07-13-1982 Special Meeting7/13/82
SPECIAL MEETING
MIAMI SHORES VILLAGE COUNCIL
July 13, 1982
A special meeting of the Miami Shores Village Council was held
on July 13, 1982, 7:30 p.m., at the Village Hall, with the following
Council members present:
Mayor Robert J. Lodge
Herbert Spahn, Jr.
Elspeth Jensen
Absent: Donald W. McIntosh
Henry A. Everett
Also present: L. R. Forney, Jr., Village Manager
William F. Fann, Jr., Village Attorney
This meeting was called to consider a variance request after
approval by the Planning Board on July 8, 1982, for the following:
Arno W. Mueller, 1291 N. E. 96th St.
Plans for an addition.
A plan had been presented to the Planning Board for a bath and
utility room addition on the rear of the home at 1291 N. E.
96th Street. The existing structure had been built in 1926
and has a non -conforming setback on the north property line.
The variance as granted by the Planning Board would permit
the addition to be built at the existing building line with
a variance of 1.7 ft.
The Board had approved the variance on June 24 but the vote
was not valid and the item was resubmitted and passed 4/1 on
July 8th.
The details of the plan were discussed by Planning Board members
Stobs and O'Connor, as well as the sections of the Zoning
Ordinance that were cited as grounds for a variance.
Attorney Fann advised the Council against granting a variance
to extend an existing non -conforming structure and that the
only legal hardship is based on depriving the owner the legal
use of his property.
After further discussion Mr. Spahn moved that the Council grant
the variance as approved by the Planning Board on the basis
-2 -
of a hardship. Mrs. Jensen seconded the motion with a comment
that since the building was built in 1926 there should be
some consideration given, and it was then passed unanimously.
Mr. Spahn stated that he felt it was setting a bad precedent
to call a special meeting for a single individual and that he
only went along with it for the administration.
The meeting adjourned at 8:55 p.m.
Village Clerk
7/13/82