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04-11-1985 Regular MeetingPUBLIC HEARING MIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING April 11, 1985 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on April 11, 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 Robert J. Rossi J. Leslie Wiesen Absent: Thomas Laubenthal Also present: Frank J. LuBien, Director of Building & Zoning Approximately 10 people for the 2 Public Hearings 1. MINUTES The minutes of the meeting of March 28, 1985 were approved as written, by a motion made by Mr. Wiesen, seconded by Mr. Duffy, and passed unanimously. 2. REQUEST FOR APPROVAL OF LANDSCAPE PLAN - BARRY UNIVERSITY 11300 N. E. 2nd Ave. Mr. LuBien called Members attention to the minutes of February 2, 1985, at which time a Site -Plan for the Barry University Dorm was approved,+ subject to approval by the Planning & Zoning Board, of a landscape plan to be submitted. Mr. James Killmeyer of Barry University and Mr. Feito, Architect, presented plans for the proposed landscaping. Following a brief discussion, Mr. Rossi moved to accept this -Land- scape Plan, as submitted, and to make these plans a part of the original plans, seconded by Mr. Wiesen, and carried unanimously. 3. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE E. S. CUPP 9313 N. W. 2nd Court Members received for their review, plot & roof plan, floor plan, 4111 West elevation view and photographs. Mr. Rossi explained to Mr. Cupp that, an ordinance was passed a year ago in order to prevent just this sort of garage enclosure. He noted, we must avoid the two front doors and the appearance of a closed garage. Also there is no continuity of architectural design. Mr. Cupp explained the garage door was in a deteriorating condition when he hit it with his car, and the garage was enclosed in an emergency to protect the interior. PLANNING & ZONING BOARD -2- 4/11/85 Mr. Duffy stated that in addition to eliminating the door there is a problem with making it look like a part of the existing house. There is no harmony. Discussion continued, regarding demarcation of the driveway ribbons and sufficient off street parking. Mr. Cupp replied that, he could cut the driveway ribbons back and add some landscaping. Mr. LuBien stated that, with the ribbons cut back there remains sufficient off street parking. Mr. Stobs advised Members the request must be considered on the basis of a garage enclosure, not in place. Mr. Duffy moved to deny the motion, based on Section 523 (dealing with harmony) of the ordinance. Motion was seconded by Mr. Rossi, and carried unanimously. Mr. Stobs advised Mr. Cupp that he can either appeal to Council or return to the Planning & Zoning Board with other plans. 4. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE PAUL ANNIS 379 N. E. 94th ST. Members reviewed site plan & floor plan and sketch of the proposed enclosure. The site plan indicated there will be no problem with sufficient off street parking. Mr. Rossi noted the alterations and addition is in keeping with the existing structure and certainly is an improvement to the property. Mr. Wiesen moved to approve the plans for the proposed garage en- closure as submitted, seconded by Mr. Duffy and carried unanimously. 5. REQUEST FOR APPROVAL OF METAL UTILITY SHED MICHAEL COHEN GREENBERG 10505 N. E. 3rd CT. Mr. LuBien outlined the request for accessory building, stating that, the house occupies the available building area leaving no space for utility shed as provided in Sec. 516 (e) and the Schedule of Regulations. Members reviewed survey of the property. Mr. Greenberg stated that, he has purchased Sears best as a place to store his lawn equipment, gasoline, etc.. The garage cannot be used for this purpose because he parks. his car there. Mr. Rossi & Mr. Stobs concurred that there are not sufficient grounds for the variance and there is a problem, in that, there is no room in the set back for the shed. PALNNING & ZONING BOARD -3- 4/11/85 Following discussion Mr. Rossi moved to deny the request based on the issue that, there are no grounds for a hardship variance. Mr. Duffy seconded the motion, and it carried with a 3-1 vote, with Mr. Wiesen dissenting. Mr. Greenberg was advised that he does have the right of appeal to Council, which he indicated he will exercise. 6. PUBLIC HEARING - ALLEYWAY ABANDONMENT, 8801 BISCAYNE BLVD. This case was outlined, as a petition to vacate a public alley at the rear of property at 8801 Biscayne Blvd. The alleyway is approxi- mately 112' long and 15' wide. It is owned by the Miami Shores Village, but it is not used by the Village. There were no residents to oppose abandonment, and Mr. Militana was the only person present to request same. There seems to be a question as to the feelings of the owner of property to the East and legal rights. Mr. Militana was advised by Mr. Stobs that, there doesn't appear to be any objection by the Planning & Zoning Board, and certainly Miami Shores is interested in the additional tax base abandonment would provide; however, this is a matter which should come as a determination from the Village Council first. Discussion followed, and Mr. Wiesen moved to approve the request for alleyway abandonment provided that all stipulations are adhered to, further that Mr. Militana return for final approval with all concrete information. Motion was seconded by Mr. Duffy, and carried unanimously. 7. PUBLIC HEARING - ALLOWING 8' FENCES ON PROPERTY CONTIGUOUS TO OR ACROSS AN ALLEY FROM A PUBLIC PARK Dr. John Kathe, 9839 N. E. 13th Ave, stated he is .a neighbor and feels a proposed 8' wall will enhance the property in this area, rather than detract from. His decision based on the unsavory happenings in the Park. Henry Everett, 9650 No. Bayshore Drive, is a neighbor directly to the south of the proposed request for a 8' wall. There is an existing 5' wall, and he feels if additional privacy or protection. is needed it could be. accomplished with landscaping. A 8' wall wouldhinder his view of the Bay Park area. Mr. Everett further feels, there are other means to handle the problem, that is by landscaping and by increased police surveilance. Fran Everett, agreed with all Mr. Henry Everett said, and further :that what happens on the Aldrich side property, happens in her front yard. Also Mrs. Everett feels that police might be requested to monitor the area more regularly. Dr. Alddrich, 9701 N. E. 13th Ave., noted that in carefully studying his needs, feels a 6' wall will sufficiently fill his needs. He would request a variance for this 6' wall in masonry and landscaping rather than have the Ordinance changed. Dr. Aldrich_ explained, he feels the landscaping in itself is insufficient security & privacy. PLANNING & ZONING BOARD -4- 4/11/85 Mr. Aldrich's brother stated, he is a resident of Miami Shores, and is appearing on his brothers' behalf, to support the 8' wall for the reasons of privacy and security. Mr. Stobs advised that this is a public hearing and not being heard as a request for a variance. The problem is that, Dr. Aldrich does not live in an isolated incidence, there are other properties in Miami Shores which are adjacent to a park and we have never had a request of this nature before. Further, Mr. Stobs could appreciate Dr. Aldrich concern about people assemblingin the park, but all existing conditions of the property were known at the time of purchase. Much discussion followed. Mr. Rossi feels there is no need to change the Ordinance for property in this category, because of the limited numbers involved. There seems to be a policing problem rather than a problem of privacy and security. There is already a 5' wall and he suggested landscaping on both sides of the wall. Mr. Duffy, sympathized with Dr. Aldrich position and alluded to the dog run inside the wall which he mentioned at the request for variance meeting. He also feels other solutions might be security lights, and warning signs. Mr. Stobs stated that he feels once the house is occupied and activity abounds, plus additional landscaping, a part of the problem will dis- appear. Further that the Village should maintain the property as a public park. If the police cannot maintain order it should be brought to the attention of the Village Council. Mr. Wiesen concurred with the other Members, and moved to keep the Ordinance as it is written, without change, seconded by Mr. Duffy, and carried unanimously. Mr. Stobs advised Dr. Aldrich, the Council will act on his request for a variance, on Tuesday, April 1.6. It will automatically be removed from the table for discussion and action. 8. AMENDMENT TO SEC. 504 (b) (2) Each Member of the Board received a copy of the proposed amendment, which was discussed. Mrs. Betty Lasch, of Miami Shores Realty, stated that she was not able to attend the public hearing, concerning this matter and wished to say something. She noted that she is not in favor of eliminating the Real Estate "For Sale" signs but would be in favor of regulating. Further discussion by the Board ensued, and two made to the rough draft. Mr. Wiesen moved to approve the rough draft, as Mr. Rossi, and carried unanimously. small changes were amended, seconded by • • PLANNING & ZONING BOARD -5- 4/11/85 form Mr. LuBien advised thelBoard that he will have this Amendment completed in OrdinanceAfor the Council meeting on May 7th, for the first reading, the second reading will also be in May. Mr. Stobs noted that, he would like to see the new Ordinance implemented by July 1. Discussion took place concerning notification of Real Estate people doing business in the area. A suggestion was made to send a letter to the Board of Realtors informing them of the changes. The meeting adjourned at 9:40 p.m. cr tary