03-26-06MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD
REGULAR MEETING MARCH 26, 2006
The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday,
March 26, 2006 at the Village Hall. The meeting was called to order by
ITEM I: ROLL CALL: Richard Fernandez, Chairman
Sid Reese
W. Robert Abramitis
Cesar Sastre
Mark Ulmer
ALSO PRESENT: Travis Schenk, Michelle Melgren & Associates
Michelle Melgren, Michelle Melgren Associates
Richard Sarafan, Village Attorney
Emilia S. Palmer, Recording Secretary
Mr. Al Davis, Mayor
Mr. Sarafan swore in all those participating in the meeting.
Chairman Fernandez disclosed that he visited 160 NE 99 ST and 325 NE 104 St
Mr. Sastre disclosed that he visited all the sites.
Mr. Abramitis disclosed that he visited all the sites. He submitted a list of name that are opposed
to the project at 160 NE 99 St.
Mr. Reese disclosed that he visited all the sites.
SPECIAL DISCLOSURES
Chairman Fernandez discloses if the applicants at the end of the agenda would like to
reschedule to the April 13, 2006 meeting.
Mr. Ulmer disclosed that there will be a public hearing in reference to the voltage poll on
April 3, 2006 at the Griffin Adams Center in North Miami, Florida.
ITEM III: SCHEDULE ITEMS
PZ06-0223-1
Subway (tenant)
Ari Sklar (owner)
MSVC LLC
9458 NE 2nd Ave
Mr. Ulmer made a motion to table the application to be placed after case PZ06-0323-7. Mr.
Sastre seconded. Motion passed 5-0.
PZ06-0223-7
160 Enterprises LLC (owner)
Madeline Romanello (applicant)
160 NE 99 ST
Model II
Sec.604: site plan approval-New single family
This application was table from the meeting on February 23, 2006. Mr. Schenk explained the
basis of the request, the site conditions, and recommended approval of the application subject to
reduce the height of the existing wall to three feet within the 10-foot sight distance triangle,
provide more architectural relief and style on the left side elevation, demolish existing concrete
block structure. A demotion permit is required; provide a detailed survey at time of permitting
showing existing structures, all easements, /right-of-way lines, existing elevations, and trees and
to be harmonious with the community. The applicant proposes to build one single family
residence on one of the two new lots. The applicant also proposed a two story residence with
modern style box architecture. The residence will have access to NE 99th Street via a 20-foot
wide driveway with brick pavers. The residence will have a two-car garage. The landscape plan
shows two oak trees to be place in the swale. The applicant proposed to provide a 40 square foot
clear area for garbage removal at the rear property line along the alley. Mr. Schenk testified that
the application meets the general requirements and technical provisions with the code. After
discussion from the Board, Mr. Ulmer made a motion to approve the site plan application. Mr.
Abramitis seconded. Motion passed 5-0.
PZ06-0323-1
Tom and Sandra Chaille
1480 NE 103 St
Mr. Schenk explained the basis of the request, the site conditions, and recommended approval of
the site plan application. Mr. Schenk testified that the applicant proposed to construct a boat lift
on the retaining wall at the rear of the property in order to provide safe harbor for the owner’s
boat. The applicant has preliminary approval from DERM. Mr. Tom Chaille was present. After
discussion from the Board, Mr. Sastre made a motion to approve the site plan application. Mr.
Reese seconded. Motion passed 5-0.
PZ06-0323-2
Adelmo & Mata Guisti
9801 NE 1st Ave
Sec.512: Variance-rear deck to extend into the rear by 7.2 feet, or 7.8 feet from the rear property
line.
In response to questions posed by the Board, Mr. Schenk indicated that he considered the
orientation of the home in his recommendation and that in his opinion, the orientation constituted
a peculiar and unusual circumstance of the property. Based on this information, Mr. Ulmer
moved that a peculiar and unusual circumstance exists due to the way the house faces the street
and that a variance be granted to the applicant. Mr. Sastre seconded the motion and the vote was
4 to 1 in favor of the motion, with Mr. Fernandez voting against the motion. The applicant
confirmed that the deck railings were within the height limitations cited in the code.
PZ06-0323-3
Flavio Carvalho
165 NE 92 St
Sec.521 (b) (2) a: Variance- to allow a driveway to be 5’from a side property line; to allow a
driveway located in the rear and accessed from an alley to be 20’ wide.
Mr. Schenk explained the basis of the request, the site conditions, and recommended denial of
the application for a variance. Mr. Schenk testified that the applicant is seeking for a variance to
accommodate a commercial vehicle and trailer on the lot. Mr. Schenk stated that in order to
process a variance application the applicant must demonstrate the following: the alleged peculiar
and unusual conditions affecting the property, the alleged reason why such conditions make it
impossible strictly to apply specified provision of this ordinance to the property. He also stated
that if the Board decides to approve the application the following conditions should apply, the
applicant must pay an additional fee of $200.00 as this is an application for two variances, which
required additional processing time; at time of permitting meet all other applicable Code
provisions; remove portion of the existing asphalt driveway within the swale that runs parallel to
NW 92nd Street; plant two trees in the swale approved by the Village and remove existing pavers
porch within the west side setback. Mr. Flavio Carvalho was there to present the cases. Mr.
Carvalho submitted new set of plans. Mr. Schenk stated that he need time to review the
submitted plans. After discussion from the Board, Mr. Sastre made a motion to table the
application, to give the opportunity for staff to review the plans. Mr. Abramitis seconded. Motion
passed 5-0.
PZ06-0323-4
Alex & Ellen Bonet (owners)
1361 NE 104 St
Mr. Schenk explained the basis of the request, the site conditions, and recommended approval of
the variance application with a finding that it meets the majority of the requirements for
consideration of a variance. He also explained that the applicant proposed to construct a circular
drive at the front of the property in order to provide an appropriate turning radius. Mr. Schenk
stated if the Board decided to approve the application the following conditions should apply:
applicant must reduced the width of the straight approach into the garage by six inches to meet
Code requirements, reduced the flares at all entry-21/2 foot flares are the maximum allowed,
plant two street in the swale approved by the Village. The property owner Alex & Ellen Bonet
were there to present the cases. Mr. Bonet testified that with future landscape the proposed
driveway will enhance the frontage of the property. He also testified that there are three homes
on the block with 20 foot swales. Some of the Board members stated that there are other ways to
install a driveway without a request for a variance. Mr. Bonet withdrew the front porch
application. After discussion from the Board, Mr. Sastre made a motion to deny the application.
Mr. Reese seconded. Motion passed 5-0.
Sec.521 (b) (2) a: Variance- to allow a driveway to be 5’from a side property line.
PZ06-0323-5
Myers Noel (owner)
1205 NE 95 St
Sec.600: Site plan approval-3 car garage addition-detached.
Mr. Schenk explained the basis of the request, the site conditions, and recommended denial of
the application. He also explained that the applicant proposed to construct a three car garage in
the rear yard. The proposed construction will include a three car garage will replace and expand
the area of the rear yard that currently provides parking. The building is 30’ in width and 26’ in
depth and meets all setback requirements. Also a 25Kw generator is also proposed in the rear
yard to be located behind the garage. The rear yard calculations were provided by the applicant
and are as follows: rear yard is 6,095 square feet and the coverage is 780 square feet, which is
12.8% of the rear yard. Mr. Myers Noel (owner) and Mr. James Smith (architect) were there to
present the case. Mr. Noel testified that he didn’t receive notice from staff with comments made
by Mr. Schenk. After a discussion from the Board, Mr. Abramitis made a motion to table the
application. Mr. Sastre seconded the motion. Motion passed 5-0.
PZ06-0323-6
Jennifer & Albert Quinton III
457 NE 95 ST
Sec.600: Site plan approval 3-car garage
Mr. Schenk explained the basis of the request, the site conditions, and recommended denial of
the application. Mr. Schenk testified that the applicant proposed to demolish an existing carport,
replace it with a pool cabana, and construct a pool and pool deck. He also stated that the
proposed pool and the cabana meet all setback requirements. Staff is concern that the
characteristic of the cabana lend to propensity for the structured to be used as a guest house. Mrs.
Jennifer Quinton (owner) and Ana Alvarez (architect) were there to present the case. Mrs.
Quinton testified that the intentions fro the proposed cabana will be for storage and a game room.
Chairman Fernandez stated that the property owner should record a covenant of restrictive use
and unity of title. After a brief discussion from the Board, Mr. Sastre made a motion to approve
the application subject to record a covenant of restrictive use and a unity of title. Mr. Reese
seconded. Motion passed 5-0.
Sec. 604: Site plan approval-Change in use
Mr. Schenk explained the basis of the request, the site conditions, and recommended denial of
the application for change in use. Mr. Schenk stated that the applicant proposed to build an
interior commercial space of 961 square foot for a restaurant with; there will be 7 tables for sit-
down dining. This will require 1 parking space for 100 square feet. Mr.Schenk stated that the site
plan was approved fro retail only. He testified that that the site plans shows a total of 1690 of
square feet for sit-down restaurant space and 7225 square feet of retail space. The sit-down
restaurant space will required 17 parking spaces and 29 parking spaces for retail. Mr. Oscar Sklar
was there to present the case. Mr. Sklar testified that there is an agreement with 9699 NE 2nd Ave
for additional parking for the. New information was submitted. Staff stated that they needed time
to review the new information that was submitted. Some of the members are concern about the
parking requirements. After further discussion from the Board, Mr. Ulmer made a motion to
table the site plan application. Mr. Reese seconded. Motion passed 4-1. Mr. Abramitis voted no.
V. NEXT MEETING.
The next regular meeting will be on April 20, 2006
V. ADJOURNMENT
The March 26, 2006 Planning and Zoning meeting was adjourned at 11:00 P.M
__________________________ ____________________________
Emilia Palmer, Recording Secretary Chairman, Planning & Zoning Board