09-23-1982 Regular MeetingMIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD MEETING
SEPTEMBER 23, 1982
A regular meeting of the Miami Shores Planning and Zoning
Board was held at 7:30 P.M., September 23, 1982, at the Miami
Shores Village Hall, with the following members present:
J. Robert Stobs, Chairman
J.S. Palmer
Kevin O'Connor
Kenneth Cutchens
Absent: Roberta Johnson
Also Present: Frank LuBien, Building Director
and Code Enforcement Officer
1. MINUTES: Minutes of the meeting of August 26, 1982 as well
as minutes of the joint meeting of the Village Council & Planning
and Zoning Board, held September 9, 1982 at the Miami Shores Community
Center, were approved as written by motion made by Mr. Palmer, seconded
by Mr. Cutchens and carried unanimously,
2. REQUEST FOR PROCEDURAL :RECOMMENDATION
GEORGE P. HARTH, 150 N.E. 96 STREET
This case was before the Board for recommendations to the
intended purchaser of 150 N.E. 96th Street, said purchase being
subject to use by George Harth & Associates, Realtors and Bonded
Rental Agency, Inc.
Since there is no hardship plea it was established by the
Board that a -change of zoning would be required. Following discussion,.
Mr. Harth was advised that since he is not the present owner of 150
N.E. 96th Street he cannot apply for a zoning change, the owner of
the property has to request the change in zoning.
The Chairman advised Mr. Harth to return to the Building
and Zoning Department and obtain Mr. LuBien's assistance.
3. REQUEST FOR APPROVAL OF ROOF TOP A/C SYSTEM
FERNANDO RODRIGUEZ, 1021 N.E. 93 STREET
This is before the Board for approval of air conditioning
unit and ducts to be installed on a flat roof structure. Drawing
and sketch submitted to the Board by Mr. Arthur Garbarino, the
Contractor and next-door neighbor of Mr. Rodriguez, revealed the
- 2 - September 23, 1982
the duct work would be 12" off the roof and visible from the back
of the residence, and Mr. Garbarino's front yard. Mr. Garbarino
advised the Board that the air conditioner would be square and
painted the same color of the house for less visability.
Following discussion, Mr. Stobs stated that approval of
this roof top air conditioning system would take away from the
residential character of the Shores, one, because the unit is
to be exposed, two, because the duct work will be exposed as in
an industrial type development and the Board did not wish to set
a precedent in the.Village. Harmony with other structures in the
Shores was to be maintained.
There was a discussion by the Board members and Mr. Garbarino
pertaining to installation of the system inside the residence. It
was also determined that the lack of air conditioning did not deter
from reasonable use of the property.
Mr. O'Connor moved to deny this application for approval
of roof top air conditioning system. The motion was seconded by
Mr. Palmer and carried unanimously. Reference was made to Section
523 and Mr. Garbarino was advised to make some attempt to make
this addition harmonious in character and appearance with existing
buildings in the neighborhood.
4. REQUEST FOR APPROVAL OF PARKING SLAB
HERBERT SCHAUER, 10667 N.E. 11 CT.
Mr. LuBien advised that upon final inspection of this new
residence, he discovered a slab was poured that appears to be
within 2 feet of the property line instead of 10 feet awayfrom
plot line. This parking slab is located in the front yard; there
is no alley access.
The Board made.a study of the site plan and concurred that
this slab was a violation of the side -set -back (Schedule of Regulations)
and a variance could not be granted.
Mr. O'Connor moved that the application for approval of the
parking slab be denied, seconded by Mr. Cutchens and carried unanimously.
Mr. Schauer was advised by the: -Board ofalternatives available
for conformance and was advised to seek guidance from the Building
Director.
5. REQUEST FOR APPROVAL OF OCCUPATIONAL LICENSE
OLIVER DARMANIN, 960111,E, 2ND AVENUE
Mr. Darmanin requests an Occupational License in the name
of Auto Movers, Inc, of Santa Fe Springs, California to Utilize' Space
•
3
September 23, 1982
at the Chevron Service Station, 9601 N.E. 2nd Avenue, Miami Shores
toserve as a storage and delivery facility for automobiles for
shipment to other areas. Mr. Darmanin, of 761 Grand Concourse,
was before the Board as no specific use of this type of function
is defined in our Zoning Ordinance.
Mr. Darmamin advised that he is paying the service station
$50.00 per month for use of the space, handling 6 to 7 cars per month,
delivered by trailer;._,,. oved..mi.thin a day or two, on a continuing basis.
Discussion was directed to the Schedule of Regulations and
the specific uses in a B-1 District. Mr. LuBien noted that his concern
was Mr. Darmanin was. not the prime owner and would operate a secondary
business in an area not zoned for this type of function.
Mr. Stobs attested that the service station in a B-1 zone could
have goods delivered and returned, however, this specific request is
not being made by the owner for an incidental use of the service
station.
Following discussion, Mr. O'Connor stated_the Board could not
approve:this use. Motion was then made by Mr. O'Connor that the
request for Occupational License to Mr. Oliver Darmanin be denied.
Motion was seconded by Mr. Cutchens, and carried unanimously.
6. REVIEW - SECTION 225, APPENDIX A -
ZONING PREPARATION OF AMENDMENT PER
SUGGESTIONS MADE AT JOINT MEETING 9/9/82
Copies of Appendix A -Zoning, Section 225 were supplied by
the Building. Director to the Board, with changes annotated as
recommended at the joint meeting of the Village Council and the
Planning and Zoning Board. The Board will review this item
further in the future.
7. 'REQUEST FOR VARIANCE FOR TEMPORARY FRONT YARD CARPORT
DORIS STAFFORD, 299 N.E. 99 STREET
Mr. Cutchens visited with Mrs. Stafford and she -.advised she
will drop request for variance, and as an alternative, a platform
will be devised to facilitate ingress and egress to van for her
handicapped husband. She noted that if this alternative is not
feasible, request for variance will be resubmitted to the Board.
The meeting adjourned at 8:40 P.M.
Secretary