12-03-1959 Regular MeetingMIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD MEETING
December 3, 1959
A regular meeting of the Miami Shores Village Planning and
Zoning Board was held at 7:30 P.M. M. , December 3, 1959, at the Village
Hall, with the following members present:
Mr. Marion B. Arnold, Chairman
Mr. Gordon H. Moyer, Jr.
Col. Thomas F. Burke
Mr. Emrys C. Harris
Absent: Mr. Elwood Jones
Mr. Charles H. Markel, Building and Zoning Director, and Mr.
William Bradford, Assistant Director, were also present.
Mr. Moyer moved that the minutes be dispensed with and approved
as written. Motion was seconded by Col. Burke and passed unanimously.
(1) The first business was in regard to Dr. Paul Stratos'
petition for a zoning change on. Lots 10, 11 and 12, Block 3, El Portal
Subdivision, from residential to professional office use. A public hearing
was held on this question on November 12, 1959. As a result of this hearing
the Planning Board instructed that a resolution be prepared denying the
petition. Col. Burke stated that he did not agree with the proposed resolu-
tion, that he did not think this change would hurt the adjoining property;
in fact, he thought 2nd Ave. should be zoned for business from the El
Portal limits to 101st St. Col. Burke then moved that the Board grant the
petition for a change of zone to Dr. Stratos on Lots 10, 11 and 12, Block 3,
El Portal Sub. Motion died for lack of a second.
Mr. Moyer then read the following resolution:
"BE IT RESOLVED BY THE PLANNING BOARD OF MIAMI
SHORES VILLAGE:
That it is hereby recommended to the Village Council that
the petition of Dr. Paul Stratos for a change of zone on Lots 10, 11 and 12,
Block 3, El Portal Subdivision, located at the southeast corner of N. E.
2nd Ave. and 91st St. be denied for the following reasons:
1. To change the use zone of this property from single
family to professional office would be inconsistent with
the master plan of development of this municipality.
Z. There is no other property on N. E. 2nd Ave. through
the limits of Miami Shores now zoned for professional
office use.
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12/3/59
3. The petitioner presented no evidence that the property
is not suitable for single family use, contrarily there
exists two expensive single family homes immediately
across N. E. 2nd Avenue facing this property.
4. At the public hearing on this petition held on November
12, 1959, adjoining property owners and neighboring
property owners were of the opinion that such use would
be damaging to their property because of the commercial
atmosphere and parking and traffic conditions created. "
and moved its adoption. Motion was seconded by Mr. Harris and passed
3/1 with Col. Burke dissenting.
(2) Mr. Gianaris, owner .of the Mt. Vernon. Motel was present
to again request that he be permitted to move his sign out 10 ft. further
toward the Boulevard. Mr. Gianaris claimed his sign could not be seen
more than a block away for northbound traffic because of the curve in the
Boulevard. Discussion followed as to the setback on the Mt. Vernon sign
as well as Albert's Motel sign. Mr. Bradford, after measuring the distances
at the sites, repoted that the Mt. Vernon sign (from the center post) was
23 ft. from the property Tine and the Albert's sign, 30 ft. from the property
line. The Planning Board agreed to view the location again in an effort to
arrive at a fair decision.
(3) The Edison Center Christian Church group was again present
with a revised plot plan of their proposed church with provision for 50 park-
ing spaces, to be located on the vacant lots north of the Village Hall between
101st and 102nd Sts. Mr. Frazier stated the church capacity will seat 250
and that they felt if and when the church reached capacity, that they could
use the 2nd Ave. parking. Col. Burke stated that since the Council referred
the matter back to the Planning Board and that the church has indicated
they are reliable as far as financing of the church is concerned and that they
will have adequate parking to ,take care of their congregation, I therefore
move that it be approved. Motion was seconded by Mr. Moyer and passed
unanimously.
(4) Mr. John Looby was previously granted permit to build on
a 50 ft. lot in Watersedge Sub. , providing his plan was changed to include
a tile roof and carport. Mr. Looby has now finished the house and feels
a carport would detract from the appearance of it and requested that be be
permitted to omit the carport. The Planning Board deferred action on
this request until they have an opportunity to view the location.
(5) A proposal was made by Mr. Guy Hickman and Mr. Weeks
to re -subdivide Lots 6, 7, 8 and 9 in Block 177 into six building sites with
7-1/2 ft. side setbacks at the closest point. After considerable discussion,
Mr. Moyer moved that the Board recommend approval to the Council.
Motionwas seconded by Col. Burke and passed with the following vote:
Col. Burke "Yes"
Mr. Moyer "Yes" Mr. Arnold "No"
Mr. Harris r"yes"
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Mr. Arnold then made the following statement: "My personal
feeling is that the Council should give serious consideration to this proposal,
in that one of the lots has only approximately 5900 sq. ft. I do not know the
area in each of the other lots but have recommended to. Mr. Markel that he
have the land area figured on each of the 6 lots for consideration when it is
brought before the Council. I also wish to call attention to the fact that
there is not one violation, but two violations of our present zoning ordinance
One isthat these lotsdo not have 7500 sq. ft. of area and second, that there
is a 7-1/2 ft. set back from the inside property line which means that in
the center of the homes there will only be 15 ft. between the structures. In
my opinion, this property is suitable for only five building sites. Also, I
am not concerned about the courts changing the zoning in this area for the
simple reason that we already have a decision handed down by the Supreme
Court of Fla. This is my personal feeling and I have no agreement with the
other members of the Planning Board. But regardless of the fact that we
would like to see residences constructed along Biscayne Blvd. , I feel that we
are still in a position to dictate to the people owning that property insofar as
our zoning ordinances are affected at this particular time. I believe that
constructing six houses 15 ft. apart will certainly detract from the appearance
of other buildings in the vicinity. "
(6) Plans by C. H. Markel:
(a) House for R. W. Kohlmeier, 455 N. E. 93rd St.,
Lot 18 and W 1/2 19, Blk. 51, approved by motion
made by Col. Burke, seconded by Mr. Moyer and passed.
(b) Fla. Room addition for T. E. Russell, 63 N. W. 103rd
St. , Lot 19 & 1/2 18, Blk. 124, approved by motion
made by Mr. Moyer, seconded by Col. Burke and passed.
(c) House for J. S. Carroll, 85 N. E. 98th St. , Lots 21 &
1/2 of 22, Blk. 8, approved by motion made by Mr.
Harris, seconded by Mr. Moyer and passed unanimously.
The meeting adjourned at 9:05 P. M.
Clerk
Approved: