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545 NE 92 St (2)CHIROPRACTOR DISORDERS OF THE HEAD, NECK AND BACK AUTOMOBILE ACCIDENTS, INDUSTRIAL INJURIES 514 WEST FORTIFICATION JACKSON, MISS. 39203 969 -5857 DR. JOSEPH M. PIERRE t 106"7)40)),_ HRS.: MON. THRU FRI. 9- 1262 -6 SAT. BY APPOINTMENT • • L _° ob n O• A rn rn WHEREAS, Joseph Pierre, as the owner of certain land situated within Miami Shores Village, Florida, Petitioned for the approval RESOLUTION NO. 912 -93 'RESOLUTION OF MIAMI SHORES VILLAGE COUNCIL !APPROVING DIVISION OF LAND WITHOUT PLAT AS SAME AS SET FORTH IN SKETCH OF SURVEY PREPARED BY FORD ARMENTEROS & MANUCY, INC., PREPARED FOR DR. JOSEPH PIERRE UNDER CERTIFICATE DATED OCTOBER 14, 1991, REVISED JULY 13, 1993; SAID LAND BEING SITUATED IN MIAMI SHORES VILLAGE, FLORIDA, AND LEGALLY KNOWN AND DESCRIBED AS LOTS 15, 16 AND 17, BLOCK 57, MIAMI SHORES SECTION NUMBER 2, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 10 AT PAGE 37 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. of a divi §ion of said land without Plat, and WHEREAS, the Miami Shores Village Planning and Zoning Board has heretofore reviewed and approved said Petition, and WHEREAS, said Petition appears to be in appropriate form and entitled to the approval of this Council, BE IT RESOLVED BY THE COUNCIL OF MIAMI SHORES VILLAGE FLORIDA, that the Petition for the division of land without Plat as same is set forth in sketch of survey prepared by Ford, Armenteros & Manucy, Inc. for Dr. Joseph Pierre under Certificate dated October 14, 1991, and revised under date of July 13, 1993, be and the same is hereby approved. PASSED AND ADOPTED this 21 day of September, 1993. MIAMI SHORES VILLAGE ATTEST: Scott W. Davis Village Clerk APPROVED AS TO FORM: William F Fann, Jr. Village Attorney William J. effern a yor aiami cfhores91llage F L O R I D A PLANNING BOARD AGENDA OF .....% YA GZ /9�iZ ITEM NO. 3 �®/!�. S7 / /Re/yy/ . Name of Owner /Appl i cant.jacEDy P/b 2L Phone No. M9 -. j`% Address of Property, and /or Legal Description c�7 // . < .r> Nature of Request ,P,,fL 4t 4' W4 /, OG PLC Present Zoning , — /75 Area of Present Building Area with Proposed Addition Parking Spaces Provided Parking Spaces Required with Addition Setbacks as per Code Setbacks Provided Variances oning Change/Vol 7 /S /S' �iP-bZ./,l�i/4/1 9( 11/41 1/6i ,. A7N,4,. PL47 w /a r-azaa. Counci 1 Action Requi red E S Date of Applicant Notification Planning Board Action ACTR- i 1) ,cti Council Action / 4.4,44v Director of Building and Zoning t° La gho fZv 69. U 4 • Ri4tr's 44°1 am' Irpn A 5 7• s pi Te/epnon e Po B PLANNING & ZONING BOARD REG MTG -2- 11/14/91 Mr. Fernandez noted this is a unique situation and not an eyesore, read the four criteria for Hardship Variance which Mr, Lin meets, Mr, Lin noted the antenna had been in place many years and he assumed it was ok. It was seen only when he decided to trim trees and cut foliage back. Mr, Walters moved to approve the request as submitted, seconded by Mr. McClure. Mr. Laubenthal amended the - motion to request same planting on the southeast aide .to screen the antenna from Biscayne B1vd, the amendment was accepted by Mr. Walters and Mr. McClure, and passed unanimously. It was suggested that Mr, LuBien might send a letter to Department of Professional Regulation concerning the contractor who did not obtain the proper permits when doing the work. Mr. LuBien advised Mr. Lin that the issue must be approved by Council, 4. REQUEST FOR APPROVAL OF WAIVER OF PLAT DR. JOSEPH PIERRE, 557 N. E. 92nd STREET Dr. Pierre was not present. He is in Paris, at this time, his surveyor, Omar Armenteros, P.L,S. was present to represent him. Mr. LuBien highlighted on the sketch copy where the driveway would come, The newly created lot will be 75 X 127 which exceeds the minimun frontage and the minimun square footage area, It is planned that the garage on the west side of the house will be removed creating a new 10' setback for the existing structure, Mr. Armenteros said the the plans fit the specifications of the Village so far as requirements for setbacks. The plan is to place another house on the newly created lot. Mr. Laubenthal very strongly objects to the Waiver of Plat for a number of reasons. Mr. Walters raised the question of policy of notifying neighbors on the street for their opinion. He was advised it is not required so long as the agenda is posted. Mr. Walters feels the person seeking the waiver should be billed for notification. In looking at a location map, Mr. McClure was advised, in response to query, that all lots in the block are 50' lots except the 2 end lots. He has a major problem in what is left. Is the property in harmony with the rest of the community once the 75' is removed, what is left should be acceptable. Also Mr. Fernandez noted that the building architecture would be destroyed in re- building. He was very strongly opposed to the waiver, Ms. Stephanie Morrow stated she has lived in her house next door for approximately four years, She objects strongly to the waiver of plat for a number of reasons. In attempts, she has been unable to speak with the owner con- cerning his intentions. In reply to query, Mr, LuBien suggested a preliminary waiver prior to demolition of the building. He gave an example, a lot at 94th St & 3rd Ave, Much discussion continued concerning notification of surrounding property owners and Historic designation questions were raised, Mr. Armenteros asked several questions concerning the waiver, Mr. LuBien answered the questions, Mr. Pitkin agrees with Mr. LuBien and the surveyor in that the interest is not the waiver of plat but the site plan left. Mr. Fernandez rebuttaled his statement. Mr. Armenteros noted, he has no personal knowledge of the owners intent, Mr. Laubenthal moved to table the request to the next regular meeting of December 12, seconded by Mr, McClure and carried unanimously. MIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING January 23, 1992 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on January 23, 1992. The meeting was called to order at 7:30 P.M. by Chairman, Mr, Fernandez, with the following members present: Richard M, Fernandez, Chairman Les Forney Thomas Laubenthal Larry T. McClure Cliff Walters Also present: Frank LuBien, Director of Building & Zoning The agenda was amended to add item number 5A - Minutes of the meeting of Wednesday, January 22, 1992 by a motion by Mr. Laubenthal, seconded by Mr. McClure, and passed unanimously. 1. MINUTES - JANUARY 9, 1992 The minutes of the meeting of January 9, 1992 were approved, as corrected, by a motion made by Mr, Laubenthal, seconded by Mr, McClure, and passed by a unanimous vote, 2, REQUEST FOR APPROVAL OF PLANS FOR ALTERATION AND ADDITION JOSEPH PIERRE, 557 N. E. 92nd STREET Mr. LuBien introduced the case, stating that all pertinent information is in Members packet. At the previous meeting the waiver of plat was discussed & Members expressed the desire to see something in a drawing of exactly what is planned. He showed and explained a composit hoto and rendering of how the house will look when the work is complete, a house is not designated a Historic Landmark, Mr. Scott Jay, Attorney was present to represent Dr, Joseph Pierre, He stated they have complied with the required setbacks, The garage on the exist- ing house was added later. Mr. Fernandez in addressing Dr, Pierre, the owner, asked if he planned to stay in the house. This information will aid the Members to ascertain if they are addressing Dr. Pierre's request or a potential buyer. Dr. Pierre stated he does plan to stay in the house, The house is very small and he wants to add a pool and bath and closet space. The new garage will not occupy the den area. Discussion continued, Mr. Smith, architect replied to Mr. McClure that the water holding tank will be removed, He also clarified for Mr. McClure where the proposed demolishion will be. There was much continued discussion concerning the cost, rear wall, the new 75' lot to be built on and the existing garden wall on the west side of the house. This 9' wall could be reduced to 5 Members raised concerns seeing a beautiful home cut up and set a precedent of subdivision, but cannot deny the request, The Board wants to maintain harmony and the architectural integrity, Mr. Forney moved to approve the request with the removal of the wall, seconded by Mr. Laubenthal for discussion, Mr. McClure commented Members must consider the changes being made to the house as being in harmony with the house and the community or the request can be denied, His major concern is in removing the wall which belongs there, he would PLANNING & ZONING BD REG MTG -2- 1/23/92 however; be willing to have the wall reduced in height, He does not like the term modify wall. Mr. LuBien would have no problem enforcing the code if the motion states the southwest garden wall will be reduced to 5' or less, This was made a part of the motion, the question was called and the motion passed unanimously. 3. REQUEST FOR APPROVAL OF PLANS FOR WAIVER OF PLAT JOSEPH PIERRE, 557 N. E, 92nd STREET The previous request and discussion was for the alteration and addition to the existing house. No discussion was forthcoming for the waiver of plat. Mr. Forney moved the request be approved, the motion was seconded by Mr. Laubenthal and carried unanimously. It was clarified this is a preliminary waiver, also that it must go to Council. 4, REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE GLADSTONE PHILLIPS, 1248 N. E, 9.8th STREET Besides the information in Members packet, Mr, LuBien gave Members a complete copy of sealed plans for their review, Mr. & Mrs, Phillips indicated he wants to use the garage for storage and laundry. The door needs to be replaced and enclosure seemed better than replac- ing the door, It is not being finished as living quarters, Mr, Fernandez explained the reason for scrutinizing the enclosure, the guidelines and plumbing in the garage. Discussed also were the awning type windows installed to match the other windows, the basketball post and the desire that it not look like a garage when finished and the driveway cutback, A five minute break was taken, The meeting reconvened at 8 :25 P.E. Mr, Laubenthal made a motion to approve the request provided the driveway is cut back a minimum of 5', The motion was seconded by Mr, McClure and carried unanimously. Mr, Phillips commented he does understand the intent, 5, APPEAL OF BUILDING OFFICIAL'S CODE INTERPERTATION ROBERT COOK, 74 N, E, 111th.STREET Mr, LuBien indicated letters regarding the situation are in Members packet, Mr, LuBien stated that as far back as he can recall, when he began to work for Miami Shores Village, white tile was grey tile painted white, This has always been the policy of accepting this as a white roof. It is Mr,.ilook's contention that white roof should be white cement tile and the color white be impregnated throughout. He noted the narrow issue of appeal appears on pg 1569, Sec 225, 1 -4, Mr, Cook disagreed with the item as it appears on the agenda. He noted he is requesting Members interpertation of the code, He produced tile samples from roofing manufacturers, and stated he feels as noted in (3) his roof should be white impregnated throughout the tile and not painted as was done, Y liami cJ k°" res O l e F �� �� L O L 1 D A PLANNING BOARD AGENDA OF /(/v�/ /• /f9/ ITEM NO. a4 S re/ /9.4A:L mod- 7f<'7 Name of Owner /Appl i cant,DR.....70Se Are,P - Phone No. 99 �aM7 Address of Property, and /or Legal Description ..53,7/4/L" 92$z' Nature of Request / */2O 2/ %ir9 /deX 0/ Present Zoning `" /7,,.5' Area of Present Building Area with Proposed Addition Parking Spaces Provided Parking Spaces Required with Addition Setbacks as per Code Setbacks Provided Council Action Required Date of Applicant Notification Planning Board Action Council Action Ukvtii Variances oni ng Change /ROTC..; 777 /S feir/4ir5/4°4. f /.c/•9G OI�T W /// `D / /aa/ Director of Building and Zoning June 21, 1993 Mr. Scott Jay 420 Lincoln Road Miami Beach, FL 33139 Re: 557 NE 92 Street Dear Mr. Jay: BUILDING AND ZONING DEPARTMENT 10050 N.E. SECOND AVENUE MIAMI SHORES, FLORIDA 33138-2382 TELEPHONE (305) 795-2204 FAX (305) 756-8972 As you know, Dr. Joseph M. Pierre was requested a final inspection on the above I approved. He then wanted to know what finalizing the waiver of plat for this would review the documents to establish Sincerel Frank Lubien, Director Building and Zoning in Miami last week. He captioned property, which the next step would be in property. I told him I the next required action. The original request was for the approval of a preliminary waiver of plat, with the stipulation that a final plat would follow. In as much as all required renovations and improvements have been made, it is time for the final presentation of this waiver of plat. When the final documents are ready, please call me and I will place this item on the agenda for Planning and Zoning approval. Please call if I can be of further assistance in this matter. MIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING January 23, 1992 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on January 23, 1992. The meeting was called to order at 7 :30 P.M. by Chairman, Mr, Fernandez, with the following members present: Richard M, Fernandez, Chairman Les Forney Thomas Laubenthal Larry T. McClure Cliff Walters Also present: Frank LuBien, Director of Building & Zoning The agenda was amended to add item number 5A - Minutes of the meeting of Wednesday, January 22, 1992 by a motion by Mr. Laubenthal, seconded by Mr. McClure, and passed unanimously. 1. MINUTES - JANUARY 9, 1992 The minutes of the meeting of January 9, 1992 were approved, as corrected, by a motion made by Mr, Laubenthal, seconded by Mr. McClure, and passed by a unanimous vote, 2. REQUEST FOR APPROVAL OF PLANS FOR ALTERATION AND ADDITION JOSEPH PIERRE, 557 N. E. 92nd STREET Mr. LuBien introduced the case, stating that all pertinent information is in Members packet. At the previous meeting the waiver of plat was discussed & Members expressed the desire to see something in a drawing of exactly what is planned. He showed and explained a composit hoto and rendering of how the house will look when the work is complete. The house is not designated a Historic Landmark, Mr. Scott Jay, Attorney was present to represent _ Dr, Joseph Pierre. He stated they have complied with the required setbacks. The garage on the exist- ing house was added later. Mr. Fernandez in addressing Dr. Pierre, the owner, asked if he planned to stay in the house. This information will aid the Members to ascertain if they are addressing Dr, Pierre's request or a potential buyer. Dr. Pierre stated he does plan to stay in the house. The house is very small and he wants to add a pool and bath and closet space. The new garage will not occupy the den area. Discussion continued, Mr. Smith, architect replied to Mr. McClure that the water holding tank will be removed, He also clarified for Mr, McClure where the proposed demolishion will be. There was much continued discussion concerning the cost, rear wall, the new 75' lot to be built on and the existing garden wall on the west side of the house. This 9' wall could be reduced to 5E. Members raised concerns seeing a beautiful home cut up and set a precedent of subdivision, but cannot deny the request. The Board wants to maintain harmony and the architectural integrity, Mr. Forney moved to approve the request with the removal of the wall, seconded by Mr. Laubenthal for discussion, Mr. McClure commented Members must consider the changes being made to the house as being in harmony with the house and the community or the request can be denied, His major concern is in removing the wall which belongs there, he would PLANNING & ZONING BD REG MTG -2- 1/23/92 'however; be willing to have the wall reduced in height, He does not like the term modify. wall. Mr. LuBien 'would have no problem enforcing the code if the motion states the southwest garden wall will be reduced to 5' or less, This was made a part of the motion, the question was called and the motion passed unanimously. 3. REQUEST FOR APPROVAL OF PLANS FOR WAivM( OF PLAT JOSEPH PIERRE, 557 N. E, 92nd STREET The previous request and discussion was for the alteration and addition to the existing house. No discussion was forthcoming for the waiver of plat. Mr. Forney moved the request be approved, the motion was seconded by Mr. Laubenthal and carried unanimously. It was clarified this is a preliminary waiver, also that it must go to Council. 4, REQUEST FOR APPROVAL OF PLANS FOR•GARAGE ENCLOSURE GLADSTONE PHILLIPS, 1248 N. E, 98th STREET Besides the information in Members packet, Mr, LuBien gave Members a complete copy of sealed plans for their review, Mr. & Mrs, Phillips indicated he wants to use the garage for storage and laundry. The door needs to be replaced and enclosure seemed better than replac- ing the door, It is not being finished as living quarters, Mr, Fernandez explained the reason for scrutinizing the enclosure, the guidelines and plumbing in the garage. Discussed also were the awning type windows installed to match the other windows, the basketball post and the desire that it not look like a garage when finished and the driveway cutback, Mr, Laubenthal made a motion to approve the request provided the driveway is cut back a minimum of 5', The motion was seconded by Mr, McClure and carried unanimously. Mr, Phillips commented he does understand the intent, 5, APPEAL OF BUILDING OFFICIAL'S CODE INTERPERTATION ROBERT COOK, 74 N. E, 111th.STREET Mr, LuBien indicated letters regarding the situation are in Members packet, Mr, LuBien stated that as far back as he can recall, when he began to work for Miami Shores Village, white tile was grey tile painted white. This has always been the policy of accepting this as a white roof. It is Mr,.iook's contention that white roof should be white cement tile and the color white be impregnated throughout. He noted the narxow issue of appeal appears on pg 1569, Sec 225, 1 -4, Mr, Cook disagreed with the item as it appears on the agenda. He noted he is requesting Members interpertation of the code, He produced tile samples from roofing manufacturers, and stated he feels as noted in (3) his roof should be white impregnated throughout the tile and not painted as was done, A five minute break was taken, The meeting reconvened at 8 :25 P.M, Mayor Johnson Herb Spahn Henry T. Courtney Stephen Loffredo Robert Cook Also present: Gall Macdonald William F. Fann MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MARCH 3, 1992 ITEM *2 PLANNING AND ZONING ITEMS: The regular meeting of the Miami Shores Village Council was held on March 3, 1992, at the Miami Shores Village Hall commencing at 7:31 p.m. with the following members present: Mayor Johnson and Lela Jacobson presented Mobile Patrol awards. Mayor Johnson presented the National Certificate For Excellence In Financial Reporting to Village Finance Director, Patricia Varney. ITEM *1 MINUTES Mr. Spahn moved approval of the minutes from the 2/18/92 Regular Council meeting. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mr. Spahn moved approval of the minutes from the Cable TV Public Hearing of 2/25/92. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Recreation Advisory Board 1/13/92 Planning and Zoning Board 1/23/92, 2/13/92 a. Request for approval of variance to permit room addition. Mr. LuBien Introduced the Item and stated that the home was built before the Village was Incorporated and Is non - conforming to the Code. Mr. Cook moved to accept P &Z's recommendation for approval. Mr. Spahn seconded the motion and the vote was unanimous In favor. b. Request for approval of waiver of plat. Mr. LuBien Introduced the Item and stated that P &Z has approved the application. Mr. Fann stated that the applicant Is not entitled to a waiver of plat until some conditions are met. He stated that the request Is premature. Mr. Spahn moved to table the request for approval of the waiver of plat until condltlons are corrected. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mr. Fann stated that when the condltlons are corrected the waiver of plat will be automatic. He stated that if It were not for the existing conditions at this time the applicant would be entitled to the waiver. c. Report from the Planning and Zoning Board on the definition of gasoline station. Mayor Johnson stated that In the report the definition Is not Absent: Cliff Walters MIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING AUGUST 26, 1993 The regular meeting of the Miami Shores Planning & Zoning Board was held on August 26, 1993. The meeting was called to order at 7:34 P.M. by Chairman McClure with the following members present: Larry McClure Charles smith Les Forney Tom Laubenthal Also Present: Mr. Frank LuBIen,Dlrector of Building & Zoning 1. Minutes - August 12, 1993 Mr. Forney made a motion to approve the minutes as submitted. Mr. Laubenthal seconded the motion and it passed unanimously. 2. Request for approval of flat roof addition. Javier Valera 9230 NE 2 Avenue After a discussion, Mr. Laubenthal moved to approve the plans as submitted by Mr. Valera. Mr. Forney seconded the motion and it passed unanimously. 3. Request for approval of plans for store front removat1ons. Mr. George H. Bennett 9531 NE 2 Avenue Mr. LuBien explained that the store front will be enclosed with a gunite wall and that it meets all the requirements of the Village code. After a discussion, Mr. Laubenthal moved to approve the plans for the store front renovation with the provision that the glass block panels be Increased In size to five horizontal courses of 8" glass blocks. Mr. Smith seconded the motion and It passed unanimously. 4. Request for final approval of waiver of plat. Mr. Joseph Pierre 5 1 l \y 1 �• 4431 5 5 7 NE 92 Street Mr. LuBien stated that Mr. Pierre has compiled with the quirements of the City for the waiver of plat. After further discussion, Mr. Forney moved to approve the waiver of plat. Mr. Laubenthal seconded the motion and It passed unanimously. re- PLANNING BOARD AGENDA OF /# l37 aZ!5'/ / /jy Name of Owner /Applicant ..T®.0 ZW ?,' eAt6' Address of Property, and /or Legal Description Nature of Request / /40 /f/, Me per" Present Zoning Area of Present Building Area with Proposed Addition Parking Spaces Provided Parking Spaces Required with Addition Setbacks as per Code Setbacks Provided Variances /Zoning Change /S/D Council Action Required Date of Applicant Notification Planning Board Action cfhores9ilinge F L O R 1 D 4 APPA., S(x,of ITEM NO. *Am L7 Phone No. A6f--;7 Council Action Director of Building and Zoning Mr. Frank Lubian Village of Miami Shores Building and Zoning Department 10050 N.E. 2nd Avenue Miami Shores, Florida 33138 Re: Waiver of Plat Dr. Joseph Pierre Dear Mr. Lubian: Pursuant to your instructions, enclosed please find five (5) copies of the revision to the above - referenced matter. Should you have any questions or require additional information, do not hesitate to contact us. Thank you for your usual consideration and courtesy. Since 1 R. Milan 7 elopment Consultant enclosures Ford, Armenteros & Manucy, Inc. August 12, 1993 8000 N.W. 31st Street, Suite 7, Miami, Florida 33122 Telephone (305) 477 -6659 • Fax (305) 470 -2805 RARc:fL 1 Atz,E,a NEr� 9, 56 5o g . 022 Acres N 1 , r -PorA vs/ ay 4 ii _ S zcyn /°ows. � 7wephone LinCj. r h o n e / T. • i7 0, brV /r/ +p ne� 1 rg ft 00 $ MIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING January 23, 1992 A regular meeting of the Miami Shores Village Planning AS Zoning Board was held on January 23, 1992. The meeting was called to order at 7 :30 P.M. by Chairman, Mr, Fernandez, with the following members present: Richard M, Fernandez, Chairman Les Forney Thomas Laubenthal Larry T. McClure Cliff Walters Also present: Frank LuBien, Director of Building & Zoning The agenda was amended to add item number 5A - Minutes of the meeting of Wednesday, January 22, 1992 by a motion by Mr. Laubenthal, seconded by Mr. McClure, and passed unanimously. 1. MINUTES - JANUARY 9, 1992 The minutes of the meeting of January 9, 1992 were approved, as corrected, by a motion made by Mr, Laubenthal, seconded by Mr. McClure, and passed by a unanimous vote, 2. REQUEST FOR APPROVAL OF PLANS FOR ALTERATION AND ADDITION JOSEPH PIERRE, 557 N. E. 92nd STREET Mr. LuBien introduced the case, stating that all pertinent information is in Members packet. At the previous meeting the waiver of plat was discussed & Members expressed the desire to see something in a drawing of exactly what is planned. He showed and explained a composit hoto and rendering of how the house will look when the work is complete. Tie house is not designated a Historic Landmark. Mr. Scott Jay, Attorney was present to represent ... Dr, Joseph Pierre, He stated they have complied with the required setbacks, The garage on the exist- ing house was added later. Mr. Fernandez in addressing Dr. Pierre, the owner, asked if he planned to stay in the house. This information will aid the Members to ascertain if they are addressing Dr. Pierre's request or a potential buyer. Dr. Pierre stated he does plan to stay in the house. The house is very small and he wants to add a pool and bath and closet space. The new garage will not occupy the den area. Discussion continued. Mr. Smith, architect replied to Mr. McClure that the water holding tank will be removed, He also clarified for Mr, McClure where the proposed demolishion will be. There was much continued discussion concerning the cost, rear wall, the new 75' lot to be built on and the existing garden wall on the west side of the house. This 9' wall could be reduced to 5'. Members raised concerns seeing a beautiful home cut up and set a precedent of subdivision, but cannot deny the request. The Board wants to maintain harmony and the architectural integrity, Mr. Forney moved to approve the request with the removal of the wall, seconded by Mr. Laubenthal for discussion. Mr. McClure commented Members must consider the changes being made to the house as being in harmony with the house and the community or the request can be denied, His major concern is in removing the wall which belongs there, he would PLANNING & ZONING BD REG MTG —2— 1/23/92 however; be willing to have the wall reduced in height, He does not like the term modify. wall. Mr. LuBien would have no problem enforcing the code if 'the motion states the southwest garden wall will be reduced to 5' or less, This was made a part of the motion, the question was called and the motion passed unanimously. 3. REQUEST FOR.APPROVAL OF PLANS FOR WAIVER OF PLAT JOSEPH PIERRE, 557 N. E, 92nd STREET The previous request and discussion was for the alteration and addition to the existing house, No discussion was forthcoming for the waiver of plat. Mr. Forney moved the request be approved, the motion was seconded by Mr. Laubenthal and carried unanimously. It was clarified this is a preliminary waiver, also that it must go to Council. 4, REQUEST FOR APPROVAL OF PLANS FOR'GARAGE ENCLOSURE GLADSTONE PHILLIPS, 1248 N. E,. 98th STREET Besides the information in Members packet, Mr, LuBien gave Members a complete copy of sealed plans for their review, Mr. & Mrs, Phillips indicated he wants to use the garage for storage and laundry, The door needs to be replaced and enclosure seemed better than replac— ing the door, It is not being finished as living quarters, Mr, Fernandez explained the reason for scrutinizing the enclosure, the guidelines and plumbing in the garage. Discussed also were the awning type windows installed to match the other windows, the basketball post and the desire that it not look like a garage when finished and the driveway cutback, A five minute break was taken, The meeting reconvened at 8 :25 P.M, Mr, Laubenthal made a motion to approve the request provided the driveway is cut back a minimum of 5', The motion was seconded by Mr, McClure and carried unanimously. Mr, Phillips commented he does understand the intent, 5. APPEAL OF BUILDING OFFICIAL'S CODE INTERPERTATION ROBERT COOK, 74 N. E. 'nth .STREET Mr, LuBien indicated letters regarding the situation are in Members packet, Mr, LuBien stated that as far back as he can recall, when he began to work for Miami Shores Village, white tile was grey tile painted white. This has always been the policy of accepting this as a white roof. It is Mr,.:Cook's contention that white roof should be white cement tile and the color white be impregnated throughout. He noted the narrow issue of appeal appears on pg 1569, Sec 225, 1 -4, Mr, Cook disagreed with the item as it appears on the agenda. He noted he is requesting Members interpertation of the code. He produced tile samples from roofing manufacturers, and stated he feels as noted in (31 his roof should be white impregnated throughout the tile and not painted as was done, MIAMI SHORES VILLAGE REGULAR COUNCIL MEE;ip MARCH 3, 1992 The regular meeting of the Miami Shores Village Council was held on March 3, 1992, at the Miami Shores Village Hall commencing at 7:31 p.m. with the following members present: Mayor Johnson Herb Spahn Henry T. Courtney Stephen Loffredo Robert Cook Also present: Gall Macdonald William F. Fann Mayor Johnson and Lela Jacobson presented Mobile Patrol awards. Mayor Johnson presented the National Certificate For Excellence In Financial Reporting to Village Finance Director, Patricia Varney. ITEM *1 MINUTES Mr. Spahn moved approval of the minutes from the 2/18/92 Regular Council meeting. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mr. Spahn moved approval of the minutes from the Cable TV Public Hearing of 2/25/92. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Recreation Advisory Board 1/13/92 Planning and Zoning Board 1/23/92, 2/13/92 ITEM *2 PLANNING AND ZONING ITEMS: a. Request for approval of variance to permit room addition. Mr. LuBien Introduced the Item and stated that the home was built before the Village was Incorporated and Is non - conforming to the Code. Mr. Cook moved to accept P &Z's recommendation for approval. Mr. Spahn seconded the motion and the vote was unanimous In favor. b. Request for approval of waiver of plate Mr. LuBien Introduced the Item and stated that P &Z has approved the application. Mr. Fann stated that the applicant Is not entitled to a waiver of plat until some conditions are met. He stated that the request Is premature. Mr. Spahn moved to table the request for approval of the waiver of plat until conditions are corrected. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mr. Fann stated that when the conditions are corrected the waiver of plat will be automatic. He stated that If It were not for the existing conditions at thls time the applicant would be entitled to the waiver. c. Report from the Planning and Zoning Board on the definition of gasoline station. Mayor Johnson stated that in the report the definition Is not