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02-20-2007 Regular Meeting• Barbara 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: EstepBeMiamiShoresVillage.com • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, February, 20, 2007 in the Council Chambers of Village Hall. The Meeting was called to order at 7:30 PM with the following individuals present: PRESENT: Al Davis JC Rodriguez Herta Holly Steve Loffredo Jim McCoy ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS 1) PLANNING & ZONING DEPARTMENT David Dacquisto A) APPEAL OF A PLANNING & ZONING BOARD DECISION TO DENY SITE PLAN APPROVAL FOR THE INSTALLATION OF A SIRIUS BACKYARD OBSERVATORY AT 352 N.E. 98TH STREET. Mr. Loffredo indicated that he had previously done legal work for the appellant and due to that prior relationship, would recuse himself from the discussion and vote. All other Council members disclosed that they had had conversations with the Staff regarding the appeal. Mr. Sarafan reviewed the procedure for the appeal hearing, suggesting that the Council hear from the appellant, then Staff, then the appellant once again. Mrs. Nobili, the property owner and appellant, explained her request to install a fiberglass observatory in her yard to house her telescope. She stated that she applied for the building permit which the Village required in order to pour a concrete slab to anchor the observatory to. She indicated that the Building Department, in consultation with the Planning Director, would only issue the building permit subsequent to Planning & Zoning Board approval. Mrs. Nobili stated that she had submitted engineering reports and wind load tests to substantiate the conservatory's structural integrity. The Planning & Zoning Board denied the site plan approval/installation as the conservatory is of fiberglass material, not • masonry construction, as required by Section 523.1 of the Village Code. Mrs. Nobili believes that it is unfair that she cannot install the conservatory just because it is made of fiberglass. Mr. David Dacquisto, the Village's Planning Director, reviewed the file, indicating that the Village Code allows for concrete construction which includes accessory buildings. Mr. Dacquisto spoke of the few exceptions provided for in the Code, i.e. a metal shed is permitted, but no fiberglass structures are permitted. Mr. Dacquisto reiterated that the Building Official had denied the permit and the Planning & Zoning Board upheld the decision of the Building Official. Individual Council Members posed questions to Mr. Dacquisto relating to the provisions set forth in the Code. Mrs. Nobili spoke of her telescope and the fact that it cannot stay outdoors because it needs to be protected from the elements. However, she said that because of its size and fragility, she cannot move it in and out of her home each time she wants to view the skys. Mrs. Nobili again stated her belief that the Village is not being fair in their decision. Mr. Sarafan read the section of the Code referring to the appeal process and clarified the Council's role in the process. Mr. McCoy moved to uphold the determination of the Planning & Zoning Board. Mrs. Holly seconded the motion and the vote was three to one, with Mr. Rodriguez dissenting and Mr. Loffredo not voting. 2) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE FEBRUARY 6, 2007 COUNCIL MEETING MINUTES. Mr. McCoy moved to approve the February 6, 2007 Council Meeting Minutes as submitted. Mr. Rodriguez seconded the motion and the vote was unanimous in favor of the motion. 3) VILLAGE MANAGER Tom Benton A) AWARD OF BID FOR JANITORIAL SERVICES TO CALVIN BUTLER'S CLEANING SERVICES. Mr. Benton provided background information on the item, indicating that the yearly total for the cleaning services exceeds his purchasing authority of $15,000. Mr. McCoy moved approval of janitorial services bid to Calvin Butler's Cleaning Services. Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion. 4) ANNOUNCEMENTS The Clerk read the announcements. 5) PUBLIC COMMENTS No one present offered any comments. 6) COUNCIL COMMENTS Council Members spoke of the success of the Mayor's Task Force Ball which took place over the weekend. 7) ADJOURNMENT Barbara A. Estep, MMC Village Clerk Al Davis, Mayor