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p&z 9.21.06Planning and Zoning 1 Sept. 21, 2006 MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING SEPT. 21, 2006 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, Sept. 21, 2006, at the Village Hall. The meeting was called to order by Richard Fernandez, Chairman at 7:00 P.M. with the following persons present: ROLL CALL: Richard Fernandez, Chairman Mark Ulmer Cesar Sastre Sid Reese ALSO PRESENT: David Dacquisto, Planning & Zoning Director Richard Sarafan, Village Attorney Valerie Bierley, Clerk ABSENT: Robert Abramitis Mr. Sarafan swore in all those participating in the meeting. BOARD MEMBER DISCLOSURES: Mr. Ulmer disclosed he did not visit any of the sites. Mr. Reese disclosed he visited all sites but did not go on the properties. Mr. Sastre disclosed he visited 1680 NE 104 St., 1266 NE 101 ST., 137 NW 108 St. and 179 NE 96 St. SCHEDULE ITEMS: Mr. Fernandez moved to lift item PZ06-0824-13 from the table, Mr. Ulmer seconded the motion and the vote was in favor of the motion 4-0. PZ06-0824-13 MSVC LLC (owner) Iron Group (Applicant/Tenant) 9432 NE 2 Ave. Sec. 600: Site plan approval – Site plan approval – change of use, retail to restaurant Mr. Dacquisto 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 applicant had no questions for Mr. Dacquisto. The Board questioned Mr. Dacquisto pertaining to the parking. Mr. Oshi addressed the Board and requested that this item be tabled until his partner showed up. Mr. Ulmer moved to table this item until item number PZ06-0921-06 was to be heard, Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion 4-0. Mr. Ulmer moved to lift the tabled item and Mr. Sastre seconded the motion the vote was unanimous in favor of the motion 4-0. Mr. Sklar, representative for MSVC, Planning and Zoning 2 Sept. 21, 2006 LLC was assisting Mr. Oshi with the presentation. Mr. Sklar addressed the Board and described the site plan and requested an extension for the parking. The Board questioned the applicant and after a discussion Mr. Ulmer moved to approve the application with the three recommendations set fourth by staff with a change in one of the recommendations. The Condition of Occupancy may not take effect until the parking is in place. Mr. Reese seconded the motion and the vote was unanimous in favor of the motion 4-0. PZ06-0921-01 Amir Kermani (Owner) 1680 NE 104 St. Sec. 534: Waterfront Lands, Site plan approval – Boat lift, dock and seawall repair Mr. Dacquisto provided summarized 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 applicant had no questions for Mr. Dacquisto and the Board briefly questioned him. Mr. Larson, the addressed the Board and described the project. The Board had no questions for the applicant. Mr. Giller who is a neighbor spoke against the site plan. Mr. Larson clarified the purpose of this site plan and submitted the original plans for the dock. Mr. Ulmer moved to approve the application with the four recommendations. Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion 4-0. PZ06-0921-02 William and Vivian Pacheco (Owners) 348 NE 91 St. Sec. 600: Site plan approval - Addition Mr. Dacquisto provided summarized 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 applicant had no questions for Mr. Dacquisto and the Board briefly questioned him. Mr. Pacheco addressed the Board and described the project. The Board had no questions for the applicant. Mr. Reese moved to approve the application subject to the recommendations set fourth by staff. Mr. Ulmer seconded the motion, and the vote was unanimous in favor of the motion 4-0. PZ06-0921-03 John Holston (Owner) Jim Smith (Agent) 1266 NE 101 St. Sec. 600: Site Plan Approval – addition Mr. Dacquisto provided summarized 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 applicant did not question Mr. Dacquisto nor did the Board. Planning and Zoning 3 Sept. 21, 2006 Mr. Campbell did not address the Board. The Board did not question the applicant. Mr. Ulmer moved to approve the application with the four recommendations from the Planning and Zoning Staff. Mr. Reese seconded the motion and the vote was unanimous in favor of the motion 4-0. PZ06-0921-04 Felisa & Jorge Padilla (Owners) 92 NW 100 Terr. Sec. 702: Hardship variance – Sec.518: Fence height Mr. Dacquisto provided summarized information on the Staff Report. Planning & Zoning staff recommends denial of the site plan with a finding that it is not consistent with the technical provisions of the code. The applicant did not question Mr. Dacquisto. The Board questioned Mr. Dacquisto concerning what type of material is used and inquired weather other properties had similar fences. Mr. Padilla addressed the Board and described the project. The Board questioned the applicant. After a discussion from the Board, Mr. Ulmer moved to deny the application and Mr. Sastre seconded the motion and the vote was in favor of the motion 3-1. Mr. Reese voted no. PZ06-0921-05 Madison & Deborah Carter (Owner) 9430 NW 2 PL. Sec. 702: Hardship variance – Sec.518: Fence height Mr. Dacquisto provided summarized information on the Staff Report. Planning & Zoning staff recommends denial of the site plan with a finding that it is not consistent with the technical provisions of the code. The applicant did not question Mr. Dacquisto. The Board briefly questioned Mr. Dacquisto. Mr. and Mrs. Carter addressed the Board and described the reason for the variance. The Board asked the applicant questions and after a discussion, Mr. Ulmer moved to approve the application subject to the three conditions set fourth by Staff. Mr. Sastre seconded the motion and the vote was unanimous in favor of the motion 4-0. PZ06-0921-06 MSVC, LLC (Owner) Great Florida Bank (Applicant/Tenant) 9440 NE 2 Ave Sec. 600: Site plan approval – Change of use, retail to bank. Mr. Dacquisto provided summarized information on the Staff Report. Planning & Zoning staff recommends approval of the site plan with a finding that it is consistent with the technical provisions of the code. The applicant inquired about the calculation for the parking. The Board questioned Mr. Dacquisto. Mr. Sklar addressed the Board and described the project. The Board questioned the applicant. The applicant described a bit of the background concerning the bank and after Planning and Zoning 4 Sept. 21, 2006 a discussion from the Board Mr. Ulmer moved to table the application until the applicant can provide more information the vote was unanimous in favor of the motion 4-0. PZ06-0921-07 Edward Duffy (Owner) Jerry Nelson (Agent) 137 NW 108 St. Site plan review: Sec.701: Appeal on allegation of error – paving of rear driveway and parking area Mr. Dacquisto provided summarized information on the Staff Report. Planning & Zoning staff recommends denial of the site plan with a finding that it is not consistent with the technical provisions of the code. The applicant did not question Mr. Dacquisto. The Board briefly questioned Mr. Dacquisto. Mr. Nelson, the applicant’s contractor addressed the Board and described the project. The Board questioned the applicant and after a discussion Mr. Ulmer moved to deny the site plan only but approve the reverse of determination of replacement, it is a repair. Mr. Sastre seconded the motion. The vote was in favor of the motion 3-1 Mr. Fernandez voted no. PZ06-0921-08 Shores 9600 (Owner) Gladys Matz (Applicant/Tenant) 179 NE 96 St. Sec. 600: Site plan approval – Change of use, office to retail and sign approval Mr. Dacquisto provided summarized information on the Staff Report. Planning & Zoning staff recommends approval of the site plan with a finding that it is consistent with the technical provisions of the code. The applicant questioned Mr. Dacquisto. The Board did not question him. Mrs. Matz did not address the Board. The Board did not question the applicant. Mr. Sastre moved to approve the application subject to the conditions set fourth by Staff. Mr. Reese seconded the motion and the vote was unanimous in favor of the motion 4-0. PZ06-0921-09 The Playground Theater, Oleg Kehyfets/Carole Schafmeister (Owner) Eye Catching Solutions (Agent) 9806 NE 2 Ave. Sec.600: Site Plan Approval – sign Mr. Dacquisto provided summarized 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. The applicant did not question Mr. Dacquisto. The Board questioned him concerning the square footage. Mr. Kehyfets addressed the Board and corrected the legal name for the company and testified that he is the president of the company as well as the applicant. The Board did not question the applicant. Mr. Ulmer moved to approve subject to the two Planning and Zoning 5 Sept. 21, 2006 recommendations set by the Staff with one added condition that the applicants get the owner of the building to sign off on any changes. Mr. Reese seconded the motion and the vote was unanimous in favor of the motion 4-0. PZ06-0921-10 Ronald Trivone & Mathew Jardine (Owner) 319 Grand Concourse Sec. 701: Appeal on allegation of error – ornamental masonry and ornamental metal fences required in certain yards. Mr. Dacquisto provided summarized information on the Staff Report. Planning & Zoning staff recommends denial of the site plan with a finding that it is not consistent with the technical provisions of the code. The applicant questioned Mr. Dacquisto. The Board did not question Mr. Dacquisto. Mr. Golden is the council for Mr. Trivone and Mr. Jardine. Mr. Golden addressed the Board and described the reason for appeal. The Board questioned the applicant. After discussion from the Board, Mr. Ulmer moved to approve subject to the two conditions set by the Staff. Mr. Reese seconded the motion and the vote was in favor of the motion 3-1. Mr. Fernandez voted no. NEXT MEETING The next regular meeting will be on Oct. 26, 2006 ADJOURNMENT The Sept 21, 2006 Planning & Zoning meeting was adjourned at 10:20 P.M. __________________________ ____________________________ Valerie Bierley, Clerk Chairman, Planning & Zoning Board