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10-23-1980 Regular MeetingMIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING October 23, 1980 A regular meeting of the Miami Shores Planning & Zoning Board was held at 7:30 p.m., October 23, 1980, at the Miami Shores Community Center, with the following members present: Mr. J. Robert Stobs, Chairman Mrs. Roberta Johnson Mr. J. S. Palmer Mr. Kevin P. O'Connor Mr. Kenneth Cutchens Absent: None Mr. Frank LuBien, Building Director, was also present, as well as approximately 175 interested citizens. MINUTES of the meeting of October 9, 1980, were approved as written by motion made by Mr. Palmer, seconded by Mrs. Johnson and passed unanimously. (1) Unfinished business: Request for variance on setback for garage enclosure at 900 N. E. 97th St., owner a- Hernando DePineres. At the last meeting the. Board questioned the setbacks on this irregularly shaped lot and how they would apply to the proposed addition. Mr. Gus Larson, representing the architect, explained that the lot faced Biscayne Blvd. and that the original permit was issued on the basis of a side setback where the garage is, and that the established setbacks were not non -conforming. The bay window on the proposed alteration extended into the setback. Mr. Larson stated they would remove the portion encroaching into the setback and withdraw their request for a variance. This was accepted by the Board along with the request to enclose the garage. No action was required. (2) PUBLIC HEARING ON REQUEST BY MIAMI" SHORES PRESBYTERIAN CHURCH TO CLOSE A PORTION OF PARK DR. Chairman Stobs opened the hearing and reviewed the request made by the Presbyterian Church to close Park Drive to the public at N. E. 95th Street. He outlined the procedure to be followed in the hearing, allowing the Church to present their plan and the reasons for it, after which those in opposition will be given an opportunity to be heard. Attorney Don Nicholson, representing the Presbyterian Church, announced that the church had invited its members to communicate their position on this matter and in response received 330 post cards of which 329 were in favor of the closing and one against. Mr. Nicholson reviewed the location of the property, the previous plan to close Park Drive at 6th Avenue, and the reason for the request being the safety of the users of the church in crossing the street, both young and old. Rev, Timothy Croft, minister of the Presbyterian Church, stated that their only concern is one of safety and that they had asked Metro -2 - Department of Traffic & Transportation for a study and they offered this suggestion. 10/23/80 A film was shown of Park Drive with cars speeding down this street as well as children walking and riding bicycles in the street. Mr. Allen Morris, developer of comrecial property, stated that it would increase the public area and increase the aesthetic value, that the property can be used for people instead of cars, and it would create additional parking for the church. Mr. Gene Simm; Director of Dade County Traffic & Transportation, stated that approximately 595 persons cross Park Drive in a week, that it is not a busy street but it is used as a cut off to avoid the signal at 96th St. He stated that there have not been any accidents but there is a potential for accidents, and he is supportive of the plan presented by the Presbyterian Church. Chairman Stobs asked why there weren't any signs put up as to school crossing. Mr. Simm answered that this would be the least effective way of handling the problem. Mr. Nicholson submitted three letters to the Board supporting the plan on behalf of the church. Mr. Dave Plumber, consulting engineer, stated he totally agreed with the closing of Park Drive. Mr. Stobs then opened the floor to those who had received direct notification of this hearing. Grace Moreno, 246 N. E. 92nd St., came forward to voice opposition, although she does not live in the area. Attorney Howard Barwick, representing property owners on Park Drive, spoke against the closing. A film was presented showing timed intervals between cars using Park Drive, and orderly double -file crossing of the small school children. A traffic engineer reported his professional opinion against the plan. Dr. Jack Soutar, 660 N. E. 95th St., stated that approximately 100 children a day visit the doctors along Park Drive and it is their parents' privilege to use Park Drive instead of the busier streets. He presented a petition signed by property owners, business people and others who are interested, who oppose the closing. Chairman Stobs read the opinion given by the Village. Attorney, that his "reasearch indicates that essentially the only basis for vacating a street plat, or a portion thereof, at the request of an individual, partner- ship, or non-governmental corporation, is non-use." Mr. Stobs further stated that the Power Company reported that they would need an easement to maintain existing overhead electrical distribution facilities, A report from the Police Dept. indicated that there were no accidents over the past three years with injuries or property damage greater than $100.00. Mr. Mike Khoury, 249 Grand Concourse, spoke in support of the Presbyterian Church. Mr. Isadore Hanken, 1273 N. E. 92nd St., wanted the Board to vote for all citizens of Miami Shores. 10/23/80 -3- Mr. Jerry Lance, 246 N. E. 102nd St., a member of the church, wanted the street to be closed to protect the children. Mrs. Betty Jensen, 2 N. W. 110th St., thought there should be a crossing guard; that she is opposed to closing any street which is owned and used by the people of Miami Shores. Mr. Carl Orleman, 9600 N. Miami Ave., stated that this would establish a precedent to close streets, that there are traffic hazards all over Dade County, and if a precedent is set for closing the street we are going to have an awful lot of closed streets. Jack O'Connor, 9125 N. Bayshore Dr., didn't think it would be a problem to the doctors, and he wanted to solve the problem before there is a serious accident. Mr. William Wightman, member of the church, thought it would be a good idea. On an informal vote taken of those present it appeared two thirds were in favor against one third opposing. It was further disclosed that everyone present in favor of the closing was a member of the Presbyterian Church. Following an intermission members of the Board voiced their observations and comments. Following which Mr. O'Connor moved that the motion to close Park Drive be refused by this Board. Mr. Cutchens seconded the motion and it was passed unanimously. The meeting adjourned at 11:00 p.m. • Approve