Loading...
03-28-1985 Regular MeetingPUBLIC HEARING MIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING March 28, 1985 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on March 28, 1985, at the Miami Shores Village Hall. The meeting was called to order by Chairman Stobs, at 7:30 p.m.. The follow- ing members were present: J. Robert Stobs, II, Chairman Patrick L. Duffy Thomas Laubenthal Robert J. Rossi J. Leslie Wiesen Absent: None Also Present: Frank J. LuBien, Director of Building & Zoning Approximately 15 people for Public Hearing 1. MINUTES The minutes of the meeting of March 13, 1985 were approved as written, by a motion made by Mr. Wiesen, seconded by Mr. Duffy, and passed unanimously. 2. REQUEST FOR APPROVAL OF 8' MASONRY WALL JUAN ALDRICH 9701 N. E. 13th Ave. Members reviewed copies of a map indicating the location of the property, so as to have a clearer view of the reason for the request. Mr. LuBien noted the proposed wall would begin at the edge of street right-of-way and continue to the end of the property, continuing to the seawall property line at Biscayne Bay. North Bayshore Dr. ends at the edge of the property as does the Public Park. Mr. LuBien read Sec. 518 (1) of the ordinance. He noted that while this is not a commercial area, it has some of the same problemscontiguous to Public Park. Dr. Aldrich stated that he is requesting the Variance to Sec. 518, for the 8' CBS wall on the basis that the Public Park has the same basic elements as a commercial area, in the large amount of traffic generated, vehicles being parked against the property, graffito and broken glass on and around seawall, dock and property. Also immoral acts have been observed in this area of the park. Many people not living in the area climb the wall onto private property. The present wall is 41/2 to 5' high, which is inadequate. Discussion occurred concerning an extension on the existing wall. Mr. Rossi felt it a reasonable request, and he is sympathic to the Aldrich problem, but he does not feel the Board has the authority to grant a variance, and disregard the Ordinance. There is a problem justifying a park as commercial property. • PLANNING & ZONING BOARD -2- 3/28/85 Mr. Stobs advised Members the Ordinance is very clear as to exceptions allowing for an 8' wall. He further stated the re- sponsibility at this time is to act on the request for a variance, which he could see no grounds for. It appears therqmay be a need for a Public Hearing to determine if the Planning & Zoning Board is interested in amending the Ordinance to allow for Public Park. Discussion continued regarding input from adjoining neighbors, and the possibility of landscape screening to remedy the problem. Mr. Rossi moved to deny the request as presented, and to set a date for a Public Hearing to change the Ordinance. The motion failed for lack of a second. Mrs. Fran Everett, a next door neighbor, inquired about the request. She stated that she is interested in learning more about the situa- tion, and giving the matter some study. Mr. Laubenthal moved to deny the application as submitted. He further moved no Public Hearing is warranted, in light of the fact that it is an unusual piece of property, but the condition existed at the time of purchase, and that there are other solutions. Mr. Stobs advised that the request itself should be addressed. The issue of the Public Hearing should be addressed separately. Mr. Laubenthal rephrased the motion to simply deny the application as submitted, seconded by Mr. Rossi and passed unanimously. Following further discussion, relating to the need for apprising neighbors, and receiving input and further study to amend the Ordinance, Mr. Wiesen moved to schedule a Public Hearing, seconded by Mr. Rossi, and carried by a 4-1 vote, with Mr. Laubenthal dissenting. The Public Hearing was then set for the next. Planning & Zoning Board meeting, April 11, 1985. Dr. Aldrich was advised that he does have the right to appeal to Council. The request must be in writing by noon tomorrow (Fri.), otherwise he has ten (10) days for appeal to the Council at its April 16 meeting. 3. REQUEST FOR APPROVAL OF DISH ANTENNA NORMAN LIU 10450 Biscayne Blvd. or 10550 Biscayne Blvd. The request to place the Dish Antenna at 10550, behind the office, was 4111 clarified by Mr. LuBien. Discussion took place concerning the visibility of the antenna, and the various areas in which it does comply with the Ordinance. Also Mr. Liu informed Members that the antenna will be white. Members reviewed photographs presented by Mr. Liu, and agreed the re- quest does comply with the intent of the Ordinance, with some type of minimum landscaping to screen the structure from Biscayne Blvd. PLANNING & ZONING BOARD -3- 3/28/85 Mr. Wiesen moved to approve the request for the antenna at 10550 Biscayne Blvd., providing for some landscaping to screen it, the motion was seconded by Mr. Duffy, and carried unanimously. 4. REQUEST FOR APPROVAL OF PLANS FOR FLORIDA ROOM ADDITION JOHN CAMP WADS CONST. CO., INC. 9290 N. Bayshore Dr. 5582 N. W. 79th Ave. Members reviewed site plan, floor plan, and new south elevation. The nature of the request as outlined by Mr. LuBien is for approval of plans for florida room addition. He stated that the present building area is 3,428 sq. ft., the proposed addition is 473 sq ft. Thisis within the allowable flat roof addition of 514 sq. ft.. All the existing area is pitched roof, the new section will be built/up gravel and one skylight section. After brief discussion, Mr. Duffy moved to grant the request, seconded by Mr. Wiesen, and passed unanimously. 5. PUBLIC HEARING - REAL ESTATE "FOR SALE" SIGNS Mr. LuBien noted the Members received in their packets a copy of the ad as it appeared in Neighbors, March 24, 1985. Also, copies of the regulations from Coral Gables, Miami Beach and several of our surround ing municipalities. Mr. Stobs stated the Hearing came about as the result of a request from Village Council. In an opinion from the Village Attorney it was noted that, there is a U. S. Supreme Court decision against the ban of real estate for sale signs. This also prevents limiting the number of signs in use by a given broker. Therefore, this hearing should be conducted within limitations of authority to prescribe the aesthetics of real estate for sale signs. Mr. Stabs then invited comments from he floor. George Frix, 155 N. E. 96th St.. Mr. Frix stated, he has mixed emotions with regard to regulation on the signs, he doesn't feel it is an issue to legislate. While he feellit unhealthy to have too many signs out, this is a matter which can be policed by the Real Estate Community itself. Mr. Stobs read the present Miami Shores Village Ordinance, regulating real estate for sale signs and requested that comments be addressed as to shape, size, color, set back. We have already been advised the signs cannot be banned. Discussion took place with regard to the reason behind this hearing. Fred Astor, Astor & Baden Realty, Inc., 9539 N. E. 2nd Ave.. Mr. Astor stated that he would like to minimize the appearance of signs. It might initially hurt brokers but eventually benefit both citizen and brokers in increased sales and increased property values. Further Mr. Astor feels that the Real Estate Community should police themselves. PLANNING & ZONING BOARD -4- 3/28/85 Charles Chambers., Do Right Realty, 9838 N. E. 2nd Ave.. Mr. Chambers declared his signs are copyrighted. He is satisfied with the Miami Shores Village sign Ordinance as it now reads, and is not in favor of a change. Bill Hildebrand, Biscayne Park Realty, noted that he likes the ° Ordinance as is. If houses are to be sold, they must be advertised, and he feels the best advertising tool is the sign. . Betty M. Pirie, Biscayne Park Realty, agrees with. Mr. Hildebrand, her husband, the Ordinance is good as written, no change necessary. Dave Oliver, Vice President of Andover Civic Association. Mr. Oliver noted he has no vested interest in this decision, but came to share information which worked for his community. The Andover Civic Assoc- iations desire to maintain the integrity of the neighborhood led to meetings with Realtors who voluntarily withdrew all real estate for sale signs. Over the twenty month period since implementation of the program) home sales have increased 75%. John Collins, realtor with Century 21, stated the problem is not the signs but the Miami Shores Revitalization Program. Betty Young lives in Miami Shores, with her office.in North Miami. She has had experience where people in the market to buy want to look on their own, therefore, signs must be out, with some controls. Dee Carter, of 1151 N. E. 101st St., is not in the real estate business, but comes as a concerned homeowner as to the effect any changes might have on a homeowner -seller. Mr. Stobs advised Ms. Carter the issue is aesthetic type situations and the same rules apply to homeowners -seller as to broker. Nedra Hodge, Miami Shores Realty, concurred that since signs cannot be banned, she has no objection to restriction or regulating the signs. Dan Barrie, 8975 N. E. 6th Ave., works and lives in Miami Shores, and feels the Ordinance should be left as is, with more stringent enforce- ment. Mr. Barrie also suggested charging a fee for outside real estate brokers might help curtail the number, and hopefully aid in compliance with the ordinance. Harriet Gilbreath, Laura McCarthy Realty. Mrs. Gilbreath stated the proliferation of signs is, unfortunately a sign of the times. However, she agrees with Fred Astor that the signs should be dignified, there should be some uniformity or standard. Mr. Rossi noted the Public Hearing was called with the thought of possible elimination of the signs, the opinion from the Village Atty. eliminates the impact. Mr. Rossi dislikes the trailer add-on, while he likes the Sold sign idea. He further stated that, signs should be standarized and this could be a cooperative effort among the brokers. PLANNING & ZONING BOARD -5- 3/28/85 Mr. Duffy, also a Miami Shores Realtor, feels that no change is needed, but the present Ordinance must be enforced. Mr. Duffy then suggested one sign per property for a period of six months, after six months signs should be changed because of their deteri- orating condition. A sign should be removed when the property is under contract, not sold. He would like to see all real estate brokers doing business in Miami Shores registered there in, pay a nominal fee and at the same time informed of the Ordinance of Miami Shores Village. Les Wiesen agreed that signs should be standarized. He doesn't like the abundance of for sale signs but has no solution to this problem. Thomas Laubenthal concurrs the proliferation of signs is a problem. He does not feel a reduction in size is effective. He agrees that licensing of brokers doing business in the area and the idea of the Real Estate Community cooperation to govern itself has merit. Mr. Stobs has no problem with the number of signs, but objects to the manner in which they are presented. He does not agree that the size should be reduced, but is in favor of uniformity and better enforcement. Mr. LuBien declared it is a never ending task to enforce the Ord., because of so many repeat violators. In response to query, he noted the procedure. for violation is first a courtesy call or notice, final notice, and then before the Code Enforcement Board, which may assess an Administrative fee, and/or a fine if the violation continues. Mr. Forney replied to questions, that the Police Department is re- luctant to go onto private property to enforce code violations. Further discussion regarding policing and removal of signs was pursued. Mr. Stobs read from sections of the Coral Gables Ordinance. Following other discussion, Mr. Stobs recommended to amend Sec. 504 (b) 2 of the Miami Shores Village Ordinance and adopting a part of the Coral Gables Ordinance, as follows: (c), (d), the first line of (e), (g) and (h). Mr. LuBien suggested that he will put these recommendations together in rough draft to be presented at the next meeting, for action to be presented to Council. Members concurred the changes will refine the Ordinance, clarify the Ordinance, and respond to community concern of the impact of the signs in neighborhoods as opposed to the direct intent of such signs. The issue of the Bravo Food Store, 9802 N. E. 2nd.Ave., was removed from the table by a motion made by Mr. Rossi, seconded by Mr. Duffy, and passed unanimously. It was determined the sign is in violation. First it is not as originally submitted to the Board. Second, it was erected without permit approval. • PLANNING & ZONING BOARD -6- 3/28/85 After discussion, Mr. Rossi moved to approve the sign as originally presented, seconded by Mr. Laubenthal and carried unanimously. Mr. Forney introduced Randy Nutter, the new Miami Shores Village Vice Deputy Village Clerk, and Personnel Director. The meeting adjourned 10:30 p.m.