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p&z 5.25.06Planning and Zoning 1 May 25, 2006 MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING MAY 25, 2006 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, May 25, 2006, at the Village Hall. The meeting was called to order by Robert Abramitis, Chairman at 7:00 P.M. with the following persons present: ROLL CALL: W. Robert Abramitis Sid Reese Mark Ulmer Cesar Sastre ALSO PRESENT: David Dacquisto, Planning & Zoning Director Valerie Bierley, Clerk Richard Sarafan, Village Attorney ABSENT: Richard Fernandez, Chairman Robert Abramitis filled in as Chairman. APPROVAL OF MINUTES: The May 11, 2005 minutes were moved to the end of the agenda. Mr. Sarafan swore in all those participating in the meeting. BOARD MEMBER DISCLOSURES: Mr. Sastre disclosed that he visited 11301 NW 5 Ave, 437 NE 102 St., 1140 NE 100 St., 70 NE 101 St., 1293 NE 104 St. and 9701 NE 4 Ave. Mr. Reese disclosed that he visited all the sites but he did not cross property lines to see the back. Mr. Abramitis disclosed that he visited all of the sites with the exception of the charter school and was able to travel the Biscayne Canal. He spoke with applicants in #PZ06- 0525-07 regarding what they would need to do to obtain a variance, they advocated their position that they are advancing. Mr. Ulmer disclosed that he did not visit any of the sites Planning and Zoning 2 May 25, 2006 SCHEDULE ITEMS: PZ06-0223-05 Luis Reynoso (Owner) Daniel Mendez (Agent) 325 NE 104 St. Sec.600: Site Plan Approval – addition plus second story. Mr. Dacquisto outlined the specifics of the requested changes to the property. He then provided background information and summarized the information on the Staff Report. The Planning & Zoning staff recommended approval of the proposed site plan with the finding that it is consistent with the technical provisions of the code subject to compliance with listed conditions. The Board had no questions for Mr. Dacquisto. Mr. Reynoso described the project. Mr. Reynoso requested keeping the existing planter to keep the consistency of the home. Mr. Reese moved to approve the renovations with the ten recommendations the staff has put on it with the exception of number four, the planter. Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion. PZ06-0323-05 Myers Noell (Owner) 1205 NE 95 St. Sec. 600: Site plan approval- 3 car garage Mr.Dacquisto outlined the specifics of the requested changes to the property. He then provided background information and summarized the information of the staff report. The Planning & Zoning staff recommends approval with a finding that it is consistent with the technical provisions of the code subject to compliance with the listed conditions. The Board questioned Mr. Dacquisto about several points one of them being the generator and weather or not it will be included in the approval of the site plan. The Planning & Zoning staff recommended the exclusion of the generator from the approval at the moment. The applicant’s agent described the project and the new plans addressed the concerns expressed at the last meeting. He stated he would be replacing two trees on the swale that is approved by Miami Shores. Mr. Sastre motioned to approve subject to the two conditions in staff recommendation. Mr. Reese seconded the motion, and the vote was unanimous in favor of the motion. Planning and Zoning 3 May 25, 2006 PZ06-0323-10 Rick Alterman (Owner) Mark Cambell (Agent) 1247 NE 101 St. Sec. 600: Site plan approval- carport enclosure and addition Mr.Dacquisto outlined the specifics of the requested changes to the property. He then provided background information and summarized the information on the staff report. The Planning & Zoning staff recommends approval with a finding that it is consistent with the technical provisions of the code subject to compliance with the listed conditions. The Board had no questions for Mr. Dacquisto. Mr. Cambell described the project and stated it now meets the code required by the board. Mr. Reese moved to accept it as recommended by the staff. Mr. Ceaser seconded the motion and the vote was unanimous in favor of the motion. PZ06-0420-08 Carter Winkle & Miguel Suarez (Owners) William Gate (Agent) 437 NE 102 St. Sec. 600: Site plan approval- new dwelling. Mr. Dacquisto outlined the specifics of the requested changes to the property. He then provided background information and summarized the information on the staff report. Planning & Zoning staff recommends approval of the site plan with a finding that is consistent with the technical provisions of the code subject to compliance with listed conditions. The Board questioned Mr. Dacquisto on some of his conditions, and the removal of the trees. Mr. Dacquisto confirmed the Board’s understandings of the conditions and referred the question of the tree removal to the applicant. The “Existing Tree Disposition Plan and List” submitted by the applicants as part of the site plan shows six live oak trees on the property. These are trees number 1,5,7,10,14 and 17. The house and future pool is designed to extend to the outer limits of the setbacks which necessitates the destruction of four of the six live oaks. The “Existing Tree Disposition Plan and List” shows trees 1,5,7, and 10 with the respective heights of 30ft., 14ft., 35ft. and 12ft. as scheduled for destruction. Trees #14 and 17 with the respective heights of 30 and 24 feet are not scheduled for destruction. At the hearing before the Board, the applicants stated their desire to destroy all six live oak trees shown on the submitted “Existing Tree Disposition Plan and List”. The site plan approved by the Board only allows the destruction of trees numbered 1, 5, 7 and 10 trees numbered 14 and 17 are required to remain untouched. Mr. Ulmar motioned approval subject to the six conditions and Mr. Reese seconded. Motion passed 3-1 Mr. Abramitis voted no. Planning and Zoning 4 May 25, 2006 PZ06-0525-01 Miami Shores Village City Hall 10050 NE 2nd Ave. Sec. 600: Site plan approval- sign. Mr. Dacquisto provided information for the sign plan and why it is being replaced. Planning & Zoning staff recommends approval of the sign with a finding that it is consistent with the technical provisions of the code. The Board had no questions for Mr. Dacquisto. Mr. Davis adds he feels it would be a nice addition to what has been up in front of the Village Hall for many years. Mr. Sastre motioned to approve and Mr. Reese seconded the motion. The vote was unanimous in favor of the motion. PZ06-0525-02 Dr. Charter School (Owner) Modern Display Sign (Agent) 11301 NW 5 Ave. Sec. 600: Site plan approval-sign. Mr. Dacquisto provided information for the pole sign plan. Planning & Zoning staff recommends approval of the pole sign with a finding that it is consistent with technical provision of the code. The Board questioned Mr. Dacquisto concerning the business name on the sign. Mr. Dacquisto stated the Board could make that finding. The Board then asked Mr. Dacquisto about other regulations pertaining to the sign. Mrs. Birch described the project. She also states a donor agreed to help manufacture the sign before the hurricanes last year but due to the hurricanes once the sign was made the project was put on hold. Mrs. Birch also notes considering this is a school people should be aware of what is going on inside the school and this sign is a way of doing that. The Board asked Mrs. Birch how this sign compares to others in the area. She did not know, but she does state the sign of the elementary school in the area is a pole sign as well. Mr. Ulmer motioned to move approval subject to the two conditions recommended by the Planning & Zoning staff which are applicant to obtain a building permit before the commencing work and applicant to meet all applicable code provisions at the time of permitting with the following third condition. The “donated by Kellar Williams Realty” be blacked out or the faces remanufactured so they do not have that. Mr. Sastre seconded the motion for further discussion. The board acknowledges the reason for the third condition is the name of the donor is advertising. Motion passes 3-1, Mr. Abramitis says no. Planning and Zoning 5 May 25, 2006 PZ06-0525-03 Julio Soto (owner) 11040 NW 2 Ave. Sec. 600: Site plan approval- addition The Planning & Zoning staff withdrew this item. It was tabled for the next meeting. PZ06-0525-04 Alejandro Barreras (Owner) The Café Group (Agent) 437 NE 102 St. Sec.600: Site plan approval- addition Mr. Dacquisto outlines the specifics of the request. The site plan does not specify the color-thru roof tiles are to be utilized. The Planning & Zoning staff recommends approval of the site plan with a finding that it is consistent with the technical provisions of the code. The Board asked if there are any provisions short of a variance that would allow a flat roof in this instance. Mr. Dacquisto responded if the house has a flat roof then the addition may be flat, if not it must match the existing roof. The applicant did not want to give a presentation. Mr. Ulmer moved for approval subject to the recommendations of the three conditions set forth by the staff Mr. Reese seconded. The vote was unanimous in favor of the motion. PZ06-0525-05 Raymond Mateo (Owner) Victor Bruce (Agent) 1140 NE 100 St Sec.701: Appeal on allegation of error- house addition with flat roof Mr. Dacquisto provided the basis of the request, and the site conditions. The Planning & Zoning staff recommended denial of appeal with a finding that the applicant has not provided sufficient reasons to support a decision of error on the part of the Director of Planning and Zoning under sec. 701 of the code. The Board had no questions for Mr. Dacquisto. Mr. Bruce described the project. The board questions Mr. Bruce and asks for the total sq. footage of the two flat roofs compared to the rest of the roof. Mr. Bruce responds with the answer of 30 percent. The board asked Mr. Bruce why he wanted the house built with a flat. His response was he would have negative slopes. The roof receives water from the upper roof and in turn it would collect. Short of demolishing the house which the owner could not afford there is no other option. The board asked if there was a way to do the expansion and comply with the 15 percent of flat roof. Mr. Bruce states the existing flat roof is the 15 percent. Mr. Ulmer motioned uphold the ruling of the building official and deny the appeal. Mr. Sastre seconded the motion. The vote was unanimous in favor of the motion. Planning and Zoning 6 May 25, 2006 PZ06-0525-06 Susan Howell (owner) 70 NE 101 St Sec.600: Site plan approval- garage enclosure Mr. Dacquisto outlined the specifics of the requested changes to the property. The Planning & Zoning staff recommends approval of the site plan with a finding that it is consistent with the technical provisions of the code. The Board had no questions for Mr. Dacquisto. Mrs. Howell described the project. Mr. Sastre motioned approval subject to the recommendations from staff Mr. Reese seconded the motion. The vote was unanimous in favor of the motion. PZ06-0525-07 Fernando Godinez (owner) 1293 NE 104 St Sec.701: Appeal on allegation of error- deck in rear setback extending over canal Mr. Dacquisto provided the basis of the request, and the site conditions. Planning & Zoning staff recommends denial of the appeal with a finding that the applicant has not provided sufficient reasons to support a decision of error on the part of the Director of Planning and Zoning under section 701 of the code. The Board questioned Mr. Dacquisto, asking if he was familiar with other properties up and down that canal. He replied with no. Mr. Dacquisto was asked if the rear set back on the property line on a canal different from one with an alley, his answer was no, the applicant does not own property passed that. DERM has jurisdiction over water. The applicant explained the situation and reasoning behind building this structure. There was a tree that uprooted after the hurricane, which in turn left behind a big hole. The hurricane also loosened the natural coral which the applicant would like to preserve. With this hole in his yard it is a hazard to his children and his children’s friends. Because of the location of the hole where the tree was, the applicant is requesting special consideration for the placement of his deck. The Board states set backs are to avoid conflicts of adjacent properties. Considering there is no rear neighbor, those set backs in the rear do not apply. There was some concern about the side neighbor and blocking his view with the deck. Mr. Ulmer motioned to overturn the ruling of the building official in part. Specifically, approve the appeal with regard to the rear yard setback, for reasons already stated. However, the side yard setback should apply including the extension of the side yard setback into the canal and with regard to the extension beyond the rear property line as submitted with the exception of that side yard encroachment form an extension. Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion. There was a discussion of weather or not this applicant can build the deck with the side yard setback. Mr. Ulmer removed his motion, and Mr. Abramitis renewed the motion with the same conditions. Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion. Planning and Zoning 7 May 25, 2006 PZ06-0525-08 Gustavo Antonioni (Owner) 9701 NE 4 Ave Sec.600: Site plan approval- garage enclosure Sec.702: Hardship variance Mr. Dacquisto outlined the specifics of the requested changes to the property and provided background information and summarized the information on the staff report. The Planning & Zoning recommends approval of the variance and site plan with a finding that the variance meets the requirements for consideration of variance as listed in the code under sec. 702 and the site plan it is consistent with the technical provisions of the code upon granting of the variance. The Board has no questions for Mr. Dacquisto. The Antonioni described the project. The residence is located on an irregular shaped lot closely resembling a triangle. Mr. Ulmer moved to approve and Mr. Sastre seconded. The vote was unanimous in favor of the motion. Mr. Ulmer moved to appoint Mr. Abramitis as chairman but died with lack of a second. APPROVAL OF MINUTES- Mr. Sastre made a motion to approve the May 11, 2006 minutes with no corrections. Mr. Ulmer seconded it. Motion passed 4-0 in favor of the motion. NEXT MEETING The next regular meeting will be on June 22, 2006 ADJOURNMENT The May 25, 2006 Planning & Zoning meeting was adjourned at 10:10 P.M __________________________ ____________________________ Valerie Bierley, Clerk Chairman, Planning & Zoning Board