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Board Minutes PZ13-07-25_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 July 25, 2013 THURSDAY, 7:00 P.M. I. ROLL CALL John Busta, Robert Abramitis, Chairman Richard Fernandez. Absent: Steve Zelkowitz, Sid Reese. II. BOARD MEMBER DISCLOSURES III. ACTION ITEMS a. None IV. MINUTES a. June 27, 2013 Motion: Approve minutes. Action: Accept, Moved by John Busta, Seconded by Robert Abramitis 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. PZ-4-13-201320: 1020 NE 99th Street, (Owner) Julianna Castro, (Applicant) Same, (Agent) Miguel Rionda; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Sec. 520 and Sec. 702, Hardship Variance. Sec. 518 (a) (4). Fence height on Biscayne Boulevard. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Juliana Castro, Alex Redondo and Miguel Rionda were present. Mr. Redondo asked staff to point out based on the four variance criteria’s that needed to be met which criteria was not being met. Staff answered that none of the criteria’s were met. Mrs. Castro asked staff if he recalled how many requests were made for a height variance on Biscayne Miami Shores Village, Planning Board Meeting Agenda: July 25, 2013 2 Boulevard. Staff mentioned he did not recall any for a fence on Biscayne Boulevard but board had in the past denied a gate height variance on Biscayne. Mr. Abramitis asked staff if location where homeowners were seeking variance, does the code permit them to have a solid fence or does it have to be pickets or some sort of iron bars. Staff answered they could have a solid fence on Biscayne Blvd which would be masonry fence. New code says that if wood fence it would have to be a picket fence on a corner lot. Owner is requesting a solid wall. Chairman asked about height along Biscayne Blvd and if it is measured at 6ft. then request would be at a 33% variance. Julianna Castro gave presentation and mentioned palm trees are presently covering wall but after several attempts to fertilize they have no remedy and are dying. Safety is a great concern because of her two small children and the access that people have along Biscayne Blvd to her property. Mr. Redondo also reiterated safety concern and mentioned it creates a hardship on full use of home. Miguel Rionda mentioned there is an 8 ft. wall on 95th street. Motion to deny application. Moved Robert Abramitis, Seconded by John Busta. Motion withdrawn for public comment. Public Comment Open Randy Brostek 1035 NE 99th St. Mr. Brostek stated he has the same wall of Biscayne Boulevard and mentioned he does not use that side of the property because of outside traffic on that side of home. Regarding the safety issue he also finds on a daily basis broken bottles and things that are thrown into yard. It is a real safety issue for him and he believes it’s a real concern for their neighbors because they have small children. Mr. Brostek also mentioned there is a lack of privacy for homes. He is in support of the variance and respects board’s decision. Public Comment Closed Motion to deny application. Moved by Robert Abramitis, Seconded by John Busta Discussion by board members. Motion passed unanimously. NEW ITEMS 1. PZ-6-13-201336: 680 NE 97th Street, (Owner) Robert and Rosaline Frame, (Applicant) Same, (Agent) Mark Campbell; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations and Sec. 600, Site plan review and approval required. Garage conversion, cabana and office. 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. Campbell was present as agent and mentioned they understood provision denying canopy be attached to the converted garage because it could be seen from the street. Mr. Abramitis asked staff if board approved staff recommendations what could potentially happen to space if no pool is built, would it become usable space. Staff mentioned that provision was placed as a recommendation because of several previous applications that were presented to board. The condition that no final CO be given technically spaced cannot be used because it has not received its final inspection. Mr. Abramitis concerns Miami Shores Village, Planning Board Meeting Agenda: July 25, 2013 3 are that the cabana is away from pool designated area and is afraid that if a shower is in cabana that this location can become a rental unit in the long run if a pool is not built. Mr. Campbell and owner mentioned that a pool will be built and cabana will have a shower in it. The pool is located in a different section than most because of the existing septic system and plumbing. The garage already exists and therefore will be used as cabana/personal office. As per Mr. Frame pool will be built before cabana is complete. Mr. Busta asked Mr. Campbell if a side door existed and if no additional doors will be created. Mr. Campbell stated there is one existing door and no additional doors would be added. Mr. Frame addressed board with his concern about canopy and Mark Campbell explained to his client that canopy is under the provision of a flat roof and per code it could not be seen from the street. Motion to approve subject to staff recommendations with the additional requirement that the site plan include the construction of a pool and no certificate of occupancy be issued for the cabana until pool is granted final approval by the building official. Moved by Robert Abramitis, John Busta. Motion passed unanimously. 2. PZ-6-13-201337: 9350 NE 12th Avenue, (Owner) R. Andrew de Pass & William J. Jurgerg, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations and Sec. 600, Site plan review and approval required. First and second story additions with complete interior remodel. 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. De pass was present. Mr. Abramitis asked what would happen with past approved development order requirements. Mr. Sarafan gave board options on how to incorporate previously approved requirements if they wished to include them in this new application. Mr. Depass gave presentation and mentioned they were eliminating the new build which is between the garage and the old structure. The foot print was very large and expensive therefore they are reducing the square footage. All the previous requirements are going to be adhered to. Mr. Abramitis confirmed with Mr. de Pass that no changes would be made to the façade. Motion to approve subject to staff recommendations with all prior conditions to remain enforced. Moved by John Busta, Seconded by Abramitis. Motion passed unanimously. 3. PZ-6-13-201338: 9059 Biscayne Boulevard, (Owner) Shore Square Properties LLC, (Applicant) Jose Santaella, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations, Sec. Signs and Sec. 600, Site plan review and approval required. 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. Santaella was present and did not have any questions for board. Board members did not have any questions. Motion to approve subject to staff recommendations. Moved by Robert Abramitis, Seconded by John Busta. Motion approved unanimously. Miami Shores Village, Planning Board Meeting Agenda: July 25, 2013 4 4. PZ-7-13-201339: 1286 NE 104th Street, (Owner) Frantz Oliver, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations and Sec. 600, Site plan review and approval required. Addition and remodeling. 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. Olivier was present. Board members did not have any questions. Motion to approve subject to staff recommendations. Moved by Robert Abramitis, Seconded by John Busta. Motion approved unanimously. 5. PZ-7-13-201340: 295 NE 95th Street, (Owner) Alison Antrobus & Adam Shepard, (Applicant) Same, (Agent) Miguel None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations and Sec. 600, Site plan review and approval required. First and second story expansion. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Alison Antrobus and Adam Shepard were present. Board members did not have any questions. Motion to approve subject to staff recommendations. Moved by John Busta, Seconded by Abramitis. Motion passed unanimously. Board members send Mr. Sid Reese best wishes and speedy recovery. VI. DISCUSSION ITEMS a. None. VII. NEXT WORKSHOP – September, 2013 Tentative. a. Date is tentative to September 12th 2013. FAR: Florida Area Ratio discussion. VIII. NEXT REGULAR HEARING – September 19, 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.