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12-22-1982 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL DECEMBER 22, 1982 The regular meeting of the Miami Shores Village Council was held on December 22, 1982, 7:30 p.m. at the Village Hall, with the following Council members present: Mayor Robert J. Lodge Herbert Spahn, Jr. Donald W. McIntosh Henry A. Everett Elspeth Jensen Absent: None Also Present: L.R. Forney, Jr., Village Manager William 0. Yates, Attorney The meeting was opened with an invocation by Dr. Harold A. Davenport, Miami Shores Community Church, followed by the Pledge of Allegiance. MINUTES: (a) Regular Council meeting of December 7,1982 - approved as written by motion made by Mr. Spahn, seconded by Mrs. Jensen and passed unanimously. (b) Special Council meeting of December 10, 1982 - approved as written by motion made by Mr. Spahn, seconded by Mr. McIntosh and passed unanimously, (c) Historic Preservation Board meeting of November 22, 1982 receipt acknowledged. (d) Code Enforcement Board meeting of December 2, 1982 - receipt acknowledged. (e) Planning & Zoning Board meeting of December 2, 1982 - receipt acknowledged. -- 2 December 22, 1982 PLANNING BOARD RECOMMENDATIONS: (a) BARRY UNIVERSITY - FENCE VARIANCE 11300 N.E. 2ND AVENUE Mr. Jack M. Ahlstedt, Howard Needles Tammen & Bergendoff, Architect for Barry University, presented three exhibits showing two regulation softball fields, a soccer field, running track with bleachers, rest rooms and storage area. A variance was requested of the Planning Board to erect an 8' chain link fence to enclose the facilities - fence to be buffered by landscaping. The restrooms will be concrete block and stucco, with a tile roof, and conform with Village requirements. Mr. Stobs, Chairman of the Planning Board, was present to review this case. A variance was recommended by the Planning Board for an 8' chain link fence around the facilities - a minimum of 5' from the property line on the South and West side, on the basis that the facilities constitute an attractive nuisance and the fence permits reasonable use of the property. Following discussion by Council with reference to right-of-way, Mr. McIntosh moved that fence height variance be granted based on the fact that fence will be set back 5' beyond any future right-of-way that may be required and dedicated on N.W. 111th between Miami Avenue and N.E. 2nd Avenue; on N.W. 2nd Avenue between 111th and 115th Steeet. Motion was seconded by Mrs. Jensen and carried unanimously. (b) J.M. MUNCIE - CHANGE OF ZONING REQUEST FROM X TO 0 150 N.E. 96TH STREET The Planning denied request from Joann Muncie, 150 N,E, 96th Street to rezone her property from X (parking lot) to 0 (professional office). The structure is a non -conforming use in an X Zone. Previous Zoning was R and structure was built in 1944 as a four unit apartment residence. Mr. Stobs, Chairman of the Planning Board, reviewed the facts of this case. Public Hearing was held on December 16, 1982 and without exception, residents who attended objected to the request for a zoning change. - 3 - December 21, 1982 Mr. John Gerken, attorney for Mrs, Muncie, requested relief for the widowed Mrs. Muncie to allow productive use of the property. The -Village Manager reviewed a history of the property commencing from October 3, 1944 to the present re -zoning request of October 29, 1982, Mr. Stobs reviewed the provision of our Ordinance as applied to this case. Following discussion by Council, Mrs. Jensen moved to uphold action of the Planning Board. Motion was seconded by Mr. Spahn, and passed unanimously. Council suggested that Mrs. 'Muncie return -to the Planning Board for recommendations as to reasonable use of the property. (c) BORIS MOROZ - SIGN'APPROVAL 9301 N.E. 6TH AVENUE'(SHORES POINT) The Planning Board approved plans for erection of two free_standing signs based on harmony with the existing structure. The signs, according to plans, will be 6' x 3' with an elevation of 6'. Mr. McIntosh moved to uphold action of the Planning Board, seconded by Mr. Spahn, and passed unanimously, (d) AMERIFIRST FEDERAL - EXTERIOR ALTERATION 9640 N.E. 2ND AVENUE The Planning Board approved request for alteration of front elevation of building to house an automatic teller and night depository. Following discussion by Council, Mr. McIntosh moved to uphold decision of the Planning Board, seconded by Mr. Spahn and carried unanimously. Mr. McIntosh recommended the Planning Board update that facet of the Ordinance that requires Council approval on items in B-1 Zone. - 4 - December 21, 1982 (e) JAMES A.LAUB - PLANS:FOR ADDITION 10200 N. MIAMI AVENUE Chairman of Planning Board advised that the existing residence is non -conforming wood frame structure with metal siding and asphalt shingle roof, built in 1930. Request was for addition to the rear of the property. Mr, Laub agreed to go to masonry construction in lieu of wood frame so the only item for consideration is the asphalt shingle roof material. The Planning Board granted a variance, under section 225, with respect to roofing material, on the basis of harmony. Mr. Spahn moved to uphold the Planning Board's decision granting harmony variance. Motion was seconded by Mr. McIntosh and passed unanimously. (f) BARBARA JOZYA - APPEAL OF PLANNING BOARD DECISION ON FLAT ROOF ADDITION (g) Request for approval of plans for flat roof addition was denied by the Planning Board as it did not meet our Ordinance - use of cement tile was practical and front elevation of addition was visible from the street. Mr. Victor Bezdek, 56 N.W. 93rd Street, representing Mrs. Jozya, stated that tile would be very costly for the owner. Mr. McIntosh moved to overrule decision of the Planning Board specifying that tile be utilized on the pitched portion and the rest of the roof flat. Motion died for lack of a second. Following discussion, Mr. Spahn moved to uphold decision of Planning Board and deny appeal. Motion was seconded by Mrs. Jensen and carried 4/1, with Mr, McIntosh opposed. H.C. ALLEN - REQUEST FOR CHANGE OF ZONING ORDINANCE 1365 N.E. 105TH STREET Mr. Allen requested permission to store a 24' boat; maximum length allowable under our Ordinance is 20', The Planning Board denied request for variance to store oversized boat under Ordinance 312 (r) (1), - 5 - December 21, 1982 Mr. Allen submitted to Council a proposed draft revising our Ordinance. Council turned this draft over to Attorney Yates. Mr. Spahn moved that decision of the Planning Board be upheld. Motion was seconded by Mrs, Jensen. The floor was opened to discussion by Council and a suggestion was made that the Planning Board hold a Public Hearing to consider amending the Ordinance. Mr. Spahn's motion then carried unanimously. 3. ORDINANCE ON MASONRY CONSTRUCTION - 2nd reading Following second reading by title a motion was made for adoption of this ordinance by Mrs. Jensen, seconded by Mr. Spahn and unanimously passed and adopted, same being entitled: ORDINANCE NO. 450-82 AN ORDINANCE AMENDING SECTION 225, ARTICLE II OF ORDINANCE NO. 270, MIAMI SHORES VILLAGE, FLORIDA; RE -DEFINING MASONRY CONSTRUCTION; RE -DEFINING MAXIMUM PERMISSIBLE FLAT ROOF AREA; PROVIDING EFFECTIVE DATE. 4. VILLAGE MANAGER'S REPORT: (a) Club membership report - submitted with agenda. (b) Club Profit & Loss statement - submitted with agenda. (c) Investment Report - submitted to Council. 5. ANNOUNCEMENTS: (a) December 22 - Library Open House, 10-5 p.m. (b) December 23 - Country Club "Office Party" - noon -3 p.m. (c) December 26 - Country Club Members Only Open House - 1-4 p.m. (d) December 31 - Country Club New Year's Eve Party - 6 - December 21, 1982 6. COUNCIL COMMENTS: The members of the Council conveyed Holiday Greetings to all Village residents, 7. PUBLIC COMMENTS: None. 8. ADJOURNMENT: The meeting adjourned at 8:25 p.m. Secretary APPROVED: