Zoning Board meeting minutes from September 25, 2024

MEETING MINUTES WEDNESDAY, SEPTEMBER 25, 2024, 7:00 P.M. PINECREST MUNICIPAL CENTER/COUNCIL CHAMBER 12645 PINECREST PARKWAY PINECREST, FLORIDA I. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the assistant village clerk at 7:01 p.m. Present were the following: Member Katherine Castellanos (arrived at 7:04 p.m.) Member Jordan Chisolm Member Juan Mora Member Maritza Shapiro Vice Chairperson Daniel Enekes Chairperson Gerald Greenberg Assistant Village Clerk Nicole Tobias Village Attorney Roger Pou Member Ariel Meyer was absent. II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by the chairperson. III. AGENDA/ORDER OF BUSINESS: There were no changes to the agenda. IV. APPROVAL OF MINUTES: Member Chisolm made a motion to approve the minutes of the meeting of May 29, 2024. The motion was seconded by Member Mora and adopted by a 6 – 0 voice vote. The vote was as follows: Members Castellanos, Chisolm, Mora, Shapiro, Vice Chairperson Enekes and Chairperson Greenberg voting Yes. V. HEARINGS: All witnesses giving testimony in the following quasi-judicial proceeding were sworn in by the assistant village clerk. Zoning Board Meeting September 25, 2024 Page 2 of 4 A. Hearing #PZ 2024-0925-1. Francisco Mehech (Owner and Applicant), is requesting approval of a variance from the requirements of Division 4.2 (c) 5.d. of the Land Development Regulations to allow 48.51% green space on the subject property instead of 55% green space as otherwise required, for the property located at 5788 Southwest 97 Street. Member Chisolm recused himself due to a conflict of interest. Members Castellanos, Mora, Shapiro, Vice Chairperson Enekes, and Chairperson Greenberg disclosed ex parte communications. Francisco Mehech, owner and applicant, addressed the board. Planning Director Olmsted gave an oral report, based on his memorandum of September 19, 2024, recommending denial of the variance. The chairperson opened the public hearing. The following addressed the Board: Evelyn Greer, 5900 Southwest 97 Street, Pinecrest, Florida. Member Mora made a motion to deny the variance. The motion was seconded by Member Shapiro and adopted in a 4 – 1– 1 roll call vote. The vote was as follows: Member Mora, Shapiro, Vice Chairperson Enekes, and Chairperson Greenberg voting Yes; Member Castellanos voting No. B. Hearing #PZ2024-0925-2. John and Sylvia Weir (Owners and Applicants) are requesting approval of a variance from the front and side yard setback requirements of Division 4.2 (c) 5. g. of the Village’s Land Development Regulations to allow an existing basketball court to remain 11.7 feet from the west (front) property line instead of 50 feet, and 10.6 feet from the south (side) property line instead of 20 feet as otherwise required for the property located at 10325 Southwest 62 Avenue. Member Mora, Vice Chairperson Enekes, and Chairperson Greenberg disclosed ex parte communications. John Weir, owner and applicant, addressed the board. Planning Director Olmsted gave an oral report, based on his memorandum of September 18, 2024, recommending denial of the variance. The chairperson opened the public hearing. The following addressed the Board: Jim Krainson, 6131 Southwest 104 Street, Pinecrest, Florida. Zoning Board Meeting September 25, 2024 Page 3 of 4 Member Shapiro made a motion to approve the variance as requested with staff’s recommendations. The motion was seconded by Member Castellanos. The Board had a discussion. Vice Chairperson Enekes made a motion to amend the Shapiro motion to include the following condition: 1. In the event the Village constructs a public road along Southwest 62 Avenue, the basketball court will need to be removed by the applicant. The amended motion was seconded by Member Mora. The roll call vote was 3 – 3 as follows: Members Castellanos, Mora, and Shapiro voting Yes; Member Chisolm, Vice Chairperson Enekes, and Chairperson Greenberg voting No. Vice Chairperson Enekes made a motion to deny the variance. The motion was seconded by Member Chisolm. The roll call vote was 3 – 3 as follows: Member Chisolm, Vice Chairperson Enekes, and Chairperson Greenberg voting Yes; Members Castellanos, Mora, and Shapiro voting No. The Village Attorney advised that pursuant to Division 2.3 (c) 2, any tie vote shall not be considered as a negative determination. Member Mora made a motion to defer the variance to January 29, 2025, at 7:00 p.m. The motion was seconded by Member Chisolm and adopted by a 6 – 0 roll call vote. The vote was as follows: Members Castellanos, Chisolm, Mora, Shapiro, Vice Chairperson Enekes, and Chairperson Greenberg voting Yes. VI. OTHER BUSINESS: No other business was discussed. VII. SCHEDULE OF FUTURE MEETINGS: • Wednesday, January 29, 2025, 7:00 p.m. VIII. ADJOURNMENT: The meeting was adjourned at 10:36 p.m. Zoning Board Meeting September 25, 2024 Page 4 of 4 Respectfully submitted: Priscilla Torres, MMC, Village Clerk __________________________ Nicole Tobias Assistant Village Clerk Approved by the Planning Board this __ day of _______, 2024. __________________________ Chairperson IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (FLORIDA STATUTES).