07-08-1982 Regular MeetingMIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD MEETING
JULY 8, 1982
A regular meeting of the Miami Shores Planning and Zoning
Board was held at 7:30 P.M., July 8, 1982, at the Miami Shores
Village Hall, with the following members present:
Mr. J. Robert Stobs, Chairman
Mr. J.S. Palmer
Mr. Kevin O'Connor
Mr. Kenneth Cutchens
Mrs. Roberta Johnson
Also Present: Mr. Frank LuBien, Building Director
and Code Enforcement Officer
1) MINUTES: Minutes of the meeting of June 24, 1982 were approved
as written by motion made by Mr. Palmer, seconded by Mr. Cutchens and
carried.
2) Request for Approval of Plans for Addition
Arno W. Mueller, 1291 N.E. 96 Street
This case was before the Board at our last meeting and returned
to the Planning and Zoning Board due to less than necessary votes for
Council action.
Mr. LuBien advised that this is a non -conforming structure, built
in 1926, and the exterior existing wall is in the set -back.
Mrs. Arno Mueller appealed to the Board for approval of the
proposed addition explaining that there is an existing spa in this
area and no bathroom facilities at this end of the house.
Following discussion and examination of drawings submitted,
Mr. Cutchens made a motion to grant a variance to setback, under
Section 702(c), hardship variances, as the Board finds the variance
in such strict application that the applicant believes to be necessary
in order to enable him to make a reasonable use of the property. The
motion was seconded by Mr. O'Connor.
Further discussion followed and it was noted that the set -back
difference existing is 1'7" and not 1'9" as originally noted. Mr.
O'Connor requested an amendment to the motion on the floor and Mr.
Cutchens assented. Mr. O'Connor moved to amend Mr. Cutchens motion
to include 702(a) as the Board finds there are peculiar and unusual
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physical conditions affecting the property of Mrs. Mueller; in
this situation the building on the side of the proposed addition
is already into the setback. This amendment to the original motion
by Mr. Cutchens was seconded by Mrs. Johnson.
A vote was called and the amendment to include paragraph (a) of
Section 702 to the original motion was passed unanimously by the Board.
The original motion granting the variance based on paragraph
(c) of Section 702 was then passed unanimously, as a tended,
There followed discussion relative to the flat roof and the
Board concluded that the flat roof complies to all criteria, .regarding
square footage requirements. Motion was made by Mr. Palmer for Board
approval of the flat roof, seconded by Mr. Cutchens, and passed unan-
imously.
3) Request for Approval of Window Marquees
J.S.R. Restaurants of Florida, Inc.
Pizza King, 9099 Biscayne Boulevard
This case was tabled for this meeting in order to be heard by
a full Board.
Mr. LuBien reviewed the facts presented at the last meeting of
the Board. Mr. Karim requested a permit to place marquee type signs
in the window of the restaurant, and since there is no code for this
type of sign, it is before the Board for action.
Following examination of sketches submitted and discussion by
the Board, Mr. Stobs, under Section 504 (f) 1, requested a total
evaluation of all existing signs on the building - above and below
roof line, as well as parking lot signs.
Mr. Cutchens made a motion to postpone this case until the Code
Enforcement Director furnishes the Board with total footage of all
existing signs on the building and in the parking lot. Motion was
seconded by Mrs. Johnson and passed unanimously.
4) Request for Approval of Signs
Exxon Corporation, 9020 Biscayne Boulevard
Plot plan and sketch were submitted to the Board for approval
of sign to become part of existing free-standing sign. It was noted
by the Board that existing signs exceed the permitted limit, Section
504 (f) 1. and 2. relative to signs in B-2 districts were referenced,
and the Building Director was advised that the Board required the
allowable sign area before proceeding with action on this case.
Mr. Mizrahi of Exxon said deferral would present a hardship in
that the lack of signs signified high price in his business. Mr,
Mann of Begis Association, the sign installer, was also present on
behalf of Exxon.
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Motion was made by Mr. Cutchens to postpone action on this
case until Mr. LuBien supplies the Board with the square footage
of all signs existing on the property, seconded by Mr. Palmer,
and passed unanimously.
5) Ordinance Amending Section 501 (c)
The proposed amendment submitted for the consideration of the
Board was prepared at the request of Mr. Forney, Village Manager,
in order that it be specifically spelled -out what is the intent
of Section 501 (c).
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 the proper license fee is paid.
Mr. LuBien advised the Board that several establishments
in Miami Shores house computer video machines.
The Board proposed that a Public Hearing be published
and scheduled for July 29, 1982 at the Village Hall at 7:30
P.M.
The meeting adjourned at 9:00 P.M.