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MINUTES_PZ2018-03-22`SORES MIAMI SHORES VILLAGE yea DEPARTMENT OF PLANNING & ZONING Ft "c±Riv� 10050 NE 2nd Avenue Miami Shores, FL 33037 -2304 www.miamishoresvillage.com Main Number: 305 - 795 -2207 Fax Number: 305 - 756 -8972 Travis Kendall, Director MIAMI SHORES VILLAGE PLANNING BOARD MEETING Village Hall Council Chambers 10050 NE 2 "1 Avenue, Miami Shores March 22, 2018 THURSDAY, 6:30 P.M. I) CALL TO ORDER In attendance: Richard Sarafan, Village Attorney Travis Kendall, Planning and Zoning Director Mariana Gracia, Clerk II) CALL TO ORDER 1) Roll Call Present: Mr. Harrison Bergman, Mr. Daniel Brady, Mr. David Snow, Ms. Irene Hegedus, Chairman John Busta. III) BOARD MEMBER DISCLOSURES: Mr. Brady disclosed that he visited: 1420 NE 101 Street, 9839 NE 13 Avenue, and 1205 NE 95 Street. Mr. Bergman disclosed that he visited: 299 NE 99 Street. Mr. Busta disclosed that he had visited: 299 NE 99 Street, 1420 NE 101 Street, and 354 NE 91 Street. IV) 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." I) MINUTES 1) February 22, 2018 Motion to approve by Mr. Brady, seconded by Mr. Busta and the Motion was approved unanimously. II) TABLED ITEMS 1) None III) NEW ITEMS 1) PZ- 3- 22 -18 -11 299 NE 99th Street, Trevor and Krystle Hague (Owner), have filed an application for site plan review before the Planning Board on the above property. The applicants seek approval: 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, for an addition, and exterior renovation. Motion to approve subject to Staff's recommendations by Mr. Brady, seconded by Ms. Hegedus and the Motion was approved unanimously. 2) PZ- 3- 22 -18 -12 870 NE 92ND Street, Tina Gerson (Owner), has filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review for a garage conversion. Motion to approve subject to Staff's recommendation and subject to the windows mounting to match the rest of the house by Ms. Hegedus, seconded by Mr. Snow and the vote was approved`unanimously. 3) PZ- 3- 22 -18 -13 1420 NE 101 Street, Miami Shores FL 33138, (Owners) Mr & Mrs Allen, (Agent) Cesar Molina; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and a new home. Motion to approve subject to Staff's recommendation with the added covenant that the residence remain a single family residence by Ms. Hegedus, seconded by Mr. Brady and the Motion was approved unanimously. 4) PZ- 3- 22 -18 -14 116 NE 97th Street, (Owners) Watersedge Shores LLC (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 for a garage conversion. Motion to approve subject to Staff's recommendations by Ms. Hegedus, seconded by Ms. Bergman and the Motion was approved unanimously. 5) PZ- 3- 22 -18 -15 354 NE 91st Street, Mr and Mrs Puentes (Owns), have filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval for an addition. Motion to approve subject to Staff's recommendations by Mr. Brady, seconded by Mr. Snow and the Motion was approved unanimously. Miami Shores Village, Planning Board Meeting 2 6) PZ- 3- 22 -18 -16 9839 NE 13th Avenue, Jeffery and Valentina Gutchess (Owners), have filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: 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, renovations. Motion to approve subject to Staff's recommendations with a restricted covenant for the residence to remain a single family residence by Ms. Hegedus, seconded by Mr. Snow and the Motion was approved unanimously. 7) PZ- 3- 22 -18 -17 1135 NE 99th Street, Lori and Keith Freiman (Owners), have filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval for a garage conversion. Motion to approve subject to Staff's recommendations by Mr. Brady, seconded by Mr. Bergman and the Motion was approved unanimously. 8) PZ- 3- 22- 18 -18: 9545 NE 2nd Avenue, (Owner) DVS LLC, (Applicant) Dunkin Donuts, (Agent) Sign Effex; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review and approval required. Signs Application was withdrawn by Applicant. 9) PZ- 3- 22- 18 -19: 9545 NE 2nd Avenue, (Owner) DVS LLC, (Applicant) Dunkin Donuts, (Agent) Sign Effex; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review and approval required. Signs Motion to approve subject to Staff Recommendations by Mr. Bergman, seconded by Mr. Snow and the Motion was approved unanimously. 10) PZ- 3- 22- 18 -20: 9628 NE 2nd Avenue, (Owner) PALLAZO LEONI LLC, (Applicant) Todd Leoini, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review and approval required. Change of Use (Art Studio and Gallery). 1- Change of Use — Motion to approve subject to Staff Recommendations by Mr. Brady, seconded by Mr. Snow and the Motion was approved Unanimously. 2- Site Plan Review — Motion to approve with a condition that the owner will remove the dark tinting on the window in as much as it is not a financial burden and practical by Mr. Bergman, seconded by Mr. Snow and the Motion was approved unanimously. 11) PZ- 3- 22 -18 -21 1205 NE 95th Street, Robert Bailey (Owner), has filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Miami Shores Village, Planning Board Meeting Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Exterior renovation (entry feature). The Applicant did not show. Motion to table by Mr. Snow, seconded by Mr. Bergman and the Motion was approved unanimously. IV) CONTINUED ITEMS: a) Subdivision of Lots Item tabled to the end of the meeting. b) Generators in the Front Yard Mr. Kendall is recommending approval of generators to be installed in the Front Yard. This item is being brought for P& Z review by Council's order. The Board had concerns and made statements about Staff s recommendation. Public Hearing Now Open 1. Councilwoman Alice Burch of 1440 NE 101 Street was present and wanted to testify. Councilwoman Burch began by first thanking the Board for their service. Councilwoman Burch spoke about her experience with side yard generators and some restrictions that P &Z had put in place. Councilwoman Burch continued by giving an account of her neighbor's experience trying to get a generator in her side yard. How the generator was inundated with salt water when Storm Irma hit, also her neighbor lost the seawall. Councilwoman Burch states that the particular homes in the VE Zone have significant space in the Front Yard that could be camouflashed similar to the plans seen earlier tonight. Councilwoman Burch continued by urging the Board to comprise a plan that would allow the generators be installed in the Front Yard. Mr. Snow on behalf of the Board thanked Councilwoman Burch for her testimony. It was discussed at length to possibly consider it specifically for VE Zones. Staff s recommendation is for generators to be allowed in Front Yard's Village wide. Mr. Snow spoke about the homes on the water compared to the rest of the homes in the village. Mr. Sarafan gave some general conceptual comments to the Board. In general the Board should be aware of the law of unintended consequences. It is often not a good idea to legislate to address the concepts across the board. Mr. Sarafan briefly explained to the Board his concern about this type of legislating. Mr. Sarafan some quick comments. Miami Shores Village, Planning Board Meeting 4 1. Why are we putting this under structures constituting accessory buildings ?Are we going to call this generators accessory buildings? 2. Do we have a definition of permanent residential generators? I think you started by saying that there are no regulation setbacks on generators. When you say interior setback is this intended to be side setback? There was extensive discussion between Staff and the Board regarding the particulars of this item. Mr. Sarafan asked that the Chair suspend the rules and allow the Board to discuss this item. At this time all the Board gave their particular opinions and the way they see this issue. The consensus of the Board is that they need more information from Staff. The Board asked questions to Staff. Staff responded with additional information. Mr. Sarafan spoke about the way that the Board should approach this issue going forward. Mr. Snow is most concerned about the visibility of these generators. Discussion by the Board took place at this time. The Board expressed their concerns about this item. The Board was in agreement to set this item to be further discussed at next hearing. V) PUBLIC HEARING ITEMS a) Fences Walls and Hedges in front yards adjacent parks Mr. Kendall gave a brief description of the background of this particular item. Staff advised that this item was published accordingly. The Board asked questions about the Code. Staff explained what is considered when looking at specific setbacks. Staff's recommendation is to approve. Ms. Hegedus wanted more information regarding the lots. Board discussion took place at this time. Public Hearing now open: 1. Councilwoman Alice Burch had comments about what is in the Code regarding who can build along these porperties. Also, what is defined as their side yards. Public Hearing is now closed. Miami Shores Village, Planning Board Meeting The Board had discussion at this time. Mr. Sarafan recalls not too many variances have been granted for fence heights in the front yard. Staff defines the definition of a front yard. Staff gave a lengthy explanation to the Board about the definition of a front yard. There was some discussion about front yard definition. 518 Fences, Walls and Hedges was briefly mentioned by Mr. Sarafan. The word abutting was discussed by the Board. Board discussion took place at this time. Staff advises that Council would like for the Board to consider this item. The Board would like more information before making any recommendation. The Board is in consensus that more information is required. Motion to table by Mr. Brady — seconded by Bergman and the Motion was approved unanimously. Public Hearing now open. Councilwoman Alice Burch explains that both of these items are unique situations wherein a variance could have been granted. Variances have been overwhelmenly denied and consistenly denied. Councilwoman Burch spoke at length about specific situations on the Bay where a variance would be appropriate. Public Hearing now closed. b) The Board decided to hear the Subdivison of lots at this time. Subidivision of lots — Staff gave a brief explanation of the subdivision of lots. Staff has drafted more information for the Board. Public Hearing open No public present to testify Public hearing now closed There was extensive discussion about this item by Staff and the Board. Motion to recommend to the Coucil as drafted by Staff by Mr. Brady, Seconded by Chairman Busta and the vote was unanimous in favor of the Motion. VIII) DISCUSSION a) none Miami Shores Village, Planning Board Meeting IX) NEXT REGULAR BOARD HEARING — April 26, 2018. 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. Miami Shores Village, Planning Board Meeting 7