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03-22-1984 Regular Meeting1 1 MIAMI SNORES VILLAGE PLANNING & ZONING BOARD MEETING MARCI1 22, 1984 A regular meeting of Miami Shores Planning and Zoning Board was held on March 22, 1984,-7;30 p4U,, at the Miami Shores Village Hall, with the following members •present; J, Robert Stobs, Jr., Chairman Robert J, Rossi Patrick Duffy Thomas Laubenthal J, Leslie Wiesen Also present; Frank J. LuBien, Director of Bldg. & Zoning. 1, MINUTES: Mr. Duffy noted typographical error, page 2, paragraph 1 of the minutes of the March 8, 1984- meeting. Should read Mr. Harrison, not Mrs., Mr. Wiesen moved to accept the minutes as corrected, seconded by Mr. Laubenthal, and carried unani- mously. 2. REQUEST FOR APPROVAL OF PARKING LOT SIGNS Archdiocese of Miami 9900 and 9990 N. E, 2nd Avenue Mr. Stobs raised the question, how this request differs from the previous request for signs at the same address. Mr. Lubien explained the number had been reduced from seven signs to four, and a more aesthetically pleasing sign now requested. The proposed signs would be situated, one at each of three entrances to the parking lot and one in rear parking area. Members reviewed a sketch of the sign and sketch of locations for placing the signs. Mr. David Pyle, Plant Manager for the Archdiocese stated the need for the signs to provide legal authority to tow away derelic vehicles and cars parked illegally. Also to provide adequate parking for employees and potential clients. Mr. Stobs stated that this parking situation has not been a problem with other buildings on N. E. 2nd Avenue. No one else has initiated or deemed it necessary to make a request for these signs. Father Vincent J. Sheehy, of the Archdiocese was concerned with liability should an injury occur on the property. Re was ad- vised that such signs do not protect from such liability. -2- March 22, 1984 It was the consensus of the members that perhaps once the building is an operational facility and fully occupied with employees and clients coming and going the situation will rectify itself to a large degree. It was also suggested that Father Sheehy discuss the problem with Mr. Fletcher, the Police Chief, and seek an opinion concerning the parking or storing of unauthorized vehicles. Mr. Duffy suggested that members receive a copy of the Florida Statues addressing this issue, for future reference. Following further discussion, Mr. Wiesen moved to table the request for the parking lot signs for one month, (Planning and Zoning Board . Meeting, Thursday, April 26, 1984), seconded by Mr, Duffy, and carried 4/1 vote, with Mr, Rossi dissenting, Mr. Laubenthal thanked Mr. Pyle and Father Sheehy for attending the meeting and working4ith the Board in seeking a solution to their problem. 3. REQUEST FOR APPROVAL OF FRONT DRIVEWAY PARKING FOR BOAT Richard Bieluwka 140 N. W. 102 Street Mr. LuBien stated that this is a request for variance to Section 501 (r), Previously distributed copies of fact sheet, sketch of plot plan and photographs of the boat parked in the yard were reviewed by the members. Mr, Bieluwka stated he parks the boat on the side of the house except for times he plans to use it, usually this is on Monday and Friday, Also that he moves it from spot to spot to protect the grass, The Zoning Director noted there are photographs of the boat parked in the front yard on days other than Monday and Friday, and he further stated that this is a recurring violation. Mr. Stobs read from the Ordinance, Section 702, Hardship variances, (a), (b), (c), (d), Mr. Bieluwka stated he is requesting the variance on the basis of his handicap, that being the use of a wheelchair. Following further discussion, Mr, Laubenthal moved that the application for variance, on the grounds of hardship, that is the handicap, be denied. Mr. Laubenthal qualified his position on the grounds that the straight forward solution could be the paving of an area on the side of the house to park or store the boat. Motion was seconded my Mr. Wiesen, and carried unanimously, Mr. LuBien advised Mr. Bieluwka he. has the right to appeal, how- ever he must notify the department in ten days in writing of his intentions. -3- March 22p 1984 4. REQUEST FOR APPROVAL OF DECK PLANS David C. Goodwin 610 N. E. 105 Street Mr. LuBien noted that the variance to -Schedule of Regulations is needed, as the Deck Plans indicated extension to the rear property line and a 51 minimum set back for a deck is required. A unique situation here is the unusual set back in excess of required set back and the location of the lot. Mr. Goodwin passed to members a waiver of objection from his neighbors, members also reviewed photographs of the back yard view and spa and deck as it now exists. Mr. Goodwin outlined the language of Section 702 of the Ordinance, stating that he is requesting the variance on the unusual condition,that the front set back of the house is at least 40', and rear facing on the Golf Course, Mr, Stobs addressed the necessity for set back requirements, and the important function they perform. He also advised the members that in considering this case, for or against, it be reviewed in relation to other properties in similar situations. There is no question that property that is on/or backs up to a golf course. is peculiar to the majority of Miami Shores property. Randa Samuels, Architect for Mr. Goodwin, stated that she would never design a structure that would infringe on another's rights or view. Following considerable discussion, Mr. Wiesen moved to approve the petition for variance due to the unusual circumstance sur- rounding the property, that is the golf course, Mr. Rossi seconded the motion, and variance was granted by a 4/1 vote, 0/1) with Mr. Duffy abstaining, Mr. Duffy stated he feels there are alternative means to remedy the situation which are aesthetic- ally pleasing. Also he feels that golf course property should not be identified as unique. Mr, LuBien advised Mr. Goodwin that this should come before Council,on Tuesday, April 3. 5, REQUEST FOR APPROVAL OF ALTERATION PLANS Borman's Tropical Chevrolet 8730 Biscayne Blvd. Mr. LuBien advised the Board that any alterations to structures in B-2 zones and any detached signs require Planning and Zoning Board and Council approval. Mr. LuBien noted the sign is allow- able as indicated on the plan. Mr. Borman outlined the plans as the members reviewed same, He stated he intends to maintain the profile and feels his remodeling plans are a definite asset in the area, 1 1 • -4- March 22, 1984 Mr. Stobs read the Sign Ordinance for the purpose of out- lining sign situation and/or restriction, Following discussion, Mr, Wiesen moved to approve the site plan alterations and sign as presented, seconded by Mr. Duffy, and carried unanimously, Mr. Bormankas advised that this will come before Council, Tuesday, April 3. 6. ADDITIONS AND AMENDMENTS TO APPENDIX A r ZONING RE: WATERFRONT PROPERTY Mr, Stobs recommended that this item be tabled, 7. DISH ANTENNA - PROPOSED ORDINANCE Mr, LuBien stated that he had requested and received a copy of the North Miami Ordinance which regulates dish antennas, In checking with Coral Gables he learned that Coral Gables flatly prohibits them, Also there is a case pending in Coral Gables to restrict enforcement of their ordinance. In seeking an opinion from Mr. William Fann, Village Attorney, Mr. LuBien was advised that it may be to our advantage to allow dish antennas with regulations. He further stated, in light of these facts the Board needs to address, how we may want our ordinance to read. Mr. Stobs requested a Public Hearing addressing the matter will be scheduled after the next meeting. 8. Mr. Lubien requested discussion on a non agenda item. He presented for the Board's review a sample of roof slate (artificial product cement asbestos applied as slate, cement aggregate) with the question, does this comply with out ordinance? He further stated the request for an opinion and the sample came from a new Miami Shores resident who is contemplating using it. Mr. Stobs advised Mr. LuBien to check for Product Control approval and more techinical data on the composition. The meeting adjourned at 9:40 p,m, Respectfully submitted, ecrery