06-14-1973 Public HearingZONING HEARING
MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD MEETING
June 14, 1973
A public hearing was held by the Miami Shores Planning and
Zoning Board at 7:30 p.m., June 14, 1973, at the Village Hall, for the
purpose of considering a petition for change of zoning on the property known
as Tract A, Miami Shores Subdivision, 215 Grand Concourse, to permit
business use of this property. The following members of the Board were
present:
Mr. Fred G. Astor, Chairman
Mr. Kenneth R. Phoenix
Mr. Donald W. McIntosh
Absent: Mr. Gordon H. Moyer, Jr.
Mr. James O. Denham
Mr. William R. Bradford, Building and Zoning Director, was also
present, as well as, approximately 35 interested citizens.
The meeting was called to order by Chairman Astor who read the
notice sent to the property owners within 500 ft. which stated: "Mrs. Courtney
Kaye, photographer, has a contract to purchase the property at 215 Grand
Concourse, Tract A, Miami Shores Subdivision, the triangular shaped lot on
N. E. 2nd Ave. at the intersection of Grand Concourse, and has petitioned for
a change of zoning on the above described property to permit business use for
a photography studio and one other business use. " Mr. Astor then asked to
hear from those in favor of this petition after which those opposing will be heard.
Mr. Alan Cole, real estate broker with the Elizabeth Anstine firm,
stated he thought that a variance was being asked for to permit a home pro-
fessional office of limited business use and that with the proper beautification
it would appreciate the property and not hurt the standing of the community.
June Drake with the Keyes Company,stated they wanted to use it
as a duplex for a photography studio and one rental unit to make the purchase
financially feasible.
• Chairman Astor read a letter from Dr. and Mrs. Kenneth Wittich,
9125 N. E. 2nd Avenue, approving the requested change of zoning.
A list of signatures filed by Courtney Kaye as not objecting to this
proposal was read. There were 16 names on this list but it was ascertained
that none of them lived within the 500 ft. area.
Those in opposition were then heard.
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Mr. Alexander Kahn, 166 N. E. 93rd St. , asked what the one
other business would be and why this person wanted the property when she
had a studio. The Chairman stated that these questions were not important
to the issue.
Mr. Ken Greenblat pointed out that Dr. Wittich had previously
requested a change for his property and would like this to go through to set
a precedent.
Mr. Art Moreno, 246 N,F E. 92nd St., presented a petition signed
by 20 voters who live within the 500 ft. who oppose the change of zoning or
granting of a variance. He stated that the highest use of the property (taxwise)
is not always beneficial to the community, and that it would not be for the
benefit of the neighboring properties to change the zoning. Once you make a
change you have established a precedent.
Mr. Louis Nelson, 117 N. E. 93rd St. , stated he was opposed to
this change and he presented two letters from neighbors who were also against
it: Cora Heinly, 140 N. E. 93rd St., and Charlotte Deeds, 200 Grand Con-
course.
Mrs. William H. Walker, 126 N. E. 93rd St. , stated they would
like to keep it residential.
Mr. Joe Dugoni, 166 N. E. 92nd St. , voiced his objection.
Mr. R. L. Beaver, 155 N. E. 92nd St. , stated he was against it.
Dr. John Holly, 220 Grand Concourse, mentioned the recent hear-
ing on Dr. Stratos' request for a change on other property on 2nd Avenue and
that this would open business use all along 2nd Avenue. He stated we have two
parks that were created to establish a buffer zone to keep the business zone
contained. Dr. Holly stated he is opposed to any re -zoning and he knows that
the property is being maintained as a duplex which is being used as an argu-
ment in favor of rezoning.
Mr. Robert Frix, 270 N. E. 92nd St. , was opposed to it.
Mrs. Drake, real estate broker, asked what kind of a variance the
people would be agreeable to, and the answer was that they wanted it kept
residential.
Board member Donald McIntosh brought up the professional office
request of five years ago and stated that the dollar factor should not be con-
sidered and that financial hardship can have no bearing on creating a new
typeof zone, and that a legal hardship is hard to justify in this case.
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In support of residhential zoning Dr. Holly pointed out how people
claimed no one would build on°Eiscayne Blvd. and that they now are, and
that a house was built on a small lot at a very busy intersection of 96th St.
and 6th Ave. which apparently sold without any trouble.
The Chairman asked if anyone else wished to oppose this change
they could come forward after the meeting and sign a petition. Twenty-one
additional signatures were listed.
Mr. McIntosh stated that these hearings were an injustice to the
neighbors whether it is every five years or one year and he wanted to go on
record as requesting that the Council with the Village Attorney come up with
some legal means whereby another public hearing cannot be held on this
property. Mr. McIntosh then moved that a recommendation be made to the
Council to deny this request and that the property remain in and adhere to the
R-1 single family residential use. The motion was seconded by Mr. Phoenix
and passed unanimously.
At the suggestion of the Chairman, Mr. McIntosh moved that the
Board request a meeting with the Council and the Village Attorney to discuss
updating our zoning ordinance. The motion was seconded by Mr. Phoenix
and passed.
Mr. Astor presented each Board member with a loose leaf binder
containing a copy of the zoning ordinance and all amendments to date, for
which the Board commended the Chairman.
The meeting adjourned at 8:20 p.m.
Village C
•
Approved:
Chairman