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2022-02-24 PB MinutesMayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar t f�04' e4 Esmond Scott, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk PLANNING AND ZONING BOARD MEETING MINUTES DATE: 2-24-2022 TIME: 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Busta called the meeting to order at 6:30 PM. 2) ROLL CALL Present: Mr. Snow Mr. Brady Mr. Bolton Ms. Hegedus Chairman Busta Also Present: Omar Bradford, Assistant Village Attorney Travis Kendall, Planning and Zoning Director Mariana Gracia, Planning Board Secretary Board Members Disclosures: Mr. Brady visited 1275 NE 93 Street, Mr. Bolton visited 1275 NE 93 Street, and Mr. Busta visited 333 NE 91 Street and 1275 NE 93 Street. 3) MINUTES Motion to approve the minutes of January 27, 2022 by Mr. Brady, seconded by Mr. Bolton and the Motion was unanimously approved. 3. A Approval of the Minutes for January 27, 2022 2022-1-27 PB Minutes.pdf ACTION ITEM(S): PUBLIC HEARING(S) 4) TABLED ITEMS 4. A STPL-000096-2021 10070 North Miami Avenue (Applicant) Kiara Nunez (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 move the item from table by Ms. Hegedus, seconded by Mr. Snow and the Motion was approved unanimously. Staff presented the item and informed the Board that the two arch way is no longer enclosing second arch. Staff is recommending approval based upon the design. Agent Mr. Salazar stood for questions. The Board asked questions. The Board had concern about this addition potentially becoming an efficiency. Ms. Hegedus proposed a covenant to remain a single family home. The Board believes that the new design is an improvement to last month's application. Motion to approve subject to Staff s recommendations with a covenant that the property remains a single family use and adding a window to the South Elevation by Ms. Hegedus, seconded by Mr. Snow and the Motion was unanimously approved. 10070 N Miami Avenue - Application.pdf 10070 N Miami Avenue - New Plans.pdf STPL-000096-2021_96 Nunez additioncarenc.pdf 5) NEW ITEMS 5. A STPL-000001-2022 1525 NE 104th Street, (Applicant) Michael Johnston (Agent) Southern Marine; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (0, (g) (2) and Sec. 600. Site plan review for new dock. Mr. Robert Rossi was present on behalf of the owner. Staff presented the application for a dock. Staff is recommending reflectors be installed. The Board asked questions. The Board is concerned with the setbacks. Staff said that the setbacks are fine. There was discussion about king tide effect and how to fix it. Mr. Rossi stood for questions. There were no further questions. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Brady, seconded by Mr. Bolton and the Motion was unanimously approved. STPL-000001-2022_O 1_j ohnston_Dock.pdf 1525 NE 104 Street - Plans.pdf 1525 NE 104 Street -Application.pdf 5. B STPL-000002-2022 1275 NE 93 Street, (Applicant) Jorge Guinovart (Agent) J & E; Construction 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 residence. Staff gave a brief overview of the 7 Bedroom new construction plans submitted for review. The Agent Ms. Joliette Silver gave out new documents for the Board's review. Staff recommends for the Board to table or deny this application. The Board would like to move forward reviewing this application. The Board asked questions. Staff said that the applicant had corrected the issues he previously had with the corrections submitted at the meeting. There was concern by the Board members about the current design. The size of the house is out of scope with the neighboring homes. The Scope and size needs to be reduced. The Board commented on the neighborhood not being anything like what is being proposed (12,935 Square foot home). The Board would like for the applicant to reduce the scope of the building which is massing on setbacks and the look of massiveness on this application. Public Comment Open: Mr. Edgar Tefel - Owner of the house across the street which was recently built by this applicant. He has had a lot of issues with this company. He is currently in litigation with this company due to the enormous amounts of issues with the built structure. This house is an investment for him. The septic tank was installed improperly. He has to have the septic tank emptied once a week. It is Mr. Tefel's opinion that this company (Applicant) does not know what they are doing in regards of building construction. He does not like the A/C on the roof. So, far he has invested $200,000.00 to fix the issues that were built wrong. 2. Mr. Harvey Ivy - 1268 NE 93 Street. Mr. Ivy testified that he is well aware of the majority of the problems with the previous comment. What this company built looks nothing like the design that was approved. This application seem to have a lot of issues. Mr. Ivy complained about the pool at the neighboring house built by the Applicant. He asked if the Applicant was going to put a big A/C on this house. Jorge (Applicant) broke his fence and never repaired it. Mr. Frederick Mueller of 1263 NE 93 Street testified that 1275 NE 93 Street has been a problem. There are issues with the water runoff onto other properties. He asked about the pool being higher and he questioned the permitting process. He was concerned about the vegetation around being killed due to the lack of sun light. The massiveness of the new construction is of concern to him. There are many inconsistencies with this application. Mr. Mueller hopes that this Board will reflect on previous applications while considering this application. 3 4. Ms. Mary Barbara Ivy - next door neighbor to 1275 NE 93 Street. She expressed concern about the water runoff from this property. Ms. Ivy gave different scenarios about possible uses of this property being that it is proposing 7 bedrooms. She said it could be used for Air B & B which is unacceptable to the neighbors. This project could be used as a party house. Public Comments closed. Mr. Busta commented on public comments given and said that all the comments were valid points. The Board commented on the house being proposed as being too massive. Water runoff is a concern. The board likes that the applicant included more windows. The board is of the opinion that this application needs to improve. Size & elevations concerns expressed by the board. Lot coverage concerns expressed. Not in harmony with the neighboring properties. Mr. Bradford, Assistant Village Attorney asked the Board if there is a suggestion to change the Code. Mr. Bolton answered that it is more of an Aesthetic concern. Mr. Busta said that the Applicant can make improvements before they bring back the application before the Board. Motion to table the item until next meeting by Mr. Snow, Seconded by Mr. Brady and the Motion was unanimously approved. Mr. Busta said that the Applicant is being asked to make changes and resubmit the application with changes. He asked Staff to work with the Applicant to make changes as needed. Also, if the Board members can send Staff an email with recommendations for changes needed so that the Applicant will have everything covered before coming back to the Board. Staff informs the Board tha he had made notes and has clear direction from the Board as to what changes need to be made on this application. Staff would appreciate the emails from the Board. Staff asked the Applicant to reach out to him next week to discuss changes. STPL-000002-2022 GuinovartJ&E Construction.pdf 1275 NE 93 Street - Application.pdf 1275 NE 93 Street - Plans.pdf 5. C STPL-000005-2022 333 NE 91 Street, (Applicant) Adi Fridman (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 residence. The owner, Ms. Adi Fridman was present. Staff presented the 3,300 square foot new construction and recommended approval. The swimming pool on the drawings is just for visuals. The Board asked questions to Staff about the A/C on the roof. The lot is 9,600 square feet. The owner had a short presentation and was open to questions by the Board. The Board expressed being pleased with this application. Great Job! The detailed landscape is a plus. Ms. Hegedus would like the A/C to be moved back not to be seen from the street. 4 There was no public comment. Motion to approve subject to Staff s recommendations moving the A/C further back not visible from the street by Mr. Brady, Seconded by Mr. Snow and the Motion was unanimously approved. STPL-000005-2022_03_Fridman.pdf 333 NE 91 Street - Application.pdf 333 NE 91 Street - Plans.pdf 5. D STPL-000006-2022 765 NE 96th Street (Applicant) Soane LLC (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. Staff presented the application of a legalizing garage conversion. This is an after the fact application. Staff is recommending approval of this application. The Board asked questions to Staff. The Applicants did not have a presentation but stood for questions. The Board had no questions for the Applicant. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Brady, Seconded by Ms. Hegedus and the Motion was unanimously approved. STPL-000006-2022_05_Soname_Gconversion.pdf 765 NE 96 Street - Application.pdf 765 NE 96 Street - Plans.pdf 6) CONTINUED ITEMS 7) BOARD MEMBER COMMENTS Mr. Bolton gave out some pictures of houses (one with a structure on the roof top), and several other houses with what could potentially be Code Compliance violations to be discussed with the Board. Mr. Bolton asked what the structure on the roof top was. Staff said that the structure was allowed as long as it did not exceed 30 feet. Mr. Bolton asked if it means as long as it is 15%, is that what this falls into. Staff said that in a way it does, our Code says two floors as long as it does not exceed 30 feet. Mr. Kendall said that when looking at the Code he would go to the more restrictive of the two (comparing the old code to the changes he made recently). In speaking to people he would say that as long as it did not exceed 30 feet is fine. Staff gave examples of what is allowed by Code. Currently, roof tops are limited to 20% of the existing roof as long as is not livable space. Mr. Bolton asked why you say this is not livable space. Staff answered you couldn't because is open to the space below. Mr. Bolton understood that this is just open space. The Board asked questions about Code Enforcement issues. Staff explained that the existing Code does not specify about the mechanical equipment not being seen from the street. Discussion continued about equipment placement that is not visible from the street. Regarding the Code issues, Staff will be bringing to the attention of the Code Enforcement Officers. Mr. Busta asked Mr. Bolton to please have the documents prepared ahead of the meeting and submit it beforehand so that the Board can better prepare for discussions. Mr. Bolton reported what could be Code violations. Mr. Busta has seen these throughout the Village. There was no other comments. End of discussion. 8) NEXT REGULAR BOARD HEARING - March 24, 2022 9) ADJOURNMENT