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