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05-04-1954 Regular Meeting 65 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL May 4, 1954 A regular meeting of the Miami Shores Village Council was held at 4:00 o'clock P.M. , May 4, 1954, at the Village Hall, with the following Councilmen present: Mayor S. D. Phillips, Jr. M. E. Reynolds William E. 'Carpenter Michael J. Franco Dean R. Claussen Absent: None Mr. Herbert Nadeau attended in the absence of Mr. Thomas H. Anderson, Village Attorney. Concerning the minutes of the last meeting, Mr. Claussen asked that his motion pertaining to the American Legion resolution be withdrawn. Mr. Reynolds moved that this correction be made in the minutes of the last meeting. The motion was seconded by Mr. Franco and unanimously carried. The minutes were then approved upon motion made by Mr. Reynolds, seconded by Mr. Claussen and unanimously passed. Mr. R. E. Tompkins of 152 N. W. 110th Street, as well as several other,boat owners, were in attendance to petition the Council to consider the building of a small boat launching place because they were no longer being allowed to use the Biscayne Park launching place or Broad Causeway. He suggested the location on N. E. 107th Street at Biscayne Canal. Mr. Phillip Shaw, living immediately north of this location at 795 N. E. 107th Street, voiced his objections to this plan because of the parking of the trailers, noise 66 e . e e - • e c t e 6T -2- 5/4/54 of the motors running all day as well as early morning and general disturb- ance. Mr. Reynolds stated that he would get in touch with the Mayor of Biscayne Park to see if some arrangement can be made with them. Mr. Summers of the Country Day School also objected to a launching ramp so near the school. Mayor Phillips asked that this be carried over to the next meeting in order to contact Biscayne Park for permission to use their launching place. The next business was consideration of the new application, for a Post 'Office Building, along with the Planning Board's report of May 3, 1954, recommending that the request for permit be denied. This new application calls for a building to be constructed on the rear of Lot 1, Block 17, Miami Shores Subdivision. Mr. Dunning was present and after having read the Planning Board minutes, made the following comments to paragraphs 1 thru 9, said paragraphs being quoted herein: 111. Although the Planning Board is favorable to the installation of a Post Office in Miami Shores, the location of the building as indicated by the re-drawn plans is obvious of the intention to make future attempts to use the balance of the lot for building purposes thereby eliminating all off-street parking for the entire block of adjoining stores and theatre owned or controlled by allied interests. " Mr. Dunning stated that he didn't think anyone could project future plans. 112. The building at this location would create dangerous hazards to pedestrians both at the proposed driveway todthe east of the building and at the public alley to the west of the building.''' Mr. Dunning statdd there is the same hazard on every alley corner in Miami Shores as well as the bank building. 68 69 -3- 5/4/54 113. The remainder of said lot is impractical to use for parking purposes because of the lack of driveway and turn around space, thereby restricting the use for parking to approximately eight automobiles. " Mr. Dunning stated that the building would take up only five automobile spaces. 114. It is doubtful that sanitary disposal facilities could be properly provided underneath paved areas.st Mr. Dunning thought the sanitary engineer would work this out. 115. It would require the removal of practically all parking meters on the abutting side of the street thereby impairing the proper regulation of traffic. " Mr. Dunning thought only one parking meter would have to be removed. 116. It would create traffic congestion immediately in front of residences to the west." Mr. Dunning stated this is nothing new, that every residence abutting business property has this. "7. Said lot has been designated as a parking area for the adjoining buildings for many years and paving permits have been obtained for said use. if Mr. Dunning stated that he has allowed the Food Palace the use of this property free for parking; that there was now space for 14 cars and there would be around 8 with this building. 118. The rear door loading area encroaches on an already con- gested loading area used by the abutting grocery store. " Mr. Dunning stated that this was a matter for the tenants to work out. 119. The location of said building is not in accordance with the usual practice of placing commercial buildings at the front lot line of property.11 Mr. Dunning stated that there was a great difference between rental on the alley and on N. E. 2nd Ave. and that econo=mically he could not put this building on the front of the lot. vn 1 1 n -4- 5/4/54 Further, Mr. Dunning stated they are complying with all existing ordinances and asked if they can be told where to put a building. Mr. Claussen stated that we should consider we are receiving an application for a building as others have been faced and that it qualifies with our parking ordinance and although he is taking away parking from other stores, it has been done before as in the case of Whelans and since Mr. Dunning is meeting all our requirements, Mr. Claussen didn't think there was much we could do about it. Mr. Jim Reeder of the Post Office Dept. stated they would hold Mr. Dunning liable for $11, 000, if he defaulted on his contract, which was the difference between his bid and the next highest over the ten year period, since they had checked all building requirements and had found everything in aider. Mayor Phillips stated he would rather give Mr. Dunning a permit to build on the entire lot instead of the back of the lot which will create traffic hazard and then condemn the lots across the street for parking. Mr. McCaffrey, member of the Planning Board, stated that in recent months parking has been the greatest problem and a great deal of time has been spent trying to work out additional parking areas and now Mr. Dunni g, who hasn't been required to provide parking in the past, intends to build another store building and take away some of his present parking places. After reviewing the parking ordinance Mr. Nadeau pointed out that it does not state where it shall apply. He added that since the Planning Board has submitted their recommendation, the Council must decide if the reasons are arbitrary and capricious or if the objections have merit; then 72 e 73 -5- 5/4/54 the Council must decide if it wants to uphold their recommendation or over-ride it. Mr. McCall pointed out that the Chief of Police recommended that, if approved, the proposed driveway to the east of the building be re-located farther to the east to prevent a traffic hazard on the blind corner. Mr. Claussen then moved that this Council issue a permit to con- struct the proposed building by Mr. K. M. Dunning to be located on Lot 1, Block 17, Miami Shores Section #1, with the understanding that the proposed building will comply with the present parking ordinance and in regard to the driveway to the proposed parking area, -approval for the location of the drive- way to be secured from the Chief of Police. The motion was seconded by Mr. Carpenter and a roll call was taken with the following results: Mr. Franco "Yes" Mr. Carpenter "Yes" Mr. Phillips "Opposed, - I will not vote for the granting of a permit for this building based on the fact that the parking lot to the east of the building is not a parking lot in the true sense of the word and that it constitutes a definite traffic hazard and that I would prefer to vote for a building which utilizes the entire area as applied for in the original application rather than the present applica- tion that is being voted on today. 1' Mr. Reynolds "Opposed, and qualified. I am opposed on the grounds of the creation of a hazard from a safety standpoint which could be eliminated if the building were constructed on the front of the lot as a driveway going into the alley could be used for the parking lot. Further apposed for the reasons as outlined by the Planning Board in their report to the Council of May 3rd. " Mr. Claussen "Yes" 74 s 5 -6- 5/4/54 The motion passed by a 3/2 vote. In a subsequent letter from Mr. Franco he asked that the following comments substantiating his vote be included in the records Ill. The contemplated building conforms to all zoning requirements. 2. The necessary parking required by our ordinances has been provided. 3. I do not think that any legislative body or appointive board can force an individual to place a building on. a certain part of his property provided that all safety and health requirements are met. 4. I hesitate to over-ride the action of our Planning Board since its decision was made after detailed and conscientious thinking, but, in my opinion, the Planning Board's most important objection was met at our Council meeting.#' Mr. Carpenter then asked that the Village Manager write a letter to the Planning Board stating the reasons for a majority of the Council voting to grant the permit to Mr. Dunning, referring to paragraphs 1, 4, 5, 6, 7, 8, and 9 as stated in the minutes of the Council meeting this date and Mr. Dunningts answers to those reasons; paragraphs 2 and 3 having been answered satisfactorily by a solution to the pedestrian safety hazard and the parking problem by the Chief of Police. Expenditure of $600. 00 for a fireworks' display at the Country Club on the 4th of July was approved by motion made by Mr. Reynolds, seconded by Mr. Claussen and passed on a 4/1 vote, with Mr. Franco dissenting. The next item of business was in regard to Henry C. Ritterts previously made request for reduction in cubic requirements for his proposed 76 77 -7- 5/4/54 residence for Lot 4 and the E 37- 1/2 ft. of Lot 5, Block 3, Belvidere Park Subdivision. After reviewing this location Mr. Reynolds -moved that the request for reduction in the cubic content for the building to he put on this lot be denied. Motion was seconded by Mr. Claussen and passed unanimously. The Village Manager presented a proposal to purchase an additional, Seagraves fire truck for $16,430.00, based on a recommendation made by the Southeastern Underwriters' representative. Because of the cost of this machine as well as the cost of the additional personnel required to man it, the Council deferred action until the next meeting. The Council instructed the Village Attorney to prepare a resolu- tion for the next meeting, protesting to the C.A.A. about the unduly annoy- ing airplane noises over the Village. The Village Attorney was also instructed to prepare an ordinance repealing Ordinance No. 243 for failing to comply with the terms of the garbage disposal franchise, - for presentation at the next meeting. Dr. E. Roger Turner of 289 N. E. 102nd Street was present to petition the Council to remove a large rubber tree in front of his residence. The Village Manager asked the Council for a statement of policy as to whether or not we should cut down green trees on the parkways and if so, who shall bear the expense of around $200.00 a tree. Discussion followed concerning the hiring of a landscape consultant for a recommendation on appropriate trees for parkways and it was finally decided that the Village should take out any trees that are breaking upthe sidewalks or cause serious 78 - 79 _g 5/4/54 annoyance, at the freebolderts expense at cost. The Planning Board recommended approval of Dr. Armstrongis plans for a residence and office building to be constructed on Lot 3, Block 60, Miami Shores.Subdivision. Mr. Claus-sen moved that we accept the recommendation of the Planning Board in regard to Dr. Armstrong's plan for a residence and dental office to be erected on the above described property. The motion was seconded by Mr. Carpenter and passed unanimously. The Planning Board also recommended approval for permit to build on Lot 11, Block 2, Golden Gate Park Addition, by Mr. Charles F. bice.. This lot measures slightly less than 50 ft. in width and 140 ft. in depth. Council granted approval upon motion made by Mr. Cla.ussen and seconded by Mr. Carpenter. After a review of the bills, Mr. Claussen moved they be approved. Motion was seconded by Mr. Carpenter and passed unanimously. The meeting adjourned at 6:30 P.M. Deputy Cler Approved: Village Manag r and CAerk APPROVED: yor SO