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12-13-1984 Regular Meeting1 MIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING DECEMBER 13, 1984 A regular meeting of the Miami Shores Planning & Zoning Board was held on December 13, 1984, at. the Miami Shores Village Hall. The meeting was called to order at 7:30 p.m.by the Chairman, J. Robert Stobs, II with the following members present: J. Robert Stobs, II, Chairman Patrick L. Duffy Thomas Laubenthal Robert J. Rossi J. Leslie Wiesen Also present: Frank J. LuBien, Director of Building & Zoning L. R. Forney, Jr., Village Manager 1. MINUTES Mr. Rossi called attention to Pg 2, Item #4, last paragraph. The paragraph will be stricken, as this was not a motion. Mr. Wiesen moved to approve the minutes as corrected, seconded by Mr. Duffy, and carried unanimously. 2. REQUEST FOR APPROVAL OF 6' WOOD FENCE Stan Taylor 10611 N. E. 10th Place Mr. LuBien noted that a variance to. Sec. 518 (a) is required for approval of this request. The maximum height for fence allowed in rear yard is 5 ft. The purpose of this fenced area is to house a Village owned police dog. Members reviewed site plan and location . of the proposed fence. Officer Stan Taylor was present to present his request, on his own behalf. He stated the necessity. for the 6ft fence, as the dog is trained to attack. The additional height is needed so that people cannot reach over or through the fence and provoke the dog. He further noted that, he works days and nights and the dog is his partner. The dog will charge the fence if people come near, and can jump to a height of 8ft. The fence height is needed for the protection of children and the Village. Miami Shores Police Chief, John Fletcher stated that, the dog is now housed in South Dade, but is needed in the Miami Shores Village because he is on call. He noted the dog cost $1,500.00 and after twelve weeks of training is much more valuable. He further noted the importance of the 6 ft fence for the protection of children and the Village. Mr. Stobs stated, there have been numerous requests from other Village residents for a higher fence to protect dogs and property, and he feels it is very.important to be consistent with the code. This request is no different from the others the Board has heard, and he is especially opposed because of the request from the Village, to protect Village property. PLANNING & ZONING BOARD -2- December 13, 1984 Mr. Rossi noted that, he is concerned with granting a variance for Village owned property and the Liability to the Village. Mr. Duffy felt that, this is an unusual hardship case, and he noted the liability remians the same for the Village as for a private party. He is in favor of making adjustments necessary in this particular case. Mr. Forney advised members that, the dog is an integral part of the life and occupation of Officer Taylor, the dog must always be with his partner. He felt that members should take another look at the 5 ft fence restriction. Much discussion followed. In reply to questions it was noted, the Village does not compensate Ofc. Taylor for keeping the dog. The dog cannot be dropped off someplace and be picked up, as he would loose confidence in his owner. Officer Taylor further noted that he had not talked with the adjacent neighbors regarding this matter. Following further discussion, Mr. Wiesen moved to approve the variance for a 6' wood fence as requested, seconded by Mr. Duffy. Mr. Duffy offered an amendment to the motion to grant the request for the variance on a hardship basis, considering the Village liability without the raised fence height. Also that the variance be conditional, and can be withdrawn when Officer Taylor or the dog is no longer in the employ of Miami Shores Village. The amendment was accepted by Mr. Wiesen. In further discussion, Mr. Laubenthal stated that, he is in full agreement with Mr. Stobs, and is reluctant to approve the request at this time, without giving the matter and the ordinance more thought. He recommended the item be tabled and consider a change in the ordinance from 5.ft to 6 ft height limit. Mr. Stobs noted that, this request cannot be separate from any other individual case. It is important that this Board be con- sistent in its decisions. Mr. LuBien informed Members that 30% to 40% of all violations cited by Code Enforcement are hedge and fence in excess of height limitations. Following further discussion the question was called. The motion failed with the following vote: Mr. Laubenthal No Mr. Wiesen Yes Mr. Stabs No Mr. Duffy Yes Mr. Rossi No More discussion ensued. PLANNING & ZONING BOARD -3- December 13, 1984 Mr. Rossi moved to propose an amendment to change fence height from 5 ft to 6 ft as provided in Section 1001 (b), and further recommended that a Public Hearing be held as soon as possible. The motion was seconded by Mr. Wiesen, and carried unanimously. The public Hearing date was then scheduled for January 10, 1984. 3. REQUEST FOR AMENDMENT TO CODE Barry University 11300 N. E. 2nd AVE. Mr. LuBien noted that the request is for an amendment to the code to provide for on -premise consumption of beer and wine. The present zoning is S-1. Mr. LuBien included in. Member's packet a copy of letter from Sister Jeanne O'Laughlin, O.P., President of Barry University, and Mr. Forney's reply. Edward P. Swan, Esq., attorney representing Barry University, and a member of the University Board of Trustees, stated that, the request comes from Sister Jeanne, who feels there is a real need for the Rathskeller at Barry. Mr. Swan has done some research re- garding the matter, and the. State will not grant a license without Village approval. Mr. Swan stated, that by using the present S-1 Zoning -College Use- the verbage could not open a pandora's box. Discussion followed. Mr. Forney statedlit is important to have the opinion and verbage of the Board with a refinement of language by the Village Attorney. Mr. Stobs recommended that, the University be well prepared to address the items of the request at the Public.Hearing. He also felt it is important for Mr. Fann, the Village Attorney to attend the hearing to address verbage, and opinion. In reply to query, Mr. Swan stated that, the Public. Law on Highway Safety 98-363, the Federal. Government in September 1985, will with- hold 5% of highway construction funds from States who do not change the law, making the legal drinking age 21. The second year, the amount witheld will be 10%. Based on this ruling, passage is very probable. Much discussion followed. Mr. Stobs stated, input is also desired from the Village and the Miami Shores Police Department. Mr. Swan advised Members that, a line item for security at the University has been increased tremendously in the new budget. Following further discussion, Mr. Forney advised the Board that, he will obtain a ruling from Mr. Fann, concerning notification of the property owners. 1 • 1 • PLANNING & ZONING BOARD -4- December 13, 1984 Mr. Wiesen moved for the Public Hearing to be held on Thursday, January 24, 1985, to amend the S-1 zoning to allow for on premise consumption of beer and wine. The motion was seconded by Mr. Duffy, and carried by a unanimous vote. Mr. Stobs recommended the hearing be held at the Community Center. The 1st Council reading will be held February 5, 1985 and the final reading on February 19, 1985. 4. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE MICHAEL MARCUS 251 N. E. 98th ST. Mr. LuBien advised the Board that Mr. & Mrs. Marcus advised him they would be unable to be present at this meeting, but he intro- duced the revisions to the original garage enclosure. Mr. Rossi felt a floor plan should be attached, and it appeared too habitable. Mr. LuBien advised, the purpose of the room is for storage of lawn mower and tools, etc. Following further discussion, Mr. Laubenthal moved to accept the revised plans as submitted, and to express appreciation that Mr. & Mrs. Marcus responded to the opinion of the Board for re- vised plans, seconded by Mr. Wiesen, and carried by a unanimous vote. The meeting adjourned at 9:20 p.m. .