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11-03-1961 Special MeetingMIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING November 3, 1961 A special meeting of the Miami Shores Village Planning and Zoning Board was held at 7:30 P. M. , November 3, 1961, at the Village Hall, with the following members present: Mr. Gordon H. Moyer, Jr. Mr. Marion B. Arnold Mr. Elwood Jones Mr. Emrys C. Harris Mr. Thomas B. Baden Mr. Charles H. Markel, Building and Zoning Director, Mr. William Bradford, Assistant Director, and the Village Manager, were also present. The meeting was opened by Chairman Gordon Moyer who stated that it had been called for the purpose of having a full Board present to act on the pending application of the Janis Company for variance to the Zoning Ordinance in height and density regulations in the apartment zone on the east end of N. E. 105th Street. Mr. Janis had asked that the Board render a decision so that it may be brought before the Village Council at their next meeting of November 7, 1961. Mr. Bernard Janis and Mr. Craig Burton, as well as several other residents of the Village, were present. Mr. Jack Lindheimer, 1214 N. E. 92nd St., and Mr.. Mike Sumberg, 1201 N. E. 97th St., spoke in favor of a building of this type. Dr. Robert Tolxnach, 1343 N. E. 104th St., presented a list of 9 property owners who live on the north side of 104th Street who are strongly opposed to a five -story building. Mr. Janis stated if permitted, they would be willing to go ahead with this building on the east end of the property leaving the rest of the property unchanged, then it could be determined what would be best for the other tract at a later date. Mr. John Durante, 1625 N. E. 104th St. voiced objection. The Board then ruled that no further argument would be heard and after the residents had left a general discussion took place concerning method of applying for a change or variance as to ownership of the property • 11/3/61 -2- and the effect on the overall planning of the Village. Mr. Arnold stated that in view of the fact that this application has been presented in the manner in which it has, "I move that the petition as presented be denied". The motion was seconded by Mr. Harris. Mr. Harris then stated he is opposed to this petition for several reasons, the first being that he doesntt feel that the zoning objectives of Miami Shores Village as set forth in Section 101 of the Zoning Ordinance are met by the change proposed in the petition. Two, he feels that this constitutes spot zoning and favors a specific piece of property. Three, that it departs from the physical standards of buildings which have been established in the Village over a long period of time and, fourth, provides a potential threat to the master plan of the Village; and although he has tried on several occasions during the course of these hearings, he has not been able to find out if the Village has the necessary fire equipment to protect this building without investing a large sum of money for equipment. Also, he stated there is very definitely a question of interpretation of Section 1001 (c) of the Zoning Ordinance which defines the procedure for amending the ordinance by petition of "owners", if this petition meets that definition and whether or not the petitioner is entitled to request this change. Mr. Harris further referred to a clipping of a zoning case that appeared in the Miami Herald last year in which a suit was brought against the City of Surfside concerning a zoning change on the boundary of the city and the District Court of Appeals ruled that municipal boundary lines are zoning lines and as long as the zoning is reasonable within these boundaries the fact that there is a different zoning across the street in Bal Harbour doesn't necessarily mean that the City of Surfside hasn't the power to zone within its own limits. Mr. Baden stated he believes it would be undesirable for Miami Shores Village as a whole to create an area for a five -story building, one or more, that it would cause the desirability of the residential aspect of the Village as a whole to decrease. He also felt this expression had been made by many other residents. • Mr. Jones reiterated the points made by Mr. Harris and was in agreement with them. Mr. Harris then requested that the motion be amended to incorpor- ate the points he had made plus the one mentioned by Mr. Baden. Mr. Arnold 11/3/61 -3- accepted this amendment and the motion as amended was passed unanimously, with the following points being added to the motion to deny the permit: (1) Objectives of Miami. Shores zoning, (2) Spot zoning, (3) Departs from the physical standards of the buildings of the Village, (4) Provides a potential threat to the master plan of the Village, (5) Fire protection, (6) Interpre- tation of Section 1001 (c) and (7) The desirability of the Village as a place to live. Mr. Arnold asked that on questions of change of zoning that the City Attorney be present toalvise the Planning Board. The meeting adjourned at 8:40 P.M. • Clerk Approved: