P&Z Minutes 10-8-15 _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
OCTOBER 8, 2015
THURSDAY, 7:00 P.M.
In attendance:
Mr. David Dacquisto, Director
Jesus Suarez, Deputy Attorney
Mariana Gracia, Clerk
I) ROLL CALL
Present: Mr. Sid Reese, Mr. Robert Abramitis, Mr. John Busta, Mr. Mac Glinn, Mr.
Richard Fernandez.
BOARD MEMBER DISCLOSURES Individual Board Members disclosed properties they
had visited with respect to applicants appearing before the Board.
II) ACTION ITEMS: PUBLIC HEARING
1) Provide an interpretation of the zoning code regarding the approved location of
decks and applicable setbacks. Discuss amending the code as necessary and or
set workshop date.
The board’s current position is that a deck attached to the house has the same
setbacks as the house, 15 ft. from the rear plot line and generally 10 ft. side plot
line.
The board’s current position is that a deck that is detached from the house must
be located 15 ft. from the house and has the same setbacks as an accessory
structure, 5 ft. from the rear property line and generally 10 from the side plot line.
Public hearing is open. No public comment. Public hearing is now closed. Mr.
Dacquisto brings up the issue that we are making the code as best but there is
no specific language in the code dealing with decks. The setbacks based on the
house and accessory structure setbacks. Mr. Glinn says that we have done the
best with the guidance from the code. He suggests having a workshop for the
decks. Mr. Busta is in agreement with Mr. Glinn regarding further discussion with
more details. Mr. Fernandez directs Mr. Dacquisto to set up a workshop to
discuss the decks and the Florida Friendly landscaping item and Barry
University. Let’s try to do all three of these on the same night. End of
discussion.
Miami Shores Village, Planning Board Meeting
Minutes: October 8, 2015
2
III) MINUTES
1) None
IV) SWEARING IN OF WITNESSES
1) SWEARING IN OF WITNESSES BY DEPUTY 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.”
V) TABLED ITEMS TO A TIME CERTAIN
1) None
VI) NEW ITEMS:
1) PZ-09-15-2015217: 9017 Biscayne Boulevard, (Owner) Shore Square
Investments, (Applicant) Reinaldo Hernandez, (Agent) Joseph Ware; Pursuant to
Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations,
Sec. 504. (g) (2) and Sec. 600 Site plan review and approval required. Change of
use; retail to studio arts. Signs.
Mr. Dacquisto provided information relating to the application which includes a
change of use and Signs. The shopping center does have the additional 10
parking spaces required. The Applicant is proposing a wall sign and read in the
details of the signs. Staff recommends approval of the change of use and the
sign with the conditions as attached. The Board asked questions and made
comments. Mr. Reynaldo Hernandez was present and wished to present. Mr.
Hernandez testified that the signage on the window will go. They are a national
franchise called Orange Theory. They are a health fitness studio that specializes
in group training with maximum of 26 people capacity. He gave more details
about how many studios are open statewide. Mr. Abramitis made Motion to
approve the change of use and the signs subject to staff recommendations. Mr.
Reese seconded the motion and the vote was unanimous in favor of the motion.
2) PZ-09-15-2015218: 94 NE 93rd Street, (Owner) Charles Walter and Maria Paula
Garcia, (Applicant) Same, (Agent) Randall Moreland; 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. One story addition.
Mr. Dacquisto provided information relating to the application which includes a
900 square foot addition with conditions which he read into the record. Staff is
recommending approval subject to the conditions that are attached. Mr. Randall
Moreland, of Moreland Architecture in Miami was present and wished to address
the Board. Mr. Moreland says that the addition is meant to be integral with the
rest of the house, same look and feel. Mr. Busta made Motion to approve
subject to Staff recommendations. Mr. Reese seconded the motion and the vote
was unanimous in favor of the motion.
Miami Shores Village, Planning Board Meeting
Minutes: October 8, 2015
3
3) PZ-09-15-2015219: 10628 NW 2nd Avenue, (Owner) Sandra Cotton, (Applicant)
Same, (Agent) Randall Moreland; 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. New residence. Metal roof.
Mr. Dacquisto provided information relating to the application which includes a
brand new residence and Metal roof with conditions with he read into the record.
Mr. Dacquisto said that what he had was a combination of peak and flat roof.
Staff is recommending approval with the conditions as attached. Mr. Randall
Moreland, from Moreland Architecture in Miami was present and wished to
present. Mr. Moreland said that the house is to be energy efficient. The owner
would like to upgrade her home. She is looking for more room and something
that fits into the neighborhood but is also energy efficient. Abramitis asked for
clarification from the letter of intent regarding landscaping as Florida friendly
landscape. Mr. Abramitis asked if the Applicant had submitted a landscape plan.
Mr. Moreland proceeded to show on the board he brought in to show his plans
where the landscape will be. The other question from Mr. Abramitis is energy
efficient does not have to be done with this style of architect. Is this something
that can be accomplished with other style of architect? Mr. Moreland responds
that it can be incorporated. The low tech means low hanging blocking direct sun
light. You get indirect sun light through the windows but you don’t get the heat
gain from direct sun light. That is what those extended overhangs are for. Mr.
Moreland gave more details into his design and how it uses the sun light. Mr.
Abramitis asked, what’s the point of this projecting piece on the roof? Mr.
Moreland explains that part is north facing and is to get all of the indirect light and
gives more details to the Board. The Applicant still has to work through the
Village landscape code. It may have to be ultimately be changed to follow the
code. The Board asked questions about Florida friendly landscaping. Mr.
Moreland answers that Florida friendly is more restrictive than our code and
gives some examples of the nature of the landscaping. Mr. Dacquisto says that
the comments we get is that it’s less restrictive than our code that is one of the
reasons it is in our agenda. Mr. Moreland says that he uses Florida friendly for
his own yard maybe a little bit beyond they went all native. That allowed them to
not even install an irrigation system. It is very low maintenance. Mr. Abramitis
asked what do you intend to use for ground cover. Mr. Moreland responds that
there is a perennial peanut he is planning on using. The Board asked questions.
Mr. Dacquisto says that if they use all one type of covering that would work for
our code. Mr. Busta comments and praises the design. Mr. Glinn thinks that the
overhang idea is a great one, good job. Mr. Busta made a Motion to approve
subject to Staff recommendations. Mr. Reese seconded the Motion. Board
member discussion happened at this time. Motion re-stated by Mr. Busta,
seconded by Mr. Reese and the Motion was approved 4 to 1 with Mr. Abramitis
voting against it.
4) PZ-09-15-2015220: 9509 N Miami Avenue, (Owner) Enrique Cadenas & Lizeth
Zepeda, (Applicant) Same, (Agent) Fernando Zabala; 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. One story addition and attached pergola.
Mr. Dacquisto provided information relating to the application which includes a
one story addition with attached pergola on the north side of the residence. The
pergola is attached to the residence and is accessible from the residence. The
Miami Shores Village, Planning Board Meeting
Minutes: October 8, 2015
4
pergola basically serves as a carport. The Applicant has been advised the
pergola is open there is no roof except for the beams. Mr. Dacquisto
emphasizes that the pergola cannot have a wall or a roof. It cannot be closed
without further approval by this Board. Mr. Dacquisto read into the record some
of the requirements. Staff is recommending approval with 12 conditions
attached. Mr. Fernando Zabala architect of 1020 8th Avenue, Naples, FL
proceeded to present the plans he brought in to show the Board. The new
addition blends in with the existing homes he attests. Mr. Zabala says that the
garage will be closed in and converted. There is also a proposal of a fence in
front of the house. The Board asked questions. Mr. Dacquisto had one more
comment; he points to the very last page of their package and says that is no
more than 3 ½ feet correct. Mr. Zabala says it is not. Motion made by Mr. Glinn
to approve subject to Staff recommendations. Seconded by Mr. Reese and the
vote were unanimous in favor of the Motion.
5) PZ-09-15-2015221: 10565 NE 2 Court, (Owner) Samuel Comerford, (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. One story addition, Garage conversion.
Mr. Dacquisto provided information relating to the application which includes a
one story addition and a garage conversion. Mr. Dacquisto read into the record
the proposal and conditions attached. The addition will contain a cabana bath
that is only accessible through the rear yard. Also proposed is an outdoor
cooking area. The addition will have a clay barrel tile roof to match the existing
roof. The Applicant is proposing to convert the garage into a new kitchen. Mr.
Dacquisto gives more details about the front addition. Staff is recommending
approval with the conditions attached. Mr. Mark Campbell, architect of 373 NE
92 Street, Miami Shores, FL proceeded to present the plans he had in front of the
Board members. He said they are doing a large extension to the rear of the
property. With setbacks for a future pool that they plan on doing which is not part
of this application. They are upgrading the septic system. The Board asked
questions. Mr. Campbell answer that there is a swale but it is not paved. Also
there is no sidewalk in this area. Motion made by Mr. Abramitis to approve
subject to Staff recommendations. Seconded by Mr. Glinn and the vote were
unanimous in favor of the Motion.
6) PZ-09-15-2015222: 9301 Bayshore Drive, (Owner) Guy Kurlandski, (Applicant)
Same, (Agent) Evelyn Barrozzi; Pursuant to Articles IV, V and VI of Appendix A
Zoning, Sec. 400 and Sec. 600. Site plan review and approval required. Second-
story addition and new attached garage.
Mr. Dacquisto provided information relating to the application which includes a
second story addition and a new attached garage. The Applicants have been
before this Board previously as a one story remodel. The house is in a velocity
zone VE11 the Applicant has to be very aware of the limits of construction based
on their location and also the limitation on the amount of money that can be
spent in a given year. For improvements cannot be more than 50% at the point
you hit 50% of the value of the house in new construction you could basically tear
house down. Mr. Dacquisto read into the record the proposed plans. The value
of the house is approximately $310,000.00 according to the county assessor and
the project may not exceed $155,000.00. The Applicant does have the option of
Miami Shores Village, Planning Board Meeting
Minutes: October 8, 2015
5
providing a new appraisal that is subject to the approval of the Building Official.
Staff is recommending approval with the conditions that are attached. Ms.
Evelyn Barrozzi of 17100 Collins Avenue, Sunny Isles Beach, FL was present.
Mr. Abramitis asked Mr. Dacquisto about his recommendation #5 that the
Applicant will have to come back for approval of this Board. My question is if we
were to approve this plans the way it’s been recommended is it possible we can
all find ourselves in a situation where they completed the construction and then
had to come back after that was done to request the drainage modifications that
may or may not be granted or is this being done in such a way as we know that
the drainage that they need is there before construction starts. Mr. Dacquisto
responds that they would have to provide the Building Official with a drainage
plan saying that they are going to retain the water on site. That plan may fail. So
you are always subject to come back before this board. Unless there is minor
modifications that can be done by the Building Official or me to protect your
neighbors that is our concern. The Board asked more questions regarding the
drainage plan. Mr. Dacquisto answers that they have to have one that the
Engineer signing thinks will works. Further the Engineer certification is the
guarantee that it will work and that is what we have to rely on. Ms. Barrozzi
proceeds to present her plans to convert the existing garage into a family room
and give more details on her plans. She points out that their new appraisal came
out to be $807,000.00. Mr. Dacquisto says that it is up to the Building Official to
approve the appraisal. Regarding the drainage plan they have submitted a plan
for the Board to look at. There is some interior renovation to be done. Existing
bedroom #1 will be converted into a den. Existing bathroom will be converted
into a powder room. She gave more details as to what interior renovations will be
done. They are also proposing a wood deck within the setbacks. They are
proposing a summer outdoor kitchen and a pergola. They are relocating an
existing tree towards the front of the house. The Board asked questions. Mr.
Glinn made a Motion to approve subject to Staff recommendations. Seconded
by Mr. Reese and the vote were unanimous in favor of the Motion.
VII) DISCUSSION
1) None
VIII) NEXT WORKSHOP – TBA
1) Set workshop date to discuss Florida Friendly Landscaping.
Mr. Fernandez discussed the issue of Florida Friendly Landscaping per
Council’s request. He requested of Mr. Dacquisto to provide the materials
needed to discuss in more detail. Mr. Abramitis recalls we had various experts
come in and give their advice and the conclusion was reached that we could be
Florida Friendly under our existing code. Mr. Fernandez talks about the
allocation of time to each of the items in front of the Board. He would like to
schedule Barry’s Master plan first. Mr. Dacquisto says that Barry needs to have
its own separate time. Mr. Fernandez talks about the re-appointments and
scheduling issues with that. He suggests leaving this until November to allow the
new appointees to have a chance to look at the issues at hand. The Board
comments on the issue of discussing these items with changes in the Board
coming in soon. Mr. Fernandez suggests holding off scheduling the meeting until
after the appointments. The Board reaches a consensus on scheduling the
Miami Shores Village, Planning Board Meeting
Minutes: October 8, 2015
6
meeting for later. Mr. Fernandez requests that Mr. Dacquisto inform Barry
University of this decision.
2) Set workshop date to discuss Barry University Campus Master Plan.
IX) NEXT REGULAR HEARING – November 12, 2015. The second Thursday of
November.
X) 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.