P&Z Minutes 2-26-15_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
FEBRUARY 26, 2015
THURSDAY, 7:00 P.M.
In Attendance:
David Dacquisto, Planning & Zoning Director
Richard Sarafan, Village Attorney
Mariana Gracia, Recording Secretary
I) ROLL CALL John Busta, Sid Reese, Robert Abramitis, Chairman Richard Fernandez
(Present), Steve Zelkowitz (In at 7:38 PM)
II) BOARD MEMBER DISCLOSURES
Individual Board Members disclosed properties they had visited with respect to applicants
appearing before the Board.
III) ACTION ITEMS: PUBLIC HEARING
1) None
IV) MINUTES
1) January 22, 2014.
Mr. Busta moved to approve the minutes. Mr. Reese Seconded the Motion and the vote was
unanimously passed.
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.”
VI) TABLED ITEMS
1) PZ-12-14-2014155: 8965 NE 6th Avenue, (Owner) John Militana, (Applicant) Melys
Boisnote, (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. Reese made a Motion to Table to March 26, 2015. Mr. Abramitis seconded the motion and
the vote was unanimous in favor of the motion.
Miami Shores Village, Planning Board Meeting
Agenda: February 26, 2015
2
2) PZ-12-14-2014158: 285 NE 95TH Street, (Owner) Santiago Martinez, (Applicant) Same,
(Agent) Louis Kallinosis; 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. Abramitis made a Motion to Table to March 26, 2015. Mr. Reese seconded the motion
and the vote was unanimous in favor of the motion.
VII) NEW ITEMS
1) PZ-01-15-2015159: 149 NE 105th Street, (Owner) Zurddo Corp, (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 which includes a first story
addition. Staff recommends approval with 9 conditions. Mr. Fernandez specified that due to
the fact that there are 12 new items in the Agenda, Mr. Dacquisto will not be reading each
condition on the Staff Reports for each item before us, if there are no objections from the
Board. These Staff Reports are available online and have been provided to each of the
Applicants beforehand. Mr. Ruben Jimenez of 200 Oakwood Lane, Hollywood Florida. The
Architect gave a brief presentation of the addition to the house. There were no questions
from the Board. Motion to approve subject to Staff recommendations by, Mr. Abramitis.
Seconded by Mr. Busta and the vote was unanimous in favor of the motion (Mr. Zelkowitz
was not present for the vote)
2) PZ-01-15-2015160: 214 NE 98th Street, (Owner) Gator 9723 NE 2nd Avenue LLC,
(Applicant) Gonzalo Silvera, (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 informed the Board that the actual building address is 9723 NE 2nd Avenue.
Mr. Dacquisto provided information relating to the application which includes signage in the
front window. The Staff recommends approval with the attached conditions. No questions
from Applicant. Gonzalo Silveira provided information regarding the computers business he
is opening. No questions from the Board. Motion to approve subject to Staff
recommendations by, Mr. Abramitis. Seconded by Mr. Busta and the vote was unanimous in
favor of the motion. (Mr. Zelkowitz was not present for the vote)
3) PZ-01-15-2015161: 1350 NE 101st Street, (Owner) Dirk & Elizabeth Peterson, (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. Metal
roof.
Mr. Dacquisto provided information relating to the application which includes a new metal roof
with reflectivity of R28. Mr. Dacquisto provided a sample of the metal roof for the Board to
see. The Applicant Elizabeth Peterson provided another sample of the metal roof. The
house in question is a 50th ranch. Staff recommends approval with the attached conditions.
No questions from the Applicant. No questions from the Board. Motion to approve subject to
Staff recommendations by, Mr. Busta. Seconded by Mr. Reese and the vote was unanimous
in favor of the motion. (Mr. Zelkowitz was not present for the vote)
Miami Shores Village, Planning Board Meeting
Agenda: February 26, 2015
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4) PZ-01-15-2015162: 1201 NE 101ST Street, (Owner) Michael Nunziata, (Applicant) Same,
(Agent) Gustavo Spokoiny; 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 which includes Master
bedroom suite addition in the front of the residence in the southwest corner. Mr.
Dacquisto explained that the residence is subject to a flood zone and also a building
code. There is an issue with construction in a floodplain that may require any addition to
be raised. This means plans approved by the board for architecture and zoning may not
be able to secure a building permit due to building code issues. Mr. Dacquisto provided
more information regarding the approval by this Board. Subject to approval by the
Building Department. The Board asked questions. Based on zoning review Staff
recommends approval with 14 conditions. Applicant Gustavo Spokoiny was present.
The owner Michael Nunziata was present. The Applicant had no questions, and gave a
brief presentation of their plans. The Board asked questions. Motion to approve subject
to Staff recommendations by, Mr. Busta. Seconded by Mr. Reese and the vote was
unanimous in favor of the Motion. (Mr. Zelkowitz was not present for the vote). The
conditions of approval have been modified based on information that the residence was
not located in a flood plain, drainage must still be retained on site as identified on the
development order.
5) PZ-01-15-2015163: 225 NE 105th Street, (Owner) Kenneth Wilkinson (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 which includes 150 sq. ft.
master bedroom and a pool. Staff is recommending approval with 9 conditions. The
Board asked questions. Mr. Abramitis discussed the fact that there is a variance request
in the letter submitted by the Applicant. Mr. Dacquisto testified that staff is looking at it as
a Site Plan Review as opposed to a Variance. Mr. Dacquisto addressed the Board
regarding the parking proposed. The Board asked questions. Mr. Sarafan asked
questions to clarify the parking proposed. The Board asked questions. The Applicant
Kenneth Wilkinson and the Architect Davis Terran testified about the proposed plans.
The Board asked more questions. Mr. Dacquisto clarified that the house was built under
a code that required a 25 ft. front yard setback however the plans were accepted by the
village and a house was built and finalized with a 20 ft. front yard setback. The Board
asked questions. Chairman Fernandez expressed a concern about the variance
requested. Mr. Abramitis stated that the driveway as presented on the plan did not meet
setbacks however applicant was removing a noncompliant driveway and the new
driveway was reducing the element of nonconformity on the overall site. The Architect
addressed the Board regarding the driveway setbacks. The Board discussed the plans
as presented regarding the non-conforming driveway. Motion to approve the site plan
subject to Staff recommendations by, Mr. Abramitis. Seconded by Mr. Busta and the vote
was unanimous in favor of the Motion. (Mr. Zelkowitz arrived at 7:38PM and was in the
vote)
6) PZ-01-15-2015164: 41 NW 105th Street, (Owner) Corrie Rice; (Applicant) Same, (Agent)
Mario Averhoff; 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 which includes a second
addition of a 329 sf Media Room at the rear of the residence. Note that the A/C unit
proposed is within the required setbacks it is not permitted and the location will have to
be changed so that the new A/C meets setback requirements. Staff is recommending
approval with the 7 conditions one of which is that the A/C shall not be located within the
Miami Shores Village, Planning Board Meeting
Agenda: February 26, 2015
4
required 10’ setback. Mario Averhoff was present and did not wish to make any
questions. Mr. Averhoff briefly presented his application to the Board. No questions from
the Board. Motion to approve subject to Staff recommendation by, Mr. Zelkowitz.
Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.
7) PZ-01-15-2015165: 88 NW 111th Street, (Owner) Trifecta Capital LLC, (Applicant) Same,
(Agent) Daniel Gitlin; 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 for a new addition and
Pergola. Mr. Daniel Gitlin was present and proceeded to present his case. He explained
that the plans that were submitted had a white tile roof. He wanted to change it to Red
Barrel tile. Staff had no objection to the change. Mr. Abramitis asked the Applicant for
the shade of red the color of the roof. Public comment by Ms. Alina Cause lives next
door and would like to take a look at the plans. The Board asked questions. Mr. Sarafan
clarified that the Motion to approve the white tile roof. The Board asked questions. Mr.
Dacquisto clarified that the color of the roof was not an issue to be dealt by this Board.
The Board gave information regarding the procedure for approval of different color and
material roof. The Board made more comments regarding the procedure to be followed
for roof change and colors of the roof. Motion to approve subject to Staff
recommendation and that the roof approved be the white tile. Also, with condition that if
the applicant changes the roof to the red tile that it would have to come back to the Board
for approval. Seconded by Mr. Abramitis and the vote was unanimous in favor of the
Motion.
8) PZ-01-15-2015166: 1248 NE 98th Street, (Owner) John and Marie Perikles; (Applicant)
Same, (Agent) Victor Bruce; 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. Garage and car port conversion.
Mr. Dacquisto provided information relating to the application for a garage conversion and a
carport. The addition of a new roof with barrel tile. Victor Bruce clarified that the address to
the site is 9730 NE 5th Avenue Road, therefore not in a flood zone. Mr. Dacquisto agreed.
Staff recommends approval with deleting conditions 3, 4, 5, 6, 8. No questions from the
Board. Mr. Zelkowitz Motion to approve subject to Staff recommendation with the deletion of
the conditions as stated by, Mr. Dacquisto. Seconded by Mr. Reese and the vote was
unanimous in favor of the Motion.
9) PZ-01-15-2015167: 358 NE 101st Street, (Owner) Scott Smith & Patrice Gillespie-Smith;
(Applicant) Same, (Agent) Victor Bruce; 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. First story addition.
Mr. Dacquisto provided information relating to the application for a first story addition and
Pergola. A future pool is planned for the yard. Staff is recommending approval with 7
conditions. Victor Bruce of 370 NE 101 Street, Miami Shores. No questions from the Board.
Motion to approve subject to Staff recommendation by Mr. Zelkowitz. Seconded by Mr.
Reese and the vote was unanimous in favor of the Motion.
10) PZ-01-15-2015168 – Deleted File Number / PZ-02-15-2015172 - New File Number:
1214 NE 92nd Street, (Owner) Steven & Virginia Weber; (Applicant) Same, (Agent) Victor
Bruce; 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. First story
addition.
Miami Shores Village, Planning Board Meeting
Agenda: February 26, 2015
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Mr. Dacquisto provided information relating to the application for a first story addition and a
cabana bath for the pool. Property is located within a flood zone. Staff is recommending
approval with 12 conditions. Motion to approve subject to Staff recommendations by, Mr.
Abramitis. Seconded by Mr. Zelkowitz and the vote was unanimous in favor of the Motion.
11) PZ-01-15-2015169: 9915 NE 4th Avenue Road, (Owner) Esteban Giugovaz & Francesca
Rinonapoli Trust; (Applicant) Same, (Agent) Victor Bruce; 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. First story addition. Partial Garage conversion and
conversion of carport.
Mr. Dacquisto provided information relating to the application for a partial garage
conversion and conversion of carport. Staff recommends approval with 9 conditions. No
questions from the Board. Victor Bruce was present and did not wish to ask any
questions. Motion to approve subject to Staff recommendations by, Mr. Busta. Seconded
by Mr. Zelkowitz and the vote was unanimous in favor of the Motion.
12) PZ-01-15-2015170: 270 Grand Concourse, (Owner) Erhan Kostepen; (Applicant) Same,
(Agent) Yoel Ortiz; 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.
First story addition and façade improvements.
Mr. Dacquisto provided information relating to the application for a first story addition and
façade improvements. Staff is recommending approval with 7 conditions. The Board asked
questions. Yoel Ortiz from JD Engineering and Construction of 20352 SW 134 Street, Miami,
FL was present and did not wish to ask any questions. Public comment from Ron Pierson
neighbor supported the plans. Motion to approve subject to Staff recommendation by, Mr.
Zelkowitz. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.
VIII) DISCUSSION ITEMS
1) Mr. Dacquisto informed the Board that Staff will be preparing reports for the next
Planning meeting. Staff will be bringing forward information on the fence height and the
fence issue that was discussed by the Planning and Zoning Board and will have the
amendment as this Board has requested for review.
2) Staff will have draft language to discuss to take action on regarding the frontage and the
minimum plat area requirements. We also discussed the zoning of the annexed area but
did not come to any conclusions on that at that time. One of the things we did do is Staff
offered to take individual Board members on a tour, one at a time. Mr. Busta is already
set up a time to go at 9:00 AM tomorrow. Mr. Reese will go at 10:00 AM. The Code
Enforcement Official and Mr. Dacquisto will take them on a tour of the annexed area.
Basically see what’s out there, how we’ve transitioned since taken it over. It helps as we
formulate ideas and amendments to deal with the issues in that area. Mr. Dacquisto also
mentioned that at the Workshop we had that area at the City now for six years now since
it was actually finally approved by the County. Mr. Dacquisto said that we are now at the
point that we should apply Miami Shores zoning because right now it has Miami-Dade
zoning. Mr. Fenrnandez requested we have another Workshop on all issues, the board
agreed. The Board approved having another Workshop. Mr. Dacquisto will have the
Clerk call around and set up a date for the next Workshop.
3) Mr. Sarafan mentioned that the K-Mart shopping center was recently annexed. Car
wash, Bank, K-Mart. There won’t be a referendum regarding this.
IX) NEXT WORKSHOP – TBD
1) Village Council Request: Planning Board to review the current zoning for the annexed
area and to consider comprehensive plan, zoning code and zoning map amendments for
the area.
Miami Shores Village, Planning Board Meeting
Agenda: February 26, 2015
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2) Village Council Request: Planning Board to review the current zoning code provisions for
fences and consider amending the code; to permit 6 ft. fences in the side and rear yards;
to allow board on board wood fences and other options on corner plots, to allow gate and
post ornamentation in excess of the height limit; to allow additional building materials
including solid boards of pvc and plastic-composite and metal plate.
3) Board Initiative: Increase minimum frontage requirement and/or increase minimum plot
square footage requirement for newly subdivided plots.
X) NEXT REGULAR HEARING – March 26, 2015.
XI) 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.