Board Minutes PZ14-09-18MIAMI SHORES VILLAGE
PLANNING & ZONING BOARD MEETING MINUTES
Thursday, September 18, 2014
In Attendance:
David Dacquisto, Planning & Zoning Director
Barbara Estep, Village Clerk
Richard Sarafan, Village Attorney
I) ROLL CALL: Richard Fernandez, Robert Abramitis, John Busta, Sid Reese, Steve Zelkowitz
II) BOARD MEMBER DISCLOSURES
Individual Board Members disclosed properties they had visited and/or correspondence they had
received with respect to applicants appearing before the Board.
III) ACTION ITEMS: PUBLIC HEARING
1) None
IV) MINUTES
1) July 24, 2014.
Mr. Zelkowitz moved to approve the July 24, 2014 Minutes as presented. Mr. Busta seconded
the motion and the vote was unanimous in favor of the motion.
V) SCHEDULED ITEMS
1) 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.”
Mr. Sarafan swore in the witnesses present for the Board Meeting.
VI) TABLED ITEMS
1) None
II) NEW ITEMS
1) PZ-8-14-2014118: 1480 NE 103rd Street, (Owner) RE Inception Inc., (Applicant) Oliver
Alonso, (Agent) Robert Rossi; Pursuant to Articles IV, V and VI of Appendix A Zoning,
Sec. 400 Schedule of Regulations, Sec. 534 and Sec. 600. Site plan review and approval
required. Waterfront development. Dock.
Mr. Dacquisto provided information relating to the application, stating that staff
recommended approval of the application with certain conditions which he read into the
record. Mr. Zelkowitz moved to approve the application subject to the staff
recommendations. Mr. Reese seconded the motion and the vote was unanimous in favor
of the motion.
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2) PZ-8-14-2014119: 10642 NE 10th Place, (Owner) Dennis Hansen, (Applicant) Same,
(Agent) Susanne Bak Mortensen; 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.
Mr. Dacquisto offered background information to the Board regarding the application,
indicating that Staff was recommending approval of the application with certain
conditions. Mr. Abramitis, stating that he had visited the property, expressed his concern
that the property’s swale is almost completely paved. The property owner stated that he
would restore the swale. Mr. Busta subsequently moved to approve the application
subject to the Staff recommended conditions, with the additional condition to remove the
paved surface of the swale. Mr. Reese seconded the motion and the vote was
unanimous in favor of the motion.
3) PZ-8-14-2014120: 94 NE 100th Street, (Owner) Donald Saltzburg, (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 story addition.
Mr. Dacquisto provided information relating to the application, stating that staff
recommended approval of the application with certain conditions which he read into the
record. Mr. Zelkowitz moved to approve the application subject to the staff
recommendations. Mr. Reese seconded the motion and the vote was unanimous in favor
of the motion.
4) PZ-8-14-2014121: 9300 Biscayne Boulevard, (Owner) Gabriel Cosentino, (Applicant)
Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400
Schedule of Regulations, Sec. 518. (1) d., Sec. 518. (2), Sec. 518 (7) and Sec. 600. Site
plan review and approval required. Fence in front yard.
Mr. Dacquisto introduced the application, noting that the property is on Biscayne
Boulevard, oddly shaped and peculiarly situated. Mr. Dacquisto stated that the Code
does not take these anomalies into consideration and asked the Board to make a
determination regarding the property’s front yard in order to appropriately address the
request for a front yard fence. Mr. Dacquisto noted that he provided the Board with two
alternatives for approval and conditions for each alternative.
Mr. Cosentino, the property owner, spoke to the Board regarding the unusual property
and its six sides, stating that he has installed a wood, board-on-board fence along the
rear property line and side property lines. Mr. Dacquisto read the portion of the Code
which states the allowable fence materials. An extensive discussion ensued amongst Mr.
Cosentino and the Board Members with each Board Member expressing their preference
for the fence material due to the location fronting Biscayne Boulevard.
Subsequent to the discussions, Mr. Busta moved to approve the application subject to
Staff recommendation Alternate Condition 1 and the remaining conditions as stated. Mr.
Abramitis seconded the motion and the vote was unanimous in favor of the motion.
5) PZ-8-14-2014122: 11004 NW 2nd Avenue, (Owner) LSP Homes LLC (Applicant) Kenny
Paris, (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 floor
addition. Garage conversion.
Mr. Dacquisto offered background information to the Board regarding the application,
indicating that the applicant was proposing to remove the existing frame construction and
build the new addition according to the current building code. Mr. Dacquisto stated that
the property file could not be located and that the property has only a 5’ side setback as
opposed to the required 10’. In visiting neighboring properties, Mr. Dacquisto found that
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several other houses on the street had been permitted by Miami Shores and constructed
with the same setback. Mr. Dacquisto stated that none of these residences were in
compliance with setback requirements when built but they were issued permits and
constructed with the reduced setback. Mr. Dacquisto stated that Staff was
recommending approval of the application with certain conditions which he read into the
record. Mr. Zelkowitz moved to approve the application subject to the Staff
recommended conditions. Mr. Reese seconded the motion and the vote was unanimous
in favor of the motion.
6) PZ-8-14-2014123: 9725 NE 2nd Avenue, (Owner) Gator 9723 NE 2nd Avenue LLC,
(Applicant) Carlos Gonzalez, (Agent) None; Pursuant to Articles IV, V and VI of Appendix
A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f) (1) and Sec. 600. Site plan
review and approval required. Signs.
Mr. Dacquisto provided information relating to the application, stating that Staff
recommended approval of the application with certain conditions which he read into the
record. Mr. Zelkowitz moved to approve the application subject to the staff
recommendations. Mr. Reese seconded the motion and the vote was unanimous in favor
of the motion.
7) PZ-8-14-2014124: 66 NW 107th Street, (Owner) Cristina Martinez, (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 story addition.
Mr. Dacquisto offered background information to the Board regarding the application,
indicating that the proposed addition was compatible with the neighborhood and that Staff
was recommending approval of the application with certain conditions which he read into
the record. Mr. Busta subsequently moved to approve the application subject to the Staff
recommended conditions. Mr. Zelkowitz seconded the motion and the vote was
unanimous in favor of the motion.
8) PZ-8-14-2014125: 790 NE 95th Street, (Owner) Sue Edminston, (Applicant) Same,
(Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule
of Regulations, Sec. 523.1 (6) e and Sec. 600. Site plan review and approval required.
Metal roof.
Mr. Dacquisto provided details of the application, indicating that the proposed metal roof
color is suitable for the type of architecture and that the metal carries an R 32.3 rating
which is acceptable. Mr. Dacquisto stated that Staff is recommending approval of the
application with certain conditions which he read into the record. Mr. Zelkowitz moved
approval of the application subject to Staff recommended conditions. Mr. Reese
seconded the motion and the vote was unanimous in favor of the motion.
9) PZ-8-14-2014126: 9879 NE 13th Avenue, (Owner) Bruno Almeida, (Applicant) Same,
(Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule
of Regulations, Sec. 534 and Sec. 600. Site plan review and approval required. New
Second story.
Mr. Dacquisto offered background information to the Board regarding the application,
indicating that the proposed 1900 square foot addition represented substantial/significant
improvement to the property which is located in the VE11 flood zone. Mr. Dacquisto
indicated that the applicant has been advised as to the 50% rule and the ramifications of
substantial improvement. Mr. Dacquisto stated that Staff was recommending approval of
the application subject to conditions which he read into the record. Board Members
discussed the details of the proposed addition including the proposed window expanse
and the roof tiles which were proposed to be different between the existing structure and
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the addition. The applicant’s agent indicated that the plans for the roof tiles had changed
and that the roof would be consistent throughout the structure with barrel tile. Mr.
Zelkowitz subsequently moved to approve the application subject to the Staff conditions.
Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.
10) PZ-8-14-2014127: 580 NE 106th Street, (Owner) Java Holdings LLC, (Applicant) Same,
(Agent) Sibauste & Associates, Inc.; 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.
Mr. Dacquisto provided information relating to the application, stating that Staff
recommended approval of the application with certain conditions which he read into the
record. Following a discussion regarding the number and locations of doors leading to
the side yard, Mr. Abramitis made a motion which was subsequently amended, said
amendment being accepted by Mr. Abramitis. The final motion is as follows: Mr.
Abramitis moved approval of the application subject to Staff recommended conditions
and that the side door (out of the closet) shall be removed from the plans unless the door
is required by the Building Official. Mr. Fernandez seconded the motion and the vote was
unanimous in favor of the motion.
11) PZ-8-14-2014128: 333 NE 92nd Street, (Owner) John Longman, (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. First story
addition.
Mr. Dacquisto offered details relating to the application, indicating that the addition is
compatible to the residence and that Staff recommends approval of the application with
certain conditions which he read into the record. Mr. Zelkowitz moved to approve the
application subject to the Staff recommendations. Mr. Reese seconded the motion and
the vote was unanimous in favor of the motion.
III) DISCUSSION ITEMS
1) None
IV) NEXT WORKSHOP
The next Workshop is tentatively scheduled for Thursday, October 9th.
V) NEXT REGULAR HEARING – October 16, 2014.
VI) ADJOURNMENT
The September 19, 2014 Planning & Zoning Board Meeting was adjourned at 8:50 PM.
________________________
Richard Fernandez, Chair
______________________________
Barbara A. Estep, MMC
Village Clerk