Ready? Wait a minute. Let's turn the camera on. There we are. All right. Well, good evening, ladies and gentlemen. Welcome to the city of Halia Planning Zoning Board meeting for Wednesday, January 28th. Everyone please rise for the invocation and the pledge of allegiance. Lord, we thank you for we ask that you watch over us, guide us, grant us the wisdom to make the right decisions for all those involved. Amen. Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. biggest, short, sweet, and to the point >> meeting guidelines. The following guidelines apply to today's planning and zoning board meeting. Any person interested in making comments or posing questions on any item on the agenda may do so during the meeting. Individuals should be respectful of the planning and zoning board members and make effort to speak with moderate moderate tone using appropriate language and avoiding personal attacks. The public can view the planning and zoning board meetings on the city's YouTube page. All lobbyists must register with the planning and zoning board prior to item being heard. A maximum of four speakers in favor and four speakers in opposition will be allowed to address the planning and zoning board on any item. Each speaker's comments will be limited to three minutes. Item number one, roll call. Mr. Perez >> here. >> Mr. Mason >> here. >> Mr. >> here. >> Mr. Kabahal >> present. >> Mr. Huge >> here. Mr. Morales >> here. >> Mrs. Ericas >> here. We have a quorum. Item number two, approval of planning and zoning board summary agenda of January 14th, 2026 as submitted. >> Motion to approve. >> Second that motion. >> We had a motion by Mrs. Enriquez. Second by Mr. Mr. Mason. >> Yes. >> Mr. >> Yes. >> Mr. Carbajar does not vote because he was not present at last meeting. Mr. Morales. >> Yes. >> Mr. >> Yes. Mrs. Henriquez. >> Yes. Mr. Perez. >> Yes. >> Item has been approved. Administration of oath to all applicants and anyone who will be speaking before the board in any item. >> Anyone and everyone that's going to speak in front of the board, please stand and raise your right hand so we can swear. Do you swear or affirm the truth? Do you swear or affirm to tell a truth before this board? >> Thank you. Let the record show Let the record show the answers on the affirmative. >> A written decision and resolution will be prepared and presented for review to the city council. The city council is authorized to affirm, affirm with conditions or override the decisions by resolution. After the resolution is adopted, contact the member of the city clerk's office to obtain a copy of the final decision and resolution. Upon your receipt of the final decision and resolution, contact the building department to obtain your required building permit. Summary minutes or a copy of the audio file, the proceedings before the planning and zoning board shall be prepared and submitted to the city council before its hearing. The planning and zoning board recommendations for the following public hearing request will be heard by the city council at a scheduled meeting of Tuesday, February 24th, 2026. Item number three, final decision to allow an interior westside setback of 2 feet 9 in where 6 feet are required for an existing aluminum roof to be legalized. to allow zero feet where six feet are required for a wood covered terrace to be legalized and to allow a rear setback of 5.77 feet where 20 ft are required for an existing aluminum roof terrace to be legalized. Properties located at 161 East 43rd Street Helios R11 family District applicant Kenia Gonzalez Moreno. Name and address please. performance. Okay. Okay. Okay. Okay. The property in this application is located on the north side of East 43rd Street between Palm Avenue and East 2nd Avenue. The lot is approximately 8,280 square ft or.19 acres. The site is improved with a 2,89 ft single family home originally built in 1952. According to Miami Day County property appraisals records, the property is designated as low density residential on the city's land in the city's future land use map and the zoning classification is R1 one family district which is consistent therewith. A review of the city microf's records indicate that the main residence was originally constructed with three bedrooms and two bathrooms under permit number 195217606. Records further show that several improvements were permitted, including a furry room addition under permit number 1970-8191, a swimming pool permit number 1981-1621, a concrete fence under permit number 1881-1879 and a driveway under permit number 1882-630. In April 2025, the property owner received a building without a permit violation under case number BWOP-00001117-2025 for failing to obtain permits for aluminum roofs, windows, and doors as well as a structural constructor at the rear of the property. The owner subsequently applied uh for building permits and obtained uh building permit BLDR-0100044-2025 to demolish two aluminum roofs located at the rear of the property to the east side and a building permit to legalize the windows and doors under permit number BLDR-011225-2 2025. During the Sonic review, a staff determined that certain existing structures proposed for legalization do not comply with the required setback and distance separation requirements of the city of Halia code of ordinance, which is why the request is being heard today. The property owner is before the city uh seeking approval for several structure used as terraces including an aluminum roof structure located on the west side of west side of the property identified as terrace terrace number four on the site plan. This structure provide an interior westside setback of 2 feet 9 in where six feet are required. A sta staff finds that this reduction setback does not negatively impact adjacent property as the structure is not built to the property line and roof runoff does not and and water runoff does not drain into neighboring properties. Um there is also an existing wood terrace, good cover terrace located on the west side of the property identified as terrace number two on the site plan which has a zero foot setback where six feet are required. A staff met with the property owner December 29, 2025 at which time the owner was informed that civil plans addressing um roof or rain runoff water must be submitted as part of the building permit application for the legalization of the terrace of the wood covered terrace. This requirement is intent in intended to ensure that a storm water runoff from the cover roof does not adversely impact adjacent property to the west as the structure is built directly along the property lines. Additionally, there is an existing aluminum roof terrace located on the north side of the property identified as terrace number three on the site plan which provides a rear setback of 5.77 where 20 ft I require. Stani staff finds that this reduced setback does not negatively impact adjacent property as the structure is accessory in nature, low in height and does not encroach into neighboring properties. Approval will allow the terrace to be legalized and bring the property into compliance with code. The submitted site plan does not demonstrate compliance with the minimum 30% of the pvious area requirements which was discussed during the with the property owner at the time of the meeting. The site plan must be revised to reflect the minimum of 2,484 square feet of previous area throughout the lot. In addition, the site plan must show a minimum of two feet of drainage separation on both the west and east side of the driveway to comply with the drainage requirements except in the area where the terrace number two is located. Lastly, despite the alteration made to the site, the property remains compatible with the surrounding single family residential neighborhood character. Estab recommends approval um of the request subject to the following conditions. Number one, the applicant shall apply for and obtain a building permit to legalize the existing roof terraces in order to resolve the code violation. And two, the existing roof terraces shall remain open on all sides. And three, the site plan shall be revised to demonstrate compliance with the minimum 30% of the pvious area requirement, providing a minimum of 2,484 square ft of pvious area throughout the lot. And four, the site plan shall indicate a minimum of two feet of drainage separation on both the west and east side of the driveway in compliance with the city drainage requirements. And five, civil plans addressing runoff uh and storm water drainage shall be submitted as part of the building permit application for the legalization of the roof terraces particularly for terrace number two to ensure the runoff does not adversely impact adjacent properties. N6. No additional expansions, enclosures or modification of the existing roof terraces shall be permitted unless through the appropriate permitting and son review process. Recommendation staff um approval with conditions. Okay. Miami. Florida room. Notific. Construction. Personic [clears throat] APS. Yes. Fore constru instruction. >> [clears throat] >> for reschedee. The construction for construction. >> [clears throat] >> Did you understand that? >> Okay. Should she get a copy of all the conditions? >> She got it. >> She got it. >> Yeah. >> Okay. >> Okay. Thank you. Comments or questions? >> No. >> Comments or questions from the board? Anyone in the audience have a comment or question? Okay. Closes the part of the public hearing. Was the pleasure of the board. >> Motion to approve with conditions. >> Second. and a motion with additions. >> So we have a motion by Mrs. Zenica, second by Mr. >> Mr. Mason. >> Yes. >> Mrs. Enriquez. >> Yes. >> Mr. Perez. >> Yes. >> Mr. Morales. >> Yes. >> Mr. Yuj. >> Yes. >> Mr. Carbajal. >> Yes. >> Mr. >> Yes. >> Item has been approved with conditions. >> Gracias. >> Thank you. >> Okay. So, item number four was a postponed item from last meeting, but we're going to uh keep it postponed until further notice. Okay. So, no action on item number four. Let me read the address. 495 West 39th place. >> Okay. So, these two items were final decisions. So, there's no more final decisions on the agenda. >> No, >> we're going to go ahead and move on to the regular PNZ board uh meeting. It's only two items. So, variances. So item number five, variance permit to allow the construction of a single family home on a substandard lot having a total area of approximately 5,820 ft or 7,500 ft is the minimum required and to allow a lot width of 60 ft where 75 ft is the minimum required. Properties located at 425 East 52nd Street, Haley or one one family district. applicant Terasita uh DJ Josias and Douglas de Jesus Vos. >> Name and address, please. Make sure the >> sure supposed to be this. >> Make sure the microphone is green. >> Okay. >> Thank you. Name and address. >> And the address is 425 East 52nd Street. >> Thank you. The property in this application is located on the north side of the East 52nd Street between East 4th Avenue and East 5th Avenue. The site is approximately 5,820 ft or.13 acres according to Miami Day County Property Appraisals Record. The property was originally platted in 1929 as a 60 foot wide and 97 foot deep lot under plat book 33, page 28 and has remained vacant since that time. The site is designated low density residential on the city's future land use map and is zone R1 one family district which is consistent there with the surrounding land use designation and zoning classification as are followed to the north the little river canal followed by a low density residential zone R1 to the east south and west low density residential zone R1 in November 2025 a building permit for the new construction of a single family residence was submitted to the building department under permit number BLDR-011370-2025. During the permit review, a staff determined that a variance was required to allow construction on a substandard lot and that a site plan and concurrency application would also be needed to be submitted. As a result, the property owner is before the city requesting a variance to allow the construction of a single family home on a lot containing approximately 5,820 square feet where the minimum um of 7,500 ft² is required and with a lot width of 60 ft where the minimum width is 75 ft is required. According to the submitted plans, the proposed development consists of a 259 square foot one-story single family residence designed to include three bedrooms and three bathrooms, a kitchen, dining room, l um living room, laundry room, an office, and a room labeled as a guest room or a storage. The submitted site plan demonstrate compliance with the required front, rear, and size setback regulations. In addition, the projects provide 2,911.3 ft or approximately 50% of previous area which exceed the minimum 30% requirement. Based on the staff analysis, the subject lot was plied was plotted prior to the adoption of the minimum lot width and minimum lot area requirements of the city of Helia code of ordinances. As such a fine staff finds the variance request to be minimal and reasonable. The proposed development will improve the long vacant lots, uh provide compatible infield development, create ownership opportunities, and enhance the overall character of the neighborhood. The Department of Public Works has confirmed that the site is served by pump station 30-348, which is currently in okay status. Additionally, a concurrency management application h will be submitted by the staff to Miami Day County Public School once the owner submit a site plan and concurrency application in order to determine whether the surrounding school have available capacity. Based on the applicant's request, the staff recommends approval of the variance uh permit subject to the following conditions. enter into a declaration of restrictions to develop the site in substantial accordance with the plans prepared by Emiliano Orosco PE signed on December 17, 2025 and submit two sets of architectural plans to the planning and zoning department to initiate the site plan and concurrency review subject to the hearing approval and obtain approval from the street department for the proposed driveway approaches fronting east 52nd Street. Staff recommends approval with conditions. >> Thank you. Do you understand her recommendation? >> Yes, I understand. >> Any comments or questions? >> No comments. No questions. >> Comments or questions from the board? >> Okay. Comments or questions from the audience? >> Name and address, please. My name is Rafael Bermudo. I'm the owner of I'm the owner of 435 East 52nd Street and 449 East 52nd Street. I got two letters. I am the property adjacent to 425, I believe, is the address of the empty lot. And my concern is um how close will that new construction be to the 435 property right next to it? Considering that it's a I just learned right now that it's an over 2,000 square foot residence. >> Yeah. >> Um yes. So there's a side setbacks of the property. Um it is 7 ft um to the south. No, I'm sorry to the east and 7t6 to the west. So their their eastern wall will be 7 feet away from my property. So that is my height and a foot >> the the property the property line or basically the wall of the building. Yes, it will be 7 ft >> and and that is what is required by law. >> Yes, that is more than enough. >> That is the minimum required by law. >> That is actually more than enough because this lot is 60 foot uh wide. So actually they can provide 10% of the width of the lot and in this case they're providing seven. >> I'm sorry they they're providing seven versus what? I didn't catch the first >> 60. This the the lot width is 60. >> 60 >> exactly. So the minimum that they have to provide is six feet and they're providing seven >> an extra foot. >> Correct. >> All right. It is what it is. But I may just to correct. It's seven feet from the property line. Not seven feet from your wall. >> 7 feet from the property line. >> From the property line, right? >> The wall. Exactly. Yeah. Okay. >> So, whatever whatever you have from your property line >> to your building. >> Yes. >> That adds to >> their seven feet on the other side. >> So, it's seven feet from my property line to their wall. >> To their wall. >> Got it. Okay. Yeah. I mean, I'm I'm happy that they're building a house there. I've my parents moved into that house in 1970 and that lot has been empty ever since and I just learned that from 1920 something it's been empty. So >> absolutely nothing wrong with you inquiring and looking out for your property your benefit. Uh as you can see it it does meet >> code it meets so far it hasn't been built yet. You know we're >> we're in the planning stages but so far so good. It meets uh it meets the criteria. I understand. I'm just here to get educated. I'm not challenging you or anything. So, >> very good. >> Are you going to be my neighbor? >> Oh, [laughter] >> okay. So, thank you. >> Thank you. >> Thank you. >> Anyone else? >> Okay. Closes a part of public hearing. If there's no more comments or questions from the board, >> measure a motion to approve with conditions. >> Have a motion to approve by yourself. >> Second motion with conditions. >> We had a motion by Mrs. Enriquez, second by Mr. I understood Mr. Huge. >> Yes. >> Mr. Morales. >> Yes. >> Mr. Perez. >> Yes. >> Mr. Mason. >> Yes. >> Mrs. Enrique. >> Yes. >> Mr. Allesia. >> Yes. >> Mr. Kbahan. >> Yes. >> Item has been approved with conditions. >> Perfect. Thank you. How great. Thank you. >> Item number six. >> Thank you for coming. Item number six, varian permit to allow a residential unit, unit B, to have an area of 570 square feet or 700 750 ft is the minimum required to allow parking in the front stepback where no parking in the front stepback is allowed and to allow four parking spaces fronting East Street to back out into the rightway where backup parking is only allowed in low density residential districts. Properties located at 158 East 4th Street, Haley Ass CR Commercial Residential District. Applicant, Alex Arnella, on behalf of AAA Waterproofing and C LLC. >> Thank you. Name and address, please. >> Alex Arnella, uh 158 East 4 Street High. >> Thank you. The property is located mid block on the south side between East 1st Avenue and East 2nd Avenue with an existing central business district land use designation and with a CR commercial residential zoning district. The property is also within the Halia downtown urban center HD and is surrounded by properties within the central business district land use designation and CR commercial residential zoning district to the east, west and south and R3D residential to the north. The original one-story house was built in 1927 with approximately 1,387 square ft of living area with inspiration and details in the Mediterranean Revival architectural style. In 1939, a rear detach structure was built and in 1984 an addition to the rear structure was approved. However, Miami Day County and City of Halia records indicate that the rear edition was approved for storage purposes only. The current zoning designation permits up to seven I'm sorry up to five residential units on similar lot sizes. However, keeping the existing character of the property which was developed in such tasteful and subtle subtle Mediterranean provided architectural style is beneficial to maintain the character of the block. Therefore, the request for a variance to allow the rear structure to become a residential unit is within the current density designation of the existing zoning district. Even though the size of the rear residential unit is not up to the minimum required, such a unit size is within the latest residential projects throughout the city. In addition, the property has enough parking and has enough space to provide for the proper parking spaces. Four parking spaces for two residential units is required. Since the property is developed and will be maintained in a low density character, parking backing out to the street is not detrimental since it will continue the parking behavior of the property. A staff proposes the following conditions to the proposed plant. Eliminate the tandem parking space and accommodate the fourth parking space toward the east of the side of the property which the applicant has already submitted revised plans indicating um that change. improve the front facade, maintaining the original architectural style of the structure and provide landscaping plans to maintain existing mature trees and improve the overall landscaping of the property. Recommendation staff recommends approval with conditions. Thank you. You understand what recommendations are? Understand the conditions? Yes, sir. Okay. Any comments or questions? No. Okay. Comments or questions from the board >> through the chair? >> Yes. We're maintaining the structure and just legalizing it. Is that what's happening? >> That That's correct. So, they're maintaining the the front uh house and we are basically legalizing the rear structure and convert it into a legal um residential unit. >> Okay, great. Thank you. >> Okay, there's no one else in the audience. So, closes the part of public hearing. What's the pleasure of the board? >> Motion to approve with conditions. >> Second that motion with conditions. >> We had a motion by Mrs. Enrique. Second by Mr. Mr. Morales. >> Yes. >> Mr. Perez. >> Yes. >> Mr. Mason. >> Yes. >> Mr. Yes. >> Mr. Senri. >> Yes. >> Mr. Huge. >> Yes. >> Mr. Kabahan. >> Yes. >> Item has been approved with conditions. >> Thank you. Good night. >> Good night. >> Miscellaneous item not requiring advertising. Item number seven, old business. >> Okay. >> Any old business? No old business. >> No old business. Item number eight, new business. >> New business. I'd like to take the opportunity and welcome our new board member. >> Welcome. >> Just like just like last time, new but not so new. Familiar. Okay. So, welcome aboard. >> Thank you, Mr. Chairman. >> Anything else? And oh, please bundle up. It's gonna be it's going to be cold this weekend. >> All right. If there's no more business,