09-19-2006 Regular MeetingBarbara Estep, MMC
VILLAGE CLERK
MIAMI SHORES VILLAGE
Office of the Village Clerk
10050 N.E.2nd Avenue
Miami Shores, Florida 33138
Tel: (305) 795.2207
Fax: (305) 756.8972
E-mail: EstepBMiamiShoresVillaqe.com
MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The Miami Shores Village Council held their regularly scheduled Meeting following the second and final Budget
Hearing on Tuesday, September 19, 2006. The Meeting was called to order at 7:11 PM with all members of the
Council present, as well as the Village Manager, Village Clerk and Village Attorney.
PRESENTATIONS
•Village Lobbyist, Bob Levy, provided the Council with a legislative update and introduced Senator Gwen
Margolis' Senior Aid, Sharon James.
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Mr. Scott Seeburger from the Department of Transportation, provided an update on the South Florida East Coast
Corridor Study, including a date for the planned Public Hearing on the project. Mr. Seeburger indicated that the
Public Hearing would be held on November 9th at the Gwen Margolis Center located in North Miami.
CONSIDERATIONS
1) PLANNING & ZONING DEPARTMENT David Dacquisto
A) APPEAL OF A DECISION OF THE PLANNING& ZONING BOARD TO DENY A PROPOSED
SITE PLAN FOR A LOT SPLIT.
Village Attorney, Richard Sarafan, (serving as advisor to the Council and not as the Village's representative
opposing the appeal)provided information regarding the standard for the appeal, outlined the procedures for the
appeal and advised that the Council should make disclosures as to any discussions or site visits related to the
appeal. Individual Council Members disclosed any contacts they had with staff, the appellant, or others regarding
this matter, as well as any site visits to the property. Mr. David Dacquisto, Planning & Zoning Director, opposed
the appeal on behalf of the Village, outlined the background of the item and indicated that his staff report and the
information contained in the application and associated file had been provided to them for the record.
Mr. Andrew Dickman, Attorney for the appellant, introduced himself and produced materials to distribute to the
Council. It was suggested that a brief recess be called to allow Mr. Dacquisto to review the materials to ensure
that no new evidence would be introduced into the record. A brief recess was called at 7:55 PM and the meeting
was reconvened at 8:00 PM. Mr. Dickman provided a history of the property, argued that there were
discrepancies in the legal descriptions and a resulting error in the survey, which he believes led to the pool being
constructed within the normal lot setbacks. Mr. Dickman stated that the subject property is comprised of two and
a half lots which contain a single family dwelling and a pool and deck, and that the request which had been made
before the Planning & Zoning Board was to split the property to make two lots, one 75 feet in width and the other
85 feet in width. Mr. Dickman provided information regarding the average lot size for the properties
surrounding the subject property. Mr. Dickman asserted that section 523.1 requiring harmony within
neighborhoods refers to buildings, not pools and that the requested lot split did not jeopardize the harmony of the
neighborhood because the resulting lots would still exceed the required 7500 square feet stipulated in the Code.
Mr. Dickman reminded the Council that the request was for a lot split, not a replat of the lots and that the split is
proposed along the lot lines.
Mr. Dacquisto addressed the issues that were raised by Mr. Dickman, stating that the pool construction had
nothing to do with the survey error and that there had been no way, until an applicant came forward requesting
the lot split, to determine where the new property line might be drawn.
Following brief comments made by Council Members and clarification from the Village Attorney regarding the
Council's responsibility in making a determination, Mr. McCoy moved to uphold the Planning & Zoning Board's
denial for the lot split as presented. Mrs. Holly seconded the motion and the motion was unanimous in favor of
the motion.
2) VILLAGE CLERK Barbara A. Estep
A) APPROVAL OF THE JULY 18, 2006 COUNCIL MEETING MINUTES AND THE SEPTEMBER
5, 2006 BUDGET HEARING MINUTES.
Mr. McCoy moved to approve the July 18, 2006 Council Meeting Minutes and the September 5, 2006 Budget
Hearing Minutes as presented. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the
motion.
3) VILLAGE COUNCIL Herta Holly
A) DISCUSSION AND POSSIBLE ACTION CONCERNING THE MY SAFE FLORIDA HOME
PROGRAM.
Mrs. Holly offered information regarding the State's My Safe Florida Home Program and her opinion that the
Village may want to look into the program's requirements and if feasible, distribute the information and assist
employees in applying for the grant monies. Council Members discussed the idea and how the program may
benefit the residents and employees. Following the discussion, it was the concensus of the Council to have staff
research the program and get back to the Council with additional information.
4) ANNOUNCEMENTS
Ms. Estep read the announcements.
5) PUBLIC COMMENTS
Bekky Leonard Ms. Leonard announced the Property Owner's Association General Meeting scheduled
for Monday, September 25th.
6) COUNCIL COMMENTS
Steve Loffredo No Comment
• JC Rodriguez Thanked Steve Loffredo for his work in getting the electrical transfer switches for
generator power for a few intersections.
Herta Holly No Comment
Jim McCoy No Comment
Mayor Davis No Comment
7) ADJOURNMENT
The September 19, 2006 Regular Council Meeting was adjourned at 8:55 PM.
Barbara A. Estep, MMC
Village Clerk
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Al Davis, Mayor