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Board Minutes PZ 11-09-22_unbound MIAMI SHORES VILLAGE DEPARTMENT OF PLANNING & ZONING 10050 NE 2nd Avenue Miami Shores, FL 33037-2304 www.miamishoresvillage.com Main Number: 305-795-2207 Fax Number: 305-756-8972 David A. Dacquisto AICP, CFM, Director MIAMI SHORES VILLAGE PLANNING BOARD REGULAR MEETING The regular meeting of the Miami Shores Planning Board was held on Thursday, September 22, 2011, at the Village Hall. Board Chair Richard Fernandez called the meeting to order at 7:00 P.M. with the following persons present: I. ROLL CALL Roll Call. Present: Richard Fernandez, Chair, Sid Reese, Paul Madsen, Robert Abramitis, John Busta, David Dacquisto, Director of Planning and Zoning (Not voting), Richard Sarafan, Village Attorney (Not voting). II. BOARD MEMBER DISCLOSURES Robert Abramitis, 1275 NE 94th St, 9717 N Miami Ave, 1080 NE 105th St, 9165 Park Dr, 1461 NE 102nd St, 1480 NE 103rd St. John Busta, visited all sites except 375 NE 94th St and 9701 NE 2nd Ave. Paul Madsen visited all sites except 1080 NE 105th St. Sid Reese visited all sites. Richard Fernandez visited 375 NE 94th St. III. ACTION ITEMS: PUBLIC HEARINGS a. Proposed Amendment to the Miami Shores Village Code of Ordinances, Appendix A ZONING, Article VI. Special Approvals. To Add Sec. 620 for which three options are provided: 1. Sec. 620. Granting of special approval for the public performance of movies within legitimate theaters. 2. Sec. 620. Granting of special approval for the indoor public performance of movies. 3. Sec. 620. Granting of special approval for the public performance of movies within legitimate theaters or within other venues. Provides the authority under which the Village Council may grant special approval for the public performance of movies in Miami Shores. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. Public hearing opened. David Coviello attorney for PlayGround Theater spoke on behalf of showing movies in legitimate theaters, option #1. Believes there are safeguards that could be put in place at time of permitting Stephanie Ansin from the PlayGround Theater talked on behalf of showing movies at the theater, independent and foreign films. Showing movies would support other merchants in town helps the Miami Shores community. Patrick De Bovier ran film festivals in Miami and supports the PlayGround Theater request to show movies, talked of importance of movies. Playground Theater is a unique venue. Public hearing closed. Miami Shores Village, Planning Board Meeting Minutes: September 22, 2011 2 Richard Sarafan pointed out there were 3 alternatives and individuals only spoke in support of option #1 showing movies at the PlayGround. The Board pointed out they had not heard support for showing movies elsewhere. Board identified compliance issues with small venues mee ting code requirements, building, fire etc. Limiting showing of movies to PlayGround supports the Theater. The Board stated support for option #1 and fact those present also support #1. The Board stated showing in other venues is a compliance issues and venues often hold the events without the proper approvals. Motion: Recommend Village Council adopt code amendment option #1, Action: Approve, Moved by Sid Reese, Seconded by Paul Madsen. Motion passed unanimously. b. Proposed Amendment to the Miami Shores Village Code of Ordinances, Appendix A ZONING, Article V. Supplementary Regulations, Division 2. Use Regulations. To Add Sec. 504.3. Authority granted to Planning Director to administratively approve applications for specific types of signs. A code amendment identifying specific signs that the Planning Director is authorized to administratively approve without Planning Board review. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. Fernandez went over the 4 options previously considered. Based on board directive the director provided 1 option for temporary grand opening signs. Public hearing opened Julio Martinez asked about for rent signs, staff stated already in code. Public hearing closed. The Board expressed their support for temporary signs. Motion: Recommend Village Council adopt code amendment to allow temporary grand opening signs., Action: Approve, Moved by Robert Abramitis, Seconded by Sid Reese. Motion passed unanimously. IV. MINUTES a. July 28, 2011 Motion: , Action: Approve, Moved by Robert Abramitis, Seconded by Paul Madsen. Motion passed unanimously. V. SCHEDULED ITEMS SWEARING IN OF WITNESSES Village Attorney, Mr. Sarafan swore in all those participating in the meeting. TABLED ITEMS FILE NUMBER APPLICANT/ SITE ADDRESS REQUEST PZ-4-11-2011235, Swiss Property Management Corp (Owner), 1480 NE 103rd Street, Oliver Oberhauser (Applicant), T. Todd Martin ( Agent); Special Approvals, Sections 600; Sec. 523 & Sec. 523.1: Site Plan Approval, Sec. 604; Sec. 605: Construction, Addition second story. Chapter 8.5 Flood Damage Prevention; Sec 8.5-54 Coastal high hazard areas(V-zones) Motion: Table at the request of the applicant, Action: Table, Moved by Robert Abramitis, Seconded by Paul Madsen. Motion passed unanimously. Miami Shores Village, Planning Board Meeting Minutes: September 22, 2011 3 PZ-6-11-2011249, Stephen Marino (Owner), 1249 NE 97th Street, Same (Applicant), Mario Rumiano (Agent); 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. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. Steven Marino asked questions of staff regarding history of pad. Staff did not know if or when a previous pad was constructed at the location of the new pad. Mr. Marino gave a presentation of his previous visit to board fixing his house. He stated: A pad next to garage existed took out old pavers and replaced them. Village identified the pad as being a problem. Small hard surface outside house he uses. There should be another option to pursue other than variance. 24 x 24 paver pad existed when he bought house. Pulled it up for septic work replaced with new pavers. Now years after he did it village asking him to remove it. Board asked Mr. Marino do you agree you don’t meet criteria for hardship variance. Mr. Marino stated no one can meet it. Public hearing opened. Public hearing closed. The Board stated everyone needs to abide by setbacks. Not possible to deal with as site plan, as item is 85% out of compliance. This is not minor encroachment. Can you get reasonable use of property without the variance? If approved wo uld give special privilege to one individual. Motion: Deny the variance application, Action: Approve, Moved by Paul Madsen, Seconded by Sid Reese. Motion passed unanimously. PZ-6-11-2011252, Aurora Loan Services LLC (Owner), 1275 NE 94th Street, Same (Applicant), Mai Vu (Agent); 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. Motion: Table at the request of the applicant, Action: Table, Moved by Sid Reese, Seconded by Robert Abramitis. Motion passed unanimously. NEW ITEMS FILE NUMBER APPLICANT/ SITE ADDRESS REQUEST PZ-7-11-2011255, Carlos Eduardo Garcia (Owner), 38 NW 108th Street, Same (Applicant), Rufus Orindare (Agent); Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval for a garage conversion to a bedroom, bathroom, den and laundry room. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. The Board asked is there a 5 foot landscape between driveway and garage. Staff responded yes. Mr. Orindare was asked by the Board if he was aware of all the requirements he stated he went over requirements with director already. We are willing to abide by all requirements. Public hearing opened. Public hearing closed. Motion: Subject to staff conditions, Action: Approve, Moved by Sid Reese, Seconded by Robert Abramitis. Motion passed unanimously. Miami Shores Village, Planning Board Meeting Minutes: September 22, 2011 4 PZ-8-11-2011256, Isaias Cruz (Owner), 9817 N. Miami Avenue, Same (Applicant), None (Agent); Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval for a garage conversion to an entertainment room and laundry room. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. Public hearing opened. Public hearing closed. The Board pointed out that the curb cut requires county approval and this should be added as a condition. Cruze stated he is just trying to fix an illegal situation he bought. Motion: Subject to staff conditions and additional condition that Miami Dade approval for the curb cut be secured before a building permit is issued for the garage conversion, Action: Approve, Moved by Robert Abramitis, Seconded by Sid Reese. Motion passed unanimously. PZ-8-11-2011257, Veronique Sfara (Owner), 1080 NE 105th Street, David Morton (Applicant), Same (Agent); Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review, site plan modification and approval, to add an addition to the first floor with 1 bath and closet at the front of the residence, and for waterfront development of a deck. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. The Board asked staff if an architect may certify the site work, staff advised the architect may, Mr. Sarafan asked that the certification shall run in favor of the village. The Board discussed making condition 4 a requirement before building permits are issued. Mr. Morton I will give the building official a certificate prior to a CO and site drainage plans would be part of building permit submittal. Wood deck is not beyond property line, SFWM has jurisdiction and we are legalizing the seawall and davits. Steps would be a raised wood deck so should not be a drainage issue. Public hearing opened. Public hearing closed. Motion: Subject to staff conditions and requirement that condition #4 must be met before issuance of a building permit, Action: Approve, Moved by Sid Reese, Seconded by John Busta. Motion passed unanimously. PZ-8-11-2011258, Devinella LLC (Owner), 9165 Park Drive, Same (Applicant), Mark Campbell (Agent); Pursuant to Articles IV, V and VI of Appendix A Zoning, Special Site plan review & approval for site plan and change of use; Doctor’s office. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. Mr. Campbell stated they plan to remove 2 parking spaces from swale. The Board did not agree with the parking calculation done by staff especially credit given for a doctor’s office that had been closed for at least 5 years. Staff stated they interpret existing generously. The Board stated if we calculate doctors parking based on the whole area 7,329 you get 37 spaces. If additional spaces are available from the railroad or swale, make the whole building medical and only 1 more parking space is required. Mr. Campbell stated the applicant will lease parking spaces if that makes plan more amicable to board. The Board discussed the proposal and stated, that based on evidence presented the proposed use is a doctor’s office, limited in scope, not a clinic, this particular owner’s proposal is a doctor’s office, it is not a clinic, after listening to testimony from Mr. Campbell agree it is a doctor’s office. The Board asked about residential character of building and Mr. Campbell described how the building is being changed with tile and varying roofs to bring residential character to building. Adding lots of landscaping. All board members found the building has a residential character. Public hearing opened. Public hearing closed. Miami Shores Village, Planning Board Meeting Minutes: September 22, 2011 5 Motion: Subject to staff conditions and applicant to provide a total of 36 acceptable parking spaces, or applicant may expand the Doctor’s office throughout the building if 37 acceptable parking spaces are provided Action: Approve, Moved by Sid Reese, Seconded by Paul Madsen. Motion passed unanimously. PZ-8-11-2011260, Jacqueline Butler (Owner), 1461 NE 102nd Street, Same (Applicant), Michael Llopis (Agent); Pursuant to Articles V and VI of Appendix A Zoning, Special site plan review and approval for a metal roof. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. Public hearing opened. Public hearing closed. Motion: Subject to staff conditions, Action: Approve, Moved by Sid Reese, Seconded by John Busta. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Richard Fernandez, Chair, Sid Reese, Paul Madsen, John Busta. No: Robert Abramitis. PZ-8-11-2011261, Denis Arden (Owner), 375 NE 94th Street Same (Applicant), None (Agent); Pursuant to Articles V, VI and VII of Appendix A Zoning, Errors and Variances, Appeal on allegation of error, parking in swale. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. The Board asked if there were 2 parking spaces already on site, staff and the property owner responded yes. Swale not property of applicant, owned by Miami Shores, use by adjacent property owners is permissive not mandatory. Does the property owner have a driveway at the front of their property, staff stated no. The Board considered optional designs. Mr. Arden stated the idea was to provide a residential plaza in front of the house. I would leave a 2 foot landscape strip if you allow me to have a 6 foot sidewalk to connect the driveway to sidewalk. Board left it to the applicant and Planning Director to work out an acceptable design. Motion: Applicant and Planning Director to work on options that may not require Board action, Action: Table, Moved by Robert Abramitis, Seconded by John Busta. Motion passed unanimously. PZ-9-11-2011262, Cochran Miami Shores LLC (Owner), 9701 NE 2nd Avenue, Greater Miami Shores Chamber of Commerce (Applicant), Shelby G. Smith (Agent); Pursuant to Articles V and VI of Appendix A Zoning, Special site plan review and approval for window sign. No one was present representing CMS LLC or GMSCC. Motion: , Action: Table, Moved by John Busta, Seconded by Paul Madsen. Motion passed unanimously. PZ-9-11-2011265, Alex Adelman (Owner), 9999 NE 2nd Avenue, Daniel Leon (Applicant), None (Agent); Pursuant to Articles IV, V, VI and VII of Appendix A Zoning, Special Site plan review & approval for site plan and change of use; Doctor’s office; A Variance request from Article V Supplementary Regulations to reduce the parking requirement from 6 to 5 parking spaces. Richard Sarafan asked Julio Martinez to clarify ownership of the property. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation into the record. The Board asked about parking requirements for total building and asked if they would lease a parking space. Julio Martinez said they are looking into that with village. Public hearing opened. Public hearing closed. Miami Shores Village, Planning Board Meeting Minutes: September 22, 2011 6 Motion: Change of use to doctor's office with all staff conditions and added condition to secure 1 additional parking space to the satisfaction of the planning director, Action: Approve, Moved by Robert Abramitis, Seconded by Sid Reese. Motion passed unanimously. VI. DISCUSSION ITEMS There were no discussion items. VII. NEXT WORKSHOP –October 6, 2011 The Board discussed reviewing the new zoning code October 6 and decided to look at the new zoning code at the workshop in November. VIII. NEXT REGULAR HEARING – October 13, 2011 IX. ADJOURNMENT The September 22, 2011 Planning and Zoning meeting was adjourned at 10:00 p.m.