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pz 05-28-09Page 1 of 4 Planning Board Regular Meeting May 28, 2009 MIAMI SHORES VILLAGE PLANNING BOARD REGULAR MEETING May 28, 2009 The regular meeting of the Miami Shores Planning Board was held on Thursday, May 28, 2009, at the Village Hall. Richard Fernandez, Chair at 7:00 P.M. with the following persons present, called the meeting to order: PRESENT: Richard Fernandez, Chairman Robert Abramitis Sid Reese Norman Powell ALSO PRESENT: David Dacquisto, Zoning Director Richard Sarafan, Village Attorney ABSENT: Paul Madsen Mr. Sarafan swore in all those participating in the meeting. BOARD MEMBER DISCLOSURES: Chairman Fernandez visited 1291 NE 102 St. / 1223 NE 102 St. Mr. Abramitis visited all the sites. SCHEDULE ITEMS: PZ-4-09-2009132 Emmanuel Paz (Owner/Applicant) 1291 NE 102 St. Victor Bruce (Agent) Errors and Variances, Sec. 702 Hardship variances: sec. 400. Schedule of Regulations R District, Rear Yard Depth Special Approvals, Sec. 600: Sec. 523 Site Plan approval, Garage conversion, addition Mr. Dacquisto provided background information and summarized the information on the Staff Report. The Planning & Zoning staff recommended denial of the proposed site plan with the finding that it is not consistent with the technical provisions of the code. The Board is concerned this property is historically designated by the national historic registry but not on the local historic registry. They discussed tabling this item until they have gone before the Historic Reservation Board for their recommendations. The applicant expressed their want to go forward with this Board. Mr. Powell moved to send the application to the historical board. Mr. Abramitis seconded the motion and the vote was in favor of the motion 3-1, Mr. Reese voted no. Page 2 of 4 Planning Board Regular Meeting May 28, 2009 PZ-4-09-2009134 Camp Biscayne at the Grove LLC (Owner) 9600 NE 2 Ave. Medi Partners LLC (Applicant) Special Approvals, Sec. 600: Sec. 504. Signs. Wall Signs 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 questioned report concerning the number of signage they are applying for. Mr. Dacquisto amended the report to state two signs not one. The Board had no questions. The applicant addressed the Board thanking them for approving the signage and explained the type business is more retail than doctor’s office. The Board asked about other facilities they would use when a situation they could not handle in that office arises. He explained although this is an independent place he would direct patients to North Shore Medical. The board asked Mr. Dacquisto about the septic tanks. Mr. Reese moved to approve the application subject to staff recommendations and Mr. Powell seconded the motion. The vote was unanimous in favor of the motion 4-0. PZ-4-09-2009136 Diana Auvert (Owner) 1223 NE 102 St. Deanna Belloso (Applicant/Agent) Special Approvals, Sec. 600 & 523: Site Plan Approval, Garage conversion 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 adjustment to the parking pad, finding that it is consistent with the technical provisions of the code subject to compliance with listed conditions. The applicant questioned the condition of adjusting the parking pad. The Board questioned Mr. Dacquisto concerning the wooden deck, the percentage of the open area on the property and the location of the septic tank. The applicant addressed the Board, verifying the wooden deck has been permitted. The Board questioned the applicant about any bathrooms in the proposed request. Another concern of the Board was whether both husband and wife should sign this consent form or if the wife’s signature is enough and if there is an exit through the proposed office. After reviewing the site plan Mr. Abramitis moved to approve the amended application with the removal of the bath and shower subject to staff recommendations and adding a condition that Mr. Auvert must sign a consent form before the permit issued. Mr. Reese seconded the motion. The vote was unanimous in favor of the motion 4-0. Page 3 of 4 Planning Board Regular Meeting May 28, 2009 PZ-4-09-2009137 Tanya Nieto-Winzey (Owner/Applicant) 9777 NE 5 Ave. Rd. Errors and Variances, Sec. 701 Appeal on allegation of error: Fences, Sec. 518(b) Mr. Dacquisto provided background information and summarized the information on the Staff Report. The Planning & Zoning staff recommended denial of the proposed site plan with the finding that it is not consistent with the technical provisions of the code. The Board clarified this is an application for and appeal on allegation of error. The applicant did not question Mr. Dacquisto but the Board did. The Board questioned whether the fence was existing and what type of fence was allowed in the front yard. The applicant addressed the Board. The applicant verified the fence is existing. She explained she spoke with Mr. Dacquisto concerning the design of the fence. Mr. Dacquisto questioned what type of permit she applied for. The Board asked for a copy of the permit, which the applicant provided and the dollar amount of the contract. Then they questioned the height of the front yard. Mr. Abramitis moved to deny the application and Mr. Powell seconded the motion. The vote was in favor of the motion 3-1, Mr. Reese voted no. PZ-4-09-2009133 Mike and Dorothy Essington (Owner/Applicant) 55 NE 100 St. Mark Campbell (Agent) Special Approvals, Sec. 600: Sec. 523. Site Plan approval, Addition 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 nor the Board had questions for Mr. Dacquisto. The applicant addressed the Board. The Board inquired about the new doorway and where it would lead and where the future pool will be placed. Mr. Reese moved to approve the application subject to staff recommendations and Mr. Powell seconded the motion. The vote was unanimous in favor of the motion 4-0. IV. ACTION ITEMS: PUBLIC HEARINGS None Page 4 of 4 Planning Board Regular Meeting May 28, 2009 V. DISCUSSION ITEMS: a. Drafting Zoning Code. The Board and Mr. Dacquisto discussed the changes made to articles 70, 75, 80, 85, 90, 91, 95, 96 and 100 in the Zoning Code. NEXT MEETING The next workshop meeting will be on June 11, 2009 The next regular meeting will be on June 25, 2009 ADJOURNMENT The May 28, 2009 Planning & Zoning meeting was adjourned at 9:30 P.M. __________________________ ____________________________ David Dacquisto, Director of Planning Chair, Planning & Zoning Board