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10-09-1969 Zoning HearingZONING HEARING MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING October 9, 1969 A zoning hearing before the Miami Shores Planning and Zoning • Board was held at 7:30 p.m., October 9, 1969, at the Village Hall, with the following members present: Mr. Donald W. McIntosh, Chairman Mr. Gordon H. Moyer, Jr. Mr. Thomas B. Baden Mr. Irving E. Horsey Mr. Fred G. Astor Absent: None Mr. William H. Bradford, Building and Zoning Director, Mr. Thomas H. Anderson, Village Attorney, and Mr. John W. McIntyre, Village Manager, were also present, as well as about 20 Village citizens. The meeting was called to order by Chairman Donald McIntosh and the minutes of the last meeting were approved by motion made by Mr. Moyer, seconded by Mr. Astor and passed unanimously. The Chairman stated that the hearing is for the purpose of consider- ing a petition made by Dr. William Boyle and Dr. William Ridinger, to rezone the property at 9300 Biscayne Blvd. from residential to professional office use. Dr. Boyle stated that he and Dr. Ridinger are owners of Lot 5, Block 65, Miami Shores Subdivision, located at 93rd Street and Biscayne Blvd. and that it is not suited for a single family residence. He stated it is across the street from the Mt. Vernon Motel, that there is an apartment zone on the south and an apartment zone on the east. Dr. Boyle presented a sketch of the re -modeling of the house at 9300 Biscayne Blvd. for a dental office with provision for 8 parking spaces. Mr. John Wahl, 740 N. E. 94th Street, stated that this would be highly illegal spot zoning and that it would be the beginning of a breakdown of the zoning. He stated he is strongly opposed to any business in a residential section of Miami Shores. Mr. John Contney, 705 N. E. 94th Street, stated he was represent- ing himself and some of his neighbors who have little children, and he wanted to object to this proposal on the grounds that it would bring additional traffic to this area, that -it would change the character of the neighborhood and make it less desirable for his family. 10/9/69 -2- Dr. M. Jay Flipse, 715 N. E. 93rd Street, opposed this proposal this p sa for the reasons already mentioned, he does not want a business that requires cars and objects to spot zoning, that if the zoning is adhered to they could occupy the residence and have the use as an office. Dr. Flipse stated he is opposed to re -zoning. Mr. Richard Cooper, 780 N. E. 94th Street, stated it would be a commercial project with traffic and that it would create a traffic hazard at that corner, that it would affect the vacant lots adjoining this property and make it easier for someone to come along and put a commercial project on the property next to it. He strongly objects to this re -zoning. Mrs. Henry Tenho, 709 N. E. 93rd Street, wants a nice quiet neighborhood and thought this would destroy the neighborhood. Mr. Sid Reese, 718 N. E. 95th Street, stated he is against it, that he moved into the Shores for a residential area, that the extra cars with pre-school children could cause trouble and that he would like to see the zoning stay the way it is. Mr. Ottie Little, 711 N. E. 93rd Street, stated he was against the re -zoning. Mr. Clemens Scholl, 680 N. E. 93rd Street, stated he was against this change. Mr. Palmer Reynold, 785 N. E. 94th Street, stated he is opposed to rezoning and he wanted to know if there is any real need to change this residential properly to an "O" zone as it seems there is sufficient office space in the Village. Letters objecting This proposed zoning were received from Mr. Frank A. VanHorn, 695 N. E. 93rd Street and Mr. Harry C. Mandt, 739 N. E. 94th Street. The chairman then asked for a show of hands of people who were against it who had not spoken and the count was nine. There were two people in favor of the proposal, Mr. and Mrs. M. A. Jones of 9322 Biscayne Blvd. , who stated they would like to get rid of this eyesore. Chairman McIntosh reported that this zoning proposal had been referred to our planning consultants, Harland Bartholomew _-Associates, • 0 10/9/69 -3- for their opinion. In summarizing their letter he referred to the traffic plans for this area as decreasing the desirability for single family homes along Biscayne Boulevard. Mr. Charles Matus, 725 N. E. 93rd Street, who owns the property adjoining the location under discussion, stated that he also would not like to see it spot zoned. After some repeated arguments on both sides, Mr. Astor moved that the Board take the matter under advisement and render a decision at the next Planning Board meeting two weeks from this date. Motion was seconded by Mr. Moyer. Mr. Baden asked if the meeting with the planners would take place prior to the next Board meeting, which was confirmed. The motion was then passed unanimously. The meeting adjourned at 8:20 p. m. Clerk Approved: Chairman y- - f- 67 HARLAND BARTHOLOMEW - AND ASSOCIATES PLANNERS - ENGINEERS - LANDSCAPE ARCHITECTS - URBAN RENEWAL CONSULTANTS 1700 COMMERCE DRIVE, N. W. ATLANTA, GEORGIA 30318 331-6414 April 23, 1969 Planning Board 10050 N. E. 2nd Avenue Miami Shores Village, Florida 33138 Dear Sirs: Reference is made to the letter request of Dr. William L. Ridinger for rezoning of property' being purchased by him at 9300 Biscayne Boulevard. The letter was forwarded to us by Miss Vigneron as directed by your Board. As stated in our letter of December 19, 1968, regarding the similar request of Dr. Kenneth C. Wittich, we feel that under present conditions, professional offices should be confined to established, commercial districts. Our further study of the zoning ordinance and map, since the date of that letter, raises the question in our minds as to whether doctor's and dentist's offices should continue to be listed in home occupations permitted in all residential districts by Article IV of the ordinance. These uses are deleted in the study draft of the ordinance, which will shortly be submitted to your Board and the Village Council. In requesting a change from "R" to "0" Zoning, it seems apparent that Dr,. Ridinger does not intend to reside in the house but, to convert its use in its entirety to a professional office. This gives the Planning Board authority to approve or disapprove the establishment of a spot "0" district for his accommodation. As we interpret the ordinance, there would have been no alternative to granting a certificate of occupancy had he intended to establish residence at this address. Unlike the block in which Dr. Wittich proposed to locate at N. E. Sixth Avenue and Park Drive, which was at the east extremity of a stable, residential neighborhood, from information and plans for thoroughfares and rapid transit obtained from the Dade County Planning and Engineering Departments, it appears that the area bounded by Biscayne Boulevard, N. E. 100th Street, Florida East Coast Railroad and the south village limit must be recognized in the land use plan as a transitional area. The use proposed by Dr. Ridinger would possibly not be objectionable to the transitional uses. Our objection at the present time would be based upon the -general- undesirability of spat zoning. • Planning Board April 23, 1969 Page 2 If the Planning Board feels favorably disposed to the proposed revision of the Zoning District Map, it is recommended that Dr. Ridinger be required to obtain signatures of a majority of the freeholders -on both sides of N. E. 93rd Street, between Biscayne Boulevard and Club Drive, in addition to the immediate neighbor, C. Matus, to a statement that they have no objections to the proposed rezoning. We shall be glad to discuss the general problem of professional office use with your Board during our next visit to Miami Shores. Yours very truly, HARLAND BARTHOLOMEW AND ASSOCIATES JGP:bge Enclosure: Original - Dr. Ridinger's letter dated April 3, 1969 • • James G. Phillips Urban Planner