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12-19-1961 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL December 19, 1961 A regular meeting of the Miami Shores Village Council was held at 4:00 o'clock P. M. , December 19, 1961, at the Village Hall, with the following Councilmen present: Mayor Dale Miller John F. Saxon Dean R. Claussen Spencer W. Rudnick Joseph H. Walker Absent: None Mr. Thomas H. Anderson, Village Attorney, was also present. Concerning the minutes of the last meeting, Mr. Rudnick asked that Mr. Walker's remarks on Page Z. that were written prior to the motion concern- ing the widening of 95th Street, be stricken from the minutes as they were not made at the time indicated indthe minutes. Mr. Saxon then moved that the minutes be approved as corrected. Motion was seconded by Mr. Walker and passed unanimously. Several property owners were present to protest the recent Council action concerning approval of a five-story apartment building on the east end of N. E. 105th St. Mr. Saxon moved that the Council reverse its decision of the last meeting. The Mayor ruled that Mr. Saxon was out of order because he voted against the previous action. Mr. Saxon then suggested that one of the other Councilmen make a motion to reverse the decision. Mr. Saxon stated he had heard from several people who were anxious to oppose this and moved that they be heard. The motion was not seconded as the Mayor stated these people would be heard as a matter of course without a motion. O3 -2- 12/19/61 Mr. Raymond Guernsey, 1500 N. E. 103rd St. , stated the citizens have fought on several occasions to keep the zoning at a status quo and not make any zoning changes. They cannot understand the Council's action since the Planning Board had unanimously rejected this. The people feel they will suffer a loss and that they have not had an opportunity to present the other side of the picture. He continued: there is nothing in the minutes to indicate that the property owners of this land will suffer without this variance or are in need of this change; they haven't given any reason for it. There are a number who are going to have their property damaged because of this change. This is a foot in the door and once this change is made it can eventually break down the entire zoning plan. Let the citizens lay their cards on the table. Mr. Guernsey stated further, that the properties near the five-story apartment in Sans Souci development are being sold for 20 or 30% below value because of that apartment building. All he wanted, Mr. Guernsey concluded, was a fair chance to present why they are against it. The Mayor pointed out that this is not a zoning change but a zoning variance. Mr. Bill Goerge, 1559 N. E. 104th St. , stated that Mr. Guernsey had stated the feelings of everyone here. He added he had heard that the property owners had a lot of money tied up in this property but he did not feel sorry for them as they knew what the zoning was before they bought it. He stated the residents only wanted the Council to put this aside for 30 days. Judge Leland Featherstone, 1516 N. E. 104th St. , stated if there is a question as to whether it is a variance or a zoning change, it should be handled the same as a change. He added that they did not understand why the Council went against the Planning Board recommendation. Mr. Claussen stated the procedure for this application was followed as in a zoning change and that the Council had studied it very thoroughly. Mr. Anderson reviewed the past history of this land in regard to its zoning to apartment use by the Supreme Court. Mayor Miller stated he had checked into this property in order to make up his mind on the question. He went to people in the area who were qualified; he went to an architect and he was told it would not hurt the property across the canal to the south and if it affected anyone it would be only a maximum of four 12/19/61 -3- houses and only two of these are opposed as the other two have an interest in the property. Mr. Miller stated he had talked to property owners in Bal Harbour and found it didn't seem to affect the property values abutting high rise apart- ments. He also found the same true in Coral Gables. He was told the Janis Co. would put up something very attractive and improve the land more attractively than it has been developed so far and since it would be a cooperative apartment the owners would take pride in it. He concluded that he thought we are not hurting the area but improving it. Judge Featherstone stated in view of the unanimous objection to the change by the Planning Board the people thought it had been turned down. Mayor Miller stated that the procedure was explained to the people at the Planning Board meeting and that it would come to the Council for final action as a matter of course. Mrs. Ferwerda, 1323 N. E. 104th St. , stated that they had been told that it had not passed. Dr. Robert Tolmach, 1343 N. E. 104th St. , stated the people who are across from the apartment should be considered. You can screen a two-story building but not a five-story building. He stated we should not be afraid of the threat of higher buildings, that we should fight to keep what we want. The people are overwhelmingly against it and are only asking the Council to hold the line. Mr. Walter Graff, 1191 N. E. 103rd St. , wanted to know about the Councilman who was associated with the real estate office selling this property. Mr. Rudnick gave Mr. Graff a copy of the statement he had made at the last meeting concerning his relinquishing all interest in the sale. Mr. Saxon stated he is greatly concerned with this increase in height of these apartments as he is concerned with the whole of Miami Shores as to its character. Our zoning has been used to keep the Village as it is, that we hired 95 12/19/61 -4- a zoning consultant for this purpose. He stated that Mr. Pomeroy did not recommend the 16 story buildings and further that Mr. Pomeroy advised that if a change were made that the zoning be changed for height and not grant a variance as was done. Mr. Saxon felt it was going to be very difficult to resist any increase in the height of buildings not only on 105th St. but in other areas as well and that it would materially affect all the Village and he wanted the Council to reconsider its action. Mr. August Carmazi, 1600 N. E. 103rd St. , didn't think the wishes of the people were given adequate consideration. He stated the people are very disappointed in the Council. Mr. Walker stated he appreciated these people coming to this meeting. Also he was disappointed in our own Council of which he was a part in this decision inasmuch as we did not give the people further opportunity to be heard. Mr. Walker stated no one of the Council felt the necessity of holding another public hearing; that we should stand corrected in this mistake but there is no requirement for holding another hearing but obviously we did not use good judgment. He stated the easiest decision is to say "no" but the Council must decide what is best for all of the citizens of Miami Shores and with this in mind the majority of the Council felt this is to the best interest of the people in the Shores. Mr. Walker stated he was influenced in making this decision because it is a difficult piece of property and he wanted to see that it was developed appropriately and without harming other areas if possible. It was the general thinking of those who studied the area that the continuation of the two-story build- ings would not add to the area, that there is a fundamental difference in an apart- ment house where the people own the property. Mr. Walker thought in the long run 12/19/61 that this decision might prove better than what it appeared to the people now. After further discussion, Mr. Walker moved that the Council put this on a future agenda to give the people an opportunity of further expressing their views, providing it doesn't jeopardize the Shores in a law suit with the purchasers. Motion was seconded by Mr. Saxon and a roll call was taken of the vote as follows: Mr. Walker "Aye. " Mr. Claussen "No, " and he added that he could see no reason to defer action as they have been all over it and there has been nothing new brought out here. Mr. Miller "No. " Mr. Saxon "Aye. " Mr. Rudnick - abstained from voting. The motion failed to carry. On the Unfinished Business of the traffic survey, the Village Manager reported that the State Road Dept. is still holding us up. They haven't given us any help yet on Biscayne Blvd. but are in the process of making some new traffic counts. Concerning recommendations for Metro Charter changes, the Village Manager reported that the Charter Review Board is meeting tonight in North Miami and invited everyone to present ideas. However, he added there will be a later meet- ing for city officials at which time he felt we should make our recommendations after they have been approved by the Council. There was no report ready on the shuffleboard courts. The Mayor reported that the Tennis Committee has granted permission to four boys from foreign countries to use our courts who are here for an Orange Bowl tennis tournament. The meeting adjourned at 5:25 P. M. Vi ge C erk APPROVED: Approved: i Vi Ma ager Mayor