The Davie Town Council reconsidered a request related to a residential gate at a property commonly referred to in the meeting as the “Marty” case and voted to allow a six-foot gate while denying a variance that would permit a fully opaque (solid) backing.

Attorney Matt Lines, representing the property owner (referred to in the hearing as Miss Marti), argued the town’s fence regulation applies to fences and not gates and said the gate would not violate the 50% opacity limit even if counted as a fence. He said the owner replaced an existing damaged gate after being told she did not need a permit and presented photos showing other opaque gates in the neighborhood.

Multiple neighbors opposed the variance. Daniel Munavaro said he felt intimidated by a neighbor during the dispute and urged denial, saying a fully enclosed, opaque gate would impede visibility and emergency response. Maria Martinez Munevar and other neighbors cited repeated disruptive activity at a nearby short‑term rental and said a solid gate would further conceal criminal or dangerous activity; they asked the council to consider public-safety and neighborhood impacts when deciding.

A number of speakers raised technical and legal objections. Public commenters and one speaker who identified himself as a resident and community member (Mike McKee) cited provisions of the Town of Davie Land Development Code and Florida building-code wind-load requirements for high‑velocity hurricane zones. McKee said documentation submitted with the application was incomplete or inconsistent and argued the hardship claimed was self‑created. Planning and Zoning staff had recommended denial at an earlier hearing because the gate did not meet the town’s requirements for transparency and safety.

The applicant’s attorney said his client is willing to apply for a permit and that the town asked her to seek a variance; he said the permit and inspection process could address wind-load and structural concerns.

Councilmember Louis Lewis, who requested reconsideration of the earlier approval, moved to approve a six‑foot gate (height variance) but to deny relief for a fully opaque backing; Councilmember Whitman seconded the motion. The roll call vote was Whitman – yes; Mayor Paul – no; Starkey – yes; Vice Mayor Hatton – yes; Lewis – yes. The motion passed 4–1.

After the vote staff and the mayor stated the approved gate will require an after‑the‑fact permit and inspections to verify that the gate meets the Town of Davie code and South Florida building-code wind requirements. Councilmembers emphasized that permitting and inspections must confirm non‑opaque design details and wind certification before the gate would be acceptable under town code.

The council did not set new code language during the hearing. Several council members and the town attorney noted broader community concerns about short‑term rentals, enforcement and code clarity, but those issues were not decided at the meeting.