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PZ 2-28-08Page 1 of 6 Planning Board Regular Meeting February 28, 2007 MIAMI SHORES VILLAGE PLANNING BOARD REGULAR MEETING FEBRUARY 28, 2008 The regular meeting of the Miami Shores Planning Board was held on Thursday, February 28, 2007, at the Village Hall. Richard Fernandez, Chair at 7:10 P.M. with the following persons present, called the meeting to order: ROLL CALL: Present Were: Richard Fernandez, Chairman Robert Abramitis Sid Reese Norman Powell Cesar Sastre ALSO PRESENT: David Dacquisto, Zoning Director Richard Sarafan, Village Attorney ABSENT: None Mr. Sarafan swore in all those participating in the meeting. BOARD MEMBER DISCLOSURES: Mr. Fernandez visited 9700 NE 12th Ave., 9118 N. Miami Ave. Mr. Abramitis disclosed that he visited all properties. Mr. Reese disclosed that he visited all of the properties. Mr. Sastre visited all but 9118 N. Miami Ave., 1301 NE 103rd St., 360 NE 105th St. Mr. Powell had no disclosures. SCHEDULE ITEMS: Tabled Items PZ-8-07-200748 Jeffrey Boerner (Owner) (Applicant) 9700 NE 12th Ave. Mark Campbell (Agent) Errors and Variances, Sec. 702: Hardship variances. Sec. 523.1. Pool and fence height in front yard. Special Approvals, Sec. 600: Sec. 523. Site plan approval, pool, deck, and fence in front yard. Page 2 of 6 Planning Board Regular Meeting February 28, 2007 Mr. Dacquisto provided background information and summarized the information on the Staff Report. The Board previously discussed and determined that the front yard for the residence should be on NE 97th Street. The Board concentrated on the fence height issue and discussed placing a 4-foot fence around the pool to meet Florida Building Code requirements and a 3-foot masonry fence around the yard. The Board hearing from members of the audience discussed lighting and determined that no lighting on the site should be shielded and no direct light to shine onto the street or neighboring properties, Following discussion by the Board, Mr. Reed moved to approve the application with the four (4)conditions recommended by staff adding a fifth condition that outdoor light fixtures shall be shielded and arranged to reduce glare and must be placed in such a manner that no light emitting surface is visible at ground level from any residential area or public/private roadway. Mr. Powell seconded the motion and the vote was in favor of the motion 5-0. New Items PZ-1-08-200864 Kenneth Lund (Owner) (Applicant) 1001 NE 96th Street Hugo Mijares (Agent) Special Approvals, Sec. 600: Sec. 523. Site plan approval, First and second story addition and fence in front yard. Mr. Dacquisto provided background information and summarized the information on the Staff Report. The Board questioned Mr. Dacquisto pertaining to the second story terrace. The terrace has a flat deck, which is also the roof of the floor below. The Board debated if the terrace constituted a flat roof for the purpose of calculating the allowable area of flat roof addition to an existing peak roof residence. The consensus of the Board was that the second story terrace would not be considered a flat roof addition. The Board expressed agreement that the additions to the residence were very nicely integrated into the existing structure and were in harmony with residence and the community. Following discussion by the Board, Mr. Sastre moved to approve the application with the five (5) conditions recommended by staff. Mr. Reese seconded the motion and the vote was in favor of the motion 4-1 with Mr. Fernandez voting against. PZ-1-08-200864 Luisa Vargas (Owner) (Applicant) 9118 North Miami Avenue Special Approvals, Sec. 600: Sec. 523. Site plan approval, façade alteration faux lap siding. Page 3 of 6 Planning Board Regular Meeting February 28, 2007 Mr. Dacquisto provided background information and summarized the information on the Staff Report. The Board asked if the material was allowed and staff answered that the plaster was an approved building material. The Board discussed the faux lap siding and that it was not a typical house design in Miami Shores. The Board discussed and found that the faux lap siding was not in keeping with the general design of residences in Miami Shores and was not in harmony with the community. The Board asked that Code Enforcement stay all enforcement actions for 60 days to allow the applicant to fix the problem and asked staff to determine if the contractor was licensed. Following discussion by the Board, Mr. Sastre moved to approve the application with the conditions recommended by staff. Mr. Reese seconded the motion, the motion failed on a vote of 2-3 with Mr. Fernandez, Mr. Powell and Mr. Abramitis voting against the motion. PZ-1-08-200865 Evelyn D’An (Owner) (Applicant) 1301 NE 103rd Street Jorge Diaz (Agent) Special Approvals, Sec. 600: Sec. 523. Site plan approval, façade alteration smooth stucco. Mr. Dacquisto provided background information and summarized the information on the Staff Report. The Board discussed the semi flat proposed plaster finish and found it was in keeping with the general design of residences in Miami Shores and was in harmony with the community. Following discussion by the Board Mr. Abramitis moved to approve the application with the three (3) recommendations set fourth by staff. Mr. Sastre seconded the motion and the vote was in favor of the motion 5-0. PZ-1-08-200866 Camp Biscayne at the Grove LLC & McCoy Properties LLC (Owner) 9636 NE 2nd Avenue Jane Spinney (Tenant) Special Approvals, Sec. 600: Sec. 400. Schedule of regulations, Music school. Sec 504. Signs. Errors and Variances, Sec. 702: Hardship variances. Sec. 521. Parking variance of two (2) spaces. Mr. Dacquisto provided background information and summarized the information on the Staff Report. The Board asked staff if the business were a store rather than a music school would they need additional parking and therefore the variance. Staff answered that a store would not need additional parking and therefore the variance would not be Page 4 of 6 Planning Board Regular Meeting February 28, 2007 required. The Board questioned the applicant and asked if items would be sold at that location making it a store rather than a music school. Based on the applicant’s assurance she would be selling items, the Board determined the business was a store and not a music school. As a store, the location did not need additional parking and the variance was not required. The Board with the agreement of the applicant amended the application to a request for approval of a retail use. The Board discussed the signage and found it consistent with zoning code requirements. Following discussion by the Board Mr. Sastre moved to approve the amended application for a retail use and signage with the four (4) recommendations set fourth by staff. Mr. Reese seconded the motion and the vote was in favor of the motion 5-0. PZ-1-08-200867 Nelson Adams (Owner) 1098 NE 95th Street Mark Campbell (Agent) Mr. Dacquisto provided background information and summarized the information on the Staff Report. Mr. Dacquisto asked Mr. Campbell if the second story terrace had a roof. Mr. Campbell said no. The Board questioned Mr. Dacquisto pertaining to the second story terrace. The terrace has a flat deck, which is also the roof of the floor below. The consensus of the Board was that the second story terrace would not be considered a flat roof addition. Following discussion by the Board, Mr. Sastre moved to approve the application with the three (3) conditions recommended by staff. Mr. Reese seconded the motion and the vote was in favor of the motion 4-1 with Mr. Fernandez voting against. PZ-1-08-200868 Marianne Cook (Owner) 360 NE 105th Street Jacob Brillhart (Agent) Special Approvals, Sec. 600: Sec. 523. Site plan approval, Addition, one story addition to front of residence. The agent for Ms. Cook, Jacob Brillhart was not present, a representative from his office was present to discuss the project. The Board questioned the representative and found that the representative was a student and not a licensed architect. The Board questioned staff about the flat roof and staff determined that the roof in question was not flat however; the architect had not identified the roofing material on the plan. Staff informed the representative of Mr. Brillhart that the plans had to show the type of roofing material and that it must be one of the materials approved for roofing in Miami Shores. Page 5 of 6 Planning Board Regular Meeting February 28, 2007 A motion was made to table this item and the vote was in favor of the motion was 5-0. I. ACTION ITEMS: PUBLIC HEARINGS [Continued] a. Miami Shores Code of Ordinances Appendix A, Zoning, Resolution of Intention to Propose amending Article IV Schedule of Regulations: Zoning Code Amendment: AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE AMENDING ZONING ORDINANCE NO. 270, ARTICLE IV, SCHEDULE OF REGULATIONS; PROVIDING FOR EXERCISE STUDIOS AS A PERMITTED USE IN THE C DISTRICT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. Following discussion by the Board, Mr. Sastre moved to recommend approval of the amendment to the Village Council. Mr. Abramitis seconded the motion and the vote was in favor of the motion 5-0. b. Miami Shores Code of Ordinances Appendix A, Zoning, Resolution of Intention to Propose amending Article IV Division 5 Section 521: Zoning Code Amendment: AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE AMENDING ZONING ORDINANCE NO. ARTICLE IV, DIVISION 5, SECTION 521, REQUIRED OFF-STREET PARKING FOR STUDIO ARTS IN THE C DISTRICT; AND, PROVIDING FOR AN EFFECTIVE DATE. Following discussion by the Board, Mr. Reese moved to recommend approval of the amendment to the Village Council as submitted and further adding to the list of permitted uses Health-care operations, Clinical laboratories, Dentist, General medical clinic, Optical services and supplies, Physicians, X-ray clinic, Home health care provider, Psychologists, Medical diagnostic center, Physical therapy. Mr. Abramitis seconded the motion and the vote was in favor of the motion 5-0. DISCUSSION ITEMS: c. Parking in the downtown. The Board discussed the draft zoning code. Staff asked the members to read the draft and call him with issues that they find. The draft code if not ready for public hearings and will need additional work to prepare it for future hearings. The Board will discuss this situation again at a workshop in April. NEXT MEETING The next workshop meeting will be on April 10, 2008 The next regular meeting will be on March 27, 2008 Page 6 of 6 Planning Board Regular Meeting February 28, 2007 ADJOURNMENT The February 28, 2007 Planning & Zoning meeting was adjourned at 10:00 P.M. __________________________ ____________________________ David Dacquisto, Director of Planning Chair, Planning & Zoning Board