06-10-1982 Regular MeetingMIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD MEETING
JUNE 10, 1982
A regular meeting of the Miami Shores Planning and Zoning Board
was held at 7:30 P.M., June 10, 1982, at the Miami Shores Village Hall,
with the following members present:
J. Robert Stobs, Chairman
Mrs. Roberta Johnson
Kevin P. O'Connor
Kenneth Cutchens
Absent: J.S. Palmer
Also Present: Mr. Frank LuBien, Building Director
1) MINUTES:
The minutes of the meeting of May 27, 1982 were approved
as written by a motion made by Mrs. Johnson, seconded by Mr. O'Connor,
and carried unanimously.
2) REQUEST FOR VARIANCE (FIBERGLASS SHINGLE ROOF)
ATTILA BESE, 440 N,E. 91 STREET
Mr. LuBien reviewed the facts of this case and noted
that variance was denied, to the former owner of this property,
Mr. Robert Iozia, by the Planning and Zoning Board on April 22, 1981,
based on Ordinance No. 403-79.
Following discussion with Mr. Bese the decision of the Board
was there were no grounds for a variance.
Mr. O'Connor made a motion that the application for variance
be denied, seconded by Mrs. Johnson, and carried unanimously,
3) REQUEST FOR VARIANCE (ALUMINUM PORCH ROOF)
ELINOR KEMMERER, 89 N.E. 105 STREET
This is a request for approval of plans for an aluminum
porch roof on existing open porch in back of house, on existing concrete
patio. This is a request for variance to Ordinance No. 433-81.
Mrs. Elinor Kemmerer and her daughter, Mrs. Joyce Daly appealed
for approval on the grounds the roof was required to shield them from the
_ lements .
Following discussion, determination of the Board was no hardship
existed, and alternative means were available. Mrs. Johnson moved for denial
of request for variance, seconded by Mr. O'Connor, and carried unanimously.
2 - June 10, 1982
4) REQUEST FOR VARIANCE (6' FENCE & UTILITY BLDG.)
AUDLEY CLARKSON, 9438 N.W. 2ND'COURT
Mr. LuBien advised the Board that a 6' fence and CBS
accessory building in the side yard were constructed without the
required permits. The 6' stockade fence on N.W. 95th Street is
one footabove height restrictions and the section that goes
from the 25' setback out to the masonry gateway is in violation.
The Building Director advised that there is an existing
non -conforming metal utility shed that we can do nothing about.
Following discussion, Mr. O'Connor made a --motion that
this request be denied, seconded by Mr. Cutchens, and passed
unanimously.
5) REQUEST FOR APPROVAL OF FENCE LOCATION
MARGHERITA BRANCIFORTE, 9820 BISCAYNE'BLVD.
Plans submitted showed the proposed 5' fence area would
remove one parking space. There are now 12 parking spaces and
requirement calls for 13.5 parking spaces.
This request was submitted by Mrs. Branciforte, who
resides in Unit I, in conjunction with Mrs. Christine Troples,
Unit H. Neither petitioner was present at the meeting.
Following discussion by the Board, Mrs. Johnson made
a motion that this request be denied, seconded by Mr. O'Connor
and passed unanimously.
6) DISCUSSION OF ARTICLE 5, SECTION 501C
LAWRANCE H. SCHWARTZ
Mr. Lawrance H. Schwartz, Attorney, 2450 Hollywood Blvd.,
Hollywood addressed the Board, representing Mr. Sikandar Karim, Pizza
King, 9099 Biscayne Boulevard and Mr. Robert. Schwartz of Ace Vending
Co. 1855 N.E. 193rd Street, North Miami Beach, FL. Mr. Schwartz hoped
to discuss Article 5, Section 501C which governs the installation of
video games in various establishments. However, it was the opinion
of the Board that this was inappropriately tabled before the Planning
and Zoning Board. No action was required.
7) REQUEST FOR APPROVAL OF PLANS FOR GARAGE ALTERATIONS
BILL'GREENWELL, 1006 N.E. 97 STREET
Floor and site plans were submitted to the Board for
approval of garage alteration comprising 1/2 for storage area and den,
and -1/2f -or- hicle_ Thi --alteration xequi�res_appr vat by :hell arming
& Zoning Board.
- 3 - June 10, 1982
Mr. Cutchens moved for approval of request for
garage alterations as submitted, seconded by Mr. O'Connor
and passed unanimously.
• 8) REQUEST FOR APPROVAL OF PLANS FOR FLAT ROOF ADDN.
FRANK RUBIO, 1107 N.E. 104 STREET
Mr. Rubio requests approval of plans submitted for
a flat roof addition to open porch.
•
Following determination that the area -for the proposed
addition was 324 sq.ft. and all three provisions of Sec. 225 were
met, Mr. O'Connor moved for approval of the flat roof addition as
submitted, seconded by Mrs. Johnson and passed unanimously.
9) REQUEST FOR VARIANCE TO PERMIT CHICKEE HUT IN ACCESSORY BLDG.
& VARIANCE TO PERMIT CHICKEE HUT IN REAR SETBACK
FRANK RUBIO, 1107 N.E. 104 STREET
Mr. LuBien made reference to the survey submitted and
noted that the posts inside the rear property line do encroach
on rear setback area.
Mr. Rodney W.Bryson, attorney, addressed the Board, noting
that the property boarders the canal and many of these canal properties
bear docks, boat houses and various concrete structures. He advised the
Board that the adjacent neighbors and neighbors across the canal have
no Objection to the chickee hut.
Following discussion by the Board, Mr. Cutchens classified
this chickee hut as an accessory building, which under Sec. 225 -
Masonry Construction - lists exceptions, and this chickee hut does not
apply. Mr. Cutchens then made a motion that this request for variance
be denied, seconded by Mrs. Johnson, and passed unanimously.
10) REQUEST FOR VARIANCE (POOL, DECK AND ENCLOSURE SETBACK)
BARRY K. ASMUS, 515 N.E. 101 STREET
Mr. LuBien advised the Board he turned down application for
permit because the face of pool is not 1211 feet from side property line
and pool deck is not 10' from side property line. In all other respects,
the application for permit complies.
Mr. Barry. K. Asmus summarized a petition for hardship variance
he submitted to the Board. Also presented to the Board was a detailed
layout of lot and existing house; survey of property taken in 1971;
pool plan, and a letter from neighbors, Mr, & Mrs. Harley G. Collins,
525-N.E-.--101 Strew.
4 June 10, 1982
Mr. Asmus reported the following:
The pool waterline side setback is 11' from east property line
instead of 1216" as provided in Ord. 399-77.
The pool deck and screen enclosure side setback of 7' instead of
10' setback.
Mr. Asmus requests variance because the lot is only 50'
wide, has an east side -setback of 71 and a west side -setback of 2'6",
and is non -conforming in width of currently accepted plot size of 75'.
He advised that the variance would be in harmony and
would not be detrimental to existing use of other property in the
area and approval would enhance the property value.
The Board expressed no objection to the variance. Mr.
O'Connor made a motion for approval of application for variance to
side set back on the basis that hardship has been demonstrated as
to peculiar and unusual physical condition of the property, based
on 702A, B & D. The motion was seconded by Nrs.Johnson, and passed
unanimously.
11) REQUEST FOR APPROVAL OF POOL AND PATIO PLANS
PHILLIP SPENCER, 381 N.E. 98 STREET
Site plan was presented for pool and deck to be located
in the front yard.
After discussion and examination of the plan, the Board
advised the Spencers, there was no objection to the location of the
pool. Nr, and Mrs. Spencer were requested to submit to the Building
and Zoning Department architectural sealed plans for the pool and
patio.
12) ZONING ORDINANCE - AMENDMENT
Mr. LUBien read modifications to parking regulations for
single family zone which had been amended and approved by the Board at
the last meeting, to wit:
"except that an unmarked pick-up truck, van or similar
vehicle of 3/4 ton capacity or less, as rated by the
manufacturer, may be parked in the rear yard a minimum
of ten feet from side property line."
Board.
The modifications were approved by the Planning & Zoning
•
•
The meeting adjourned at 9:45 P.M.
Secretary
6
Approved:
June 10, 1982