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Planning & Zoning Board

Regular Meeting

Hialeah, FL · October 23, 2024

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Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2024 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN October 23rd, 2024 Summary Agenda-Minutes HIALEAH CITY HALL 6:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. REPORT: Planning and Zoning Board Chairman, Diego Perez called the meeting to order at 6:10 P.M. Invocation and pledge of allegiance. REPORT: Planning and Zoning Board Member, Abdel Jimenez led the invocation and pledge of allegiance. MEETING GUIDELINES The following guidelines apply to today’s Planning and Zoning Board Meeting:  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on any item on the agenda, may do so during the meeting.  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard. REPORT: Planning and Zoning Planner I, Yiselis Gato read the meeting guidelines for the record. ALL LOBBYISTS MUST REGISTER WITH THE PLANNING AND ZONING BOARD PRIOR TO ITEM BEING HEARD A MAXIMUM OF 4 SPEAKERS IN FAVOR AND 4 SPEAKERS IN OPPOSITION WILL BE ALLOWED TO ADDRESS THE PLANNING AND ZONING BOARD ON ANY ITEM. EACH SPEAKER’S COMMENTS WILL BE LIMITED TO 3 MINUTES. 1. Roll Call. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- SUMMARY AGENDA MINUTES- OCTOBER 23RD, 2024 Present: Mr. Perez, Mr. Iglesias, Mr. Santiesteban, Mrs. Henriquez, Mr. Jimenez, and Mr. Masson. Late: Mr. Ulloa arrived at 6:57 P.M. 2. Approval of Planning and Zoning Board Summary Agenda of September 25th, 2024 as submitted. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with board member Mr. Ulloa absent for the vote. Item approved. ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. REPORT: All were duly sworn in by Planning and Zoning Planner I, Yiselis Gato. 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 A 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 OF 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 REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, NOVEMBER 12TH, 2024. LU-1. Small Scale Map Amendment from Commercial to Medium-Density Residential. Property is located at 55 West 29th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Alejandro J. Arias, Esq., on behalf of Pineyro Investments, Inc. Planner’s recommendation: Approval. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Alejandro J. Arias, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to approve: Mr. Iglesias; Second: Mr. Santiesteban. Motion Passed:6-0-1 with board member Mr. Ulloa absent for the vote. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- SUMMARY AGENDA MINUTES- OCTOBER 23RD, 2024 Item approved. LU-2. Small Scale Map Amendment from Low-Density Residential to Medium-Density Residential. Properties are located at 1158 West 71st Street and 1164 West 71st Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq., on behalf of Our Lady of Lourdes Pre-School. Planner’s recommendation: Denial. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Table the Item until November 13th, 2024: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed:6-0-1 with board member Mr. Ulloa absent for the vote. Item tabled until November 13th, 2024 meeting. LU-3. Small Scale Map Amendment from Low-Density Residential to Medium-Density Residential. Property is located at 4595 East 4th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq., on behalf of Empyrean Townhomes, LLC. Planner’s recommendation: Approve with condition. REPORT: Planning and Zoning Director, Deborah Storch spoke on this item. REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Planning and Zoning Board member, Mrs. Henriquez spoke on this item. REPORT: Planning and Zoning Board member, Mr. Santiesteban spoke on this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Jimenez. Motion Passed:6-0-1 with board member Mr. Ulloa absent for the vote. Item approved with the following condition:  Approval contingent upon the establishment of specific timelines for permitting and construction. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6: 26 P.M. ______________________________________________________________________________ 3 HIALEAH PLANNING AND ZONING BOARD MEETING- SUMMARY AGENDA MINUTES- OCTOBER 23RD, 2024 CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING REPORT: Planning and Zoning Board Chairman, Diego Perez called the meeting to order at 6:26 P.M 1. Approval of Planning and Zoning Board Summary Agenda of September 25th, 2024 as submitted. Motion to Approve: Mr. Henriquez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with board member Mr. Ulloa absent for the vote. Item approved. 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 A 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 OF 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 REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, NOVEMBER 12TH, 2024. 2. Variance permit to allow surface parking facing West 4th Avenue, where surface parking shall not be located at the front of the building; allow 272 parking spaces, where 287 parking spaces are required, and to allow a modification to the Declaration of Restrictions recorded in Official Records Book 33193, Page 3671 of the Public Records of Miami-Dade County, Florida. Property is located at 7450 West 4th Avenue, Hialeah, zoned R-3-3 (Multiple-Family District). Applicant: Alejandro Arias, Esq., on behalf of AMELIA TH 49, LLC. Planner’s recommendation: Approval. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Erica Adams, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Planning and Zoning Board member, Mr. Jimenez spoke on this item. REPORT: Planning and Zoning Board member Mrs. Henriquez spoke on this item. 4 HIALEAH PLANNING AND ZONING BOARD MEETING- SUMMARY AGENDA MINUTES- OCTOBER 23RD, 2024 REPORT: Juan Santana (Lobbyist), 5601 West 10th Avenue, Hialeah, 33012 spoke in favor of this item. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with board member Mr. Ulloa absent for the vote. Item approved. 3. Rezoning property from C-2 (Liberal Retail Commercial District) to R-3-3 (Multiple- Family District). Variance permit to allow interior west side setback of 7 feet and 11 inches, where 10 feet are required, and variance to allow 16.93% pervious area, where 30% is the minimum required. Property is located at 55 West 29th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Alejandro Arias, Esq., on behalf of Pineyro Investments, Inc. Planner’s recommendation: Approve with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Alejandro J Arias, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Approve with Conditions: Mr. Santiesteban; Second: Mrs. Henriquez. Motion Passed: 6-0-1 with board member Mr. Ulloa absent for the vote. Item approved with the following conditions:  Remove all commercial signage.  Obtain a Street Department permit to rebuild the curb, gutter, and sidewalk where the project proposes landscape islands along West 29th Street. 4. Rezoning properties from R-1 (One-Family District) to R-3-1 (Multiple-Family District). Variance permit to allow interior east side setback of 7.53 feet, where 10 feet are required, and allow interior west side setback of 7.50 feet, where 10 feet are required. Conditional Use Permit (CUP) to allow a K-4th grade elementary school with a maximum capacity of 46 students in conjunction with a 75-children daycare. Variance permit to allow 12 parking spaces, where 51 parking spaces are required, and to allow all parking spaces to back out into the right-of-way, where back out into the right-of-way is only permitted in Low- Density Residential properties, and to waive all landscaping requirements. Properties are located at 1158 West 71st Street and 1164 West 71st Street, Hialeah, zoned R-1 (One- Family District). Applicant: Ceasar Mestre, Esq., on behalf of Our Lady of Lourdes Pre-School. Planner’s recommendation: Denial for the CUP, Rezoning, and parking and pervious variances. Staff recommends approval for the setback variance. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. 5 HIALEAH PLANNING AND ZONING BOARD MEETING- SUMMARY AGENDA MINUTES- OCTOBER 23RD, 2024 REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. Motion to Table the Item until November 13th, 2024: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed:6-0-1 with board member Mr. Ulloa absent for the vote. Item Tabled until November 13th, 2024 meeting. 5. Conditional Use Permit (CUP) to allow the expansion of an existing school with grades 6-12th grade and to allow an increase of 250 students for a maximum population of 1,250 students. Property is located at 2590 West 76th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Alejandro J. Arias, Esq., on behalf of City of Hialeah Educational Academy (COHEA). Planner’s recommendation: Approval of the CUP for a student population increase to 1,250 students subject to conditions 1 through 7 enumerated above. REPORT: Planning and Zoning Director, Deborah Storch spoke on this item. REPORT: Hugo P. Arza, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Planning and Zoning Board member, Mr. Santiesteban spoke on this item. REPORT: Planning and Zoning Board member, Mr. Jimenez spoke on this item. REPORT: Planning and Zoning Board member, Mr. Ulloa spoke on this item. REPORT: Carlos Alvarez, Principal of COHEA, 2590 West 76th St, Hialeah 33016 spoke in favor of this item. REPORT: Jessica Santana, 5601 West 10th Avenue, Hialeah 33012 donated her time to Juan Santana to speak. REPORT: Juan Santana, 5601 West 10th Avenue, Hialeah 33012 spoke in opposition to this item. REPORT: Jose Azze, 788 SE Park Drive, Hialeah 33010 spoke in opposition to this item. REPORT: Assistant City Attorney, Alexander J. Magrisso, Esq. spoke on this item. Motion to Table the Item until November 13th, 2024: Mr. Ulloa, Second: Mr. Masson. Motion Passed: 7-0. Item tabled until November 13th, 2024 meeting. 6 HIALEAH PLANNING AND ZONING BOARD MEETING- SUMMARY AGENDA MINUTES- OCTOBER 23RD, 2024 MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 6. TENTATIVE PLAT OF SAFELY STORE TRACT. Planner’s recommendation: Approval is subject to comments. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Approve Subject to Comments: Mr. Santiesteban; Second: Mr. Iglesias. Motion Passed: 7-0. Item approved subject to comments. 7. Old Business. None. 8. New Business. Planning and Zoning Director, Debora Storch wished the board members a Happy Halloween. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 8:20 P.M. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING, A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE PLANNING DIVISION NO LATER THAN SEVEN DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 883-8075 OR (305) 883-8076 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE) FOR ASSISTANCE. If you decide to appeal any decision made by the board, with respect to any matter considered at the meeting, you will need a record of the proceedings, and you may 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. NEXT PLANNING AND ZONING BOARD MEETING: WEDNESDAY, NOVEMBER 13TH, 2024 AT 6:00 P.M. 7

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING October 23rd, 2024 Agenda HIALEAH CITY HALL 6:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. Invocation and pledge of allegiance. MEETING GUIDELINES The following guidelines apply to today’s Planning and Zoning Board Meeting:  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on any item on the agenda, may do so during the meeting.  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard. ALL LOBBYISTS MUST REGISTER WITH THE PLANNING AND ZONING BOARD PRIOR TO ITEM BEING HEARD A MAXIMUM OF 4 SPEAKERS IN FAVOR AND 4 SPEAKERS IN OPPOSITION WILL BE ALLOWED TO ADDRESS THE PLANNING AND ZONING BOARD ON ANY ITEM. EACH SPEAKER’S COMMENTS WILL BE LIMITED TO 3 MINUTES. Roll Call. ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. SUMMARY MINUTES, OR A COPY OF THE AUDIO FILE OF 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 REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, NOVEMBER 12TH, 2024. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 23RD, 2024 LU-1. Small Scale Map Amendment from Commercial to Medium-Density Residential. Property is located at 55 West 29th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Alejandro Arias, Esq., on behalf of Pineyro Investments, Inc. LU-2. Small Scale Map Amendment from Low-Density Residential to Medium-Density Residential. Properties are located at 1158 West 71st Street and 1164 West 71st Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq., on behalf of Our Lady of Lourdes Pre-School. LU-3. Small Scale Map Amendment from Low-Density Residential to Medium-Density Residential. Property is located at 4595 East 4th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq., on behalf of Empyrean Townhomes, LLC. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 1. Approval of Planning and Zoning Board Summary Agenda of September 25th, 2024 as submitted. 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 A 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 OF 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 REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, NOVEMBER 12TH, 2024. 2. Variance permit to allow surface parking facing West 4th Avenue, where surface parking shall not be located at the front of the building; allow 272 parking spaces, where 287 parking spaces are required, and to allow a modification to the Declaration of Restrictions recorded in Official Records Book 33193, Page 3671 of the Public Records of Miami- Dade County, Florida. Property is located at 7450 West 4th Avenue, Hialeah, zoned R- 3-3 (Multiple-Family District). Applicant: Alejandro Arias, Esq., on behalf of AMELIA TH 49, LLC. 3. Rezoning property from C-2 (Liberal Retail Commercial District) to R-3-3 (Multiple- Family District). Variance permit to allow interior west side setback of 7 feet and 11 inches, where 10 feet are required, and variance to allow 16.93% pervious area, where 2 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 23RD, 2024 30% is the minimum required. Property is located at 55 West 29th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Alejandro Arias, Esq., on behalf of Pineyro Investments, Inc. 4. Rezoning properties from R-1 (One-Family District) to R-3-1 (Multiple-Family District). Variance permit to allow interior east side setback of 7.53 feet, where 10 feet are required, and allow interior west side setback of 7.50 feet, where 10 feet are required. Conditional Use Permit (CUP) to allow a K-4th grade elementary school with a maximum capacity of 46 students in conjunction with a 75-children daycare. Variance permit to allow 12 parking spaces, where 51 parking spaces are required, and to allow all parking spaces to back out into the right-of-way, where back out into the right-of-way is only permitted in Low-Density Residential properties, and to waive all landscaping requirements. Properties are located at 1158 West 71st Street and 1164 West 71st Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq., on behalf of Our Lady of Lourdes Pre-School. 5. Conditional Use Permit (CUP) to allow the expansion of an existing school with grades 6-12th grade and to allow an increase of 250 students for a maximum population of 1,250 students. Property is located at 2590 West 76th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Alejandro J. Arias, Esq., on behalf of City of Hialeah Educational Academy (COHEA). MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 6. TENTATIVE PLAT OF SAFELY STORE TRACT. 7. Old Business. 8. New Business. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING, A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE PLANNING DIVISION NO LATER THAN SEVEN DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 883-8075 OR (305) 883-8076 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE) FOR ASSISTANCE. If you decide to appeal any decision made by the board, with respect to any matter considered at the meeting, you will need a record of the proceedings, and you may 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. NEXT PLANNING AND ZONING BOARD MEETING: WEDNESDAY, NOVEMBER 13TH, 2024 AT 6:00 P.M. 3

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