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04-20-06MIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING The Miami Shores Village Planning & Zoning Board conducted a meeting on Thursday, April 20, 2006 in the Council Chambers of Village Hall. The meeting was called to order at 7:00 PM with the following Board Members present: PRESENT: Richard Fernandez Robert Abramitis Sid Reese Cesar Sastre Mark Ulmer ALSO PRESENT: Richard Sarafan, Village Attorney David Dacquisto, Planning Director BOARD MEMBER DISCLOSURES Board Members disclosed their site visits and any conversations with the applicants. Mr. Sarafan swore in all those participating in the meeting. SCHEDULED ITEMS: PZ06-0223-5 Barry University 400 N.W. 115th Street Sec. 521: Site Plan Approval – New Medical Science Building Mr. Dacquisto offered information relating to the prior approval in May, 2004 and Barry University is looking to amend the site plan, to enable them to build in two phases. Mr. Dacquisto provided specific information relating to the site plan, including lot, building and parking particulars. Lighting and landscaping will conform to standards previously set and will resemble established lighting and landscaping. Planning & Zoning Staff recommend approval of the site plan with the finding that it is consistent with the technical provisions of the zoning code. Should the Board approve the application, the following conditions should apply: 1) Adequate landscaping be provided at completion of phase I and include two street trees per each 75 feet of street frontage, such frontage to include the existing parking lot at N.W. 115th Street and N.W. 2nd Avenue; 2) provide adequate sidewalk in front of the proposed medical science building that will connect the building at N.W. 5th Avenue location and the rest of the Barry campus; 3) provide adequate landscaping buffer along the entire length of N.W. 115th Street with appropriate plantings; 4) provide adequate lighting that meets minimum code requirements on eastern existing parking lot and on the parking lot west of N.W. 5th Avenue. A discussion regarding restrictive covenants took place, with Mr. Sarafan outlining the covenants that are on file. Mr. Freddy Ulloa and Architect Ed Cannon, representing Barry University, were present and addressed the Board with respect to parking facilities. Mr. Ulmer moved to approve the site plan application pursuant to the four conditions contained in the Staff report and repeated above and also subject to the condition that the parking agreements be finalized, executed and recorded. Mr. Reese seconded the motion and the vote was unanimously in favor of the motion. PZ06-0323-8 Shores Square Investment H & R Block 9013 Biscayne Boulevard Sec. 600 – Site Plan Approval – Sign Mr. Dacquisto indicated that the sign application was for a neon sign for H & R Block to be located at the Shores Square shopping center. All business signs must be approved by the Planning & Zoning Board. Mr. Dacquisto reported that the Shores Square shopping center is currently working on a number of improvements to the property, including new signage, which will necessitate a master sign plan. These plans are not yet complete nor is there a master sign plan at this time. Proposed H & R Block sign does meet the requirements outlined in the Code as per area and type. Planning & Zoning Staff recommend approval of the proposed wall sign with the finding that it is consistent with the technical provisions of the Zoning Code. A representative from Neon Sign Solutions spoke to the Board, indicating that they were replacing the broken sign with a smaller sign. Mr. Abramitis moved to approve the application. The motion was seconded by Mr. Sastre and the vote was unanimous in favor of the motion. PZ06-0323-9 Valerie Greenberg 10110 N.E. 4th Avenue Sec. 600: Site Plan Approval – Garage Enclosure As no one was present to represent the item, Mr. Sastre moved to table the item. Mr. Reese seconded the motion and the vote was unanimous in favor of the motion. PZ-06-0420-1 Miami Shores Christian Church 10150 N.E. 2nd Avenue Sec. 600: Site Plan Approval – Fence Mr. Dacquisto outlined the request for a 3.5 foot high rod-iron style aluminum fence in the front yard and provided specifics of the fence, the purpose and proposed location of the fence. The fence appears consistent with the provisions of the Village Code. Planning & Zoning Staff recommend approval of the fence with the finding that it is consistent with the technical provisions of the Zoning Code. The Planning & Zoning Board must determine whether the proposed improvements are harmonious with the community. Should the Board approve the fence application, Staff recommends that the following conditions apply: 1) Applicant to obtain a building permit prior to beginning the work; 2) Applicant to meet all applicable code provisions at the time of permitting. Pastor Drummond from the Church was present and clarified the location of the proposed fence for the Board and reiterated the purpose the fence will serve for the children of the congregation. Mr. Reese moved to approve the application subject to the recommendations of the Staff. Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion. PZ06-0420-2 Jon Steinmeyer 574 N.E. 96th Street Sec. 521 – Variance to allow an emergency generator Mr. Dacquisto provided information regarding the request for a variance, indicating that the application requests that the generator be placed 2.8 feet from the side lot line, thus encroaching into the side setback. Mr. Dacquisto reported the specific dimensions of the property. The applicant believes that strict adherence to the setbacks cannot be achieved due to the unusual physical conditions effecting the property. Staff finds no peculiar and unusual conditions effecting the property and the electrical generator can be located elsewhere on the plot. Planning & Zoning Staff recommend denial of the variance with a finding that it does not meet the requirements for consideration of a variance as listed in the Code under Section 702. However, should the Board vote to approve the variance, Staff recommends that the following conditions apply: 1) Applicant to obtain a building permit before commencing work and to provide setbacks and locate the generator as required by the Building Official; 2) Applicant to meet all applicable Code provisions at the time of permitting. Board questions of Mr. Dacquisto centered around the operation of the proposed generator, including noise levels and gas supplies. Mr. Jon Steinmeyer was present and spoke on his own behalf. Mr. Steinmeyer indicated that the proposed location of the generator was the most logical spot for the installation due to the proximity of the electrical source and natural gas line, as well as minimal impact to the neighbor. Board questions of Mr. Steinmeyer involved the criteria for hardship variance, gas supply and noise levels. A number of individual Board Members expressed their reservations regarding denying the application on its merits. However, as there is not evidence to indicate that there are peculiar or unusual circumstances attached to the property, the Board could not grant the variance. Mr. Ulmer moved to deny the application for a hardship variance. Mr. Reese seconded the motion. Additional discussion regarding the subject of generators ensued. When the vote was called, the vote was unanimous in favor of the motion to deny. PZ06-0420-3 Michael Nicoleau Dock & Marine Construction 1305 N.E. 104th Street Sec. 521 – Site Plan Approval - New Wood Dock Mr. Dacquisto offered information regarding the application to replace a wooden dock on the Biscayne Canal and the installation of an elevator boat lift. The previous dock had been damaged during last season’s hurricane and the property owner is looking to rebuild the dock. Per the Village Code, any development adjacent to Biscayne Bay or associated waterways require Code Board approval. The site plan has received preliminary approval from DERM. The Planning & Zoning Staff recommend approval of the proposed site plan with the finding that it is consistent with the technical provisions of the Zoning Code. Mr. Dacquisto confirmed that the site plan application includes the installation of an elevator boat lift. A discussion regarding the approval process and jurisdictional issues ensued. A representative from Dock & Marine Construction addressed the Board Members with additional information relating to the site plan application, including the timeline on the various agencies for permitting, i.e. DERM, Army Corp of Engineers, SFWMD, etc. Mr. Sastre moved approval of the application subject to the installation of reflectors on the eastern and western pilings and final approval of DERM. Mr. Abramitis seconded the motion. Clarification was obtained on the permit processing. The vote, when called, was unanimous in favor of the motion. PZ06-0420-4 Bank of America First State Investment 9190 Biscayne Boulevard Sec. 521 – Site Plan Approval – Sign Mr. Dacquisto indicated that the application was for a wall sign for the Biscayne Boulevard Bank of America branch. The original application was heard during the January, 2006 Meeting and included a number of signs. The applicant has submitted an amended application which is to include only one wall sign. There is a national campaign by Bank of America, they are attempting to replace all existing signs with the Bank’s new corporate colors. The Planning & Zoning Staff recommend approval of the proposed signs, as they are technically consistent with the Code. Mr. Gregory Davis from the Thompson Sign Company was present and spoke to the application, clarifying the previous proposals and the one currently before the Board, which is for a wall sign for the front elevation. Mr. Sastre moved approval of the application for one opaque face wall sign as presented. Mr. Ulmer seconded the motion and the vote was unanimous in favor of the motion. PZ06-0420-5 John Timinsky 1285 N.E. 104th Street Sec. 521 - Site Plan Approval – Shed Mr. Dacquisto presented information regarding the application for the installation of a shed. Planning & Zoning Staff recommend approval of the proposed site plan with a finding that it is consistent with the technical provisions of the Zoning Code. Mr. Sastre moved to approve the application as submitted. Mr. Abramitis seconded the motion and the vote was unanimous in favor of the motion. PZ06-0420-6 Jorge Cabrera 9550 N. Bayshore Drive Sec. 521 - Site Plan Approval – Addition Mr. Dacquisto reported information relating to the proposed first and second story addition to the existing residence. Planning & Zoning Staff recommend approval of the site plan in that it is consistent with the technical provisions of the Code. Mr. Ulmer moved to approve the site plan application subject to the recommendation of the Staff. Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion. PZ06-0420-7 Tom Telesco 86 N.E. 109th Street Sec. 521 - Site Plan Approval – Addition Mr. Dacquisto indicated that the proposed application is for a first floor and second story addition to the home. Mr. Dacquisto reported that a portion of the existing structure is non-conforming. The proposed addition does not include the area which is currently non-conforming by encroaching into the setback. As there was no additional impact to the non-conforming portion of the home, Planning & Zoning Staff recommend approval of the proposed addition, with a finding that the addition will not expand the non- conforming structure. Should the Board approve the application, Staff recommends the following conditions: 1) Applicant to obtain a Building Permit prior to commencing work; 2) Applicant to meet all applicable Code provisions at the time of permitting; 3) Steps to intrude no more than 4’ into required side yard; and 4) Color-thru tile to be used. Mr. Dacquisto clarified his recommendations for Mr. Telesco. Board discussion relating to the setback provisions and how to deal with the non-conforming structure issue ensued. Subsequent to the discussion, Mr. Ulmer moved to approve the application subject to the conditions recommended by staff outlined above. Mr. Reese seconded the motion. The motion and second were withdrawn to allow for public comment. Resident Marla Popkin expressed her concerns regarding the plan. Ms. Popkin’s concerns dealt with the aesthetics of the plan. Due to the Ms. Popkin’s questions regarding the plan and having not had an earlier opportunity to review the application, Mr. Ulmer moved to table until later this evening. Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion. PZ06-0420-8 Carter Winkle / Miguel Suarez 861 N.E. 91st Terrace Sec. 521 - Site Plan Approval – New Single Family Residence Mr. Dacquisto outlined the information contained in the application relating to the construction of a new single family residence. Planning & Zoning Staff recommends approval of the application as the plans meet the technical provisions of the Code. A number of questions were raised regarding the landscaping and lot coverage calculations contained in the plan. Mr. Dacquisto confirmed that the plan maximizes the allowable area for construction, but meets the setback provisions contained in the Code. Mr. Bill Cate, Architect for the project, spoke about the plans for the home. Board Members queried Mr. Cate regarding some of the specifics of the plan, including the open space issue which was previously discussed among the Members. Mr. Cate indicated that he would recommend to the clients that a landscape architect become involved with the project. It was confirmed that the architect would be willing to stipulate to adding the required street trees, add a maintenance agreement for the construction in the swale, and also to provide calculations for the coverages both in the swale and in the front yard as they relate to paved areas. Following the discussions, Mr. Abramitis moved to deny the application. Mr. Sastre seconded the motion. Mr. Abramitis indicated that the reason for his motion is due to proposing construction to the setback limits and also due to the lack of an adequate landscaping plan. Additional discussion regarding concerns with the proposed landscaping plans took place. Based on the discussions and with the previous motion pending, Mr. Reese moved to table the item in order to give the applicant the opportunity to revise the plans. Mr. Ulmer seconded the motion. The motion carried 4 to 1 with Mr. Abramitis dissenting. PZ06-0420-7 Tom Telesco Item heard previously in the meeting. Mr. Ulmer requested that the item earlier tabled be heard at this time. Mr. Ulmer restated his earlier motion which was to move approval of the application subject to the conditions recommended by staff and outlined above. Mr. Reese seconded the motion. The motion carried by a 4 to 1 margin, with Mr. Fernandez dissenting. PZ06-0420-9 Ellen Bonet 1361 N.E. 104th Street Sec. 521 - Site Plan Approval – Front Porch Mr. Dacquisto provided information relating to the application to add an addition to the front porch of the existing home and stated that the application meets the technical provisions of the Code. The Planning & Zoning Staff recommend approval of the site plan application. If the Board approves the plan, Staff recommends the following conditions: 1) The applicant obtain a Building Permit prior to commencing work and 2) Applicant to meet all applicable Code provisions at the time of permitting. It was confirmed that no portion of the proposed porch was to be enclosed with wood siding. A question was also raised regarding the trellis type roof for the porch. Mr. Alex Bonet was present and spoke on issues relating to the proposed addition. Mr. Bonet indicated that there is an existing residence that has a trellis roof design. Mr. Ulmer moved to approve the application subject to the conditions recommended by staff as indicated above. Mr. Sastre seconded the motion. Board Members discussed their thoughts on the item. The motion carried 3 to 2 with Mr. Fernandez and Mr. Abramitis dissenting. PZ06-0420-10 Jacqueline Butler 1461 N.E. 102 Street Sec. 521 – Site Plan Approval – Addition/Second Story Revised plans were distributed at the meeting. Mr. Dacquisto reported that the application was for a second story addition and driveway reconfiguration. Mr. Abramitis moved to table the item. Mr. Ulmer asked the difference in the plans. Mr. Dacquisto indicated that as deficiencies in the previous plans had been corrected, Staff is recommending approval of the application as the plan meets the technical provisions of the Code. Should the Board approve the application, the following conditions should apply: 1) Applicant obtain a Building Permit prior to beginning construction; 2) Applicant to meet all applicable Code provisions at the time of permitting; 3) Color-thru tiles be utilized; 4) the circular drive on the property is not to exceed 20’ in width from the garage direct to the Street and 12’ in width for the remainder of the property. Mr. Dan Owens, Architect for the project, addressed the Board regarding the proposal. Mr. Reese moved to approve the revised plan as presented including the Staff recommended conditions 1 through 3 with the new dimensions applying to the circular drive. Mr. Ulmer seconded the motion and the vote was unanimous in favor of the motion. The April 20, 2006 Planning & Zoning Board Meeting was adjourned at 10:30 PM. Please note that these Minutes were developed using only the audio tapes. __________________________ Richard Fernandez, Chair ____________________________ Barbara A. Estep, MMC Village Clerk