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04-01-1958 Regular Meeting REGULAR. MEETING MIAMI SHORES VILLAGE COUNCIL April 1, 1958 A regular meeting of the Miami Shores Village Council was held at 4:00 o'clock P. M., April 1, 1958, at the Village Ball, with the following Councilmen present: Michael J. Franco, Mayor John F. Saxon Dean R. Claussen Spencer W. Rudnick M. E. Reynolds Absent: None Mr. Thomas H. Anderson, Village Attorney, was also present. Minutes of the last meeting were approved as written by motion made by Mr. Claussen, seconded by Mr. Reynolds and passed unanimously. The first business on the agenda was consideration of a proposed ordinance to extend the X-Supplementary Parking Zone to include Lots 22 and 23, Block 16 and Lot 15 and the west one-half of Lot 16, Block 33, Miami Shores Subdivision. The ordinance read by the Village Manager effected the change in the above described lots and set up requirements for improving all parking lots in the X-Zone. Mr. G. Robert Khoury of 149 N. E. 99th Street, then asked to speak before the Council and read a prepared statement giving his objections to this change, which statement has been made a part of the records of this zoning change. Mr. Claussen stated the Council has considered this particular zoning many times and if they take action, it is for the consideration of the most people of the Shores. Mr. Claussen then moved that we adopt the 4/1/58 ordinance as presented and re-zone this property. The motion was. seconded by Mr. Reynolds and passed by a 4/1 vote with Mr. Saxon dissenting; said ORDINANCE being No. 285 and entitled: AN ORDINANCE. AMENDING ORDINANCE NO. 270, BEING THE ZONING ORDINANCE OF MIAMI SHORES VILLAGE, AS FAR AS THE SAME APPLIES TO LOTS 2,Z AND 23, BLOCK 16 AND LOT 15 AND THE WEST ONE-HALF OF LOT 16, BLOCK 33, MIAMI SHORES SUBDIVISION, AND PROVIDING FOR THE IMPROVE- MENT OF PARKING LOTS. Mr. Saxon stated that this is a good pian of parking but he didn't think we have need for it at the present time, nor that a parking lot would be satisfactory next to anyone's home. The Planning Board recommended a variance in the height of a fence already constructed on the property of Dr. James Gallagher at 1175 N. E. 101st Street. After discussion, Mr. Clausseu moved that the Council reverse the decision of the Planning Board and deny this variance and request that Dr. Gallagher abide by the ordinance. Motion was seconded by Mr. Saxon and passed unanimously. The next item of business concerned the Planning Board's action on Dr. Grigg's petition for a variance on his property at 150 N. E. 96th Street. It was the Planning Board's recommendation that it be denied on the basis that a variance cannot be granted for a change of use. Mr. Reynolds asked Mr. Pomeroy whether or not in his opinion., this constitutes a hardship under our Zoning Ordinance. Mr. Pomeroy stated that it is well established in procedure relating to a hardship variance that a status of hardship cannot derive from any violation of zoning. A violation of the ordinance does not constitute basis for a hardship. 9A 4/l/58 -3- In my opinion, he continued, the Village has no jurisdiction to consider the matter in this regard. The majority of the Planning Board is correct. Under the ordinance the Village would have no jurisdiction to grant a hardship variance. Mr. Pomeroy added there could be the granting of a special permit, otherwise it would require an amendment to the zoning, establishing either a multiple family use or t1011 use. Mr. Rudnick moved that the motion of the petitioner for a variance on the property described be denied. Motion was seconded by Mr. Saxon and a call vote was taken with the following result: Mr. Rudnibk "Yes". Mr. Claus s en "Yes". Mr. Franco "Yes". Mr. Reynolds "Yes t1. Mr. Saxon "Yes 11. The motion was passed unanimously. Mr. Michelson of 1060 N. E. 105th Street, was present to appeal the Council's action in denying him a variance to maintain an orchid house in the side yard setback. After discussion, Mr. Reynolds moved that Mr. Michelson's letter be kept on file in connection with the orchid slat house and that it be per- miffed to stay where it is until objection is filed by a neighbor. Motion was seconded by Mr. Rudnick and then Mr. Claussen proposed an amendment to the motion, that it may remain where it is for eight months after which time it must be removed to comply with our Zoning Ordinance. This amendment was accepted and the motion passed unanimously. An ordinance was proposed requiring certain businesses to secure a permit from the County Health Dept, Mr. Clausseu moved that we refer the sample ordinance to our attorney for recommendations at our next meeting. Motion was seconded by Mr. Rudnick and passed unanimously. -4- 4/1/58 Consideration of the ordinance adopting the South Florida Building Code was deferred until the next meeting. A letter was received from Watson & Deutschman, architects, con- cerning plans for the ladies lockerroom addition and other improvements at the club. Mr. Reynolds moved that Watson & Deutschman be employed for the purpose of drawing preliminary plans and specifications. Motion. was seconded by Mr. Saxon and passed unanimously. It was also agreed that the fee would not include construction supervision. The proposal to purchase a foldoor for between the two dining rooms at the club was taken under advisement until the next meeting. A proposal was made to replace a tree trimming aerial ladder. Mr. Claus sen moved that the Village Manager be authorized to go ahead with the purchase of a tree trimming ladder. Motion was seconded by Mr. Reynolds and passed unanimously. After a review of the bills, Mr. Saxon moved that they be approved. Motion was seconded by Mr. Reynolds and passed unanimously. Mr. Reynolds brought up the question of his having renewed an insurance policy for the Little League teams. After discussion, he stated he would have the company write the policy through some other agent. The meeting adjourned at 6:05 P.M. Clerk Approved• -> �—' V Ma ger APPROVED: Mayor