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03-12-1964 Regular MeetingMIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING March 12, 1964 A regular meeting of the Miami Shores Village Planning and Zoning Board was held at 7:30 P.M. , March 12, 1964, at the Village Hall, with the following members present: Mr. Emrys C. Harris, Chairman Mr. M. B. Arnold Mr. Gordon H. Moyer, Jr. Mr. Thomas B. Baden Mr. Donald W. Hoefle Absent: None Mr. William H. Bradford, Building. and.. Zoning Director, was present. Notice of this meeting had been publicized and there were approx- imately. 75 people present in regard to the zoning hearing. (1) PUBLIC HEARING - RE -ZONING BLOCKS 19 AND 20, EL PORTAL SUBDIVISION Mr. Emrys C. Harris, Chairman, opened the meeting and cited the petition filed by Mrs. Ethel M. Hauk, owner of Blocks 19 and 20, El Portal Subdivision, Section 4, requesting re -zoning from A-1 to B-2. Mr. Harris reviewed the regulations requiring a public hearing for considera- tion of such petitions and notification to property owners within 500 ft. of the property in question. He further stated that the Board would hear from the petitioner first and then those in favor and then those against; that the Board will make no decision at this meeting, it will be taken at the next regular meeting following which it will go to the Village Council for final decision. Mr. Marion E. Sibley, 605 Lincoln Road, Miami Beach, repre- sented Mrs. Hauk in this petition for change of zone. Mr, Sibley stated that his client is one of the most least likely to present a petition that would in any way hurt the Shores. Her late husband, L. T. Cooper, subdivided this property and it was owned by him since approximately 1920; that taxes have been paid on the property for 44 years and now Mrs. Hauk finds her- self with two parcels along the Railroad tracks zoned for multiple family residences. Mr. Sibley stated that if you will look at the platof this property, you will see that when it was originally platted along the Railroad tracks it was put in small lots which indicated that the original purpose was for warehouses and other types of uses that would normally be found adjacent to a railroad track. From the inception they had in mind that this property was along a railroad. Now Mrs. Hauk has an opportunity to lease this property to the Tropical Chevrolet for the purpose of utilizing it in. the -2- 3/12/64 storage of new cars. Mr, Bradshaw of Tropical Chevrolet, proposes to first lease Block 20 and subsequently Block 19 solely for the purpose of storage of new cars; to bring the cars along 87th Street and they intend to build an attractive wall with appropriate landscaping in order that it will not unduly affect the people outside of Miami Shores. No one in Miami Shores will be affetted by the re -zoning of this property. Mr. Sibley was of the opinion that/0;31-71y persons legally entitled to object to this zoning are the persons who own property and are in the area of Miami Shores. If this viewpoint is sustained then Mrs. Hauk is only faced by residents of Miami Shores within 500 ft. This property could in no way affect anyone in the Village of Miami Shores. Mr. Sibley stated Mrs. Hauk should be able to utilize this property which is totally unsuited for its present zon- ing. He stated it is their desire to do everything within their power to consider the neighbors in a city that has no right to object to the re -zoning. On question by Mr. Sibley, Mrs. Hauk stated that she had ownedthese blocks about 40 years, that she had never gotten any income from them whatsoever, that she hasn't had anyone interested in building apartments. . Mrs. Hauk stated that she has had offers for uses that were very objectionable and because of her interest in the Shores she never brought them before the Board; that the lease under consideration would run for approximately 33 years. Mr. Charles Bradshaw, 8880 Biscayne Boulevard, presented a drawing of what they intend to do if this change is made. Access to this property is proposed for 87th St. with the construction of a 5 ft, wall along Railroad Avenue with landscaping. It would be for completely dead storage, that is, new car storage, not for display; there would be no display lighting, or if any, it would be strictly security lighting. They propose to pave part of the area. The movement would be about six to ten cars a day; there would be no building on this property, no noise, no movement and no lighting. They would take every precaution to take into consideration any depreciation to the property of the Village of El Portal. The Chairman then asked if there was anyone who wished:. to speak in favor of the re -zoning and there was no one. 'Then Mr. Harris called upon those interested in speaking against this petition and stated they will be divided into two groups, the first group will be the residents and property owners in Miami Shores. Mr. Bill Tango, 500 N. E. 92nd St., Miami Shores, stated (1) that it has been said that it is unusual for residential property to be next to a railroad track. Mr. Tango stated that here in Miami. Shores it is usual for residences to be next to the track; and (2) that it has been stated that the property would be landscaped, walled and be attractive. Again -3m 3/12/64 this is unusual. Mr. Tango stated he had never seen a storage plape that wasn't dusty, dirty and unsightly. He also wanted to know what the zoning was on this property when Mrs. Hauk bought it. Mr. A. W. Thomas, 557 N. E. 92nd St., Miami. Shores, stated he has three lots on which he has been paying taxes for 17 years, that the Chevrolet people have been very cooperative but there is brake testing constantly going on and air conditioning noises. He stated he doesn't see why they couldn't tear down this wall and sell the property and turn it into a place like Pickin' Chicken; that he is definitely opposed to any change on the property. Mr. Otto Brady, 495 N. E. 91st St. , Miami Shores, pointed out that the residences built Miami Shores, not business; that this is a resi- dential neighborhood with the little business that has thrived out here. He stated that any time you start zoning for business you start little and pretty soon the whole area will be encroached on. It should be kept in a residential nature. Mr. Grable D. Waters, 533 N. E. 92nd St. , Miami, Shores, stated he purchased a home in Miami Shores because he thought it was the nicest section of Florida to live in. He stated he is opposed to the parking of automobiles or new automobiles; that the testing of brakes and running up new cars is annoying; that he has never seen a For Sale sign on this property and is definitely against this re -zoning. Mr. Andrew McDonough, 9118 N. E. 5th Ave. , Miami Shores, stated he came here 24 years ago; that he has seen the traffic caused by Tropical Chevrolet and how this area is being used for a testing ground for brakes and new cars. If it is a residential area, he stated, letas keep it a residential area. Mrs. E. A. Johnson, 520 N. E. 92nd St., Miami Shores, stated she is definitely against any change from a residential zoning, Mr. Arlis Nimmo, Mayor of El Portal, stated he has a home in El Portal within 500 ft. of this area and he has listened to loud speakers when salesmen are called on the phone, has heard them banging out fenders and. -has seen them going up, and down the streets, testing brakes going 60 miles an hour in Corvairs and Corvettes. Mr. Nimmo state, the people have done everything possible to maintain a residential zoning in their Village and have cooperated with Miami Shores to maintain this residential zoning. Mr. Nimmo stated a petition had been circulated among the property owners and they have 72 names who are against any change in zoning from multiple dwelling. Mr. Nimmo pointed out that they would need lights for security; also they would have unloading and loading of these cars. They say the lease would be for 33 years but there is nothing -4- 3/12/64 to prevent Mr. Bradshaw from selling this lease to anyone he desires to; also a wall of the type presented is not a very pleasant thing to look into. Mr. Niammo stated that the property owners within 500 ft. would be greatly damaged by the decrease in value of their property. The people of El Portal are the owners of the Village Hall immediately adjoining the property across the street. He felt that such an opening on 87th Street to the prop- erty would be a terrific traffic hazard at this point and unsightly for the people. of El Portal to look at. Mr. Ninimo stated he has heard from people who offered to purchase this property but heard from Mrs. Hauk that she would..not sell it under any circumstances. He felt they had a legal right to be heard at this hearing; that the people of El Portal would be satisfied ifthis property were zoned for professional offices. Mr. Nimmo pointed out that Tropical Chevrolet has a permit for a multiple story building on the property east of the railroad but Tropical Chevrolet doesn't want to build this since it would belong to Mrs. Hauk after the lease period. Mr. Nimmo stated that the petition had signatures of only those within the 500 ft. areaalthough they could have gotten a thousand signatures. Mr. Thomas L. Hamilton, 8750 N. E. 4th Ave. Rd., El Portal, stated_that he had offered to purchase these lots from. Mrs, Hauk for apart- ment use at a good price and she flatly refused. She said she was pro- tecting the Village of Miami Shores and El Portal and that the property was not for sale. Mr. Hamilton stated he lived less than 100 ft. from the corner of this property and would like very much to keep it exactly as it is. E1 Portal Mr. Fred Smith, 89th St. and Railroad Ave. ,nbought his prop-. erty in 1924 and doesn't want to live across the street from such a thing. Mr. Joseph A. Wanick, attorney for the Village of El Portal, wanted to advise this Board that it should be obvious by the mere fact that Mr. Sibley is here that the stakes must be enormous, that it in- volves not just a few paltry dollars, because Mr. Sibley comes high. Mr. Wanick thought this case was hopeless; that Mr. Sibley should not have tried_ to make any distinction between the people of El Portal an4 Miami Shores. He didn't think that the statement made by Mr. Sibley that the people of El Portal have no voice in this matter was correct. Mr. Wanick stated hedidn't think there was anything lower than a storage place for new cars except a junk yard. It would place us in Medley on of r zoning. He stated that the basic question is, can Mrs. Hauk use this property for the purposes for which it is zoned? Mabel Sullivan, 9801 N. E. 4th Ave. , El Portal, stated she had had, the privilege of working in Marion Sibley's office and that she would rather have Mr. Sibley on her side. Concerning Mr. Sibley's opinion that the people of El Portal do not have a voice, Mrs. Sullivan contended that half the laws were made by good attorneys and the other good attorneys made their living by finding loop holes in these laws. She stated everyone she contacted is willing to fight this, even in court. -5- 3/12/64 Mr. A. C. Franks, 465 N. E. 89th St., El Portal, has been a resident of El Portal for ten years. . Mr. Franks stated he bought this property because it is at a deadend street and quiet. If you will consult the Dade County zoning you will find there is three times the amount of commercial zoning than is presently needed. He thought Mrs. Cooper owes the people of El Portal an obligation. Mr. Franks stated it is the duty of a municipality to protect the people, to look after their safety and welfare and to protect them against crime. Health, safety and welfare are the only things that justify the creation of a municipal corp- oration. Mrs. Hauk owes us who live there an obligation to leave that zoning the way it was when we bought our homes there. Mr. Franks expects the city of El Portal to be on the firing line in this zoning, that it is theirduty to do that. Mr. Franks stated he has been in many zoning cases; that there is no question that the establishment of this business will create a terrific traffic hazard. He mentioned the loud telephone calls, the pounding, the screeching of brakes. Mr. Franks added. that he felt that if this property were rezoned he would have to sell his home. He repeated that they have an obligation to the people of Miami Shores and El Portal to keep this property as is. Mrs. Nora Ruber, 420 N. E. 87th St. , El Portal, stated that Mr. Bradshaw of Tropical Chevrolet should come into her home and listen to .the noise that comes from that place now. Mr. John F. Cleaver, 485 N. E. 89th St. , El Portal, stated he didn't think the political boundary should have any affect on this zoning. He .is definitely against any change in zoning. Mr. Frank Weaver, owner of Lot 9, Block 18, El Portal Sub- division, (Miami Shores property) directly across the street from the proposed change of zoning, stated he is retired now and plans to build a house on that lot and certainly wants to be recorded as being opposed to the change of zoning, and would be happy to cooperate with anyone who is handling this opposition. Mrs. Oakford, 430 N. E. 88th St. , El Portal, stated she is the Village. Clerk of El Portal., and that she had many, many calls from residents who want to oppose this and that she personally is opposed to it. Mrs. Gertrude Sommer, 456 N. E. 88thSt. , El Portal, stated if thiszoning did go through it would be a hazard for the street has no; traffic light, there is no way to get across. She stated that many of her friends have made offers to buy this property but Mrs. Hauk would not sell. She, too, has heard all the noise from the Chevrolet place and thought the parking lot would be an eye sore and is strongly against, rezoning. 3/12/64 -6- Mrs. Charles A. Clark, 420 N. E. 90th St. , El Portal, stated that knowing Mr. Bradshaw, she knows he would fight as they are, if it affected, him. Mrs. Clark didn't think it is the American way to separate the two towns. She stated that she has not found one person who is not opposed to this, and she added, she has been in a car that was being tested along that street at 60 miles an hour. Mr. Clarence Nielsen, 490 N. E. 91st St. , Miami Shores, wantedto go on record as being opposed to this zoning for the reasons already given. Mrs. Gordon B. Certain, Jr., 533 N. E. 91st St., Miami Shores, pointed out that Mrs. Hauk's gain would be their loss; that she is definitely against-. it Mr. Sam Sissin9 471 N. E. 88th. St. , El Portal, concurred with all that has been said and is against this proposition. Mrs. Mabel Cooper, 448 N. E. 90th St., El Portal, is opposed to any rezoning. it. Mrs. Helen Woolford, 486 N. E. 87th St., El Portal, is against Mr. George Hand, 477 N. E. 92nd St. , Miami Shores, mentioned that the F.E. C. are moving their freight yards to Hialeah and that there will not be any freight trains coming through which will make the property much more valuable since there will be less movement on the tracks. He is against this change. Mrs. Morris Green, 8762 N. E. 4th Ave. Rd. , El Portal, is definitely against it. Mr. Jim Powell, 420 N. E. 88th St. , El Portal, is against this rezoning. He stated he is a teacher and teaches the democratic way and felt the Commission should favor the majority of the people. Mr. Stephen Heffield, 435 N. E. 88th St. , El Portal, is opposed to -this change; that he ha.d been on a committee who made a proposal to this lady for the land and she stated she would not sell, would only lease it for 99 years. Mr. H. J. Delaney, 425 N. E. 87th St. , El Portal, stated he was opposed to this petition. -7- 3/12/64 Mr. Sibley, attorney for Mrs. Hauk, called attention to the zoning along the Railroad with professional offices immediately north. He stated El Portal has a City Hall across the street with all its commotion; that he didn't think there was anything wrong with this • zoning. Mr. Sibley stated he would be willing to abide by the Elecision of the Village Attorney as to whether or not the citizens of Miami Shores only should be considered. Mr. Sibley stated he thought it was a fair request and should be granted by this Board. Mr. Baden, member of the Planning Board, asked Mr. Brad- shaw about Block 19. Mr. Bradshaw stated be has no plans for this block. Mr. Moyer asked Mr. Bradshaw how many used cars are on display. Mr. Bradshaw stated about 80 used cars. Mr. Moyer stated he was on the Board when the application came up and at that time had asked about used cars there at any one time displayed and the answer was three or four. Mr. Moyer asked Mrs. Hauk if any one had asked about building a church on that site. Mrs. Hauk said yes but that she had thought the noise would be bad. Mr. Hoefle asked Mr. Bradshaw about a lease for both blocks. Mr. Bradshaw stated they have not gone that far. At this time they are only considering Block 20. Mr. Heffield, 435 N. E. 88th St. , stated he was on a committee two or three years ago, who proposed to buy that property for °a church andMr.s. Hauk would not sell; she wanted $40,000 fora lease. Mr. Harris asked Mr. Sibley if he had any studies made in connection with this property with reports and evidence available which would indicate whether or not this property can only be used for the purpose which they are requesting, or indicating that it cannot be used for the purposes it is presently zoned for. • Mr. Sibley stated he didn't have any actual evidence., just opinion_ Mr. Harris asked if a study was made to indicate this need and what effect it would have on the surrounding property values. Mr. Sibley stated he did not have anything in this regard. The hearing was then adjourned at 9:20 P.M. -8- 3/12/64 (2) Returning to the regular business of the meeting, Mr. Baden moved that the minutes be approved as written. Motion was seconded. by Mr. Arnold and passed unanimously. (3) Request was made for a permit to build on a 50 ft. lot by Dan. Schmidt, Lot 3, Block 94, Miami Shores Subdivision, located on N. E. 102nd Street west of 6th Avenue. After some discussion concern- ing other 50 ft. lots that were sold from an improved residence, Mr. Arnold moved that it be approved as has been done, provided it meets all setbacks, etc. Motion was seconded by Mr. Moyer and passed by four affirmative votes with Mr. Harris not voting. The meeting was adjourned at 9:30 P.M. Clerk Approved: