Board Minutes PZ 11- 7-28Page 1 of 8
Planning Board Regular Meeting
June 23, 2011
MIAMI SHORES VILLAGE
PLANNING BOARD
REGULAR MEETING JULY 28, 2011
The regular meeting of the Miami Shores Planning Board, was held on Thursday, July
28, 2011 , 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
Sid Reese
Paul Madsen
Robert Abramitis
ALSO PRESENT: David Dacquisto, Zoning Director
Norman Bruhn, Building Official
Richard Sarafan, Village Attorney
ABSENT: John Busta
BOARD MEMBER DISCLOSURES:
Chairman Fernandez visited 1665 NE 104th St. and 9165 Park Dr.
Mr. Abramitis visited all of the properties
Mr. Reese visited all of the properties
MINUTES
Mr. Madsen moved to approve the June 23, 2011, Mr. Abramitis seconded the motion.
The vote was unanimous in favor of the motion 4-0.
The Village Attorney, Mr. Sarafan swore in all those participating in the meeting.
ACTION ITEMS: PUBLIC HEARINGS
a) Proposed amendment to the Miami Shores Village Code of Ordinances,
Appendix A Zoning, Article V. Supplementary Regulations, Division 5. Off-
Street Parking Requirements, To Add Sec. 521.6 University parking master
plan. A code amendment to allow universities to utilize a parking master
plan to establish the parking requirement for the campus.
Mr. Dacquisto provided background information and summarized the information on the
Staff Report. Staff prepared two options. The Board discussed which option they
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Planning Board Regular Meeting
June 23, 2011
preferred. Chairman Fernandez opened public hearing. Mr. Griffin, Vice president Barry
University, spoke in favor of the Board’s decision for either option. Mr. Guerrero,
Attorney for Barry University spoke in favor of option two. Chairman Fernandez closed
the public hearing. After a discussion the Board decided on option two. Mr. Sarafan
discussed changes to be made throughout the amendment. Mr. Reese moved to
recommend approval of option 2 with amendments to be forwarded onto the village
council. Mr. Madsen seconded the motion and all members were in favor.
TABLED ITEMS:
PZ-5-11-2011244
Davenilla LLC (Owner/Applicant)
Mark Campbell (Agent)
9165 Park Dr.
Article VII. Errors and Variances; Sec 702 Hardship variances: Sec 521. Required off-
street parking. Variance to reduce parking requirement for medical use. Article VI
Special Approval, Sections 600; Sec. 604; Sec. 605: Article V Supplementary
Regulations, Sec. 523, 523.1 Construction. Article IV Establishment of Regulations,
Schedule of Regulations. Site plan review & approval. Change of use; Medical office.
Mr. Sarafan stated the a release of the declaration was approved by the council, was
executed by the Village Manager and was recorded. The only outstanding matter is the
payment the applicant agreed to reimburse the Village, which has not been paid.
Mr. Dacquisto provided background information and summarized the information on the
Staff Report. For the variance request, the Planning and Zoning staff recommend to the
Planning Board DENIAL of the variance with a finding that the applicant has not met all
four (4) of the required criteria to grant the requested variance as required in the Code of
Ordinances, Article VII. Errors and Variances, Sec. 702 Hardship variances.
However, if the Planning Board finds that the applicant has provided sufficient evidence
to support a finding that the application has met all four (4) of the required criteria to
grant a variance under Section 702 of the Code of Ordinances and votes to approve the
application, staff recommends the following conditions:
1) The applicant is granted a parking variance of seven (7) parking spaces, no new
parking spaces shall be required for the conversion of 7,074 sq ft. of general
office space to doctor’s office.
2) Applicant to obtain all required building permits.
3) Applicant to comply with all applicable code provisions at the time of permitting.
4) This variance is valid for a period of one (1) year from the date of approval.
Building permits must be secured and work started within that time or a new
variance will be required before work can commence.
For the Site Plan Review Request, Change of Use request Planning and Zoning staff
recommends DENIAL of the site plan to expand a doctor’s office by 7,074 sq ft with a
finding that it is not consistent with the technical provisions of the Code.
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Planning Board Regular Meeting
June 23, 2011
The following recommendation is contingent upon the Planning Board approving the
variance requested and determining that the proposed use is permitted in the PRO
District.
Planning and Zoning staff recommends APPROVAL of the site plan to expand a
doctor’s office by 7,074 sq ft with a finding that it is consistent with the technical
provisions of the Code. However, the Planning Board must make a finding that the
proposed improvements are harmonious with the community, as required in Section 523
of the Code and, in that regard, may add further conditions or delete or modify staff
recommended conditions, deny the application, or continue the item for future
consideration. Should the board find that the applicant merits approval, staff
recommends that the following conditions apply:
1) Approval is for a doctor’s office and not for a clinic.
2) Approval is to expand a doctor’s office by 7,074 sq ft to 8,175 sq ft.
3) Applicant to secure necessary DERM or Department of Health approval for the
septic system prior to the issuance of a village building permit.
4) Applicant to obtain all required building permits before beginning work.
5) Applicant to meet all applicable code provisions at the time of permitting.
6) This zoning permit will lapse and become invalid unless the work for which it
was approved is started within one (1) year of the signing of the development
order by the board chair, or if the work authorized by it is suspended or
abandoned for a period of at least one (1) year.
The Board questioned staff if there is still a parking deficit on whether this is a doctors
office or a clinic. The staff stated yes, they would have to provide more parking if they
convert the entire bldg to offices. The board also asked if the paved swale was counted in
the parking spaces needed. The staff responded no. The board then asked how many
parking spaces would they need to add to be in compliance. The staff responded they’d
need 9 spaces. The board asked about the location of the dumpster. Staff stated they had
no requirement to prohibit it. The Board questioned staff concerning the loading zone and
the setback for the FPL transformer.
The applicant addressed the Board. The applicant answered the earlier question from the
Board concerning the FPL transformer, explaining the need to install a new septic tank
would require the relocation of the transformer pad. Also affected by the septic tank
installation is the loading/unloading space location. A concern was access to the loading
/unloading area and the thought was it would be easy access from the front. The
loading/unloading would be early in the morning taking up one space and would leave
room to drive around it if necessary. The applicant acknowledged they could keep the
loading/unloading dock in it’s original space after finding out the there would still be
enough room to keep it where it is even with the new septic tank. The applicant addressed
the location of the dumpster saying they thought it would was more convenient for Public
Works. Addressing the request for parking on the street they wanted to include that into
additional parking. The Board question the applicant about how many other employees
other than the doctor would be there. The applicant replied a maximum total of eight
people. The Board asked how the applicant would be able to meet the requirements of the
variance or would they be able to come back with a revision that wouldn’t need a
variance. The applicant suggested they tare down the building. Then pointed out that over
the years the way the staff calculated necessary parking was determined by the change of
Page 4 of 8
Planning Board Regular Meeting
June 23, 2011
use. Since this building and the surrounding buildings have not changed the use they have
not had to update the amount of parking which leads to a dilemma in the current request
for this building. The Board questioned the applicant if he was aware there was full use
of this property prior to this application. The applicant responded yes. The Board then
questioned is there a manner in which this property could be configured so a variance
would not be necessary. The applicant responded yes. The Board asked why not tear
down the building and rebuild it. The applicant expressed that was the last resort option
and not one they wanted. After a discussion, Mr. Madsen moved to deny the application
for the variance subject to staff recommendations. Mr. Abramitis seconded the motion.
The Board wanted to point out they are concerned about the future use of the property.
The vote was unanimous in favor of the motion 4-0.
SCHEDULE ITEMS:
PZ-5-11-201146
Biscayne 88 Terr. LLC (Owner/Applicant)
650 NE 88 Tr.
Article VI Special Approval, Sec. 600: Sec. 523: Sec. 504. Signs. Wall signs. Site plan
review and approval.
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 Board questioned staff about the existing
signage on the building and the height of the proposed sign.
The applicant did not address the Board. The Board did not question the applicant. Mr.
Madsen moved to approve the application subject to staff recommendations. Mr. Reese
seconded the motion. The vote was unanimous in favor of the motion 4-0.
PZ-6-11-201147
Mark Terry (Owner/Applicant)
349 NE 102 St.
Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and
approval for garage conversion to office.
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 did not address the Board. The Board did not question the applicant. Mr.
Abramitis moved to approve the application subject to staff recommendations and adding
a condition that the bring the parkway into compliance with the code and that would be
determined by Village Official. Mr. Reese seconded the motion. The vote was unanimous
in favor of the motion 4-0.
PZ-6-11-2011248
Mariedy Mendoza (Owner)
Luis Silveira (Applicant / Agent)
Page 5 of 8
Planning Board Regular Meeting
June 23, 2011
10667 NE 11 Ave.
Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and
approval for 750sq ft addition, including 1 bedroom, 2 baths and a den.
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 did not address the Board. The Board did not question the applicant. Mr.
Madsen moved to approve subject to staff recommendations. Mr. Abramitis seconded the
motion and the vote was in favor of the motion 4-0.
PZ-6-11-2011249
Stephen Marino (Owner)
Mario Rumiano (Applicant / Agent)
1249 NE 97 St.
Pursuant to Articles IV, VI and VII. A Variance request from Article IV Schedule of
Regulations to constrict a patio 1.5 ft. from the side lot line, a 10 ft. setback is required.
Mr. Madsen moved to table this application. Mr. Reese seconded the motion and the vote
was unanimous in favor of the motion 4-0.
PZ-6-11-2011250
Alion Properties LLC (Owner)
Javier Vazquez (Applicant)
180 NW 103 St.
Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and
approval for garage conversion to 1 bedroom, 1 bath.
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 Board questioned the Building Official
concerning this already being built and what would have to be done to insure this was
built properly. The building Official stated the applicant took x-ray equipment out to the
site to x-ray the concrete to see if the proper reinforcement were put in. The Board also
asked if there were any elevation or façade issues on this property. The Building Official
answered no.
The applicant addressed the Board. The Board did not question the applicant. Mr.
Madsen moved to approve subject to staff recommendations. Mr. Abramitis seconded the
motion and the vote was in favor of the motion 4-0.
PZ-6-11-2011251
Patricia Lieber (Owner)
Luis Silveira (Applicant / Agent)
10667 NE 11 Ave.
Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and
approval for a garage conversion to a playroom and a library.
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Planning Board Regular Meeting
June 23, 2011
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 Board questioned the existing kitchen in the
garage and if the garage door was going to be removed.
The applicant did not address the Board. The Board did not question the applicant. Mr.
Reese moved to approve subject to staff recommendations. Mr. Abramitis seconded the
motion and the vote was in favor of the motion 4-0.
PZ-6-11-2011252
Aurora Loan Services LLC (Owner)
Mai Vu (Applicant / Agent)
1275 NE 94 St.
Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and
approval for an open carport conversion to 1 bedroom and 2 baths.
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 Board questioned staff if they approved this
enclosure would this house conform with the requirements as to flat roofs not being
visible from the street and percentage areas. Staff answered no, he looked at this as an
existing situation back from 1938. The Board questioned the Building Official if he had
an opportunity to look at this property. The Building Official answered no.
The applicant addressed the Board. The Board question the applicant about any knowlage
of any open violations and if they have any idea if they meet the code provisions for this
flat roof. After a discussion, Mr. Abramitis moved to table this application. Mr. Madsen
seconded the motion and the vote was in favor of the motion 4-0.
PZ-6-11-2011253
Robert Chitty (Owner)
Bill Thomas (Applicant)
Greg Valli (Agent)
1665 NE 104 St.
Pursuant to Articles V and IV of Appendix A Zoning, Special site plan review and
approval for waterfront development including dock work and new boat lift.
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 Board questioned staff concerning who was the
already approved regulatory agency.
The applicant addressed the Board. The Board did not question the applicant. Mr. Reese
moved to approve subject to staff recommendations and add a condition to supply a letter
of authority for the applicant. Mr. Madsen seconded the motion and the vote was in favor
of the motion 4-0.
Page 7 of 8
Planning Board Regular Meeting
June 23, 2011
PZ-6-11-2011254
Veronique Sfara (Owner)
David Morton (Applicant)
1080 NE 105 St.
Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and
approval for a second story addition including 2 bedrooms and 2 baths, and for waterfront
development of a deck.
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 Board questioned staff are they being asked to
approve anything that overlaps the applicants property.
The applicant address the Board. The Board did not question the applicant. After a
discussion, Mr. Reese moved to approve subject to staff recommendations with the
exception of the deck. Mr. Abramitis seconded the motion and the vote was in favor of
the motion 4-0.
DISCUSSION ITEMS:
a. Discuss Zoning Code potential amendment for sheds.
b. Discuss Zoning Code potential amendment regarding wood-plastic composite
lumber and plastic lumber.
c. Discuss Zoning Code potential amendment regarding Downtown Master
Sign Agreement, Council Request.
d. Discuss Zoning Code potential amendment regarding the showing of movies,
Council Request.
Mr. Dacquisto provided background information and summarized the information on the
Staff Report. Staff offered three options to the Board.
Option #1
Staff prepared the following language modified from an original proposal by the attorney
for the PlayGround Theatre. This amendment only allows the showing of movies in a
legitimate theater.
This option allows legitimate theaters as defined, to apply for special approval to show
movies. The special approval is valid for a period not to exceed 1 year and is renewable.
Option # 2
This option allows any venue to apply for special approval to show movies. The special
approval is valid for a period not to exceed 7 days. Additional permits may be applied
for.
Option # 3
This option allows legitimate theaters as defined, to apply for special approval to show
movies. The special approval is valid for a period not to exceed 1 year and is renewable.
Page 8 of 8
Planning Board Regular Meeting
June 23, 2011
This option allows all other venues to apply for special approval to show movies. The
special approval is valid for a period not to exceed 7 days. Additional permits may be
applied for.
The Board discussed the concerns about the playground theater. The Board discussed the
maximum/minimum seat capacity and how to control pornography shown at this location.
NEXT WORKSHOP – September 8
a. Discuss scheduling workshop to address potential zoning code amendments.
NEXT REGULAR MEETING – September 22, 2011
a. Regular agenda.
b. No hearing in August.
ADJOURNMENT
The July 28, 2011 Planning & Zoning meeting was adjourned.
_________________________ ____________________________
David Dacquisto, Director of Planning Chair, Planning & Zoning Board