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P&Z 9.7.05Planning and Zoning 1 June 23, 2005 MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING September 7, 2005 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, September 7, 2005, at the Village Hall. The meeting was called to order by Richard Fernandez, Chairman at 7:00 P.M. with the following persons present: ITEM I: ROLL CALL: Richard Fernandez, Chairman Tim Crutchfield Sid Reese W. Robert Abramitis Cesar Sastre (Absent.) ALSO PRESENT: Al Berg, Planning & Zoning Director Richard Sarafan, Village Attorney Emilia S. Palmer, Recording Secretary Mr. Berg swore in all those participating in the meeting. Chairman Fernandez disclosed that he visited 137 NW 108 St, 301 NE 101 St, 9523 NE 2 Ave, 128 NW 99 St, 955 NE 95 ST, 9450 NE 2 Ave. Mr. Abramitis disclosed that he visited all the sites. Mr. Reese disclosed that he visited all the sites ITEM II: APPROVAL OF MINUTES- The May 26, 2005 minutes were moved to the end of the agenda. ITEM III: SCHEDULE ITEMS PZ05-0825-03 M. S.V.C., Gladys Matz (owner) Tri-Village Realty (Tenant) 9523 NE 2 Ave Sec. 604: Site plan approval-Sign. Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application for a window sign with a 12’’ logo and 6 ½ letter for Tri State Realty that will be 13 sq. ft., and a door sign, that will be 2’x1’ total with the names of the broker and realtor to about 2 ½ . Mr. Berg stated that the site is zoned B-1 which allows 1 ½ square of signage per lineal foot of building wall facing the street in the front. They would be allowed 16 square feet where 24 square feet (16 x 1 ½) are allowed. He also stated that the lettering and logo are proportionately done and the color would work Planning and Zoning 2 June 23, 2005 well with the façade. He stated that is anticipated that the owner will be submitting a sign survey for the entire building and additional awning lettering. After a brief discussion from the Board, Mr. Crutchfield made a motion to approve the application. Mr. Reese seconded. Motion passed (4-0). PZ05-0825-06 Lorraine & Edward Duffy (owner) 137 NW 108 St Sec. 701: Appeal Admin. Official- carport cover color Mr. Berg explained the basis of the request, and the site conditions, and recommended a different color which more appropriately for the building and its existing roof and wall color scheme. Mr. Berg stated that the applicant applied for color approval of a new awning (orange) which it was denied by the Administrative Official. Mrs. Lorraine Duffy was present (owner). She stated that the color coordinates with the property roof and the awning is not too visible on NW 8th street. Mr. Crutchfield stated that is possible that the color will fade out with some time. Chairman Fernandez asked if there is a chart of the manufactures of other colors. Mrs. Duffy presented a chart of other color, which was reviewed by Mr. Berg. After a short discussion Mrs. Duffy agreed to change the color. After a discussion from the Board, Mr. Crutchfield made a motion to table the application. Mr. Abramitis seconded. Motion passed (4-0). PZ05-0825-10 South Florida Fidelity (owner) Food n Such (Tenant) 8849 Biscayne Boulevard Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application subject to removal of the sign on the window and the telephone number, to reduced the cabinet sign size to 18’’x 10’, this would allowed Food n Such to be at the requested height (10’’), West Indian/American at the requested height (5’’), Convenience Store (3’’). Mr. Berg explained that the site is zoned B-2 which allows 3 square feet of signage per lineal foot of building wall. The tenant will occupy a space with 40 feet of frontage and would be allowed 120 square feet (40x3=120) of area. Ms. Hazel Chamber (tenant) was present. Ms. Chambers doesn’t agree on the removal of the telephone number. Mr. Abramitis suggested eliminating one sign and replacing with the phone number. Mr. Crutchfield suggested eliminating the phone number and replacing it with 5’ white vinyl letter on the window or door. After discussion from the Board Mr. Crutchfield made a motion to approve the application subject to the height of the sign to be modify to 2 feet and removal of the telephone number from the sign and replace it with 5’ white vinyl letter on the window or door. Mr. Reese seconded. Mr. Abramitis and Chairman Fernandez stated the 18’’x 10’ is consistent with other signage in the area. Motion failed (2-2). Mr. Abramitis and Chairman Fernandez voting no. Mr. Abramatis made a new motion to approve the sign application subject to reduce the size to 18’’x10’ with same color scheme and removal of the telephone number. Mr. Crutchfield seconded. Motion passed (4-0). Planning and Zoning 3 June 23, 2005 PZ05-0224-04 James Smith (agent) Simone Mayer (owner) 128 NE 99 St Sec. 604: Site plan approval-garage enclosure/addition Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application based on the Council recommendation. This application was denied by the Planning & Zoning Board on April 28, 2005. The applicants appeared before the Village Council and the Council voted 5-0 that the applicants did not need a variance and that they should return to the board for site plan approval. Mr. Berg stated that the county standard for driveways install on the right of way is 15 feet back from the corner. He also noticed that there is concrete slab PZ05-825-01 Christina Ricci (owner) 128 NE 99 ST Sec. 516 (e): requesting variance for vinyl shed where only metal is permitted. Mr. Berg explained the basis of the request, and the site conditions, and recommended denial of the request. Mr. Berg stated that Section 516(e) of the zoning code provided for erection of metal shed but does not allow the use of other material except masonry (exterior walls). He also stated that vinyl shed have been discussed in the past and are clearly not allowed by our code, and that there is an issue of safety and product approval and what would happen in the event of a hurricane. Ms. Christina Ricci was present. Ms. Ricci stated that her shed is safe with wind lows up to 150 MPH. The property owner submitted a structural evaluation report from the manufacture. Mr. Berg stated that there is no permit on file for the shed and that currently fines from Code Enforcement Department. Mr. Abramitis asked if there was any inspection on the shed. Ms. Ricci responded no. Mr. Reese stated agrees that vinyl shed are well develop than steel shed and suggested to table until the there is a change of code. Mr. Crutchfield stated that the application doesn’t meet the variance regulations. After discussion from the Board, Mr. Abramitis made a motion to deny the application for a variance. Mr. Crutchfield seconded. Motion passed (4-0). PZ05-0825-02 Donald Stobs (owner) 9505 NE 5 Ave Sec.701: Appeal of Admin. Official; Sec 521(b) 2(b): paving in the right of way. Planning and Zoning 4 June 23, 2005 Mr. Berg explained the basis of the request, and the site conditions, and recommended denial of the request. Mr. Berg stated that the applicant doesn’t have a survey which is requires for a permit, also that there was no permit obtained for the right of way paving. The applicant has been cited by Code Enforcement for not maintaining the asphalt and for not maintaining the grass. Mr. Berg also stated that staff has been diligently working on improving the appearance of the community by not allowing excessive paving and requiring street trees, landscaping, and drainage. The requirement, as well as Miami- Dade County, limits driveway widths to 20’. Mr. Donald Stobs was present. Mr. Stobs doesn’t agree that he need a survey for the parkway. Mr. Berg stated that the applicant is allowed 50% of length and when you paved 60 feet of right way there will be no drainage. Mr. stated that cut a 5 foot angle to south end of the right of way to keep it from running to the roots of an oak tree, and also that he doesn’t want a circular driveway because he already have enough landscaping on the property. Currently the property owner has to parking spaces within the setback. After discussion from the Board, Mr. Crutchfield made a motion to approve the application subject to 5 foot cut back between the parking area to the sidewalk. Mr. Reese seconded. Motion passed (4-0). PZ05-0825-04 Mark Campbell (agent) Cary Lubetsky 9953 NE 4 Ave Road. Sec. 604: site plan approval-garage enclosure/covered entry. Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application. Mr. stated that the applicant is requesting to erect a new garage at the front of the residence and that the property is improved with a deck, pool, and a large circular driveway in the front which will connect to the existing driveway. He also stated that the proposed garage will add parking to the residence. Mr. Berg is concerned about the encroachment (patio, deck, concrete) in the side setback. He stated that the garage will have a pitched roof with matching color-through tile. Mr. Mark Campbell (agent) was present. Mr. Campbell stated that the impervious area will be consistent with Village code. After discussion from the Board, Mr. Crutchfield made a motion to approve the application subject to removal of the encroachment on the pool deck onto the setback. Motion failed for lack of second. Mr. crutch field made a new motion to approve the application subject to removal of the encroachment. Mr. Reese seconded. Motion passed (4-0). At this time, Ari Sklar offer to move the signage application and to let the other applicants to go before the Board. Mr. Crutchfield made a motion to hear all the case on the tonight’s agenda. Motion failed for lack of a second. PZ05-0623-02 M.S.V.C., Llc (owner) Planning and Zoning 5 June 23, 2005 Village Center (Ari Sklar) 9450 NE 2nd Ave Sec. 604: Site plan approval-sign survey. Mr. Berg explained the basis of the request, the site conditions, and recommended that the sign proposal be re-studied. He stated that it should be more consistent with 14’’ backlight for all signs. The window signs need to be detailed a some of the signs need to be scaled down. The rear signage should not be lit. The monument sign should ve setvack7’. The Miami Shores Village Center sign should be the same size on the front. A curvilinear sign should be the same installed on the corners to be consistent with other signs on 2nd Avenue. He stated that the applicant is proposing 14’’ and 16’’ green reverse channel neon lighting with logo for all stores in the front. The signs would come with logos with an assumed size of 14’’ or 16’’and would be of a color selected by the tenant. The end stores would receive a 16’’ sign logo; the interior stores would receive a 14’’ sign and logo. Each store would also receive a 30’’ x 6 ½’’ projecting (blade signs) sign. Rear signs with 3’’ letter and addresses are also proposed. An optional window sign is proposed for each tenant and vinyl letters of 1’ are proposed for each tenant’s front door. A monument sign, 7’ high and 7’4’’ long are proposed along 95 Street. The Miami Shores Village Center sign will be reversed channel letter, back lit, 10’’ in front, and 10’’ aluminum in the rear (not lit). Another sign is proposed for his south side, rear. All the blade signs will be consistence with the color and font of 14’ except for the logos. Mr. Ari Sklar of Miami Shores Village Center (architect) was present. Chairman Fernandez was concerned about the removal of specimen tree and removal of other trees and plants. After discussion from the Board, Mr. Crutchfield made a motion to approve the staff recommendation. Mr. Abramatis seconded. Motion passed (4-0) PZ05-0526-02 M.S.V.C., Llc (owner) Jeffrey Wolfe (tenant) Anthony Austin (tenant) Wolfe’s Wine Shop 9450 NE 2nd Ave Sec. 604: Site plan approval-wine shop Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the 2 APS license for wine shop which is an approved retail use. The application was table in April pending resolution of the distance requirements and a liquor distance survey. Mr. Berg stated that the space will occupy approximately 1260 square feet of area. Mr. Berg explained that the wine shop meet all requirements but is within 500 feet of the Village Café and that all alcoholic beverages, distance requirements between beer/wine package stores to go (2APS) are not an issue with either the county or state unless they are near churches or schools. The parking requiremt are met 2 spaces per this location. After discussion from the Board, Mr. Crutchfield made a Planning and Zoning 6 June 23, 2005 motion to approve the application. Mr. Reese seconded. Motion passed (3-1). Chairman voted no. PZ05-0825-05 Chuck Longdon, Agent, Starbucks M.S.V.C., Llc (owner) Village Center (Ari Sklar) 9450 NE 2nd Ave Sec. 604: Site plan approval: open air café PZ05-0623-03 Celmar & Jerry Rosen (owners) 10001 NE 1 Ave Sec. 701: Appeal of Admin. Official-Sec.513, front facing. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the request because a change in the setback would create non-conforming structures and would not be in conformity with the zoning code. Mr. Berg also stated that on Section 513 requires all buildings to face the normal frontage of the plot on which it is situated. The normal front for homes along 100th Street is along the street facing, not along the avenue. The rear of these homes is along the alley. The home has existed with a 1st avenue address since 1952 and on 1972 an addition was built on the east side of the home with an 11’ setback. He stated that the building does not comply with the required 15’ rear setback if the front yard were to be established at 1st avenue. Therefore Mr. Berg conclusion was that 100th street was the front, because the other house in the neighborhood all faced the street and the setbacks for existing houses proved this. Mr. Crutchfield stated that 28% of the houses on 96th street and 102nd streets are facing 1st avenue. Mr. Berg stated the fact that a property is facing the avenue it doesn’t mean that the front setback is the avenue. Mr. Berg stated that if the application is approved, the property will be the only one with a non-conforming rear setback. Approval of the application will create a non-conforming building. Chairman Fernandez is concerned about the safety issues and identification of the house. Celmar and Jerry Rosen were present. The applicants are seeking to change the site (and setbacks) on their property from N.E. 100th Street to N. E. 1st avenue. Mr. Rosen submitted pictures for evidence PZ#1-6-23-2005 and PZ#2-6-23-2005. Mr. Rosen stated that there are other houses with 5ft fence in the front yard. Mrs. Rosen stated that they would place hedges to cover the fence. Mr. Abramitis stated that changing the address it will change the setback and create an encroachment. He suggested cutting 4 ft off the east side of the building to bring the premises into conformance. Mr. Rosen disagrees with the suggestion. After discussion from the Board, Mr. Abramitis made a motion to approve the Administrative Official determination and deny the applicant(s) request to change the frontage of the Planning and Zoning 7 June 23, 2005 property. Mr. Reese seconded the motion. Mr. Fernandez stated that the fire and police department required memorizing locations of fire hydrants, utilities and sequence of houses. Mr. Sastre stated that there is not enough information to rule on the application. Motion passed (3-2). (Mr. Crutchfield and Mr. Sastre voting no) ITEM II: APPROVAL OF MINUTES- Mr. Crutchfield made a motion to approve the May 26, 2005 minutes with amended corrections. Mr. Sastre seconded. Motion passed 5-0 V. NEXT MEETING. The next regular meeting will be on July 28, 2005. V. ADJOURNMENT The June 23, 2005 Planning and Zoning meeting was adjourned at 9:30 P.M __________________________ ____________________________ Emilia Palmer, Recording Secretary Chairman, Planning & Zoning Board