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2024-01-25 PZB Minutes1 Mayor George Burch Vice Mayor Jesse Valinsky Councilmember Neil Cantor Councilmember Jerome Charles Councilmember Sandra Harris Esmond Scott, Village Manager Chanae Wood, Village Attorney Ysabely Rodriguez, Village Clerk PLANNING AND ZONING BOARD MEETING MINUTES January 25th, 2024 6:30pm 9900 NE 2nd AVE. 1) CALL TO ORDER- Chair Mr. Bolton called meeting to order at 6:30pm. 2) ROLL CALL Present: Mr. Nappier III Mr. Finkelstein Chair Mr. Bolton Mr. Brady Mr. O’Hara Also, Present: Ms. Chanae Wood –Village Attorney Mr. Alex David – Interim Planning and Zoning Director Mr. Antonio Augello –Interim Planner Ms. Alizgreeth Tezen- Planning and Zoning Technician 3) MINUTES 3.A. Approval of the Minutes from November 16, 2023 Mr. Brady moved to approve minutes Seconded by Mr. Finkelstein. 5-0. 4) GENERAL PUBLIC COMMENTS -2- Minute Time Limit Maria McGuiness- Ms. McGuiness spoke in opposition to various applications on tonight’s agenda and expressed urgency for the zoning code to be updated and amended promptly. Barry Asmus- Is adjacent to the proposed home at 525 NE 101st ST. Mr. Asmus’ concern is about the size in square footage and appearance. He stated that the surrounding houses are 2 historic homes in 1925. Mr. Asmus also stated that the area is designated as a historic district by the national registry for historic homes. Katherine Garcia- Ms. Garcia stated that the notice was not sufficient and also agrees with Mr. Asmus that the project is out of style and not harmonious with the character of Miami Shores Village neighborhood. Ms. Garcia stated that her main concern is the green space that is being lost. Andrew Stefanick- Mr. Stefanick stated that the style is not harmonious with the Mediterranean around the neighborhood. Soften the look will help with the stark design. Mr. Stefanick also had concerns with the trees. Allan Filgueiras- Mr. Filgueiras is the owner and stated that the existing home was an eye sore for the street and visited several houses to see the character of the neighborhood. Message from Mr. Scott (Village Manager) Mr. Scott spoke about the increase in workload for the planning, zoning and resiliency department and the efforts for finding a new director is still on going. Several applicants have been interviewed and two offers were made. Calvin Giordano and Associates is assisting the department to ensure that the level of service is met, Alex David and Antonio Augello are here on a temporary basis. 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.” Ms. Wood administered the oath. 5) PLANNING, ZONING & RESILIENCY DEPARTMENT UPDATE Mr. David spoke briefly about the assistance Calvin Giordano and Associates is providing to The Planning, Zoning and Resiliency Department for Miami Shores Village and reiterated what Mr. Scott stated that it will be until the Village is able to find a permanent Planning and Zoning Director. Mr. David provided the Board with his background. 6) ACTION ITEM(S): 6.A. Planning and Zoning Board Calendar 2024 Year Chair Bolton asked staff to correct the proposed dates on the calendar as they don’t seem to align with the fourth day of the month. Correct dates should be: March 28th, June 27th, and November 21st Mr. Brady moved to approve Planning and Zoning Board Calendar as amended, Seconded by Mr. Nappier III. 5-0. 6.B. Development Order Extension STPL-000029-2022 Owner: Daniel Marinberg and Carlos Canasi Applicant: Daniel Marinberg and Carlos Canasi Agent: N/A Address: 1550 NE 103rd ST. 3 The Applicant is requesting a Development Order extension until June 6, 2024. Mr. David introduced the application for a development order extension providing the planning and zoning board with a background and explaining the need to such request. Several dates were corrected on the record. The Board then discussed the item. Mr. O’Hara asked about page. 2 on the staff report, recommendation number 6, to correct the date to July 6th, 2024. Public Comment: Maria McGuiness Ms. McGuiness asked about the extension process. Ms. McGuiness asked is that something that becomes a condition to this extension? Chair Mr. Bolton stated that it’s a rule. Mr. Brady moved to approve development order extension as outlined on the staff report, seconded by Mr. O’Hara. 5-0. 7. TABLED ITEMS 7.A. 7.B. RSP-23-93 Owner: Thomas and Maria Conway Applicant: Thomas and Maria Conway Agent: N/A Address: 575 NE 95 St Request: The applicant is requesting approval for the following: 1. First floor addition of 825 square feet 2. Second story addition of 1,583 square feet 3. One detached cabana addition of 500 square feet 4. Exterior landscape and driveway modifications Motion to untable all items by Mr. Brady, seconded by Mr. O’Hara. 5-0. Mr. Thomas Conway (Owner spoke at the podium) described the application. The Board considered the application and provided several comments concerning the roof and driveway. Motion to approve by Mr. Brady with amended conditions by Mr. O’Hara, requires that no door opening to be added on the second floor roof deck, and staff conditions to the driveway and public right of way approach need to conform to Sec. 521.2 seconded by Mr. Nappier III. 5-0. RSP-23-100 Owner: Adrian Maki LLC - John Hicks Applicant: John Hicks Agent: Seth Long Address: 1131 NE 104th ST. The applicant is requesting approval for the following: 1. Rear addition of a cabana half bathroom (Toilet and Sink) 4 7.C. 2. Façade modification 3. Extending the roof (Julian Quinn) (Agent’s Representative spoke at the podium) described the application. The intent of the project is to do an interior renovation with rebuilding the rear side of the home. 100 square feet will be the total amount. Mr. Brady asked about the additional square footage if that is in relation to the rear of the house? Mr. Quinn stated not much is being added because the intent is to demolish the existing portion. Mr. O’Hara moved to approve subject to staff conditions seconded by Mr. Brady. 5-0. RSP-23-101 Owner: Jaya Kader Applicant: Jaya Kader Agent: N/A Address: 253 NE 101st St Request: The applicant is requesting approval for the following: 1. Two (2) one-story additions totaling 890 square feet; 39,160 cubic feet 2. Façade modification 3. Exterior modifications including driveway, landscape, fencing, open terrace Ms.Kader (Owner spoke at the podium) stated that the intention is to add a master bedroom, a gym and a covered terrace. The Board asked if stone was being removed at the front door? Ms. Kader stated no. Mr. O’Hara also asked about the awning on the front? Ms. Kader stated that she may change the cloth but that’s later in the future. The original home had a flat roof and had an added gable. Majority is flat. Mr. O’Hara moved to approve subject to amended staff conditions including that the stone be kept on the front, seconded by Mr. Brady. 5-0. 8. NEW ITEMS 8.A RSP-23-105 Owner: Jonathan Goldberg Kidon & Rachel Chenelle Mayer Applicant: Jonathan Goldberg Kidon & Rachel Chenelle Mayer Agent: Norman Blandon Address: 75 NE 92nd St Request: The applicant is requesting approval for the following: 1. One-story detached accessory addition totaling 190 square feet 2. New carport totaling up to 323 square feet 3. Exterior modifications including driveway, landscape, fencing, covered deck Mr. Blandon (Agent spoke at the podium) described the application. The Board discussed the item including carport setbacks. 5 8.B Mr. O’Hara moved to approve subject to staff conditions seconded by Mr. Brady. 5-0. RSP-23-106 Owner: Allan Filgueiras Applicant: Allan Filgueiras Agent: Pedreiras INC. –Elvier Gonzalez Address: 1299 NE 104th St Request: The applicant is requesting approval for the following: 1. New construction of a two-story single-family home totaling 4,287 square feet; 81,192 cubic feet 2. Exterior modifications including driveway, landscape, fencing, covered deck Mr. Filgueriras, Mr. Gonzalez (Owner and Agent spoke at the podium) described the application. Mr. David stated that page 4 on the staff report that the plans are dated 11.17.2023 & 11.15.2023 but the architect sign and sealed them on 12.12.2023. The Board discussed the project and had several questions and comments, including the need for renderings. Mr. O’Hara moved to approve subject to amended staff conditions including submitting colored renderings seconded by Mr. Brady. 5-0. 8.C RSP-23-108 Owner: Catherline C. McCulloch Applicant: Catherline C. McCulloch Agent: Frank De La Paz Address: 9357 NE 9th PL Request: The applicant is requesting approval for the following: 1. Garage conversion 2. Exterior landscape modifications including (Driveway, Landscape, fencing, covered deck) Mr. Frank De La Paz (Agent spoke at the podium) Mr. Finkelstein moved to approve subject to staff conditions seconded by Mr. Nappier III. 5-0. 8.D. RSP-23-112 Owner: Jonathan C. Buckland, & Cassidy D. Buckland Applicant: Cassidy D. Buckland Agent: Ed Fortich Address: 358 NE 94th St Request: The applicant is requesting approval for the following: 1. New construction of a two-story single-family home totaling 7,933 square feet; 2. Exterior modifications including driveway, pool & pool deck, landscape, fencing, covered deck Mr. Ed Fortich (Agent spoke at the podium) began to describe the project. The Board discussed the project with applicant in an informal manner as the agent authorization was not available. 6 Mr. Brady moved to table seconded, by Mr. O’Hara. 5-0. 8.E. VAR-23-113 Owner: Jorge Bonamino Applicant: Jorge Bonamino Agent: Maria Rodriguez Address: 34 NW 96th St Request: The applicant is requesting approval for the following: 1. Driveway variance to provide a west side setback of 5 feet whereas 10 feet are required 2. Safe Site Distance Triangle for Private Property 3. Safe Site Distance Triangle for Swale 4. Driveway on right-of-way Ms. Rodriguez and Mr. Bonamino (Agent and Owner spoke at the podium) Mr. David stated that Sec. 521 shows that the safe sight triangle needs to be 10 feet from the private property and the swale. This is concerning a safety issue and because the property is heavily vegetated, and staff is recommending denial. The Board discussed this item and had concerns about the driveway and site triangle and the requirement for two spaces on-site. Public Comment: Katherine Garcia- Ms. Garcia stated that it would benefit to maintain the tree and not to destroy and be sustainable Miami Shores. Motion to approve with condition, to maintain the 5-foot area as sod in order to maintain the visibility safe sight triangle. Seconded by Mr. Nappier III. (Denied by: Mr. Finkelstein, Chair Mr. Bolton, and Mr. Brady). 2-3. Motion Failed 8.F. RSP-23-114 Owner: Jorge Bonamino Applicant: Jorge Bonamino Agent: Maria Rodriguez Address: 34 NW 96th St Request: The applicant is requesting approval for the following: 1. Porch enclosure of 155 square feet; 1,414 cubic feet which is visible from the public right of way Ms. Rodriguez and Mr. Bonamino (Agent and Owner) described the application. The Board discussed the application and its relationship to the driveway application. Based on the scale of the change, Mr. David feels that the applicant can move forward with the permit for the enclosure without needing to require the two parking spaces. Mr. David stated that he and Ms. Woods share the same opinion that this modification does not extend to the level of needing to deal with the non-conformity with parking. Ms. Woods stated that the effect on the non-conformity is when a building is being enlarged and per what is being presented to the board it would not need to extend to that level since the non-conformity is not being expanded or increased. Ms. Woods also added that based on the language that this application will not be affected by the outcome of the previous item on the variance as both are not tied 7 together. Mr. Brady would suggest staff to reach out to the building department to see if this is something that the applicant would move forward or will they need to comply with the ten-foot setback. Motion to table by Mr. Brady seconded by Mr. O'Hara 3-2. (Denied by: Chair Mr. Bolton and Mr. Nappier III) 8.G. RSP-23-115 Owner: Frank Marzano Applicant: Frank Marzano Agent: Scott Bakos Address: 309 NE 99th St Request: The applicant is requesting approval for the following: 1. Expanding second floor terrace to 535 Square feet; expanding kitchen and foyer on the first floor 191 square feet; both expansions and existing residence total 6,060 square feet; 66,015 cubic feet 2. Façade modification 3. Exterior modifications including driveway, landscape, fencing, covered deck Mr. Bakos (Agent spoke at the podium) described the application. The Board discussed the application and the “centering” of the front. Motion to approve subject to staff conditions by Mr. Brady, seconded by Mr. Nappier III. 5-0. 8.H. RSP-23-117 Owner: Ross Romash and Caroline Romash Applicant: Ross Romash and Caroline Romash Agent: Cody Thamann Address: 9707 NE 13th Ave Request: The applicant is requesting approval for the following: 1. New construction of a two-story single-family home totaling 9,975 square feet; (112,200 cubic feet) 2. New Seawall, and Dock 3. Exterior modifications including driveway, landscape, pool & pool deck, fencing, covered deck Mr. Cody Thamann (Agent spoke at the podium) described the application. Mr. David stated there are two issues he would like to address and have them be part of a condition that the applicant correct the septic system as it is shown to be partially underneath the proposed driveway; also that the a/c units to be screened to limit noise. The Board discussed the application and focused on the front façade and recommended revisiting the design Mr. Brady asked the agent to speak to the neighbors to get feedback. Mr. O’Hara stated that revisiting the design will help to make everyone happy. Public Comment: Andrew Stefanick- Asked staff about the drainage field being put under a driveway can that be possible? Mr. David stated that based on the county regulations he would have to verify. Chair Mr. Bolton stated that he has seen manholes being placed over the design of the driveway. 8 Motion to table by Mr. O’Hara seconded by Mr. Brady. 5-0. 8.I. RSP-23-118 Owner: Pedro L. Porras Applicant: Pedro L. Porras Agent: Lissandra Castillo Address: 220 NE 105th St Request: The applicant is requesting approval for the following: 1. Garage conversion for a covered patio and master bedroom 2. Exterior modifications including new driveway, landscape, fencing, covered deck Ms. Castillo (Agent spoke at podium) described the application. Mr. David asked that the applicant revise page A-100 as some items are not reflected of clear to staff. The palm tree shown in the location provided is not accurate and it is actually towards the west side of the walkway. The catch basin should be shown in the proper location. The Board then discussed the application. Motion to approve subject to staff conditions by Mr. Nappier III, seconded by Mr. Brady III. 5-0. 8.J. RSP-23-119 Owner: Jonathan Berkenstadt Applicant: Jonathan Berkenstadt Agent: N/A Address: 1301 NE 100 St Request: The applicant is requesting approval for the following: 1. A 3-car garage addition totaling 684 square feet 2. A gym addition totaling 545 square feet Mr. Victor Ceron (Agent spoke at the podium) described the application. Mr. David stated that the only comment the applicant would need to provide is the dimension from the north property line to the gym at the time of permitting. The Board discussed the project and previous approvals. Motion to approve subject to staff conditions by Mr. Brady, seconded by Mr. O’Hara III. 5-0. 8.K. RSP-23-120 Owner: Gregory Kutylo Applicant: Gregory Kutylo Agent: Victor Bruce Address: 848 NE 91st Ter Request: The applicant is requesting approval for the following: 1. Second floor addition totaling 1,983 Square feet; 2. First floor terrace addition totaling 545 square feet; both expansions totaling 3,549 square feet; (40,030 cubic feet total) 3. Façade modification 4. Exterior modifications including driveway, pool & pool deck, roof, landscape, covered terrace 9 Victor Bruce (Agent spoke at podium) described the application. Mr. Bruce stated that they are correcting the existing, interior renovation, and doing a façade modification. Motion to approve subject to staff conditions by Mr. O’Hara, seconded by Mr. Finkelstein III. 5-0. 8.L. RSP-23-122 Owner: Aslan Enterprise Group, LLC- Carolina M. Amaya Applicant: Aslan Enterprise Group, LLC- Carolina M. Amaya Agent: Raul Cruz Address: 525 NE 101st ST. Request: The applicant is requesting approval for the following: 1. New construction of a two-story single-family home totaling 6,401.62 square feet; 112,200 cubic feet 2. Exterior modifications including driveway, landscape, pool & pool deck, fencing, covered deck Mr. Raul Cruz (Agent spoke at podium) described the application. Mr. David stated that the applicant must meet the landscape requirements with Chapter 18A of Miami-Dade County. The Board discussed the application, design and its and neighboring residents’ concerns about the large street presence. Mr. Cruz responded the concerns. Public Comment: Barry Asmus- Is opposed to the construction of the home and is stating that it is a historic home and is adjacent to the property. There is a lack of green space and is concerned with the item on flooding concerns. Mr. Asmus stated that the neighbors did not have sufficient time to look over the plans. Katherine Garcia- States that she is offended with the design and it is out of character with the street and how massive it is in comparison to the other homes in the area. Jean Stefanick - She stated that it is not in harmony with the block and it does not belong with the character of the neighborhood. Andrew Stefanick-Same sentiments as previous commentator that it is not harmonious with the character of the neighborhood. Martha Kern - Ms. Kern feels it does not fit and it would be better by the bay. Mr. O’Hara moved to table seconded by Mr. Brady. 5-0. 8.M. RSP-23-123 Owner: Turnvill, LLC- Lionel Turnier Applicant: Turnvill, LLC- Lionel Turnier Agent: Raul Cruz Address: 590 NE 96th ST. The applicant is requesting approval for the following: 1. Expanding second floor terrace to 496 square feet 10 2. Accessory detached conversion into a cabana totaling 530.75 square feet 3. Exterior modifications including driveway, landscape, fencing, covered terrace Mr. Raul Cruz (Agent spoke at podium) described the application. Mr. Cruz discussed the condition of the existing residence and proposed renovations. The accessory building is only remodeling the doors and keeping the same footprint as it. The style of the home will be maintained throughout the project. Mr. O’Hara asked about the roof type is it going to be shingles or architectural? Mr. Cruz stated architectural. Move to approve by Mr. Brady seconded by Mr. Nappier III. 5-0. 9. PUBLIC COMMENTS - 2-Minute Time Limit 10. BOARD MEMBER COMMENTS Mr. O'Hara asked on an update on the public notice requirements. Mr. David also stated that staff is bringing back the remaining Comprehensive Plan Elements, bringing a new zoning code amendment to create a new Community Residential District, a new zoning map will clean up the existing one that is not clear. The next phase is condense some of those districts and to clear the agenda for next month. 11. NEXT REGULAR BOARD HEARING – February 22, 2024 12. ADJOURNMENT