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05-28-1964 Regular MeetingMIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING May 28, 1964 A regular meeting of the Miami Shores Village Planning and Zoning Board was held at 7:30 P. M. May 28, 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 Absent: Mr. Donald W. Hoefle Mr. William R. Bradford, 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. Moyer and passed unanimously. (1) Mr. Paul Baron presented a new sketch of a house he would like to build on Lot "C", Watersedge Subdivision, a 50 ft. lot. All setbacks were met and the Building Inspector reported that he had an approx- imate cube of 30, 467 cu. ft. Previously the Planning Board had approved a minimum of 27, 500 cu. ft. for this lot. Mr. Arnold moved that the sketches and cubic content be approved if it meets all specifications of the Building Code. Motion was seconded by Mr. Baden and passed unanimously. (2) Representatives of the Standard Oil Company presented preliminary plans for a service station to be constructed at N. E. 2nd Ave. and 96th St., where the old Sinclair station now stands. Mr. Harris pointed out that this is a non -conforming building and quoted the zoning ordinance regarding continuance of such a non -conforming building which cannot be enlarged or structural alterations made to enlarge its area and thought the Board should hold a hearing to consider any change of this nature. Mr. Arnold felt that under Section 526 the Planning Board had the right to approve this non -conforming use inasmuch as it would be an improvement over the present use. Mr. Arnold then moved that the Board recommend to the City Council that they approve the tearing down of the old Sinclair station at 96th St. and 2nd Ave. and approve the construction of a Califormia type Standard Oil station on the present site including the additional property to the north, an area of approximately 200 ft. frontage on 2nd Ave. and the area from 2nd Ave. east to the alley on 96th St., providing that all setbacks are adhered to and also that the drawing show all landscaping; that there will 5/28/64 -2- be no revolving signs and an ornamental fence on the east side along the alley and along the north side of the property, with entrances and exits conforming to the Metro code. Motion was seconded by Mr. Moyer and passed 3/1 with Mr. Harris dissenting. Mr. Harris then made the following statement: that the present station is non -conforming under the ordinance and allstations along Znd Ave. are non -conforming because they do not meet the requirement of at least 500 ft. between gasoline stations. Under Section 226 therefore, the present station is non -conforming. Under Section 524 there are provisions con- cerning non -conforming use that would indicate the desirability of the Planning Board holding a public hearing in connection with the re -construc- tion proposed on the existing plot now occupied by the Sinclair station. In addition, there is a problem presented by the fact that Lots 11 and 12 which are now vacant and have never been used for this purpose are included in the new plan and they too are less than 500 ft. from existing stations. As a matter of policy, therefore, it is my feeling the property owners of Miami Shores Village should be given the opportunity of having a public hearing on this matter before the Planning Board and the Village Council take action of any kind. Mr. Arnold stated that this entire 200 ft. from 96th St. north on 2nd Ave. is zoned for this purpose and that the only question that we have to resolve here is under Section 526 which reads as follows: "A non -conforming use may be changed to another non- conforming use which, in the opinion of the Planning Board, will be less inharmonious with the neighborhood." Mr. Arnold added, "I, therefore, do not feel that the Planning Board or City Council is required to have a public hearing and do not feel that under the ordinance they have a moral or legal right to have a hearing. " Clerk The meeting adjourned at 8:30 P. M.