06-24-1982 Regular Meeting•
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MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD MEETING
JUNE 24, 1982
A regular meeting of the Miami Shores Planning and Zoning
Board was held at 7:30 P.M., June 24, 1982, at the Miami Shores
Village Hall, with the following members present:
Mr. J.S. Palmer
Mr. Kevin O'Connor
Mr. Kenneth Cutchens
Absent: Mr. J. Robert Stobs, Chairman
Mrs. Roberta Johnson
Also present: Mr. Frank LuBien, Building Director
and Code Enforcement Officer
In the absence of Mr. Stobs, Mr. Kevin O'Connor was asked to
take the Chair.
MINUTES: Minutes of the meeting of June 10, 1982 were approved
as written by motion made by Mr. Cutchens, seconded by Mr. Palmer
and carried.
(1) Request for Approval of Plans for Addition
Arno W. Mueller, 1291 N.E. 96th Street
Mr. LuBien advised that this is a non -conforming structure
built in 1926 and the position of the proposed addition was questionable.
The Code Enforcement Director noted that in order to attain at least
a 10 foot set -back and still build the addition with egress to the outside,
a wood frame, stucco exterior wall is requested, as shown on the plans
presented to the Board. Our Ordinance calls for CBS.
Mr. Clay Kenmore, on behalf of the applicant, advised that
Mrs, Mueller would like to have acceptance of the plan submitted or
approval of the Board to allow them to line up the addition with the
existing set -back, which is 8' 3". This would enable Mrs. Mueller to
proceed with CBS wall. Mr. Kenmore informed the Board that there were
no bathroom, facilities in this area of the house where a hot -tub is
located, and in view of this, they do not have reasonable use of the
property.
Following. discussion by the Board and determination that
l'9" set -back and CBS wall was required, Mr. Cutchens made a motion,
under Section 702, to grant a variance to set back due to hardship of
necessity and unusual existing construction, seconded by Mr. Palmer.
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Discussion was called and Mr. O'Connor noted that necessity
was not a factor taken under consideration among the enumerated reasons
for granting of variances. Mr. O'Connor stated that he agreed that the
variance should be granted, following the same course as in the past,
i.e. peculiar and unusual conditions because of non -conforming structure
that exists and the fact that it would be unreasonable to strictly enforce
this Ordinance under the circumstances as alleged.
Following discussion, Mr..O'Connor passed the gavel to Mr.
Palmer and then moved to amend the motion made by Mr. Cutchens to add
additional facts; that the Board finds from evidence presented there
are unusual conditions in this particular case, i.e., the present
exterior wall as it exists and the rest of the house ia 1'9" into the
setback and in addition, the Board finds, to strictly apply provisions
of the setback Ordinance would be unreasonable and would impose an
unreasonable burden on the applicant. The amendment to original
motion. died from lack of second. The motion then passed 2/1 with
Mr. O'Connor dissenting, based upon the basis for which the variance
was granted.
(2) Request for. Approval of Window Mar uees
J.S. K. Restaurants of Florida, Inc.
Pizza King, 9099 Biscayne Boulevard
Mr. LuBien advised the Board that Mr. Karim, proprietor
of Pizza King, requested a permit to place a marquee type sign in
the window of the restaurant. Since there is no code for this type
of sign, it is before the Board for approval or disapproval.
Following discussion with Mr. Karim and the Board, Mr.
O'Connor recommended that this case be heard before a full Board
and all members present unanimously agreed. A motion was made by
Mr. Cutchens, seconded by Mr. Palmer, that this case be tabled
until our next regular Planning & Zoning Board meeting, and passed
unanimously.
(3)
Ordinance Amending Section 501 (c)
Mr. LuBien advised the Board that video machines are now
in Miami Shores Village. The Building Director presented proposed
amendment for the Board's consideration. Ordinance A stipulates
game rooms shall not be allowed; Ordinance B provides that up to
two machines may be installed as an incidental operation to primary
commercial enterprise providing they pay the proper license fee.
Following discussion, Mr. O'Connor recommended that a
Public Hearing be scheduled at our next meeting to address sociological
change and the opinion of Miami Shores residents. Mr. Cutchens requested
that Mr. Fann, Village Attorney, give an interpretation and legal opinion
on this amendment. No further action was taken.
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(4) Request for Approval of Sign
Biscayne Exxon, 9020 Biscayne Boulevard
Mr. LuBien advised that an unauthorized detached sign
was displayed at the edge of the street. A Notice of Violation
was issued. Mr. Sam Mizrahi advised that his business suffered
set back when he removed these signs.
Mr. Cutchens made a motion that we hold this case
and present it at our next meeting as it is not on our regularly
scheduled agenda. The motion was seconded by Mr. Palmer, and
passed 2/1, with Mr. O'Connor dissenting.
The meeting adjourned at 8:30 P.M.
.1Z6ofe,k7/12Gt&
Secretary