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Board Minutes PZ13-09-19_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 September 19, 2013 THURSDAY, 7:00 P.M. I. ROLL CALL: Steve Zelkowitz, John Busta, Sid Reese, Robert Abramitis, Chairman Richard Fernandez. In Attendance: Richard Sarafan; Attorney David Dacquisto; Planning and Zoning Director Karen Banda; Clerk II. BOARD MEMBER DISCLOSURES III. ACTION ITEMS: PUBLIC HEARING a. None IV. MINUTES a. July 25, 2013 Motion: Approve minutes. Action: Accept, Moved by John Busta, 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 1. None NEW ITEMS 1. PZ-7-13-201341: 8825A Biscayne Blvd (Owner) Biscayne 88 Terrace LLC, (Applicant) Miami Vapors / Sandra Bettine, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations, Sec. 504 Signs and Sec. 600, Site plan review and approval required. Wall sign. Miami Shores Village, Planning Board Meeting Agenda: September 19, 2013 2 Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Applicant Sandra Bettine was present and did not have any questions for staff. Mr. Abramitis asked staff for clarity on signage proposed and if applicant was abandoning sign on tower above roof. Staff stated as per applicant tower signage was not part of application anymore. Mr. Abramitis clarified that board is only looking to approve photo in packet with logo, Miami Vapors, smoke and address. Board discusses address of property and designates the business to be the southernmost bay of 8825 Biscayne Blvd. Applicant states that business sells electronic cigarettes. Motion: Approve application subject to staff recommendations with the further requirement that application be completed to satisfaction of P&Z Director and approve what has been shown on the door of the picture for 8825A and motion is made in reference to Southernmost bay at address of 8825 Biscayne Boulevard. Moved by Robert Abramitis, seconded by John Busta. Board discusses that motion only approves door sign in picture and no flag sign. Wall sign will be discussed separately. Motion approved unanimously. Staff clarifies for board that only 45 square feet is allowed for signage allocated to building. If signage will only consist of door and wall than the requirements are met and approval is recommended. Board discusses wall sign and tower sign with applicant. Staff clarifies that tower sign specifically has to be approved by board and had previously denied approval to a different applicant. Motion: Approve wall sign subject to staff recommendations. Moved by John Busta, seconded by Sid Reese. Motion approved unanimously. Staff addresses tower sign and mentions that there are no permits for existing sign and a previous application made by a different applicant for signage was denied by board. Staff recommends denial. Motion: Deny tower sign. Moved by John Busta, seconded by Robert Abramitis. Motion approved unanimously. Chairman Fernandez acknowledges Board member Steve Zelkowitz arrival at 7:10 p.m. 2. PZ-7-13-201342: 9710 NE 2nd Avenue, (Owner) Ruben Matz / Shores Landing LLC, (Applicant) Dr. Sanon, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations, Sec. 504 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. Agent Jose Mastache 7400 W. 20th Avenue was present as representative for Dr. Sanon. and asked staff about clarification regarding staff report approval. Attorney Richard Sarafan asks staff if measurements taken are from both bays because it is currently rented for one tenant and if you took measurements for only one bay where the signage appears would it still be in the code. Concern is if in the future, tenant gives up second bay would that give up any sign rights. Miami Shores Village, Planning Board Meeting Agenda: September 19, 2013 3 Staff mentions that if the measurements are taken from half of the building that would equal about 42 square feet of signage allocation and applicant is requesting approximately 26.7 square feet and with reduction in staff’s recommendation they would still be within their limitations. Motion: Approve application but only in regard to sign shown on picture that on window indicates the business hours Mon-Friday and Saturday by appointments. Motion does not include approval for the other window or the door. Moved by Robert Abramitis, seconded by John Busta. Chairman asked staff about repetition and staff stated recommendations already took care of repetition issues. Motion approved unanimously. Applicant withdrew application. 3. PZ-8-13-201343: 9717 NE 2nd Avenue, (Owner) Gator 9723 NE 2nd Avenue LLC, (Applicant) Matt Pack, (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. Change of use, office/tutoring to personal training, retail and take out juice bar businesses. 4. PZ-8-13-201345: 8880 Biscayne Boulevard, (Owner) Tropical Chevrolet Inc. C/O Ian Wildstein, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Remodeled showroom and site improvements. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Applicant Ian Wildstein and agent Howard Nudell were present and did not have any questions for staff. Chairman addresses staff regarding understanding that under site plan approval process board has the ability to deal with safety issues, directional issues and signage and asks staff about his recommendations. Staff mentioned in staff report about changing two-way lane to one way driving west because it seems like the safest approach but would like input from Tropical Chevrolet Engineer. Mr. Abramitis asked staff if his safety concerns are about potential accidents within the property or on the public right away. Staff mentioned that concern is for onsite property because that is where the changes are taking place. Howard Nudell agent for Tropical Chevrolet gave presentation and agreed with recommendations made by staff and concurs with the one way recommendation. General Motors has created criteria of upgrading all of their facilities all over the country and there is a given elevation and a given interior. Motion: Approve subject to staff recommendations. Moved by Robert Abramitis, seconded by Steve Zelkowitz. Motion approved unanimously. 5. PZ-8-13-201346: 1285 NE 95th Street, (Owner) Robert Frehling, (Applicant) Same, (Agent) Kevin McMorris; 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. Miami Shores Village, Planning Board Meeting Agenda: September 19, 2013 4 Mr. Abramitis asked staff if there were any issues concerning roof since it protrudes away from the main building. Staff mentions details regarding construction will be always be handled with building official at time of permitting. Mr. Abramitis asked if code allows flat roofs on buildings and staff mentioned the zoning code does not prohibit flat roofs but does state if you have a sloped roof you can have a certain percentage or 300 square feet of flat roof. This board has previously turned down flat roofs therefore when meeting with applicants staff does relay that information. Mr. Abramitis asked if the railing on the second floor was an approved material. Staff mentioned railing is solid stainless steel and had been previously approved by this board. Chairman questions staff about square footage of proposed structure. Expresses concerns on flat roof and historical significance of home. Chairman asked if a sample was made available of the charcoal gray proposed roof and mentioned that color would attract a lot of heat. Mr. Juan Calvo architect shows board layout of home with plans. The house sits on 18,000 square foot of land and foot print is roughly 26 or 2700 square feet and is two stories. Landscape plan is presented by Matthew Lewis and mentions that landscape will tie home into existing neighborhood. There are live oaks on property and they propose planting native Florida plants that will surround property. Mr. Abramitis asked landscape architect about intent when he designed landscaping and Mr. Lewis mentioned that his design is to make landscaping an integral part of not only the building but neighborhood as well. Mr. Reese addresses concerns about design being compatible with the neighborhood and asked architect if he feels design is compatible with the neighborhood. Architect mentions he thinks it’s compatible in terms of scale and proportions and a lot of modern homes are white boxes and glass but this house is very conservative in that sense. Windows sizes are in proportion to windows in neighborhood. It is not a 1950’s home and has a modern angle to it but is compatible to the ways expressed. Mr. Abramitis asked Mr. Calvo if the architecture of this house was compatible with the architecture of the homes surrounding it, and not addressing the scale or the setbacks but the style. Mr. Calvo mentioned it is a stucco house like most in the neighborhood but concurs with Mr. Abramitis that it does not possess any of the architectural features of the homes around neighborhood. Mr. Busta asked about roof materials. Mr. Zelkowitz asked if there was a historic preservation covenant that would prevent the demolition of the existing structure and board and staff were not aware of any existing covenant. Chairman addresses historic designation comment and even though there may not be any local or national designation, there may be significance to the home and would like input from the Historic board regarding property. Chairman asked Mr. Lewis about specific plan and trees that will be planted on property. Mr. Lewis mentioned they are conserving large oak trees, large fern tree and adding palm trees, porto carpus hedges and a possible gumbo limbo tree. Mr. Abramitis asked about height on highest peak from true ground. Mr. Calvo stated it is 31 ft. Mr. Zelkowitz asked about the estimated cost of construction including landscaping. Mr. Calvo mentioned it is roughly between one million and a million two. Mr. Zelkowitz clarifies that his question was raised because after looking at the Miami Dade property records he sees that the existing home is declining in value and the proposed would increase value of homes around it. Chairman asked if property was going to be larger or smaller than existing home and Mr. Calvo did not have an answer because he does not recall the measurement of the existing structure. Mr. Zelkowitz mentioned Dade county records show the existing square footage of the home is 3,887 sq. ft. Proposed structure is 4,700 sq. ft. Miami Shores Village, Planning Board Meeting Agenda: September 19, 2013 5 Public comment Open. Lucy Walker owner of property 1273 NE 95 St. stated her home is west immediately next door to home under discussion. Mrs. Walker mentioned as of this summer she will have been living at her home for 50 years and has lived in the shores 56 years. Mrs. Walker mentioned she has spoken to 16 neighbors and they are all concerned and do not believe that the present design is compatible with the block. This street is unique in Miami Shores and putting up this design will break up the entire symmetry and all the harmony of the block. They are all in agreement that if design could be modified especially roof so that it could fit in with the neighborhood that would make everyone happy. Dr. Leo Walker owner of property 1273 NE 95 St. wanted to know if overhang of the roof would encroach in the setback on the west side. Staff mentioned a 3 ft. eave is allowed to encroach into the side yard. Carol Field owner of property 1235 NE 95th St. lives three houses west of the property under discussion. Mrs. Field, her husband and daughter share the same sentiment regarding proposed construction. Mrs. Field listened to the architect and his proposed materials and does not agree with layout to be conforming to existing neighborhood. The neighborhood as per visitors was compared to a Norman Rockwell gem. A charcoal grey roof, modern concrete, stainless steel were materials expressed and she does not see any of those materials used on any home on her block. Her home was built in 1978 and it is the newest house on the block. Even though there have been changes to some homes they all still have a resemblance to each other. There is a rich history on the block and homes do not have to be covered with hedges and trees instead current homes are celebrated with history. Manny Rivera owner of 1286 NE 95 St. lives directly across from the house under discussion. Mr. Rivera commends architect for design and salutes investment in the neighborhood and is all for progress and innovation but when he looks at display of proposed home he does not see a true picture of the home. He sees a sketch in pencil but if you look at the front with the roof proposed he feels like it is a fairly radical design when you incorporate it into neighborhood. Although he appreciates the modernization it is very important to incorporate design into the neighborhood. It is falling short in that area and believes not much thought went into the design when thinking of the village or neighborhood. This construction will stand out drastically in the neighborhood and would like design to flow within the neighborhood. Mr. Rivera opposes to this design. Phillip Levaser owner of 1218 NE 95 St. lives across the street and five houses west. Mr. Levaser does not feel design fits as it exists at the moment. He asked architect for an artist rendition of what the house will look like when it’s finished with the trees around it. Mr. Levaser would like something to be done with roof because he is not a fan of the metal roofs. Deborah Frehling owner 1115 NE 97th St. is daughter of applicant and mentioned parents are very concerned with landscape and will not be tearing it down and are going to great lengths to preserve trees. Parents are looking to live in Miami Shores for a long time and have purchased home across the street from this home so they could live on the block while they are building. The block has many different architectures and each of the times there were going to be changes she is sure the neighbors were going to be upset that something new was being done. Change can be scary but the design is beautiful and it deserves to be built. Just because it is not exactly what is there right now is not a bad thing. Public comment Closed. Miami Shores Village, Planning Board Meeting Agenda: September 19, 2013 6 Board discusses historic preservation board being addressed. Mr. Abramitis does not find any harm in getting additional input from other board. Mr. Reese does not find design compatible with neighborhood but would like to postpone for more discussion to analyze it a little deeper. Mr. Busta believes it is a great design but does not believe is harmonious with the neighborhood and if the groove design could be changed and adding more windows to design would help he would like to see item tabled. Mr. Zelkowitz would like item to be tabled and have applicant meet with the neighbors in attempt to reconcile some of their concerns. Motion: Table item till the next meeting. Moved by Steve Zelkowitz, John Busta. Motion passed. Vote 3-2 in favor of table. 6. PZ-8-13-201347: 490 NE 91 Street, (Owner) Robert Bourne. (Applicant) Same, (Agent) Rey Rubio; 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. Rey Rubio was present as agent on behalf owner. Mr. Rubio clarified with staff that there is single existing one car garage on property and not two as stated in staff’s report. Staff concurred and removed condition number three on staff recommendations and sentence in number six that reads “applicant to complete a covenant in the form “Declaration of Use”. Motion: Approve subject to staff recommendations as amended. Moved by Steve Zelkowitz, seconded by Sid Reese. Motion approved unanimously. 7. PZ-9-13-201348: 9377 NE 9th Place, (Owner) Richard Libutti & Valerie Halpern, (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. 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. Owners were present and asked staff if they could make the decision to add circular driveway and staff mentioned board would make final decision because of code requirements. Mr. Abramitis asked staff if recommendations include the 5 foot cut back separating garage from driveway. Staff mentioned recommendations are based on applicant’s proposal and proposal shows 5 foot cut back and circular driveway. Motion: Approve subject to staff recommendations. Moved by Robert Abramitis, seconded by Sid Reese. Motion approved unanimously. VI. DISCUSSION ITEMS a. Board to set date for next workshop on FAR, Green Space and Open Space. A discussion paper was provided with this packet. Miami Shores Village, Planning Board Meeting Agenda: September 19, 2013 7 VII. NEXT WORKSHOP – Tentative. a. FAR, Green Space and Open Space. VIII. NEXT REGULAR HEARING – October 10, 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.