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PZ_Minutes_June_22_2023 1 Mayor George Burch Vice Mayor Jesse Valinsky Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Daniel Marinberg Esmond Scott, Village Manager Sarah Johnston, Village Attorney Ysabely Rodriguez, Village Clerk MEETING MINUTES DATE: 6-22-2023 TIME: 6:30 PM 9900 NE 2nd AVE 1) CALL TO ORDER Chairperson Mr. Busta called the meeting to order at 6:31pm 2) ROLL CALL Present: Mr. Brady Chairman Mr. Busta Mr. Bolton Mr. O’Hara Absent: Mr. Finkelstein Also Present: Ms. Chane Woods, Village Attorney Ms. Claudia Hasbun, Planning and Zoning Director Ms. Alizgreeth Tezen, Planning and Zoning Technician 3) MINUTES 3.A Approval of Minutes for May 25, 2023 Mr. Brady stated that the roll call title had a typo under planning and zoning technician should say director for Ms. Claudia Hasbun. Approved of minutes with corrections by Mr. Brady seconded by Mr. Bolton. 4-0. 2023-5-25 Minutes- P&Z.pdf 4) ACTION ITEM(S): STPL-000074-2021 Owner: Luis Guerra Agent: N/A 2 Address: 1155 NE 104th ST Request: Development Order Extension for Seawall and Dock Luis Guerra (owner spoke at the podium) Mr. Guerra stated a presentation and explained that the contractor did not fulfill the contract and presented to the board a letter explaining the circumstances. Mr. Brady asked if the contractor failed to move forward to which Mr. Guerra stated that’s right. Mr. O'Hara asked if the lift was already installed? to which Mr. Guerra replied no just dock and seawall. Motion to approve by Mr. O'Hara seconded by Mr. Brady.4-0. STPL-000074-2021.pdf DO-STPL-000074-2021_Guerra_Wilson.pdf 1155 NE 104 Street - Plans 9-10-2021.pdf ACTION ITEM(S): PUBLIC HEARING(S) - BOARD MEMBER DISCLOSURES 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.” 5) NEW ITEMS 5A.. RSP-23-37 Owner: Adi Nahmani Applicant: Adi Nahmani Agent: KBR Design & Build - Chris Wakas Address: 551 NE 93rd ST Request: Site plan modification approval for a 468 square foot addition. Motion to move to end of agenda by Mr. Brady, seconded by Mr. O'Hara. 4-0. at 6:40pm. Daniel Martinez with KBR Design & Build (agent spoke at the podium) Mr. Bolton asked is this driveway built over the septic system to which the owner stated yes. Mr. Martinez stated that this proposal of the septic tank is over a drivable lid however, the drainage field is on the green space and required by the external agencies. Mr. O'Hara asked is the carport for a flat roof? to which the agent stated that this use to be a pergola which is going to be a roofed garage and will have trusses to match the existing roof. Mr. O'Hara asked about the east side column if it's staying and will it be filled? Mr. Martinez stated that from the column to the north and from the column to the east will be filled. Mr. O'Hara asked is this being enclosed with a garage door? Mr. O’Hara is stating that he is not seeing that change in sheet A-3.1 and staff presented a copy to provide the accuracy of the columns and proposed work. Mr. O’Hara asked if the sheet that was missing is available online, to which Ms. Hasbun stated yes. 3 Motion to approve by Mr. Brady seconded by Mr. Bolton, 4-0. RSP-23-37.pdf 551 NE 93 ST -Application.pdf 551 NE 93rd ST -Plans survey.pdf 551 NE 93 ST_Plans.pdf 5B.. VAR-23-41 Owner: Lance Tinkler & Jennifer Tinkler Applicant: Lance Tinkler & Jennifer Tinkler Agent: Relvy Moronta Hernandez Address: 620 NE 101 ST Request: Variance approval for a front fence and gate. Ms. Hasbun stated that the applicant sent a letter requesting to postpone the application to September 28th, 2023. Motion to table by Mr. Bolton, seconded by Mr. Brady. 4-0. VAR-23-41.pdf 620 NE 101 ST -Application.pdf 620 NE 101 ST_Plans.pdf 5C.. RSP-23-42 Owner: Bruno Almeida & Jacqueline Barrantes Applicant: Bruno Almeida & Jacqueline Barrantes Agent: Hugo Mijares Address: 9879 NE 13th AVE Request: Site plan approval for a two-story addition of 1,220 square feet. Mr. Mijares (Agent spoke at podium) Mr. O'Hara asked to have the agent walk them through the project. This is a 1986 house that was remodeled 5 years ago, the agent spoke about the intentions of increasing the area over the kitchen and garage while keeping the same materials. Mr. O'Hara asked applicant to go to page A-8 asked is the garage door glass? Mr. Mijares stated yes, it’s opaque glass. Mr. Busta stated that he's seen glass garage doors in previous houses and Mr. Brady stated that he saw one on the house at 94th Street east of 12th avenue and asked will this be opaque or a different color, also asked why did they decide on making the door glass? the agent stated that it was an improvement that is widely used on remodel homes. He also stated that it is building code approved and hurricane approved. It gives a nice curved appeal to the house. Motion to approve by Mr. Bolton, seconded by Mr. Brady. 4-0. RSP-23-42.pdf 9879 NE 13th AVE- Application.pdf 9879 NE 13th AVE- Plans.pdf 4 5D.. RSP-23-43 Owner: Berangely Cid Applicant: Victor Bruce Agent: N/A Address: 1050 NE 91st TER Request: Site plan approval for an addition of 540 square feet and a detached structure of 39 square feet. Victor Bruce (Applicant spoke at the podium) Mr. Bruce stated that the one-story addition is being done in the rear of the home, no increase of bedrooms is being done due to the septic system and the bedroom is being relocated. Where the existing bedroom use to be will be turned into a media space. There is a proposal for rebuilding entire rear to accommodate for a raised pool deck, turning the pool around 90 degrees and putting a small accessory structure that will be used as a cabana bathroom. Mr. O'Hara asked is Mr. Bruce the agent or applicant? to which Mr. Bruce stated that it should be as shown on the application. To which Mr. O’Hara stated that has it shown as the applicant, and it should not be stated in that manner since, the architect does not live there and that the affidavits needs to be corrected as he is shown as the applicant and not the agent. Mr. O’Hara further asked staff on how to go about the application process moving forward with future site plan review applications. Ms. Hasbun stated that the application has been already updated for applicants to submit in the proper format. Mr. Busta asked Ms. Hasbun if she is satisfied with how the applicants fill out the form whether it be under applicant or agent? To which Ms. Hasbun stated that is correct. Mr. O’Hara stated that if staff agrees to having it worded in that manner than the development order should be reworded as well. That in the development order the applicant is not the “agent” but shown as representing the owner. Ms. Woods stated that this issue was discussed prior and that the information provided is deemed sufficient to continue with the application review. Mr. O'Hara stated that the staff report and application should be corrected. Ms. Woods stated that these comments were made prior to the meeting. Ms. Hasbun asked is this area of concern being brought up on how staff is curating the staff report or the development order? To which Mr. O’Hara stated to both because it shows the applicant is responsible and not the owner. Mr. Busta asked the board members for a poll to direct staff in which way the application should be worded and then amend it accordingly. Ms. Woods stated that if someone is representing themselves on behave of the owner that it is done in other municipalities and that it is just semantics, she also stated that there is nothing legal that is preventing Mr. Bruce to move forward with the application. Mr. O'Hara stated that this is not semantics and it's more about the process being inaccurate and not providing the correct information to the residents. Ms. Hasbun brought up a case study of a previous application, to which another applicant has filled out the application in a similar manner. Ms. Hasbun stated that both the owner and applicant would be part of the development order. Mr. Bolton asked was this a consistent issue with Victor Bruce applications or just an anomaly? Ms. Woods asked which page is Mr. Bolton looking at because the applicant can check mark as 5 an applicant or agent? Mr. Busta stated that it is shown on the application. Mr. Brady asked does the board members approve this, does it get granted to the owner or applicant with this development order rights? He also elaborated with how does the two roles differ from each other? Ms. Woods stated that the owner gives the option to give rights to someone else to speak or apply for this type of application on there behave for different scenarios that involve the owner to give rights for someone else to speak on their behave. Mr. Busta asked to have this as a point of discussion to the next board meeting. Motion to approve by Mr. O'Hara contingent to adjusting the application on making Mr. Bruce the agent and not the applicant and making all the necessary changes to the rest of application, staff report and development order, Seconded by Mr. Bolton. 4-0. Ms. Hasbun asked for clarification that next meeting; staff will bring staff report, application, affidavit and development order as a topic of discussion to have clear direction and have a legal perspective on the matter. Mr. O'Hara stated that this is not the first time this has happened and added that this is unfair to all the parties involved. Ms. Hasbun understands the concerns of the board members however, that is the legal direction that was given to proceed with the applications. Mr. O’Hara asked for recommendation for legal representation to have this in a memo and have it in writing to provide the legal information on how to move forward with this application. Mr. Busta asked Mr. O’Hara to reach out on an email format to get those specific questions answered and referenced that in the past the legal team would not get response from them. RSP-23-43.pdf 1050 NE 91 TER_Application.pdf 1050 NE 91 TER_Plans.pdf 5E.. RSP-23-44 Owner: Robert Ader & Elizabeth B. Hitt Applicant: Robert Ader & Elizabeth B. Hitt Agent: Michael Alan Fine Address: 9701 NE 13th AVE Request: Site plan approval for 1,155 square feet of a covered terrace with an attached pergola. Mr. Fine (Agent spoke at the podium) Mr. O'Hara asked Ms. Hasbun to confirm the address of this application, stated that in the staff report the address is not correct and needs to be corrected to 9701 NE 13th AVE. Mr. Brady stated that this property is in a weird shape and was not sure where it was when he was looking for the property. Mr. Fine started talking about the existing items and that no changes will be made to the existing pool. Stated that more light will be entering through the gable end. There are no changes on the architectural elements and using it to the advantage of the addition. Mr. Brady asked about the boat house? it will be left the 6 same, Mr. Fine stated yes. Mr. Bolton asked if the roof would remain as tile, Mr. Fine stated yes. Mr. Brady stated that the property is beautiful. Mr. Busta stated that is a nice project. Ms. Elizabeth Hitt (Owner spoke at the podium) stated that the residents living on the west is for sale and nobody is living there. Mr. O'Hara stated that he appreciates the amount of work that was put into this project. Motion to approve by Mr. O'Hara seconded by Mr. Bolton. 4-0. RSP-23-44.pdf 9701 NE 13 Ave_Application.pdf 9701 NE 13 Ave_Plans.pdf 5F.. RSP-23-45 Owner: Philippe Alluard Applicant: Philippe Alluard Agent: N/A Address: 1050 NE 105th ST Request: Site plan modification approval for an imposed condition on a boat lift capacity of 10,000 ibs. to 20,000 ibs. with a floating dock. Mr. Alluard (Owner spoke at the podium) Mr. O'Hara asked was this a project that was done after the fact? Mr. Alluard stated that the current lift 10,000 ibs. is not sufficient for his new boat and thus, 20,000 lbs. are needed. Ms. Hasbun stated that the applicant did apply for a permit, but it was only for 10,000 ibs. Mr. Bolton asked if during construction was the previously approved 10,000 ibs lift was upgraded to 20,000 ibs.? To which Mr. Alluard stated yes. In May 23, 2022 Mr. Alluard submitted a permit for this, Ms. Hasbun stated. Mr. Bolton what is the distance from the property to the edge of the wooden dock since per the survey provided it was not clear to the board? The plans show 10’-1/2” to the first I-beam to the lift and wanted to know where is the lift located in respect to the property line? From the left to the west side of the property? Ms. Hasbun showed Mr. Bolton on the sheet site plan where he can locate the dimension. Mr. Alluard stated that no change to the dock will be made and will remain the same and it will be what was approved in 2016. Ms. Hasbun stated that on one side of the property you have approximately 45 feet and the other side approximately 20 feet. Mr. Brady asked why staff asked to reduce from 20,000 lbs. to 10,000 lbs. Ms. Hasbun stated for the record that the code does not have a setback requirement for the dock. Mr. Bolton stated that the proper measurements should be shown on the site survey. Mr. Busta asked about for a 20,000 lbs lift upgrade? Mr. Brady asked why did someone asked him to reduce his 15,000 lbs boat to a 10,000 lbs? Alluard stated that the neighbor was accusing him of selling and renting boats. Then the board gave him a condition to approve for 10,000 lbs. instead of 15,000 lbs. Mr. Brady stated that the new boat lift is there and is this after the fact. Ms. Hasbun stated yes. Mr. O'Hara asked is there a difference in size between 10,000 lbs. and 7 20,000 lbs.? Mr. Bolton stated that it's more of a safety factor per the size and weight of the boat. Motion to approve by Mr. O'Hara with condition of an as-built survey that shows proper dimension of location seconded by Mr. Bolton. 4-0. RSP-23-45.pdf 1050 NE 105 ST_Application.pdf 1050 NE 105 ST_Plans.pdf 5G.. RSP-23-46 Owner: Frank and Jennifer Hornstein Applicant: Frank and Jennifer Hornstein Agent: Wesley Castellanos Address: 9800 NE 5th AVE RD Request: Site plan approval for a facade modification, additions, and a garage conversion totaling up to 1,424 square foot. Mr. Castellanos (Agent spoke at the podium) Mr. Brady asked did the development order expired? Ms. Hasbun stated that it did and the applicant had to resubmit a whole new site plan approval application from scratch. Mr. O'Hara asked if these are plans from a previous application? Ms. Hasbun stated that since the previous application expired that staff does not rely on old plans and new plans we're submitted and was reviewed from scratch and treated as a new application. Mr. Castellanos stated that the additions will be on the west side and will be 1960 Mediterranean style like the surrounding characteristics of the neighborhood. Mr. O'Hara commented that he appreciated that the architect decided to maintain the harmony of the neighborhood with the design. Motion to approve by Mr. Bolton, seconded by Mr. Brady 4-0. RSP-23-46.pdf 9800_NE_5_Ave_Rd_Application.pdf 9800_NE_5_Ave_Rd_Plans.pdf 5H.. RSP-23-47 Owner: Carlos Ferroni Applicant: Carlos Ferroni Agent: Ralph Tait Address: 302 NE 100th ST. Request: Site plan approval for a new construction of a two-story single-family home of 4,100 square feet. Mr. Tait (Agent spoke at the podium) Mr. Tait stated that the proposed two-story single-family home is providing the majority of the living space in the first level. The second- floor terrace is still providing privacy to the neighbors. Mr. O' Hara asked about the change of the front approach to the other side, and asked is there an update with the postal office to make sure it is 8 coordinated. Ms. Hasbun stated that it will take into effect once it goes through the building department process. Mr. O' Hara asked about the blank space on the north side elevation as well as minimum green space on the northeast side. Mr. Tait shared with the board different options of design intent for the proposed project on what can be done on the blank wall of the north elevation. Mr. O'Hara stated that he prefers the seconded alternative and how this will go forward with the application. Ms. Hasbun stated that new plans will affect the approval and staff will recommend tabling in order to review the new plans presented. Mr. O'Hara asked for a consensus if the board prefers one design over the other. Ms. Hasbun stated that there is time to table it and post it to the next agenda. Mr. Bolton stated that he prefers the entrance on the north side but will approve what is presented to the board. Mr. Bolton asked the board if a covenant needs to be in place for the guest space and Mr. Busta asked Ms. Woods if there is a motion on the floor does the time for questions and discussions are no longer available? Ms. Woods stated that if the board seems fit they can adjust. Ms. Hasbun stated that one of the conditions on the staff report is to adjust the site plan from guest room to a living space. Ms. Hasbun also mentioned, that in the past the board has amended a covenant to the applicant to restrict the property to solely a single-family home. Motion to table by Mr. O'Hara 1-3. Motion to approve by Mr. Bolton, to add landscape and seconded to amend the covenant by Mr. Brady. 3-1. RSP-23-47.pdf 302 NE 100 ST Application.pdf 302 NE 100th ST- Plans.pdf 5I.. RSP-23-49 Owner: Michael Whitehead and Katia Bechara Applicant: Victor Bruce Agent: N/A Address: 150 NW 98th ST Request: Site plan approval for a garage conversion Mr. Bruce (Applicant spoke at the podium) Mr. Bolton asked about the stand-alone structure on the rear and it should have the same condition as the previous application for the covenant. Ms. Hasbun stated the same condition of the previous application can be applied to this one. Mr. O'Hara asked Mr. Bruce to go over the project. Mr. Bruce stated that the existing garage is going to be converted into a habitable space with an 8-inch raised elevation to configure with the nearest elevation point by the alley. Motion to approved by Mr. O' Hara contingent to adjusting the application on making Mr. Bruce the agent and not the applicant and making all the necessary changes to the rest of application, staff report and development order, seconded by Mr. Bolton to amend a covenant to restrict to single-family. 4-0. 9 RSP-23-49.pdf 150 NW 98 ST_Application.pdf 150 NW 98 ST_Plans.pdf 5J.. RSP-23-50 Owner: Charles Stevens Manning 3 and Sydni Manning Applicant: Victor Bruce Agent: N/A Address: 1025 NE 97th ST. Request: Site plan approval for a garage conversion. Mr. Bruce (Applicant spoke at the podium) Mr. O'Hara asked what is happening in the project and stated that the existing two space garage will be for a habitual space, bathroom and laundry will remain. The ceiling will be raised with the beam being adjusted accordingly. Mr. O'Hara asked about the materiality on the front of the garage is going to be stucco per the response of Mr. Bruce. Mr. O'Hara asked if the door can be closed off as it can be used as a rental space and Mr. Bruce stated that it is existing. Mr. Brady asked what the purpose of the seconded door and Mr. Bruce is stated that it is to take out the trash efficiently. Motion to approve with covenant by Mr. Brady, seconded by Mr. O'Hara 4-0. RSP-23-50.pdf 1025 NE 97 ST_Application.pdf 1025 NE 97 ST_Plans.pdf 6.PUBLIC COMMENTS - 2-Minute Time Limit 7.BOARD MEMBER COMMENTS Mr. Brady asked for an update on the comprehensive plan. To which Ms. Hasbun stated that staff is working on the content and process. Currently there are no updates available at this time. Mr. Brady asked if the consultants will be engaged? Will it be the same or different as 7- months ago and where council amended the plan? Ms. Hasbun stated yes, the same consultants are engaged and this process is different than what was reviewed and changed 7-months ago. Mr. Brady also asked if the consultants are working with all the elements? To which Ms. Hasbun stated that the consultants are working with one element at this time and eventually will proceed with the remaining elements that are to follow. Mr. O'Hara stated that he sent an email a week ago in regards to add a discussion as part of this agenda to go over items that we're not able to go over in the joint workshop. There was no consensus on many of the items discussed and Mr. O'Hara asked who is in charged to hearing the planning and zoning board as being part of the discussion? Ms. Hasbun stated that she is still waiting on what direction and what recommendation can be given to council once the document is presented. Mr. O'Hara asked who is making the call of when the document is given to planning and zoning board? 10 Ms. Woods stated that staff is still discussing the process on what the document was presented on the June 1st meeting. In the June 8th meeting, the purpose was to go over the future land use elements that needed to be addressed, that paperwork was proposed by council member Jerome Charles. The document will be provided to review and to make any changes, and there is nothing legally preventing the council to submit a document to planning and zoning board. Also, that document does not prevent the board from making amendments or changes to that document as well as there is nothing restricting the board to this document. A combination from the June 1st-June 8th meeting there will be a drafted document. Mr. Brady stated that he spoke with Ms. Hasbun to have a special meeting regarding a discussion on senate bill 109 and the Barry proposal, deciphering and understanding what these two items and having a basis to understand these changes. Mr. Brady asked if Jerome Charles’s document going to be the basis for the comprehensive plan? Ms. Woods stated that there is one version at DEO, the alternative language by Mr. Jerome Charles which makes amendment to the current comprehensive plan and CGA and there are a lot of variations and no concrete version that is being used, currently waiting on direction on which one is being used. On June 1st, council gave staff direction to pick and simplify one single document to present to the planning and zoning board. Ms. Hasbun stated that the board will have 10 days before the council meeting to have the planning and zoning board to review. Motion to add e-comment on next special comprehensive plan meeting to the planning and zoning board by Mr. O'Hara seconded by Mr. Busta. 4-0. 8.NEXT REGULAR BOARD HEARING- July 27, 2023 9.ADJOURNMENT- Motion to adjourn at 8:37pm by Mr. Busta The Village Council may consider and act upon such other business as may come before it. In the event this agenda must be rev ised, such revised copies will be available to the public at the Village Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a 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 w hich the appeal is based. Miami Shores Village complies with the provisions of the Americans 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. In accordance with Village code and section 2-11.1(s) of the Miami-Dade County Code, any person engaging in lobbying activities, as defined therein, must register at the Village Clerk’s Office before addressing the Council on the above matters or engaging in lobbying activities.