DRIVEWAY PERMITPLANNING BOARD AGENDA OF
masonry construction requirement.
atiami Jhores
February 27, 1997
Name of Owner /Applicant Barbara C . Labourde t t e
i 1r.M NO. 2
Phone No.
Name of Architect/Contractor Phone No.
Address of Property, and/or Legal Description 58 N. E . 92nd S tree t
Nature ofRequest Approval of variance to oernit a driveway in the side setback
and construction of a wood frame stucco addition.
Present Zoning R -20
Area of Present Building
Area of Proposed Addition
Total Area
Parking Spaces Provided
Parking Spaces Required with Addition
Setbacks as per Code : Front Side Rear
Setbacks Provided : Front Side Rear
V ariancesandagaUgg Schedule of Rezu ations for setback reou.irement and
Council Action Required
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Barbara C. Labourdette
58 N.E. 92nd Street
Miami Shores, FL 33138
TO: Miami Shores Planning and Zoning Board
REG: Request for hardship variance article VII, section 702.
In response to items A - D.
A) Length of property from alley to rear services entrance door.
B) When it rains it becomes virtually impossible to drive my vehicle this long
distance and be able to successfully drive back out, after the vehicle has been
sitting in wet grass /dirt due to tire indentations. The suppressions of the tires
were so deep that I tripped carrying my new born child.
C) By granting this hardship variance it will allow my family to have use of this
area without it being a hazard to us.
D) This variance would be in harmony with the intent and purpose of this
ordinance due to the fact that it is kept within property guidelines and at the
mouth of an existing rear alley way entrance.
We feel that our choice of this driveway would not be detrimental to any and all
development of property in the vicinity and our neighbors due to the fact that it is
kept within property line, and it is kept within esthetics of the community.
Barbara C. Labourdette
58 N.E. 92nd Street
Miami Shores, FL 33138
TO: Miami Shores Planning and Zoning Board
REG: Request for hardship variance article VII, section 702.
In response to items A - D.
A) Trying to conform to the esthetics of our house.
B) Due to extension of room.
C) We deem this variance necessary in order to enable us to have our room
extension.
D) 1. Continuing the format of the home
2. The layout would not fall out of the structural boundaries.
3. This would not jeopardize in view to any and all neighboring properties.
5582 N,W 771-1 STREET. SUITE 202
MIAMI. FLORIDA 33128
TELEPHONE: (305) 220-3171
FAX: (305) 554-7822
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ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK NO. AT PAGE NO. 7° OF THE PUBLIC
RECORDS OF Z COUNTY, FLORIDA.
PROPERTY ADDRESS:.___. L ;V El_ 2I1" .% /:/:)/-i; ..:,-//z.. .,-,.-7-= /."'"
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MIAMI, FLORIDA 33128
TELEPHONE: (305) 220 -3171
FAX: (305) 554 -7822.
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PLANNING BOARD AGENDA OF February 13, 1997
Name of Owner /Applicant Barbara C. Labourdette
ITEM NO. 6
Address ofProperty, and/or Legal Description 58 N.E. 92nd Street
Phone No.
Name of Architect/Contractor Phone No.
NatureofRequest Approval of variance to permit a driveway in the side setback
and construction of a wood frame stucco addition.
Present Zoning R -20
Area of Present Building
Area of Proposed Addition
Total Area
Parking Spaces Provided
Parking Spaces Required with Addition
Setbacks as per Code : Front Side Rear
Setbacks Provided : Front Side Rear
1 . 1 ariancesigNikgating Schedule of Regulations for setback requirement and
masonry construction requirement.
Council Action Required
Planning Board Action
Council Action
Director of Building and Zonin?
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Barbara C. Labourdette
58 N.E. 92nd Street
Miami Shores, FL 33138
TO: Miami Shores Planning and Zoning Board
REG: Request for hardship variance article VII, section 702.
In response to items A - D.
A) Trying to conform to the esthetics of our house.
B) Due to extension of room.
C) We deem this variance necessary in order to enable us to have our room
extension.
D) 1. Continuing the format of the home
2. The layout would not fall out of the structural boundaries.
3. This would not jeopardize in view to any and all neighboring properties.
4
MIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING
FEBRUARY 13, 1997
The regular meeting of the Planning & Zoning Board was held on Thursday, February 13, 1997 in
the Chamber of the Village Hall commencing at 7:30 P.M. The meeting was called to order with
the following members present:
Present: Cliff Walters, Chairman
Thomas J. Caldwell
Frank Hegedus
Les Forney
Absent: Robert Blum
Also Present: Mark Ulmer, Village Attorney
Frank LuBien
Lisa Kroboth
ITEM #1 MINUTES - JANUARY 23, 1997
Mr. Caldwell moved for approval of the January 23, 1997 minutes as submitted. Mr. Hegedus
seconded the motion. The vote was unanimous in favor.
ITEM #2 REQUEST FOR APPROVAL OF PLACEMENT OF A DISASTER MEDICAL
ASSISTANCE UNIT. Miami Shores Village
Mr. Tom Benton, Assistant Village Manager, explained that the Village Manager was seeking the
Board's opinion on the placement of a disaster medical assistance unit. The unit is stocked with
medical supplies and maintained for five years with the provision that a corporate sponsor be
allowed to advertise on the outside of the unit. Mr. Benton noted that the Code does not address
the zoning of such a unit. However, Mr. Ulmer noted that the Code is specific as to advertising/
billboards. As the unit must be accessible by air rescue, it is recommended that the unit be placed
on the five acre field to the north of the Country Club.
There was discussion regarding the purchase of the unit without the corporate sponsorship and
the cost associated with the upkeep. Mr. Forney questioned the liability limitations on the unit.
He also noted that the area recommended for the unit placement may be in a flood zone which
would not be useful in the event of a hurricane. Mr. Forney suggested that the unit be located
closer to the fire station. He also stated his reservations for the community need of such a unit
Mr. Hegedus concurred stating that since the sole reason for the unit is to advertise, it would not
be viable situation.
Planning & Zoning
February 13, 1997 Page 2
Mr. Walters suggested that the unit would be an asset to the community in the event of an
emergency and the need should not be underestimated. He expressed concern in regards to the
location of the unit since the Board has tried to maintain the single - family integrity of the area on
Biscayne Boulevard. Mr. Ulmer clarified the land use designation of the suggested location.
Mr. Caldwell moved that the request for approval as submitted be denied and asked that the
Village further investigate the cost of the unit without corporate sponsorship. Mr. Forney
seconded the motion. The vote was unanimous in favor.
ITEM #3 REQUEST FOR APPROVAL OF PLANS FOR FLAT ROOF ADDITION
Margarita Owens 798 NE 98 Street
Mr. LuBien noted that the flat roof addition is within the prescribed limitations as per the Code.
He noted that the roof is not visible from the street as it is in the rear of the residence.
Mr. Hegedus moved for approval of the plans for flat roof addition. Mr. Caldwell seconded the
motion and the vote was unanimous in favor.
ITEM #4 REQUEST FOR APPROVAL OF PLANS FOR CARPORT AND COVERED
DROP -OFF AREA. Archdiocese of Miami 9401 Biscayne Blvd.
Mr. LuBien explained that the applicant is requesting approval for two additions. He noted that
both additions are within the setback requirements and there is no effect on the available parking
spaces. There is merely an enhancement to the use of the building.
Mr. Caldwell moved to approve the request as submitted. Mr. Hegedus seconded the motion and
the vote was unanimous in favor.
ITEM #5 REQUEST FOR APPROVAL OF CHANGE TO PLANS FOR EXTERIOR
RENOVATIONS. Henry Everett 9600 -40 NE 2" Avenue
Mr. LuBien explained that there is a problem with the structural integrity of the mansard located
on the southeast corner of the building. Mr. Gene Parry, agent for the Everett building, was
present on behalf of the applicant. He stated that the "eyebrow" of the building cannot support
the proposed mansard. He asked that the "eyebrow" be left as is, without a mansard.
Mr. Franklin Grau, the architect, stated that the parapet on that portion of the building is frame
construction. However, the detail for that portion of the building was for masonry construction.
The engineer provided a letter which stated that the weight of the roofing material would collapse
the parapet. Mr. Grau concurred with the engineer. Mr. Walters expressed his concern for the
Planning & Zoning February 13, 1997 Page 3
requested changes which reduce the design of the building. Discussion regarding alternative
roofing materials ensued. Mr. Grau noted that the detail could be redesigned with no aesthetic
change. Mr. Parry stated that the changes would increase the cost of the project as well as delay
it.
Ms. Sally Hensen was also present on behalf of Parry Realty. She stated the engineer reported
that the whole corner would have to be rebuilt to support the tile roof. Mr. Ulmer noted that the
Code specifies the materials for roofs and mansards and the Board must consider this in making
their decision. Mr. Caldwell asked if there would be a congruous look to the building if the
change was approved. Mr. Grau replied that aesthetically, the building would suffer not having
the roof as it was designed as this is a prominent corner in the Village. Mr. Hegedus expressed
his approval of the appearance of the corner as it now stands. Mr. Forney noted that the architect
has estimated that the corner could be completed as designed with a minor detail change and
without a major delay. He stated that he would like the building to be completed as originally
designed.
Mr. Hegedus moved to approve the request for a change to the exterior renovations. The motion
died due to a lack of a second. Mr. Caldwell moved that the request for changes to the exterior
renovations be denied. Mr. Forney seconded the motion. The vote was as follows: Yes - Mr.
Caldwell, Mr. Walters, Mr. Forney. No - Mr. Hegedus.
ITEM 46 REQUEST FOR APPROVAL OF VARIANCE TO PERMIT A DRIVEWAY IN
THE SIDE SETBACK AND CONSTRUCTION OF A WOOD FRAME
STUCCO ADDITION. Barbara Labourdette 58 NE 92n Street
Mr. LuBien explained that the driveway is already in place and is located in the side setback. The
addition is stucco on wood frame, which is not a permitted material. The Board reviewed the
considerations for a hardship variance presented by the applicant. Manuel Martinez, the
applicant's husband, was present. Discussion regarding pursuing the contractor for negligence
ensued as no permit was obtained for the work performed.
Mr. Martinez provided photographs of the driveway for the Board's perusal. Mr. Walters
inquired as to where the off street parking would be located should the driveway be removed.
Mr. Martinez stated there was an asphalt area in the swale. Mr. Forney noted that there is a basis
to grant a variance based on the unusual shape of the property. Mr. Caldwell expressed his
opposition stating that there are other locations on the property for the driveway.
Mr. Forney moved to grant a variance for the driveway and deny the variance for the wood frame
addition. Mr. Hegedus seconded the motion. The vote was as follows: Yes - Mr. Walters, Mr.
Forney. No - Mr. Caldwell, Mr. Hegedus.
/-•
Planning & Zoning February 13, 1997 Page 4
Mr. Caldwell moved that both requests for a variance be denied. Mr. Hegedus seconded the
motion. The vote was as follows: Yes - Mr. Caldwell, Mr. Hegedus. No - Mr. Forney, Mr.
Walters.
Due to the split decision of the Board, the requests were considered individually. Mr. Caldwell
moved to deny the request for a variance to permit a driveway in the side set back. Mr. Hegedus
seconded the motion. Mr. Forney noted that a tie vote would defeat the motion under the
parliamentary procedure of Roberts Rules. This motion was not voted on nor was it rescinded.
Mr. Caldwell moved to deny the request for a variance for the wood frame stucco addition. Mr.
Forney seconded the motion. The vote was unanimous in favor.
Mr. Forney moved to approve the variance for the driveway. Mr. Hegedus seconded the motion.
The vote was as follows: Yes - Mr. Forney, Mr. Walters. No - Mr. Caldwell, Mr. Hegedus. The
motion was defeated.
Discussion regarding the consideration of reasonable use of the property as a requirement of a
hardship variance took place between the Village Attorney and the applicant.
ITEM #7 BOARD COMMENTS
Mr. Hegedus asked that the Village pursue avenues for stopping unlicensed contractors from
operating within Miami Shores. Mr. Ulmer noted that the property owner is ultimately
responsible for obtaining the correct documentation when performing work on the property.
Mr. Ulmer noted that the Board should hear from the applicants if they are present to provide
testimony.
ITEM #8 ADJOURNMENT
The February 13, 1997 meeting of the Planning & Zoning Board was adjourned at 9:05 P.M.
Elizabeth A. Kroboth, Recording Secretary
Cliff Walters, Chairman
ADDENDUM: Per Section 19 -18 of the Village Code of Ordinances, Board action can be
taken only by a majority vote. Per the Village Attorney, applicant, Barbara
Labourdette must be reheard in reference to the request for a variance to
permit a driveway in the side setback.
Lot
Owner, Agent or Tenant of Building
Street Address
Remarks : Master permit No. 37455
I 11
GLC c'; Awe
�Ll LLL� � Gj e
BUILDING AND ZONING DEPARTMENT
10050 N E SECOND AVENUE
MIAMI 5,4ORES. PL0R1DA 33138-2382
TE:_EPH0 E 305) 7 35-2204
FAX (305) 756 - 89 7 2
CERTIFICATE OF OCCUPANCY
No. 2011 Date August 3, 1995
Block
58 N.E. 92nd Street
Approved use by occupancy Single family residence
National Mortgage Company
Subdivision
This Certificate of Occupancy is issued to the above named
owner for building at above named location only upon the
express provision that the applicant will abide by and comply
with all conditions of Ordinances Nos. 92, 93, 94 and 97, known
as the Zoning, Electrical, Plumbing and Building Ordinances of
Miami Shores Village pertaining to the erection, construction,
alteration or remodeling of buildings or structures.
Frank Lubien, Director, BUILDING DIVISION