Zoning Hearing

Agenda (non-virtual)

VILLAGE OF PALMETTO BAY

Mayor Karyn Cunningham

Vice Mayor Leanne Tellam

Council Member Patrick Fiore (Seat 1)

Council Member Steve Cody (Seat 2)

Council Member Marsha Matson (Seat 3)

Village Manager Nick Marano

Village Attorney John C. Dellagloria

Village Clerk Missy Arocha

In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting.

AGENDA

ZONING HEARING

MONDAY, MAY 20, 2024 - 7:00 PM

VILLAGE HALL MUNICIPAL CENTER

9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157

(305) 259-1234

1.

CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER:

Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting.

2.

REQUEST, PETITIONS, AND PUBLIC COMMENTS

3.

APPROVAL OF MINUTES

A.

Zoning Hearing (April 15, 2024)

4.

MAJOR PROJECTS UPDATE

5.

PUBLIC HEARING ITEMS

A.

Applicant: ROBERTO AND CHRISTINA ARIAS

Location: 7662 SW 144TH TERRACE, PALMETTO BAY, FL

Property Folio: 33-5023-039-0260

Application: V-24-001

Zoning District: E-M ESTATE MODIFIED ZONING DISTRICT

Request: VARIANCE PURSUANT TO SECTION 30-30.6 VARIANCES, WAIVING THE MINIMUM SETBACKS ALLOWED BY SECTION 30-50.4, STYLED "E-M, ESTATE MODIFIED SINGLE FAMILY DISTRICT" OF THE VILLAGE LAND DEVELOPMENT CODE, TO ALLOW THE CONSTRUCTION OF AN ATTACHED COVERED TERRACE AND SWIMMING POOL WITHIN THE REAR AND SIDE SETBACKS. (Continued from the April 15, 2024, Zoning Hearing)

B.

Property Owner: SOUTH DADE REALTY, INC.

Applicant: LILLIAM NORDA-GOMEZ (BRIGHT ADVENTURES ACADEMY)

Mayor Karyn Cunningham Vice Mayor Leanne Tellam Council Member Patrick Fiore (Seat 1) Council Member Steve Cody (Seat 2) Council Member Marsha Matson (Seat 3) Village Manager Nick Marano Village Attorney John C. Dellagloria Village Clerk Missy Arocha 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER: Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting. 2. REQUEST, PETITIONS, AND PUBLIC COMMENTS 3. APPROVAL OF MINUTES A. Zoning Hearing (April 15, 2024) 4. MAJOR PROJECTS UPDATE 5. PUBLIC HEARING ITEMS VILLAGE OF PALMETTO BAY In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting. AGENDA ZONING HEARING MONDAY, MAY 20, 2024 – 7:00 PM VILLAGE HALL MUNICIPAL CENTER 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157 (305) 259-1234 1

A. Applicant: ROBERTO AND CHRISTINA ARIAS Location: 7662 SW 144TH TERRACE, PALMETTO BAY, FL Property Folio: 33-5023-039-0260 Application: V-24-001 Zoning District: E-M ESTATE MODIFIED ZONING DISTRICT Request: VARIANCE PURSUANT TO SECTION 30-30.6 VARIANCES, WAIVING THE MINIMUM SETBACKS ALLOWED BY SECTION 30-50.4, STYLED "E-M, ESTATE MODIFIED SINGLE FAMILY DISTRICT" OF THE VILLAGE LAND DEVELOPMENT CODE, TO ALLOW THE CONSTRUCTION OF AN ATTACHED COVERED TERRACE AND SWIMMING POOL WITHIN THE REAR AND SIDE SETBACKS. (Continued from the April 15, 2024, Zoning Hearing) B. Property Owner: SOUTH DADE REALTY, INC. Applicant: LILLIAM NORDA-GOMEZ (BRIGHT ADVENTURES ACADEMY) Location: 17917 / 17925 SW 97TH AVENUE Property Folio: 33-5033-000-0890 Application: SU-24-001 Zoning District: DOWNTOWN MAIN STREET SECTOR ZONING DISTRICT Request: THE EXPANSION OF AN EXISTING CHILDCARE FACILITY PURSUANT TO SECTION 30-110 STYLED "RELIGIOUS FACILITIES, PRIVATE SCHOOLS, CHILD CARE FACILITIES, AND OTHER NON-GOVERNMENTAL PUBLIC ASSEMBLY USES" OF THE VILLAGE LAND DEVELOPMENT CODE, TO PERMIT A MAXIMUM OF EIGHTY-FIVE (85) STUDENTS C. Applicant: BAPTIST HEALTH ENTERPRISES, INC. Location: 8750 SW 144TH STREET, PALMETTO BAY, FL Property Folio: 33-5021-044-0010 Application: V-23-008 (REV) Zoning District: R-5, OFFICE ZONING DISTRICT AND E-M, ESTATE MODIFIED SINGLE FAMILY DISTRICT Request: VARIANCE PURSUANT TO SECTION 30-30.6 VARIANCES, WAIVING THE MAXIMUM WALL SIGN AREA AND AMOUNT OF SIGNS PER STREET FRONTAGE ALLOWED BY SECTION 30-90 STYLED “SIGN REGULATIONS” OF THE VILLAGE LAND DEVELOPMENT CODE AND TO ALLOW ONE (1) MONUMENT SIGN WHERE NONE ARE PERMITTED AND TO ALLOW TWO (2) DIRECTIONAL SIGNS WHERE NONE ARE PERMITTED FOR A FREE STANDING EMERGENCY DEPARTMENT ON A PROPERTY THAT PREVIOUSLY HAD VARIANCES FOR SIMILAR SIGNAGE APPROVED THROUGH MIAMI-DADE COUNTY RESO NO. CZAB13-2-98. (Continued from the April 15, 2024, Zoning Hearing) 6. DISCUSSION A. DISCUSSION REGARDING 65% DESIGN PLANS FOR THE MULTI-PURPOSE RECREATIONAL FACILITY AT CORAL REEF PARK 7. ADJOURNMENT WE, THE VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, HEREBY COMMIT 2

OURSELVES TO MAINTAINING CIVILITY IN OUR PUBLIC AND POLITICAL DISCOURSE AND PLEDGE TO THE FOLLOWING PRINCIPLES: We will respect the right of all citizens in our community to hold different opinions; We will avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; We will strive to understand differing perspectives; We will choose our words carefully; We will speak truthfully without accusation and we will avoid distortion; We will speak out against violence, prejudice, and incivility in all of their forms, whenever and wherever they occur. NOTICE OF APPEAL RIGHTS Pursuant to Florida Statutes 286.0105, the Village hereby advises the public that if a person decides to appeal any decision made by the Council with response to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, the affected person may need to ensure that verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Village for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed. AMERICAN DISABBILITIES ACT OF 1990 This meeting is open to the public. In accordance with the American Disabilities Act of 1990, persons needing special accommodation or a sign language interpreter to participate in this proceeding should contact the Village Clerk at (305) 259-1234 no later than four (4) days prior to the meeting. Hearing Assistance Devices are available with the Village Clerk. 3

AGENDA ITEM NO. 3.A Item Cover Page DATE: May 20, 2024 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Zoning Hearing (April 15, 2024) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: 2024-04-15 Zoning-Minutes Exhibit A - Public Comments by Form 4

MINUTES Zoning Hearing of Monday, April 15, 2024 Page 1 of 4 1 MINUTES2 ZONING HEARING3 MONDAY, APRIL 15, 2024 – 7:00 PM4 VILLAGE HALL COUNCIL CHAMBERS5 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 331576 7 8 1. CALL TO ORDER, ROLL CALL, INVOCATION,PLEDGE OF ALLEGIANCE,9 AND DECORUM STATEMENT, IN THAT ORDER: Any person making10 impertinent or slanderous remarks, or who becomes boisterous, while11 addressing the Council may be barred from further appearance before the12 Council by the Mayor, unless permission to continue or again address the13 Council is granted by a majority vote of the Council. Applauding speakers shall14 be discouraged. Heckling or verbal outbursts in support or opposition to a15 speaker, or his or her remarks, shall be prohibited. No signs or placards shall16 be allowed in the Council meeting. Persons exiting the Council meeting shall17 do so quietly. All cellular telephones and beepers are to be silenced during the18 meeting.19 20 The Zoning Hearing was called to order at 7:00 PM.21 22 The following members of the Village Council were present during roll call:23 Mayor Karyn Cunningham24 Vice Mayor Leanne Tellam25 Councilmember Patrick Fiore26 Councilmember Steve Cody27 Councilmember Marsha Matson28 29 The following Charter Officials were in attendance:30 Village Attorney John C. Dellagloria31 Village Clerk Missy Arocha32 33 Rabbi Gunsberg from Chabad of Palmetto Bay led the invocation.34 35 Mayor for the Day (Glory Gall, student of Palmetto Bay Senior High School)36 led the pledge of allegiance.37 38 2. REQUESTS, PETITIONS, AND PUBLIC COMMENTS39 40 There was no public comment.41 42 43 5

MINUTES Zoning Hearing of Monday, April 15, 2024 Page 2 of 4 3. APPROVAL OF MINUTES: None.1 2 4. MAJOR PROJECTS UPDATE3 4 Community and Economic Development Director Heidi Siegel illustrated a5 Powerpoint Presentation on the Village’s major projects status report dated6 April 2024. The presentation showed data on the applications received to date,7 pending applications, applications under review that require a public hearing,8 submitted and incomplete applications, projects under construction, recently9 approved building permits, approved projects pending building permits and10 construction, and approved projects pending building permit applications.11 12 Following Director Siegel’s presentation, she answered questions raised by13 the members of the Village Council regarding the presentation.14 15 Attorney Dellagloria provided an explanation on the quasi-judicial proceeding16 procedures.17 18 Mayor Karyn Cunningham announced that the public hearings, items 5A and19 5B, had errors on the Village's part and that the Village would request a20 continuance on both items.21 22 Village Attorney John Dellagloria announced that if the applicant wants to23 come first and ask for a continuance, hearing the staff report would not be24 necessary.25 26 5. PUBLIC HEARING ITEMS:27 28 A. Applicant: BAPTIST HEALTH ENTERPRISES, INC.29 Location: 8750 SW 144TH STREET, PALMETTO BAY, FL30 Property Folio: 33-5021-044-001031 Application: V-23-008 (REV)32 Zoning District: R-5 OFFICE ZONING DISTRICT33 Request: VARIANCE PURSUANT TO SECTION 30-30.634 VARIANCES, WAIVING THE MAXIMUM WALL SIGN AREA35 ALLOWED BY SECTION 30-90 STYLED “SIGNAGE” OF THE36 VILLAGE LAND DEVELOPMENT CODE, FOR BAPTIST HEALTH37 OFF-CAMPUS EMERGENCY CENTER AT 8750 SW 144 STREET,38 AND TO ALLOW ONE (1) MONUMENT SIGN WHERE NONE ARE39 PERMITTED AND TO ALLOW TWO (2) DIRECTIONAL SIGNS40 WHERE NONE ARE PERMITTED WITHIN A PARCEL ZONED R-541 (OFFICE) ZONING DISTRICT. (Deferred from the February 24, 2024,42 Zoning Hearing)43 44 Moved by: Councilmember Steve Cody45 Seconded by: Vice Mayor Leanne Tellam46 47 Community & Economic Development Director, Heidi Siegel reported that48 in reviewing the agenda packet, the department did not include the E-M49 6

MINUTES Zoning Hearing of Monday, April 15, 2024 Page 3 of 4 zoning portion of the parcel in the agenda advertisement that went out1 thirty (30) days prior to the hearing date. Director Siegel explained that2 the applicant asked for a continuance of the public hearing to the next3 Zoning Hearing scheduled for May 20, 2024.4 5 There was no public comment for public hearing item 5A.6 7 Councilmember Steve Cody motioned to continue the public hearing8 item to the next Zoning Hearing, scheduled for May 20, 2024. The motion9 was seconded by Vice Mayor Leanne Tellam. All voted in favor (5-0).10 The motion carried unanimously.11 12 B. Applicant: ROBERTO AND CHRISTINA ARIAS13 Location: 7662 SW 144TH TERRACE, PALMETTO BAY, FL14 Property Folio: 33-5023-039-026015 Application: V-24-00116 Zoning District: R-5 OFFICE ZONING DISTRICT17 Request: VARIANCE PURSUANT TO SECTION 30-30.618 VARIANCES, WAIVING THE MINIMUM SETBACKS ALLOWED BY19 SECTION 30-50.4, STYLED “E-M ZONING DISTRICT” OF THE20 VILLAGE LAND DEVELOPMENT CODE, FOR ROBERTO AND21 CHRISTINA ARIAS AT 7662 SW 144 TERRACE, TO ALLOW THE22 CONSTRUCTION OF AN ATTACHED COVERED TERRACE AND23 SWIMMING POOL WITHIN THE REAR AND SIDE SETBACKS OF A24 PARCEL ZONED E-M (ESTATE MODIFIED) ZONING DISTRICT.25 26 Moved by: Councilmember Patrick Fiore27 Seconded by: Councilmember Steve Cody28 29 Village Attorney John Dellagloria explained that the same process may30 occur for public hearing item 5B.31 32 Community & Economic Development Director Heidi Siegel reported that33 in reviewing the item, the department made a scrip nous error. In an34 abundance of caution, it's in the best interest of the Village to postpone the35 public hearing until the next Zoning Hearing. Director Siegel explained that36 the newspaper advertisement and agenda packet referred to two separate37 zoning districts.38 39 Applicants Roberto and Christina Arias reported that this was the first time40 they had undergone a zoning application process and spoke in favor of the41 continuance of the public hearing item.42 43 There was no public comment for public hearing item 5B.44 45 Councilmember Marsha Matson motioned to continue the public hearing46 item to the next Zoning Hearing, scheduled for May 20, 2024. The motion47 7

MINUTES Zoning Hearing of Monday, April 15, 2024 Page 4 of 4 was seconded by Vice Mayor Leanne Tellam. All voted in favor (5-0).1 The motion carried unanimously.2 3 6. ADJOURNMENT4 5 Vice Mayor Leanne Tellam motioned to adjourn the meeting. Seconded by6 Councilmember Steve Cody. All voted in favor (5-0). The motion passed7 unanimously.8 9 The Zoning Hearing adjourned at 7:25 p.m.10 __________________________________________________________________11 12 The meeting minutes were approved this 20 th day of May 2024.13 14 Attest:15 16 17 ________________________ _______________________18 Mayor Karyn Cunningham Village Clerk Missy Arocha19 8

Public Comments Form Online Public Comments Form Meeting Agenda Meeting Date 4/15/2024 Meeting Type Zoning Hearing The box below must be checked for Zoning Hearings ONLY Check here if you affirm that the information provided herein is true and accurate Name Gilbert Viera Email Address Vettegator@ yahoo.com Address 16020 sw 87 Ave City Village of Palmetto Bay State Florida Zip Code 33157 Meeting Agenda Link Agenda Center (Section Break) General Public Comments -"Requests, Petitions & Public Comments Submitted" Field not completed. (Section Break) Agenda Item No. 5A Comments (type your comments in the box below) I am opposed to the variance request. I think this signage size increase is not necessary for such a small area. I believe that the lights regardless of what efforts are made will not be enough and will alter the neighbors that live so close. 9

Public Comments Form Online Public Comments Form Meeting Agenda Meeting Date April 15, 2024 Meeting Type Zoning Hearing The box below must be checked for Zoning Hearings ONLY Check here if you affirm that the information provided herein is true and accurate Name Adela Viera Email Address Aviera123@comcast.net Address 16020 SW 87th Avenue City Palmetto Bay State FL Zip Code 33157 Meeting Agenda Link Agenda Center (Section Break) General Public Comments -"Requests, Petitions & Public Comments Submitted" Field not completed. (Section Break) Agenda Item No. 5A Comments (type your comments in the box below) Please don’t approve big signage or lights for the new Baptist Emergency Center. It will affect the residents surrounding this Emergency Center. Don’t turn a residential neighborhood into a commercial one. Maintain the hometown feel of that area. We so desperately need to preserve that in this day and age of over development and disappearing residential areas in Miami. Thank you for all you do! 10

AGENDA ITEM NO. 5.A Item Cover Page DATE: May 20, 2024 SUBMITTED BY: Alexander Adams, Community and Economic Development ITEM TYPE: Resolution AGENDA SECTION: PUBLIC HEARING ITEMS SUBJECT: Applicant: ROBERTO AND CHRISTINA ARIAS Location: 7662 SW 144TH TERRACE, PALMETTO BAY, FL Property Folio: 33-5023-039-0260 Application: V-24-001 Zoning District: E-M ESTATE MODIFIED ZONING DISTRICT Request: VARIANCE PURSUANT TO SECTION 30-30.6 VARIANCES, WAIVING THE MINIMUM SETBACKS ALLOWED BY SECTION 30-50.4, STYLED "E-M, ESTATE MODIFIED SINGLE FAMILY DISTRICT" OF THE VILLAGE LAND DEVELOPMENT CODE, TO ALLOW THE CONSTRUCTION OF AN ATTACHED COVERED TERRACE AND SWIMMING POOL WITHIN THE REAR AND SIDE SETBACKS. (Continued from the April 15, 2024, Zoning Hearing) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: V-24-001 Arias Reso rev 5-20-24.docx V-24-001 Arias Staff Memo rev 5-20-24.doc PDF Full Attachments rev.pdf 11

12

RESOLUTION NO. 2024 - _____1 2 ZONING APPLICATION V-24-0013 4 A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE5 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING;6 PURSUANT TO SECTION 30-30.6, VARIANCES, AND SECTION 30-50.4,7 E-M ZONING DISTRICT, AUTHORIZING A SETBACK VARIANCE8 REQUEST AT 7662 SW 144 TERRACE, TO PERMIT THE9 CONSTRUCTION OF AN ATTACHED COVERED TERRACE AND10 SWIMMING POOL WITHIN THE REAR AND SIDE SETBACKS OF A11 PARCEL ZONED ESTATE MODIFIED (E-M); AND PROVIDING AN12 EFFECTIVE DATE.13 14 WHEREAS, the applicant, Roberto and Christina Arias has applied for15 a setback variance for an attached covered terrace to allow a rear setback16 of twenty feet and 7 inches (20’ 7”) where twenty-five feet (25’) is required17 and a side setback of thirteen feet and 1 inch (13’ 1”) where fifteen feet (15’)18 is required and a variance to allow a swimming pool with a rear setback of19 seven feet (7’) where seven and one-half feet (7.5’) is required and side20 setback of fifteen feet and one inch (15’ 1”) where twenty feet (20’) is21 required; and22 23 WHEREAS, the subject property is located at 7662 SW 144 Terrace24 and is designated as folio number 33-5023-039-0260; and25 26 WHEREAS, the property is designated Downtown Main Street Zoning27 District on the Village of Palmetto Bay Zoning Map, as adopted on January28 23, 2023 by Ordinance 2023-01; and29 30 WHEREAS, the Mayor and Village Council of the Village of Palmetto31 Bay conducted a public hearing on the application at Village Hall, 9705 East32 Hibiscus Street on April 15, 2024 where the item was continued to the May33 20, 2024 hearing; and34 35 WHEREAS, the Mayor and Village Council of the Village of Palmetto36 Bay conducted a public hearing on the application at Village Hall, 9705 East37 Hibiscus Street on May 20 2024; and38 39 13

WHEREAS, the Mayor and Village Council finds, based on substantial1 competent evidence in the record, that the application for the variance is2 consistent with Section 30-30.6 Variances, the Village of Palmetto Bay’s3 Comprehensive Plan and the applicable Land Development Regulations;4 and5 6 WHEREAS, based on the foregoing finding, the Mayor and Village7 Council determined to grant the application, as provided in this Resolution.8 9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND10 VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA,11 AS FOLLOWS:12 13 Section 1. A public hearing on the present application was held on14 May 20, 2024 in accordance with the Village’s “Quasi-judicial Hearing15 Procedures”. Pursuant to the testimony and evidence presented during the16 hearing, the Village Council makes the following findings of fact, conclusions17 of law, and final order.18 19 Section 2. Findings of fact.20 21 1. That the subject property is located at 7662 SW 144 Terrace and is22 designated as folio number 33-5023-039-0260.23 24 2. After hearing testimony from Village Staff, the applicant, the owner25 and the public, the Mayor and Village Council accepted the findings of Village26 Staff as it relates to compliance with the following provisions of the Village's27 Code of Ordinances: Section 30-30.6, “Variances” and Section 30-50.428 “Estate Modified Single Family (EM) Zoning District”.29 30 3. The application for the setback variance is consistent with the31 Village's Comprehensive Plan, as further specified in the Planning and32 Zoning Division Staff Report.33 34 4. The Village Council adopts and incorporates by reference the35 Planning and Zoning Division Staff Report, which expert report is considered36 competent substantial evidence.37 38 Section 3. Conclusions of Law.39 40 14

The application for the variance was reviewed pursuant to Section 30-1 30.6, “Variances” and Section 30-50.4 “Estate Modified Single Family (EM)2 Zoning District” of the Village’s Code of Ordinances and was found to be3 consistent.4 5 Section 4. Order.6 7 The Mayor and Village Council approves with conditions the application for8 a variance for an attached covered terrace to allow a rear setback of twenty9 feet and 7 inches (20’ 7”) and a side setback of thirteen feet and 1 inch (13’10 1”) and a variance to allow a swimming pool with a rear setback of seven11 feet (7’) and side setback of fifteen feet and one inch (15’ 1”) at 7662 SW12 144 Terrace identified with folio number: 33-5023-039-0260; consistent with13 Section 30-30.6 “Variances” and Section 30-50.4 Estate Modified Single14 Family (EM) zoning district of the Village Zoning Code, as more particularly15 described in the attached application and site plan that is included in the16 public hearing package with the following conditions:17 18 1. The approval is based on the plan sheet SP-1 prepared by19 Alberto E. Rodriguez Cabarrocas, dated 11-16-23.20 21 2. The approval is for a setback variance for an attached covered22 terrace and swimming pool less than those allowed by the E-M,23 Estates Modified Single Family Zoning district in order to allow a24 rear setback of twenty feet and 7 inches (20’ 7”) where twenty-25 five feet (25’) is required and a side setback of thirteen feet and26 1 inch (13’ 1”) where fifteen feet (15’) is required and a variance27 to allow a swimming pool with a rear setback of seven feet (7’)28 where seven and one-half feet (7.5’) is required and side setback29 of fifteen feet and one inch (15’ 1”) where twenty feet (20’) is30 required.31 32 3. The setback variance shall be valid for 180 days to obtain a33 building permit. The Community and Economic Development34 Director shall have the discretion to grant an additional 120 days.35 36 Section 5. Record.37 38 The record shall consist of the notice of hearing, the Planning and39 Zoning Division Staff Report, the application, all documents submitted by the40 15

applicant and the owner to the Village of Palmetto Bay in connection with the1 application, the sworn testimony of witnesses and applicant, the documents2 presented at the quasi-judicial public hearing, and the recording and minutes3 of the hearing. The record shall be maintained by the Village Clerk.4 5 Section 6. This Resolution shall be recorded on the public records of6 Miami-Dade County at the expense of the applicant and returned to the7 Village’s Department of Community and Economic Development8 9 Section 7. This Resolution shall take effect immediately upon10 approval.11 12 PASSED AND RESOLVED this 20th day of May 2024.13 14 Attest:15 16 17 Missy Arocha Karyn Cunningham18 Village Clerk Mayor19 20 21 APPROVED AS TO FORM AND LEGAL SUFFICIENCY:22 23 ________________________24 John C. Dellagloria25 Village Attorney26 27 28 FINAL VOTE AT ADOPTION:29 Council Member Patrick Fiore ____30 Council Member Steve Cody ____31 Council Member Marsha Matson ____32 Vice-Mayor Leanne Tellam ____33 Mayor Karyn Cunningham ____34 16

1 MEMORANDUM To: Honorable Mayor and Village Council Date: May 20, 2024 From: Alexander Adams, AICP, CNU-A, P&Z Manager Re: V-24-001 / Setback Variance for Attached Covered Terrace and Swimming Pool Within the Interior Side and Rear Setbacks at 7662 SW 144 Terrace A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING; PURSUANT TO SECTION 30-30.6, VARIANCES, AND SECTION 30-50.4, E-M ZONING DISTRICT, AUTHORIZING A SETBACK VARIANCE REQUEST AT 7662 SW 144 TERRACE, TO PERMIT THE CONSTRUCTION OF AN ATTACHED COVERED TERRACE AND SWIMMING POOL WITHIN THE REAR AND SIDE SETBACKS OF A PARCEL ZONED ESTATE MODIFIED (E-M); AND PROVIDING AN EFFECTIVE DATE. OVERVIEW FILE: V-24-001 APPLICANT: Roberto and Christina Arias PROPERTY OWNER: Roberto and Christina Arias ADDRESS: 7662 SW 144 Terrace, Palmetto Bay, Florida 33157 FOLIO: 33-5023-039-0260 LOT SIZE: 15,525 square feet UNIT SIZE: 3,164 square feet (existing) FLUM: Estate Density Residential (EDR) ZONING: Estate Modified Single Family Zoning District (E-M) EXISTING USE: Single Family Home BACKGROUND The applicant, Roberto and Christina Arias, requests the approval of application V-24-001 to allow a setback variance for an attached covered terrace and swimming pool less than those allowed by the E-M, Estates Modified Single Family Zoning district for a property located at 7662 SW 144 Terrace. The applicant is requesting setback modifications to allow a rear setback of twenty feet and 7 inches (20’ 7”) where twenty-five feet (25’) is required and a side setback of thirteen feet and 1 inch (13’ 1”) where fifteen feet (15’) is required and a variance to allow a swimming pool with a rear setback of seven feet (7’) where seven and one-half feet (7.5’) is required and side setback of fifteen feet and one inch (15’ 1”) where twenty feet (20’) is required. This subdivi