK THAT PART
18:31:42 OF FRANKLIN STREET PROBABLY USED TO BE BEFORE THE
18:31:47 INTERSTATE AND WAS DOWNTOWN UP THERE IN FRANKLIN AND
18:31:50 NOW IT SEEMS TO BE REVIVING AS A CONTINUATION OF
18:31:51 DOWNTOWN.
18:31:57 MAYBE MY YOUNGER COMPATRIOTS CAN CONFIRM THAT, I DON'T
18:31:58 KNOW.
18:32:04 >> MAY I OFFER THOUGHTS ON THE PARKING?
18:32:05 MAY I SPEAK?
18:32:07 THIS IS BRIAN GRIFFIN.
18:32:10 >>ORLANDO GUDES: LET ME GET TO MR. MIRANDA.
18:32:12 >>CHARLIE MIRANDA: I WAS GOING TO SAY A FURNITURE
18:32:14 STORE RIGHT THERE ON THAT CORNER.
18:32:20 THIS IS A 2-COP, WHICH MEANS IT IS BEER AND WINE AND
18:32:23 THEY CAN DO ALL THEY WANT IN THE HOURS HAVE BEEN
18:32:24 DEFINED.
18:32:27 KOMBUCHA IS ONE ASPECT OF IT.
18:32:32 AND THE REST -- SO YOU DON'T HAVE NO SALES OF NOTHING
18:32:35 ELSE OTHER THAN KOMBUCHA, BEER AND WINE.
18:32:38 >> WE HAVE A SMALL CABINET OF SNACKS THAT ARE
18:32:42 PREPREPARED OFF-SITE.
18:32:46 >>CHARLIE MIRANDA: LAYS POTATO CHIPS.
18:32:49 >> WE DON'T HAVE THEM ON THE MENU AT THE MOMENT.
18:32:51 BUT WE ALSO SERVE COFFEE, SIR.
18:32:52 >>CHARLIE MIRANDA: ALL RIGHT, THAT'S ALL I WANT TO
18:32:53 KNOW.
18:32:54 THANK YOU.
18:32:56 >>ORLANDO GUDES: MR. MANISCALCO, YOU ARE RECOGNIZED
18:32:57 AND MR. VIERA.
18:32:59 >>GUIDO MANISCALCO: JUST A HISTORICAL PERSPECTIVE.
18:33:03 THE STREET CAR WENT UP FRANKLIN STREET AND PALM AVENUE
18:33:04 PACK IN THE DAY.
18:33:07 THAT AREA BEFORE THE INTERSTATE WAS ALL PART OF THE
18:33:08 DOWNTOWN AREA GOING INTO TAMPA HEIGHTS.
18:33:11 AND WE DIDN'T HAVE THE AUTOMOBILE OWNERSHIP WHEN ALL
18:33:13 THAT WAS LAID OUT.
18:33:15 FOLKS RELIED ON THE STREET CAR AND LIVED THERE AND
18:33:17 WALKED THERE.
18:33:18 TODAY LIVE NEARBY.
18:33:20 WE SEE THE NEW CONSTRUCTION.
18:33:24 WE SEE ARMATURE WORKS, THE RIVERWALK.
18:33:28 I MYSELF, FOR EXAMPLE, WHEN BY TO TAMPA HEIGHTS, I PARK
18:33:34 -- AM I TESTIFYING MISS JOHNSON-VELEZ, NO?
18:33:37 I SEE PEOPLE USING ALTERNATIVE METHODS OF
18:33:37 TRANSPORTATION.
18:33:41 I ALWAYS THOUGHT DO AWAY WITH PARKING MINIMUMS AS OTHER
18:33:44 CITIES HAVE DONE, ESPECIALLY IN URBAN AREAS SUCH AS
18:33:47 THIS AND AREAS BEING REVITALIZE.
18:33:52 YOU KNOW, THE CLIENTELE BASE FOR A BUSINESS LIKE THIS I
18:33:57 WOULD ASSUME WALKING FROM ARMATURE WORKS AND NATURE
18:34:00 WALK AND MAYBE THEY LIVE IN APARTMENTS DOWNTOWN, BUT
18:34:03 MORE OF A WALKABLE AREA.
18:34:05 NOT THAT WE ARE A VERY SAFE PEDESTRIAN AREA BUT
18:34:09 DIFFERENT OPTIONS INSTEAD OF JUST TAKING A CAR.
18:34:11 ANOTHER QUESTION FOR THE APPLICANT AND THIS WILL NOT
18:34:14 EFFECT HOW I VOTE, BUT WHAT IS THE CARB COUNT ON
18:34:16 KOMBUCHA?
18:34:19 IS IT A KETO-FRIENDLY THING OR NO.
18:34:23 >> I THINK YOU WILL BE HAPPY WITH THIS ANSWER.
18:34:26 >> SO TECHNICALLY IT IS NOT KETO-FRIENDLY, THERE ARE
18:34:31 SUGAR -- RESIDUAL SUGAR IN KOMBUCHA.
18:34:34 THE TYPICAL SERVING 12 OUNCE ALSO RANGE BETWEEN 35 AND
18:34:39 50 CALORIES AND EIGHT GRAMS OF SUGAR.
18:34:41 >>LUIS VIERA: VERY GOOD.
18:34:42 --
18:34:43 >>GUIDO MANISCALCO: VERY GOOD, THANK YOU VERY MUCH.
18:34:45 >>LUIS VIERA: I DON'T HAVE ANY QUESTIONS.
18:34:48 COUNCILMAN MANISCALCO ASKED MY QUESTION.
18:34:53 >>JOSEPH CITRO: MR. CHAIR, DO WE HAVE SCOOTER GUIDO TO
18:34:56 RIDE ALONG WITH SCOOTER JOE.
18:35:02 >>GUIDO MANISCALCO: SCOOTER GUIDO IS TOO CHEAP TO PAY
18:35:04 FOR THE SCOOTER.
18:35:05 >>JOSEPH CITRO: THEY MAY BE COMING UP WITH SEATED
18:35:08 SCOOTERS SO YOU DON'T HAVE TO STAND.
18:35:11 >>ORLANDO GUDES: YOU ARE RECOGNIZED.
18:35:15 >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON VELEZ.
18:35:18 COUNCILMEMBERS I WANT TO REMIND YOU AND YOU ARE ASKING
18:35:22 THE APPLICANT A LOT OF QUESTIONS OF THEIR PARTICULAR
18:35:25 OPERATIONS, BUT IF YOU APPROVE IT, YOU WILL APPROVING
18:35:29 BEER AND WINE FOR ON-PREMISE CONSUMPTION AND
18:35:33 OFF-PREMISE REGARDLESS OF WHO THE OPERATOR IS AT THIS
18:35:34 LOCATION.
18:35:37 I KNOW YOU HAVE A SPECIFIC APPLICANT WHERE A SPECIFIC
18:35:40 BUSINESS IN FRONT OF YOU, BUT YOU SHOULD CONSIDER
18:35:43 WHETHER THE CRITERIA ARE MET TO HAVE THIS PARTICULAR
18:35:47 USE AT THIS LOCATION WITHOUT RESPECT TO THE SPECIFIC
18:35:48 OPERATOR.
18:35:48 >>JOHN DINGFELDER: MR. CHAIRMAN.
18:35:51 >>ORLANDO GUDES: YOU ARE RECOGNIZED, MR. DINGFELDER.
18:35:55 >>JOHN DINGFELDER: I APPRECIATE THAT REMINDER MISS
18:35:56 SUSAN JOHNSON-VELEZ.
18:36:01 IN THAT REGARD, WHAT IS THE COMPONENT -- WHAT YOU
18:36:04 DESCRIBED IS COFFEE SHOP, CHILL, ALL THAT STUFF.
18:36:10 WHAT IS THE NEED FOR THE DESIRE ASSOCIATED WITH OFF --
18:36:14 SALES OFF-PREMISE.
18:36:17 >> SO WE HAVE OUR KOMBUCHA AVAILABLE ON-SITE IN A TAP
18:36:20 ROOM WHICH IS NEW FOR TAMPA, THE FIRST OF ITS KIND.
18:36:27 WE OFFER OUR KOMBUCHA TO GO IN GLASS GROWLERS.
18:36:30 THE MOST POPULAR.
18:36:33 TAKE HOME IN THEIR RIDGE AND ONE IN THE MORNING WHEN WE
18:36:37 WAKE UP AND ONE FROM THE BEACH.
18:36:41 HARD VARIETY TO TAKE HOME AND PUT IN THEIR FRIDGE AND
18:36:43 ENJOY IT THROUGHOUT THE WEEK AND THAT IS WHERE THE
18:36:44 PACKAGE SALES.
18:36:46 AND ALSO IF I MAY CONTINUE ABOUT THIS AREA AND THE
18:36:49 CONCERNS THAT I THINK ARE QUITE VALID.
18:36:50 WHAT HAPPENS AFTER US?
18:36:53 SO WE LOVE THE SPACE AND WE WANT TO STAY AS LONG AS
18:36:54 POSSIBLE.
18:36:57 BUT THERE IS SOMETHING REALLY INTERESTING GOING ON ON
18:36:59 THIS PARTICULAR BLOCK, AND I WANT TO PAINT A PICTURE
18:37:00 FOR YOU.
18:37:05 I APPLAUD THE COUNCIL FOR DOING A FANTASTIC JOB OF
18:37:08 PROMOTING AND CREATING THE ARMATURE AREA AND THE RIVER
18:37:09 WALK.
18:37:13 OUR BLOCK, A FEW BLOCKS EAST OF THAT, A SHORT WALK IS
18:37:18 REALLY BECOMING -- GETTING IS OWN LIFE AS A CRAFT
18:37:19 BEVERAGE BLOCK.
18:37:22 DOESN'T MEAN ALCOHOLIC CRAFT BEVERAGE -- BUT TWO BEER
18:37:27 BREWERIES, THE MEATERY WHICH IS AN INTERESTING AND
18:37:29 UNIQUE DRINK AND KOMBUCHA.
18:37:32 WHAT IS HAPPENING THERE ARE PEOPLE -- PEOPLE WHO ARE
18:37:34 HEALTH CONSCIOUS AND PEOPLE LOOKING FOR DAYTIME
18:37:37 ACTIVITIES, PLACES TO WORK AND PLACES TO SPEND, YOU
18:37:40 KNOW, SUNSHINE HOURS ON THE WEEKEND ARE COMING THERE TO
18:37:43 TRY THE VARIETY OF DIFFERENT CRAFT BEVERAGES AND
18:37:45 GETTING A LIFE AND NAME OF ITS OWN.
18:37:50 I THINK THIS COULD REALLY BECOME AN UNIQUE EXTENSION OF
18:37:54 THE PRODUCT AT ARMATURE WORKS AND THE RIVER WALK.
18:37:57 A VERY TAMPA-SPECIFIC THING.
18:38:00 I DON'T KNOW ANY BLOCK IN THE COUNTRY WHERE YOU GET
18:38:05 CRAFT BEER, CRAFT KOMBUCHA AND CRAFT MEAT WITHIN A FEW
18:38:07 STRETCHES EACH OTHER AND THIS WILL HAPPEN IN THE NEAR
18:38:09 AND DISTANT FUTURE.
18:38:11 IT WILL BE SOMETHING THAT IS UNIQUELY TAMPA.
18:38:13 I THINK THERE IS PRECEDENT HERE EVEN WITH THE ALCOHOL
18:38:16 SALES BECAUSE THOSE OTHER SITES DO HAVE ALCOHOL SALES
18:38:19 WILL LEND TO WHAT IS HAPPENING EVEN BEFORE US AND WHAT
18:38:22 WILL PROBABLY HAPPEN AFTER US A DAYTIME PLACE TO WORK,
18:38:26 TO GO ON THE WEEKENDS, TO WALK, FOR CITY MARKETS AND
18:38:27 POP-UPS TO HAPPEN.
18:38:30 I DO NOT ANTICIPATE THIS -- AND THE BUSINESS MODELS OF
18:38:34 OURS AND THOSE AROUND US ARE NOT ONE THAT LEND TO
18:38:38 NIGHTTIME BARS, LOUD AMPLIFIED MUSIC OR THE CONCERNS
18:38:41 THAT YOU VERY VALIDLY RAISE.
18:38:44 >>ORLANDO GUDES: ANYBODY ELSE?
18:38:45 OKAY.
18:38:52 DO WE HAVE ANYBODY ON THE SECOND FLOOR FOR THIS ITEM?
18:38:54 >>CLERK: NO ONE ON THE SECOND FLOOR AND WE DO NOT HAVE
18:38:58 ANY REGISTERED SPEAKERS FOR THIS ITEM.
18:39:00 >>ORLANDO GUDES: WE WILL CLOSE.
18:39:03 >>JOHN DINGFELDER: BILL IS OUR MOST WORLDLY GUY.
18:39:09 WE EXPECTED HIM TO BE OUR KOMBUCHA EXPERT.
18:39:11 >>CHARLIE MIRANDA: MANY YEARS AGO AID FRIEND THAT
18:39:15 LIVED ON 21ST STREET IN YBOR CITY.
18:39:18 THE NAME OF THE STREET WAS YBOR AND 21ST.
18:39:22 HER GRANDMOTHER'S NAME WAS KOMBUCHA.
18:39:26 WHEN I SAW THIS HERE, I TOLD MYSELF, WOW, SHE BECAME
18:39:27 FAMOUS.
18:39:29 65 YEARS LATER.
18:39:33 SO GOOD LUCK WITH YOUR KOMBUCHA.
18:39:36 >>ORLANDO GUDES: WE HAD A MOTION BY COUNCILMAN
18:39:37 DINGFELDER.
18:39:41 SECOND BY COUNCILMAN MIRANDA.
18:39:44 ALL IN FAVOR, AYE.
18:39:45 OPPOSED.
18:39:49 COUNCILMAN MIRANDA, SINCE YOU KNOW ABOUT KOMBUCHA.
18:39:50 WILL YOU READ IT.
18:39:53 >>CHARLIE MIRANDA: ALL I WILL SAY AND AFTER THAT I
18:39:54 WON'T MAKE ANY MORE COMMENTS.
18:39:59 ITEM NUMBER 3, FILE NUMBER AB 2-21-11.
18:40:01 BEING PRESENTED FOR FIRST READING AN ORDINANCE
18:40:05 APPROVING A SPECIAL USE PERMIT SU-2 FOR ALCOHOLIC
18:40:09 BEVERAGE SALES, SMALL VENUE CONSUMPTION ON PREMISES AND
18:40:13 PACKAGE SALES OFF-PREMISE CONSUMPTION AND MAKING LAWFUL
18:40:18 THE SALE OF BEER AND WINE AT OR FROM THE CERTAIN LOT,
18:40:23 PLOT OR TRACT OF LAND LOCATED 1601 N. FRANKLIN STREET,
18:40:27 SUITE 1607, TAMPA, FLORIDA, AS MORE PARTICULARLY
18:40:33 DESCRIBED IN SECTION 2 PROVIDING ALL ORDINANCES OR
18:40:36 PARTS OF ORDINANCES IN CONFLICT ARE REPEALED, PROVIDING
18:40:39 AN EFFECTIVE DATE AND LET ME SEE IF THERE IS ANOTHER
18:40:42 ORDINANCE, AND WITH THE BUSINESS MODEL AND HOURS OF
18:40:47 OPERATIONS STATED ON THE RECORD BY THE PETITIONER AND I
18:40:51 FORGOT WHAT THEY WERE YOU.
18:40:52 >>BILL CARLSON: YES.
18:40:53 >>ORLANDO GUDES: YES.
18:40:57 >>CHARLIE MIRANDA: YES.
18:40:59 >>JOSEPH CITRO: GENTLEMEN, DON'T LET US DOWN ON THIS.
18:41:02 I HOPE YOUR BUSINESS MODEL DOES WORK, YES.
18:41:04 >>LUIS VIERA: OH, YES.
18:41:06 >>GUIDO MANISCALCO: YES.
18:41:07 >>JOHN DINGFELDER: YES.
18:41:10 AND I JUST REALIZED -- I JUST REALIZED WHERE I HEARD
18:41:14 ABOUT KOMBUCHA WAS ON "SHARK TANK."
18:41:18 I KNOW YOU GUYS WILL BE A GREAT SUCCESS BECAUSE I SAW
18:41:19 IT ON SHARK TANK.
18:41:22 >>CLERK: MOTION CARRIED UNANIMOUSLY AND SECOND READING
18:41:27 AND ADOPTION JUNE 17 AT 9:30 A.M.
18:41:28 >>ORLANDO GUDES: MR. VIERA.
18:41:31 >>LUIS VIERA: I WANT TO ASK THE APPLICANT NOW THAT WE
18:41:31 ARE DONE.
18:41:35 WE LIKE TO HAVE INCLUSIVE --
18:41:38 >>MARTIN SHELBY: SORRY, MR. VIERA.
18:41:40 >>MARTIN SHELBY: REMEMBER NOT DONE WITH THIS HEARING.
18:41:42 WE HAVE A SECOND HEARING.
18:41:44 >>LUIS VIERA: OKAY.
18:41:48 I WAS -- I WILL JUST SAY TO THE APPLICANT, YOU LOOK A
18:41:49 LOT LIKE HARRY POTTER.
18:41:51 THAT'S ALL --
18:41:53 [LAUGHTER]
18:41:55 >> DO YOU ALLOW MUGGLES?
18:41:57 SORRY, I HAD TO DO IT.
18:41:58 I HAD TO DO IT.
18:42:00 I HAD TO DO IT.
18:42:01 >>JOHN DINGFELDER: I AM SURE HE NEVER HEARD THAT
18:42:02 BEFORE.
18:42:05 >> THE FIRST TIME, HE IS SHOCKED.
18:42:05 >> THANK YOU.
18:42:07 I TAKE THAT AS A COMPLIMENT.
18:42:11 >> HE SHOULD, HE IS A MOVIE STAR.
18:42:15 >>JOHN DINGFELDER: THANK YOU, GENTLEMEN.
18:42:17 >>ORLANDO GUDES: ITEM 3 AND 4 OUT OF THE WAY.
18:42:27 NOW TO ITEM NUMBER 1.
18:42:29 >>CATE WELLS: THANK YOU, MR. CHAIRMAN, THIS IS CATE
18:42:32 WELLS, CHIEF ASSISTANT CITY ATTORNEY.
18:42:37 IF I MAY MAKE A BRIEF PRESENTATION WITH ITEM NUMBER 1.
18:42:44 THIS EYE IS BEFORE YOU OF A FILE OF JOSEPH MURPHY, 6915
18:42:48 N. RIVER BOULEVARD SEEKING REVIEW OF THE ZONING
18:42:51 ADMINISTRATOR DECISION DENYING THE DESIGN RECEPTION
18:42:57 THAT REQUESTED RELIEF FROM SECTION 27-211.2.1
18:42:58 SUBSECTIONS A.
18:43:02 THIS ITEM WAS CONTINUED FROM FEBRUARY 25 TO ALLOW MR.
18:43:06 COTTON AND MR. MURPHY ADDITIONAL TIME THAT THE CARPORT
18:43:11 AS INSTALLED CONSTITUTE AN ATTACHED STRUCTURE AND WILL
18:43:14 COMPLY WITH PRIMARY STRUCTURE SETBACKS INSTEAD OF THE
18:43:17 SETBACKS FOR AN ACCESSORY STRUCTURE.
18:43:21 EARLIER TODAY, COUNCIL WAS PROVIDED A COPY OF THE
18:43:24 HEARING PROCEDURES OF TODAY'S REVIEW AND SAMPLE MOTIONS
18:43:29 AND PROVIDED WITH A COPY OF THE REVIEW CRITERIA IN
18:43:32 27.60 SUBSECTIONS E-5.
18:43:37 FOR PURPOSES OF TONIGHT HEARING, CITY COUNCIL IS A DE
18:43:39 NOVO STANDARD OF REVIEW.
18:43:42 YOUR DECISION IS NOT LIMITED TO THE DECISION BY THE
18:43:43 ZONING ADMINISTRATOR.
18:43:46 INSTEAD TAKE PUBLIC TESTIMONY, ACCEPT NEW EVIDENCE AND
18:43:49 MAKING DECISION BASED ON THE APPLICATION MEETING THE
18:43:55 CRITERIA IN SECTION 27-60, SUBSECTIONS E-5.
18:43:59 ERIC COTTON WILL PROVIDE AN OVERVIEW OF THE RELIEF IN
18:44:02 THE APPLICATION, THE BASIS FOR THE CITY'S DECISION AND
18:44:06 A SUMMARY OF HIS ANALYSIS WHETHER THE CARPORT IS AN
18:44:08 EXTENSION OF THE PRIMARY STRUCTURE.
18:44:10 AFTER CONSIDERING ALL OF THE EVIDENCE INTRODUCE INTO
18:44:14 THE RECORD IN TONIGHT'S HEARING, CITY COUNCIL MAY
18:44:18 UPHOLD THE ZONING ADMINISTRATOR'S DECISION AND DENY THE
18:44:23 APPLICATION FOR DESIGN EXCEPTION OR COUNCIL MAY
18:44:26 OVERTURN THE ZONING ADMINISTRATOR'S DECISION AND
18:44:30 THEREBY APPROVE THE APPLICATION FOR DESIGN EXCEPTION.
18:44:33 FOR THAT I TURN THE PRESENTATION OVER TO MR. COTTON AND
18:44:36 I REMAIN AVAILABLE TO ANSWER ANY QUESTIONS.
18:44:38 >>ORLANDO GUDES: MR. COTTON, YOU ARE RECOGNIZED.
18:44:41 >>ERIC COTTON: GOOD EVENING, COUNCIL.
18:44:45 I WILL DO A BRIEF REVIEW OF THE SLIDE SHOW PRESENTED IN
18:44:47 FEBRUARY JUST TO BRING EVERYBODY UP TO DATE BECAUSE IT
18:44:50 HAS BEEN A WHILE AND I WILL EXPLAIN MY DETERMINATION
18:44:56 REGARDING THE ACCESSORY VERSUS PRIMARY STRUCTURE
18:44:57 DETERMINATION THAT I MADE.
18:45:01 IF I MAY SHOW MY SCREEN -- THANK YOU.
18:45:05 YOU SEE THE PRESENTATION AT THIS POINT?
18:45:16 SO THIS IS A -- A PREVIEW FOR DE 1-20-66, THE
18:45:21 PETITIONER JOSEPH MURPHY OF 6915 N. RIVER BOULEVARD.
18:45:26 MR. MURRAY IS LOOKING TO REDUCE THE RIDE SETBACKS FOR A
18:45:28 ACCESSORY STRUCTURE.
18:45:32 ZONING IS IN SIM NOEL HEIGHTS.
18:45:34 THE APPLICANT'S REQUEST WAS TO REDUCE THE FRONT YARD
18:45:38 FROM 60 FEET DOWN TO 24.7 FEET IN THE FRONT.
18:45:42 BUILDING SEPARATION FROM FIVE FEET TO ONE FOOT ON THE
18:45:46 -- EXCUSE ME, FROM FIVE FEET TO ONE FOOT AND BUILDING
18:45:54 SEPARATION FROM EAVE-TO-EAVE SEPARATION.
18:45:58 AND THE PROPERTY AT THE END OF THE DEAD-END STREET.
18:45:59 SLIGH AVENUE AND RIVER BOULEVARD.
18:46:02 THE STREET DEAD-ENDS BETWEEN THE TWO PROPERTY OWNERS
18:46:04 THAT ARE WITH YOU TONIGHT.
18:46:07 THIS IS A -- THE SITE PLAN WITH THE APPLICANT AND THE
18:46:09 PETITIONER, EXCUSE ME.
18:46:12 THIS IS SHOWING THE ACCESSORY STRUCTURE, WHERE IT IS
18:46:17 LOCATED, AND THIS IS JUST A PICTURE FROM THE STREET.
18:46:19 THIS HAS NOW BEEN REMOVED.
18:46:23 I BELIEVE GRASS HAS BEEN RESTORED TO WHERE THE MULCH IS
18:46:24 IN ON THE PROPERTY.
18:46:28 A PICTURE OF THE PROPERTY BEING USED AS A PATIO FOR
18:46:31 OUTDOOR ENTERTAINMENT AND SUCH.
18:46:34 AND THAT CONCLUDES A SLIDE SHOW.
18:46:37 AT THE LAST HEARING A QUESTION BROUGHT UP WHETHER THIS
18:46:39 IS AN ACCESSORY STRUCTURE OR PART OF THE PRIMARY
18:46:40 STRUCTURE.
18:46:45 I SPOKE WITH MR. MURPHY ABOUT THIS YESTERDAY AND DID A
18:46:49 ZONING INTERPRETATION ROUGHLY ABOUT A MONTH AGO.
18:46:56 MR. MURPHY HAD -- ATTACHED TO THE STRUCTURE AGAINST THE
18:46:58 WALL WITH HURRICANE BOLTS OR HURRICANE TIES TO TRY TO
18:47:00 CREATE ONE STRUCTURE.
18:47:04 HISTORICALLY, ACCESSORY STRUCTURES ARE ACCESSORY
18:47:08 STRUCTURES, PRIMARY STRUCTURES ARE PRIMARY STRUCTURES,
18:47:12 THE ATTACHMENT THAT PROPOSED DID NOT MAKE IT PART OF
18:47:13 THE PRIMARY STRUCTURE.
18:47:17 PRIMARILY DUE TO THE FACT THAT IT NEEDS TO SHARE A
18:47:17 ROOF.
18:47:22 IT NEEDS TO SHARE SOMETHING BEYOND JUST TWO -- TWO
18:47:24 BOLTS NEXT ONE ANOTHER.
18:47:28 AND SO THE INTERPRETATION IS THAT IT IS STILL AN
18:47:29 ACCESSORY STRUCTURE.
18:47:32 THE CONNECTION OF JUST A -- JUST A BOLT OR SECTION DOES
18:47:34 NOT MAKE IT PART OF THE PRIMARY STRUCTURE.
18:47:37 MR. MURPHY UNDERSTANDS THAT HE IS MOVING FORWARD
18:47:40 TONIGHT TO REQUEST WHAT WAS ORIGINAL LOW REQUESTED
18:47:44 THROUGH THE DESIGN EXCEPTION WHICH IS PRIMARILY DENY A
18:47:46 VERY LARGE INCREASE FOR A PROCESS THAT IS SUPPOSED TO
18:47:51 BE A MINIMAL REQUEST AND IF YOU HAVE ANY QUESTIONS FOR
18:47:54 ME REGARDING THE DETERMINATION, I AM MORE THAN HAPPY TO
18:47:55 ANSWER THEM.
18:47:58 >>ORLANDO GUDES: ANY QUESTIONS, GENTLEMEN.
18:47:59 >>JOHN DINGFELDER: YES, SIR.
18:48:03 >>ORLANDO GUDES: YOU ARE RECOGNIZED, COUNCILMAN
18:48:04 DINGFELDER.
18:48:06 >>JOHN DINGFELDER: ERIC, DURING THE INTERIM LOOKING AT
18:48:09 WHAT, THE ATTACHMENT OR THE DISTANCE?
18:48:11 >>ERIC COTTON: SORRY, YES, SIR.
18:48:13 IT WASN'T SPECIFICALLY FOR THIS PROPERTY.
18:48:17 IT WAS FOR ACCESSORY DWELLING UNITS -- ACCESSORY
18:48:20 STRUCTURES AND PRINCIPAL STRUCTURES THROUGHOUT THE CITY
18:48:23 AND THE DETERMINATION THAT WOULD BE MADE.
18:48:26 THE CONCERN WOULD BE IF WE CALLED -- IF WE USED ANY
18:48:32 KIND OF ATTACHMENT AS MAKING IT A PRIMARY STRUCTURE,
18:48:36 THEN EVERY STRUCTURE -- EVERY DETACHED STRUCTURE
18:48:38 ATTACHED WITH A BREEZEWAY IS PART OF A PRIMARY
18:48:39 STRUCTURE.
18:48:41 THAT IS HOW I WAS APPROACHING THE REQUEST.
18:48:45 SO IN THIS CASE SPECIFIC LIE, WHAT THE APPLICANT HAD
18:48:49 DONE WAS CONNECT HIM WITH SOME KIND OF MECHANISM TO BE
18:48:51 ATTACHED TO THE SIDE OF THE HOUSE.
18:48:54 AS I SAID IN THE FIRST HEARING, YOU NEED TO HAVE
18:48:56 SOMETHING MORE SUBSTANTIAL.
18:48:58 NORMALLY THE SAME ROOF LINE OR THE ROOFS WOULD BE
18:49:00 ATTACHED.
18:49:04 THAT WOULD MAKE IT A -- CHANGE THE REQUEST TO MAKE IT
18:49:06 PART OF THE PRIMARY STRUCTURE.
18:49:09 >>JOHN DINGFELDER: SO AT THIS POINT IN TIME YOU
18:49:12 HAVEN'T CHANGED THE OPINION THAT THIS IS A DETACHED
18:49:13 STRUCTURE?
18:49:14 >>ERIC COTTON: CORRECT.
18:49:19 I SPOKE WITH MR. MURPHY REGARDING THE REQUEST AND I
18:49:23 RECOMMEND THAT HE MOVE FORWARD WITH JUST ASKING THE
18:49:25 REDEMPTION FROM CITY COUNCIL WITH THE PETITION FOR
18:49:28 REVIEW FOR THE SETBACKS.
18:49:33 >>JOHN DINGFELDER: THANK YOU, MR. CHAIR.
18:49:35 >>ORLANDO GUDES: WHAT ELSE?
18:49:38 I GUESS WE WILL HEAR, MR. COTTON, FROM THE APPLICANT.
18:49:42 YOU ARE SOUTHERN IN MR. BRICKLEMYER.
18:49:45 >> CAN YOU HEAR ME?
18:49:47 >>ORLANDO GUDES: SWEAR IN.
18:49:50 >>CLERK: DO YOU SWEAR OR AFFIRM THAT YOU WILL TELL THE
18:49:52 TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
18:49:53 >> YES.
18:49:58 PLANNED MURPHY IS IN ATTENDANCE AT CITY COUNCIL.
18:50:00 HE WILL SPEAK AFTER MY LITTLE PIECE.
18:50:02 >>ORLANDO GUDES: HE IS ON THE SECOND FLOOR?
18:50:04 >> YES.
18:50:08 >>ORLANDO GUDES: RAISE YOUR HAND, SIR.
18:50:10 >> I HAVE BEEN SWORN IN.
18:50:13 JOE MURPHY.
18:50:14 >>JOHN DINGFELDER: DOES HE WANT TO START WITH HIS
18:50:16 ATTORNEY.
18:50:20 >> START WITH MR. BRICKLEMYER OR GO TO MR. MURPHY.
18:50:24 >> I WILL GO FIRST.
18:50:26 >>ORLANDO GUDES: OKAY, MR. BRICKLEMYER.
18:50:35 >> IF I COULD SHARE MY SCREEN.
18:50:41 I AM THINKING I AM PICKING THE RIGHT ONE.
18:50:56 I WILL SEE IF WE HAVE TO CHANGE IT.
18:50:58 >> WE WILL SEE THE RESIDENCE.
18:51:00 >>JOHN DINGFELDER: I SEE IT.
18:51:02 >> NO, THAT IS NOT -- THAT IS NOT THE SCREEN I WANT TO
18:51:05 USE.
18:51:07 I PICKED TWO.
18:51:08 I SHOULD PICKED THREE, I THINK.
18:51:14 LET'S TRY THAT ONE.
18:51:15 THAT LOOKS BETTER.
18:51:16 ALL RIGHT.
18:51:19 A BRIEF BACKGROUND BECAUSE THIS IS A LITTLE CONVOLUTED
18:51:22 AND COUNCIL HAS GONE THROUGH THIS A NUMBER OF TIMES AND
18:51:26 NOT GOT TO HEAR THIS.
18:51:30 THIS CASE IN OCTOBER 2019 AND APPLICATION OF VARIANCE
18:51:36 AND THE VARIANCE WAS VRB 000001.
18:51:39 AFTER MULTIPLE CONTINUANCES AS I UNDERSTAND IT FROM MY
18:51:42 CLIENT DUE TO LACK OF QUORUM FOR A VOTE.
18:51:47 CITY STAFF MOVED IT TO THE DESIGN EXCEPTION PROCESS AND
18:51:50 THE ORIGINAL REQUEST WAS SEGMENTED INTO TWO DE 1
18:51:52 REQUESTS.
18:52:00 DE 1-20-66 REGARDING THE ACCESSORY ISSUE STRUCTURE AND
18:52:06 DE 1-20-148, THE NEXT ITEM ON AGENDA INTO THE 25-FOOT
18:52:08 WETLAND SETBACK.
18:52:10 TONIGHT WE HAVE THREE ISSUES TO ADDRESS.
18:52:14 DEBATE OF CITY PROCEDURES FOR MR. GONZALEZ AND HIS
18:52:16 ATTORNEY WITH REGARDS TO THE MOVE FROM THE VRB PROCESS
18:52:21 TO THE DESIGN EXCEPTION PROCESS AND I DEFER TO THE CITY
18:52:23 LEGAL COUNSEL TO ADDRESS THAT ISSUE.
18:52:30 SECOND, AN ENCROACHMENT REDUCTION FOR DE 1-20-148 FROM
18:52:35 25-FOOT IN THE NEXT ITEM, THE CONCRETE SLABS.
18:52:38 THIRD, WITH HE AN ACCESSORY STRUCTURE DESIGN EXCEPTION
18:52:43 ISSUE 20-66 RELATED TO THE ACCESSORY STRUCTURE DEALING
18:52:47 WITH MORE OR LESS THE SAME SETBACK ISSUES BECAUSE THAT
18:52:49 IS PART OF THE DETERMINATION NOT TO MENTION ERIC
18:52:53 DISCUSSED -- MR. COTTON DISCUSSED OF THE ATTACHED OR
18:52:55 NOT ATTACHED STRUCTURE ETC., ETC.
18:52:59 I AM NOT GOING TO ADDRESS THAT ACCESSORY STRUCTURE
18:53:02 ISSUE BECAUSE I AM NOT FAMILIAR WITH IT AND THAT IS NOT
18:53:03 WHAT I CAME TONIGHT FOR.
18:53:08 SO MY CLIENT HAD SOME CONVERSATIONS WITH MR. COTTON AND
18:53:11 OTHER CITY STAFF IN THE LAST DAY AND A HALF AS HAVE
18:53:15 BEEN RELAYED TO ME SOMETHING TO DO WITH THE HARDSHIP
18:53:15 PROCESS.
18:53:19 AS YOU MAY NOTE FROM THE SLIDE I HAVE THAT GOT, THE
18:53:26 BUILDING, THE 19 -- THE 1904681 PERMITTING PROCESS IS
18:53:27 BEING REOPENED.
18:53:32 AS REMEMBER RICK -- MR. COTTON RELAYED, THE CITY CODE
18:53:34 ENFORCEMENT AND ZONING STAFF HAVE BEEN IN DISCUSSION
18:53:38 ABOUT THE ACCESSORY STRUCTURE, ATTACHED, NOT ATTACHED.
18:53:42 ARE PRIMARY SETBACKS.
18:53:46 HOWEVER, MY CLIENT RELAYED TO ME -- AND I WILL LET HIM
18:53:49 DISCUSS -- SOME DISCUSSION IN THE LAST DAY OR DAY AND A
18:53:54 HALF WHICH IS WHY I DID NOT ASK FOR CONTINUANCE THAT
18:53:55 THERE WAS SOME DENIAL.
18:53:58 A DENIAL THAT HE WAS TOLD BY STAFF -- I AM NOT SPEAKING
18:53:58 TO IT.
18:54:01 HE WAS TOLD BY STAFF THAT THE HARDSHIP WAS NOT A
18:54:04 CRITERIA FOR DESIGN EXCEPTION.
18:54:08 SO ADDITIONAL DISCUSSIONS AS MR. COTTON OF WHETHER IT
18:54:12 WAS ATTACHED OR NOT BUT I WANTED TO GIVE MY CLIENT THE
18:54:15 OPPORTUNITY TO RELAY CONVERSATIONS AND POTENTIALLY GO
18:54:21 BACK AND LOOK AT NOT NECESSARILY THE ATTACHMENT SETBACK
18:54:26 PIECE BUT THE DESIGN BASED ON HARDSHIP CRITERIA.
18:54:30 MR. MURPHY IF YOU WANT TO CHIME IN ON THAT PIECE.
18:54:33 >> OKAY.
18:54:39 AIM SUPPOSED TO SEE MYSELF IN ONE OF THE WINDOWS?
18:54:44 >>ORLANDO GUDES: THEY WILL PULL YOU UP.
18:54:46 >> OKAY.
18:54:47 THERE YOU GO, SIR.
18:54:55 >> YEAH, WHENEVER WE WERE REVIEWING THE DE 1-20-66 AND
18:55:00 THE LETTER ITSELF, THE DENIAL, IT DID MENTION THAT IT
18:55:02 WAS BASICALLY DENIED BECAUSE OF HARDSHIP.
18:55:07 AND HARDSHIP IS OBVIOUSLY NOT ONE OF THE CRITERIA FOR
18:55:11 DETERMINING WHETHER IT WILL BE ACCEPTED OR APPROVED OR
18:55:12 NOT.
18:55:15 SECONDLY, WE DID HAVE -- I DID HAVE A DISCUSSION WITH
18:55:19 MR. COTTON A COUPLE OF DAYS AGO AND WE ALSO DISCUSSED
18:55:22 THAT WE COULD BASICALLY CHANGE THE DESIGN SO THAT IT
18:55:28 WOULD BE POTENTIALLY APPROVED BY CONSTRUCTION SERVICES;
18:55:31 HOWEVER, ZONING -- HE SAID ZONING IS NOT CONSTRUCTION
18:55:34 SERVICES OR BUILDING, AND THEY WOULD HAVE TO GET
18:55:37 TOGETHER AND LOOK AT THE NEW PLANS AND THEN MAKE A
18:55:38 DECISION.
18:55:43 I UNDERSTAND THAT NEXT WEEK, JUNE 6, THE OFFICES ARE
18:55:46 GOING TO BE OPEN TO THE PUBLIC AGAIN, AND, THEREFORE, I
18:55:52 AM LOOKING AT GETTING A CONTINUANCE SO THAT MR. COTTON,
18:55:54 THE BUILDING DEPARTMENT AND THE ENGINEERS AND MY NEW
18:55:58 PLAN OR DESIGN CAN ACTUALLY BE LOOKED AT AND APPROVED.
18:56:03 SECONDLY, THE ATTACHMENT THAT HAS BEEN BOUNCED AROUND
18:56:09 IS NOT A HURRICANE ATTACHMENT, IT IS ACTUALLY A DESIGN
18:56:14 THAT IS FROM AN ENGINEER.
18:56:19 IT WAS STRUCTURAL IN NATURE AND SCREWS WHICH ARE TAP
18:56:23 CONS THAT ARE STRUCTURAL IN NATURE OF THE SIZE AND
18:56:31 DEPTH AND USING A 3X4-INCH RECTANGULAR STEEL TUBING
18:56:35 THAT IS STRUCTURAL IN NATURE AND THE WINGS ARE THE
18:56:37 ATTACHMENTS THAT THE SCREWS AND EVERYTHING THAT GOES
18:56:41 THROUGH ATTACHES IS ALSO STRUCTURAL IN NATURE.
18:56:43 THESE ARE THINGS THAT WE NEED TO DISCUSS FURTHER WITH
18:56:46 MR. COTTON OVER THERE, BUT ALSO WITH A NEW DETAIN THAT
18:56:51 WOULD BE APPROVED AS A -- MAKING THE STRUCTURE A -- AN
18:56:53 ATTACHED STRUCTURE.
18:56:59 SO, AGAIN, I AM ASKING THAT WE -- FOR A CONTINUANCE
18:57:03 UNTIL AT LEAST 60 DAYS TO GET IN AND MEET WITH MR.
18:57:10 COTTON AND THE ENGINEERS AT THE CITY IN PERSON.
18:57:12 >>ORLANDO GUDES: ANYBODY HAVE QUESTIONS ON THAT?
18:57:14 >>JOHN DINGFELDER: I JUST HAVE A QUESTION FOR LEGAL.
18:57:16 >>ORLANDO GUDES: YOU ARE RECOGNIZED, MR. DINGFELDER.
18:57:21 >>JOHN DINGFELDER: MISS JOHNSON-VELEZ.
18:57:24 PUT THAT BACK UP WHOEVER HAD THAT BACK UP.
18:57:28 THE YELLOW HIGHLIGHTED -- HERE IS THE LETTER YOU
18:57:33 RECEIVED JULY 7, 2020 FROM THE CITY DENYING THE -- THE
18:57:39 ADMINISTRATIVE REQUEST.
18:57:43 YEAH, AND IT DOES USE THE WORD "HARDSHIP" WHICH I WOULD
18:57:47 AGREE -- AND I GUESS I WILL ASK YOU, SUSAN, THAT IS NOT
18:57:51 THE APPROPRIATE WORDING FOR -- FOR THIS APPLICATION,
18:57:55 BECAUSE IT IS NOT THE VRB.
18:57:57 IT'S DESIGN EXCEPTION.
18:58:02 ARE WE -- ARE WE PROCEDURALLY TO BE IN GOOD SHAPE
18:58:05 TALKING ABOUT THIS WITH THE LETTER ADDRESSING THAT
18:58:05 WORD?
18:58:09 OR IS THAT A WORD THAT WE CAN JUST IGNORE AND MOVE
18:58:11 FORWARD, WHETHER OR NOT WE MOVE FORWARD TODAY OR 60
18:58:15 DAYS FROM NOW?
18:58:18 >>CATE WELLS: CATE WELLS, CHIEF ASSISTANT ATTORNEY.
18:58:20 I WILL BE RESPONDING TO THIS QUESTION.
18:58:24 SINCE THIS ITEM IS BEFORE CITY COUNCIL AS A DE NOVO
18:58:32 REVIEW, YOU ARE STANDING BASICALLY IN THE POSITION OF
18:58:37 THE ZONING ADMINISTRATOR AND CAN APPLY THE CRITERIA IN
18:58:40 20-60 E 5.
18:58:41 YOU ARE CORRECT.
18:58:44 NO DISCUSSION IN THIS SECTION WITH REGARD TO A
18:58:49 HARDSHIP, SO NOT WITHSTANDING THE LETTER ISSUED BY
18:58:51 STAFF BECAUSE YOU ARE NOT LIMITED TO THE RECORD CREATED
18:58:55 BY STAFF, STAFF'S DECISION IS NOT BINDING UPON YOU.
18:58:58 CITY COUNCIL WOULD REVIEW THIS AS IF YOU ARE SEEING IT
18:59:00 FOR THE FIRST TIME.
18:59:03 AND IF I MAY, I WANTED TO TAKE A MOMENT JUST TO CLARIFY
18:59:04 THE RECORD.
18:59:08 MR. BRICKLEMYER MENTIONED THAT THIS ITEM STARTED OUT AS
18:59:12 A VARIANCE APPLICATION BEFORE THE VARIANCE REVIEW
18:59:15 BOARD, AND THAT IS CORRECT, BUT IT WAS NOT CONTINUED A
18:59:18 NUMBER OF TIMES FOR A LACK OF A QUORUM.
18:59:23 IT WAS CONTINUED QUITE A FEW TIMES BECAUSE THE VOTE WAS
18:59:25 CONSISTENTLY 3-1.
18:59:27 AND THE CODE AT THE TIME IN ORDER TO GET A VARIANCE
18:59:32 APPROVED BY THE VRB REQUIRED A VOTE OF FOUR MEMBERS
18:59:33 PRESENT.
18:59:39 SO A QUORUM WAS PRESENT EACH TIME, JUST WASN'T A
18:59:42 PREVAILING VOTE FOR EITHER AN APPROVAL AND THE DENIAL.
18:59:45 WITH THE NUMBER OF TIMES THIS HAS H BEEN CONSIDERED BY
18:59:49 THE VRB WITH THE SAME OUTCOME, I DID SPEAK WITH MR.
18:59:53 MURPHY THAT HE HAD THE OPPORTUNITY, IF HE SO DESIRED,
18:59:57 TO CONVERT THE APPLICATION TO A DESIGN EXCEPTION.
19:00:02 THAT IS CONSISTENT WITH THE LANG AND IN THE CODE FOR
19:00:05 THE SEMINOLE HEIGHTS OVERLAY DISTRICT.
19:00:09 AND IT WAS MR. MURPHY'S CHOICE TO CONVERT IT.
19:00:14 SO IT WASN'T IMPRESSED UPON HIM OR SUGGESTED THAT IT
19:00:16 WAS TOO HIS BENEFIT.
19:00:18 IT WAS JUST IF HE WANTED CONCLUSION TO THE ISSUE RATHER
19:00:24 THAN THE ONGOING LACK OF A PREVAILING VOTE BY THE VRB,
19:00:27 THAT WAS AN OPTION THAT WAS AVAILABLE TO HIM.
19:00:31 I WANTED TO CLARIFY THE RECORD TO THAT NOTE.
19:00:32 >>ORLANDO GUDES: THANK YOU.
19:00:33 ANY OTHER QUESTIONS?
19:00:37 >>JOHN DINGFELDER: SO, MR. MURPHY IS REQUESTING 60
19:00:39 DAYS.
19:00:44 I WOULD ASSUME THERE MIGHT BE OTHER PARTY PRESENT WHO
19:00:45 MIGHT OBJECT TO THE CONTINUANCE?
19:00:49 OR AGREE TO THE CONTINUANCE?
19:00:52 >>ORLANDO GUDES: DO WE HAVE ANYBODY ON THE SECOND
19:00:54 FLOOR REGARDING THIS?
19:00:56 ANYBODY REGARDING THIS?
19:01:00 >>CLERK: NO REGISTERED SPEAKERS FOR THIS ITEM.
19:01:03 >>MARTIN SHELBY: I AM SORRY, MARTIN SHELBY, NO
19:01:09 SPEAKERS AT ALL WHO WISH TO SPEAK ON THIS?
19:01:12 >>ORLANDO GUDES: MADAM CLERK, MR. SHELBY IS ASKING --
19:01:14 OKAY.
19:01:16 >>CLERK: I AM NOT AWARE IF THERE IS ANYBODY
19:01:19 DOWNSTAIRS.
19:01:22 >>CATE WELLS: EXCUSE ME, IF I, AGAIN FOR THE RECORD,
19:01:25 CATE WELLS, ASSISTANT CIT ATTORNEY.
19:01:28 I WAS CONTACTED BY DERRILL MCATEER, THE ATTORNEY FOR
19:01:31 MIKE GONZALEZ, A NEIGHBOR THAT FILED THE OTHER PETITION
19:01:39 FOR REVIEW AND IT IS MY UNDERSTANDING THAT MR. MCATEER
19:01:44 WAS GOING TO BE PARTICIPATING IN TONIGHT'S MEETING.
19:01:46 HE MAY BE ON THE SECOND FLOOR.
19:01:50 >> IF I MAY SPEAK, LISA -- DEVELOPMENT COORDINATION.
19:01:54 WE DO HAVE PEOPLE HERE TO SPEAK.
19:02:06 >>ORLANDO GUDES: OKAY.
19:02:08 MR. MURPHY --
19:02:11 >> YES, I AM STILL HERE.
19:02:13 >>ORLANDO GUDES: YOU ARE ASKING THIS BOARD FOR A
19:02:15 CONTINUANCE FOR 60 DAYS.
19:02:19 >> I AM ASKING FOR A CONTINUANCE, THAT'S CORRECT.
19:02:22 I DO WANT TO ADDRESS THE VRB ISSUE.
19:02:25 WE HAD A QUORUM AND ONE SEAT THEY WERE TRYING TO FILL
19:02:28 AND IT WAS STILL VACANT AND OBVIOUSLY TWO MEMBERS WHO
19:02:31 HAD TO RECUSE BECAUSE OF THE RELATIONSHIP WITH THE
19:02:36 VARIOUS PEOPLE OR ASSOCIATIONS WITH -- IN THE AREA,
19:02:38 WITH SOUTH -- WITH SEMINOLE HEIGHTS.
19:02:43 WHENEVER I SPOKE WITH MISS WELLS, YES, WE WANTED TO TRY
19:02:46 TO GET A -- A QUICKER DETERMINATION ON IT.
19:02:50 OTHERWISE WE COULD HAVE STAYED WITH THE VRB UNTIL THEY
19:02:56 HAD A NEW MEMBER APPOINTED OR THE ONE OBJECTING VOTE
19:03:00 WOULD ACTUALLY CHANGE THEIR VOTE FROM AN OBJECTION TO A
19:03:03 POSITIVE RESPONSE.
19:03:11 SO GIVEN THAT, AND THE WAY THE -- THE DE ENDED UP
19:03:14 FALLING OUT, IT WAS -- IT WAS KIND OF THE IMPRESSION
19:03:16 THAT WHEN IT CAME OVER TO THE DE, IT WAS GOING TO BE
19:03:20 FAVORABLE, WOULD POSSIBLY BE FAVORABLE.
19:03:23 AND THEN, OF COURSE, WE GOT TO THE DETERMINATION THAT,
19:03:28 NO, THERE IS THIS -- THE EASEMENT IS TOO MUCH.
19:03:31 AND, YOU KNOW, TO ME, YOU KNOW, I THINK THAT IS WHERE
19:03:33 THE DE COMES IN THAT THEY SHOULD -- THAT IS THE
19:03:36 DECISION THEY SHOULD BE ABLE TO MAKE WITHOUT THEM
19:03:39 SAYING IT IS TOO CONFINING FOR WHATEVER.
19:03:42 BUT REGARDLESS, THAT IS THE REASON WHY I WENT FROM THE
19:03:45 VRB TO THE DE PROCESS.
19:03:47 >>ORLANDO GUDES: OKAY, SIR, THANK YOU.
19:03:51 SO DO WE HAVE ANYBODY ON THE SECOND FLOOR TO SPEAK ON
19:03:57 THE CONTINUANCE OF THIS ITEM?
19:04:03 ONLY SPEAKING ON THE POSSIBLE CONTINUANCE OF THIS ITEM
19:04:13 ONLY.
19:04:16 >>ERIC COTTON: MR. CHAIR WHILE WE ARE WAITING FOR THAT
19:04:22 AND MR. GONZALEZ AND MR. MCATEER TO GO ON.
19:04:25 THE CENTER WILL NOT BE OPEN JUNE 6.
19:04:31 THE PLAN IS TO HAVE US OPEN BY PUBLIC BY APPOINTMENT
19:04:35 ONLY AFTER JULY THE INDEPENDENT DAY HOLIDAY.
19:04:37 >> WHILE THE OTHER SPEAKERS ARE COMING UP.
19:04:39 DID WE GET THE QUESTION ANSWERED.
19:04:43 AGAIN I AM NOT -- I AM JUST UNCLEAR WHETHER THAT LETTER
19:04:46 -- THE QUESTION WAS ASKED BY ONE OF THE COUNCILMEMBERS
19:04:49 WHETHER THE LETTER WITH THE HARDSHIP REASONING FOR THE
19:04:54 DENIAL, WAS THAT A CHALLENGE OR NOT?
19:04:59 I AM NOT SURE I UNDERSTAND THE ANSWER ON MR. MURPHY'S
19:04:59 BEHALF.
19:05:03 >>CATE WELLS: CATE WELLS, CHIEF ASSISTANT CITY
19:05:07 ATTORNEY SAYS MY RESPONSE TO THAT, SINCE CITY COUNCIL
19:05:12 WILL REVIEW IT IS A DE NOVO HEARING AND WILL APPLY THE
19:05:17 SAME CRITERIA THAT STAFF IS ABLE TO, AND THAT LETTER
19:05:20 WOULD NOT PRECLUDE COUNCIL FROM MOVING FORWARD TODAY.
19:05:23 THEY UNDERSTAND WHAT STAFF'S REASONING WAS.
19:05:26 COUNCIL HAS BEEN PROVIDED A COPY OF THE REVIEW CRITERIA
19:05:29 AND BASED ON THE RECORD OF TODAY'S HEARING CITY COUNCIL
19:05:33 WILL MAKE AN INDEPENDENT DECISION ON WHETHER OR NOT THE
19:05:34 APPLICATION SHOULD BE APPROVED.
19:05:35 >> VERY WELL.
19:05:38 THANK YOU.
19:05:39 >>ORLANDO GUDES: STILL ITEM NUMBER 1.
19:05:43 ANYONE HERE TO SPEAK ON ITEM NUMBER 1, IN REFERENCE TO
19:05:46 THE CONTINUANCE FROM THE THAT THE APPLICANT IS ASKING
19:05:48 FOR?
19:05:56 >> MR. CHAIRMAN, DERRILL MCATEER, 100 ASHLEY BOULEVARD.
19:05:58 THE QUESTION IS WE DO OBJECT TO THE CONTINUANCE.
19:06:01 I WANT TO MAKE SURE I AM COMMUNICATING TO YOU
19:06:02 APPROPRIATELY.
19:06:06 >>ORLANDO GUDES: THAT WOULD BE CORRECT.
19:06:08 >> WE OBJECT TO THIS CONTINUANCE BECAUSE THIS ITEM
19:06:11 SPENT A COUPLE OF HOURS -- HOUR OR SO IN FRONT OF THE
19:06:14 COUNCIL ON ALL THESE IMMEDIATE ISSUES BACK IN FEBRUARY
19:06:17 ON THE 25TH -- THE 25TH OF FEBRUARY.
19:06:20 THIS ISSUE WAS NOT RAISED BY MR. MURPHY OR ANYBODY
19:06:21 ELSE.
19:06:26 IT'S -- THE MATTER OF HARDSHIP IS NOT THE POINT.
19:06:27 THE LETTER GOES ON.
19:06:31 YES, THE WORD "HARDSHIP" IS IN THE LETTER, BUT THEY
19:06:34 ALSO -- THAT IS NOT THE ONLY POINT THAT THE DECISION
19:06:36 WAS ADJUDICATED UPON.
19:06:39 STAFF MADE THIS DECISION BASED ON THE FACT THE
19:06:43 ENCROACHMENT WAS EXCESSIVE.
19:06:47 AND -- AND IF YOU LOOK AT THEIR MATERIALS, YOU KNOW,
19:06:50 FROM THE ORIGINAL DECISION, YOU KNOW, THIS IS NOT --
19:06:55 THEY SAY THIS IS NOT A MINOR ENCROACHMENT IN THE
19:06:58 ORIGINAL STAFF MEMBER FROM THE 25TH.
19:07:00 IN OTHER WORDS, THE DETERMINATION WAS MADE ON THE
19:07:07 FACTORS IN SECTION 27-60.
19:07:12 NOT JUST WAS IT A HARDSHIP OR WASN'T A HARDSHIP.
19:07:18 26-60 WAS CITED IN THE LETTER -- JUST AS WE ARE CLEAR,
19:07:22 A REVISED LETTER AUGUST 5, 2020.
19:07:25 THERE WAS A REVISED LETTER ISSUED ON AUGUST 5.
19:07:27 WANT TO USE THE RIGHT LETTER AND JAMMED WITH ANOTHER
19:07:31 CONTINUANCE AFTER BEING THREE MONTHS.
19:07:33 THEN AT LEAST LET'S USE THE CORRECT LETTER.
19:07:37 I THINK THE CORRECT LETTER IS AUGUST 5.
19:07:42 BUT THEY REVIEWED THE APPLICATION UNDER THE 20-66
19:07:46 ALTERNATIVE GUIDELINES AND THAT MR. MURPHY REQUESTED.
19:07:48 HE REQUESTED TO BE IN THIS SITUATION.
19:07:52 THE FACT THAT THE WORD "HARDSHIP" WAS USE SHOULD NOT
19:07:55 EXCUSE HIM WHEN COULD NOT BRING ANY EVIDENCE OF NAILING
19:08:00 A CARPORT ON A HOUSE AND SOMEHOW MAKING IT A PRIMARY
19:08:02 STRUCTURE THAT STAFF HAS STATED IT IS NOT.
19:08:08 HE IS LOOKING FOR EJECTION SEAT TO TRY TO GET OUT OF
19:08:10 THIS AND TRYING -- YOU ARE GOING TO SET A TERRIBLE
19:08:12 PRECEDENT BY CONTINUING THIS AND CONTINUING THIS.
19:08:15 PEOPLE WILL LOOK -- I CAN NAIL A CARPORT.
19:08:19 A HOME DEPOT CARPORT HOUSE AND JUST DRAG THE CITY ALONG
19:08:22 WITH ME AND I DON'T EVER HAVE TO GET THE PROPER
19:08:23 PERMITS.
19:08:26 I HAVE CORRESPONDENCE FROM THE CITY CONSTRUCTION
19:08:28 SERVICES DEPARTMENT SAYING THAT A PERMIT WAS NEVER
19:08:31 ISSUED IN THIS CASE.
19:08:32 >>JOHN DINGFELDER: POINT OF ORDER.
19:08:35 >> I KNOW WE ARE TALKING ABOUT THE CONTINUANCE.
19:08:37 >>ORLANDO GUDES: POINT OF ORDER, MR. DINGFELDER.
19:08:42 >>JOHN DINGFELDER: MR. MCATEER, WE ARE GETTING IN THE
19:08:46 SUBSTANCE -- FIRST WE NEED TO DECIDE OF A 660-DAY
19:08:46 CONTINUANCE.
19:08:49 IF YOU CAN LIMIT YOURSELF TO THAT MR. CHAIRMAN WILL BE
19:08:51 GREATLY APPRECIATIVE.
19:08:52 >> I WILL LIMIT MYSELF TO THAT.
19:08:57 I SAID THAT THE DECISION TO CONTINUE THIS CASE TO HEAR
19:09:02 THIS CASE, TO PUT THIS CASE IN THIS FORMAT WAS MR.
19:09:02 MURPHY.
19:09:04 HE ADVOCATED TO THE CONTINUANCE TO THIS DATE FROM
19:09:05 FEBRUARY.
19:09:06 WE ARE HERE NOW.
19:09:09 ALL OF THE FACTS -- THIS HAS BEEN RAKED OVER WITH A
19:09:10 FINE-TOOTH COMB.
19:09:15 THERE IS NOTHING LEFT TO DISCOVER OR TO DETERMINE ABOUT
19:09:18 WHAT IS GOING ON FOR THIS PIECE OF PROPERTY.
19:09:22 A CAR PORT NEXT TO A CREEK.
19:09:26 WE HAVE SETBACK ENCROACHMENT ISSUES AND LACK OF PERMIT.
19:09:27 THINGS OF THAT.
19:09:29 I AM NOT GETTING INTO THAT.
19:09:31 THERE ARE NO PROPER GROUNDS FOR A CONTINUANCE OTHER
19:09:32 THAN DELAY.
19:09:34 THAT IS MY POINT.
19:09:48 >>ORLANDO GUDES: THANK YOU, SIR.
19:09:53 ALL RIGHT, GENTLEMEN.
19:09:55 >> THEY GOT TO CLEAN THE MIC.
19:10:01 DO YOU HAVE TO CLEAN THE MIC?
19:10:04 >>JOHN DINGFELDER: I DON'T THINK HE GETS A REBUTTAL.
19:10:08 >> WE NEED TO GO THROUGH SANITATION PROCEDURES.
19:10:11 >>ORLANDO GUDES: WE DON'T NEED A REBUTTAL, I THINK WE
19:10:15 PRETTY MUCH NEED TO MOVE FORWARD, THAT'S CORRECT?
19:10:16 >>MARTIN SHELBY: THAT'S CORRECT.
19:10:20 I DON'T KNOW WHETHER IT IS APPROPRIATE TO INQUIRE, BUT
19:10:24 WHAT CONTINUANCE WILL THIS HAVE ON THE OTHER ITEM
19:10:27 RELATED AND WHETHER MISS WELLS WANT TO READ THIS AT
19:10:31 THIS HEARING AND TAKE IT AS THEY COME.
19:10:33 >>ORLANDO GUDES: THEY GO TOGETHER.
19:10:35 >>MARTIN SHELBY: THEY DO.
19:10:37 WHAT REQUEST DOES THIS HAVE ON THE OTHER ITEMS.
19:10:39 >>ORLANDO GUDES: MISS WELLS?
19:10:43 >>CATE WELLS: IT WOULD BE UP TO THE PETITIONER WITH
19:10:46 RESPECT TO ITEM NUMBER 2 ON WEATHER WHETHER OR NOT THEY
19:10:50 WANT TO CONTINUE OR IF THEY WANT TO MOVE FORWARD WITH
19:10:53 THE HEARING THIS EVENING.
19:10:57 WHEN THIS ITEM -- WHEN ITEM NUMBER 1 WAS CONTINUED ON
19:11:01 FEBRUARY 25, MR. GONZALEZ INITIALLY WANTED TO MOVE
19:11:05 FORWARD WITH HIS PETITION FOR REVIEW AND HALFWAY
19:11:08 THROUGH MY PRESENTATION REQUESTED A CONTINUANCE.
19:11:12 SO THAT IS -- THAT IS FOR MR. GONZALEZ AND HIS COUNCIL
19:11:15 TO DECIDE HOW THEY WOULD LIKE TO PROCEED.
19:11:19 >> I ALSO WOULD LIKE TO BRING UP THE FACT THAT THE ONLY
19:11:22 REASON WHY THESE CASES ARE RELATED IT THE FACT IT IS
19:11:26 JOE MURPHY AND THE SAME PROPERTY AT 6915 N. RIVER
19:11:27 BOULEVARD.
19:11:31 THERE ARE TWO INDEPENDENT DES.
19:11:34 SO, ONE, DOESN'T EFFECT THE OTHER.
19:11:37 AND THE THING IS THAT THE 66, BECAUSE OF THE DENIAL
19:11:39 BECAUSE OF HARDSHIP.
19:11:41 I THINK THAT IS ONE ISSUE.
19:11:44 AND SECONDLY THE CONVERSATION THAT WITH MR. COTTON THE
19:11:47 OTHER DAY SAYING WE COULD MEET AND DISCUSS IT FURTHER
19:11:51 AND COME UP WITH SOME TYPE OF ALTERNATIVE DESIGN THAT
19:11:55 WOULD INDEED MEET THE APPROVAL OF THE -- THE ZONING
19:11:58 DEPARTMENT AND THE BUILDING DEPARTMENT.
19:12:03 SO THAT IS WHY I AM LOOKING FOR THE CONTINUANCE SO WE
19:12:07 CAN MEET IN PERSON ON JUNE 7 OR THEREAFTER WHEN THE
19:12:11 OFFICE IS OPEN AGAIN WHAT THE ALTERNATIVE PLANS.
19:12:13 >>ORLANDO GUDES: MR. COTTON.
19:12:14 MR. COTTON.
19:12:18 >>ERIC COTTON: YES, SIR GUDES GOOD YOUR RECOLLECTION.
19:12:19 >>ERIC COTTON: WE DID HAVE A CONVERSATION ABOUT IT.
19:12:23 I AM NOT SURE WHAT MR. MURPHY HAS TO SUBMIT TO US FOR
19:12:26 REVIEW, BUT I KNOW I HAVEN'T SEEN IT.
19:12:29 I SPOKE WITH HIM YESTERDAY AND SPOKE WITH HIS ENGINEER
19:12:32 -- OR DESIGNER EARLIER IN THE WEEK.
19:12:35 I WANT TO REITERATE THAT THE BUILDING WILL NOT BE OPEN
19:12:41 UNTIL AFTER INDEPENDENT INDEPENDENCE DAY WHERE WE WILL
19:12:44 BE ACCEPTING INDIVIDUAL FROM THE PUBLIC IN PERSON VIA
19:12:46 APPOINTMENT ONLY.
19:12:49 >>ORLANDO GUDES: MR. COTTON, COULD THIS BE
19:12:54 ADMINISTRATIVELY RESOLVED?
19:12:57 >>ERIC COTTON: IF THERE IS A MEETING OF THE MINDS
19:13:04 REGARDING WHETHER OR NOT THAT STRUCTURE -- HOW HE IS
19:13:07 PROPOSING TO ATTACH THAT STRUCTURE, POSSIBLY.
19:13:09 I DON'T KNOW WHAT HE IS PROPOSING.
19:13:12 I HAVEN'T SEEN ANYTHING YET, AND MY INTERPRETATION THAT
19:13:24 MR. BRICKLEMYER AND MR. MURPHY AND MR. MCATEER HAVE
19:13:24 SEEN.
19:13:26 THAT IS STILL INTERPRETATION.
19:13:28 I DON'T KNOW WHAT WILL BE PROPOSED TO SHOW THAT IT IS
19:13:30 NO LONGER AN ACCESSORY STRUCTURE.
19:13:33 I DON'T KNOW.
19:13:38 GROWN IT WILL BE RESOLVED IN 60 DAYS OR NOT.
19:13:40 >>ORLANDO GUDES: WE ARE GOING TO BRING IT HOME.
19:13:41 WE NEED TO BRING IT HOME.
19:13:43 >>JOHN DINGFELDER: MR. CHAIRMAN.
19:13:46 I WILL BE GLAD TO TRY TO BRING THIS HOME.
19:13:50 WITH ALL DUE RESPECT TO MR. MURPHY, WE DID HAVE A LONG
19:13:53 CONTINUANCE A MONTH OR TWO AT LEAST BETWEEN THE LAST
19:13:55 TIME WE HEARD IT AND THIS TIME.
19:14:00 I HAVEN'T HEARD ANY COMPELLING REASON TO BELIEVE THAT
19:14:04 AS WE ALL MIGHT WANT TO -- BELABOR IT AS WE ALL MIGHT
19:14:07 WANT TO GO HOME THIS EVENING, BUT THAT IS NOT A GOOD
19:14:08 REASON.
19:14:14 I WILL MOVE TO DENY -- RESPECTFULLY DENY THE REQUEST
19:14:17 FOR 60 DAYS AND MOVE FORWARD WITH THIS.
19:14:20 ONE WAY OR THE OTHER IF HE IS NOT SATISFIED WITH THAT
19:14:24 AT THE END OF THE NIGHT, HE CAN ALWAYS SUBMIT SOMETHING
19:14:29 NEW, YOU KNOW, DOWN THE ROAD.HE HAS NEW PLANS OR
19:14:29 SOMETHING ELSE.
19:14:33 BUT FOR NOW, I THINK WE ARE -- WE ARE WHERE WE ARE.
19:14:36 AND WE SHOULD JUST MOVE FORWARD TO THE FAIRNESS OF
19:14:37 EVERYBODY INVOLVED.
19:14:38 >>CHARLIE MIRANDA: I SECOND THAT.
19:14:44 >>ORLANDO GUDES: MR. DINGFELDER MADE A MOTION TO DENY.
19:14:45 MR. MIRANDA SECONDED IT.
19:14:46 >>JOHN DINGFELDER: YES.
19:14:47 >>GUIDO MANISCALCO: YES.
19:14:48 >>JOSEPH CITRO: YES.
19:14:49 >>LUIS VIERA: YES.
19:14:50 >>CHARLIE MIRANDA: YES.
19:14:52 >>ORLANDO GUDES: YES.
19:14:53 >>BILL CARLSON: YES.
19:15:03 >>CLERK: MOTION CARRIED UNANIMOUSLY.
19:15:06 >>ORLANDO GUDES: WE HEARD TESTIMONY FROM THE APPLICANT
19:15:08 AND FROM THE PUBLIC.
19:15:13 MOVE TO CLOSE ITEM NUMBER 1.
19:15:15 >>MARTIN SHELBY: MR. CHAIRMAN, YOU TALKED WITH REGARD
19:15:16 TO THE CONTINUANCE.
19:15:19 I DON'T KNOW IF MR. BRICKLEMYER WANTS TO SAVE TIME FOR
19:15:25 REBUTTAL AND HE DID -- I BELIEVE MR. MCATEER DID NOT
19:15:27 HAVE A CHANCE TO TALK TO THE SUBSTANCE BEFORE CLOSING.
19:15:31 SO I WOULD RECOMMEND THAT YOU PROCEED WITH THE HEARING
19:15:34 TO MAKE SURE YOU HAVE THE FULL RECORD THAT YOU NEED
19:15:36 NECESSARY TO MAKE YOUR DECISION.
19:15:38 >>ORLANDO GUDES: ALL RIGHT, ON YOUR ADVICE, WE WILL
19:15:39 CONTINUE TO MOVE ON.
19:15:40 WE HEARD FROM THE APPLICANT.
19:15:46 WE WILL GO AHEAD AND HEAR FROM MR. MCATEER ON THE
19:15:49 SUBSTANCE OF ITEM NUMBER 1.
19:15:52 >> AM I STILL ALLOWED TO SHOW A COUPLE OF ITEMS IN MY
19:15:55 DEFENSE ON THIS?
19:15:57 >>ORLANDO GUDES: WE WILL COME BACK TO YOU IN THE
19:15:59 REBUTTAL.
19:16:00 >> YOU WILL COME TO ME.
19:16:02 SO I NEED TO STEP AWAY?
19:16:04 >>ORLANDO GUDES: YES, SIR.
19:16:21 >> OKAY.
19:16:27 >>ORLANDO GUDES: IS MR. MCATEER, STILL THERE.
19:16:28 >> I AM, MR. CHAIR.
19:16:28 THANK YOU.
19:16:32 I HAD TO WAIT FOR A MOMENT FOR THEM TO CLEAN THE
19:16:36 PODIUM, WHICH I APPRECIATE AND THEN I HAVE TO GET MY
19:16:40 NOTES BACK IN THE RIGHT ORDER BECAUSE I WAS IN
19:16:44 CONTINUANCE MODE AND GET BACK INTO MODE HERE.
19:16:48 DERRILL MCATEER, PHILLIPS DUNBAR LLP ASHLEY BOULEVARD,
19:16:53 SUITE 2,000 IN TAMPA REPRESENTING MICHAEL GONZALEZ WHO
19:16:55 IS THE APPELLANT IN THIS CASE.
19:16:58 AS I SAID IN THE FIRST HEARING BACK IN FEBRUARY ROAR
19:17:01 MOST OF MR. MURPHY'S ARGUMENTS IN THE RECORD AND
19:17:04 COMMENTS ARE INTENDED AS A DISTRACTION FROM THE CODE
19:17:07 FACTORS THAT YOU ARE SUPPOSED TO CONSIDER FOR DESIGN
19:17:07 EXCEPTION.
19:17:10 I KNOW YOU GUYS HEAR A LOT OF THESE, BUT I STILL NEED
19:17:12 TO GO THROUGH THEM ANYWAY.
19:17:19 MR. MURPHY MUST MEET ALL SIX FACTORS OF SECTION 27-60.
19:17:22 THIS STAFF IS REQUIRED TO CONSIDER.
19:17:28 EACH FACTOR IS FOLLOWED IN ITS PHRASING BY THE WORD
19:17:31 "AND" WHICH MEANS HE DOESN'T HAVE TO MEET ONE OR THE
19:17:34 OTHER BUT A-F, ALL OF THEM.
19:17:37 PER THE WARRANTY DEED WHICH IS OF RECORD IN THIS CASE,
19:17:39 MR. MURPHY PURCHASED THE PROPERTY IN 2010.
19:17:44 AFTER THE SETBACKS IN THIS CASE AND THE WETLAND
19:17:47 SETBACKS THAT WE WILL TALK ABOUT LATER WERE ALREADY IN
19:17:48 PLACE.
19:17:52 THE FOLLOWING FACTORS MUST BE MET FOR DESIGN EXCEPTION
19:17:54 UNDER CITY CODE.
19:17:57 THIS IS UNDER 27-60.
19:18:01 THAT THE EXCEPTION NEITHER INTERFERES WITH THE RIGHTS
19:18:05 OF OTHERS AS PROVIDED IN THIS CHAPTER NOR INJURIOUS TO
19:18:09 THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
19:18:12 AND -- I JUST PUT THAT IN SO YOU KNOW WE GOT SEVERAL
19:18:15 MORE OF THESE COMING AND THEY WILL ALL HAVE TO BE
19:18:16 SATISFIED.
19:18:19 SO I START OFF AND SAY EARLIER AND IN THE FIRST
19:18:24 HEARING, MISS WELLS CORRECTLY SAID THAT I SHOULD USE
19:18:30 LANGUAGE OTHER THAN HARDSHIP, THIS IS A SELF-IMPOSED
19:18:32 CONDITION.
19:18:36 MR. MURPHY PUT HIMSELF IN THIS SITUATION.
19:18:40 MR. MURPHY CONSTRUCTED THE CARPORT WITHOUT A BUILDING
19:18:41 PERMIT.
19:18:43 HE APPLIED FOR ONE AND HE DIDN'T GET ONE AND I WILL DO
19:18:50 MY BEST TO ACTIVATE WHAT I BELIEVE IS -- YES, SO THERE
19:18:52 WE GO.
19:18:59 I DON'T KNOW IF COUNCIL CAN SEE THAT.
19:19:03 I REQUESTED FROM BUILDING SERVICES FOR MIKE, AND I WILL
19:19:05 BUTCHER HIS LAST NAME.
19:19:07 MIKE OSIS.
19:19:12 HI, DERRILL, AFTER I REQUESTED A BUILDING HISTORY
19:19:16 SEARCH OF THIS PROPERTY BEFORE MR. MURPHY'S PURCHASE.
19:19:19 JUST TO CLARIFY AND CONFIRM A PERMIT HAS NEVER BEEN
19:19:26 ISSUED FOR BLD 190468681 WHICH IS THE ONLY PERMIT THEY
19:19:28 COULD FIND -- PERMIT APPLICATION THEY COULD FIND.
19:19:35 THE PLANS WERE DISAPPROVED BACK IN 9-19-2019.
19:19:39 AND CORRECTED WERE NEVER RESUBMITTED FOR REVIEW.
19:19:41 THIS PROJECT NEVER MADE IT OUT OF PLAN REVIEW.
19:19:44 AKA, THERE IS NO PERMIT FOR THIS STRUCTURE.
19:19:47 I WILL LEAVE THIS UP THERE FOR NOW.
19:19:49 AND ALSO I WOULD LIKE TO NOTE, WHICH WE HAVE ALREADY
19:19:54 DISCUSSED, MR. COTTON'S MEMO OF RECORD NOTING THAT THE
19:19:59 STRUCTURE IS NOT A STRUCTURE UNDER THE TAMPA CITY CODE.
19:20:10 YOU CAN'T ANT AND SLIPPED AROUND IF YOU IF YOU CREATE A
19:20:15 PRECEDENCE BUY AND ASSEMBLE WITH A WRENCH CAR PORTS
19:20:19 BRACKET, NAIL IT AND CALL IT PART OF THE PRINCIPAL
19:20:24 STRUCTURE AND ENGAGE IT YOU ARE REWRITING EVERY
19:20:26 BUILDING CODE IN THE STATE OF FLORIDA AND SET A
19:20:28 PRECEDENCE THAT WILL CAUSE CONSTRUCTION CHAOS
19:20:29 THROUGHOUT THE CITY.
19:20:31 A TERRIBLE PRECEDENT TO SET.
19:20:34 THE FACT THAT IT TOOK YEARS FOR THE VIOLATION TO BE
19:20:37 DISCOVERED SHOULD NOT BE A FACTOR IN HIS FAVOR.
19:20:41 HE HAD A CITATION AND HE WENT THROUGH THE VARIANCE
19:20:44 REVIEW BOARD AND PROCEDURAL THAT WENT INTO DESIGN
19:20:46 EXCEPTION THROUGH HIS REQUEST.
19:20:47 THAT IS WHY WE ARE HERE.
19:20:50 THE GENERAL WELFARE OF THE PUBLIC IS GENERALLY AT STAKE
19:20:50 HERE.
19:20:55 IF THIS STRUCTURE IS ALLOWED TO REMAIN --
19:20:55 >>ORLANDO GUDES: THANK YOU.
19:20:58 YOUR TIME IS EXPIRED.
19:20:59 >> I THOUGHT I HAD 15 MINUTES.
19:21:00 AM I CORRECT?
19:21:04 >> THIS IS A CONTINUED PUBLIC HEARING, AND IF HE HAS A
19:21:08 QUESTION, THOUGH -- LET ME JUST RAISE UP THIS FROM THE
19:21:10 RULES OF PROCEDURES REQUEST FOR ADDITIONAL TIME MAY
19:21:13 ONLY BE GRANTED IF THE PARTICIPANT MAKING THE REQUEST
19:21:15 ESTABLISHES TO THE SATISFACTION OF COUNCIL THAT
19:21:19 ADDITIONAL TIME IS NECESSARY TO AFFORD PROCEDURE DUE
19:21:20 PROCESS.
19:21:22 IF THAT IS THE CASE, COUNCILMEMBERS BY MAJORITY GRANT
19:21:26 TO DENY THE REQUEST AND DETERMINE THE ADDITIONAL TIME
19:21:27 NECESSARY.
19:21:31 IN ANY EVENT THAT A PARTICIPANT IN A PARTICIPANT IN A
19:21:37 QUASI JUDICIAL.
19:21:43 AND AS NECESSARY TO AFFORD PROCEDURAL DUE PROCESS.
19:21:45 >>LUIS VIERA: IF I MAY, MR. CHAIR.
19:21:48 I WILL GIVE THE GENTLEMAN SAT LEAST ANOTHER MINUTE TO
19:21:50 FINISH UP.
19:21:52 >> I WILL BE BRIEF.
19:21:53 >>LUIS VIERA: WAIT.
19:21:56 IF -- WITH YOUR CONSENT, SIR.
19:21:59 >> I WOULD -- JUST TO FOLLOW THE PROCEDURE --
19:22:03 >>ORLANDO GUDES: WAIT, MR. MCATEER.
19:22:05 OKAY, GO AND CONTINUE.
19:22:05 ONE MORE MINUTE.
19:22:08 SET THE TIMER UP, MADAM CLERK.
19:22:13 >> THE 2706 FACTORS WERE NOT MET.
19:22:17 THE COMPREHENSIVE PLAN AND CONTEXT TO THE NEIGHBORHOOD
19:22:20 AND COMMUNITY AND OF THE HIGHEST QUALITY THAT EMPHASIZE
19:22:23 THE SPECIAL IDENTITY OF THE NEIGHBORHOODS.
19:22:27 THE EXCEPTION IS NOT THE MINIMAL POSSIBLE UNDER
19:22:29 SPECIFIC CIRCUMSTANCES STANCES.
19:22:35 THE APPROVAL OF THE ACCESSORY STANDARDS WAS JUSTIFIED.
19:22:38 BASICALLY GIVEN THE BRIEF MOMENTS THAT I HAVE HERE, I
19:22:43 AM JUST GOING TO TE 27-60 A-F WERE NOT SATISFIED AT
19:22:43 ALL.
19:22:47 THIS IS A HOME DEPOT CARPORT THAT ANY OF CUSS GO OUT
19:22:49 AND BUY AND SNICK A YARD BUT NEEDS TO BE IN THE RIGHT
19:22:54 PLACE AND NOT IN THE SETBACKS AND AN EXTREME IMPACT ON
19:22:57 THE NEIGHBORHOOD AND EXTREME ENCROACHMENT.
19:22:58 THANK YOU.
19:23:06 >>ORLANDO GUDES: THANK YOU, SIR.
19:23:23 OKAY, MR. MURPHY.
19:23:24 >> OKAY.
19:23:25 THANK YOU, I AM BACK.
19:23:29 ONE THING THAT MR. MCATEER HAD INDICATED THAT THIS IS A
19:23:31 HOME DEPOT CARPORT.
19:23:37 WELL, HOME DEPOT DOES NOT SELL STRUCTURALLY DESIGNED
19:23:37 CARPORT.
19:23:41 THIS IS A CARPORT THAT HAS STRUCTURAL DESIGNS THAT MEET
19:23:44 MOST BUILDING -- IF NOT ALL BUILDING REQUIREMENTS
19:23:45 THROUGHOUT THE UNITED STATES.
19:23:49 IT IS CAROLINA CAR PORTS.
19:23:53 THE ONLY ISSUE HIRE IS THE ATTACHMENT SIDE OF IT.
19:23:57 NOW WITH REGARD TO THAT, THE DE IS ONE THAT YOU CAN
19:24:02 LOOK AT IT AND DETERMINE IF IT MEETS THE VARIOUS
19:24:05 CRITERIA OF DE 27-60.
19:24:14 AND, YES, THERE ARE SEVERAL PAINTS THAT HAVE TO BE
19:24:15 CLEAR.
19:24:19 THEY SAYS IT NOT A MINOR REQUEST, BUT -- IT MEETS -- IN
19:24:23 THE DOCTOR IN THE CRITERIA THAT IT IS NOT AFFECTING OR
19:24:30 HARMING ANYONE WITH REGARD TO THE STRUCTURE AND THE
19:24:33 PLACEMENT OF THE STRUCTURE.
19:24:36 AS A MATTER OF FACT BEFORE I GET HERE, IT TALKS OF
19:24:39 MEETING THE CRITERIA AND INTENT AND PURPOSE OF THE
19:24:43 CHAPTER.
19:24:46 IT WAS TO CREATE FAVORABLE ENVIRONMENT AND ENHANCE
19:24:48 PROPERTY AND CIVIC VALUES.
19:24:50 THAT IS EXACTLY WHAT THIS BUILDING DOES.
19:24:53 LET ME ZOOM OUT SO YOU CAN SEE THAT.
19:24:55 THAT IS WHAT THIS BUILDING DOES.
19:24:57 GIVES THE FAMILY, OUR FAMILY, MY FAMILY, MY
19:25:01 GRANDCHILDREN THE ABILITY TO ENJOY THE OUTDOORS IN A
19:25:05 COVERED ENVIRONMENT AND OVERSEE THE MANMADE WATER
19:25:10 FEATURE THAT IS ADJACENT TO THE PROPERTY ALSO THE
19:25:15 GREATER SEMINOLE HEIGHTS, THE SAME SCENARIO.
19:25:19 THE SITE SPATIAL RELATIONSHIP TO THE PRESENCE WITHIN
19:25:22 THE ESTABLISHMENT BLOCK AND SURROUNDING AREA WHICH IT
19:25:23 IS.
19:25:26 IT IS ACTUALLY SET BEHIND THE FRONT OF THE HOUSE.
19:25:32 AND DOES NOT PRESENT ANY TYPE OF ISSUE WITH REGARD TO
19:25:34 VISION.
19:25:37 AS A MATTER OF FACT, AS OF YESTERDAY, THIS IS THE
19:25:39 PICTURE OF THE FRONT.
19:25:42 THAT IS -- YOU GOT TO BE RIGHT IN FRONT OF THE HOUSE TO
19:25:44 SEE THAT.
19:25:48 AND I DO HAVE ANOTHER PICTURE BUT I DON'T -- HERE IT
19:25:48 IS.
19:25:52 AND THIS IS A PICTURE LOOKING FROM FLORIDA GONZALEZ'S
19:25:52 DRIVEWAY.
19:25:55 AS YOU CAN SEE, YOU CAN BARELY EVEN SEE THE STRUCTURE
19:25:59 ITSELF ON THIS SIDE OF THE YARD.
19:26:03 NOW WHEN IT COMES TO APPROVING -- I AM HOPING TO BE
19:26:05 TREATED FAIRLY AND JUST.
19:26:11 HERE IS ANOTHER STRUCTURE THAT IS ACTUALLY APPROVED AT
19:26:14 THE HARRIS GOLF COURSE.
19:26:19 SIMILAR STRUCTURE, STEEL REINFORCED ATTACHED TO
19:26:21 CONCRETE AND THE ONLY ROOF MATERIAL.
19:26:22 THIS HAS A CANVAS.
19:26:27 MINE HAS A STEEL REINFORCED ROOF.
19:26:33 AS YOU CAN SEE IN THAT STRUCTURE, IT IS AT ZERO FEET ON
19:26:33 THE EAVE.
19:26:41 AND ONLY, LIKE, 24 INCHES FROM THE BUILDING SO THE ONLY
19:26:44 THING I AM LOOKING AT THIS IS NOT GOING TO BE A
19:26:47 PRECEDENT BECAUSE THE PRECEDENT HAS ALREADY BEEN SET.
19:26:48 TALKED ABOUT A PERMIT.
19:26:52 I APPLIED FOR THE PERMIT, BUT THE PERMIT IS IN A
19:26:55 HOLDING PATTERN UNTIL WE CAN GET SOME DETERMINATION
19:26:57 WITH REGARD TO THIS.
19:26:58 I HAVE FILED EXTENSIONS.
19:27:02 THERE IS AN EXTENSION IN PLACE THAT GETS ME INTO JULY.
19:27:05 YOU KNOW, THE -- THERE IS A PERMIT.
19:27:09 MR. MCATEER MAKES IT SOUND LIKE IF HAS BEEN DENIED.
19:27:12 IT WAS NOT DENIED BASICALLY PUT ON HOLD IN THE PROCESS
19:27:14 UNTIL WE GET EVERYTHING CLEARED.
19:27:16 AS FAR AS BEING DENIED IN THE BEGINNING, THAT WAS NOT
19:27:18 THE CASE.
19:27:25 THE REVIEW BY THE BUILDING AND ZONING DEPARTMENT CAME
19:27:28 TO URBAN DESIGN AND THEY SAID WE NEED TO GET DIFFERENT
19:27:29 LOOKS.
19:27:37 WE NEED TO GET A EPC DELINEATION REPORT.
19:27:42 AND WE ALSO HAD TO GO THROUGH AND LOOK AT HOW THE
19:27:44 BUILDING IS SET ON THE PROPERTY.
19:27:46 IT IS ATTACHED.
19:27:51 MEETS 150-MILE-PER-HOUR WIND GUSTS TEST.
19:27:55 SO THIS IS A VERY STRONG STRUCTURE.
19:27:59 AND IT DOESN'T AFFECT MR. GONZALEZ IN ANY WAY.
19:28:01 AS A MATTER OF FACT, ALL THE NEIGHBORS -- THERE ARE
19:28:04 SEVEN HOUSES ON THE STREET THAT ARE NOT AFFILIATED WITH
19:28:06 MR. GONZALEZ OR MYSELF.
19:28:09 I HAVE FOUR RECOMMENDATIONS TO GO FORWARD WITH THIS.
19:28:13 TWO OF THOSE SEVEN ARE ABSENTEE OWNERS.
19:28:18 SO OUT OF THE SEVEN, BASICALLY THERE ARE FIVE RESIDENTS
19:28:20 THAT WOULD ATTEST TO THIS.
19:28:22 AND I HAVE FOUR.
19:28:25 AND ACROSS THE CANAL ARE THE WATER FEATURE -- HOWEVER
19:28:26 YOU WANT TO LOOK AT IT.
19:28:30 THE MANMADE FEATURE, THE TWO RESIDENTS.
19:28:33 >>ORLANDO GUDES: WRAP UP, MR. MURPHY.
19:28:35 >> HAVE ALSO AGREED TO IT.
19:28:38 NO HOUSE -- THE CLOSEST HOUSE IS 80 FEET FROM ME IN THE
19:28:39 BACK YARD.
19:28:42 MR. GONZALEZ'S HOUSE IS 10 FEET AWAY FROM THE STRUCTURE
19:28:46 AND THE HOUSES ACROSS THE CANAL ARE 100 FEET.
19:28:49 I AM REQUESTING THIS IS NOT A MAJOR ISSUE AND GRANTING
19:28:54 OF IT WOULD NOT CAUSE ANY HARM TO THE NEIGHBORHOOD.
19:28:56 >>ORLANDO GUDES: THANK YOU, MR. MURPHY.
19:28:58 >> IT WOULD IMPROVE LIFE.
19:29:00 >>ORLANDO GUDES: THANK YOU, SIR.
19:29:03 >> THANK YOU.
19:29:07 >>ORLANDO GUDES: MOVE TO CLOSE.
19:29:10 MR. CITRO, YOU ARE RECOGNIZED.
19:29:12 >>JOSEPH CITRO: I DO APOLOGIZE.
19:29:14 IS MR. COTTON STILL THERE.
19:29:16 >>ERIC COTTON: YES, SIR.
19:29:22 >>JOSEPH CITRO: YOU HAVE BEEN TRIED AND TRUE FOR ME ON
19:29:24 THE VARIANCE BOARDS.
19:29:28 AND HE SAID THIS BUILDING MEETS ALL CODES.
19:29:33 WAS IT DONE TO A PERMIT TO THE BEST OF YOUR KNOWLEDGE.
19:29:37 >> NO, SIR, HE IS IN A PERMIT PROCESS NOW.
19:29:40 >>JOSEPH CITRO: THE DESIGN IN ANY STRUCTURE IF IT IS
19:29:45 NOT PUT IN PROPERLY -- IF IT IS NOT INSTALLED AND
19:29:51 INSPECTED AND PERMITTED, NO MATTER THE CONSTRUCTION OF
19:29:54 THE BUILDING ITSELF, MEANING THE STRUCTURE, IF IT IS
19:29:58 NOT INSTALLED PROPERLY, DOES THAT REALLY MEAN ANYTHING,
19:30:02 SAYING THAT IT MEETS STANDARDS?
19:30:05 DOES IT HAVE TO BE INSTALLED PROPERLY?
19:30:07 >> THAT IS MORE OF A BUILDING DEPARTMENT ISSUE.
19:30:10 I HATE TO SAY IT, I AM NOT.
19:30:12 >> I HOPE YOU UNDERSTAND MY POINT.
19:30:15 >> IT WASN'T DONE BY PERMITS, HOW WERE WE ABLE TO SAY
19:30:16 IT WAS DONE PROPERLY.
19:30:18 MR. COTTON, THANK YOU.
19:30:19 THANK YOU, MR. CHAIR.
19:30:23 >>ORLANDO GUDES: MOVE TO CLOSE.
19:30:28 >>GUIDO MANISCALCO: SECOND.
19:30:32 >>ORLANDO GUDES: MOVED BY UNANIMOUS CONSENT.
19:30:38 MR. DINGFELDER, WOULD YOU LIKE TO TAKE THIS.
19:30:41 >>JOHN DINGFELDER: I'M GOING TO RESPECTFULLY PASS FOR
19:30:47 MINUTE OR TWO AND HEAR WHAT OTHER COUNCILMEMBERS HAVE
19:30:49 TO SAY.
19:30:51 >>ORLANDO GUDES: MR. CITRO.
19:30:55 >>CHARLIE MIRANDA: THIS IS A DE NOVO HEARING.
19:30:56 A NEW HEARING.
19:30:59 SO THE EVIDENCE IS IN.
19:31:01 AND I UNDERSTAND WHAT HAPPENED.
19:31:04 I AM CONCERNED ABOUT THE PROCESS IN AS MUCH AS WHAT WAS
19:31:10 ON THE RECORD ACCORDING TO WHAT COUNCILMAN CITRO PUT ON
19:31:12 THROUGH MR. COTTON THAT THERE WAS NEVER A PERMIT
19:31:14 ISSUED.
19:31:16 AND THIS IS MY MAIN CONCERN.
19:31:17 THERE ARE OTHER CONCERNS.
19:31:20 UP KNOW PETITIONER PUT ON THE RECORD ABOUT THE
19:31:23 CAPABILITY OF THE STRUCTURE, WHAT IT CAN HOLD AND NOT
19:31:23 HOLD.
19:31:27 THAT IS NOT HERE -- WHETHER IT IS TRUE OR NOT, I DON'T
19:31:28 KNOW.
19:31:30 BUT EVEN IF IT IS TRUE, THAT IS NOT THE REASON WE ARE
19:31:30 HERE.
19:31:34 WE ARE NOT HERE TO FIND OUT WHAT VARIANCE OR WHAT IT
19:31:36 CAN HOLD OR NOT HOLD ON ANY STRUCTURE.
19:31:39 WE ARE HERE ON THE PROCESS OF THE CITY CODE, ACCORDING
19:31:42 TO WHAT HAPPENED AT THE TIME OF THE INSTALLATION AND
19:31:46 THE TIME FROM THE INSTALLATION TO WHAT GOT US TO THIS
19:31:48 POINT AND THAT WAS SOME TIME AGO, MONTHS AGO.
19:31:51 THAT'S ALL I GOT TO SAY RIGHT NOW.
19:31:54 >>ORLANDO GUDES: ANYBODY ELSE?
19:31:57 CLOSE IT.
19:31:59 LOOKING FOR SOMEONE TO MAKE A MOTION FOR APPROVAL OR
19:32:01 DENIAL.
19:32:04 >>MARTIN SHELBY: A REMINDER, COUNCIL.
19:32:09 MISS WELLS DID PROVIDE FOR YOU -- LABELED ITEM 1, YOUR
19:32:12 SAMPLE MOTIONS FOR YOU TO REVIEW.
19:32:15 EITHER TO APPROVE THE DESIGN EXCEPTION BY OVERTURNING
19:32:20 OR DENY THE DESIGN OR UPHOLDING THE ZONING
19:32:22 ADMINISTRATOR.
19:32:25 >> I WILL MAKE A MOTION.
19:32:28 I MOVE TO UPHOLD THE ZONING ADMINISTRATOR DECISION AND
19:32:33 DENY DESIGN EXCEPTION DE 1-20-66 BECAUSE THE
19:32:35 APPLICATION IS NOT CONSISTENT WITH THE APPLICABLE
19:32:42 STANDARDS SET FORTH IN 27.60 E 5.
19:32:45 >>ORLANDO GUDES: IS THERE A SECOND.
19:32:46 >>CHARLIE MIRANDA: SECOND.
19:32:48 >>ORLANDO GUDES: ROLL CALL --
19:32:50 >>JOHN DINGFELDER: QUESTION ON THE MOTION.
19:32:52 >>ORLANDO GUDES: YOU ARE RECOGNIZED.
19:32:55 >>JOHN DINGFELDER: THANK YOU, MR. CARLSON.
19:33:02 I THINK -- I THINK IT IS UNFORTUNATE MR. MURPHY.
19:33:09 AS LIKE AT THE CRITERIA OF SUBSECTIONS 5, AND THAT IS
19:33:19 WHAT LEGAL COUNCIL TOLD US TO DO.
19:33:23 IT IS HARD TO SEE EXACTLY HOW WE COULD GRANT THIS.
19:33:26 IF I LOOK AT THE CRITERIA SPECIFICALLY MARCHING
19:33:32 THROUGH PARENTHESES THE EXCEPTION DOES NOT INTERFERE
19:33:34 WITH THE RIGHTS OF OTHERS.
19:33:37 WELL, WE GOT AT LEAST ONE "OTHER" ACROSS THE STREET
19:33:40 FROM YOU WHO WOULD DIFFER WITH THAT.
19:33:43 AND WE HAVE TO PAY ATTENTION TO THAT.
19:33:46 B, THE EXCEPTION PROVIDES A REASONABLE ALLOWANCE OF USE
19:33:51 UNDER THE SPECIAL PFIZER CIRCUMSTANCES OF EACH
19:33:51 APPLICATION.
19:33:52 I AM NOT SURE ABOUT THAT.
19:33:55 THE NEXT ONE THAT THE EXCEPTION ACHIEVES THE GENERAL
19:33:59 INTENT OF THIS CHAPTER IN THE COMPREHENSIVE PLAN.
19:34:05 AND, AGAIN, I THINK AS STATED BY MR. COTTON IN HIS
19:34:09 REVIEW WHICH IS PART OF WHAT WE ARE DOING TONIGHT, IT
19:34:15 DOESN'T APPEAR THAT THIS -- THAT YOUR PROJECT WAS
19:34:20 CONSISTENT WITH THE CHAPTER 27 OF THE COMPREHENSIVE
19:34:21 PLAN.
19:34:25 AND IT IS UNFORTUNATE THAT I THINK THAT IS WHERE WE
19:34:28 ARE, AND I THINK THAT IS WHERE WE ARE.
19:34:34 NEXT ONE, D -- THE EXEMPTION THE MINIMAL EXCEPTION OF
19:34:36 THE POSSIBLE CIRCUMSTANCES.
19:34:40 I AM NOT SURE REALLY HOW TO ANALYZE THAT.
19:34:45 SECTION E SAYS WE COULD INCLUDE CONDITIONS APPROVAL IF
19:34:53 NECESSARY, BUT I DON'T SEE HOW THAT WORKS HERE.
19:34:56 F, IT IS CONSISTENT WITH SPECIFIC PLANS IN PLACE FOR
19:34:57 THE SUBJECT PROPERTY.
19:35:00 AGAIN, WE HAVE BEEN TOLD THAT THERE IS NO -- THERE HAS
19:35:03 BEEN NO PERMIT ISSUED.
19:35:06 SO -- WE DON'T HAVE ANY SPECIFIC PLANS OTHERWISE IN OUR
19:35:07 POSSESSION.
19:35:12 ANYWAY, AS I MARCH THROUGH 5 A-F, I DON'T REALLY SEE
19:35:19 HOW WE CAN UPHOLD YOUR REQUEST AND REVERSE THE ZONING
19:35:21 ADMINISTRATOR'S REQUEST.
19:35:29 WITH THAT, I WILL AGREE WITH MR. CARLSON.
19:35:32 >>ORLANDO GUDES: A MOTION ON THE FLOOR FOR DENIAL.
19:35:34 AND ROLL CALL VOTE.
19:35:36 >>CHARLIE MIRANDA: YES.
19:35:37 >>LUIS VIERA: YES.
19:35:38 >>JOSEPH CITRO: YES.
19:35:39 >>GUIDO MANISCALCO: YES.
19:35:41 >>JOHN DINGFELDER: YES.
19:35:42 >>BILL CARLSON: YES.
19:35:43 >>ORLANDO GUDES: YES.
19:35:50 >>CLERK: MOTION CARRIED UNANIMOUSLY.
19:35:52 >>ORLANDO GUDES: ITEM NUMBER TWO.
19:35:53 >> THANK YOU FOR THE TIME.
19:35:56 I FEEL SORRY FOR ALL THE OTHER FOLKS THAT HAVE
19:36:00 INSTALLED PRODUCT THAT OBVIOUSLY DOES NOT MEET THE CODE
19:36:01 AS WELL.
19:36:04 SO THANK YOU VERY MUCH.
19:36:06 >>ORLANDO GUDES: THANK YOU, SIR.
19:36:22 ITEM NUMBER TWO.
19:36:24 >>CATE WELLS: THANK YOU, MR. CHAIRMAN, MEMBERS OF CITY
19:36:28 COUNCIL, I AM CATE WELLS, ASSISTANT CITY ATTORNEY.
19:36:31 THIS ITEM CONTINUED FROM FEBRUARY 25 WITH MR.
19:36:33 GONZALEZ'S REQUEST WITHOUT BEING HEARD.
19:36:35 THE ITEM IS BEFORE YOU ON A PETITION FILED BY MICHAEL
19:36:40 AND TERRI GONZALEZ, OWNER OF PROPERTIES AT 6196 N.
19:36:43 RIVER BOULEVARD WHICH IS WITHIN 250 FEET OF MR.
19:36:48 MURPHY'S PROPERTY LOCATED AT 6915 RIVER BOULEVARD.
19:36:51 MR. AND MRS. GONZALEZ ARE SEEKING REVIEW OF THE NATURAL
19:36:55 RESOURCES COORDINATOR'S DECISION APPROVING THE DESIGN
19:36:59 EXCEPTION FILED BY MR. MURPHY SEEKING RELIEF FROM
19:37:05 SECTION 27-286 WITH RESPECT TO WETLANDS, PROTECTION AND
19:37:06 BUFFER.
19:37:10 AS I MENTIONED IN THE PRIOR HEARING EARLIER TODAY,
19:37:13 COUNCIL WAS PROVIDED WITH PROCEDURES OF TODAY'S REVIEW
19:37:17 AND SAMPLE MOTIONS.
19:37:19 YOU HAVE BEEN PROVIDED WITH A COPY OF THE REVIEW
19:37:23 CRITERIA 20-60 SUBSECTIONS E 5.
19:37:27 SIMILAR TO THE PROCESS OF ITEM NUMBER 1, CITY COUNCIL
19:37:32 WILL PROVIDE DE NOVO STANDARD OF REVIEW AND NOT LIMITED
19:37:36 TO THE RECORD BY THE NATURAL RESOURCES COORDINATOR, YOU
19:37:40 CAN TAKE PUBLIC TESTIMONY, ACCEPT NEW EVIDENCE AND MAKE
19:37:43 A DECISION ON THE APPLICATION MEETING THE CRITERIA OF
19:37:46 27-60 SUBSECTIONS E 5.
19:37:49 ERIC COTTON WILL PROVIDE AN OVERVIEW OF THE RELIEF
19:37:52 REQUESTED IN THE APPLICATION AND THE BASIS FOR THE
19:37:53 CITY'S DECISION.
19:37:55 AFTER CONSIDERING ALL OF THE EVIDENCE INTRODUCED INTO
19:37:58 THE RECORD OF TODAY'S HEARING, CITY COUNCIL MAY UPHOLD
19:38:01 THE CITY'S DECISION AND, THEREFORE, APPROVE THE
19:38:04 APPLICATION FOR DESIGN EXCEPTION OR COUNCIL MAY
19:38:08 OVERTURN THE CITY'S DECISION AND THEREFORE THEREBY DENY
19:38:09 THE APPLICATION FOR DESIGN EXCEPTION.
19:38:13 WITH THAT I WILL TURN PRESENTATION OVER TO MR. COTTON
19:38:16 AND I REMAIN AVAILABLE TO ANSWER ANY QUESTIONS.
19:38:17 THANK YOU.
19:38:19 >>ORLANDO GUDES: MR. COTTON, YOU ARE RECOGNIZED.
19:38:21 >>ERIC COTTON: GOOD EVENING, COUNCIL.
19:38:23 ERIC COTTON, DEVELOPMENT COORDINATION.
19:38:25 MAY I SHARE MY SCREEN, PLEASE.
19:38:32 ANOTHER BRIEF POWERPOINT FROM BACK IN FEBRUARY.
19:38:40 SO AS MISS WELLS WAS INDICATING, DE 1-20-148 FOR 6915
19:38:45 N. RIVER BOULEVARD FOR SETBACK APPROVAL.
19:38:48 THE APPLICANT IS MICHAEL GONZALEZ THE PROPERTY OWNER
19:38:49 ACROSS THE STREET.
19:38:51 THE INDIVIDUAL APPEALING THE DECISION OF THE ACTION OF
19:38:54 THE PROPERTY OWNER WHICH IS A NEIGHBOR.
19:38:59 SO, AGAIN, THIS IS PROPERTY ZONED RESIDENTIAL SINGLE
19:39:05 FAMILY, SRH PUMP AND FROM 25 FEET TO 7 FEET.
19:39:11 THE REQUEST WAS APPROVED BY THE NATURAL RESOURCES
19:39:12 COORDINATOR.
19:39:15 TONIGHT, YOU HAVE BRIAN KNOX, WHO IS THE LEAD EXAMINER
19:39:20 REGARDING HOW THE DETERMINATION WAS MADE, BUT BASICALLY
19:39:24 THE STRUCTURE WAS PUT IN WITHOUT THE CONCRETE -- THE
19:39:27 CONCRETE -- THE CONCRETE WAS PUT IN WITHOUT PERMITS FOR
19:39:32 MY UNDERSTANDING AND THE REMOVAL OF THE CONCRETE FROM
19:39:36 THE WETLAND SETBACK WILL BE MORE DETRIMENT FROM THE
19:39:39 WETLAND AND CREEK AND ADJACENT BODY THAN LEAVING IT IN
19:39:40 PLACE.
19:39:45 AGAIN, THIS IS AT THE END OF THE DEAD-END STREET.
19:39:46 THE LINE OF TREES.
19:39:49 THE WATER FEATURE IS UNDERNEATH THAT TREE RIGHT WHERE
19:39:51 MY CURSOR IS GOING.
19:39:54 AGAIN, THIS IS THE SURVEY.
19:39:57 THE 25-FOOT SETBACK LINE IS IN RED.
19:40:01 THIS IS THE WETLAND AREA AS DETERMINED BY THE EPC FOR
19:40:07 THEIR WETLAND DETERMINATION PROCESS.
19:40:11 THIS IS JUST A PHOTO OF THE AREA.
19:40:15 THIS IS THE STRUCTURE THAT MR. MR. MURPHY HAS UP.
19:40:17 AN EXISTING PVC FENCE.
19:40:21 SOME GRASSY AREA AND WHERE THE BANK STARTS TO GO DOWN
19:40:22 IN THE WATER AREA.
19:40:27 AGAIN, ANOTHER PICTURE OF THE WATER AREA.
19:40:34 AND I HAVE ONE LAST PICTURE AGAIN, THIS IS THE WET
19:40:38 AREA, THE TOP OF THE BANK, THE GRASSY AREA AND THIS IS
19:40:41 THE STRUCTURE THAT WAS FOR THE PREVIOUS CASE YOU JUST
19:40:41 HEARD.
19:40:45 I'M HERE TO ANSWER ANY QUESTIONS IF YOU HAVE ANY.
19:40:49 IF NOT, THE ACTUAL SCIENTIFIC ASPECTS OF IT, PLEASE ASK
19:40:52 MR. KNOX QUALIFIED TO RESPOND.
19:40:56 >>ORLANDO GUDES: MR. DINGFELDER AND THEN MR. CITRO.
19:40:59 >>JOHN DINGFELDER: I WILL PASS TO JOE.
19:41:01 >>JOSEPH CITRO: SMITH COTTON, DID I HEAR YOU CORRECTLY
19:41:05 THIS WILL BE MORE DETRIMENTAL TO TAKE THIS OUT THAN TO
19:41:07 LEAVE IT IN?
19:41:09 >> PART OF THE DETERMINATION MADE BY THE NATURAL
19:41:13 RESOURCES COORDINATOR AT THE TIME THAT THE REMOVAL OF
19:41:17 THE CONCRETE WILL BE MORE DETRIMENTAL TO THE WETLAND
19:41:18 PUT IN PLACE.
19:41:20 >> I THOUGHT I HEARD YOU CORRECTLY.
19:41:21 THANK YOU.
19:41:23 THANK YOU, MR. CHAIR.
19:41:26 >> MR. DINGFELDER, YOU ARE RECOGNIZED.
19:41:28 >>JOHN DINGFELDER: LOOK LIKE WE HAVE MR. KNOX TO GIVE
19:41:31 US TESTIMONY AND I WILL BE CAREFUL NOT TO TESTIMONY AS
19:41:33 MR. SHELBY OFTEN WARNS US.
19:41:36 I DO HAVE SOME FAMILIARITY WITH THAT AREA.
19:41:39 IT IS PROBABLY A MILE FROM MY HOUSE.
19:41:45 BUT MR. KNOX, AS I RECALL, THAT IS SOMEWHAT OF A DITCH,
19:41:45 IS IT NOT?
19:41:51 I MEAN, IT FEEDS DOWN INTO THE RIVER, BUT WHAT I HAVE
19:41:54 SEEN OTHER PORTIONS AND YOU CAN CORRECTLY AND PLEASE
19:41:57 DO, BUT I HAVE SEEN OTHER PORTIONS OF THAT AREA.
19:42:03 IT LOOKS TO ME TO BE SORT OF A DRAINAGE DITCH, AN OPEN
19:42:07 DRAINAGE DITCH WITH A LOT OF RIPRAP AND A LOT OF --
19:42:10 SOME PEOPLE ARE WELL AND SOME PEOPLE ARE RIPRAP AND
19:42:13 THIS AND THAT.
19:42:15 SO I DON'T KNOW THE SPECIFICS ADJACENT TO THIS
19:42:20 PROPERTY, BUT CAN YOU HELP US OUT AND CONFIRM OR DENY
19:42:22 WHAT I JUST SAID?
19:42:23 >>ERIC COTTON: THAT'S CORRECT.
19:42:24 THIS IS --
19:42:26 >> THAT'S CORRECT PUMP THIS IS ACTUALLY A DRAINAGE
19:42:28 DITCH.
19:42:32 AND IT'S -- IT WAS -- IT WAS IDENTIFIED AS SUCH WHEN WE
19:42:34 WENT OUT THERE.
19:42:39 IT'S -- IT IS AN UPLAND CUT DITCH.
19:42:42 AND IT'S -- BASICALLY THAT IS THE ONLY PURPOSE THAT IT
19:42:43 SERVING.
19:42:47 BUT EPC RULED IT WAS INDEED A WETLAND AREA AND SO WITH
19:42:52 THAT, WE DO ENFORCE THE WETLAND SETBACK.
19:42:57 >> AND DO WE HAVE ANY ADDITIONAL PICTURES OF -- OF THAT
19:43:02 DITCH AND OR WETLAND TO HELP COUNCIL SEE WHAT I AM
19:43:10 TALKING ABOUT?
19:43:34 WE MAY HAVE SOME ADDITIONAL PHOTOS.
19:43:37 I GUESS I DIDN'T WANT COUNCIL TO THINK WE WERE TALKING
19:43:48 ABOUT EULALE SPRINGS.
19:43:49 >> LET'S SEE.
19:43:59 IF I CAN SHARE THE SCREEN HERE.
19:44:10 THIS IS MY FIRST TIME DOING THIS.
19:44:34 I AM NOT SURE WHAT YOU CAN SEE AT THIS TIME DINGFELDER
19:44:36 WE HAVE GOT YOUR SCREEN.
19:44:39 >> OKAY --
19:44:43 >>CATE WELLS: RYAN, THIS IS CATE, WE CAN SEE THE
19:44:44 LETTER BUT NO PHOTOGRAPHS.
19:44:47 >>RYAN MANASSE: IS THAT -- CAN YOU SEE IT NOW?
19:44:48 OKAY.
19:44:56 SO THIS IS THE NORTHEAST VIEW OF THE DITCH.
19:45:01 IN IS THE EAST VIEW.
19:45:08 AND THIS IS THE NORTH VIEW, THE PICTURE THAT WE SAW
19:45:08 EARLIER.
19:45:13 THE PHOTOS THAT WERE IN THE RECORD.
19:45:14 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
19:45:23 THANK YOU, MR. KNOX.
19:45:27 >>ORLANDO GUDES: HEAR FROM THE APPLICANT.
19:45:38 >> YES, KB BRICKLEMYER, 601 NORTH ASHLEY STREET --
19:45:41 >>CATE WELLS: THE APPLICANT IS MR. GONZALEZ.
19:45:55 >> OH, I AM SORRY.
19:46:02 >> GOOD EVENING, COUNCIL, DERRILL MCATEER, SOUTH
19:46:03 ASHLEY.
19:46:08 APOLOGIZE IN THE THANKS HEARING, USED TO RED YELLOW
19:46:13 LIGHTS AND HAVING THESE TWO HEARINGS MASH TOGETHER.
19:46:17 MY REBUTTAL TIME -- I WAS A LITTLE TOO SLOW ON THAT.
19:46:21 I WILL KEEP A GOOD CADENCE ON THIS.
19:46:24 SEEM LIKE WE WILL HAVE A BATTLE OF MONEY TOES BETWEEN
19:46:26 "DITCH" AND "CREEK.
19:46:30 " WE WILL GET THROUGH THAT IN DUE TIME.
19:46:33 I HAVE TO ROLL THROUGH THE SAME CRITERIA THAT GOVERN
19:46:37 THIS CASE THAT GOVERNED THE LAST ONE CITY CODE CRITERIA
19:46:46 ALSO IN THE LETTER THAT WAS DEPOSITED IN THIS CASE.
19:46:51 AND RENDER APPROVAL -- OR DECISION FOR MR. MURPHY.
19:46:54 SO I WILL KEEP GOING.
19:46:57 FIRST CRITERIA THAT THE EXCEPTION NEITHER INTERFERES
19:47:01 WITH THE RIGHTS OF OTHERS AS PROVIDED IN THIS CHAPTER
19:47:06 AND INJURIOUS TO THE HEALTH, SAFETY AND GENERAL
19:47:08 WELFARE.
19:47:13 AS STATED EARLIER THE ALLOWED 18-FOOT ENCROACHMENT.
19:47:17 IS NOT A SMALL ENCROACHMENT INTO THE WETLAND AREA FROM
19:47:21 25 FEET TO SEVEN FEET -- INTO THE WETLAND SETBACK IN
19:47:25 THE FORM OF A CONCRETE PAD.
19:47:31 WE ALREADY DISPOSED OF THE CARPORT STRUCTURE THREATENS
19:47:32 A SPRING-FED CREEK.
19:47:34 I WILL SHOW YOU THE SPRING IN A VIDEO.
19:47:38 AND FEEDS INTO THE HILLSBOROUGH RIVER AND DRAINAGE IN
19:47:42 THE NEIGHBORHOOD AND EVERY LAW, POLICY GOVERNING THE
19:47:43 SITE.
19:47:46 THE EXCEPTION -- FACTOR B, THAT THE EXCEPTION PROVIDES
19:47:49 A REASONABLE ALLOWANCE OF USE UNDER THE SPECIFIED
19:47:53 CIRCUMSTANCES OF EACH APPLICATION AND.
19:47:55 THIS IS A SELF-IMPOSED CONDITION.
19:47:58 NO REASONABLE ALLOWANCE OF A USE.
19:48:03 THERE IS AN 18-FOOT INCURSION INTO A WETLAND SETBACK
19:48:07 AND DRAINAGE AREA PROTECTED BY CODE PROVISION FOLLOWED
19:48:12 BY OTHER MEMBERS OF THE NEIGHBORHOOD.
19:48:15 THE EXCEPTION ACHIEVES THE GENERAL INTENT OF THE
19:48:17 CHAPTER AND THE TAMPA COMPREHENSIVE PLAN.
19:48:21 WELL, IT DOESN'T.
19:48:25 COMPREHENSIVE PLAN STATES SUCCESSFUL CITY BUILDING,
19:48:28 EVERYTHING IS INTERCONNECTED IN CONTEXT WITH EVERYTHING
19:48:29 ELSE.
19:48:31 THE COMPREHENSIVE PLAN IS SUPPOSED TO BE A GENERAL
19:48:33 GUIDE TO DO JUST THAT.
19:48:39 ONE COMPONENT OF THE CANNOT BE VIEWED SINGULARLY AND
19:48:41 WITHOUT TAKING ALL FACETS OF THE PLAN INTO
19:48:42 CONSIDERATION.
19:48:45 THAT THE NATURE AND INTENT OF THE COMPREHENSIVE PLAN.
19:48:49 TO THAT END, I BELIEVE THAT THE GRANT OF THIS DESIGN
19:48:52 EXCEPTION VIOLATED LAND USE POLICY THAT RELATED TO NEW
19:48:55 BUILDINGS AND DEVELOPMENTS TO THE CON TEXT THE
19:48:59 NEIGHBORHOOD AND COMMUNITY WHICH IS A WETLAND NATURAL
19:49:02 AREA WITH A WETLAND AND CREEK.
19:49:06 1.2.1 PHYSICAL ENVIRONMENTS OF THE HIGHEST QUALITY
19:49:09 WHICH EMPHASIZE THE SPECIAL IDENTITY OF EACH CITY'S
19:49:09 NEIGHBORHOODS.
19:49:13 THE SPECIAL IDENTITY SEMINOLE HEIGHTS WHEN MY FATHER
19:49:17 WAS BORN IN 1932 WAS THE HILLSBOROUGH RIVER.
19:49:23 THREAT A TRIBUTARY TO A SPRING-FED CREEK THAT FEEDS THE
19:49:25 HILLSBOROUGH RIVER AND NOT CONSISTENT WITH THE COMP
19:49:26 PLAN.
19:49:31 ENSURE THAT THE ZONING CODE ENFORCES QUALITY DESIGN AS
19:49:32 IT RELATES TO THE COMPLEX OF THE AREA.
19:49:35 WE DON'T HAVE A PROBLEM WITH THE URBAN DESIGN WHEN A
19:49:38 SITUATION WITH TWO DRIVEWAYS, HALF OF ONE IS ORDERED
19:49:39 REMOVED.
19:49:44 IT IS REMOVED WITH MULCH IS INSTALLED, BUT THE PAD --
19:49:47 THE PAD UNDERNEATH THE CARPORT WAS NOT REMOVED AND
19:49:49 THERE WAS NO EROSION.
19:49:53 NO TESTIMONY AND WON'T BE ANY TESTIMONY OF EROSION OR
19:49:56 DAMAGE FROM REMOVING THAT SECOND DRIVEWAY WHICH WE WILL
19:49:58 GET TO IN A MOMENT.
19:50:02 BUT YOUR QUALITY URBAN DESIGN IS NOT TWO DRIVEWAYS INTO
19:50:05 A HOUSE AND REMOVING ONE QUARTER OF A DRIVEWAY.
19:50:08 THE ENTIRE DRIVEWAY NEEDS TO BE REMOVED INCLUDING THE
19:50:13 PART THAT WAS REQUIRED BY THE CARPORT.
19:50:16 POLICY 1.7.1.
19:50:19 WETLANDS AND UPLANDS WITH SIGNIFICANT HABITAT AND
19:50:25 UNIQUE THROUGH SPRINGS AND SINKHOLES AND PUBLIC
19:50:28 EDUCATION PROS AND BALANCED WITH OTHER AREAS OF
19:50:29 OVERRIDING INTEREST.
19:50:33 AND I DO POINT TO THE WORD "SPRING" IN THAT.
19:50:36 AND MOVING BACK TO THE CRITERIA.
19:50:39 D, THAT THE EXCEPTION IS THE MINIMUM POSSIBLE
19:50:42 EXCEPTION UNDER SPECIFIC CIRCUMSTANCES.
19:50:47 18-FEET ENCROACHMENT GOING FROM 25 FEET TO SEVEN WITH A
19:50:51 CONCRETE PAD WHEN MOST OF IT HAS ALREADY BEEN REMOVED
19:50:53 ALSO WITHOUT ANY DAMAGE.
19:50:58 I DON'T SEE HOW THAT IS MINIMAL POSSIBLE EXCEPTION.
19:51:01 THESE AREN'T ORS, THEY ARE ANDS.
19:51:05 AND CONDITION OF APPROVAL THAT IS NECESSARY TO ENSURE
19:51:08 THAT THE ADJUSTMENT IS NOT SPECIAL PRIVILEGE,
19:51:11 INCONSISTENT WITH THE LIMITATIONS OF OTHER PROPERTIES
19:51:14 WITHIN THE VICINITY AND WITHIN THE SAME ZONING
19:51:15 DISTRICT.
19:51:19 THE CONDITIONS OF APPROVAL WERE BASE ON THE PURPORTED
19:51:21 STATEMENT BY THE HILLSBOROUGH COUNTY EPC REGARDING
19:51:26 STABILITY OF THE WETLAND AREA.
19:51:30 AND THE EPC DIDN'T OPINE ON THAT AT ALL.
19:51:33 I THOUGHT MR. KNOX -- AND HE TOLD ME THAT HE WAS GOING
19:51:37 TO STATE THAT, BUT I WILL PUT MR. ADAM SHIPPER'S E-MAIL
19:51:40 FROM THE COUNTY UP.
19:51:44 AND HE WILL SAY THAT THE EPC DOES NOT HAVE -- DOES NOT
19:51:48 DELINEATE THE WETLAND LINE AS PREVIOUSLY PROVIDED
19:51:52 BEYOND THE WETLAND DETERMINATION -- I HOPE YOU CAN READ
19:51:52 THIS.
19:51:58 BEYOND THE WETLAND DETERMINE NATION DELINEATION BY EPC
19:52:00 -- AN E-MAIL TO MY CLIENT, MR. GONZALEZ, TO DETERMINE
19:52:04 WHY AND ON WHAT BASIS THE STATEMENTS ON A MATTER OF
19:52:06 WHICH THEY WERE PROVIDED.
19:52:10 EPC -- THE COUNTY NEVER CAME IN AND SAID OTHER THAN
19:52:13 THERE IS A DELINEATED WETLAND IN THE AREA AND THEY WERE
19:52:13 OUT.
19:52:19 THAT PART OF THE APPROVAL LETTER IS INACCURATE.
19:52:26 SO PREDEMOLITION OF THE FIRST DRIVEWAY.
19:52:29 LET ME GET A NUMBER OFF HERE.
19:52:35 THE AREA THAT YOU SAW MULCHED AND MR. COTTON PLANNED
19:52:36 KNOX'S PRESENTATION IS GONE.
19:52:41 THAT WAS REMOVED AND REPLACED WITH MULL -- REPLACED
19:52:43 WITH MULCH.
19:52:46 NO TESTIMONY AND WILL NOT BE TESTIMONY THAT THAT HAS
19:52:50 CAUSED DAMAGE TO THE WATER FEATURE TO THE CREEK NEXT
19:52:52 DOOR ADJACENT TO THE PROPERTY.
19:52:56 THEY JUST DON'T WANT TO REMOVE THE REST OF IT.
19:53:01 MR. MURPHY WAS CITED ON CODE ENFORCEMENT MAY 20109 FOR
19:53:04 THE ILLEGAL SECOND DRIVEWAY AND THAT IS WHY IT WAS
19:53:12 REMOVED.
19:53:17 AND HERE WE ARE AFTER REMOVAL, WHICH YOU HAVE SEEN
19:53:18 THIS.
19:53:20 THERE IS THE MULCH.
19:53:21 AND IT'S BEEN STABLE.
19:53:25 THERE HAS BEEN NO TESTIMONY IT HAVEN'T BEEN A STABLE
19:53:28 FEATURE OR THAT THERE WAS ANY DAMAGE TO THE WATER
19:53:33 FEATURE AT ALL.
19:53:36 JUST ANOTHER VIEW OF THE SAME.
19:53:38 EVERYTHING IS STABILIZED.
19:53:43 IT CAN BE DONE -- IF IT CAN BE DONE HERE AND DOWN HERE
19:53:48 AND THIS CONCRETE PAD CAN BE DONE WITHOUT DAMAGE TO THE
19:53:53 WATER FEATURE.
19:53:59 >>ORLANDO GUDES: MR. MCATEER, PUT THAT PHOTO BACK UP.
19:54:02 >> THE ONE WITH THE ARROWS.
19:54:02 >> OKAY.
19:54:04 >>ORLANDO GUDES: THE DISH OR CREEK.
19:54:07 >> I KNOW WE ARE A BIT OF A BATTLE OF MONEY TOES.
19:54:10 >>ORLANDO GUDES: THAT IS THE WATER, RIGHT?
19:54:11 >> THAT IS THE WATER.
19:54:13 >>ORLANDO GUDES: AND THAT IS THE CREEK, CORRECT?
19:54:18 >> YOU CAN SEE IT REFLECTING, BUT -- SO IT'S THERE.
19:54:22 AND YOU GOT ST. AUGUSTINE ALONG THE SIDE.
19:54:26 ST. AUGUSTINE GRASS AND THE MULCH WHERE THE FORMER
19:54:29 DRIVEWAY THAT HE WAS FORCED TO REMOVE DUE TO A
19:54:30 CITATION.
19:54:33 >>ORLANDO GUDES: THANK YOU, SIR.
19:54:39 AND THIS IS VERY QUICKLY IS THE APPROVAL LETTER WHICH
19:54:43 SITES TO SAYS -- SAYING THAT THERE WAS A REVIEW CON
19:54:45 DUCKED BY THE ENVIRONMENTAL CONTROL COMMISSION, AND THE
19:54:49 WETLAND SETBACK AS CONSISTENT WITH THE EXISTENCE THAT
19:54:53 THE REMOVAL OF THE EXISTING STRUCTURE WOULD CAUSE --
19:54:55 EPC NEVER MADE THAT FINDING.
19:54:58 THEY NEVER MADE A FINDING THAT REMOVAL OF THE CONCRETE
19:55:04 PAD UNDERNEATH THE CARPORT THAT WE JUST DISPOSED OF IN
19:55:06 THE LAST HEARING WOULD CAUSE ANY DAMAGE TO THE WETLAND
19:55:07 AREA.
19:55:10 INTERESTINGLY ENOUGH A WETLAND AND NOT A DITCH.
19:55:15 MORE THAN A DRAINAGE DITCH TO THE EPC AND THEY MADE
19:55:21 THAT STATEMENT.
19:55:28 I THINK THE MOST HELPFUL THING AT THIS POINT AND MADE
19:55:29 MY POINTS ABOUT THE FACTORS.
19:55:32 IT DOES NOT MEET SEVERAL OF THE FACTORS.
19:55:34 HAS TO MEET ALL OF THEM.
19:55:37 >> TO GO THROUGH ALL A-F.
19:55:40 SOME ARE STRONGER THAN OTHERS AND HAVE TO BAT A
19:55:42 THOUSAND CAN'T ON THE STRUCTURE.
19:55:45 A PICTURE AND FOLLOW IT UP WITH A VIDEO OF -- AND THERE
19:55:47 IS A BOAT IN THIS SO-CALLED DITCH.
19:55:50 BECAUSE EVERYBODY KEEPS A BOAT IN IT BECAUSE, GUESS
19:55:53 WHAT, A BOILING SPRING IN THIS THING.
19:55:56 AND I KNOW THAT IS HARD TO SEE IN THE PICTURE, BUT WE
19:56:00 ARE GOING TO PLAY A VIDEO FOR YOU THAT WILL DO IT.
19:56:04 AND I WILL SEE IF MR. GONZALEZ WANTS TO COME UP AND
19:56:06 CHANGE THE INPUT TO THREE.
19:56:22 AND HOPEFULLY THIS WILL WORK.
19:56:23 >> FULL SCREEN.
19:56:24 >> GO FULL SCREEN.
19:56:25 >> HE SAID CLICK THAT.
19:56:36 >> WE MAY NEED A LITTLE TECH SUPPORT.
19:56:36 OKAY.
19:56:39 AND YOU CAN ANNIVERSARY THIS VIDEO, WHICH WAS TAKEN THE
19:56:43 SAME TIME AS THE PICTURE THAT I SHOWED EARLIER, ALL OF
19:56:48 THE DOCUMENTS OF RECORD.
19:56:50 THERE IS A FLOWING SPRING THERE.
19:56:53 I AM SURE IT HAS BEEN ALTERED OVER THE YEARS BUT BEFORE
19:56:56 THERE WERE ENVIRONMENTAL REGULATIONS AND SPECIFIC AS
19:56:56 THEY WERE NOW.
19:56:59 THIS IS NOT JUST SOME DRAINAGE DITCH FOR THE CITY OF
19:57:00 TAMPA.
19:57:03 THIS IS A TITLE FEATURE DITCH THAT, YES, IT RISES AND
19:57:06 FALLS WITH THE TIDE AS DOES THE RIVER AND HAS A FLOWING
19:57:07 SPRING IN IT.
19:57:11 IT HAS MORE THAN ONE FLOWING SPRING.
19:57:13 AND WE HAVE GOT ONE ON VIDEO.
19:57:16 AND MR. GONZALEZ, IF YOU DO JUST SPEAK TO ANY REMAINING
19:57:21 -- DO YOU KNOW OF THINK WATER FEATURES IN THE DITCH.
19:57:24 >> WHAT HAS HAPPENED.
19:57:26 >> USE YOUR ADDRESS.
19:57:31 >> MIKE GONZALEZ, 1609 N. RIVER BOULEVARD, AND I HAVE
19:57:32 BEEN SWORN IN.
19:57:35 THE CREEK -- AS YOU GET CLOSER TO THE RIVER, THOSE
19:57:38 HOUSES HAVE THE SEAWALL SO NO EROSION.
19:57:41 THE FURTHER YOU GO AWAY FROM THE TWO HOUSES ON THE
19:57:45 RIVER, WELL, THESE STRUCTURES THAT THEY BUILT, WHAT HAS
19:57:48 HAPPENED IS THERE HAS BEEN EROSION, SO NOW THE SEAWALLS
19:57:52 HAVE COLLAPSED IN AND THE CREEK BACK THERE IS STARTING
19:57:54 TO CLOSE IN ON TOP OF ITSELF.
19:57:57 THERE ARE STILL SPRINGS ALL ALONG THE MIDDLE THAT FLOW
19:58:01 OUT, BUT IT IS STARTING TO COLLAPSE BECAUSE THESE
19:58:04 ACCESSORY STRUCTURES THAT ARE NOT DIRECTING THE WATER
19:58:07 FLOW AWAY FROM THE SIDES OF THE CREEK WALL.
19:58:08 THAT IS WHAT IS HAPPENING HERE.
19:58:11 I HAVE SOME OTHER VIDEOS THAT I CAN SHOW ON MY PHONE IF
19:58:13 I CAN USE THE ELMO.
19:58:18 YOU WILL SEE MANATEES ALL THE WAY UP AT THE END OF THE
19:58:18 CREEK.
19:58:26 YOU CAN SEE MAYBE 100 -- AN OTTER, A ALLIGATOR.
19:58:29 THIS IS BY NO WAY A DITCH.
19:58:38 IT IS COMPLETELY A VIBRANT, AQUATIC ADDITION AND IT
19:58:41 FEEDS INTO THE HILLSBOROUGH RIVER.
19:58:47 THE HOUSE I AM WAS MY GRANDPARENTS AND IT LOOKS ALL THE
19:58:48 WAY BACK.
19:58:50 WHEN PEOPLE ADD, THAT IS WHAT IS HAPPENING.
19:58:53 NOTHING IS DONE NOW, IT WILL CONTINUE TO CLOSE IN AND
19:58:56 SO WE ARE JUST TRYING TO HELP PREVENT THAT SO THE
19:58:59 BEAUTY AND THE PRESERVATION IS THERE FOR MY GRANDKIDS
19:59:01 WHEN HOPEFULLY THEY TAKE OVER THE HOUSE.
19:59:03 AND I JUST --
19:59:05 >> I WANT TO CLOSE WITH THE POINT IN THE COMPREHENSIVE
19:59:11 PLAN THAT THERE IS A DUTY TO PROTECT NATURAL FEATURES.
19:59:14 AND I THINK PART OF THE MONEY TO FIGHT AS I LABELED IT
19:59:19 IN MY WORDS OVER THIS IS -- YOU KNOW, YOU PICKED UP ON
19:59:22 THE FACT THAT MR. KNOX USED THE WORD "DITCH."
19:59:25 HE HAS US USING IT AND EVERYBODY USING.
19:59:27 A GOOD ARGUMENT.
19:59:30 KIND OF GOOD LAWYERING.
19:59:33 I CONGRATULATE -- BUT NOT A DITCH, AN ALTERED CREEK
19:59:37 WITH FLOWING SPRINGS IN THE BASE OF IT.
19:59:41 IT HAS INTERACTION WITH WILDLIFE PHOTOS OF RECORD, AND,
19:59:46 YOU KNOW, AS MR. GONZALEZ SAID, HE -- IF THIS IS
19:59:50 ALLOWED TO CONTINUE AND THIS -- ESPECIALLY WITH THE
19:59:54 CARPORT NOW BEING TAKEN OFF, WATER IS GOING -- THAT
19:59:57 IMPERMEABLE PATH WILL STAY THERE.
20:00:00 YOU ARE GOING TO HAVE EROSION OFF THAT PAD AND COLLAPSE
20:00:02 THE SIDE OF THIS WEEK.
20:00:05 IT DIDN'T HAPPEN WHERE THE MULCH WAS BECAUSE THEY TOOK
20:00:07 OUT THE CONCRETE PAD.
20:00:12 THE MULCH AND PERMEABLE AND GOES INTO THE GROUND.
20:00:17 IMPERMEABLE 18 FEET IN THE WETLAND SETBACK THAT SHOULD
20:00:24 BE REMOVED.
20:00:33 THANK YOU FOR YOUR TIME.
20:00:35 >>JOHN DINGFELDER: QUICK QUESTION.
20:00:37 >>ORLANDO GUDES: MR. DINGFELDER, YOU ARE RECOGNIZED.
20:00:40 >>JOHN DINGFELDER: I DON'T THINK I WANT TO ASK YOU MR.
20:00:45 MCATEER BECAUSE YOU HAVE DONE TOO MUCH TESTIFYING.
20:00:48 I WANT TO ASK YOUR WITNESS, MR. GONZALEZ.
20:00:49 >> YES, SIR.
20:00:51 >>JOHN DINGFELDER: EVERYTHING I HAVE SEEN ON THIS CASE
20:00:55 AND THE PICTURE THAT I SAW, IT APPEARS THAT THERE ARE
20:00:58 SEVEN FEET OF ST. AUGUSTINE GRASS BETWEEN THE SLAB THAT
20:01:06 IS AT ISSUE AND THE LEGAL BOUNDARY OF THE CREEK AND OR
20:01:07 DITCH, CORRECT?
20:01:09 >> NO, I BELIEVE IT IS LESS THAN THAT.
20:01:11 THAT IS WHAT HE PUT ON HIS APPLICATION.
20:01:12 I BELIEVE IT IS LESS THAN THAT.
20:01:16 AND IT IS ACTUALLY ABOUT FOUR FEET FROM THAT GREAT BIG
20:01:20 WHAT I THINK IS A GRAND OAK, BUT WHAT MR. KNOX HAS
20:01:25 DESCRIBED AS A SPECIMEN OAK WHICH IS COUPLE OF INCHES
20:01:28 SMALLER THAN DIAMETER.
20:01:28 I THINK --
20:01:32 >>JOHN DINGFELDER: I WILL HAVE TO ASK STAFF OR MR.
20:01:32 MURPHY.
20:01:35 ACCORDING TO THE DOCUMENT THAT WE HAVE HERE, THIS IS A
20:01:40 REQUEST TO GO FROM 25 FEET TO 7 FEET.
20:01:43 SO -- AND WE LOOKED AT THE PICTURE AND THERE IS A BUNCH
20:01:46 OF ST. AUGUSTINE AND LOOKS RELATIVELY FLAT.
20:01:49 IT DOESN'T LOOK LIKE IT IS SLOPING TREMENDOUSLY.
20:01:56 AND IS IT YOUR ARGUMENT THAT THIS SLAB IS SOMEHOW
20:02:03 CAUSING THIS FOUR TO SEVEN FEET OF ST. AUGUSTINE GRASS
20:02:08 TO NOW TUMBLE BECAUSE OF THE WEIGHT OF THE SLAB TO BE
20:02:10 TUMBLING INTO THE CREEK?
20:02:12 IT DOESN'T -- IT DOESN'T MAKE ANY SENSE TO ME.
20:02:16 >> I CAN SHOW NEW A COUPLE OF PICTURES AND IT MIGHT BE
20:02:18 A LOT CLEARER FOR YOU.
20:02:22 CAN I DO THAT, PLEASE.
20:02:25 >>JOHN DINGFELDER: I GREW UP ON A DITCH OR CREEK
20:02:28 WHATEVER YOU WANT TO CALL IT ON ANOTHER PART OF TOWN
20:02:31 AND I UNDERSTAND THEY SOMETIMES COLLAPSE, BUT COLLAPSE
20:02:35 BECAUSE THE SIDE WALLS AND THE RIPRAP GIVE OUT.
20:02:38 IT IS NOT BECAUSE OF A SLAB THAT IS SEVEN FEET AWAY.
20:02:40 >> THE PICTURE I HAVE GOT UP.
20:02:43 ARE YOU ABLE TO SEE THAT PICTURE?
20:02:45 >>JOHN DINGFELDER: NOT YET.
20:02:47 OKAY.
20:02:48 >> SO -- DO WE HAVE IT?
20:02:51 >>JOHN DINGFELDER: WE SEE A -- A RANCH HOUSE --
20:02:56 >> YES, THAT IS THE HOUSE 2010 WHEN MR. MURPHY BOUGHT
20:02:58 IT AND THE GRASS ON THE CREEK SIDE OF THE HOUSE THE
20:03:01 LEFT HOW IT GOES STRAIGHT.
20:03:03 YOU CAN SEE THE OAK TREE IS STRAIGHT UP.
20:03:04 ANOTHER VIEW FROM THE BACK.
20:03:06 YOU CAN SEE HOW IT IS GREAT.
20:03:08 YOU CAN SEE HOW THERE WAS A SEAWALL.
20:03:13 AND SO NOW AFTER THE STRUCTURE IS PUT IN, BEFORE THE
20:03:16 STRUCTURE WAS JUST CONCRETE.
20:03:20 THIS LARGE CONCRETE SLAB THAT IS, OF COURSE, GOING TO
20:03:22 PITCH THROUGH THE HOUSE AND PITCH AWAY THROUGH THE
20:03:25 HOUSE AND THE PICTURES WHERE THE ARROWS ARE, YOU CAN
20:03:27 SEE NO LONGER FLAT.
20:03:30 AT A 45-DEGREE ANGLE.
20:03:33 2010 BEFORE THE ILLEGAL CONSTRUCTION WAS AT A
20:03:36 90-DEGREE ANGLE.
20:03:37 YOU CAN SEE IN THAT PICTURE.
20:03:38 HOW IT IS ROUNDED HERE.
20:03:41 AND A PALM TREE THAT WAS CUT DOWN ROLLED DOWN INTO THE
20:03:42 CREEK.
20:03:46 AND EVEN MORE IMPORTANTLY, AT LOW TIDE, WINTER IS WHEN
20:03:47 IT IS REALLY LOW LIKE THIS.
20:03:49 AND PEOPLE COULD SAY DITCH.
20:03:53 ANY OTHER TIME WINTER LOW TIDE, THIS HAS WATER IN IT
20:03:54 CONSTANTLY.
20:03:57 YOU CAN SEE IN THIS PICTURE WITH THE ARROWS BECAUSE OF
20:03:59 THE EROSION TO THE RIGHT.
20:04:01 THE CREEK INSTEAD OF GOING STRAIGHT YOU SEE IT GET
20:04:07 DIVERTED TO THE LEFT AND STRAIGHTEN BACK UP.
20:04:10 THAT IS WHERE THE ILLEGAL CONSTRUCTION IS COMING FROM.
20:04:14 >> ASK MR. KNOX OUR EXPERT THE SAME QUESTION.
20:04:14 MR. KNOX.
20:04:17 ARE YOU STILL THERE?
20:04:19 >> YES, SIR, I AM.
20:04:22 >>JOHN DINGFELDER: LET'S JUST HOLD THAT PICTURE RIGHT
20:04:23 THERE, RIGHT NOW.
20:04:29 I KNOW A SLAB CAN HAVE SOME DETRIMENTAL EFFECTS ON AN
20:04:34 ADJACENT WATERWAY, BUT CAN A SLAB HAVE EROSIVE EFFECTS
20:04:39 ON THAT ADJACENT WATERWAY IF IT IS SEVEN FEET AWAY?
20:04:46 >> I CAN'T -- I CAN'T SEE THE PICTURE, BUT I CAN SAY
20:04:51 THAT A SLAB HAVING -- OKAY, THERE WE GO.
20:04:56 SO I CAN'T SAY THAT THIS SLAB DOESN'T NECESSARILY HAVE
20:05:03 ANY IMPACT TO THIS DITCH AREA ALSO, THERE IS VEGETATION
20:05:08 RUNNING ALONG HERE THAT IF THERE WAS ANY SORT OF
20:05:12 RUNOFF, IT IS GETTING FILTERED BY THAT AS WELL.
20:05:16 SO THERE ARE TWO FACTORS OF FILTRATION THAT I AM
20:05:20 LOOKING AT THAT SAYS THIS IS NOT AN ISSUE FOR NATURAL
20:05:27 RESOURCES.
20:05:29 >>JOHN DINGFELDER: THANK YOU, MR. KNOX.
20:05:34 >> MR. SHELBY, POINT OF ORDER CAN ASK MR. KNOX A
20:05:34 QUESTION.
20:05:39 >>MARTIN SHELBY: IS THAT MR. MCATEER?
20:05:43 >> SHOULD I WAIT FOR REBUTTAL ON THAT?
20:05:45 >>MARTIN SHELBY: AT THIS POINT IN TIME, I GUESS
20:05:49 REBUTTAL WOULD BE APPROPRIATE.
20:05:51 >>JOHN DINGFELDER: HE WILL HAVE PLENTY OF TIME IN
20:05:53 REBUTTAL, MR. CHAIRMAN.
20:05:57 >> A TEN-SECOND QUESTION BUT I WILL FOLLOW THE
20:05:58 PROCEDURE THEIR FOLLOWING AT THIS POINT.
20:06:00 >>MARTIN SHELBY: MR. CHAIRMAN.
20:06:02 >>ORLANDO GUDES: MR. KNOX.
20:06:04 GO AHEAD AND ASK THE QUESTION.
20:06:06 >> MAY QUESTION IS SIMPLY THIS.
20:06:12 MR. KNOX, IS A CONCRETE SLAB PERMEABLE OR IMPERMEABLE?
20:06:15 WATER GET THROUGH THE GROUND OR RUN OFF OF IT.
20:06:17 >> IMPERMEABLE.
20:06:21 >> MULCH PERMEABLE OR IMPERMEABLE?
20:06:23 >> PERMEABLE.
20:06:27 >> WATER GOES INTO THE GROUND WHEN IT RAINS ON MULCH.
20:06:28 >> YES.
20:06:30 >> THAT IS ALL I NEED ASK YOU.
20:06:32 THANK YOU FOR YOUR TIME UNLESS YOU HAVE ADDITIONAL
20:06:36 QUESTIONS.
20:06:37 >>ORLANDO GUDES: ANY ADDITIONAL QUESTIONS?
20:06:48 ANYONE ON THE SECOND FLOOR TO SPEAK ON THIS?
20:06:49 >>JOHN DINGFELDER: MR. BRICKELL MYER.
20:06:56 >> MR. MURPHY WILL COME UP.
20:06:59 >> I ALSO HAVE MY ATTORNEY, MR. BRICKLEMYER SOMEWHERE
20:07:01 OUT THERE.
20:07:02 >> YEP.
20:07:05 IF I CAN SHARE MY SCREEN, I WILL TRY TO PICK THE RIGHT
20:07:18 ONE THIS TIME.
20:07:29 THERE WE GO.
20:07:36 ALL RIGHT, MOVING ON TO 21-48, FOR PROPERTY SETBACK 25
20:07:39 TO 7 FEET CONCRETE SLABS AS MENTIONED IN THE PREVIOUS
20:07:46 TESTIMONY, I THINK MR. MCATEER GOING THROUGH 27-60 AND
20:07:49 LET THAT STAND ON ITS OWN GIVEN THAT STAFF HAS REVIEWED
20:07:52 THOSE IN THE PROCESS OF APPROVING THESE.
20:07:54 I WILL RUN THROUGH A COUPLE OF ITEMS HERE AND IF YOU
20:07:56 HAVE ANY QUESTIONS, PLEASE STOP ME AS WE GO.
20:08:02 THIS IS A REVISED LETTER FROM NATURAL RESOURCES CATHY
20:08:09 BECK, ROBERTA MEADE OF A 25-FOOT SETBACK AND CAUSING IT
20:08:10 CONSISTENT.
20:08:13 SHE SAID IT WAS BUILT FIVE YEARS AGO.
20:08:16 SOME PARTS OF THE RECORD 2011, THAT IS WHAT MY CLIENT
20:08:20 SAYS, NOT CERTAIN, BUT EITHER WAY FIVE OR EIGHT YEARS
20:08:25 THAT THE CONCRETE SLAB HAS BEEN IN PLACE.
20:08:28 THE SECOND ITEM IN COUNCIL'S RECORD.
20:08:35 SHOWN AS FILE NUMBER DE1-24 -- BLAH-BLAH-BLAH, BRIAN
20:08:39 KNOX APPROVAL LETTER AS WE PREVIOUSLY SEEN IN STAFF.
20:08:42 YOU CAN SEE HERE THAT MR. KNOX FINDS THAT THE DE
20:08:45 REQUEST IS CONSISTENT WITH THE INTENT OF THE CODE PER
20:08:48 HIS PREVIOUS TESTIMONY.
20:08:53 HE DID REVIEW THE A-F OF 27-06 AS PART OF THAT
20:08:56 APPROVAL.
20:08:58 THE CONTINUANCE OF LETTER.
20:09:00 AN OVERHEAD FROM THE STAFF REPORT.
20:09:04 AND I JUST WANTED TO POINT OUT TO ORIENT COUNCIL AS TO
20:09:05 WHAT WE ARE TALKING ABOUT HERE.
20:09:11 REALLY THAT WETLAND AREA OF THE DITCH, CREEK, WHATEVER
20:09:14 WOULD YOU LIKE TO CALL -- LOOKS LIKE A DITCH TO ME BUT
20:09:17 THAT IS MY OPINION, IT DOESN'T LOOK LIKE A THRIVING
20:09:18 WETLAND.
20:09:24 THE BLUE LINE SHOWS THE WETLAND AS DELINEATED BY THE EP
20:09:27 C THAT CAME OUT AND IT THEIR DELINEATION.
20:09:31 AND THE PATH WHICH IS WHERE THE CURRENT CARPORT IS AND
20:09:35 THOSE SLABS ARE WITHIN THE WETLAND SETBACK'S LINE.
20:09:44 THE REDUCTION IS ON THE WETLAND SIDE THIS IS THE EPC
20:09:55 REVIEW LETTER FOR EPC VERY RUE 68658 AND FOR THE JOSEPH
20:10:00 MURPHY PROPERTY AS STIPULATED ON THE RECORD.
20:10:02 THIS WAS DONE ONLY FOR THE PURPOSE OF DELINEATING
20:10:06 AFTER-THE-FACT PERMITTING AND EXISTING IMPROVEMENTS
20:10:11 THROUGHOUT CITY OF TAMPA PLANNING REVIEW DEPARTMENT.
20:10:13 HOWEVER, CONTRARY TO WHAT HAS BEEN STATED THERE ARE WAS
20:10:17 A COMMENT FROM THE -- FROM THE COMMENT SHEET AND BLOW
20:10:21 IT UP SO YOU CAN READ IT AND FROM EPC, ADDRESSING THE
20:10:21 SAME THING.
20:10:25 SO I AM ASSUMING THAT I HAVE -- FROM EPC STAFF TO GET
20:10:29 THE ENTIRE PACKAGE BUT GIVEN IT IS RELATED TO THE
20:10:33 PROPERTY AND DATES ARE EXACTLY THE SAME SEPTEMBER 11,
20:10:37 2019 AS THE STAFF AS INDICATED IN THE OTHER LETTER.
20:10:40 IT SAYS THE PROJECT IS SUBMITTED TO MOVE FORWARD
20:10:43 THROUGH THE VARIANCE REVIEW PROCESS BACK WHEN WE
20:10:46 STARTED WITH THE VRB PROCESS.
20:10:49 THE SITE PLAN HAVEN'T CHANGED AND THE CONCRETE PADS
20:10:55 HAVEN'T CHANGED AND AT THE BOTTOM CON TARRY TO WHAT MR.
20:11:01 MCATEER SAID, AND NO VIOLATIONS OF CHAPTER 111 IS
20:11:01 EVIDENT.
20:11:05 CHAPTER 111 IS THE HILLSBOROUGH COUNTY ENVIRONMENTAL
20:11:06 PROTECTION CODE.
20:11:09 SO WHAT WE HAVE GOT HERE IS STAFF APPROVED IT, THE
20:11:13 ENVIRONMENTAL EXPERTS, WHICH I DON'T KNOW THAT MR.
20:11:20 MCATEER OR MR. GONZALEZ AND ENVIRONMENTAL THAT MR. KNOX
20:11:23 QUALIFIES AS HE IS RUNNING YOUR NATURAL RESOURCES STAFF
20:11:26 AND FOUND CONSISTENT FOR THE FOLLOWING REASONS:
20:11:32 CONSISTENT WITH THE CODE IN THIS PARTICULAR INSTANCE.
20:11:39 MCATEER WILL SAY YOU ARE CREATING A PRECEDENCE, BUT YOU
20:11:41 ARE REALLY NOT.
20:11:45 HE IS SAYING CONSISTENT WITH PREVIOUS CODE AND THAT
20:11:48 TAKING IT OUT WILL BE MORE DAMAGING TO THE AREA THAN
20:11:50 LEAVING IT AS IT IS.
20:11:52 GIVEN ALL THE FILTERING THAT WE HAVE AND THE RUNOFF
20:11:56 PREVENTION THAT WE HAVE WITH THE ST. AUGUSTINE GRASS
20:11:58 AND VEGETATION ALONGSIDE OF THE DISH.
20:12:03 AS I POINTED OUT ON PREVIOUS SLIDES SEPTEMBER 11, EPC
20:12:08 STAFF WENT OUT AND INSPECTED AND SIMILAR OF WHAT WAS
20:12:11 DATED IN JANUARY 9, 2020.
20:12:13 INSPECTION WAS SEPTEMBER.
20:12:15 THIS IS JANUARY 20 AND CAME BACK AND SAID THIS IS
20:12:21 PERMITTED AND THEY DON'T FIND ANY VIOLATIONS OF CHAPTER
20:12:21 11.
20:12:24 I APPRECIATE MR. GONZALEZ AND HIS LEGAL COUNCIL HAS
20:12:32 DONE A JOB OF OBJECT CITY GATING AND -- AND PROVIDED
20:12:36 SOME PICTURES IN THAT THAT DOESN'T SHOW WHAT A --
20:12:39 PURPORTS TO SHOW OF EROSION AND THIS SORT OF THING.
20:12:42 REALLY THE STAFF HAS FOUND BASED ON THEIR SCIENTIFIC
20:12:46 REVIEW AND MULTIPLE STAFF VISITS, WHICH IS ALSO ON THE
20:12:49 RECORD BY NATURAL RESOURCES OUT THERE AND EPC FINDING
20:12:54 THAT NO VIOLATION OF CHAPTER 111 IS EVIDENCE AND BASE
20:12:57 ON THAT, I REQUEST THAT THE COUNCIL CONSIDER VALIDATING
20:13:01 THE STAFF'S FINDING AND APPROVING THIS.
20:13:05 AND I DON'T KNOW IF MR. MURPHY HAS ANYTHING TO ADD OR
20:13:07 NOT.
20:13:08 >> I DO HAVE A COUPLE OF ITEMS.
20:13:09 THE DITCH.
20:13:11 I HAVE AN OVERHEAD OF THE DITCH.
20:13:14 YOU CAN SEE THIS IS AT LOW TIDE.
20:13:17 IF THIS WAS A SPRING-FED RIVER OR CREEK OR WHATEVER,
20:13:20 WOULD YOU SEE SUBSTANTIAL FLOW FROM THE DITCH.
20:13:23 THERE ARE ONLY TWO SOURCES OF WATER THAT REALLY HIT THE
20:13:23 DITCH.
20:13:28 SOMEONE AN OUTFLOW FROM A KOI POND IN THE RESIDENCE
20:13:33 BEHIND ME AND A 24-INCH STORM TRAIN PIPE THAT COMES
20:13:35 DOWN OLA, THE STREET OVER.
20:13:39 THE ONLY TWO SOURCES OF WATER THAT SUPPLY THE DITCH AT
20:13:40 LOW TIDE.
20:13:42 NOW THEY MENTIONED A SPRING.
20:13:47 AND IF YOU -- I WISH I HAD MR. GONZALEZ'S -- BUT THE
20:13:49 BOAT THIEVES SHOWING IS ACTUALLY AT THE MOUTH OF THE
20:13:53 DITCH AND SITTING AT LOW TIDE IN THE MUCK.
20:13:55 AND THEN HE SHOWS THE SPRINGHEAD.
20:14:00 AND THE SPRINGHEAD IS ACTUALLY IN THE CORNER OF HIS
20:14:01 PROPERTY IN THE RIVER.
20:14:09 HE HAS DONE SUCH A GOOD JOB OF FOCUSING IN ON THOSE TWO
20:14:12 ITEMS HE DOESN'T SHOW WHERE THE SPRINGHEAD OR WHERE
20:14:13 THAT BOAT IS.
20:14:16 THAT BOAT IS NEXT TO THE HOUSE ON THE RIVER ADJACENT TO
20:14:17 HIS HOUSE.
20:14:21 THIS IS MR. GONZALEZ'S HOUSE AND YOU SEE RIPRAP ON ONE
20:14:25 PART OF HIS EMBANKMENT AND ALSO HAVE CONCRETE.
20:14:29 OUT AT THE RIPRAP SIDE, NEXT TO THE RIVER, THAT IS
20:14:32 WHERE THE SPRING HEAD IS.
20:14:34 YOU CAN SEE IT BLOWING UP RIGHT THERE IN THAT PICTURE.
20:14:38 A CLEAR BLUER PART OF THE WATER.
20:14:41 THAT IS THE SPRINGHEAD.
20:14:42 SECONDLY, HE TALKS --
20:14:44 >>JOHN DINGFELDER: HOLD ONE SECOND.
20:14:48 CAN I ASK YOU A QUESTION ON THAT.
20:14:50 >>ORLANDO GUDES: MR. DINGFELDER, YOU ARE RECOGNIZED.
20:14:54 >>JOHN DINGFELDER: JUST FOR CLARITY, THE PETITIONER IN
20:14:59 THIS, MICHAEL GONZALEZ WHO TESTIFIED US TO EARLIER 6915
20:15:02 N. RIVER BOULEVARD.
20:15:02 >> CORRECT.
20:15:05 >>JOHN DINGFELDER: THIS IS HIS HOUSE THE GREEN HOUSE
20:15:06 WITH WHITE WINDOWS.
20:15:07 >> THAT'S CORRECT.
20:15:09 THAT IS HIS HOUSE.
20:15:11 >> THAT IS HIS CONCRETE WITH PATIO FURNITURE
20:15:15 IMMEDIATELY ADJACENT TO THE CREEK.
20:15:15 >> THAT'S CORRECT.
20:15:20 HE IS AT ZERO FEET ON TOP A BANK.
20:15:24 >>JOHN DINGFELDER: MAYBE MR. MCATEER WILL WANT TO TALK
20:15:27 OF THE DOCTRINE OF UNCLEAN HANDS.
20:15:27 GO AHEAD.
20:15:28 >> RIGHT.
20:15:32 SECONDLY, THEY TALK OF THE DRIVEWAY.
20:15:35 FOR ME TO GO THROUGH THE DEED PROCESS, I HAD TO GO
20:15:37 THROUGH TRANSPORTATION AND ALL THE DEPARTMENTS.
20:15:38 THEY SAW I HAD TWO DRIVEWAYS.
20:15:41 THEY SAID YOU HAVE TO REMOVE IT OR I CAN'T GO FORWARD.
20:15:43 I SAID I WILL REMOVE THE DRIVEWAY.
20:15:46 THEIR CONTENTION WAS THE DRIVEWAY STARTED AT THE FRONT
20:15:49 OF THE HOUSE AND WENT TO THE STREET.
20:15:50 IT WAS REMOVED.
20:15:53 IN THIS PICTURE HERE.
20:15:55 I DON'T KNOW IF YOU CAN SEE IT BUT UNDER THE BOAT AREA
20:15:57 ALL THIS IS FILLED IN WITH GRASS.
20:16:01 THIS IS A HAVE I GOOD AREA FOR PERCOLATING ANY TYPE OF
20:16:01 RUNOFF.
20:16:07 THE CONCRETE PAD ITSELF IS SET ON A SLOPE SO IT DRAINS
20:16:10 ANY RAIN WATER THAT MAY BE ON IT ALL THE WAY TO THE
20:16:12 FRONT OF THE PROPERTY WHETHER I THEN GO INTO THIS AREA
20:16:14 AND PERCOLATE INTO THE GROUND.
20:16:21 AND AS WE MENTIONED EARLIER, THE -- THE -- THERE IS NO
20:16:26 EROSION ON THE SIDE OF THE HOUSE AND HERE IS ANOTHER
20:16:29 PICTURE OF IT, SEVEN FEET.
20:16:32 SEVEN AND A HALF FEET AND MEASURED BY EPC AND ALL OF
20:16:33 THIS IS GRASS.
20:16:35 AND THERE IS NO EROSION.
20:16:39 AND I WISH I HAD SOME OTHER PICTURES -- MR. GONZALEZ
20:16:43 HAVE SOME THAT HE SAYS IS EROSION, AND NO EROSION.
20:16:46 SECONDLY, WHY IS IT A DITCH?
20:16:47 THE HISTORY OF THE PROPERTY.
20:16:49 THE HISTORY AND HERITAGE OF THAT AREA.
20:16:52 IN THE AREA A SPA THERE.
20:16:54 A GULF SPRINGS.
20:16:57 AND THIS IS WHAT -- AND WHERE OUR HOUSES ARE BUILT.
20:16:59 NOWHERE ON HERE DO YOU SEE A CREEK.
20:17:03 IT WAS ALL DUG IN BECAUSE THE DEVELOPER WANTED TO
20:17:07 CREATE WATERFRONT PROPERTY FOR THAT AREA.
20:17:10 HE WENT IN THERE AND STARTED DIGGING, HIT LIMESTONE
20:17:12 THAT BASICALLY YOU CAN NOT MINE.
20:17:15 AND IT ENDED UP THAT HE SOLD THEM ALL OFF, INCLUDING
20:17:18 ALL THESE POOLS WERE FILLED IN AND MR. GONZALEZ'S
20:17:27 PROPERTY IS TO THAN THEIR PART.
20:17:31 MINE IS ON THE MIDDLE AND MINE IS WHERE THE STREET IS
20:17:36 CURRENTLY BUT NO CREEK ANYWHERE IN THIS PICTURE ON THE
20:17:38 NORTH OR SOUTH SIDE OF THE POOLS.
20:17:41 AND RIGHT HERE IN THIS LITTLE SPACE RIGHT HERE IS
20:17:45 BASICALLY WHERE THE SPRING THAT MR. GONZALEZ SAID IS
20:17:51 LOCATED IN THE RIVER AT THAT LOCATION RIGHT THERE.
20:17:53 AND THIS IS THE HISTORY OF THE AREA.
20:17:55 THE DITCH IS A DITCH.
20:17:59 I SPOKE TO HILLSBOROUGH COUNTY DITCH CLEANING --
20:18:00 WHATEVER THAT DEPARTMENT IS.
20:18:03 AND I ALSO TALKED TO TAMPA STORMWATER.
20:18:06 THIS DITCH IS NOT EVEN ON THEIR RADAR.
20:18:08 IT IS NOT IN ANY OF THEIR PLANS.
20:18:09 THERE ARE NO EASEMENTS.
20:18:13 I OWN LITERALLY TO THE MIDDLE OF THE CREEK AND ON THE
20:18:15 OTHER SIDE -- I SAY DITCH.
20:18:19 ON THE OTHER SIDE THAT NEIGHBOR OF THE MIDDLE OF THE
20:18:19 DITCH.
20:18:23 THERE IS NO CLEAN-OUT EASEMENTS, NO UTILITY EASEMENTS,
20:18:27 NO WATER DRAINAGE EASEMENTS, NOTHING.
20:18:30 IT WAS NEVER, NEVER PLATTED AS SUCH.
20:18:33 AND JUST WANTED TO BRING THAT UP.
20:18:37 THAT, YOU KNOW, THEY ARE DOING A GOOD JOB OF DEPICT NAG
20:18:40 THERE IS ALL THIS ENVIRONMENTAL ISSUES GOING ON.
20:18:41 IT IS NOT.
20:18:43 IT IS VERY STABLE.
20:18:47 NO EROSION AND THAT HAS BEEN SHOWN BY MR. KNOX AND EVEN
20:18:52 BY THE EPC DEPARTMENT AND ALSO BY THE STORMWATER
20:18:56 DEPARTMENT AND HILLSBOROUGH DISH REMEDIATION
20:19:01 DEPARTMENT.
20:19:02 OKAY.
20:19:06 NOTICE THERE ARE SOME QUESTIONS THAT YOU MAY HAVE.
20:19:11 >>ORLANDO GUDES: NO, NO QUESTIONS.
20:19:16 I GUESS WE WILL GO BACK TO MR. GONZALEZ AND MR. MCATEER
20:19:39 TO BRING THIS THING IN FOR A LANDING.
20:19:40 >> THANK YOU, MR. CHAIR.
20:19:43 MY COMMENTS WILL BE VERY SHORT AND LET MR. GONZALEZ
20:19:46 SPEAK TO THE STRUCTURE ON HIS PROPERTY THAT WAS POINTED
20:19:49 OUT TO BY MR. MURPHY.
20:19:56 AGAIN, WANT TO EMPHASIZE AND THIS IS PER -- PER THE
20:19:59 CODE AND NEED TO STAY CONSISTENT WITH THE COMPREHENSIVE
20:20:07 PLAN AND POLICY 1.7 -- 1.17.1, WETLANDS AND UPLANDS
20:20:10 WITH SIGNIFICANT WILDLIFE HABITAT FOR UNIQUE
20:20:15 ENVIRONMENTAL SUCH AS SPRINGS AND SINKHOLES WILL BE
20:20:17 PRESERVED THROUGH PERMITTING PROCESS.
20:20:19 WHICH IS A PROBLEM BECAUSE NONE OF THIS HAS BEEN
20:20:20 PERMITTED.
20:20:24 THE CONCRETE DRIVEWAY REMOVED AND REPLACED WITH MULCH
20:20:30 WHICH MR. KNOX HAS TESTIFIED IS PERMEABLE.
20:20:33 IT WAS REMOVED BECAUSE -- HE WAS CITED AND IT WAS
20:20:34 REMOVED.
20:20:41 THE PAD THAT WILL REMOVE WITHOUT THE CARPORT WILL BE
20:20:45 IMPERMEABLE AND INSTALLED WITHOUT A PERMIT.
20:20:48 HE WENT THROUGH PROCESSES AND HAD THE DESIGN EXCEPTION
20:20:50 LOOKED AT BUT NOT GETTING A PERMIT.
20:20:54 THAT IS ASKING FORGIVENESS RATHER THAN PERMISSION.
20:20:56 THAT IS EXACTLY WHAT IT IS.
20:21:00 AS FOR THE LOCATION OF SPRINGS AND AS TO THE FEATURES
20:21:01 ON THE LOT.
20:21:04 ON MR. GONZALEZ'S HOUSE WHICH WAS BUILT -- THE HOUSE
20:21:08 WAS BUILT VIA PERMIT IN 2009.
20:21:11 OTHER THAN -- AND THAT -- THAT IS CITY RECORD.
20:21:14 BUT I WILL HAVE HIM SPEAK TO THE STRUCTURE THAT MR.
20:21:16 MURPHY POINTED OUT.
20:21:20 >>ORLANDO GUDES: MR. MCATEER, SO I CAN BE CLEAR.
20:21:27 YOUR CLIENT IS ASKING TO PULL UP THIS CONCRETE SLAB.
20:21:32 AND NATURAL RESOURCES SAY IT CAN BE A DETRIMENT IF WE
20:21:36 PULL UP THE CONCRETE PAD.
20:21:38 >> THAT IS -- THE PARAGRAPH IS DIFFICULT BECAUSE THEY
20:21:40 ALSO SAID THE COUNTY SAID THAT WHICH THE COUNTY NEVER
20:21:42 SAID THAT.
20:21:45 BUT THAT IS -- MY UNDERSTAND OF THE COUNTY -- SORRY,
20:21:48 APOLOGIZE, OF THE CITY'S POSITION WHICH I AM TRYING TO
20:21:53 REBUT BY NOTING THAT THIS -- I DON'T UNDERSTAND
20:21:58 PERSONALLY DON'T UNDERSTAND HOW REMOVAL OF THIS -- OF
20:22:03 THE DRIVEWAY WHICH HE WAS FORCED TO DO AND REPLACED
20:22:04 WITH MULCH.
20:22:06 >>ORLANDO GUDES: HE WAS FORCED TO MOVE IT UP TO THE
20:22:11 POINT OF -- OF THE EAVE OF HIS PROPERTY -- OF HIS
20:22:15 HOUSE, CORRECT?
20:22:16 >> AT THAT POINT, YES.
20:22:21 BUT STILL WITHIN THE SETBACK, AND IS NOW GOING TO BE AN
20:22:25 IMPERMEABLE PAD THAT IS GOING TO -- AND YOU HAVE SEEN
20:22:27 THE PHOTOGRAPHS.
20:22:30 >>ORLANDO GUDES: YOUR KLEIN'S ONLY CONTENTION IS THAT
20:22:31 HE DIDN'T HAVE A PERMIT.
20:22:36 AND THAT -- THAT IS THE ISSUE.
20:22:37 >> LET ME LET --
20:22:40 >>ORLANDO GUDES: LET HIM SPEAK BECAUSE I AM CONFUSED.
20:22:41 >> MICHAEL GONZALEZ.
20:22:44 I HAVE BEEN SWORN IN.
20:22:48 THE PAD THAT MY GRANDFATHER PUT IN, EVERYTHING ON MY
20:22:52 PROPERTY IS PERMITTED, BUT THE REASON HIS WAS, I
20:22:55 BELIEVE, ALLOWED WHEN I BUILT MY NEW HOUSE, WE HAD A
20:22:58 DISCUSSION WITH THAT WITH THE INSPECTORS BECAUSE IT HAS
20:22:59 BEEN ENGINEERED.
20:23:03 LIKE THE RIVER ROCKS, YOU HAVE A CONCRETE PAD AND
20:23:05 CONCRETE SEAWALL.
20:23:10 THERE IS NO EROSION, THAT IS WHY HE ALLOWED IT.
20:23:15 ON THE SIDE OF MY HOUSE WHERE I HAVE A PAD WHERE I KEEP
20:23:17 THE GARBAGE CANS.
20:23:19 THEY MADE ME PUT PAVERS.
20:23:23 ON SIDE OF MY HOUSE I COULD NOT POUR CONCRETE OR A
20:23:25 CIRCULAR DRIVEWAY.
20:23:29 THE ONLY EXCEPTION IS TO PUT THESE PAVERS SO FAR FROM
20:23:34 THE HOUSE BECAUSE THEY ARE IMPERMEABLE.
20:23:39 MR. MURPHY'S PROPERTY, REATTACH THE CONCRETE, BUILD A
20:23:43 SEAWALL AND INTO OTHER ISSUE LIKE ANY OTHER ENGINEERED
20:23:45 CONCRETE PAD NECK TO A WATERWAY.
20:23:49 THE WATER WILL GO RIGHT OFF AND NO EROSION.
20:23:51 THAT IS THE ISSUE.
20:23:55 THE ISSUE OF WHAT HE CREATED WILL CAUSE A DETRIMENT TO
20:23:58 THE STREET I LIVED ON, MY KIDS HAVE LIVED ON, MY
20:23:59 GRANDPARENTS.
20:24:02 I AM WATCHING IT DETERIORATE IN FRONT OF MY EYES AND AN
20:24:07 EASY FIX TO ATTACH THE CONCRETE TO A SEAWALL OR REMOVE
20:24:10 THE CONCRETE SO IT PERSONAL NIGHTS INTO THE GROUND.
20:24:12 I HOPE I ANSWERED YOUR QUESTION.
20:24:18 >>ORLANDO GUDES: THANK YOU, SIR.
20:24:21 >> ANY ADDITIONAL QUESTIONS FOR US?
20:24:26 >>ORLANDO GUDES: ANY ADDITIONAL QUESTIONS?
20:24:28 NO ADDITIONAL QUESTIONS.
20:24:31 MOVE TO CLOSE FROM MR. MANISCALCO.
20:24:33 SECOND.
20:24:34 >>JOHN DINGFELDER: SECOND.
20:24:36 >>LUIS VIERA: SECOND.
20:24:40 >>ORLANDO GUDES: SECOND BY MR. VIERA.
20:24:42 >>JOHN DINGFELDER: THIS ONE I HAVE A MOTION ON IF YOU
20:24:43 WANT IT.
20:24:45 MR. CHAIR.
20:24:46 >>ORLANDO GUDES: MR. DINGFELDER.
20:24:49 >>JOHN DINGFELDER: THANK YOU.
20:24:54 SO I WILL -- I WILL MOVE TO UPHOLD THE NATURAL RESOURCE
20:24:58 COORDINATOR AND HEREBY APPROVE DESIGN EXCEPTION
20:25:03 APPLICATION DE 1-20-148 BECAUSE THE APPLICATION IS
20:25:09 CONSISTENT WITH STANDARDS SET FORTH IN SECTION 2060 E
20:25:14 5, SPECIFICALLY AS POINTED OUT BY MR. KNOX IN HIS
20:25:18 LETTER APPROVING THIS, AS WELL AS THE TESTIMONY WHICH
20:25:20 HAVE HEARD THIS EVENING.
20:25:25 I WON'T MARCH THROUGH ALL THE CRITERIA, BUT I DO NOT
20:25:28 BELIEVE BASED ON THE TESTIMONY WE HAVE HEARD AND THE
20:25:31 ONLY EXPERT WE HEARD FROM TONIGHT IS MR. KNOX.
20:25:33 EVERYBODY ELSE IS LAY.
20:25:37 LAYPERSONS AND OR ATTORNEYS.
20:25:41 MR. KNOX, OUR EXPERT, INDICATED CLEARLY THAT THE --
20:25:48 THIS MEETS THE CRITERIA OF 5 A-F, AND SPECIFICALLY I
20:25:51 WILL SAY THAT DOES NOT WE ARE FEAR WITH THE RIGHTS OF
20:25:58 OTHERS IN THIS CHAPTER OR INJURIOUS TO THE HEALTH, SAFE
20:25:59 AND WELFARE.
20:26:02 I BELIEVE THEY MEET THE CRITERIA AND MR. KNOX INDICATED
20:26:07 HE DID AS WELL AND I WILL RELY ON HIS EXPERTISE IN HIS
20:26:07 LETTER.
20:26:10 I DO WANT TO POINT OUT THAT IN THE ORIGINAL APPROVAL
20:26:15 LETTER, HE -- WHAT HE SAID AND WHAT I READ WAS, IT SAID
20:26:20 "AFTER REVIEW BY THE CITY AND THE EPC" THEN HE CAME TO
20:26:22 THOSE FOLLOWING CONCLUSIONS.
20:26:25 HE WASN'T JUST CITING TO THE EPC.
20:26:28 HE WAS ALSO CITING TO HIMSELF AND ANYBODY HOLES
20:26:30 REVIEWED IT FOR THE CITY.
20:26:34 SO WITH THAT -- ANYBODY ELSE WHO WOULD REVIEW IT FOR
20:26:35 THE CITY.
20:26:38 WITH THAT I WOULD UPHOLD THE ZONING ADMINISTRATOR
20:26:39 DECISION.
20:26:42 >>GUIDO MANISCALCO: SECOND.
20:26:43 >>ORLANDO GUDES: ROLL CALL.
20:26:45 >>LUIS VIERA: YES.
20:26:48 >>JOSEPH CITRO: NO.
20:26:49 >>GUIDO MANISCALCO: YES.
20:26:51 >>JOHN DINGFELDER: YES.
20:26:52 >>BILL CARLSON: NO.
20:26:54 >>ORLANDO GUDES: YES.
20:26:56 >>CHARLIE MIRANDA: NO.
20:27:00 >>CLERK: MOTION CARRIED WITH CARLSON, MIRANDA AND
20:27:05 CITRO VOTING NO.
20:27:07 >>ORLANDO GUDES: ALL RIGHT, GENTLEMEN.
20:27:16 MR. VIERA -- SORRY, MISS SUSAN JOHNSON-VELEZ HAS SOME
20:27:23 INFORMATION.
20:27:28 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT ATTORNEY.
20:27:34 SINCE WE HAVE AN AB NIGHT, WE HAVE A MEMO DATED TO
20:27:38 COUNCIL DATED MAY 25 OF NEW LEGISLATION PASSED IN THIS
20:27:40 NEW SESSION AND SIGNED BY THE GOVERNOR TWO WEEKS AGO
20:27:44 THAT PERMANENTLY ALLOWED NOW CONTINUATION OF A
20:27:47 SITUATION THAT WAS CREATED WHEN THE GOVERNOR ISSUED AN
20:27:50 EXECUTIVE ORDER DURING THE EARLY DAYS OF THE COVID
20:27:54 PANDEMIC THAT ALLOWED RESTAURANTS TO SELL AND DELIVER
20:27:58 ALCOHOLIC BEVERAGES IF THAT WAS ACCOMPANIED BY A SALE
20:27:59 OF FOOD.
20:28:02 SO THAT HAS BEEN DONE FOR PAST YEAR OR SO UNDER THE
20:28:06 GOVERNOR'S EXECUTIVE ORDER AND THE LEGISLATURE PASSED A
20:28:08 LAW THAT MAKES IT PERMANENT.
20:28:12 AS YOU ARE AWARE WHEN YOU ADOPT ALCOHOLIC BEVERAGE
20:28:17 ORDINANCES DO YOU SPECIFY IF FOR ON-PREMISE OR
20:28:20 OFF-PREMISE PACKAGE SALES.
20:28:22 MAY BE IMPACT TO CODE PROVISIONS.
20:28:24 AND I WILL BE WORKING WITH YOUR DEVELOPMENT AND GROWTH
20:28:27 MANAGEMENT STAFF TO DETERMINE WHAT THE BEST AVENUE IS
20:28:29 FOR ANY CHANGES THAT MAY NEED TO TAKE PLACE AS A RESULT
20:28:31 OF THIS NEW LEGISLATION.
20:28:34 I DID WANT TO VERBALLY REVIEW KIND.
20:28:37 MEMO, AND LET YOU KNOW THAT I AM HAPPY TO ANSWER ANY
20:28:39 QUESTIONS IF YOU HAVE THEM AND WILL BE COMING TO YOU
20:28:41 WITH AN UPDATE AFTER I MEET WITH STAFF.
20:28:45 I HAVE AN INITIAL MEETING WITH STAFF TOMORROW.
20:28:49 >>JOSEPH CITRO: MR. CHAIR, IF I --
20:28:50 >>ORLANDO GUDES: YOU ARE RECOGNIZED.
20:28:53 >>JOSEPH CITRO: I WILL MAKE IT BRIEF.
20:28:55 THANK YOU, MISS SUSAN JOHNSON-VELEZ.
20:28:59 DO YOU KNOW OF OTHER CITIES, COUNTIES THAT ARE FIGHTING
20:28:59 THIS.
20:29:01 >>SUSAN JOHNSON-VELEZ: I AM NOT AWARE BUT PART OF THE
20:29:04 REVIEW LOOK AT HOW CITIES AND COUNTIES ARE IMPLEMENTING
20:29:05 NEW LAW.
20:29:08 >>JOSEPH CITRO: ADDS A WHOLE NEW MEANING TO OPEN
20:29:09 CONTAINER.
20:29:10 THANK YOU VERY MUCH.
20:29:13 >>SUSAN JOHNSON-VELEZ: A PROVISION IN THE LAW THAT
20:29:16 SAYS THAT ALCOHOL BEVERAGES IN THIS LAW ARE NOT
20:29:18 CONSIDERED OPEN CONTAINER.
20:29:19 I UNDERSTAND WHAT YOU ARE SAYING.
20:29:23 >>JOSEPH CITRO: ANY TYPE OF ALCOHOLIC DRINK IN THE CAR
20:29:26 IS CONSIDERED AN OPEN CONTAINER BUT I UNDERSTAND.
20:29:27 >>SUSAN JOHNSON-VELEZ: THANK YOU.
20:29:30 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
20:29:30 .
20:29:31 >>ORLANDO GUDES: MR. VIERA, ANYTHING?
20:29:33 >>LUIS VIERA: I ACTUALLY DO.
20:29:36 MR. CHAIR ON JUNE 17, I WOULD LIKE TO HAVE -- ALL OF
20:29:38 YOU KNOW TIFFANY KLEIN.
20:29:41 HAVE YOU EVER HAD A COVID SCARE LIKE I DID ABOUT 12
20:29:47 TIMES OVER THE LAST YEAR, YOU CALL TIFFANY AND ALL OF
20:29:50 OUR CITY EMPLOYEES -- AND I THINK A NICE FOR A CITY
20:29:54 COUNCIL COMMENDATION FOR ALL OF HER WORK JUNE 17 AT 9
20:29:54 A.M.
20:29:58 WE HAVE OUR FRIENDS AT THE URBAN LEAGUE COMING AND
20:30:01 GIVEN THE FACT THAT WE WILL HAVE FIRST RESPONDERS AND
20:30:04 CITY EMPLOYEES HERE, I WOULD LIKE THAT TO BE IF I MAY,
20:30:08 MR. CHAIR, FIRST ON THE AGENDA.
20:30:11 >>GUIDO MANISCALCO: SECOND.
20:30:14 >>ORLANDO GUDES: MOTION BY MR. VIERA AND SECOND BY MR.
20:30:15 MANISCALCO.
20:30:17 ALL IN FAVOR?
20:30:18 ANY OPPOSED.
20:30:21 >>LUIS VIERA: THAT'S IT, SIR.
20:30:22 >>ORLANDO GUDES: MR. MANISCALCO.
20:30:24 >>GUIDO MANISCALCO: NO, NOTHING TONIGHT, SIR.
20:30:26 >>BILL CARLSON: NO, THANK YOU.
20:30:28 >>JOSEPH CITRO: NOTHING TONIGHT.
20:30:30 >>JOHN DINGFELDER: NOTHING, SIR.
20:30:31 >>ORLANDO GUDES: MR. MIRANDA.
20:30:34 >>CHARLIE MIRANDA: YES, SIR, I DO, SIR.
20:30:36 ONLY FOURTH TIME IN 140 YEARS THAT THIS EVENT HAS
20:30:40 OCCURRED.
20:30:42 AND I WASN'T HERE 140 YEARS AGO.
20:30:45 MR. DINGFELDER, I SEE YOU SMILING.
20:30:51 THE ACADEMY OF HOLY NAMES HIGH SCHOOL DIVISION 3 HIGH
20:30:54 SCHOOL GIRLS WON THE STATE CHAMPIONSHIP A FEW YEARS AGO
20:30:56 -- A FEW DAYS AGO, I MEAN.
20:30:58 AND THIS IS ONLY THE FOURTH TIME IN THE HISTORY OF THE
20:31:05 SCHOOL AND 140-YEAR HISTORY SINCE 1881 THAT THEY WON
20:31:08 ANY TYPE OF HIGH SCHOOL CHAMPIONSHIP.
20:31:12 THE LAST ONE WAS IN BASKETBALL IN 1996.
20:31:18 AND TO MY SURPRISE, OUR OWN SHERISHA HILLS FROM PARK
20:31:20 AND RECREATION WAS ON THAT BASKETBALL TEAM.
20:31:22 >>ORLANDO GUDES: OH, WOW.
20:31:24 >>CHARLIE MIRANDA: I LEARN SOMETHING EVERY DAY AND I
20:31:27 WOULD LIKE TO HAVE THE YOUNG LADIES COME JUNE 3 AT 9
20:31:31 A.M. WITH THEIR COACHES TO MAKE A COMMENDATION TO EACH
20:31:34 ONE OF THE GIRLS.
20:31:36 >>JOSEPH CITRO: SECOND.
20:31:38 >>JOHN DINGFELDER: QUESTION ON THE MOTION.
20:31:40 >>ORLANDO GUDES: QUESTION ON THE MOTION, YES, SIR.
20:31:42 >>JOHN DINGFELDER: CHIEF OF STAFF BENNETT'S DAUGHTER
20:31:45 WAS ON THE TEAM THE OTHER DAY.
20:31:47 >>CHARLIE MIRANDA: I GIVE CREDIT TO THE MOTHER OF THE
20:31:48 GIRL.
20:31:49 [LAUGHTER]
20:31:51 >>JOHN DINGFELDER: YEAH, SHE WAS INVOLVED TOO.
20:31:53 >>ORLANDO GUDES: MOTION ON THE FLOOR.
20:31:54 ALL IN FAVOR.
20:31:55 ANY OPPOSED.
20:31:56 ALL RIGHT.
20:31:57 MOTION PASSES.
20:32:00 MOTION TO RECEIVE AND FILE.
20:32:01 >>CHARLIE MIRANDA: SO MOVED.
20:32:02 >>JOSEPH CITRO: SECOND.
20:32:05 >>ORLANDO GUDES: WE ARE ADJOURNED.
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