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2021-7-22 PB Minutes 1 PLANNING AND ZONING MEETING MINUTES DATE: 7-22-2021 TIME: 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Busta called the meeting to order at 6:30 PM SWEARING IN OF WITNESSES by Richard Sarafan, 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.” 2) ROLL CALL Present: Chairman Busta Ms. Hegedus Mr. Snow Mr. Bolton Absent: Mr. Brady – Excused Absence Also present: Richard Sarafan, Village Attorney Travis Kendall, Planning and Zoning Director ACTION ITEM(S): PUBLIC HEARING(S) - NONE 3) TABLED ITEMS 2 3 A. STPL-000040-2021 125 NE 104 Street (Applicant) The Jazlaz Group LLC (Agent) Carlos & Brgos Lanza; 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 for new construction. *Applicant will be submitting for the September meeting. 3 B. STPL-000045-2021 64 NW 101 Street (Applicant) Pablo Assusa & Monica Cruz (Agent) Carlos Valdez; 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 for an addition. Motion to approve subject to Staff’s recommendation by Mr. Bolton, seconded by Mr. Snow and it was approved 3-1 with Ms. Hegedus against. 3 C. STPL-000047-2021 535 NE 95th Street (Applicant) Garrett & Nayla Moffett (Agent) Luis Valdes Bartroli; 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 for an addition. Motion to table until the meeting in September 23, 2021 by Ms. Hegedus, seconded by Mr. Snow and it was approved 4-0. 3 D. July 22nd Meeting. STPL-000034-2021 1251 NE 94th Street (Applicant) Jonathan Taborda (Agent) Jairo Delgado; Pursuant to Articles VI of Code of Ordinances, Sec. 8.5-17, Appeal of Substantial Improvement Determination. * Applicant has not provided new information, therefore please move this date certain to the September Meeting. 4) NEW ITEMS 4 A STPL-000051-2021 1041 NE 94th Street, (Applicant) Omri and Jessie Veader (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 for new construction. Motion to approve subject to Staff’s recommendations by Ms. Hegedus, seconded by Mr. Snow and it was approved 4-0. 4B. STPL-000052-2021 75 NE 92nd Street (Applicant) Jeremy Schwach (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 for a garage conversion and addition. Motion to approve subject to Staff’s recommendations by Ms. Hegedus, seconded by Mr. Snow and it was approved 4-0. 4C. STPL-000053-2021 1181 NE 97 Street (Applicant) David & Caroline Cardenas (Agent) Victor Bruce; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 3 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review for a garage conversion. Motion to approve subject to Staff’s recommendations by Mr. Snow, seconded by Ms. Hegedus and it was approved 4-0. 4D. STPL-000055-2021 334 NE 102 Street (Applicant) John and Cristina Butler (Agent) Victor Bruce; 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 for a new single family home. Motion to approve subject to Staff’s recommendations by Mr. Snow, seconded by Mr. Bolton and it was approved 4-0. 4E. STPL-000057-2021 1132 NE 101 Street (Applicant) James Breen & Maria Hernandez (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 for an addition. Motion to approve subject to Staff’s recommendations by Mr. Snow, seconded by Ms. Hegedus and it was approved 4-0. 4F. STPL-000058-2021 702 NE 95 Street (Applicant) Ulises Muniz & Laura Rodriguez (Agent) Carlina Arronte; 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 for an addition. Motion to table to September 23, 2021 by Mr. Snow, seconded by Ms. Hegedus and the Motion was approved 4-0. 4G. STPL-000059-2021 1202 NE 93rd Street (Applicant) BenGray Investments C/O Adam Malamed (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 for a new single family home. Motion to approve subject to Staff’s recommendations by Mr. Snow, seconded by Mr. Bolton and it was approved 3-1 with Ms. Hegedus against. 5. DISCUSSION A) DISCUSSION AND POSSIBLE ACTION TO REFER PROPOSED 4 AMENDMENTS TO THE SYNTHETIC TURF CODE SECTION TO THE PLANNING BOARD. The Board discussed this item and asked Staff to provide more information, Staff will review the previous minutes and provide the information to the Board next meeting. B) DISCUSSION AND POSSIBLE ACTION REGARDING CHANGES TO THE CODE OF ORDINANCES RELATING TO THE ELIMINATION OF PLANNING BOARD APPROVAL OF COMMERCIAL SIGN APPLICATIONS AND AUTHORIZATION FOR SUCH APPLICATIONS TO BE ADMINISTRATIVELY APPROVED. Motion to table by Mr. Snow, seconded by Chairman Busta and the Motion was approved 3-0. Ms. Hegedus was not present at this time. C. DISCUSSION & POSSIBLE ACTION REGARDING CHANGES TO THE CODE OF ORDINANCES TO REDUCE OR REMOVE SIDE SETBACK REQUIREMENTS FOR DRIVEWAYS ON RESIDENTIAL PROPERTIES. None conforming driveways was discussed by the Board. Driveways and what can be done. Setbacks are there for a reason. Policy concerns about what can and cannot be done. The Board discussed legal non-conforming driveways. The Board said there is a reason for the setbacks. Public Comment: 1. Brian Conway – when you read the setbacks it is wrong. Simply replacing the material. He bought the property with this issue. He claims he has a hardship. Staff’s input the issue is when a neighbor comes back and says I want to do what the neighbor did. 70% of the driveway is encroaching on the side line setbacks in this particular case. This is not a unique situation. Mr. Conway showed the Board a copy of his survey. The Board said that changing the Code to meet an individual need does not make sense. Staff said that Mr. Conway can seek a variance at the Planning Board. The standard for a variance is very strict. The Board came to a consensus to keep the Code as it is now, not to change it. 5 D. DISCUSSION AND POSSIBLE ACTION REGARDING CHANGES TO THE CODE OF ORDINANCES RELATING TO THE PERMITTED HEIGHT OF GATES IN THE FRONT YARD. Motion to table by Mr. Snow, seconded by Chairman Busta and the Motion was approved 3-0. Ms. Hegedus was not present at this time. E. Discussion of possible amendment to Appendix A (Zoning), Article IV (Establishment of Regulations), Section 410 (Building Permits Schedule of Regulations). Discussion of lot coverage, unit size, setbacks, and building height requirements. The Board discussed this item at length. Requirements and limitations of lot coverage and building height. Lot coverage is very important. Staff spoke about square foot limitations. The Board is in agreement in regards to bulky buildings. The Board would like for Staff to draft more information about this item. More discussion took place about bulky buildings. The issue is not two story buildings but the boxed buildings. The Board wants Staff to put together coverage or footprints of two story buildings for the Board to review. 6. NEXT REGULAR BOARD HEARING – September 23, 2021. 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