welcome everybody i'd like to call the order the planning and zone morning planning and zoning board meeting for the city of plantation dated march 10th 2026 one item of note uh ms demby burger uh is absent today in her place matt mcintosh will be on the dais city clerk if you would please call the roll okay miss gelfland mr joseph goldstein yeah mr corman here mr freeman here mr max goldstein here mr dela grange mr mcintosh here thank you all right uh first order of business is the approval of meeting minutes from january 13 2026 does anybody have any corrections or additions to those minutes hearing none do i have a motion motion to approve i have a motion in a second please call the roll miss gelfand mr joseph goldstein mr corman yes mr freeman yes mr max goldstein yes mr dela grange mr mcintosh yes thank you all right uh first and only order of business today quasi-judicial pm25-0119 consideration of a request to approve a practical difficulty weather for the waiver for the maglioni residence the property is located at 1261 northwest 103 avenue and is owned prd-9.4q planned residential development mr attorney would you like to read the quasi thank you um for those who are those who are here with us today the planning and zoning board are volunteers here in the city the great city of plantation and they are true public servants then they're here to hear this application tonight uh the order of business will be the city will present the case and the applicant will be able to present any information or testimony or evidence that they have in respect to their case and any other members of the public may also be heard um in order for the item to be approved the item will require a minimum of four votes of the board here tonight short of those four votes the item will be deemed denied um with that being said i will ask you all to please stand and rise so you could be sworn in you see right on time danny you swear affirm that the testimony give will be the truth the whole truth and nothing but the truth thank you you may be seated mr chairman all right staff if you would sorry hello good evening amy denter planner with the city and uh here to present this case um for pm 25 0 1 1 9 it is a um application for waiver approval the location is at 1231 northwest 103rd avenue in fountain spring just off of knob hill we have uh the total lot square foot is 5856 square feet it is zoned prd 9.4 q and it is a residential single family use the subject site is developed with one story 2206 square foot single family residence with a wood deck and a pergola in the back of the yard the area is surrounded by other single family homes there's jacaranda lakes to the east and predominantly fountain springs to the north and west and south and bridge water there were 48 properties that were notified within a 300 foot radius so the applications require the applicant's request is for a rear setback waiver at the time so in the in the code section 27-92 6c states that the time of site development plan approval minimum lot size percentage of lot coverage front rear and side yard requirement setbacks and limits on the heights of the building within the pcd shall be determined on each application by the city council so at the time when fountain springs was approved they approved the rear setbacks at 15 feet mr maglioni would like to get approval to allow the existing pergola to stay uh he bought the pro he bought the property with the pergola already there and he's asking for a waiver for um 71 reduction 15 feet down to 4.4 for that rear setback because that's just where the current the previous owner placed it so this is the survey in the site plan you can see right here this is the rear setback right there and um let's see here's a picture of it so this is how it looks in the backyard there's still a little bit of space between the rear setback this is from inside of the house it's not uh it's not keeping anybody from being able to exit that window if there was an emergency they could still get out these are the street views so when you come around the corner if you're looking down the street the pergola i'm sorry is right here and this is what it looks like when you get a little closer so the request is substantial for this for the setback reduction it is a 71 reduction however it is compatible with development patterns in the neighborhood the essential character of the neighborhood is preserved and it can be approved without causing substantial detriment to the adjoining properties and in fact mr maglione has submitted several letters of support from his neighbors and he also has two of them with him tonight the staff does recommend approval for this project okay uh do i have any questions from the dais at this time for staff max um so my question is when they apply should we approve today when they apply for the uh building permits that that we're probably going to require as request from the staff staff backup will they comply with all the other portions of the zoning code that they need to get the approval for that what i'm thinking is a lot coverage and impervious surface if they're the impervious is fine and the lot coverage as well was okay so the only thing that they are missing is a setback correct okay thank you jr goldstein uh the the the only thing that i'm uh a little troubled about is uh in our last meeting in january out in the acres we had something similar to this except it was the um the pool deck uh setback 15 feet substantial just like this um there of course it was built by the applicant without a permit so it was a little bit more direct but in the record here it looks like the homeowners not the management company prior to the closing did point it out that this was done and they so i i just would like staff to explain to us why is this situation different than that case please okay well first off the this gentleman did not build the pergola without the without the permit he's now purchased the property trying to make it right now when you're at closing for a property or right before closing and something like this comes up he already had sold his house he had nowhere to go so he felt like okay we'll go ahead and close and then after closing i'll go ahead and take care of this um the issue and so that's what he did so i feel like the intention here is on the good on the better side good evening uh dan homes planning zoning economic development director the other thing that we did take under consideration for this application was some of the other properties uh within the development itself it is a planned community development as indicated there are other pools and other things that are significantly in the setback uh as well just given the dimensions of the various properties as well so that's another factor that we did take into consideration for this particular neighborhood so if you look at all of the other properties and stuff you're going to notice that uh there are other structures and stuff that are in the setback as well i saw the one that you all highlighted with the pool and the pools aren't accepted pools and screens aren't accepted from the pud i thought i thought i read that in the materials that when you say accept it from the well i thought i read that the pools and screens are are exempted from the setback under the the uh the development rules don't so so the pools technically are inappropriate too and they should be fined or come back to us and that's that that's correct and this is a temporary structure i mean you know the next property owner can come in and remove it or what have you uh if if they like as well so those are those are some of the considerations i appreciate again it's my my second meeting so no problem i just wanted to add that thank you thank you yeah i think uh also as i look at this one the notion of scale and what it does when you push into those easements is a little bit different on these lot sizes than when you're looking at an acre property and going from uh i think it was a 25 foot setback to like a five foot so i mean it just seems a little bit off and he bought into it as opposed to willfully doing it without um when i look at that um resident is here you have the right to speak if you feel there's anything you want to add to it just please come up name address for the record hello rick maglione my address is 1261 northwest 103rd avenue plantation florida 33322 very briefly first of all thank you guys for coming in and listening in my case i was with the city of fort lauderdale for 32 years and uh our volunteers were very important and i know this takes out of your time so thank you if nobody says thank you too often from this side of the the vestibule here i i am saying thank you um yeah just long story short i didn't actually know at closing i i got divorced i lived in plantation my whole life i was a plantation firefighter i worked in fort lauderdale um i moved and i rented out east and i still had a teenage daughter and she was miserable out there why can't we buy a house out there with my friends blah blah blah so i had to wait till i retired and took a big chunk of my retirement to move back out west and buy a house um and when i saw this house i mean this thing outside is really a selling point it's beautiful i mean it just goes in line with the whole neighborhood and everything so i told the folks i was renting from hey i don't need it anymore september 1st i'm out well the closing got delayed a couple times so now we're talking like august 22nd and we're at closing and the only thing we're waiting on is an estoppel letter and we're waiting hours and hours in fact they even said go home and we'll call you and come back and there was a new management company and they can speak more about the the drama with the homeowners association but we just took over we can't find anything we can't find anything meanwhile the prior homeowners like here's all the approvals here's the because it was concerned that it wasn't approved from the homeowner association he gave me voicemails which i think is part of the packet approvals in writing he's like you don't have to worry so finally the estoppel comes and all it says is and i don't want to misquote it but like unapproved gazebo it doesn't say unapproved by who and he's like it's it is approved so then i find out that it didn't have permits i immediately like that monday i i self-reported i called ramoy campbell because someone gave me his name and i said what do i need to do to make this thing legal i bought it it's here you know and i'd made the decision to say well instead of spending five or six thousand to take it down because it's really professionally built a lot nicer than a lot of the ones in the neighborhood i put a lot of money into it i made sure i had an engineer come look at it then i had to get someone to do sign sealed drawings they even put some prettier trim on the outside so it looks better for the neighbors and i made sure i got letters from the house that's directly west of me is the closest house there's not even windows really on that side for them to even see it and she was actually upset that i was even able to buy the house without them resolving this because it's not even fair that they did this to you you could see john and simone's house is the one you're looking at across the street kelly painter another letter is the house right there and they're the only three houses that can see it and they can only see about four feet of it over the fence from their house and that's why they wrote letters and that's why i brought them but you know and the homeowners association actually had a bunch of trees on the outside of the fence which they cut down before i moved in i knew none of this so i inherited this problem i self-reported it and i just want to make it right but the good thing is we did do the permeable impermeable test it passed that they came and looked to make the city came out and looked to make sure no windows were blocked that would affect anything everything passes other than it's too close to the fence and if i first of all you probably couldn't build anything in that yard that would allow me to enjoy my yard like like others because there's almost nothing that's too close to the fence if you put it out there even a kid's sandbox would be too close to the fence it's a very small yard but i don't think it causes anybody any concerns my neighbors support it and what's funny is where my house is situated nobody really goes past it because i'm at the very corner where you know fronts nabill road so it's not like i'm right at the main entrance where people would look at it all the time and say oh my god that gazebo if they didn't like it i really brought the only people that could see it from their homes so i appreciate your time and uh i don't think i need to get into all the other stuff because you have the whole packet but it was just kind of a weird situation i was thrown into i would never disrespect the city i live in or this board or anything if i had the opportunity to do it ahead of time the right way i would have i just it wasn't even my house and from what the city told me it may have been there as long as four years which would have been two owners not even just the last owner the owner before that possibly had it there that i don't know because i didn't know about it until all this came up thank you anybody have any questions for me um just one thing uh for the record you all have a letter from kelly painter that was received today that was not part of the packet in there so for the record there is a letter of support from her um and to your point anybody have any questions for the applicant from the dais all right nope nope not yet would anybody from the audience like to comment and if you would name and address and three minute time on the comments yes sir i'll be brief and uh thank you for your volunteer service my wife and i both volunteer for the united states coast guard so we know what it's like to do this uh for free anyway my name is john narducci my wife simone narducci is a little shy to come up here and i'm sorry about this um i live at 10321 northwest 12th place plantation florida 33322 my wife and i are directly across the street from mr maglione actually this picture right here is basically the view from our house our house is just a little bit further to the left so the only neighbors that really have a visual on this is uh my wife and i and also kelly painter who just became part of the record uh i am an original homeowner in fountain springs since 1992 uh it was dirt out there so i've seen a lot of management companies come and go i've seen a lot of board members come and go as a matter of fact i was the vice president of the board of fountain springs three so i'm pretty uh intimate with the workings of the board so uh yes that was a couple of homeowners prior to mr maglione now the there were trees that were back up over there you could see like semi bushes or whatever he's got back there now that were much higher so it wasn't visible back then the board because that's the fence that's their fence that belongs to the master association they had to replace it because it was rotting so they hired a company to replace that fence they took down the bushes in front of the fence and the trees behind it that's what made this thing more visible when mr maglione bought the property he added the brownish slats i guess we'll call it to make it more aesthetically appealing and i got to tell you from my vantage point from our house it really is it's it's very appealing and none of the neighbors as you have letters to show have any problem with the aesthetics of this property so please consider all of this uh you know like i said long time homeowners and fountain springs and we certainly have no problem with this whatsoever any questions for me uh no no questions thank you i appreciate reaching out that you all reached out to the neighbors and the neighbors coming out to support you so that's uh that's a great positive in my i think it's important it's something that we're lacking now you know back when we were when i was on the board we used to have block parties we used to get permits from you guys to be able to do stuff like that to get to know the neighbors nobody does that anymore so but mr maglione is a wonderful neighbor and he just wants to make the property more beautiful he's been a long time public servant just like every one of you up here and i really think he needs some quiet enjoyment for his property i really do you know he's retired let him enjoy it anyway thank you so very much i really appreciate everything you do as volunteers you're welcome thank you any other comments from the room anybody online i assume no all right in that case then public comments are closed do i have a motion second hold approve straight approve or approve subject to staff comments well except the motion has to be approved subject to staff comments okay so vicky's withdrawing her motion all right motion to approve subject to staff comments in section 5b of the backup okay now i'll second there you go that's it vicky good job we have a motion in a second please call the rule okay uh ms gelfand yes mr joseph goldstein yes mr corman yes mr freeman yes mr max goldstein yes mr dela grange yes mr mcintosh yes thank you all right congratulations uh so any other business that we have to be aware of mr holmes give me a moment uh bear with me for a second this will be a very quick uh update uh i just wanted to uh give you guys as you know uh back in november of last year you guys approved the comp plan to uh to move on to the council the council the council did approve it on first reading for transmittal we did transmit it uh in uh december um i did get comments back uh from the department of commerce uh and uh we did get a bit i would say by sp 180 um on a couple of the comments there were about eight comments that they identified that they thought were uh in violation of uh sp 180 and then they identified a couple more that they said were potentially uh in violation so we're in the process now of addressing that some of it in my opinion is sort of ridiculous i'll give you uh one example like it said uh we got a comment that in the comp plan that said that uh our previous comp plan did not address uh traffic impact studies which i kind of indicated in there as a policy we know that that's already something required in our land development regulations so to say that it wasn't in the previous plan and you know so it was just just a lot of stuff like that that i've been trying to to work on one of the things that in talking with them what some cities are doing and probably is a strategy that i'm going to look at is some cities have just said hey okay i'll pull out all these policies even if i pulled that policy out it's still going to be required under our existing land development regulations there's some other things that are in conflict with requirements of the county in terms of uh some of the uh density bonus and other stuff that they said wasn't in our previous plan and i'm sitting here like well why didn't i just adopt a previous plan if that you know it's like that's how ridiculous sp 180 becomes after a while but um so i think one of the strategies that we're looking at is probably pulling out uh all of the policies that they've identified and as i said there we have uh some policies uh which are going to uh other plans or the county's uh requirements are going to kick in anyway and then once sb 180 uh cut sort of sunsets we'll come back and uh adopt those policies within the plan that's what a lot of cities are doing just you know to to get around the headaches that uh sb 180 now there may be a glitch bill i mean right now sb 180 i think sunsets in 2027. i know that they're looking at a glitch bill this year to kind of correct because they've the state has gotten feedback on how ridiculous sb 180 is and how adversely it's impacting some local governments tell us how you really feel daniel i'm sorry forgive me because this has been a piece of work you forgot the one where it was like uh the plan should say 2046 instead of 2045 because of the 2025 and 2026 but yeah so yeah so it's just yeah i have no more hair to pull out fortunately but uh you know so anyway i just wanted to give you an update on that uh that's uh the approach uh that we're going to take uh at this particular time hopefully in talking with them uh they can expedite the the second review of it since it's just kind of looking at those policies that i that i pulled out and i'll give you a update at the next meeting but we're trying to move this uh uh forward as quickly as possible so i just wanted to let you know what was what was happening with it is there any other nitpicky stuff that in your opinion gets in the way of the spirit of what we're trying to do with the comp plan um no okay no so we uh i i i actually felt pretty good because when i really looked at even though when i first saw that there were eight policies um that they identified as directly impacted when i looked at them uh probably about six of them are kind of what i just described to you um two of them i said okay well maybe they can argue that and no big deal we'll we'll pull those out now the ones that were potentially uh in violation they actually said that they wouldn't fight us if if i wanted to make a deal big deal out of it and and um uh you know adopt them in the plane anyway they really wouldn't fight us on it their comment on that was really that they think that they could potentially be in violation and their their warning to us was not to adopt it because we could potentially get into an issue with the developer or someone but as i said we're going to just set those aside we'll come back and we'll we'll adopt those uh into the plan at a later date so i'll i'll give you an update on where we stand uh at the next meeting that works all right thank you any other michael just just one quick thing um like like this month normally the meetings on the first tuesday of the month but in april it will be the second tuesday so that's april 14th happy birthday just really really quick danny so the the revised comp plan will come back to the board no it doesn't need to come back to this board uh on set it'll come back to the council once i get the okay from the state uh that they don't have any issues it'll go back to the council for a second reading or what we call the adoption uh hearing i'm hoping maybe by the time we have our next meeting that will that we may have already done that if not it'll probably be that following meeting okay okay anything else thank you meeting is adjourned