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Board Minutes PZ13-06-27_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 MINUTES Village Hall Council Chambers 10050 NE 2nd Avenue, Miami Shores June 27, 2013 THURSDAY, 7:00 P.M. I. ROLL CALL Mr. Zelkowitz, Mr. Busta, Mr. Reese, Mr. Abramitis, Chairman Fernandez. II. BOARD MEMBER DISCLOSURES III. ACTION ITEMS a. None IV. MINUTES a. May 23, 2013 Motion: Approve minutes Action: Accept, Moved by Steve Zelkowitz, Seconded by Sid Reese. 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 Motion to lift item from table. Moved by Steve Zelkowitz, Seconded by Robert Abramitis. Motion passed unanimously. 1. PZ-4-13-201322: 1039 NE 104th Street, (Owner) Noel Franz, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 and Sec. 600, Schedule or Regulations, Site plan review and approval required. Sec. 534. Dock and boat lift. Mr. Dacquisto provided background information from previous meeting regarding applicant’s proposal to install a new boat dock and boat lift and neighbors’ concerns with crack on seawall. Item was tabled to allow applicant meet with an engineering firm and have them evaluate seawall and also have Mr. Norman Bruhn, Building Official review property for any potential issues. Mr. Bruhn mentioned when he visited the property and Miami Shores Village, Planning Board Meeting Agenda: June 27, 2013 2 looked at proposed plans; he noticed the project does not bear on the seawall; everything will bear on the new construction. Project is several feet away from the concerned area. The area reviewed relating to the proposed project does not draw any concern for Mr. Bruhn. The seawall looks to be in good condition but it does have an issue with the lift where the foundation has sunk in the ground a little bit. Mr. Bruhn is not concerned with project in any way nor is there enough concern that would have him create a violation. Mr. Chairman asked board members to give feedback on if they believe an engineer should take a look at the seawall before approving application. Mr. Bruhn offers board a suggestion in that a condition is added that Mr. Franz provides information during the permitting process from engineer that designs the lift to show that the existing seawall is in good condition. Board discussed proposed solution. Engineers report. Mr. Shawn St. Prie;1029 NE 104 St. reiterated that he is not opposed to the project and would like to see project moved forward. The only issue that he would like to see addressed is the crack in the seawall since it also pertains to his property and is a symptom of a problem. When he installed his boat dock he needed to fix a problem and he is asking that Mr. Franz fix part of the problem as well. Mr. Noel Franz reiterated Mr. Bruhn’s findings and mentioned when neighbor was putting in an entirely new seawall there were certain problems and because problems were related to the new seawall he had to fix them. Mr. Franz’s wall was damaged at the time of the neighbor’s installation and problem was fixed and there is no problem now, nor is there erosion on wall. Motion: Approve subject to staff recommendations with additional recommendation that Mr. Bruhn, prior to signing off on final is provided with engineering report that he deems sufficient. Moved by Sid Reese, Seconded by Steve Zelkowitz Motion approved unanimously. NEW ITEMS 1. PZ-5-13-201330: 9325 N Bayshore Drive, (Owner) Omar Cassola, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V, VI and VII of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Site plan review and approval required. Addition. Variance, Sec. 702, Hardship variances. Sec. 400, Schedule of Regulations, R District, Maximum building height, 30 feet. 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. Cassola asked staff questions regarding details in staff’s report. Board members are presented with a sketch drawing of what project may look like once completed. Mr. Abramitis asked staff about statement made by owner regarding allowable structures and if our code provides for a service tower up to 40 feet in a residential zone. Staff refers to section 505 of our code and attorney reads section of code for clarification. Mr. Abramitis asked staff if board viewed this elevator addition as a mechanical penthouse would it be intruding into the setback and staff answered yes. Board members discuss variance with regards to height and setback. Mr. Cassola gave presentation and mentioned why this elevator is a necessity for him and his family. Miami Shores Village, Planning Board Meeting Agenda: June 27, 2013 3 Public Comment Open Joan Muller property owner of 1263 NE 93 Street has resided in this home for about 50 years and considers Mr. Cassola’s home a gem and no one would like it to change but this family needs to have a little consideration being that there is a sick sister that is bed ridden and truly needs consideration. She does not believe that anyone in her neighborhood is opposed to project. Barney Moody property owner of 1131 NE 97 St. mentioned many years ago after a terrible accident with his sister and he received support from the Miami Shores community and now would like to give Mr. Cassola his support because his family needs to be helped. Public Comment Closed Board members discuss and give comments. Motion to grant variance subject to staff recommendations. Moved by Steve Zelkowitz, Seconded by John Busta. Discussion by board. Vote: Yes; Steve Zelkowitz, John Busta, Sid Reese. Vote: No; Richard Fernandez, Robert Abramitis. Motion Approved. 2. PZ-5-13-201331:9325 NE 5th Avenue, (Owner) Amy Slay, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V, VI and VII of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Special site plan review and approval required. Fences in front yard, Sec. 518 (b). Variance, Sec. 702, Hardship variances. Sec. 518 (a) and (g) Maximum height, 3.5 feet in any required front yard or side yard on a reverse corner plot. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Frederick Smith was present as co-owner of 9325 NE 5th Avenue and presented board members with packet that provides answers to the variance criteria. Mr. Smith mentioned that he and Ms. Slay also own a home in the Bahamas and while they sometimes travel back and forth alone they do have dogs such as Great Danes and Siberian Huskies as security. The height of the fence is too low for safety of the dogs, passersby and traffic. Mr. Abramitis asked Mr. Smith if he believed everyone with big dogs should be granted a variance and Mr. Smith answered no, he was just concerned that it could be a liability issue for him if one of the dogs harmed a passerby. Mr. Zelkowitz asked staff if code was changed recently because he has seen fences that exceed the height requirement and asked if they were all variances. Staff mentioned that the fence requirement has not changed in many years and explained situation with corner lots and fences. Attorney Sarafan clarifies that just because there are things we see in the village doesn’t necessarily mean they were built with a permit and when pictures are presented we can show that the property has been cited with violations and could be potentially running fines. Miami Shores Village, Planning Board Meeting Agenda: June 27, 2013 4 Mr. Frederick asked clarification of purpose and intent of the 3 ½ foot limitation. Staff and Chairman give background to Miami Shores Village look and what other cities allow and how it changes look of city. Motion to Deny. Moved by Robert Abramitis, seconded by Chairman Fernandez Discussion by board. Motion passed unanimously. 3. PZ-5-13-201332: 101 NE 105th Street, (Owner) Fernando Monedero & Mercedes Plaza, (Applicant) Same, (Agent) Victor Bruce; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Site plan review and approval required. Garage conversion. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Victor Bruce was present as agent and asked staff about recommendation to not grant approval for the westerly door leading from the bedroom//paint studio to the side yard since currently there is a door and proposed plans show the door in a different location but moving door is his idea as the architect, homeowner simply requests the door remain. Staff mentioned there is no zoning code requirement that the door be removed but added condition based on boards past practice. Attorney Sarafan clarified with chairman about the often expressed concerns of the board that in a garage conversion they don’t like to see separate outdoor entrances that would make it amenable for a later owner to use it as a separate residence. Staff’s memo indicates that 2 studios have closets and therefore will be categorized as bedrooms by the building department. There is no door proposed and the building code requires that no door be constructed between the 2 bedrooms/studios. Chairman asked Mr. Bruhn; building official about certain requirements within bedroom/paint studio and removal of closets because of height issues. Mr. Bruhn mentioned living space would have to meet the minimum requirements. Chairman also asked building official if board decided to close westerly door what issues does he see elsewhere and Mr. Bruhn mentioned they would have to provide a secondary means of escape which based on drawings could be window once it complies with requirements. Mr. Bruhn also mentions that if closets are not built in than they would be considered furniture and they would no longer be a problem. Name is changed from bedroom/paint studio to studio. Board reviews plans ask agent, building official and staff questions and discuss. Mrs. Plaza addresses board and request that westerly door remain because of the easy access it brings after shopping. She will soon have a baby and door will be necessary to take child out of car and place in side room while unloading groceries. Motion to approve subject to staff recommendations with further requirement that closets be removed from the studios and that no doors be permitted leading from the studios to the side yard. Moved by Robert Abramitis, Seconded by Steve Zelkowitz. Motion approved unanimously. Miami Shores Village, Planning Board Meeting Agenda: June 27, 2013 5 4. PZ-5-13-201333: 900 NE 100th Street, (Owner) Raymond Mateo, (Applicant) Same, (Agent) Victor Bruce; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Site plan review and approval required. Addition, main floor expansion and new second story. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Agent and owner were present. Victor Bruce mentioned how the new plans have slightly changed from previous plans approved by board. Motion to approve subject to staff recommendations. Moved by Sid Reese, Seconded by Steve Zelkowtiz. Motion passed unanimously 5. PZ-6-13-201334: 1035 NE 96th Street, (Owner) Eric and Ingrid Palmisano, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Site plan review and approval required. New residence. Sec. 523.1 (f) (5). Metal roof. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Owners Eric and Ingrid Palmisano were present and stated they would like to build their home to their liking. Board members consider site plan review first and give owners positive feedback. Motion to approve subject to staff recommendations. Moved by Sid Reese, Seconded by Steve Zelkowitz. Motion passed unanimously. Board discusses metal roof proposed color. Motion to approve subject to staff recommendations. Moved by Sid Reese, Seconded by John Busta. Motion approved unanimously. New motion on this one. 6. PZ-6-13-201335: 215 NE 97th Street, (Owner) Cochran Miami Shores, (Applicant) Shaun Rogers, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Change of use, office to business office and student tutoring site. 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. Shaun Rogers was present and explained type of business, which is math tutoring. Board members raise questions as to how many kids would be tutored and for how long because of parking concerns. Mr. Rogers mentions that tutoring is individual and no more than 2 to 4 kids at one time would be present with two teachers in the afternoon hours of the day. Motion to approve subject to staff recommendations. Moved by Steve Zelkowitz, Seconded by Sid Reese. Motion approved unanimously. Miami Shores Village, Planning Board Meeting Agenda: June 27, 2013 6 David Dacquisto gave background as to when Barry University would be ready to speak to board about new zoning code. VI. DISCUSSION ITEMS a. None. VII. NEXT WORKSHOP – July 11, 2013 Tentative. Board discusses and next workshop will probably be held in September. a. FAR, Green and Open Space. b. Schedule future workshops for continued code rewrite. VIII. NEXT REGULAR HEARING – July 25, 2013. a. Regular agenda. Board members welcome new board member Steve Zelkowitz. 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.