09-28-1978 Regular MeetingMIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD MEETING
September 28, 1978
A regular meeting of the Miami Shores Planning & Zoning Board was
held at 7:30 p.m., September 28, 1978, at the Village Hall, with the follow-
ing members present:
Mr. Albert R. Toussaint, Chairman
Mr. Gordon H. Moyer, Jr.
Mr. Robert Stobs
Mrs. Roberta Johnson
Mr. J. S. Palmer
Mr. Sam Ackley, Village Manager, Mr. William F. Fann, Village Attorney,
and Chief Fletcher, were also present.
(1) Minutes of the meeting of August 29, 1978, were approved as
written by motion made by Mr. Palmer, seconded by Mr. Stobs and carried.
(2) A request was made by Mr. Robert Villano, 1263 N. E. 93rd
Street, for permit to reroof an existing white tile roof with cedar shingles
to match the wood trim on the home. Mr. Villano stated that this will upgrade
the appearance of the home and cost more than cement tile. In view of the
new roofing ordinance the Board felt this did not qualify for a variance and
Mrs. Johnson moved that the request be denied. The motion was seconded by Mr.
Stobs and passed unanimously.
(3) A complaint had been made that the residents at 262 N. E. 93rd
Street, owner - K. B. McGovern, Jr., were altering a detached garage without a
permit. The Building Inspector subsequently learned they were repaneling the
room for use not prohibited by the Zoning Ordinance. Mr. Lubien then issued
a permit to complete the work. Mrs. Peggy Hayward contended they were going to
use this building as an office; she also asked if permits had been taken out
for the installation of certain air conditioning units. Mrs. Johnson asked that
the Building Department report on these questions.
(4) Enforcement of zoning codes by the Police Department.
Mr. Ackley stated that it had been suggested that the Police
Department assist in the enforcement of zoning laws and he brought this before
the Board for discussion and input. Chief Fletcher explained the difficulties
in the present enforcement system the time-consuming work involved in filing
cases and the dubious validity of our laws.
Mr. Fann reported that only one zoning case had been filed
in the County Court (since 1974 when the Municipal Court was abolished) by
Mr. Bradford and that Mr. Fann had never received a report on the disposition
of the case with respect to the wording of the zoning ordinance. Mr. Fann
further advised that our laws can be enforced until reversed by a Court.
It was pointed out by the Chairman that the enforcement of
ordinances does not fall within the Board's responsibilities. However, Mr. Ackley
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asked for an expression from the Board as to Police assistance in enforcement
and the Board concurred with Mr. Ackley and the Chief of Police that this
did not appear feasible or necessary in view of the Manager's plans for re-
drafting certain departmental operations.
Committee reports:
(a) Mr. Toussaint reported on working with Mr. Ackley
on updating the Harland Bartholemew report for
the Comprehensive Plan.
(b) Mr. Stobs reported on sending out letters for input
on a private school ordinance.
(c)
Mrs. Johnson stated she was not ready to report
on the minimum housing code.
Chairman Toussaint stated that the Council had asked that the Planning
Board work on the metal shed question, and asked Mr. Moyer to check into this.
The meeting adjourned at 9:10 p.m.
•
Approved: