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12-13-1962 Regular MeetingMIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING December 13, 1962 A regular meeting of the Miami Shores Village Planning and Zoning Board was held at 7:30 P. M. , December 13, 1962, at the Village Hall, with the following members present: Mr. Gordon H. Moyer, Jr. , Chairman Mr. Marion B. Arnold Mr. Elwood Jones Mr. Emrys C. Harris Mr. Thomas B. Baden Absent: None Mr. Charles H. Markel, Building and Zoning Director was also present. Minutes of the last meeting were approved as written by motion made by Mr. Arnold, seconded by Mr. Jones and passed. (1) A request was made by Mr. Eli Timoner, 1245 N. E. 94th St. , Lots 4 and 5, Miami Shores Bay View Sub. , for permit to use frame construction for an addition to his home and for a variance of one foot on the rear setback to match the existing setback. Mr. Arnold moved that the Board deny the use of frame construction and approve the one foot variance on the rear setback. Motion was seconded by Mr. Jones and passed unanimously. (2) The final plans were presented for the five -story apartment building to be constructed on the eastern end of 105th Street. The plans called for 150 parking spaces for the 100 apartments and a 30 ft. setback on the south side at the nearest point to the canal. Mr. Janis stated they wanted to erect a construction shack and sales office immediately. It was pointed out that the incinerator is for type one trash and the architect stated it will be the new type automatic feed incinerator. The sewerage plant will be enclosed in a concrete building approximately 10 ft. high. After further discussion Mr. Arnold moved that the plans as submitted be approved and that the builder be required to completely finish the building, all parking areas, landscaping, walls and pool before any occupancy permit is granted. Motion was seconded by Mr. Jones. Mr. Baden stated he had originally objected to the height of this building and inasmuch as this plan includes the height in its design, he did not feel he could consistently vote for approval of the plans. A call vote was taken with the following results: 12/13/62 -2- Mr. Arnold "Yes." Mr. Baden "No." Mr. Harris "No. " Mr. Jones "Yes." Mr. Moyer "Yes." The motion passed on a 3/2 vote. Mr. Harris wanted to explain his negative vote as follows: One, it concerns a variance in height which was disapproved when first voted upon by the Planning Board and subsequently the Planning Board was overruled by the Council. Therefore, Mr. Harris felt that this matter has been taken out of the hands of the Planning Board and should be handled by the Council. Secondly, he wanted to repeat that this height variance departs from the objectives of Section 101 of the Zoning Ordinance and it departs from the visual standards of the buildings in the Village of long standing. Mr. Harris stated he considers it a threat to the master plan of the Village. Also, he stated he never had any definite answer as to where we stand on the fire protection of the building. Also Mr. Harris stated, it has come out tonight that this may be a condominium and the tax revenue from the building in time may not be as much as anticipated. He felt that there is no question that the great majority of the residents in the Shores oppose this height variance. He also added that it constitutes spot rezoning in a sense. Mr. Moyer stated the reason he changed his vote from his original position was that he felt it was crammed down their throats in the first place with no give and take to it. But there have since been some changes made in setback and design which have added to the aesthetics of the structure. Mr. Jones stated that certain variances are controlled by the Council but he felt that a s a member of the Planning Board he is charged with the duty to pass on a plan when it is presented. The meeting adjourned at =8:20 P. M. Approved: