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01-24-1985 Public HearingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING - PUBLIC HEARING January 24, 1985 A regular meeting of the Miami Shores Planning & Zoning Board was held on January 24, 1985, at the Miami. Shores Community Center. The meeting was called to order by Chairman Stobs, at 7:45 p.m..(Detained because of anticipated arrival of two Board members andtwo persons making request on the agenda). The following members were present: J. Robert Stobs, II, Chairman Robert J. Rossi Patrick L. Duffy Thomas Laubenthal J. Leslie Wiesen Absent: None Also Present: Frank J. LuBien, Director of Building & Zoning L. R. Forney, Jr., Village Manager Wm. F. Fann, Jr., Village Attorney 1. MINUTES Mr. Duffy moved to approve, as written, the minutes of the meeting of January 10, 1985, seconded by Mr. Rossi, and carried unanimously. 2. REQUEST FOR APPROVAL OF PLANS FOR SCREEN ENCLOSURE THOMAS J. MC DERMOTT 662 N. E. 105th St. Mr. LuBien noted that each member's packet included a partial plan indicating the area involved. The proposed screen enclosure covers a considerable area of the rear of the house. One section calls for a proposed awning, which is actually a part of the horizontal section of screen enclosure, this solid aluminum constitutes part of the roof and aluminum is not allowed as a roof structure. Since Mr. McDermott had not yet arrived, Mr. Rossi moved to table the request, and return to it later in the meeting, seconded by Mr. Duffy, and carried unanimously. 3.. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE HYPPOLILE FLEURENTIN 9525 N. W. 2nd Ave. Members reviewed a plot plan and a plan for enclosure of garage as a game room. Mr. LuBien indicated that Mr. Fleurentin had complied with all prerequisite requirements for a garage enclosure. Following brief discussion, Mr. Duffy moved.to approve the request for garage enclosure as submitted, seconded by Mr. Rossi, and carried unanimously. 4. REQUEST FOR APPROVAL OF PLANS FOR PARTIAL ENCLOSURE OF DETACHED GARAGE VICTORY HOTEL CORPORATION 137 N. E. 92nd St. Mr. Wiesen, Mr. Laubenthal, Mr. McDermott and Mr. Fleurentin arrive at this point, having gone to Miami Shores Village Hall by mistake. 1 PLANNING & ZONING BOARD MEETING -2- January 24, 1985 As members reviewed the site plan, Mr. LuBien explained that this appears to be a type of compound. The CBS, two car garage is actually outside the wall surrounding the complex, technically classed an accessory building, and as such is subject to Sec 516, Pg 917 of the Code Handbook. As such to grant this request would require a variance. Jamine Victoire, representing her mother, the owner, was present to make explanation and answer questions. Following discussion, Mr. Duffy moved to deny the request, seconded by Mr. Wiesen and carried unanimously. Mr. Stobs advised Ms. Victoire that the Victory Motel Corp does have the right to appeal to Council. The request must be made in writing by Wednesday, Jan. 30, 1985 for the Feb. 5th Council Meeting. 2. CONTINUATION OF REQUEST FOR SCREEN. ENCLOSURE FOR MR. MC DERMOTT Mr. McDermott explained his plans to the Board, stating that he is willing to make changes necessary to satisfy the Code/and the Board. Mr. Rossi noted that the awning is not as harmonious as if it were broken over each window. He moved to deny the structure as a flat roof, seconded Mr. Duffy. Discussion continued. Mr. Wiesen suggested a reduction of the aluminum awning section, so that it does not continue the length of the house. Mr. McDermott agreed this could be done. Mr. Rossi then withdrew his previous motion, and moved to allow the screen enclosure with the awning to be over that portion of dining room, Florida room, and along the adjacent:return (over door), seconded by Mr. Wiesen, and carried unanimously. 5. REQUEST FOR APPROVAL OF PLANS FOR PARKING LOT WITH SHELTERS BISCAYNE KENNEL CLUB 520 N. W. 115th St. Mr. LuBien presented the request for approval of plans for the improvements for the parking lot with two open shelters, and a two story storage building. He also presented site plan showing the location of the two projects. Mr. James Bird and Mr. William Bradford, Architects, representing Biscayne Kennel Club were present to explain the request and to answer questions of the Board. Discussion took place regarding details, and other aesthetic information. Mr. Laubenthal moved to approve the plans as submitted, seconded by Mr. Wiesen, and carried unanimously. PLANNING & ZONING BOARD MEETING -3- January 24, 1985 6. PUBLIC HEARING TO CONSIDER AMENDING CODE TO PROVIDE FOR ON - PREMISE CONSUMPTION OF BEEN. AND WINE IN S-1 DISTRICT. Chairman Stobs read the notice as it appeared in Neighbors section of the Miami Herald. Sister Jeanne O'Laughlin, O.P., President of Barry University, tstated that as President of Barry, it is her responsibility to supervise the students, and provide for their security and safety. By obtaining this license for beer and wine at the University there Will be a controlled, central place on campus for students to meet. This would eliminate students driving home from questionable estab- lishments that she cannot supervise or secure. Sister further noted that most students can and will regulate themselves. Kimberly Sescoe, President of Student Government, representing the students, stated that the use of the Miami Shores Country Club as a rathskeller is appreciated; however, it is small,: not: secure, and inconvenient. Barry can provide the security, it would be more.con- venient, and by providing a place on Campus for interaction of the student body eliminate the hazards of drinking and driving to the University of Miami Rathskeller, F.I.U., Miami Shores Country Club and St. Thomas, etc. Edward P. Swan, Esq., Attorney for Barry University, noted that if the request is granted, Barry must and will abide by all liquor laws of the State of Florida. He further advised the Board .that ID cards are provided for all students. The University will not put itself in jeopardy. The security force at Barry has been increased, and the Miami Shores police are hired for any special occasions. Mr. Swan further informed the Board, that a rathskeller at Barry would do no harm to Miami Shores Ordinance, the addition of S-1 District is the change necessary. Mr. Swan further stated, that each issue must be decided as it arises, no rule is made to fit all cases. A modification of the law adding S-1 does not createspot zoning, but fits only Barry University. Discussion followed concerning limiting license to wine and beer, location on campus, proposed schedule of opening, and use by faculty, staff, and students and a guest, who the student host or hostess is responsible for. Mr. Stobs questioned, if anyone has discussed this issue with the Miami Shores Police Department. Mr. Forney advised the Board, that he had discussed this with Lt. Brenton who advised him, in his judgement, there have been no unusual problems for police at the Miami Shores Country Club rath- skeller and none are anticipated at Barry University. ;Mr. William Fann. Esq., Village Attorney stated that S-1 can easily be added to Section 501 (b) allowing for consumption of 'gine and beer on Campus. Mr. Fann, in, response to query, stated the Dept. of Alcoholic Beverages regulates licensing, making it completely State regulated. • PLANNING & ZONING BOARD -4- January 24, 1985 In open discussion: Phil Picard, Communication student, is strongly in favor. Edward Harrigan, 260 N. E. 99th St., would encourage the Board to work out the legalities, he is in favor of granting the license. Thomas J. McDermott, 662 N. E. 105th St., feels the rathskeller will enhance the Campus and campus life. He is in favor. Mr. Rossi commended, Barry is a growing University, and he is proud it is in his community, it desires and attracts good responsible students. Also that Sister Jeanne is an outstanding Administrator, and will administer what she says. The fact there has been no opposition presented, tells us something. Mr. Duffy, concurred with Mr. Rossi, adding that he cannot recall a College without a rathskeller and that Sister Jeanne is a great manager and will maintain the standards of the University in regu- lating the use of the rathskeller. Mr. Laubenthal thanked the members of Barry University for a through presentation, he agrees with Mr. Rossi, also that the people at Barry are responsible, and know how to conduct themselves. Mr. Laubenthal moved to approve the application as submitted, request- ing a change to the Zoning Ordinance, adding S-1 District to Article V, Section 501 (b), the refinement of language will be by Mr. Fann, the Village Attorney. Motion seceond by Mr. Wiesen, and carried unanimously. Mr. Forney advised Mr. Swan that the issue will be heard at the Council Meeting of February 5, 1985. The meeting adjourned at 9:30 p.m.