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Board Minutes PZ13-02-28_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 MEETING Village Hall Council Chambers 10050 NE 2nd Avenue, Miami Shores FEBRUARY 28, 2013 THURSDAY, 7:00 P.M. I. ROLL CALL Richard Fernandez, Chair, John Busta, Victor Bruce, Sid Reese, Robert Abramitis. Acting Attorney Jesus Suarez II. BOARD MEMBER DISCLOSURES III. ACTION ITEMS: PUBLIC HEARING CONTINUED FROM DECEMBER 13, 2012 a. None IV. MINUTES a. January 24, 2013 Motion: Approve minutes Action: Accept, Moved by John Busta, Seconded by Victor Bruce. Minutes approved unanimously. V. SCHEDULED ITEMS SWEARING IN OF WITNESSES BY VILLAGE ATTORNEY: “Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth.” TABLED ITEMS 1. None NEW ITEMS 1. PZ-1-13-20131: 500 NE 97th Street, (Owner) Paul Adan, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and approval. Garage conversion, bedroom and master suite, and a covered patio. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. Paul Adan was present and did not have any questions for staff. Mr. Bruce asked about clarifications on plans and if the flat roof would have a pitched roof with tile. Mr. Adan answered yes and staff clarified as well what is allowed under code and changes that might exist when work begins. Mr. Bruce asked applicant if he knew home was designed by Degarmo and addressed additions and windows and having a similar treatment to conserve designers original historic intent. Mr. Bruce also asked if the low wall on the Miami Shores Village, Planning Board Meeting Agenda: February 28, 2013 2 side of the alley will be staying and made recommendations about ducts and placement regarding addition. Motion to approve subject to staff recommendations with 3 additional provisions. 1) Flat roof be replaced by a slope tile roof matching the rest of the residence. 2) All new windows match each other. 3) There will be no new ducts created or exposed in this new work. Moved by Robert Abramitis, Seconded by John Busta. Motion passed unanimously. 2. PZ-1-13-20132: 273 NE 98th Street, (Owner) Santiago Herrera, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V, VI and VII of Appendix A Zoning, Special site plan review and approval and Variance request rear yard. Garage conversion, cabana, bathroom and storage. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. Herrera was present and did not have any questions for staff. Board members had questions regarding future plans about pool and conversions since there is no current pool. Mr. Abramitis asked Mr. Herrera about additional plans including a pool and com plete project. Mr. Herrera mentioned that a pool was planned just not added to existing plans but could amend plans and return with final project. Motion to table. Moved by Robert Abramitis, Seconded by Sid Reese. Motion approved unanimously. 3. PZ-2-13-20133: 9350 NE 12th Avenue, (Owner) R. Andrew de Pass & William J. Jurberg, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval. First and second story additions with complete interior remodel, partial garage conversion and new open cabana with bath. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. William Jurberg did not have any questions. Mr. Abramitis asked staff if under code the term cabana and gazebo is the same thing. Mr. Abramitis’s concern is under the term gazebo, it would look like a small wooden structure. Mr. Abramitis also addressed concern about structure being placed in the required setback. Staff mentions the cabana meets provisions of the code as an accessory structure. The applicant named it a gazebo but staff uses term cabana. The cabana is a masonry structure and slightly different because it is open air with a screen door. It is open on 2 sides and closed on 2 sides. Mr. Bruce asked staff about slopes. Mr. Chairman asked staff about material proposed for fence is PVC and staff mentioned under code this material is not allowed as building material. Mr. Chairman raised concern about a new septic tank because of 6 bathrooms and parking requirement on plot. Mr. Chairman also addressed that the location might be preserved by the county because of hardwood hammock. Mr. Jurberg made presentation and addressed Chairman’s concerns about hardwood hammock and trees they will be preserving. He also mentioned the parking requirement will be met. Mr. Andrew de Pass owner of property also clarified septic concerns. Mr. Bruce addressed plans and design and asked about large stone wall and materials. Harry Sanchez, architect for applicant mentioned they will be using wood as material for the front and stone will be like a lime stone. The front of the property has a five foot wall Miami Shores Village, Planning Board Meeting Agenda: February 28, 2013 3 that hides the a/c equipment and is permitted under the code. Mr. Chairman addressed landscaping plan and restrictions on property. Mr. de Pass addressed boards concerns. Mr. Reese addressed concerns about issues and problems in the area. Mr. Abramitis asked if the wood in the porch was structural or decorative and applicant mentioned it was decorative. Mr. Abramitis also asked about height of gazebo wall. Applicant mentioned wall would be 10 ft. Mr. Jurberg addressed elevation in back of home where the gazebo will be and there will be 5 feet of fence and 5 feet of gazebo that the neighbor will see. Mr. Chairman asked about topographical map and outline of property and Mr. Sanchez mentioned the survey shows the elevation but did not connect topographical lines. Public comment. Vanessa Van Dyne address 1078 NE 94 St. Ms. Van Dyne commends neighbors for proposed look since property has been a real problem for her for many years. She mentioned that because of the oak trees, the structure of this property and her home are compromised and would like to address the gazebo and fence material. Ms. Van Dyne does not like the height of the structure because of privacy and sound because the sound will carry. Mr. Abramitis asked about pooling of water or any sort of flood issues and Ms. Van Dyne answered no. John Mitchell 9330 NE 12 Avenue, neighbor immediately to the south. Mr. Mitchell mentioned that property has a pretty severe slope. Mr. Mitchell echoes Ms. Van Dyne’s comm ents and concerns and overall maintenance. Mr. Sanchez addressed public comments and board clarified PVC is not a material allowed under code. Mr. Bruce addressed the retention point and owner must keep water on property and sound on property. Mr. Abramits addressed concerns with presenting neighbors with big blank walls. Mr. Chairman asked staff to look into Hardwood hammock preservation and comments made from a previous Planning & Zoning member Charlie Smith. Motion: Move to table. Moved by Sid Reese, Seconded by Robert Abramitis. 4. PZ-2-13-20134: 9969 NE 4th Avenue Road, (Owner) Joel and Andrea Minski, (Applicant) Same, (Agent) Roberto Gambach; Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval. Garage conversion, bathroom and storage. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. Gambach, agent for Mr. Minski was present and made presentation. Board members did not have any questions for agent. Motion to approve subject to staff recommendations. Moved by John Busta, Seconded by Sid Reese. Motion approved unanimously. Miami Shores Village, Planning Board Meeting Agenda: February 28, 2013 4 5. PZ-2-13-20135: 9534 NE 2nd Avenue, (Owner) Leocava LLC, (Applicant) Dermbar MD, (Agent) Thomas Luongo; Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval. Wall sign. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. Luongo asked staff about clarification regarding window and staff mentioned that doctors office is accessible from a common entrance into a common hall way. The doctor’s office does have a common wall with the exterior but the one thing that is missing is that it does not have a window but it is the same wall as the doctor’s office. Board asked questions regarding businesses inside of building. The submittal plans show the offices in the building but staff does not know exact number. Staff mentions that there appear to be two main office in the building at least one of which may have multiple doctors using a central reception area. Mr. Chairman addressed concerns with consistency about businesses that open to the street or hallway, all these business had occupants listed on a building directory. Mr. Luongo made a presentation that door is a common exit and not really an entrance, the tenant has made a lease with landlord to have sole use of door as an entrance. Board address concerns and speaks on harmony. Motion to deny. Moved by Robert Abramitis, Seconded by John Busta. Motion approved unanimously. 6. PZ-2-13-20136: 9723 NE 2nd Avenue, (Owner) Gator Investments, (Applicant) Marc Prophete & Marie Val, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval. Wall sign. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Ms. Marie Val was present and did not have any questions for staff and made presentation. Board members did not have any questions. Motion to approve subject to staff recommendations with the added requirement full color PVC board sign is removed as it is not harmonious with the rest of street. Motion moved by Robert Abramitis, Seconded by Victor Bruce. Motion passed unanimously. 7. PZ-2-13-20137: 9801 NE 2nd Avenue, (Owner) Shapar Realty, (Applicant) Richard Lehman, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval. Wall sign. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. Lehman was present did not have any questions. Mr. Bruce asked about white lettering and Mr. Lehman mentioned that it was not going to be white but off white yet he also presented another color of choice which is brown. Board agrees brown is the color that would be approved. Motion to approve subject to staff recommendations as amended. Moved by Robert Abramitis, Seconded by Sid Reese. Motion passed unanimously. Miami Shores Village, Planning Board Meeting Agenda: February 28, 2013 5 8. PZ-2-13-20138: 999 NE 94th Street, (Owner) Aurelio Martinez, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval. Fences in the front yard. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. Martinez was present had no questions for staff. Mr. Abramitis asked about sharp points at end of fence and Mr. Martinez mentioned they were sharp but not too sharp. Motion to approve subject to staff recommendations Moved by John Busta, Seconded by Sid Reese. Motion approved unanimously. VI. DISCUSSION ITEMS a. Village Council meeting of February 19, considering rewrite of zoning code. Chairman comments on council meeting regarding what may change on what is presented in front of Planning and Zoning board. Structures in the yard, Slopes in the roof and Site plan approval. Addresses concerns about no parking requirements in the B1 district. Mr. Abramitis asked if there any communities with no parking regulations. Staff answered. VII. NEXT WORKSHOP – None Scheduled a. None. VIII. NEXT REGULAR HEARING – March 28, 2013. a. Regular agenda. IX. ADJOURNMENT Pursuant to Chapter 286.0105, Florida Statutes, if person decides to appeal any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Miami Shores Village complies with the provisions of the American with Disability Act. If you are a disabled person requiring any accommodations or assistance, including materials in accessible format, a sign language interpreter (5 days notice required), or information, please notify the Village Clerk’s office of such need at least 72 hours (3 days) in advance.