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09-06-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING SEPTEMBER 6, 1988 The regular meeting to the Miami' Shores Village Council was held on Tuesday, September 6, 1988, at Village Hall commencing at 7:30 pm with the following members present: Mayor Spero Canton Stephen Loffredo Robert S. Butler, Jr. Marty Stofik Also present: Elly F. Johnson William F. Fann Reverend John Rice gave the Invocation and Mayor canton ;led the Council In the Pledge of Allegiance. MINUTES Ms. Stofik made a motion to accept the following minutes. The motion was seconded by Mr. Loffredo and passed unanimously. a. Regular Council Meeting 8/16/88. b. Regular Council Meeting 8/2/88 c. Council Budget Workshop 7/18/88 d. Council Budget Workshop 7/20/88 Ms. Stofik made a motion to approve the minutes from the Council Budget Workshop of 7/21/88. Dr. Butler seconded the motion and It passed unanimously. Mayor Canton acknowledged receipt of the following minutes: f. Downtown Revitalization Board 8/3/88 g. Pension Board Meeting 7/12/88 h. Recreation Advisory Committee 8/8/88 I. Historic Preservation Board Meeting 8/15/88 j. Planning & Zoning Board Meeting 8/11/88 k. Planning & Zoning Board Meeting 8/25/88 Mr. Loffredo Inquired about past Investments and Interest Income earned by the Pension Board. Dr. Butler stated that it was lower in the past but that the Board now has better watch dog procedures. ITEM *2 PLANNING AND ZONING a. Mr. Frank LuBien explained the Planning Boards reason for denying the erecting of a 5 foot fence in this location. Mr. Steve Johnson stated that a 5 foot fence will better protect his family. Mr. Johnson stated that a 3 foot fence was not adequate. He went on to say that 95th street, the bus stop and a commercial building next door warranted a 5 foot fence. Mr. Johnson also stated that the style of the fence would fit In with the style of the house and surrounding area. Mr. Loffredo asked Mr. Rossi If there was a provision In the code to allow for this fence In this situation. Mr. Rossi stated that there wasn't and that a variance was needed to erect the fence. He stated that the Board was sympathetic with the Johnsons because of the situation of the area. Mr. Rossi suggested a 3 foot fence with 2-3 foot wide hedge behind the fence. Ms. Stoflk asked Mr. Rossi If the new Landscape Ordinance would effect this situation. Mr. Rossi stated that the Ordinance would only effect the sides and the back of the property. Ms. Stofik then asked Mr. Steve Johnson if the 3 foot fence with the 3 foot wide bushes behind it would be adequate. Mr. Johnson stated that a person could still lean over and pick up a child playing In the yard. Mr. Rossi asked the Council that If they grant this variance, the Council show specific hardship In this case. Dr. Butler stated that this situation does not warrant a variance and that the Johnsons should use creative land- scaping. Mayor Canton stated that if the Council grants this variance It will open a flood gate of residents seeking similar variances. He went on to say that it would create a shock wave beyond this immediate decision. Mr. Loffredo proposed erecting a 5 foot fence 5 feet back off the property line. Mr. Loffredo stated that this was a hardship case and made a motion to grant the variance with the condition that the fence be erected 5 feet back from the setback. There was no second for the motion. Dr. Butler made a motion to sustain the Planning and Zoning Boards decision. Ms. Stoflk seconded the motion and the vote was 3 to 1 in favor of the motion. Mayor Canton, Ms. Stofik and Dr. Butler voting In favor while Mr. Loffredo opposed. b. Mr. LuBien stated that he went out to the property to measure the structure. He described the physical location and stated that the accessory building encroaches on the rear set back. Mr. Fisher was not present at the meeting. Mr. LuBien stated that he advised Mr. Fisher of the time and location of the Council meeting. Dr. Butler asked Mr. LuBien If the building Itself did not conform with city codes. Mr. LuBien replied that it did not and Dr. Butler made a motion to sustain the decision of the Planning and Zoning Board. Ms. Stofik seconded the motion and it passed unanimously. ITEM *3 AN ORDINANCE AMENDING SECTION 702 OF MIAMI SHORES VILLAGE ZONING ORDINANCE NO. 270 TO INCLUDE DESIGNATION AS "HISTORIC LANDMARK" AS A CONSIDERATION IN DETERMINING AN APPLICATION FOR VARIANCE; PROVIDING EFFECTIVE DATE. Mr. Johnson read the ordinance and Ms. Stoflk made a motion to approve the ordinance. Dr. Butler seconded the motion and the vote was unanimous If favor. ITEM*4 AN ORDINANCE AMENDING SECTION 506(C) (1) AND SUB- PARAGRAPHS (1) THROUGH (8) OF SECTION 516 (C) OF MIAMI SHORES VILLAGE ZONING ORDINANCE NO. 270; AUTHORIZING COMMERCIAL DISH ANTENNAE; LIMITING LOCATION AND DIMENSIONS THEREOF; PROVIDING MEANS OF MEASURE; REQUIRING SCREENING, LANDSCAPING AND LIMITING COLORS THEREOF; RE -NUMBERING PARAGRAPHS; PROVIDING FOR EFFECTIVE DATE. Mr. Johnson read the ordinance. Ms. Stofik asked If a commercial building next to a residential building could have have a roof mounted antennae. Mr. Rossi replied yes then went on to say that a residential dish must be ground mounted. A commercial unit could be roof mounted because In most cases there Is no other location to mount the antennae. Mr. Loffredo made a motion not to approve the ordinance as currently written. Dr. Butler seconded the motion and the vote was unanimous In favor. Mr. Fernandez a member of the Planning and Zoning Board stated that no restrictions were placed on the number of antennae on one building because, If the landscaping and screening conforms to the code, no one would be able to see the antennas from the street. *5 A RESOLUTION DESIGNATION THE FIELD HOUSE AT THE MIAMI SHORES VILLAGE RECREATION CENTER AS THE ED ABDELLA FIELD HOUSE. Mr. Johnson read the resolution. Mayor Canton stated that Mr. Abdella has done so much for this area. He Is known as "Mr. Miami Shores". Mr. Abdella has endeared himself to every child at the fleld house the Mayor stated. Dr. Butler made a motion to approve the resolution. Ms. Stofik seconded the motion and the vote was unanimous In favor. *6 PRESENTATION OF PETITION FORM. Ms. Brum a Miami Shores resident presented a petition form dealing with the fence and hedge height code. Mr. Loffredo made a motion to accept the petition as to form. Dr. Butler seconded the motion and the vote was unanimous In favor. *7 ANNOUNCEMENTS Mayor Canton read the announcements. *8 COUNCIL COMMENTS Dr. Butler stated that everyone needs to get out and vote. The showing at the poles was very poor. Mr. Loffredo stated that there will be no more temporary barricades due to a Dade County request for traffic studies. Mr. Loffredo stated that this Is a severe setback. *9 PUBLIC COMMENTS Ms. San Fallipo a Miami Shores resident discussed the inadequacies In the garbage fees. She stated that Dade County charges $240 to a single resident and the charge for a condominium unit Is the same as a single resident. Ms. San Fallipo went on to say that a condominium unit near her house has 95 units and 2 dumpsters. The dumpsters are 2 yards each, and are picked up: one 2 times a week and the other 6 times. The building pays $7122.62 per year. Ms. San Fallipo asked If the garbage charges could be better distributed in a more equitable way. Dr. Butler stated that if garbage Is consolidated then the cost of removal Is greatly reduced, and that Is the reason that the condominiums have a lower rate. Mr. Loffredo suggested that next year the Council look at the total amount of tonnage that Is removed from condominiums In computing their garbage bilis. Dr. Butler stated that the Council is aware of the difference that condominiums pay compared to single residents. Ms. Stofik stated that the Council Is aware of how residents feel about how costs are going up. Mr. David Pena a Miami shores Resident spoke to the Council seeking Council approval for 2 additional barricades In neighborhood 17. Mr. Loffredo mentioned that because of the requirements of the traffic study no additional barricades age going to be Implemented. Mr. Loffredo asked Mr. Johnson that the Council members be Included In any future meetings with Dade County In regards to the barricade Issue. Dr. Butler stated that it would be a violation of the Sunshine Law if 2 members show up at a meeting that Is not been advertised. Mr. Johnson stated that an overall traffic study Is better than apiece meal study, because a partial study will not show a true picture of the end result. Ms. Stofik suggested that Mr. Pena come back for the Council meeting on September 20th when the barricade issue will be discussed In depth. *10 ADJOURNMENT The meeting was adjourned at 9:15 PM. ATTEST: Elly F. Johnson By: 'itAici------- Scott W. Davis Deputy Village Clerk