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07-20-1954 Regular Meeting 149 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL July 20, 1954 A regular meeting of the Miami Shores Village Council was A held at 4:00 o'clock P. M. , July 20, 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. Thomas H. Anderson, Village Attorney, was also present. Minutes of the last regular meeting were approved as written by motion made by Mr. Franco, seconded by Mr. Carpenter and unanimously carried. The first business on the agenda was consideration of a petition for a zoning variance to allow multiple family use in a building on the rear of the property at 830 N. E. 91st Terrace, Lot 8 and the West 1/2 of Lot 9, Block 3, Golden Gate Park Addition. The petition claimed right to a variance because of the location of the property, adjacent to County property on which the petitioner had other rental property, and because of the financial hard- ship involved if this building which has already been converted into studio bedrooms, could not be rented. Accompanying the petition was an affidavit bearing signatures of 17 people in the neighborhood who offered na objection to this requested variance. At a Planning Board meeting at which time three members were present, recommendation for approval of this variance was s 120` 121 1 -2- 7/20/54 made by a majority vote of two members. The Village Manager reported that in accordance with our zoning ordinance, notice was given to property . owners- within a 375 ft. radius of this property by registered mail. Thirty letters were sent out from which three written objections were received and one written approval. It was also pointed out that Mr. Orchie had received information concerning the single family zoning in that district before he purchased the house and before he made further changes, without a permit, in the rear building, to provide rental units. Mr. Orchiels attorney stated that this could not set a precedent for rental units at that location inasmuch as there are two or three other rental apartments on that street now. Mayor Phillips read a notation from the plan file of this residence in which a building permit was given to make alterations to the garage "subject to an affidavit stating that it will not be for rental purposes. " Mr. Carpenter, having recently examined the property, thought some consideration should be given because of certain unfavorable aspects of the location, and thought the Council should inspect the property before taking action. He, therefore, moved that this petition be tabled for two weeks, to be taken up at the first meeting in August. Motion was seconded by Mr. Franco and passed unanimously. The next business was in regard to the parking lot of the Lutheran Church west of the alley running between N. E. 103th and 104th Streets and adjacent to their church property on N. E. 2nd Avenue. The Village Manager read a letter from Harvey R. Klein, attorney for Mr. Roland Allison, 177 N. E. 103rd Street, who is strenuously objecting to the 122 1231- -3- 7/20/54 construction of this parking lot and claims it is a zoning violation for a single family zone. He also claims-this has depreciated his property to the extent of $10, 000. He also complained about the dust and drainage of this lot. Mr. Hansell stated there is a five foot planting area, along the westerly edge of the parking lot which is 10% of the area of pavement for vertical: drainage. In other words, the west 30 ft. of that lot will drain toward a five foot planting area and the east 20 ft. will drain to the east of the property. Mr. Reynolds stated that the parking was approved along with the permit for the erection of the church, that he is under the impression that we have no right to bar a church anywhere in the Village, as well as their parking lot. Mr. Fames Vsetecka, of 157 N. E. 104th Street, whose residence is across the street from the lot, was also present in this regard and stated that he had to chase 7 cars from parking on his parkway last Sunday; that he objected to the church from the beginning, but would rather see the cars park in the lot than on his property. Mr. Walter R. Caden of 166 N. E. 103rd Street had no objection to the church but stated, that no word was mentioned about the parking lot. Rev. Varner was agreeable to the Councilts suggestion that he stop work on the paving until a legal opinion can be secured on this problem. Mr. Anderson stated he would send Mr. McCall an opinion tomorrow and the Council agreed to take action on it after the Equalization.Board meeting on Thursday, duly 22nd. The Village Manager presented a tentative budget for the fiscal year August 1, 1954 - July 31, 1955, in the amount of $467, 563. 37, which 124 1-: 5. -4- 7/20/54 was adopted upon motion made by Mr. Reynolds, seconded by Mr. Carpenter and unanimously passed. Upon inquiry by Mr. Pard, the Mayor left the arrangements for the opening ceremonies for the new Post Office -up to the Chamber of Commerce. Mr. Ward then introduced Mr. Paul Miller of the Merchants and. Professional Division of the Chamber, who read a letter requesting that the Council extend the palm trees on N. E. 2nd Avenue through the business section and also requesting better street lights for this area. Mayor Phillips explained that the additional lights along Znd Avenue would be turned on within two weeks as well, as the increased lumen, and that the additional lights on Miami Avenue will be turned on in about four weeks. In discussing the trees, it was pointed out that they would have to be higher than those planted in the residential section as well as some protection made around the base for safety purposes. The Council decided to study this further before taking action. Plans for a building for the Prudential Insurance Company on: Lot 12, Block 32, Miami Shores Subdivision, were recommended for approval by the Planning Board, provided all Village requirements are complied with. Mr. Hansell stated that according to the old parking ordinance, 2646 sq. ft. of floor area would require 3600 sq. ft. of parking, of which only 2300 sq. ft. is available, or a shortage of 1300 sq. ft. , plus driveways. Since these plans could not provide adequate parking under the new parking formula either, Mr. Miller, the owner, agreed to use at least Z5 ft. of his additional land for parking, east of the alley. Mr. ,Reynolds then moved that the Planning Board recommendation concerning the Prudential building, be approved 126 127 -5- 7/2054 with the specific understanding that the proposed amendment to the parking lot ordinance be applied, that is, one sq. ft. of parking for each sq. ft. of building area, and that adequate screening be provided. The motion was seconded by Mr. Carpenter and passed unanimously. Mr. Miller further agreed to put a hedge on the eastern side of the paved area of the parking lot. Upon motion made by Mr. Carpenter, seconded by Mr. Franco and unanimously passed, the employment of Mr. Hugh R. Pomeroy was authorized, to re-write our zoning ordinance, at a fee of $2500 and expenses not to exceed $500.00. The meeting adjourned at 6s20 P. M. Deputy 'rk Approve =_ Village ag anal Cle APPROVED: Mayor 128