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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 - 2 - July 8, 1982 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. - 3 - July 8, 1982 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.