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11-20-1990 Regular Meeting MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING NOVEMBER 20, 1990 The regular meeting of the Miami Shores Village Council was held on Tuesday, November 20, 1990, at Village Hall commencing at 7:35 p.m. with the following members present : Mayor Courtney Herb Spahn Spero Canton Stephen Loffredo Also present : Gail Macdonald William F . Fann The invocation was delivered by Father Oscar Brentome, from St . Martha's Catholic Church followed by the Pledge of Allegiance. ITEM *1 MINUTES Mr . Loffredo moved approval of the minutes from the Regular Council Meeting of 11 /6/90. Mr . Canton seconded the motion and the vote was unanimous in favor . Mr . Canton moved approval of the minutes from the Sewer Workshop of 10/30/90. Mr . Spahn seconded the motion and the vote was unanimous in favor . Mayor Courtney acknowledged receipt of the minutes from the following meetings: Pension Board 8/16/90 Planning and Zoning Board 10/25/90 Code Enforcement Board 11 /1 /90 ITEM *2 PLANNING AND ZONING ITEMS: a. APPEAL OF PLANNING AND ZONING DECISION REGARDING VARIANCE FOR BASKETBALL USAGE. Mr . LuBien explained the background . Mr . William Hampton showed pictures of his house and the basketball backboard that was Installed on his property. Mr . Canton asked where Mr . Hampton could legally Install his basketball goal . Mr . LuBien replied that it would require a 10 foot setback and It must face the property. He also said that it was not allowed on the side yard . Mr . Lubien stated that he cited this case due to Its new Installation and no permit being Issued. Mr . Spahn stated that this case is different from other cases because the basketball goal overhangs the sidewalk . Mr . Canton stated that the present location is the only location available on the property. Mr . Fann stated that the Issue is hardship and the city would have a problem if someone was Injured on city property. Mr . Loffredo stated that he agrees with Mr . Canton and that he sees a basketball hoop as a recreation device not as a structure. Mayor Courtney stated that the goal has good sturdy Installation . Mr . Canton moved to grant a hardship variance to Install a basketball goal where it is presently placed. Mr . Loffredo seconded the motion. Mr . Spahn stated that this is a bad precedent to set allowing residents to Install basketball goals that overhang the sidewalk . The vote was as follows: Canton - Yes Loffredo - Yes Courtney - Yes Spahn - No Mr . Fann advised the Council that the vote must be unanimous when only 4 members are present to overturn a P&Z decision . The motion failed . b. APPEAL OF PLANNING AND ZONING DECISION REGARDING VARIANCE TO ALLOW 10' REAR SETBACK ON ADDITION. Mr . LuBien stated that the property owner was not present at the meeting . The Item was deferred to a later meeting . c. REQUEST FOR APPROVAL OF DIRECTIONAL SIGNS BY BISCAYNE KENNEL CLUB. Mr . LuBlen explained that as presented to P&Z the request was approved . He stated that it was later discovered that the signs In question were not on Kennel Club property. Mr . Spahn moved to table the Item until the County reviews the signs. Mr . Canton seconded the motion and the vote was unanimous in favor . The representative from the Kennel Club asked if the signs should be removed until a decision is made by the County. Mr . Loffredo stated that the signs should remain until a decision is made. ITEM *3 AN ORDINANCE AMENDING SECTION 528 OF ORDINANCE NUMBER 270, AS AMENDED; ADOPTING PROVISIONS OF CHAPTER 28 OF THE CODE OF ORDINANCES OF METROPOLITAN DADE COUNTY, FLORIDA, RELATING TO SUBDIVISIONS OF LANG; PROVIDING EFFECTIVE DATE . Mayor Courtney read the caption of the ordinance. Ms. Macdonald explained the background and stated that she received a letter from the State which advised her that If the final ordinance is not sent to them by November 30th Miami Shores will lose a portion of their grant money. For that reason the proposed ordinance was Presented to the Council as an emergency ordinance and would only have one reading . Mr . Canton moved approval . Mr . Loffredo seconded the motion and the vote was unanimous in favor . ITEM *4 AN ORDINANCE AMENDING SECTION 516 OF MIAMI SHORES ZONING ORDINANCE NUMBER 270 BY ADDING THERETO A BASKETBALL GOAL AS AN ACCESSORY BUILDING; DEFINING BASKETBALL GOALS AND HEIGHTS THEREOF; LIMITING NUMBER, LOCATION, DIMENSIONS, COMPOSITION AND COLOR THEREOF ; REQUIRING ANCHORAGE THEREOF ; REQUIRING PERMIT FOR CONSTRUCTION AND MAINTENANCE THEREOF; EXEMPTING BASKETBALL GOALS FROM REGULATION OF ACCESSORY BUILDINGS AS SET FORTH IN SCHEDULE OF REGULATIONS BEING A PART OF ARTICLE IV OF SAID ORDINANCE NUMBER 270; PROVIDING EFFECTIVE DATE . Mayor Courtney read the caption of the ordinance. Ms. Macdonald reviewed the ordinance and suggested that the Council pass the ordinance with an amortization clause In order to bring Into compliance existing basketball goals. Mr . Loffredo stated that basketball goals are recreational rather than structures. He said that he does not agree with not allowing poles and that safety is most Important . He suggested tabling the Item until a further review is made. Mr . Fernandez stated that If basketball nets were not attached to the buildings It would be considered as an accessory structure and It would need a 10' separation from other structures on the property. Mr . Canton stated that basketball goals on poles are better looking than ones on houses. Mr . Spahn asked Mr . Fann if basketball is a recreation device rather than an accessory structure. Mr . Fann replied that structures are strictly controlled In Miami Shores and basketball nets are structures. He said that P&Z Board is on the right track. Mr . Canton moved to table the Item until the next meeting . Mr . Loffredo seconded the motion and the vote was unanimous In favor . Mr . Fernandez explained the reasons why the P&Z Board recommended that the goal be attached to the house. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST TO CLOSE ALLEY AT N.E. 2 AVE. ALLEY EXIT BETWEEN 108TH AND 109TH ST. Ms. Macdonald stated that she was in receipt of a petition that asked for the alleys In question to be closed . She stated that there were 81% of the residents in that area signatures on the petitions and recommended approval . Mr . Canton moved approval . Mr . Spahn seconded the motion and the vote was unanimous in favor . ITEM *6 ANNOUNCEMENTS Mayor Courtney read the announcements. ITEM *7 COUNCIL COMMENTS Mr . Canton wished everyone a happy Thanksgiving and spoke about the Florida League of Cities Taxation Committee. The other Council members wished the public a happy Thanksgiving . ITEM *8 PUBLIC COMMENTS Mr . Prospero Herrera Invited everyone to the Fine Arts concert In the park. ITEM *9 ADJOURNMENT The meeting was adjourned at 8:07 pm. 4-H ry T. Cour eyor Attest : Gail Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk