02-23-1984 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD MEETING
FEBRUARY 23, 1984
A regular meeting of the Miami Shores Planning & Zoning
Board was held on February 23, 1984, 7:30 p.m., at the Miami Shores
Village Hall, with the following members present:
J. Robert Stobs, Jr., Chairman
Robert J, Rossi
Patrick Duffy
J. Leslie Wiesen
Thomas J. Laubenthal
Absent: None
Also present: Frank J. LuBien, Dir. of Building & Zoning
L. R. Forney, Jr., Village Manager
Steven Rubinstein, Staff Asst., Revitalization Bd.
1. MINUTES:
The minutes of the February 9, 1984 meeting were approved as
written, motion made by Mr. Rossi, seconded by Mr. Duffy and
carried unanimously.
2. REQUEST FOR APPROVAL OF FRONT YARD PARKING FOR MOTOR HOME &
TRAILER
EUGENE A. FELKER
10295 N. W. 1 AVENUE
The members of the Board reviewed pictures of the parking
violations as Mr. LuBien outlined Sec 501 (s) (1) of the code.
He also showed copies of Mr. Felker's Handicapped Person's
Parking Permit. Mr. LuBien noted he researched the Felker
file to determine if there is an area available on property
for parking use, but was unable to find anything of significance.
The particular property faces on N. W. 1 Ave., and side and rear
yard are too small to handle such a large motor home & trailer.
Mr. Felker stated he is requesting the variance on the basis of
disability, and financial hardship. He stated the main use of
the motor home is recreational, but is necessary for the con-
venience it pro rides on his infrequent trips. Mr. Felker also
stated that this is not his primary means of transportation.
Members, though very sympathic to Mr. Felker's plight, felt
that since the vehicle is recreational, Mr. Felker should ex-
plore other possibilities for parking or storing same.
Following:lengthy discussion, Mr, Wiesen moved to table the
matter for thirty (30) days or until the 2nd meeting in March
(March 23), seconded by Mr. Duffy, passed unanimously.
-2- February 23, 1984
3. REQUEST FOR APPROVAL OF FENCE LOCATION
L. GRAVER
1155 N. E. 103 STREET
Mr. LuBien distributed a sketch of the property showing the proposed
fence location, He called attention to Sec, 518 (a) (2) for restrictions.
(31/2/ on any corner plot with 20/ set back). He pointed out that the
property is bounded on three sides by streets. The back yard abutting
on 104 Street, giving the appearance of a front yard,
Mr. Graver stated he desires to construct a 5' wood fence to secure
the mango trees on his property, The mango trees are 61 inside his
property line and still there is constant raiding of the trees. He
noted that a 31/4/ fence would not provide adequate protection,
Following much discussion concerned with visibility at the intersection,
Mr. Rossi moved that in as much as the property is unusually bounded by
street frontage on three sides and not inhibited by a 90° intersection
obstruction, causing restrictions to traffic entering and exiting on
Biscayne Blvd and on 104 Street, the variance for fence height and in-
stallation be granted, seconded by Mr. Wiesenf,and carried unanimously,
Mr. LuBien noted that this variance must now come before the Council
for approval,
4, DISCUSSION OF WATERFRONT -PROPERTY 'AND II SCELLANEOUS ITEMS
WITH STEVEN RUBINSTEIN,
Upon an invitation from Mr, Stobs, to speak, 'W. Forney,
Village Manager stated he came to the meeting to listen, and
is primarily interested in research by Steven Rubinstein and
thoughts of the Planning & Zoning Board concerning Waterfront
Property,
Mr, Stobs informed members that questions are arising concern-
ing set -backs, structures, docks, etc,, and who has jurisdic-
tion to control or impose waterfront property restrictions.
Mr, Rubinstein informed members that he had written various
State agencies for information regarding regulation of water-
front property. In turn he has received -.various pamphlets
from the Department of Natural Resources, State of Florida,
Army Corps of Engineers, and the South Florida Water Management
District. A11 are comprehensive documents that basically state
that, anything done on any waterway comes under the jurisdiction
of the State, the Corps of Engineers, and does not leave much to
Miami Shores Village to regulate. Anything done on the other
side of the property line in the water, becomes the responsibility
of a higher office,
Discussion followed dealing with a municipalities authority to
regulate. It was agreed there is a need for an ordinance, or
guide lines addressing set back, and structure restrictions for
waterfront property. Members agreed the Ordinance should be
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February 23e 1984
amended to read, items that occur on the other side of the
property line requires a permit which would be contingent on
approval from XYZ. The remainder of the ordinance to remain
as is except where a variance is required, Mr, Rubinstein
was advised to draft such an ordinance.
CHURCH ZONED PROPERTY:
Mr, Forney advised the Board that in discussion with Mr. Wm,
Fann, Jr, Village Attorney, a change is desirable in the
residential zoning which permits churches in residential
areas, It was agreed to change Church zone use from resi-
dential to commercial use, except for existing churches
which are grand -fathered in.
In other discussion, Mr. Forney stated that he will be send-
ing the Planning & Zoning Board a letter requesting classi-
fication of the land adjoining the Country Club for recrea-
tional use. The Comprehensive' Plan must be reviewed every
five (5) years, it must coincide With the State Plan and any
revisions must be sent to the State by July. Mr. Forney and
Mr. Rubinstein will work on this change.
Mr. Stobs requested that an inviataion be extended to
Mr. Franklin Grau, Chairman of the Downtown Revitalization
Board to address the Planning & Zoning Board, and outline
their work as ideas are formulated.
Mr, Duffy asked Mr, Rubinstein to provide copies of all the
minutes of the Revitalization Board meetings thus far>
Planning & Zoning Board members will receive these minutes
in their next packet of materials.
All members expressed appreciation to Mr. Steven Rubinstein
for taking the time to attend this meeting.
The meeting adjourned at 9:30 p.m.
and all future meetings,