12-10-1981 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD MEETING
Thursday, December 10, 1981
A regular meeting of the Miami Shores Planning and Zoning
Board was held at 7:30 P.M., December 10, 1981, at the Miami Shores
Village Hall, with the following members present:
J. Robert Stobs, Chairman
Kevin P. O'Connor
J.S. Palmer
Kenneth Cutchens
Absent: Ms. Roberta Johnson
Mr. Frank LuBien, Building Director, was also present.
Minutes:
The minutes of November 12, 1981 were approved as written
by a motion made by Mr. Palmer, seconded by Mr. Stobs, and
carried unanimously.
Concerning the minutes of November 19, 1981, Public
Hearing, Planning and Zoning Board, Mr. O'Connor moved
for the following deletions:
The first full paragraph, after attendance, Page 1,
"It was never determined how many were students and faculty
of Barry College and how many were Village citizens" should
be removed from the minutes. The motion was seconded by
Chairman Stobs and passed 3/1, with Mr. Cutchens dissenting.
On Page 2, paragraph relative to speakers at the meeting,
James Kilmore, the parenthetical "not in Miami Shores" is to
be deleted. This motion was seconded by Mr. Stobs and passed
3/1, with Mr. Cutchens dissenting.
Page 4, 2nd paragraph, "This motion recommends that the sale
of all types of alcoholic beverages ... " is to be deleted. The
motion to delete was seconded by Mr. Palmer and carried 3/1,
with Mr. Cutchens dissenting.
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Mr. Stobs moved that the minutes, as amended, be
approved and passed on to the Village Council, seconded
by Mr. Palmer and carried 3/1, with Mr. Cutchens dissenting.
• (1) REQUEST FOR APPROVAL OF PLANS TO REPLACE WOOD FENCE
KENNETH NISTICO, 94 N.W. 95 STREET
Mr. LuBien reported that in all respects this
complies with our guidelines for enclosing a garage.
The work on the enclosure has proceeded; the plans
show the garage is to be enclosed with masonry wall.
After discussion with the Board relative to the number
of exit doors, the Building Code Enforcement Officer
advised that he is not aware of any provisions in the
South Florida Building Codes restricting exterior exits.
The Chairman, Mr. Stobs, requested that the Code Enforce-
ment Officer call Mr. Gabe Nitti, downtown at Metro, and
ask him the question relative to any limitation on the
number of exterior exits, and if the door to the garage
enclosure meets the South Florida Building Code - and if
not, Mr. Nistico will have to block up the door, which
constitutes a third exterior door to the house.
Mr. Cutchins made a motion, subject to Frank
LuBien obtaining the proper information on exits,
and if permissible, proceed. The motion was seconded
by Mr. Palmer and passed unanimously.
(2) REQUEST FOR APPROVAL OF PLANS TO REPLACE WOOD FENCE
IN FRONT YARD
LEWIS DAN, 1290 N.E. 102 STREET
Mr. LuBien presented to the Board pictures of the
residence in its present condition and drawings of the
proposed wood fence. The Code Enforcement Officer advised
that the original approval for the existing wood fence was
granted in November, 1972. The proposed addition is to
be 24 inches in the high, and 21 inches in the low, decorative
rather than usefull.
After review and discussion, and determination that
the only problem was that the fence was wood, and since the
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existing fence was wood, Mr. Lewis Dan wished for
esthetic reasons that the addition be in harmony
with the rest of the house. The existing fence is
not in conformance and the request for the wood fence
replacement would have to go to Council.
Mr. Stobs suggested a compromise, i.e., cut the
height to 12", which height, would not require a variance,
since 12" is not a fence. Mr. Cutchens set before the
Board that the Ordinance requiring ornamental iron or
masonry in front yard should be re -worked due to the
modern-day use of ornamental wood by architects.
Mr. Cutchins made a motion that a variance be
granted, under Section 704, for approval due to the
asthetic conditions and the structure of the house,
and also in consideration that the height of the
fence shown on the site plan is 21" at the low. This
motion was seconded by Mr. Palmer. The following vote
took place:
Mr. Stobs No
Mr. O'Connor No
Mr. Palmer Yes
Mr. Cutchens Yes
Mr. LuBien advised Mr. Dan that this is to go to
Council, Tuesday, December 1,5 1981 and Mr. Dan is to
bring copies of the site plan to this meeting.
(3)
REQUEST FOR APPROVAL OF PLANS FOR PARKING LOT
MIKE GORDON, LOTS 29 THRU 32, BLK.3, NORTH SHORE CREST,
(NORTHEAST CORNER OF BISCAYNE BLVD. & 87 STREET)
Mr. Stobs stated that after speaking with the Village
Attorney, the problem here is there is no permitted use in
a B Zone for a parking lot; a parking lot with no building
structure is allowed only in an X Zone. Since this is a
request for a parking lot by itself, with no other structure,
in a B Zone, it is not a permitted use and there are no
variances allowed. After consideration and discussion,
the Board recommended Mr. Gordon withdraw this action and
return to the Village with a new site plan showing his
proposed structure for a take-out food building with
parking lot, and apply to the Miami Shores Village for
a permit. Mr. Gordon agreed to take this course, and
this eliminated action by the Board at this time.
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12/12/81
(4) REQUEST FOR APPROVAL OF PLANS FOR FLAT ROOF ADDITION
ROBYN PIERCE, 574 N.E. 96 STREET
Mr. LuBien reported that the flat
requires the approval of the Planning &
reference Ordinance No. 433-8. The area
162 square feet - 15% of existing floor
feet. Mr. Pierce is using less than 1/2
entitled to for area.
roof addition
Zoning Board,
is approximately
area is 403 square
of what he is
The planned flat roof addition is at the back of
the building.
Mr. Stobs explained that the only consideration
before the Board was Paragraph 1, Section E, "cement
or tile roof is not practical and shall be determined
by the Planning Board." It was ascertained by the
Board that a cement or tile roof was not practical in
this case.
A motion was made by Mr. O'Connor that we approve
this request, seconded by Mr. Palmer and carried unanimously.
The meeting adjourned at 8:40 P.M.
Secretary