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[00:00:01]

GOOD MORNING. IT IS 9:10 A.M.

[A. Call to Order]

AND WE'RE GOING TO BEGIN THE PLANNING BOARD THE TAMARAC PLANNING BOARD MEETING TODAY IS WEDNESDAY, JUNE 3RD, PURSUANT TO GOVERNOR RON DESANTIS EMERGENCY ORDER 20-69 AND AMENDMENT BY EO 20-112.

THE PLANNING BOARD OF THE CITY OF TAMARAC, FLORIDA, WILL CONDUCT ITS MEETING ON WEDNESDAY JUNE 3RD, 2020 AT NINE A.M.

USING COMMUNICATIONS MEDIA TECHNOLOGY, THE PUBLIC MAY WATCH THE VIRTUAL MEETING ON THE CITY WEBSITE AT WWW.TAMARAC.ORG/CITYCOMMISSIONS OR ON THE CITY'S FACEBOOK LIVE PAGE AND MAY SUBMIT COMMENTS IN THE FOLLOWING WAY.

EMAILED COMMENTS TO PLANNINGBOARD@TAMARAC.ORG.

AND ALL COMMENTS SUBMITTED BY EMAIL READ INTO THE RECORD. ALL COMMENTS SUBMITTED BY EMAIL SHALL BE MADE PART OF THE PUBLIC RECORD. EXCUSE ME.

AND PLEASE SUBMIT COMMENTS ONLINE DURING THE MEETING THROUGH THE FACEBOOK LIVE.

COMMENTS VIA TELEPHONE WILL BE REGISTERED ONLINE AT WWW.TAMARAC.ORG/SIGNUP.

INDIVIDUALS WHO REGISTER WILL BE CONTACTED BY TELEPHONE AT THE APPROPRIATE TIME DURING THE MEETING TO OFFER THEIR PUBLIC COMMENTS.

AT THIS TIME, I'D LIKE TO CALL THE MEETING TO ORDER.

WE'RE GOING TO BEGIN WITH THE PLEDGE OF ALLEGIANCE.

OF ALLEGIANCE] I'D LIKE TO CALL HAVE COLLETTE THE SECRETARY CALL ROLL.

[D. Roll Call]

SURE, NIKOLE CLEARE.

PRESENT. CESAR SASTRE.

I'M HERE. SORRY, I HAD TO UNMUTE.

SALAH ELROWENY.

I'M HERE.

GEORGE ODOM.

HERE.

ERIC GNAGE.

HERE. ILENE LIEBERMAN AND ALBERT GUTTENTAG ARE ABSENT AND EXCUSED.

OK. PROCEDURES FOR THE VIRTUAL MEETING, AS YOU KNOW, ARE STREAMING THIS MEETING ON FACEBOOK LIVE, AS WELL AS ON THE CITY'S WEBSITE.

[1. Approval of Minutes - December 4, 2019 Project Name: Approval of Minutes - December]

I'D LIKE TO AT THIS TIME CALL FOR APPROVAL OF THE MINUTES FROM THE DECEMBER 4TH MEETING.

DOES ANYONE HAVE ANY QUESTIONS, CONCERNS, IF NOT, I'D LIKE TO CALL A MOTION TO APPROVE THE MINUTES FROM DECEMBER 4TH MEETING.

MOVE TO APPROVE.

I'LL SECOND. OK, COLLETTE, CAN YOU CALL FOR THE VOTE? NIKOLE CLEARE.

YES, YES. SALAH ELROWENY. YES.

GEORGE ODOM.

YES.

ERIC GNAGE.

YES. MOTIONS TO APPROVE MINUTES APPROVED.

ALL IN FAVOR.

COLLETTE COULD YOU JUST FOR THE RECORD, WHO MADE THE MOTION AND WHO SECONDED THE MOTION.

MOTION MADE BY SALAH ELROWENY, SECONDED BY CESAR SASTRE.

THANK YOU. MADAM CHAIR, IF YOU DON'T MIND, I'LL GO AHEAD INTO THE STATEMENT ON A QUASI JUDICIAL PROCEEDINGS.

THANK YOU. AS YOU ALL KNOW, WE ARE IN A DIFFERENT DAY AND AGE WITH BEING VIRTUAL IN A VIRTUAL ENVIRONMENT.

BUT GIVEN THAT FACT, WE ARE STILL PROCEEDING AS WE WOULD NORMALLY PROCEED AS FAR AS THE PROCEDURES ARE CONCERNED.

[00:05:02]

THERE ARE A FEW THINGS THAT WE HAVE TO KEEP IN MIND AS WE GO THROUGH THE ITEMS ON THE AGENDA. AND ONE IS PATIENCE WITH THE TECHNOLOGY.

AS WE ALL KNOW, SOMETIMES THE TECHNOLOGY IS A LITTLE BEHIND OR LITTLE AHEAD OF US.

SO WE HAVE TO BE SURE THAT WE HAVE AN OPPORTUNITY TO SPEAK AND EVERYONE HAS THE OPPORTUNITY TO BE HEARD TODAY.

THE QUASI JUDICIAL ITEMS ARE FOR ITEMS THAT ARE APPLICABLE TO SPECIFIC INDIVIDUAL INTERESTS.

AND TODAY WE HAVE AN APPLICATION OR A PROPERTY WITH MULTIPLE APPLICATIONS THAT YOU WILL BE HEARING TODAY. INTENT OF THE PROCEDURES IS TO PROVIDE AN EQUITABLE AND EFFICIENT WAY FOR YOU ALL TO HEAR THE ITEMS AND CONSIDER THEM AND GIVE THE APPLICANT THE OPPORTUNITY TO PRESENT THE INFORMATION THAT THEY HAVE, AS WELL AS THE CITY TO GO THROUGH THE INDIVIDUAL APPLICATIONS AND GIVE THEIR TESTIMONY FOR WHETHER OR NOT THEY BELIEVE THE ITEMS SHOULD BE APPROVED OR NOT APPROVED.

AS THE CHAIR HAS STATED, WE ARE USING MEDIA TECHNOLOGY TODAY, BUT WE WILL OFFER THE PUBLIC THE OPPORTUNITY AT THE APPROPRIATE TIME TO BE HEARD ON THE ITEM AND WE WILL AFFORD THEM THAT RIGHT.

THE THE METHODS THAT WERE READ INTO THE RECORD VIA THE FACEBOOK LIVE MESSAGES AND OR VOICE CALL AT THE APPROPRIATE TIME.

THE PROCEDURES WE'LL FOLLOW TODAY THEY ARE, AS I SAID, ARE AS NORMAL.

WE WILL ALLOW THE CITY TO PRESENT THE ITEM.

AND THEN AT THE CONCLUSION OF THE CITY'S PRESENTATION, THE APPLICANT WILL HAVE THE OPPORTUNITY TO PROVIDE AND PRESENT ANY EVIDENCE THAT THEY MAY HAVE AT THIS PARTICULAR APPLICATION. THERE ARE NO EFFECTIVE PARTIES, SO THERE WILL NOT BE AN EFFECTIVE PARTY DESIGNATION FOR ANY INDIVIDUAL ALSO WISHING TO SPEAK.

SO THOSE INDIVIDUALS WHO ARE NOT THE CITY OR THE APPLICANT WILL BE AFFORDED THE OPPORTUNITY TO PRESENT WHATEVER INFORMATION AND TESTIMONY THEY WILL HAVE DURING THE PUBLIC HEARING PORTION OF THE MEETING PRIOR TO CALLING THE ITEM OR FOLLOWING THE IMMEDIATE CALLING OF THE ITEM.

I WILL ASK ALL WITNESSES WHO PLAN THIS WEEK TO BE SWORN.

I WILL SWEAR IN THE WITNESSES AND THEN WE WILL PRESENT THE ITEM.

I WILL ASK THAT EACH WITNESS WHO HAS TESTIMONY TODAY TO STATE FOR THE RECORD THEIR NAME, ADDRESS AND WHETHER OR NOT THEY HAVE BEEN SWORN PRIOR TO PRESENTING THE TESTIMONY TODAY THEY WILL BE PROVIDING.

AND AT THE CONCLUSION OF THE EVIDENCE, THE THE BOARD WILL DELIBERATE ON THE MAT ON THE MATTER AND ISSUE A ORDER AS OF TODAY'S AT THE CLOSE OF TODAY'S HEARING, SO YOU WILL LISTEN TO THE TESTIMONY, YOU WILL CONSIDER THE EVIDENCE, WEIGH THE EVIDENCE AND ISSUE AN ORDER OF APPROVAL APPROVAL WITH CERTAIN QUALIFICATIONS OR A DENIAL OF THE APPLICATION.

WE HAVE NINE APPLICATIONS ON THE AGENDA TODAY.

SO WE WILL HEAR ALL ITEMS AND ONE PERSON, ONE PRESENTATION FROM THE STAFF AND THE APPLICANT. BUT WE WILL VOTE SEPARATELY ON EACH OF THE APPLICATIONS SO THAT WE HAVE A CLEAR RECORD FOR ANY FUTURE ACTION OR FUTURE APPROVALS FOR THIS PARTICULAR PROPERTY.

THAT CONCLUDES MY REMARKS.

I WILL RETURN THE GAVEL, SO TO SPEAK, TO YOU FOR FURTHER DELIBERATIONS AND CONTINUING ON WITH THE MEETING. THANK YOU.

SECRETARY COLLETTE, DO WE HAVE ANY PUBLIC COMMENTS REGARDING THE ISSUE? NO, WE HAVE NONE.

OK AT THIS TIME, I'D LIKE TO INTRODUCE NEW BUSINESS, THE PETITION IS FOR SEEKING RELIEF

[2. Item 1 - TowMaxx Company Building - Variance Project Name:]

FOR THE FOLLOWING SECTIONS OF THE LAND DEVELOPMENT CODE.

I WILL GO THROUGH WITH EACH ITEM AND INTRODUCE THE SECTION.

NUMBER ONE, SECTION

[00:10:10]

NUMBER 5 SECTION 24 36 I'M SORRY.

SECTION 24-368B.

NUMBER SIX.

SECTION 11-8L3.

NUMBER SEVEN, SECTION 11-8K2.

NUMBER EIGHT, SECTION 11-8M3A, AND NUMBER NINE, SECTION 10-124I . THE LOCATION THAT WE'RE REFERENCING TODAY IS ADDRESS 300 I'M SORRY.

2816 NW STAFF, DO YOU HAVE A PRESENTATION THIS MORNING? YES, WE DO. LET ME JUST TRY TO SET UP THE POWERPOINT BEFORE I BEGIN, MADAM MADAM VICE CHAIR, AND BEFORE YOU BEGIN THE QUENTIN, COULD YOU GO AHEAD AND SWEAR IN THE APPLICANT AND STAFF PLEASE? WE'RE NOT HEARING YOU, QUENTIN, WE'RE NOT HEARING YOU.

I WAS MUTED.

THAT'S WHAT I MEANT BY PATIENT BE PATIENT WITH ME.

IF YOU PLAN ON SPEAKING TODAY OR HAVE ANY TESTIMONY YOU WILL BE PROVIDING, PLEASE RAISE YOUR RIGHT HAND AND BE SWORN.

DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU WILL GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. I DO.

I DID NOT HEAR THE APPLICANT, I'M NOT SURE IF THEY STILL IF THEY'RE MUTED.

I KNOW THEY WERE ON EARLIER.

YES, YES.

OK, THANK YOU. ALL RIGHT, THANK YOU.

CAN YOU REPEAT FOR THE APPLICANT SO THEY CAN AFFIRM.

TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH DURING YOUR PRESENTATION? YES, I DO. IS THERE ANYONE ELSE I SAW EARLIER IT WAS TWO OF YOU GUYS IN THE ROOM IS JUST YOU GOING TO BE SPEAKING? OR BOTH? GOING TO BE BOTH OF US. ALL RIGHT.

AND BOTH OF YOU HAVE TAKEN THE OATH.

YES. ALL RIGHT, THANK YOU VERY WELL.

ALL RIGHT. CAN EVERYONE SEE THE POWERPOINT? YES, YES, OK, WE'LL GET STARTED.

YES, YES, GOOD MORNING, FRANK ZICKAR ASSISTANT DIRECTOR COMMUNITY DEVELOPMENT DWAYNE L.

WILLIAMS, DESIGNATED AGENT AND OWNER FOR TOWMAXX COMPANY, IS REQUESTING APPROVAL OF THE FOLLOWING ZONING VARIANCES.

AND I'M GOING TO READ ALL NINE OF THEM IN THEIR ENTIRETY.

SO THIS IS GOING TO BE A LITTLE BIT LENGTHY.

SO BEAR WITH ME, BUT I NEED TO GET IT INTO THE RECORD.

SO BEGINNING SECTION 11-8C1 TO ALLOW FOR SIX POINT FIVE PERCENT PERVIOUS AREA WITH A MINIMUM OF 30 PERCENT OF THE TOTAL GROSS AREA OF A PLOT IS ALLOWED.

NUMBER TWO, SECTION 11-8C2 TO ALLOW PERVIOUS AREA TO CONTAIN NO SHADE TREES WITH THE PERVIOUS AREA SHALL CONTAIN ONE TREE AND FIVE SHRUBS FOR EVERY TWO THOUSAND SQUARE FEET OF LOT AREA OR PORTION THERE OF.

AND A MINIMUM OF FIFTY PERCENT OF THESE TREES SHALL BE SHADE TREES.

NUMBER THREE, SECTION 11-8I1 TO ALLOW FOR NO LANDSCAPING TO BE PROVIDED AROUND DUMPSTER ENCLOSURE, ALL DONE FOR AREAS TO BE ENCLOSED FULLY BY A SIX FOOT PAINTED MASONRY WALL AND FULL ACCESS GATE TO TWENTY FOUR INCH HIGH CONTINUOUS HEAD SHALL BE PROVIDED AROUND THE DUMPSTER ENCLOSURE EXCEPT FOR THE ACCESS GATE AND PEDESTRIAN OPENING.

THIS INCLUDES ANY DUMPSTER USED FOR WASTE OR FOR RECYCLING OR ANY OTHER PURPOSE.

NUMBER 4 SECTION 11-8J3 TO ALLOW FOR SOUTH BUFFER TO BE ZERO FEET.

NO LANDSCAPING ON OUTSIDE OR INSIDE A WALL WHERE B3 ZONING PROPERTY THAT DIRECTLY ABUTS OR IS DIRECTLY ACROSS FROM ANY ROADWAY TOWARD A CANAL OR OTHER WATER BODY OR ANY OTHER SEPARATOR, ANY RESIDENTIAL ZONE PLOT OR A PLOT ZONE TO OPEN SPACE, INCLUDING GOLF COURSE AND S1 ZONING DISTRICT.

A BUFFER AREA SHALL BE PROVIDED IN THE NON RESIDENTIAL PLOT.

SECTION 24-368B TO ALLOW THE BACK FOR A DUMPSTER TO BE ZERO FEET TO THE REAR PROPERTY WHERE MINIMUM YARD SET BACK REQUIREMENTS SHALL BE FIFTY FEET TO REAR OF PROPERTY.

NUMBER SIX. SECTION 11-8L3.

TO ALLOW FOR ZERO TREES TO BE PROVIDED WITH ONE TREE SHALL BE INSTALLED IN THIS ZONE FOR EACH THIRTY LINEAL FEET OR FRACTION THEREOF OF FA├žADE WIDTH.

[00:15:02]

NUMBER SEVEN 11-8K2 TO ALLOW FOR NO PERIMETER LANDSCAPING TO BE PROVIDED ON THE EAST PERIMETER AND PERIMETER SHRUBS ONLY ON THE WEST PERIMETER WHERE B3 ZONE PROPERTIES SHALL PROVIDE THREE TREES WITH ONE TREE BEING A SHADE TREE FOR EVER FORTY LINEAR FEET OR MAJOR FRACTION THEREOF.

NUMBER EIGHT SECOND 11-8M3A TO ALLOW FOR NO LANDSCAPE ISLAND ON EITHER SIDE OF THE PARKING ROW WHERE EACH PARKING ROW SHALL BEGIN AND END WITH A LANDSCAPE ISLAND AND FINALLY, NUMBER NINE. SECTION 10-124I WHERE ALL NONRESIDENTIAL PROJECTS, EVERYBODY SITE FOR RECYCLING DUMPSTERS OR OTHER CONTAINERS THAT MAY BE PROVIDED BY A VENDOR OR REQUIRED BY THE CITY. THE SIZE OF THE AREA TO BE SET ASIDE FOR THE DUMPSTER SHALL BE DETERMINED AT THE TIME OF SITE PLAN APPROVAL AND SPECIFICATIONS FOR RECYCLING DUMPSTER AREAS ARE TECHNOLOGY BASED.

RECYCLING TECHNOLOGY IS RAPIDLY CHANGING.

THUS THE SPECIFICATIONS WILL BE SET FORTH IN TIME SITE PLAN APPROVAL.

HOWEVER, THE SAFETY SPECIFICATIONS ARE NOT BEING MET.

OK, WE'LL TAKE A BREATH HERE, THAT'S THE BACKGROUND.

SO ON SEPTEMBER 26, 2015, THE CITY COMMISSION APPROVED BOTH A MAJOR REVISED PLAN REVISION AND SPECIAL EXCEPTION APPLICATION TO ALLOW TOWMAXX COMPANY TO ACCOMPANY THE SUBJECT PROPERTY. ADDITIONALLY, ON SEPTEMBER 2ND, 2015.

THE PLANNING BOARD APPROVED EIGHT VARIANCES TO ALLOW FOR THIS TO MOVE FORWARD.

IT SHOULD BE NOTED THAT THE APPLICANT ORIGINALLY COMMENCED ACTIVITY ON THE SUBJECT PROPERTY IN FEBRUARY OF 2014, PROMPTING THE NEED FOR THE ORIGINAL SITE PLAN AND SPECIAL EXCEPTIONS APPROVAL.

A SPECIAL MAGISTRATE CASE IS STILL ACTIVE DUE TO THE LACK OF COMPLETION OF SITE WORK AND BUILDING AND AN ACTIVE LIEN WAS PLACED ON THEIR PROPERTY ON AUGUST 9TH, 2016.

SINCE THIS TIME, TOWMAXX HAS BEEN OPERATING UNDER TWO TEMPORARY CERTIFICATES OF OCCUPANCY.

THE LATEST EXPIRING ON JULY 23RD, 2019.

THEY HAVE BEEN OPERATING WITHOUT A TCO SINCE THAT TIME.

ADDITIONALLY, THEY HAVE NOT ACQUIRED A BUSINESS REVENUE LICENSE FROM THE CITY DUE TO THE TCO STATUS THAT HAS BEEN WORKING WITH THE APPLICANT SINCE APRIL OF 2019 TO RECTIFY THEIR ISSUES. SINCE THE ORIGINAL SITE PLAN APPROVAL, THE APPLICANT HAS REVISED THE SITE LAYOUT TO THE OPERATIONAL NEEDS TO MAINTAIN THEIR TOWING BUSINESS.

THE CURRENT APPLICATION WAS SUBMITTED TO THE CITY ON FEBRUARY 19TH OF THIS YEAR, WHICH WOULD HAVE PLACED THEIR ITEM ON THE APRIL AGENDA, PLANNING BOARD AGENDA DUE TO THE COVID-19 PANDEMIC THE PUBLIC HEARING FOR THIS ITEM HAS BEEN DELAYED TO THE PLANNING BOARD . APPROVAL OF THE CURRENT VARIANCE APPLICATION AND SUBSEQUENT SITE PLANNING AND BUILDING REVISION APPROVAL WILL WORK TOWARD SATISFYING BOTH THE SPECIAL MAGISTRATE CASE AND ACTIVE LIEN. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF NORTHWEST FORTY NINTH STREET, JUST WEST OF NORTHWEST 38TH TERRACE, THE SUBJECT PROPERTY IS FOUR TENTHS OF AN ACRE IN SIZE, HAS A TAMARAC FUTURE LAND USE DESIGNATION OF INDUSTRIAL, BUT WAS CLASSIFIED AS COMMERCIAL AT THE TIME OF THE ORIGINAL APPROVAL AND A ZONING CLASSIFICATION OF I1 LIGHT INDUSTRIAL, BUT WAS OWNED B3 GENERAL BUSINESS DISTRICT AT THE TIME OF THE ORIGINAL APPROVALS. THE SURROUNDING LAND USE IS TO THE SOUTH IS THE CITY OF LAUDERDALE LAKES, WHICH HAS A MULTIFAMILY RESIDENTIAL DEVELOPMENT KNOWN AS THE ATLANTICS ZONED OP OFFICE PARK. TO THE WEST IS AN ELECTRICAL BUSINESS ZONED I1 LIGHT INDUSTRIAL.

TO THE EAST IS A PARKING LOT FOR THE PREVIOUS SUNTRUST BANK PROPERTY ZONED I1, LIGHT INDUSTRIAL DISTRICT AND TO THE NORTH ACROSS FROM NORTHWEST FORTY NINTH STREET, THE VARIOUS COMMERCIAL BUSINESSES ZONED BY I1 LIGHT INDUSTRIAL DISTRICT.

THIS IS A PHOTO OF THE CURRENT PROPERTY IN ITS CURRENT STATE.

AND THIS IS THE PROPOSED SITE PLAN THAT WE ARE DISCUSSING TODAY THE VARIANCES EFFECT OF THIS SITE PLAN BEFORE YOU.

EXCUSE ME, CAN YOU GO BACK TO THAT OTHER PHOTO, PLEASE? THERE'S ONE MORE, THAT ONE.

OK, THANK YOU.

THANK YOU. YOU'RE WELCOME.

SO ZONING VARIANCE, A VERY VARIANCE MEANS A MODIFICATION OF THE ZONING ORDINANCE REGULATIONS, WHEN SUCH A VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AND WENT ON TO CONDITIONS PECULIAR TO THE PROPERTY AND NOT THE RESULT OF THE ACTIONS OF THE APPLICANT, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY AND UNDUE HARDSHIP. SECTION 10-54Q THE CODE OF ORDINANCES IDENTIFY STANDARDS TO BE EMPLOYED IN ORDER FOR THE PLANNING BOARD TO AUTHORIZE ANY VARIANCE FROM THE TERMS OF THE ZONING CHAPTER OF THE CODE OF ORDINANCES AND OTHER ZONING ORDINANCES.

A VARIANCE APPLICATION SHALL BE APPROVED FINDINGS OF FACT SUPPORTED BY THE REVIEW STANDARDS ARE SHOWN BELOW.

IT SHOULD BE NOTED THAT THE ORIGINAL SITE PLAN APPROVAL AND VARIANCE TOWARD APPROVALS WERE BASED ON THE CODE OF ORDINANCES PRIOR TO THE MAJOR CODE REWRITE IN 2018 ACTUALLY JULY OF

[00:20:01]

2018. BECAUSE OF THIS, THE VARIANCES THAT ARE CURRENTLY BEING REQUESTED UPON THE CODE AT THE TIME AND NOT THE NEW CODE REQUIREMENTS AFTER JULY 2018.

SO THE STANDARDS ARE SHOWING THAT THERE ARE EIGHT OF THEM.

CONCLUSION AFTER THE ORIGINAL APPROVAL OF THE SITE PLAN FOR THIS PROPERTY, THE APPLICANT MODIFIED THE SITE LAYOUT TO ACCOMMODATE THIS UNIQUE USE TO BE ABLE TO FUNCTION IN AN EFFICIENT MANNER TO MAINTAIN THE VITALITY OF THE USE AT THIS CHALLENGING LOCATION, THIS IS THE REASON THE SITE HAS BEEN MODIFIED TO ITS CURRENT CONFIGURATION AND IS SEEKING APPROVAL FROM A VARIETY OF DIMENSIONAL LANDSCAPING AND DUMPSTER VARIANCES TO FINALLY GET THIS PROPERTY PROPERLY LICENSED WITHIN THE CITY, THE PROPERTY HAS GENERATED NO COMPLAINTS FROM ANY NEIGHBORING PROPERTIES AND FUNCTIONS IN AN EFFICIENT MANNER WITH THE CURRENT LAYOUT AND THE CHALLENGING OF EXISTING PROPERTY THAT THEY INHERITED.

DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THE PLANNING BOARD TO APPROVE THE PROPOSED VARIANCE REQUEST FROM VARIOUS REQUIREMENTS OF THE CODE OF ORDINANCE WITH THE FOLLOWING CONDITIONS OF APPROVAL, THE CURRENT SUBMITTED SITE PLAN REVISION SHALL BE COMPLETED AND APPROVED AFTER APPROVAL OF VARIANCE APPLICATIONS.

NUMBER 2 THE BUILDING PERMIT REVISION APPLICATION, WHICH IS BP 15-5367, WHICH HAS EXPIRED, SHALL BE RESUBMITTED AND APPROVED PER BUILDING DEPARTMENT PRACTICES, THE ACTIVE SPECIAL MAGISTRATE CASE NUMBER 14-10200279 AND PROPERTY LIEN SHALL BE SATISFIED AFTER APPROVAL OF SITE PLAN REVISION AND BUILDING PERMIT REVISION.

AND FINALLY, NUMBER 4 A BUSINESS REVENUE LICENSE BUILDING SAFETY PERMIT APPLICATIONS SHALL BE SUBMITTED AND APPROVED AFTER APPROVAL OF THE SITE PLAN REVISION, BUILDING PERMIT REVISION AND SATISFACTION OF SPECIAL MAGISTRATE CASE AND PROPERTY LIEN.

THIS CONCLUDES STAFF'S PRESENTATION.

THE APPLICANT IS WITH US TODAY.

I WOULD OFFER THAT THEY WOULD SAY SOMETHING OR SAY SOME WORDS REGARDING THEIR REQUEST FOR THE VARIANCES AND AS QUENTIN MENTIONED WHEN YOU DO GO AHEAD AND EVENTUALLY VOTE, YOU WILL VOTE SEPARATELY EACH OF THE NINE VARIANCES THAT HAVE BEEN PREVIOUSLY DISCUSSED.

MADAM CHAIR, IF I MAY, IF YOU PRIOR TO GOING INTO QUESTIONS OR MOVING FORWARD WITH THE APPLICANT, I'D ASK THAT YOU ASK FOR A MOTION TO FORMALLY ACCEPT THE POWERPOINT PRESENTATION THEN TO THE RECORD AS EVIDENCE IN THIS PARTICULAR MATTER.

SO AT THIS TIME, I'D LIKE TO ASK FOR A MOTION TO ENTER THIS POWERPOINT PRESENTATION INTO THE RECORDS. SO MOVED.

I SECOND.

COLLETTE, CAN YOU TAKE A ROLL CALL FOR THE VOTE PLEASE.

YES, NIKOLE CLEARE.

YES.

CESAR SASTRE.

YES. SALAH ELROWENY.

YES.

GEORGE ODOM.

YEY. ERIC GNAGE.

YES. MOTION APPROVED TO ACCEPT PRESENTATION INTO THE RECORD MOVED BY SALAH ELROWENY, SECOND BY CESAR SASTRE.

ACTUALLY, I MADE THE MOTION THIS IS CESAR.

MOTION BY CESAR.

SECONDED BY SALAH.

THANKS. AND DOES THE APPLICANT HAVE A PRESENTATION THIS MORNING.

NO, BUT I JUST LIKE TO SAY THANK YOU FOR THE OPPORTUNITY AND I LOVE OUR CITY.

I KNOW IT'S BEEN A LONG TIME AND I JUST APPRECIATE EVERYTHING YOU GUYS ARE DOING.

THANK YOU. ALL RIGHT, SECRETARY COLLETTE, DO WE HAVE ANY ONE FROM THE PUBLIC WHO THIS MORNING, DO WE HAVE ANY COMMENTS OR ANYONE ONLINE? MADAM CHAIR, IF I MAY, IF I MAY INTERRUPT, NOW WOULD BE A GOOD TIME FOR YOU TO ASK QUESTIONS OF STAFF, IF THERE ARE ANY.

IF NOT, THEN YOU CAN FORMALLY OPEN THE PUBLIC HEARING.

SO THEN ASK COLLETTE FOR THOSE INDIVIDUALS WHO HAVE SIGNED UP TO SPEAK.

THANK YOU FOR THAT. NO PROBLEM.

ANY COMMENTS, ANY QUESTIONS OR COMMENTS OR ADD ANYTHING? I DO NOT. AND FOR AND FOR THE BOARD TO ASK ANY QUESTIONS ON THE PRESENTATION.

ALL RIGHT. DO YOU HAVE ANY.

I WAS GOING TO ASK THAT AFTER THE PUBLIC, BUT THANK YOU.

BOARD DO YOU HAVE ANY QUESTIONS OR COMMENTS OR ANYTHING THAT YOU'D LIKE TO ADD? I DO, BUT I NOTICE THAT ERIC GNAGE IS RAISING HIS HAND.

OK. YES.

[00:25:01]

I HAVE ONE QUESTION, FRANK.

IF YOU CAN GO BACK ON THE POWERPOINT TO THE AERIAL PHOTO OF THE ADJACENT PROPERTIES FOR ONE MOMENT, DO AND WE'RE TALKING ABOUT THE ANY OF THOSE OTHER ADJACENT PROPERTIES MEET ALL OF THE REQUIREMENTS THAT THIS APPLICANT IS ASKING FOR RELIEF FROM? NO, THEY DO NOT. THIS STRIP, WHICH, AS YOU CAN SEE, NORTHWEST FORTY NINTH STREET ON BOTH SIDES OF THAT ROAD. IT WAS INCORPORATED INTO THE CITY YEARS BACK.

IT WAS ORIGINALLY DEVELOPED UNDER BROWARD COUNTY REGULATIONS.

YOU CAN LOOK ACROSS THE STREET AND THERE'S NO LANDSCAPING IF ALL, DIMENSIONALLY EVERYTHING ALL THE WAY TO THE PROPERTY LINE AND THAT.

SO THESE ARE VERY TIGHT SITES WITH VERY LITTLE PARKING THAT NONE OF THOSE PROPERTIES NEED OR COME CLOSE TO MEETING OUR REGULATIONS.

SO FOR ALL INTENTS AND PURPOSES, IF WE GRANT THESE VARIANCES, THERE WILL BE NO DIFFERENCE BETWEEN THIS PROPERTY AND THE ADJACENT PROPERTIES AS IT RELATES TO THESE SPECIFIC VARIANCES. CORRECT.

THANK YOU. MADAM CHAIR I'M SURE.

YEAH, I BELIEVE WE HAD ANOTHER QUESTION, I'M NOT SURE I DON'T SEE ANY OTHER HAND RAISED.

I'M NOT SURE WHO HAD THE QUESTION.

I DID. THIS IS CESAR SASTRE.

I'M SORRY. I'M NOT QUITE SURE HOW TO.

OH, I JUST FIGURE IT OUT.

I RAISED MY HAND. GO AHEAD, CESAR.

OK, A COUPLE OF QUESTIONS JUST TO CONFIRM.

THIS PROPERTY IS ADJACENT TO LAUDERHILL LAKES, BUT IT IS SEPARATED BY A CANAL ON THE SOUTH SIDE, RIGHT? IS THAT CORRECT? IT'S MORE OF A DITCH.

I WOULDN'T REALLY CALL IT'S A CANAL DITCH AND I'LL FIND THE PROPERTY.

DEPENDS HOW MUCH RAIN WE HAVE, I GUESS.

YEAH, YEAH. A COUPLE QUESTIONS.

AND THESE MIGHT BE FOR COUNSEL, IF THIS IS IF I HEARD CORRECTLY, THIS IS STILL BEFORE A MAGISTRATE, SO IT'S PENDING.

ARE WE PREMATURE IN TAKING ANY ACTION? SHOULD WE BE WAITING FOR THE MAGISTRATE OR IF WE TAKE ACTION, DOES THAT RESOLVE THE MAGISTRATE'S CASE? MY UNDERSTANDING IS THAT PART OF AND THIS IS TYPICAL IN CODE ENFORCEMENT, WHERE YOU GET CITED FOR A VIOLATION OF THE CODE.

AND PART OF THE FIX MAY BE TO SEEK A VARIANCE FROM THE CODE THAT YOU'VE BEEN CITED FOR.

SO THIS WOULD BE THE APPROPRIATE TIME TO HEAR THE MATTER.

AND THEN THE MAGISTRATE CASE, IF THE VARIANCE IS APPROVED, WOULD BE RESOLVED AT THAT POINT. SO THIS IS THE APPROPRIATE POINT IN TIME TO HEAR THE MATTER.

OK, I'VE GOT A COUPLE MORE QUESTIONS.

THANK YOU. HOW WILL OUR APPROVAL, IF WE APPROVE THIS TODAY, WILL THAT HAVE ANY IMPACT ON ANY FUTURE USE OF, SAY, ANOTHER PROPERTY OWNER OR ANOTHER PERSON OR ENTITY PURCHASES THIS PROPERTY AND THEY WANT TO DO SOME SORT OF DIFFERENT TYPE OF USE? HOW MIGHT THAT IMPACT? HOW WILL OUR ACTION TODAY POSSIBLY IMPACT THAT, IF AT ALL? OK, WELL, SO IF TOWMAXX WERE TO LEAVE AND SOMEONE ELSE WERE TO BUY THE PROPERTY AND WANTED TO DO A NEW ENTIRELY DIFFERENT USE OTHER THAN A TOWING COMPANY, YOU KNOW, THEY WOULD HAVE TO REAPPLY WITH NEW APPLICATIONS AND AND WE WOULD HAVE TO REVIEW THAT BASED ON WHAT THAT USE IS AND WHAT THEY WANT TO DO.

SO THIS WOULD NOT CARRY OVER TO A NEW USE.

OK, YEAH.

OK, OK. I JUST WANTED TO CLARIFY THAT.

AND I GUESS MY FOLLOW UP QUESTION, AND I'M NOT QUITE SURE HOW TO WORD THIS, BUT IF YOU LOOK AT THAT ONE PROPERTY, THE ONE THE SUBJECT PROPERTY THAT WE'RE DISCUSSING NOW AND THEN YOU LOOK WEST AT ALL THE OTHER PROPERTIES.

IF WE'RE CORRECTING SOME KIND OF PROBLEM, PERHAPS, SHOULD WE BE DOING IT FOR ALL THE PROPERTIES ON THAT BLOCK OR JUST WE'RE JUST GOING TO FOCUS ON THIS ONE TODAY.

WE'RE JUST FOCUSING ON THIS PROPERTY TODAY.

I MEAN, IF ALL THOSE OTHER PROPERTIES THAT YOU'RE LOOKING AT, THEIR EXISTING IF SOMEONE AND WE HAD CALLS ON SOME OF THESE BUILDINGS FOR USE AND IT'S ALWAYS PROBLEMATIC BECAUSE WHATEVER USE WANTS IT, THERE'S NOT ENOUGH PARKING PER OUR CODE TODAY.

RIGHT. BECAUSE OF HOW IT WAS DEVELOPED MANY YEARS AGO.

SO, YEAH, WE CAN ONLY FOCUS ON THE PROPERTY OR SUBJECT PROPERTY AT HAND TODAY.

[00:30:03]

WE CAN'T DO IT AN OVERALL, BEYOND THE PROPERTY LINES OF THIS SITE.

OK, THANK YOU.

OK, DO WE HAVE ANY OTHER QUESTIONS OR COMMENTS FROM THE BOARD? ANYONE ELSE. I SEE GEORGE ODOM HAS HIS HAND RAISED.

GEORGE. YES MADAM.

MADAM CHAIR. THANK YOU.

IF I MAY, I JUST GOT TWO.

QUESTIONS ONE IS FOR CITY ATTORNEY AND THEN THE SECOND ONE WOULD BE FOR I GUESS MAYBE STAFF.

PERTAINING TO THE MAGISTRATE ISSUE IT FROM MY UNDERSTANDING, IT APPEARS THAT THE PROPERTY BUSINESS OWNER IS SEEKING THE APPROPRIATE REMEDY IN ORDER TO RECTIFY ANY OR AT LEAST THE CURRENT CODE VIOLATIONS.

THAT'S BEFORE THE MAGISTRATE.

YES. MY MY SECOND QUESTION IS, ARE THERE ANY KNOWN HARDSHIPS TO THE AREA AT THIS TIME BUT WITH THE APPROVAL, POTENTIAL APPROVAL OF THIS ZONING VARIANCE. THIS IS FRANK WITH STAFF.

I DON'T I WOULD SAY NO, THAT THERE IS NOT, BECAUSE, AGAIN, IF YOU LOOK AT ALL THE PROPERTIES ALONG THIS CORRIDOR ON BOTH SIDES OF THE ROAD, THEY'RE ALL VERY SIMILAR IN THE WAY THE LACK OF LANDSCAPING, LACK OF SETBACK AND THOSE TYPES OF THINGS.

IF I WOULD SAY NO.

THANK YOU. THAT'S ALL I HAVE, MADAM CHAIR.

THANK YOU. CESAR I SEE THAT YOUR HAND IS STILL RAISED.

DID YOU HAVE AN ADDITIONAL QUESTION? WELL, I'M GOING TO ASSUME THAT THAT'S OK.

NO, I DON'T. I JUST FIGURE OUT HOW TO LOWER.

THANK YOU. NO PROBLEM.

WE'RE ALL TRYING TO FIGURE THIS OUT TOGETHER.

ALL RIGHT. IF THERE ARE NO FURTHER QUESTIONS FROM THE BOARD, I'M GOING TO MOVE TO OPEN THE FLOOR TO THE PUBLIC.

DO WE HAVE ANY ADDITIONAL QUESTIONS, EITHER ON FACEBOOK OR ON THE PHONE FROM THE PUBLIC? NO, THERE IS NO THERE IS NO THERE ARE NO COMMENTS.

THANKS. OK, THANK YOU AT THIS TIME WE WILL CLOSE THE FLOOR.

AND I'M GOING TO CALL FOR A MOTION TO APPROVE THE FIRST PETITION, SECTION 11 -8C1. CAN I HAVE A MOTION? ON THAT.

I'LL MOVE TO APPROVE VARIANCE NUMBER ONE.

DO WE HAVE A SECOND. I'LL SECOND.

THIS IS CESAR.

THANK YOU, CESAR. COLLETTE.

I'LL HAVE YOU CALL THE VOTE.

NIKOLE CLEARE.

AYE. CESAR SASTRE.

AYE. SALAH ELROWENY.

YES.

GEORGE ODOM. YEY.

ERIC GNAGE.

YES.

MOTION PASSED.

MOTION MOVED BY SALAH ELROWENY.

SECONDED BY CESAR SASTRE.

MOTION APPROVED. THANK YOU.

WE'RE GOING TO MOVE TO ITEM NUMBER TWO, SECTION 11-8C2.

I MOVE TO APPROVE VARIANCE NUMBER TWO.

I'LL SECOND.

THANK YOU.

NIKOLE CLEARE. AYE. CESAR SASTRE. AYE. SALAH ELROWENY. YES. GEORGE ODOM. YEY. ERIC GNAGE. YES.

MOTION MOVED BY SALAH ELROWENY, SECONDED BY CESAR SASTRE TO BE APPROVED.

MOTION PASSED. THANK YOU.

NUMBER THREE, SECTION 11-8I1.

MAY I HAVE A MOTION TO APPROVE.

A MOVE TO APPROVE VARIANCE NUMBER THREE.

THANK YOU. DO WE HAVE A SECOND.

I'LL SECOND IT. THANK YOU.

YES. NIKOLE CLEARE AYE.

CESAR SASTRE. YES.

SALAH ELROWENY. YES.

GEORGE ODOM.

YEY. ERIC GNAGE.

[00:35:02]

YES. MOTION TO APPROVE VARIANCE NUMBER THREE MOVED BY SALAH ELROWENY, SECONDED BY CESAR SASTRE.

ALL IN FAVOR, MOTION PASSES. THANK YOU.

VARIANCE NUMBER MAY I HAVE A MOTION TO APPROVE.

I MOVE TO APPROVE VARIANCE NUMBER 4.

DO I HAVE A SECOND. I'LL SECOND IT.

COLLETTE. NIKOLE AYE. CESAR SASTRE.

YES. SALAH ELROWENY. YES. GEORGE ODOM. YEY. ERIC GNAGE. YES.

VARIANCE NUMBER 4 MOVED BY SALAH ELROWENY SECONDED BY CESAR SASTRE.

ALL IN FAVOR. MOTION PASSED.

THANK YOU.

VARIANCE NUMBER 5, SECTION 24-368B DO WE HAVE A MOTION TO APPROVE.

I MOVE TO APPROVE VARIANCE NUMBER FIVE.

THANK YOU. DO WE HAVE A SECOND.

SECOND. COLLETTE.

NIKOLE CLEARE AYE. CESAR SASTRE. YES. SALAH ELROWENY. YES. GEORGE ODOM. YEY. ERIC GNAGE.

YES.

VARIANCE NUMBER FIVE MOVED BY SALAH ELROWENY SECONDED BY CESAR SASTRE.

ALL IN FAVOR MOTION PASSED. THANK YOU VERY MUCH.

VARIANCE NUMBER SIX, SECTION 11-8L3.

THANK YOU. CAN I HAVE A SECOND.

SECOND.

THANK YOU COLLETTE.

NIKOLE CLEARE AYE. CESAR SASTRE. YES. SALAH ELROWENY. YES. GEORGE ODOM. YEY. ERIC GNAGE.

YES.

VARIANCE NUMBER 6 MOVED BY SALAH ELROWENY SECONDED BY CESAR SASTRE.

ALL IN FAVOR.

MOTION PASSED.

THANK YOU.

DO WE HAVE A MOTION TO APPROVE.

I'LL MOVE TO APPROVE VARIANCE NUMBER 7.

THANK YOU. DO WE HAVE A SECOND? SECOND. THANK YOU.

COLLETTE. NIKOLE CLEARE AYE.

CESAR SASTRE. YES. SALAH ELROWENY. YES. GEORGE ODOM. YEY. ERIC GNAGE. YES.

VARIANCE NUMBER 7 MOVED BY SALAH ELROWENY SECONDED BY CESAR SASTRE TO APPROVE.

ALL IN FAVOR.

MOTION PASSED. THANK YOU.

VARIANCE NUMBER 8.

SECTION 11-8M3A.

DO WE HAVE A MOTION TO APPROVE.

I'LL MOVE TO APPROVE VARIANCE NUMBER EIGHT.

THANK YOU, DO WE HAVE A SECOND? SECOND. THANK YOU, COLLETTE.

NIKOLE. CLEARE.

AYE. CESAR SASTRE.

YES, SALAH ELROWENY.

YES.

GEORGE ODOM.

YEY. ERIC GNAGE.

YES. VARIANCE NUMBER 8 BY SALAH ELROWENY.

SECONDED BY CESAR SASTRE.

ALL IN FAVOR FOR APPROVAL.

MOTION PASSED. THANK YOU.

I'M SORRY, VARIANCE NUMBER NINE SECTION 10-124I.

DO I HAVE A MOTION TO APPROVE.

MOVE TO APPROVE VARIANCE NUMBER NINE.

THANK YOU. DO WE HAVE A SECOND? I'LL SECOND.

THANK YOU COLLETTE.

YES. NIKOLE CLEARE AYE. CESAR SASTRE. YES. SALAH ELROWENY. YES. GEORGE ODOM. YEY. ERIC GNAGE. YES.

MOTION TO APPROVE VARIANCE NUMBER NINE MOVED BY SALAH ELROWENY.

, SECONDED BY CESAR SASTRE.

ALL IN FAVOR FOR APPROVAL. MOTION PASSED. OK, ALL RIGHT.

IT LOOKS LIKE WE'RE GOING TO MOVE FORWARD.

THANK YOU TOWMAXX FOR YOUR CONTINUED DEDICATION TO OUR CITY.

AND I WISH YOU SUCCESS IN YOUR FUTURE ENDEAVORS.

ALL RIGHT, DO WE HAVE ANY PLANNING BOARD REPORTS AT THIS TIME?

[I. Planning Board Reports]

[00:40:02]

NO REPORTS HERE JUST WISH YOU ALL STAY SAFE AND STAY WELL.

THANK YOU. THANK YOU.

AT THIS TIME, I'D LIKE TO RECOGNIZE THE DIRECTORS

[H. Director's Report]

REPORT. THANK YOU, MADAM CHAIR.

THANK YOU, MADAM CHAIR. GOOD MORNING TO EVERYONE.

I DO NOT HAVE A FORMAL REPORT THIS MORNING.

ONCE AGAIN, JUST WANT TO ECHO ECHO BOARD MEMBER CESAR SASTRE;S COMMENTS BY SAYING I WISH YOU ALL WELL AND THAT YOU WILL STAY SAFE.

AND I JUST WANT TO THANK YOU FOR BEING SUCH GREAT TEAM PLAYERS, FOR AGREEING TO DO THE GREET AND VIRTUAL, FOR WATCHING THE VIDEO AND FOR JOINING IN ON THE TRAINING.

AND I REALLY APPRECIATE IT.

AND I JUST WANT TO THANK YOU.

PLEASE STAY SAFE. THANK YOU.

THANK YOU. THANK YOU.

THANK YOU. THANK YOU.

I DON'T HAVE A REPORT, BUT I JUST WANTED TO SAY THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO CHAIR THE MEETING THIS MORNING.

IT'S A LITTLE NERVOUS, BUT WE GOT THROUGH IT AND I APPRECIATE THE OPPORTUNITY TO DO SO.

GOOD JOB. THANK YOU.

THANK YOU. THANK YOU. I'D LIKE TO CALL FOR A MOTION UNLESS YOU HAVE ANYTHING FURTHER.

I'D LIKE TO CALL FOR A MOTION TO ADJOURN THIS MORNING'S MEETING.

I THINK WE HAVE ANYTHING ELSE TO COVER.

IF NOT, I LIKE TO. MADAM MADAM CHAIR.

I JUST WANT TO SAY AND I KNOW I SPEAK ON BEHALF OF EVERYONE ON THE CALL, THAT OUR THOUGHTS ARE WITH OUR CHAIR WHO WASN'T ABLE TO BE HERE FOR UNFORESEEN, UNFORTUNATE CIRCUMSTANCES. SO I JUST WANTED TO SAY THAT ON BEHALF OF EVERYONE, I SPOKE ON IT DURING OUR TRAINING SESSION. BUT I WANT TO JUST PUT THAT ON THE RECORD FOR EVERYONE.

THANK YOU VERY MUCH FOR ADDRESSING AND SAYING THAT.

THANK YOU. MS. LIEBERMAN, WE HOPE YOU'RE FINE, WE HOPE YOU'RE DOING WELL, HOPE THINGS ARE GETTING BETTER. YOU KNOW, THIS IS A TIME FOR US ALL WITH COVID-19, THE SOCIAL UNREST IN THIS COMMUNITY, OUR COUNTY AND IN OUR WORLD.

SO I HOPE THAT YOU'RE ALL DOING WELL AND STAYING SAFE AND STAYING SANE.

THANK YOU ALL FOR YOUR COMMITMENT TO THE COMMUNITY SO AGAIN, I'D LIKE TO MOVE AND ASK FOR A MOTION TO ADJOURN.

I MOVE TO ADJOURN THIS MEETING RIGHT NOW.

THANK YOU. DO WE HAVE A SECOND? I'LL SECOND THAT. THANK YOU.

DO WE NEED TO VOTE ON THIS, COLLETTE? SO, YES, LET'S LVOTE ON IT JUST TO HAVE IT ON THE RECORD.

OK, SO NIKOLE CLEARE.

AYE. CESAR SASTRE.

YES, CESAR WE CAN SEE YOU.

I KNOW. SALAH ELROWENY.

YES.

GEORGE ODOM.

YEY. ERIC GNAGE.

YES. MOTION TO ADJOURN MEETING MADE BY CESAR SASTRE, SECONDED BY SALAH . ALL IN FAVOR. I SEE WHAT YOU'RE DOING.

IT'S WHY EVERYONE. THANK YOU ALL.

TAKE CARE. GOD BLESS.

ALL RIGHT, TAKE CARE.

THANK YOU. THANK YOU.

BYE BYE. BYE.

* This transcript was compiled from uncorrected Closed Captioning.