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12-16-1982 Regular Meeting• MIAMI SHORES' VILLAGE PLANNING AND ZONING BOARD MEETING DECEMBER 16, 1982 A regular meeting of the Miami Shores Planning and Zoning Board was held at 7:30 P.M., December 16, 1982, at the Miami Shores Village Hall, with the following members present: J. Robert Stobs, Chairman Kevin P. O'Connor Roberta Johnson Robert J. Rossi Absent: J.S. Palmer Also Present: Frank LuBien, Building Director 1. MINUTES: Minutes of the meeting of November 11, 1982 were approved as.written by motion made by Mrs. Roberta Johnson, seconded by Mr. Kevin O'Connor and carried. 2. PUBLIC HEARING -- CHANGE OF ZONING FROM X TO 0 J.M. MUNCIE, 150 N.E. 96STREET Jo Ann M. Muncie, owner of property at 150 N.E. 96th Street filed petition requesting change of zoning. Property now in the X or Parking Zone. Mrs. Muncie requests zoning change to 0, Professional Office Use. Mr. Stobs read a brief history with reference to the property and also placed on record letters from Mrs. Clover B. Apelian, Mr, & Mrs. William Johnson and Mrs. Mary Newman, all opposed to rezoning this residence. They all .expressed concern with reference to parking congestion and the belief that the value of their homes is based on single family residences and this rezoning will encroach on the single family concept. For clarification, the Chairman read the definition of an 0 Zone. Mr. John Gerken, attorney.for Mrs. Muncie, addressed the Board. He noted this property was at one time a four unit apartment residence. He felt it should either revert to a four mit apartment building; or to a professional office building; or that the City should purchase same and tear it down and convert the property to a parking area. Mr. Gerken advised it was virtually impossible and the cost prohibitive to convert the building to a single family residence. • • - 2 - December 16, 1982 Mr. Stobs and Mr. LuBien visited the property (11/16) and noted there are two baths and two separate apartments on the second level and a professional office on the main level. Following discussion by the Board the floor was opened for public comments. Approximately forty residents attended the Hearing and statements were given by the following: Mr. & Mrs. George Apelian, 124 N.E. 96 Street - Opposed - .citing further congestion re parking and the effect on a strong residential area. Mr. Paul Youngren, 100 N.E. 96th Street - Opposed - He stated it would change the character of the residential area and cause parking congestion. Mr. Robert S. Mortonson, 40 N.E. 95th Street - Opposed - He also was concerned about parking congestion and the effects on the integrity of the residential area. Mrs. Dorothy Schneider, 145 N,E. 95th Street - Opposed - She stated a zoning change would cause further parking problems in the residential area. Mrs. Helen C. Shutterly, 139 N.E. 96th Street — Opposed - A zoning change would result in further parking problems and constant traffic in a strict residential area. Mr, Louis B. Riney, Jr., 150 N.E. 95th Street - Opposed - Wishes to maintain residential integrity of the district. Mr. John Romanik, 95 N.E. 95th Street - Opposed - Change of zoning will create additional parking problems. Mrs. Alfred Caballero, 160 N.E. 95th Street - Opposed - Parking congestion in area already. suffering parking. difficulties. Mr. Carl L. Boyson, 117 N.E. 95th Street - Opposed - He believes the value of his property will go down due to parking congestion and change of the residential quality of the area. Mrs. Carolyn P. Santos,. 136 N.E. 96th Street - Opposed - Cites parking difficulties. Mrs. Mary T. Newman, 140 N.E. 95th Street - Opposed - Also concerned about parking congestion. • - 3 - December 16, 1982 Following comments from Village residents, the Board briefly expressed their views. Mr. Robert J. Rossi - The impact would be great on the residential ares specifically traffic -wise and a nuisance to the existing Village residents. Mr. Kevin P. O'Connor - We should maintain the residential nature of this areaand confine retail functions. to N.E. 2nd Avenue's business district. Mrs. Roberta Johnson - Mrs. Johnson stated she noted the feelings of the residents and they were very persuasive. Mr. J. Robert Stobs, Chairman - Mr. Stobs noted that in reviewing the documents presented to the Board, there is no hardship evident on the present owner by its present zoning. He feels that the property is open to use and the Board has no wish to set a precedent. Motion was made by Mr. Rossi to deny the change of Zoning from X to 0 of 150 N.E. 96.Street. Motion was seconded by Mrs. Johnson. Mr. O'Connor made note that we are not allowed to consider the property purchaser in arriving at a decision. What we are deciding is whether or not to allow a residential area to become professional. The question was then called and the motion to deny zoning change was passed with a unanimous vote. A recess was called at 8:30 p.m. The meeting reconvened at 8:40. The Board advised the attending residents that the zoning change request will go to Council next Tuesday (12/21/82). 3. REVIEW OF SITE PLAN BARRY UNIVERSITY, N.W. 111th Street & N,W, 2nd Avenue This was before .the Board for approval of fence size, location, restroom facilities and parking plans. Mr. Jackson M. Ahlstedt, Howard Needles Tammen & Bergendoff, Architect and Engineer for Barry University presented three exhibits to the Board. The proposed facility will consist of two regulation softball fields, a soccer field, a 400 meter running track with bleachers and a structure containing rest rooms and storage area. He advised that parking will be in the main paved areas of the University, Considerable--landscaping-is:planned and an 81. chain link fence will enclose the facilities. Due to the residential area adjacent to the University the Board 7' 4 Peeep}ber 16? 1982 requested the 8chain link fence be buffered by landscaping. Mr. Ahlstedt stated this would be no problem to Barry. He advised the restrooms would be of concrete block and stucco with a tile roof. Discussion was held relative to platting. Mr. John Eagan, of Howard Needles Yemen & Bergendoff, advised that .the platting issue is not pertinent as,it is not in the interest of the University to subdivide this piece of property and limit its potential fiexability in the future, Following further discussion by the Board, Mr. O'Connor moved that we grant a variance to erect an 8' chain link fence, a minimum of 5' from the property line on the South and West side. Motion was made on the basis that the facilities constitute an attractive nuisance, necessitating a fence, and that the fence permits a reasonable use of the property. The motion was seconded by Mr. Rossi. Mrs. Johnson offered an amendment to the motion that the 5' contain an appropriate hedge to screen the fence. The amendment was accepted by Mr. O'Connor, seconded by Mr. Rossi and carried unanimously. The original motion as amended was then carried unanimously. 4. REVIEW OF SIGN PLAN MIAMI SHORES VILLAGE, BIS.CAYNEBLVD. & N.E. 6 AVENUE Mr. Rossi excused himself from action on this item. Plans were presented to the Board for a new Village entrance sign and input was.requested from the Planning &Zoning Board as to location of the sign which is considered "public improvement", Following examination of the plans, Mrs. Johnson moved for approval of location of the "public improvement" per plans submitted, seconded'byMr. O'Connor, and carried 3/1, with Mr. Rossi abstaining. 5. REQUEST FOR APPROVAL OF FABRIC COVERED CARPORT TOM KOKENGE, 138 N.E. 92 STREET This application is for a fabric covered carport, in the rear of the house. Mr. LuBien notes there is no problem as far as setback is concerned; it will be 5' from the rear property line, and unit appears to comply with section 225 (c). Mr. Tom Kokenge.submitted sealed plan which states the structure will withstand 120 m.p.h. winds. There was adiscussion on the anchoring details and the color of the fabric for harmony purposes. After further discussion of the structure, Mr. O'Connor moved that we approve the request for erection of the fabric coveree carport based upon the submission to the Building & Zoning Department, within ten (10) days,sealed drawings showing concrete footings, Motion was seconded • • December 16, 1982 by Mr. Rossi and carried 3/1, with Mrs, Johnson opposed. 6. REQUEST FOR APPROVAL OF PLANS TO ENCLOSE GARAGE MARY LICAUSI, 10317 NORTH NIAMI AVENUE Garage enclosures must be approved by the Planning & Zoning Board. Plan was submitted for enclosed garage and alternate offstreet parking facilities which will be.provided. There is no problem with the plan as submitted and no intent to use as rental. Mr. O'Connor moved for approval of enclosed garage per plans provided to Board, seconded by Mrs. Johnson and carried unanimously, 7. REQUEST FOR APPROVAL OF PLANS FOR DETACHED SIGNS BORIS MOROZ,'9301 N.E. 6 AVENUE Site plan was submitted indicating location of the proposed free-standing signs-. At present no signs exist at this location. It was determined the signs would be harmonious with the existing structure. Mr.. Rossi noted that this property has been improved by Mr..Moroz and is now an asset to the area. Mr. Rossi moved.that we approve plans for the signs as submitted, seconded by Mr. O'Connor, and carried unanimously, 8. REQUEST FOR APPROVAL OF PLANS FOR ALTERATION AMERIFIRST FEDERAL, 9640 N.E. 2ND AVENUE Mr. LuBien advised that the front elevation will be altered for installation of equipment which will be utilized by the public from the Village sidewalk. The Board determined this hadno impact on the public. Mr..Stobs referred the Board to the Council meeting of December 7, 1982, page 3, paragraph (b) under Ordinances. Mr.. Jack Wilkens, in charge of design construction for Amerifirst Federal discussed Amerifirst'swish to complete plans for alteration for automatic teller before final Ordinance is passed relative to operating hours. The, purpose of this request is for approval of the alteration as presented. Mr. Rossi moved for approval of alteration as per plans submitted, seconded by Mr. O'Connor and carried 3/1, with Mrs. Johnson opposed. This requires action by Council. • • - 6'- December 16, 1982 9. REQUEST FOR APPROVAL OF PLANS FOR ADDITION JAMES A LAUB, 10200 NORTH MIAMI AVENUE Mr. LuBien advised that the existing building is non- conforming in that it is wood structure built in 1930. Mr. Randy Shropshire, contractor, explained that the addition is an open porch; the roof is presently asphalt shingle and the roof area is approximately 300 sq. ft. Owner agreed to use masonry in lower section of the porch instead of wood frame. Mr, 0/Connor moved that we grant.variance (under section 225).. with respect to the material for the roof, and we approve application for asphalt tile on the basis of harmony. Motion was seconded by Mrs. Johnson, and carried unanimously. This item goes to Council. 10. REQUEST FOR APPROVAL OF PLANS, TO ENCLOSE GARAGE JOHN BRADY, JR. 1297 N.E. 100 STREET Planning Board approval is required for garage enclosure. Mr. Brady proposed to enclose garage for use as bedroom for one of his daughters, and not for rental purposes. Following examination of plans and discussion, Mr. O'Connor moved for approval of garage enclosure, seconded by Mr. Rossi,. and carried unanimously. . 11. REQUEST FOR APPROVAL OF PLANS FOR FLAT ROOF ADDITION BARBARA JOZYA, 166 N.W. 93 STREET Plans were submitted for flat roof addition which is visible from the street. In all other respects it complies for a flat roof addition to a pitched roof structure. Mr. Victor Bezdek, 56 N.W. .93 Street represented Mrs. Jozya. He advised that the roof could not be tile due to financial hardship. The Board advised that the roof can be done in tile and it is visible from the street and financial difficulty is no grounds for hardship for a variance. (section 225 (3)). Mr. O'Connor moved that we deny application for a variance for this fiat roof addition, seconded by Mrs. Johnson, and carried unanimously. Al - - - -- - Mr. Bezdek wishes to appeal decision of Planning Board to Council. • - 7 - December 16, 1982 12. REQUEST FOR VARIANCE TO STORE OVERSIZE BOAT H.C. ALLEN, 1365 N.E. 105 STREET Mh. Allen states he wishesto store for approximately 3 or 4 months, during the winter, a 24' boat. The maximum length allowed by the Village is 20'. Variance to section 501 is required. After discussion, Mrs. Johnson moved that the request for variance to store the oversized boat be denied, under Ordinance 312 (r) (1), seconded by Mr. Rossi, and carried. unanimously, Mr. Allen was advised he could appeal the decision of the Planning Board with Council. Mr. LuBien advised Mr. Allen to call him early the day following our meeting. Mr. O'Connor wished it to be recorded that he thinks our Code is archaic and unnecessarily restrictive in this respect. The meeting adjourned at 10:35 p.m. • Secretary 16MAL 11 Approved ., IRMAN