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05-27-1982 Regular MeetingHEARING PLANNING AND ZONING BOARD MEETING THURSDAY, MAY 27, 1982 7:30 P.M. MIAMI SHORES VILLAGE HALL A meeting of the Miami Shores Planning and Zoning Board was held on May 27, 1982, at 7:30 PJM., at the Village Hall, with the following members present: J. Robert Stobs, Chairman J.S.Palmer Kenneth Cutchens Kevin O'Connor Roberta Johnson Also present: Frank LuBien, Building Director & Code Enforcement Director Leslie R. Forney, Jr., Village Manager 1) MINUTES: The minutes of the meeting of May 13, 1982 were approved as written by a motion made by Mr. Palmer, seconded by Mrs. Johnson, and carried unanimously. 2) PUBLIC HEARING - REVISION-TO'ORDINANCE N0. 270, SCHEDULE OF REGULATIONS 'COMMERCIAL VEHICLE AMENDMENT The proposed amendment to the Ordinance reads: "Unmarked pick-up trucks and vans of 3/4 ton capacity or less shall not be con- sidered to be commercial vehicles." Chairman Stobs reviewed the existing Zoning Ordinance in its entirety, and comments were invited from the floor. Mr. Victor Bezdek, 56 N.W. 93 Street, has an unmarked pick-up truck since 1972. He is in favor of the proferred ordinance. Mr. Tom Benton, 230 N,E. 100 Street, has an unmarked van since 1977. He approves the proposed revision to the Ordinance. He does not sanction parking of commercial vehicles in Miami Shores Village. 2 May 27, 1982 Mr, Jack Deyoung, 39 N.W. 100 Terrace, has a 3/4 ton van which he uses as a recreational vehicle and a pick-up truck which he uses for business. He has the truck since 1979. He is most definitely in favor of revision to the Ordinance. Mr. James Russell, 1061 N.E. 91 Terrace, parks his trucks and vans in the County, not at his residence. He advised he agrees with Mr. Deyoung, and is in favor of the revision to Article IV of the Zoning. Ordinance, noting his approval is for unmarked trucks only. Mr. Nick J. Dallis, 186 N.W. 108th Street advised the Board that he is arranging to purchase a van. He is in favor of the revision to the Ordinance. Mrs. Rosa A. Graff, 1191 N.E. 103rd Street, a resident since 1950, is against the proposed revision to the Ordinance. She feels that passage of this amendment will destroy the aesthetics of Miami Shores, Presently, Mrs. Graff's next-door neighbor parks a van in their front yard and Mrs. Graff views this as distateful to the scene. Mrs. Richard E. Lasch, 345 N.E. 100th Street, has had a van since 1979. It is a commercial van which her son in privleged to use by his employer and park at his residence in the Shores. Both Mrs. Lasch and her son oppose the revision because they feel it will destroy the continuity of the Village. Mr. Nick Nordone, Jr., 373 N.E. 101 Street, purchased a new vehicle which does not fit in the garage, nor can it be parked behind the house. He has had a pick-up truck since 1974. He is in favor of revision to the Ordinance. Mrs. L. Och, 9317 N,E. 9th Avenue, is in favor of revision to the Ordinance, Mrs. Evelyn C. Shufelt, 150 N,E. 100th Street,.is opposed to the revision to the Ordinance in relation to location; she advised he would have no objection to back yard parking location only, as with regulations on boats. Mrs, Otto L..Ugguccioni, 171 N.E, 100th Street, is opposed to revision to the Ordinance as stated, noting she is of the same opinion as expressed by Mrs. Shufelt, Mr. Patrick L. Duffy, 359 Grand Concourse, is opposed to revision to the Ordinance, stating that his reason for opposition was the change would eventually cause unsightly vehicles, stacked with unkempt materials, to be parked in front of residences in the Shores. Mar. Brian Gardner, 25 N,E, 110th Street, is in favor of revision to the Ordinance, however, he stated that vans and trucks should not be separated from other vehicles when issuing citations. - 3 - May 27, 1982 Mrs. Yvonne T. Moyer, 10 N.E. 110 Street, noted that she wrote a letter to Mr. Palmer, which was introduced at the Planning & Zoning ]hoard Meeting of March 11, 1982, concerning a citation for her unmarked pick-up truck which was not used for commercial purposes. She stated she was sympathetic to the opinions of the residents with regard to unsightly vans and trucks, however, as the owner of a new 1/2 ton pick-up truck, she is in favor of the revision to the Ordinance. Mr. Gordon Moyer, 10 N.E. 110 Street, is in favor of the revision to the Ordinance, but also commented on unsightly loaded vehicles and lettered vehicles in the Shores. Mr. Robert F. Morin, 1119 N.E. 104th Street, is opposed to revision to the Ordinance. He feel it will ultimately hurt the appearance of the Village. Mr. Robert Ahrendt, 134 N.E. 100 Street, is opposed to revision to the Ordinance. He stated, after discussion with the Board, that he was opposed to parking vans and trucks in front, but was not in opposition to parking in the rear. Mr. Ray Rubin, 1249 N.E. 91 Terrace, a 30 year resident of Miami Shores, stated that he originally selected the Village as his home due to its strict Ordinances. He is opposed to revision to the Ordinance. Mr. John Ferree, 54 N.W. 94th Street, has a van since 1957. He is in favor of revision to the Ordinance. Mrs, Ferree, 54 N.W. 94th Street, also attended the Hearing and is in favor of revision to the Ordinance. She also discussed the possibility of an additional clause requiring coverage of unsightly vans. Following discussion by•the public, members of the Board, the Village Manager and the Code Enforcement Director voiced their observations and comments. Mr. Forney, in response to comments from the attending public and the Board, reviewed the citation situation, He stated we have ceased issuing violation notices against unmarked vans and pick-up trucks until the Village can reaffirm our policy. Commenting on the discussion of unmarked vehicles being used as commercial vehicles, Mr. Forney stated the Building and Zoning Inspector had no -way of knowing whether an unmarked van is used commercially, and recommended no subject criteria. Mr. Cutchens stated that he strongly believed we should preserve Miami Shores Village and not allow undesirable vehicles in the Village, Mrs. Johnson recommended not allowing unmarked vans and pick-up trucks in the village because you cannotascertain if they are used -commercially--turl-ess-e1arif icatiot—%s-made : She -els o re :mended that trucks and vens be parked in the rear only, 4 -,y 27, 1982 Mr. Palmer also addressed the question of unmarked vans and trucks which are used commercially. He -also stated that he did not want unsightly trucks parked in the Village of Miami Shores. Mr. O'Connor noted that many homes in the Shores have no alley, no garage, or garages large enough to hold only compact vehicles. He stated that logistically, parking should be in the rear, however, on an individual basis hardship variance can be requested in these instances. Mr. O'Connor also noted that he agreed with Mr. Palmer that unsightly vans and trucks should not be parked in front of residences in Miami Shores. Mr. O'Connor stated that in December, 1980, the Board directed him to look into the issue of parking trucks and vans in the Village. He advised he reviewed this situation at Coral Gables, Bal Harbour, North Miami and El Portal and reported his findings. A definitive determination has not been made. He also stated that this is an issue of pride and not economic or geographical. Mr. O'Connor recommended we should alter the definition of commercial vehicles, however, logistically speaking, we:should require vans and trucks to be parked in the rear. Mr. Stobs noted that there is sociological change in Miami Shores and new modes of transportation are used today. He stated that for legitimate cases of residences with no parking facilities for vans or trucks, application on individual basis for hardship variance, as in the tile roof ordinance, can be applicable. Mr. Cutchens stated that in his opinion the change recommended.is not specific enough and does not contain sufficient information to clarify what we are looking for and will jeopardize the Village. Mr. Cutchens moved that this Commercial Vehicle Amendment be denied, and recommended it should be redefined and resubmitted to the Board. The motion was seconded by Mrs. Johnson. The motion was called by the Chairman and carried unanimously. Following a discussion, Mr. O'Connor moved that we amend Section 1, the Schedule of Regulations, being a part of Article IV, Miami Shores Village Zoning Ordinance No. 270, and attach a sentence at the end of paragraph on location, to read as follows: However, unmarked commercial vehicles not to exceed 3/4 ton capacity may be parked in rear yard. The amended motion was seconded by Mr. Palmer, and passed unanimously. Mr. O'Connor introduced to the Board a letter he received from Mrs. Ethel H. Landis, 246 N.E. 100 Street, expressing opposition to re- vision of Ordinance No. 270. Mr, Forney advised the Board that due to the holidays, this report would go to the Village Council on June 15th, in order to allow sufficient time for the Village Attorney and Mr. Forney to give close observation to ail details involved. The meeting adjourned at 9:40. ,02/eot, ):72ezolleer Gloria Mato • - 5 - May 27, 1982 Approved :