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07-14-1983 Regular MeetingKANT SHORES PILLAGE PLANNING AND ZONING BOARD MEETING JULY 14, 1983 A regular meeting of the Miami, Shores Planning and Zoning Board was held on July 14, 1983, 7:30 p.m. at the Miami Shores Village Hall, with the following members present Robert J. Rossi - Vice Chairman J.S. Palmer Roberta Johnson Thomas J. Laubenthal Absent: J. Robert Stobs Also Present: Frank LuBien, Building Director 1. MINUTES: Minutes of the meeting of June 23, 1983 were approved as written by motion made by Mr. Palmer, seconded by Mrs. Johnson, and carried unanimously. 2. REQUEST FOR APPROVAL OF 6 FOOT WOOD STOCKADE FENCE THOMAS PORTER, 186 NE. 106 STREET Mr. Thomas Porter requests 6' fence in the rear yard to contain his large Dalmatian in the yard. The Dalmatian jumps a 511 foot fence according to Mr. Porter. This request would require a 1' variance. Following discussion, Mr. Laubenthal moved for denial of this request, under Sec. 518(a), 5' height limitation. The motion was seconded by Mrs. Johnson, and carried unanimously. Mr. Porter was advised he could appeal the Planning Board's decision to Council. 3. REQUEST FOR APPROVAL OF CHANGE OF USE PROVINCIAL REALTY, 9900 N.E. 2ND AVENUE This request is for change of use as Community Services Senior Center, to provide persons 60 years of age and older an opportunity to come together socially to participate in recreational activities, educational classes and a nutritious meal. Representing the Catholic Community Services was Mr. Ray McGraw, 16242 SW 10th Court, and Mr. Pete O'Connor, 11450 Biscayne Boulevard. 2 July 14, 1983 Carmen Portela, 1248 Venetia Avenue, Coral Gables, associated with Provincial Realty, the owner of record, was the spokesperson for the group of people who attended the meeting. She presented to the Board a signed petition,by interested parties, for approval of this request, as well as a letter from a Shores resident expressing approval; also for the record, letter dated July 12,1983, from Mrs. Frank A. Shuflin, who is in favor of the senior center. Mr. LuBien noted the previous use for this particular structure was for a dance studio and prior to that it was a cafeteria. The Building Director stated we have no section in our Schedule of Regulations or anywhere else in our Code that describes the specific use for which this is intended, which is a community service center. From the standpoint of classification as an auditorium and offices, Mr. LuBien arrived at the required number of parking spaces, i.e. 40 spaces. For classification as offices and restaurant, the required number of parking spaces is 59. The Archdiocese is having a detailed study done to arrange the parking spaces in a more equitable manner. Mr. LuBien sees no problem with the parking situation, just the use intended for the property. Mrs. Portela advised there will be no structural changes to the building. With regard to traffic and parking, senior citizens will be bussed to the center. She advised there are approximately 100 citizens presently involved, 10% of which are Shores residents. She also advised the center would be closed by 5:00 p.m. and if a later hour is required, appropriate request would be made to the Miami Shores Building & Zoning Depart- ment.for consideration. The following citizens attended the Board meeting: Mr. & Mrs. G. Romeo, 186 N.E. 108 Street, Miami Shores Mr. Tom Beck, 357 N.E. 92nd Street Mr. & Mrs. Gus Juhlin, 33 N.W. 93 Street, Miami Shores Mr. John N. Moore, 357 N.E. 92nd Street, Miami Shores Viola Riesen, 1312 N.E. 116th Street Olis Kite, 1228 N.E. 109th Street Maria Mazanek, 1550 N.E. 118 Terrace Cathy Bell, 1020 N.E. 104th Street, Miami Shores Ida Hruby, 1020 N.E. 104th Street, Miami Shores John D. Ancona, 511 N.E. 68 Street Catherine D. Ancona, 511 N.E. 68th Street D. Bezdek, 56 N.W. 93rd Street, Miami Shores - 3 - July 14, 1983 Mr. Walter Simon, Chairman of the Task Force for the Chamber of Commerce for the revitalization of Second Avenue was not in favor of this change of use requested. He stated that Miami Shores is a bedroom community - and efforts are being made to revitalize N.E. Second Avenue for the benefit of the merchants and the property owners here. He stated creation of this facility would negate completely the project that the Chamber, the property owners and the merchants are engaged in; i.e. revitalization of Second Avenue. An Urban Development firm has been engaged to assist in this effort. He did not wish outsiders brought into the area who are "indigent" and would not shop in the area or benefit it in any way. Mr. Kenneth Cutchens, President of the Property Owners Association., informed the Board that the Property Owners Association disagrees with any change in Zoning or use without a referendum and this information will be transmitted to the Miami Shores Village Council, and if a charter change is necessary, the Property Owners are ready to obtain signatures as required. He suggested that the Board reject this request. Mr. Ray McGraw objected to the use of the term "indigent" - he felt it was an inappropriate term. This service is sponsored by the Archdiocese; there is no fee or charge to the senior citizens; donations support the program. Mr. Peter O'Connor, the Program Director, answered questions from the Board relative to the door-to-door transportation and the operation of the center. Mrs,Jean Cuson noted that information acquired at the budget meeting,quoted statistics revealed 46 as the average age of seniors in the Village community. Mr. Cutchens advised the Village has the Community Center for all citizens; also for those who could afford it, the Country Club, which has the finest facilities for all ages. The Board expressed their opinions. Mr. Laubenthal felt N.E. Miami and, El Portal, Biscayne Park and North Miami relate to Miami Shores in a social and commercial sense. He noted we commercially relate to our neighbors and he did not think we should socially exclude them. He further stated, bussing is not a social stigma, it is transportation. He does not feel . this request is a change in land use and business use. Mr. Palmer felt the Archdiocese was not asking for anything special. It was used as a restaurant for many years and then as a dance studio. He advised he is in favor of the request for new use as a Community Services Senior Center. - 4 - July 14, 1983 Mr. Rossi agreed with Mr. Palmer. He feel it is a borderline change of use as it had been used as a restaurant and dance school... He feels there is room for everyone in this community and this Center is not costing the Village anything and the impact will not be negative. He noted the citizens attending the meeting were representative of the type of people we have in the Shores. Following further discussion, Mrs. Johnson moved for approval for change of use, seconded by Mr. Palmer, and carried unanimously. This requires action by Council. 4. REQUEST FOR PARKING SPACE VARIANCE R. TERRY CUSON, 1183 N.E. 91 TERRACE This request is for variance to permit off-street parking in required front yard. The Owner desires to enclose carport and the only access to rear yard would be through required side yard. Enclosing this carport eliminates the required off-street parking in accordance with the Schedule of Regulations. In this case. there is no accesss to the rear yard except by drive- way through the side yard. Mrs. Cuson advised the reason for this request was to make the carport into a family area and she also needs a larger bedroom. The existing carport is 8' in the setback rather than 10'. Following review of the plot plan and discussion concerning regulations it was agreed the Board was not allowed to change rules on non -conforming structure to allow any further additions. Mr. Laubenthal moved for denial of this request for variance per our Schedule of Regulations, seconded by Mrs. Johnson, and carried unan- imously. Mrs.Cuson was advised she could appeal decision of Board to Council. Mr. Rossi wished to go on record that he has a problem with the fact that people cannot close -in carports. However, Mrs. Cuson has no alternate off-street parking space. The Co -Chairman, Mr. Rossi feels there is a need to set up a Public Hearing to review offstreet parking. He will address this at our next meeting when a full Board is in attendance. - 5 - July 14, 1983 5. REQUEST FOR APPROVAL OF TRELLIS G. SAMININOS, 1214 N.E. 92 STREET This is for request to maintain existing front trellis. Mr. LuBien noted that the owner was unaware of code requirements for trellises and construction was completed without plans or permits, however, construction does comply with required specifications, Sec. 225 (g). Mr. Gene Spear appeared on behalf of G. Samininos, who was also present. Mr. Spear advised that two architects were contacted and both requested $750.00 for cost of seal. Photographs of the structure were examined by the Board. Following discussion, Mr. Rossi recommended Mr. Spear, and G. Samininos, solicit other registered architects. In all respects Samininos complies with the exception that the plans were not prepared by a registered architect, and that is why this is before the Board. Following further discussion, Mr. Laubenthal moved that we table action on this request until our next meeting, seconded by Mr. Palmer, and carried unanimously. 6. REVISION OF COMPREHENSIVE LAND USE PLAN & MAP Memorandum from the Village Manager relative to 5.42 acres north of the Country Club was reviewed by the Board. In order to handle the piece of property more conveniently, any changes to the Comprehensive Land Use Plan must come through the Planning & Zoning Board. The request is that the tract of land at the North end of the Country Club be returned to residential classification. Mrs. Johnson stated it is zoned as residential. however this small portion of land is colored as Park and Recre- ational Use. Mr. LuBien stated this is correct, but in the event it is ever decided to sell this particular portion, they want to be certain to adhere to all letter of the law. Right now the Land Use Plan classifies this as Parks; it must be returned in the Land Use Plan to residential use. Mr, Palmer moved that we return the Land Use Plan to residential use, • seconded by Mr. Laubenthal, and carried unanimously. Following conclusion of the regular Agenda, Mr. LuBien submitted to the Board copy of a memorandum and photocopy of Sign Ordinance of Coral Gables - 6 - July 14, 1983 and requests the opinion of the Board relative to real estate sign restrictions. It was decided by the Board they would study the Coral Gables 40 sq. in. sign restrictions and consider same at our next meeting before a full Board. Mr. LuBien also discussed the Lebowitz structure, which has a slate roof, and Mr. Lebowitz wanted to put a second -story addition on the house but the framework was of wood. He has come back with a set of plans which comply with our masonry requirements. There,are extensive alterations done to this building, however, nothing is out of harmony with the existing structure. Mr. LuBien does not feel it needs to come before the Board. The Board concurred that if it conforms, there is no problem. Mr. Laubenthal, in closing, stated a marvelous job was done by Mr. Rossi, in his baptism of fire,and all the Board agreed. The meeting adjourned at 9:30 p.m. LJ Secretary • Approved: