12-04-2007 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: EsteDB a(�,MiamiShoresVillage.com
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MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, December 4, 2007 in the
Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following members in
attendance:
PRESENT:
Herta Holly
Steve Loffredo
Hunt Davis
Prospero Herrera
JC Rodriguez
PRESENTATIONS
Mr. Benton presented the December House of the Month Award to Deborah Robinson of 118 N.W. 102n1 Street.
Mr. Bob Levy, the Village Lobbyist, provided a brief legislative update to the Council.
CONSIDERATIONS
1) PLANNING & ZONING David Dacquisto
A) AN APPEAL OF A DECISION OF THE PLANNING & ZONING BOARD TO DENY THE
INSTALLATION OF A "WATER FEATURE" IN THE FRONT YARD OF 1200 N.E. 96TH
STREET.
Mr. David Dacquisto, the Village's Planning & Zoning Director, provided background information to the Council
regarding the Village's actions and the Zoning Board's decision to deny the applicant's request to have the
constructed water feature remain in the front yard. Mr. Sarafan reviewed the appeal procedure for the Council,
reading the applicable sections from the Code of Ordinances.
The property owner, Mr. Guillermo Feliz and his brother, Lorenzo Leon, were present. Mr. Leon advised the
Council that the area containing the water feature had previously been landscaped with shrubs that kept dying so
he designed and built the water feature for his brother. Mr. Leon offered his reasons why the feature should be
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allowed to remain. Council members queried the appellant and Mr. Dacquisto regarding various statements,
including the specific provisions of the code, and the circumstances and timelines relating to the construction.
Following the discussions, Mr. Rodriguez moved to approve a variance to allow for the water feature to remain,
with a condition to setback the water feature a distance of 8' from the sidewalk and fill in the 8' space with any
lawful landscaping material. Mr. Herrera seconded the motion. Additional discussion ensued regarding the
consequences of overturning the decision of the Planning & Zoning Board and granting a variance. At the
conclusion of the discussion, Mayor Holly called for the vote. The motion failed as Mr. Rodriguez and Mr.
Herrera voted in favor of the motion and Mrs. Holly, Mr. Davis and Mr. Loffredo voted against the motion.
2) VILLAGE CLERK Barbara A. Estep
A) APPROVAL OF THE NOVEMBER 20, 2007 COUNCIL MEETING MINUTES.
Mr. Loffredo moved to approve the November 20, 2007 Council Meeting Minutes. Mr. Herrera seconded the
motion and the vote was unanimous in favor of the motion.
B) DISCUSSION & POSSIBLE ACTION REGARDING A REQUEST BY THE IRON SUSHI
RESTAURANT FOR A SPECIAL CONDITIONAL USE PERMIT TO SELL BEER & WINE AT
THE RESTAURANT LOCATED AT 9432 N.E. 2ND AVENUE, MIAMI SHORES.
It was confirmed that the request by the new restaurant was a routine request, similar to requests granted to other
establishments in Miami Shores and that the restaurant will be open at least five days per week and serve cooked
food for both lunch and dinner. Mr. Davis moved to approve a Special Conditional Use Permit to sell beer and
wine for the Iron Sushi restaurant. Mr. Herrera seconded the motion and the vote was unanimous in favor of the
motion.
3) PLANNING & ZONING David Dacquisto
A) A RESOLUTION OF THE NIIANII SHORES VILLAGE COUNCIL, MIAMI
SHORES VILLAGE, FLORIDA, APPROVING THE 2025 MIAMI SHORES
COMPREHENSIVE PLAN, PREPARED BY MICHELE MELLGREN &
ASSOCIATES, AND THE VILLAGE STAFF, DATED NOVEMBER, 2007;
AUTHORIZING TRANSMITTAL TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS FOR REVIEW WITH COPIES TO ADJACENT
LOCAL GOVERNMENTS AND ALL AGENCIES LISTED UNDER RULE
9J-11.009(6), F.A.C., PROVIDING FOR AN EFFECTIVE DATE. (Public Hearing)
Ms. Estep read the caption of the Resolution. Mr. Dacquisto offered information regarding the Comprehensive
Plan adoption process and timelines. Mr. Dacquisto stated that the document provides for the changes mandated
by changes in the State Statutes as well as amendments specific and unique to the Village. Mr. Dacquisto
outlined the amendments made to the plan and the associated maps. Mr. Davis moved to adopt the Resolution
as presented. Mr. Herrera seconded the motion.
Mayor Holly opened the Public Hearing and resident C.F. Chambers spoke of the need to keep the Village's
residential zoning intact. As no one else present wished to speak, Mayor Holly closed the Public Hearing.
As part of the Comprehensive Plan adoption process and school concurrency, the Village has been notified of an
amendment to the Interlocal Agreement between the Village and the Miami -Dade County School Board.
Therefore, Mr. Loffredo moved to approve the execution of the amended Interlocal Agreement. Mr. Herrera
seconded the motion and the vote was unanimous in favor of the motion.
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4) ANNOUNCEMENTS
Ms. Estep read the announcements.
5) PUBLIC COMMENTS
CJ Chambers Mr. Chambers spoke of the construction of N.E. 2nd Avenue.
6) COUNCIL COMMENTS
Council Members wished everyone a Happy Holiday season.
7) ADJOURNMENT
The December 4, 2007, Council Meeting was adjourned at 8:45 PM.
Barbara A. Estep, MMC
Village Clerk
Herta Holly, Mayor