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11-17-1983 Public HearingMIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING NOVEMBER 17, 1983 PUBLIC HEARING A meeting of the Miami Shores Planning and Zoning Board was held on November 17, 1983, 7:30 p.m., at the Miami Shores Village with the following Board members present: J, Robert Stobs, Chairman Robert J. Rossi Thomas J. Laubenthal J, Leslie Wiesen Patrick L. Duffy Absent: None Also Present: Frank LuBien, Building Director 1) MINUTES: Minutes of the meeting of November 10, 1983 were approved as written by niption made by Mr. Laubenthal seconded by Mr. Wiesen and carried. 2) PUBLIC HEARING - OFF-STREET PARKING IN FRONT SETBACK Notice of this Hearing had been publicized and two residents were present. Under consideration was the following: Parking within the front setback will be allowed under the following provisions: A. Approval of site plan by Planning & Zoning. B. Approved configurations of parking, circular or perpendicular only, as follows: a) Circular drives shall be within side setbacks and no wider than 12 feet and shall be extended to the public right -of -,aay . b) Parking perpendicular to front property line shall be no wider than 25 feet and shall be extended to the public right-of-way. C. Public concrete sidewalks shall be increased in thickness from 4" to 610 where abutting improved parking area, - 2 - November 17, 1983 Chairman Stobs explained the procedure that would be followed of first hearing from residence in attendance and then hearing the comments from the Board. Mr. Paul Buechele, 99 N.E. 103 Street felt that enclosing garages illegally has been going on for a long time in Miami Shores. He felt there were not many houses left that.have not gone through that process. The Chairman explained that the change in the ordinance will allow enclosure of garages to be done legally with permit. It was also explained to Mr. Buechele that technically it is a violation of the present ordinance to park a vehicle in the front setback; i.e. 25 feet; if you park 35' from the front setback, that is legal. Mr. Buechele uses his garage for a washer, dryer and heater and therefore parks in his driveway. He is in violation of the ordinance as written as he is parking in the front setback. With reference to garage enclosures, Mr, Buechele felt this is a mistake as the home owner usually looks for space for another garage, sometimes putting pipe and canvas up or aluminum accessory building which is esthetically unpleasing. The Board advised Mr. Buechele this type of structure is not allowed by the Village. Mr. Dick Bezdek, 28 N.W. 104th Street said he had enclosed many a garage in Miami Shores, leaving the garage doors untouched. He agreed with Mr. Buechele that this has been going on in the Shores for many years. Mr. Bezdek stated he is in favor of the availability of enclosed garages. Discussion was then turned over to the Board members: Mr. Rossi: Mr. Rossi stated he had a problem personally with advertising a Public Hearing to change an existing Ordinance in effect for 30 years, and get no public, or very small public outcry for the change. If there is tremendous public interest, then possibly the public would like to see a change. We have had this before us in several other instances as at the Hearing to increase the size of boats, Mr. Rossi wants to make sure the Board asks itself - is there a need to change the Ordinance. Are we strengthening or weakening our Ordinances everytime we do this. That is one side of the coin - on the other side of the coin, if we do allow parking in the front setbacks, we are also at the same time allowing people to enclose their carports and garages. Like these gentlemen are saying here today, many, many people have already converted them into apartments and second family dwellings in single family residences. This Board feels they can control this through other Ordinances, if they can find them. Those are Mr. Rossi's comments as far as the Public Hearing. Basically, is there a need to change this Ordinance. - 3 - November 17, 1983 Mr. Duffy: Mr. Duffy feels that the Ordinance as it is written is not enforceable - "you can drive up and down every Street and Avenue in the Village and find vehicles packed in the setbacks." He stated that the Village looses a bit of our potency when we have situations that are unenforceable. He feel that it is proper to correct the Ordinance so that we can properly enforce it. He stated conversion of existing garages might become more commonplace, however, the Planning & Zoning Board reserves the right to review very strictly any applications for conversion. Mr. Duffy questioned whether the grandfather clause would apply on item 3 to existing 4" sidewalks. The Chairman noted this provision would apply to new installations, and if the Building Director had any questions, they could be brought before the Board before the permit is issued. Mr. Wiesen: Mr. Wiesen stated he did not think there would be too much new construction in Miami Shores. He noted there has been a precedent set in the last 30 or 40 years of residents parking in front of their homes, with garages and without garages and he does not think anything will stop this, With reference to carports and garages, again he feel that is a precedent - people have been doing this without permits by not removing the garage doors. He believes the change in the Ordinance will give us more control and increase fees for the Village when residents legally apply for permits for carport and garage enclosures. Mr. Wiesen is in favor of legitimizing this whole concept with the Ordinance changes under consideration. Mr. Laubenthal: Mr. Laubenthal stated he too is disappointed in the turnout for this Hearing, but he is satisfied that we are moving in the right direction because we do need to clean up our Ordinance when in fact we have so many people living in violation, We are going through the motions of legalizing what has become to some degree a standard of the community, whether by written law or by unwritten law. He noted he was pleased to see some better definition to the guidelines controlling construction in terms of the circular drives. Mr. Laubenthal advised he basically approves of these provisions to the Ordinance and he feels this is a progressive step. To the issue of garage enclosures, he feels that to some degree we should all be concerned, and he feels the Board is very con- cerned, about the quality of construction and architecture in Miami Shores. If we keep a close eye on any proposals and ascertain that they meet the guidelines we have established i.e, to be harmonious, we should maintain our sound community. - 4 - November 17, 1983 Mr, Stobs: Mr. Stobs stated that at Public Hearings we should hear a need from the public and they should express that need for a change in the Ordinance. He expressed disappointment in public participation. He feels that when you drive around Miami Shores and see numerous cars parked in the front setback,technically in violation of our Ordinance, the residents don't feel a need to be at the Hearing - they are doing it and will continue to do it. He stated the only time you will see the residents is when they want to enclose their garages or carports. The Chairman stated he would rather see this regulated, and if we look at the proposed amendment, with a few modifications, we might be able to insure the architectural integrity of Miami Shores. We are encouraging the residents to come to us to enclose their garages and carports legally, Is this proposed amendment something that Miami Shores can live with and still stay harmonious, asked the Chairman? He feels it is not going to change the character of Miami Shores as the Board has always looked at that and have been successful in maintaining the status quo. Following Board discussion and consideration of all three provisions, Mr. Wiesen moved for approval of this amendment, with the exception of item 2, line 1, the addition of - circular and/or perpendicular .,., The motion was seconded by Mr, Duffy and carried unanimously. Board recommended amendment be prepared in Ordinance form for consideration of Council. The meeting adjourned at 9:00 p„m, Secretary •