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04-01-1952 Regular Meeting 59 REGULAR MEETING .MIAMI SHORES VILLAGE COUNCIL April 1, 1952 A regular meeting of the Village Council of Miami Shores Village, Florida, was held at 7:30 oIclock P.M. , April 1, 1952, at the Village Hall, with the following Councilmen present: Mayor M. E. Reynolds George A. Frix Michael J. Franco William E. Carpenter S. D. Phillips, Jr. Absent: None Mr. Thomas H. Anderson, Village Attorney, was also present. Concerning the minutes, Mr. Frix asked that a correction be made to the minutes of the meeting of March 25 so that it will read, "Mr. Frix qualified his vote by stating that he could not conscientiously set aside an exist- ing ordinance by an.Aye vote. 11 The minutes of the last two meetings were then approved on motion made by Mr. Frix, seconded by Mr. Carpenter and passed unanimously. A letter was read from .Mr. S. M. Swerdlin, attorney,. concerning the "Outstanding,Man and Woman of the Year Day. It was requested that Miami Shores adopt and publish a proclamation to honor these people and upon motion made by Mr. Franco, seconded by Mr. Frix, issuance of such proclamation was unanimously passed. Next was a letter from Marine.Activities, Inc. asking that Miami Shores contribute at least $500 to the support and promotion of cruises and other 60 1 1 61 4/1/52 -2- marine events in this area. Mr. Carpenter moved that this be disapproved. Motion was seconded by'Mr. Franco and passed unanimously. The next item on the agenda was in regard to the water supply for River Bay Park Subdivision that is, N. E. 104th Street from 12th Avenue to the Bay. The Village Manager reported that he had received deposits for a water main on only 13 lots out of the total of 39 and recommended consideration of putting the water line in on a special assessment basis. . Mr. McCall stated that one house was already completed and has no water supply and that it would be to the benefit of the Village to furnish water to this area in order that it may be improved. The Village Attorney was instructed to look into the legal requirements of issuing and selling certificates for this special assessment and have a report at the next meeting. Concerning the Florida City Managers' meeting in Ocala, April 17, 18, 19, Mr. Carpenter moved that the Village Manager be authorized the expense money to attend the meeting, not to exceed $100. 00. Motion was seconded by Mr. Franco and passed unanimously. After a review of the unpaid bills, Mr. Franco moved they be approved. Motion was seconded by Mr. Frix and passed unanimously. The next business on the agenda was the American Legion petition for a change in zoning to.-permit the erection of a Legion home. . The Village Manager read the Planning.Board minutes in regard to this petition wherein the Planning Board had reviewed the petition and recommended its approval. Question arose as to whether or not the Planning Board had fully complied with.Ordinance sz 1 63 4/1/52 -3- No. 227 covering petitions for changes in zoning, insofar as they had not actually submitted a written report of their findings. The Village Attorney advised that this report should be on hand before action is taken on the petition by the Council. Since there was a member of the Planning Board present who stated, by having copy of the minutes that the planning Roa.rd presented to the Council, the Board considered and had ruled that it was in compliance with the ordinance and in view of the fact that proponents and opponents of the matter were both present, the Council decided to hear the matter on the minutes of the Planning,Board but ,that the Council did not sanction the method of procedure as being a departure from the ordinance and that a written report will be required from the Planning Board. Mr. George Meister of 30 N. E. 96th Street, stated that he would suggest in regard to any comments that there might be, that the people refrain from making them at this time and wait until such time as the Council proposes to act on the Planning,Board's recommendation, He felt it would be repetitious and as these people will be at the meeting when the.Council will act on the proposal, it would be more advantageous for them to be heard at that time. Mr. Meister concluded that he is definitely and very properly,interested in any zoning in this community, Mr. James Noel of 1270 N. E. 103rd Street, stated that they tried to find a home site for the "forgotten Legiona.ires" of Miami Shores and have now located a site which they believe is not a variance since they want to build a home in an apartment house zone. He stated that they are not asking to break the zoning down but are asking for a buffer to the apartment houses and would like approval of this site. Mr. Paul Kinney, president of the Shores Villas Corporation that owns the apartments directly across the street from the proposed Legion home, stated that if the Legion has sufficient funds to build and complete a home with ample .off-street parking, he felt it would be an asset to the Village and the Shores Villas* and had no objection to the change in zoning for this purpose. Mr. Henry DeGraff of 1161 N. E. 98th Street, stated that the Legion is tired of being pushed around. They didn't deserve it and should be given more consideration. In the past six or seven years they have been meeting in the Community House and no one .can point out that they have caused any annoyance to anyone or that they haven't been good citizens. E4 1 1 65 4/1/52 -4- Mr. 4-Mr. C. .F. Scholl, 680 N. E. 93rd.Streetx spoke on re-zoning occurring in the Shores during the last few years with reference to Mt. Vernon and Pickin'-Chicken as resulting examples. He said there is plenty of land for business purposes and asked why the Legion home can't be put on business property. Mr. School presented two pictures to the Council, - one showing an unsightly line of garbage cans on the north side of the Pickin' Chicken Restaurant facing the apartments. The other picture was of the front of the Shores Villas apartments, indicating that they would face the garbage cans, which,- he stated would indicate that the apartments need something to screen them, Mr. Joseph Hoefker of 9220 Biscayne Blvd. , stated.that he had never seen-a nice.quiet Legion home and he himself is a Legion member,. Mr. George Meister mentioned Mr. Paul Kinney's position in the matter in that he is one of the plaintiffs in the Boulevard zoning and that a Legion. home in this location would help their position in the case. Mx. William E. Fi agearty, 1100 N. E. 99th Street, as .official representative of the Miami Shores Citizens civic association, was present to oppose any variance or change of zoning. Mr. Ha.gearty pointed out that the ordinance concerning petitions for change in zoning, calls for verification by the owners of the property and in this case the owners have not signed the petition as the Legion does not own the property. He stated that the land that they seek to get a change of zone on is zoned for apartment use and the same owners want to change the land on Biscayne Boulevard. Every_ variance leads to another and if you grant this variance you are opening the door to many more. Mr. Marion.Arnold.of 501 N. E. 101st Street, stated in regard .to this petition, that he didn't think the Legion home in that site would hurt anyone. Mr._Spencer Rudnick of 1189 N. E. 102nd Street, wanted to go on record in saying,that he felt there should be no change in zoning whatsoever any- where in the vicinity, of Biscayne Blvd. as it encourages,encroachments. Mr. Noel pointed out that we had no specific zoning classification that took in.a Legion home and that they were not asking for 'a zoning;change, nor were they asking for a variance permit as he contended they were taking a step- down in using an apartment zone. The Village Attorney stated that in the former suit the ordinance had been.changed for a Legion home and thought that if a Legion home is to be per- mitted, the ordinance will have to be changed for this purpose. The Council would have to change the use classification of the property. Mr. Noel stated there is a site in the County that has beenoffered to them where they could bay the corner of N. E. 107th Street and 6th Ave, and they could put up a night club,if they wanted to under the present zoning. But ss 1 67 -5- 4/1/52 they are not asking for that and only want to build_something,that would be an asset to the Village, a place to meet. Mr. Meister stated he believed that the Legion sincerely- meant to run a nice Legion home but times can change and Legions change and Councils change, and he added that he doesn"t know of one Legion without a bar. Mr. C. F. Scholl left a petition with the Council, signed by his neighbors in protest of this Legion home. Mr. Carpenter stated that Mr. Robert Todd.of 700 N. E. 93rd Street had also voiced his abjection to the Legion home. The meeting adjourned.at 9:05 P. M. Dep u r :- �/ � Approved �� G Village Manager ancYClerk 4VED ayo / fib 1 1