MINUTES_PZ17-05-25
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
MAY 25, 2017
THURSDAY, 7:00 P.M.
In attendance:
David Dacquisto, Planning and Zoning Director
Richard Sarafan, Village Attorney
Mariana Gracia, Clerk
I) CALL TO ORDER
1) Roll Call
Present: Mr. John Busta, Mr. David Snow, Ms. Irene Hegedus, Chairman Carlos
Diaz.
Absent: Chairman Richard Fernandez
II) BOARD MEMBER DISCLOSURES
No Board Members Disclosures today.
III) SWEARING IN OF WITNESSES
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.”
IV) ACTION ITEMS: PUBLIC HEARINGS
1) Staff request: Planning board to hold hearing to amend the code deleting planning
and building review of swale projects and provide for review by the public works
department, Chapter 20 and Appendix A Zoning Sec. 521.
Mr. Dacquisto went over his proposal to change our Code language and that the
public works department to be authorized to work on the swale. Mr. Sarafan
asked if the amendment as being proposed will delete the standards. Mr.
Dacquisto answers the question. Mr. Sarafan asked that Mr. Dacquisto change
some language in Paragraph 9 of the amendment. Discussion by the Board took
place about the covenant being proposed. The Board asked questions of Mr.
Miami Shores Village, Planning Board Meeting
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Dacquisto about the proposed changes. Mr. Dacquisto answers that the public
works department has to have the authority to act on the swales. It is not
appropriate to have this kind of language in the zoning code. The Board asked for
Public works to have an input. Chairman Diaz asked to have some standards in
place. There was discussion about what public works does when they go into a
site. Mr. Dacquisto said that this amendment gives them the ability to use their
judgement. The Board asked if public works is available for questions. The
Board agrees with Mr. Dacquisto’s recommendations. Mr. Sarafan clarifies that
Staff is looking for a vote to recommend to Village Council to make this change
in the Code. Does public works go before or after zoning? Mr. Dacquisto gave a
brief analogy of how things go when an application comes in. It always comes
down to the Building permits and the Public Works approval. The Board asked
questions.
Public Hearing is now open.
No public present for this item.
Public Hearing closed.
Motion to table this item to the next workshop and have the Public Works
Director present on June 14, 2017. Seconded by Mr. Snow and the vote was
unanimous in favor of the Motion.
V) MINUTES
1) April 27, 2017
Motion to approve Minutes of April 27, 2017 as amended by Mr. Busta.
Seconded by Mr. Snow and the Motion passed 4-0.
VI) TABLED ITEMS
1) PZ-2-17-20175: 1155 NE 104th Street, (Owner) Luis and Maria Guerra,
(Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix
A Zoning, Sec. 702 Hardship variance. Sec. 400 Schedule of Regulations; Side
yard setback and rear yard setback: Division 15. Waterfront Lands, Sec. 534.
Development. (1) and (4); Sec. 600.
Item Tabled until July 27, 2017 Hearing per Village Staff.
VII) NEW ITEMS
1) PZ-4-17-201715: 346 NE 93rd Street, (Owner) Yoko Takarada, (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.
Motion to approve subject to Staff recommendations by Mr. Snow. Seconded by
Ms. Hegedus and the Motion passed 4-0.
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2) PZ-4-17-201716: 1276 NE 93rd Street, (Owner) Seymour and Jill Kantor,
(Applicant) Same, (Agent) Victor Bruce; 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. New residence. Metal roof.
Public Comment:
Mr. RV Land of 1268 NE 98 Street. He stated that he is the neighbor on the West
side of the Applicant’s property. Mr. Land expressed concern about the land
getting saturated with water. Most of the houses there are on pilings. He is
wondering if the Applicant is going to put pilings in.
Chairman Diaz said that this is not part of the P&Z approval process. Mr.
Dacquisto points out that the Architect is better suited to answer his question.
Mr. Land said that it’s about putting pilings in for stability. Are they going to
increase the altitude by adding dirt to make it higher? He expressed concern
about the propane tank and it being an object that will be flying around if a
hurricane came. This area is prone to flooding even without a hurricane.
Mr. Bruce addressed the issue of the piling. Mr. Land asked to see the plans.
Mr. Bruce explains the grading of the project. Regarding the gas tank it will be
strapped safely.
Motion to approve subject to Staff recommendations adding the condition that the
A/C units be screened with a gate if possible for serviceability and also that
landscape be added to the East and the West side of the property to try to diminish
the impact of those blank walls on the adjacent property owners made by Ms.
Hegedus. Seconded by Mr. Snow and the Motion passed 4-0.
3) PZ-4-17-201717: 10555 NE 6th Avenue, (Owner) Vivian Medina, (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.
Motion to approve subject to Staff recommendations by Ms. Hegedus. Seconded
by Mr. Busta and the Motion passed 4-0.
4) PZ-4-17-201718: 10555 NE 2nd Court, (Owner) Jorge L Rios, (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.
One story addition.
Motion to approve subject to Staff recommendations by Mr. Snow. Seconded by
Mr. Busta and the Motion passed 4-0.
5) PZ-4-17-201719: 1053 NE 94th Street, (Owner) 1053 NE 94th Street, (Applicant)
Same, (Agent) Max Sturman; Pursuant to Articles IV, V and VI of Appendix A
Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Garage conversion.
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Motion to approve subject to Staff recommendations by Mr. Busta. Seconded by
Mr. Snow and the Motion passed 4-0.
6) PZ-4-17-201720: 861 NE 91st Terrace, (Owner) Hugo Olle and Maria Del Mar
Lopez, (Applicant) Same, (Agent) R-Method Inc.; Pursuant to Articles IV, V and
VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. New
Residence.
Motion to approve subject to Staff recommendations with the additional condition
to enclose the crawling space from the edge of the structure and to reconsider the
placement of the relocated trees made by Ms. Hegedus. Seconded by Mr. Diaz
and the Motion passed 4-0.
7) PZ-4-17-201721: 940 NE 95th Street, (Owner) Kirk Wagar and Crystal Connor
Wagar, (Applicant) Same, (Agent) Maricarmen Martinez; Pursuant to Articles IV,
V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600.
Two-story addition.
Motion to approve subject to Staff recommendations made by Ms. Hegedus.
Seconded by Mr. Busta and the Motion passed 4-0.
8) PZ-4-17-201722: 420 NE 91st Street, (Owner) Property Hounds LLC, (Applicant)
Same, (Agent) Stephen Brandt; 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.
Public comment:
Mr. Brian Finnie. 9025 NE 91 Avenue. Neighbor to the West side corner lot. He
asked to see the plans for the application. Asked about the one story addition, he
wants clarification as to whether it is a second story addition. Mr. Dacquisto
responded no it is not a second story addition. Mr. Finnie asked for the conditions
by Staff so that he could read them. The Memo was given to him. Mr. Sarafan
noticed that the Application did not have a Survey submitted. Mr. Finnie is
concerned about privacy. He would like an opportunity to discuss the plans with
the Applicant. If the privacy issue is resolved tonight with a fence he would not
be upset. The condition of the existing fence is discussed by the Applicant and
the Board.
Motion to approve subject to Staff recommendations by Mr. Snow with a
condition that a 6’ high privacy fence be done on the Southwest corner up to the
end of the garage and a condition added by Mr. Busta to remove the door on the
east side of the cabana bath Motion amended by Mr. Snow to include Mr. Busta’s
condition. Seconded by Mr. Busta and the Motion passed 4-0.
9) PZ-4-17-201723: 9727 NE 2nd Ave, (Owner) Gator 9723 NE 2nd Ave LLC,
(Applicant) Todd Singer, DCPA, (Agent) None; Pursuant to Articles IV, V and
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VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f). Site
plan review and approval required. Signs.
Motion to approve subject to Staff recommendation by Mr. Snow. Seconded by
Mr. Busta and the Motion passed 4-0.
VIII) DISCUSSION
The Board discussed PZ-4-17-201722 - 420 NE 91 Street regarding what Mr. Busta
brought up about the access door by the cabana.
1) Schedule one workshop per month in addition to regular meeting.
Mr. Dacquisto would like to have a Workshop the second Thursday of the month
for the next four of five months. The Board agrees to have a Workshop the
second Thursday of the month. No meeting in August. Start back up in
September.
2) Future amendments.
The Board will talk about this item at our next meeting in June 22, 2017.
3) Comprehensive Plan Update
Will be discussed at a future Workshop in July. Mr. Dacquisto will put it up in
the web as a link.
4) Planning board procedures and requirements.
Will be discussed at the Workshop in June.
Mr. Sarafan said that as the Board knows this is a public meeting. All of the
discussions about the meeting have to be done in public with a record taken.
There should not be any whispering in discussion. If the Board wants to discuss
anything get recognized by the Chair and discuss it out loud with a record taken.
If there is whispering is could be misperceived as out of the Sunshine. Don’t give
the appearance that we are having private discussion. Mr. Sarafan said that every
Board does that. It is something that you want to discuss among each other. Get
recognized by the Chair and discuss it in public. Another issue is that from time
to time you might be tempted to get on your cell phones and look up aerial
pictures of the property and that is technically consulting evidence that is not
before you in the record. It is little different than a site plan however, we disclose
those. If you do this even before the meeting that is something you want to
disclose. The Board discussed this issue at this time. Discretion is a part of
balance. Mr. Sarafan went over what is permissible and what needs to be
disclosed when doing research online.
IX) NEXT WORKSHOP –TBA.
a) TBD.
X) NEXT REGULAR BOARD HEARING –June 22, 2017.
XI) ADJOURNMENT
Miami Shores Village, Planning Board Meeting
Minutes: May 25, 2017
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a) Adjourn.
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.