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06-27-1985 Regular MeetingPUBLIC HEARING - MIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING JUNE 27, 1985 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on June 27, 1985, at the Miami Shores Village Hall. Mr. Stobs called the meeting to order at 7:30 p.m., with the following members present: J. Robert Stobs, II, Chairman Patrick Duffy Thomas Laubenthal Robert J. Rossi J. Leslie Wiesen Absent: None Also present: Frank J. LuBien, Director of Building & Zoning 1. MINUTES Minutes of the meeting of June 13, 1985 were approved, as written, by a motion made by Mr. Rossi, seconded by Mr. Laubenthal, and carried unanimously. 2. REQUEST FOR APPROVAL OF PLANS FOR ADDITIONS JOHN MILITANA 8801 BISCAYNE BLVD. Mr. LuBien enclosed for Members review a site sketch, showing the existing building of 1,600 sq ft and proposed addition of 2,593 sq ft, also a complete set of plans and a sketch of the front elevation was provided. He indicated the eleven parking spaces required are provided, and the setbacks are according to the Code. Mr. LuBien also informed the Board, this is not buildable as is, until the applicant obtains title to the alley right of way. The previous request of Mr. Militana, for alley -way abandment was approved by Planning & Zoning Board and the Village Council. The Council must now issue a resolution of vacation. Mr. Militana stated, the Village Council.has approved his request for annexation of the alley -way. The resolution has not yet been prepared, and there seems to be some confusion as to who should execute same, Mr. Militana or Mr. Fann, Village Attorney. Mr. Militana agreed to prepare the resolution if it would expedite matters, further stating that he is anxious to proceed with building. Mr. Stobs noted, the decision today is to address plans for the addition in B-2 zone, pending issuance of the resolution. No variance is required, but addition must be approved by Council. Mr. Rossi noted that the addition shows a wood shingle mansart to match the existing building, which is not according to code. Following discussion, Mr. Militana agreed to change the new and the existing mansart to cement tile. PLANNING & ZONING BOARD MEETING -2- 6/27/85 Mr. Rossi moved to approve the plans based on the proper docu- mention for dedication of the alley -way, and the one change on the plans, that all mansart roof, new and existing be changed to cement tile. Motion was seconded by Mr. Wiesen and passed unanimously. 3. REQUEST FOR APPROVAL OF NON -CONFORMING PORCH ENCLOSURE LEO GRANDA 9326 N. E. 2nd CT. Mr. LuBien noted that he and the Code Enforcement inspector found this violation on a routine check. He included floor plan and photographs for members to review. Mr. Granda stated, he bought the house in December, the porch was enclosed when he purchased the property, and that he replaced deteriorated windows and material only. He further stated that he has been harassed concerning trash, clippings, etc. since the purchase. Members concurred with Mr. Stobs and Mr. Rossi's explanation to Mr. Granda, of procedure to obtain a permit for whatever work is to be done, and approval of materials used. Mr Rossi explained that the Ordinance gives us a standard to live by and we must maintain the integrity. Following further discussion, Mr. Wiesen moved to deny the request, seconded by Mr. Laubenthal, and passed unanimously. Mr. Stobs recommended Mr. LuBien contact. Mr. Granda and explain his right of appeal to the Village Council. 4. PUBLIC HEARING AMENDMENT TO CODE, LIMITING SIZE, NUMBER, LOCATION, CONSTRUCTION MATERIAL AND USE OF SIGNS IN R DISTRICTS Mr. Stobs, Chairman noted that the Planning & Zoning Board held a Public Hearing on this matter March 28, 1985. At that time the Real Estate Community turned out but there was little input from the residents of Miami Shores. The recommendation of the Planning & Zoning Board, with no change in size and color, was referred.to Council, who passed it on first reading, but sent it back to Planning & Zoning for review, at its second reading. Hence this Public Hearing. Mr. Stobs read a letter from the Real Estate Community with thein. recommendations. 4111 There was some discussion regarding the letter and the addition of the last sentence as recommended by the Code Enforcement Director. The Public Hearing was then opened forthose in attendance to address the issue. Mr. Russ Marchner, Political Consultant to the Real:Estate Action Council of Dade, stated the letter is the consensus of a meetiiig.of Real Estate Brokers in the area. PLANNING & ZONING BOARD MEETING. -3- 6/28/85 Mr. Ralph Bowen, stated that personally he would like to see Real Estate For Sale signs banned, since that is not legal he is opposed to change beyond the recommendations at the last Public Hearing. Mr. George Frix, noted that he is not in favor of a change, he voted with the Real,Estate Brokers at the above mentioned meeting, because he was under the impression that this recommendation was the lesser of the evils, that iso if we do not regulate ourselves the Council will do the job for us. Bonnie Poffenbarger, maintained that she speaks as a personal home- owner in Miami Shores. She is not in favor of a change, she has no problem with the 3 sq ft., the existing colors and the set back. Mr. Duffy pointed out that the set back can become an issue if the size of the sign is reduced. Harriet Gilbreath, Laura McCarthy Realty. Mrs. Gilbreath noted that, she had attended the Planning & Zoning Board Public Hearing and was in favor of their recommendations. She was surprised at the change of tone at the Council meeting and subsequent conversation and phone calls therefore) voted for the recommendations presented by the Real Estate Community. She is not in favor of a change. Councilman Butler noted this issue wasreturned to the Planning & Zoning Board in order to provide an opportunity for all people to be heard, which it was felt had not been through. Mr. Dick Lasch, agrees with the Ordinance as it was, and is not in favor of a change. Mrs. Betty Lasch, also agrees with the 1st Ordinance as it was, and is not in favor of a change. Peggy Hayward, of the Miami Shores Beautification Committee, is in favor of a smaller sign. She likes the signs used in Coral Gables and Bal Harbor. Betty Phoenix, feels that Coral Gables and Bal Harbor are prospering, with the smaller sign and feels Miami Shores can also. She speaks both as a resident and a broker in Miami Shores. Nedra Hodge, of Miami Shores Realty, feels the proposal of the realtors in the areawas a compromise and she can live with either recommendation. Charles. Chambers, attended the last Planning & Zoning Board Public Hearing and was pleased with their recommendation the Board made. Mrs. Chambers, speaking as a resident and Real Estate Associate, is in favor of the Ordinance as recommended by the Planning & Zoning Board. PLANNING & ZONING BOARD MEETING -4- 6/27/85 Mr. Edward Harrington, Miami Shores resident feels Coral Gables is a good city and has prospered with the smaller sign and there is no reason why Miami Shores cannot also. Mr. Harrington feels to allow Code Enforcement to remove the signs from private property is a violation of due process. Mr. Ralph Bowen, noted the Florida Law requires Realtors to display full designated name with phone number, etcon all signs, and to reduce sizeof signs would not allow space for-all.information as required. Mr. Rossi, expressed his views, stating first a reprimand to the Realtors, that they could not express their true feeling and would. allow themselves to be intimidated, thus presenting an alternate resolution. There was no input from the residents at the last Public Hearing nor at this one. He has heard the Realtors with their financial interests, and the Beautification Committee with their singular purpose, there has been no public outcry regarding the issue. To eliminate or reduce the size of the sign would_ create a hardship to the private homeowner who wishes to sell his own home. He is in favor of charging a $5.00 fee for Real Estate For Sale signs at which time all specifications could be outlined to the applicant. Undecided about color. Mr. Rossi likes the stipulations as presented to Council after the first Public Hearing. Discussion followed. Mr. Duffy, stated that Mr. Rossi expressed his sentiments very well. He feels the homeowner who wants to sell his own home needs protection. The Ordinance as now written should be enforced. He is in favor of returning the Ordinance to Council for approvaland then a review in six months. Mr. Duffy agrees that a permit and a one time fee could be beneficial so that the specifications could be clearly explained and understood by the applicant. Mr. Wiesen, concurred with Mr. Rossi and Mr. Duffy. He wants to go with the proposal from the Planning & Zoning Board which passed in its first reading before Council. He like the 3 sq ft sign and the various colors. Mr. Laubenthal, is in agreement with the other members of the Board. The size and scale and the orientation of the sign should be as previously stated. We should pursue the Ordinance as constructed at the previous Public Hearing. Mr. Stobs, favors the determination of the Board at the 1st Public Hearing. The Ordinance as written by the Planning & Zoning Board should be adopted. Mr. Wiesen moved to approve the Ordinance, agreeing to a 5 ft set- back and exclusion of the sentence relating to Code Enforcement. The motion died for lack of a second. Mr. Rossi moved to approve the Ordinance as passed on first reading by the Village Council, he does not want it rewritten. The motion was seconded by Mr. Wiesen, and passed 4-1 with Mr. Duffy abstaining. 4-0 PLANNING & ZONING BOARD MEETING -5- 6/27/85 A recommendation was made that a copy of the final Ordinance adopted be sent to Mr. Russ Marchner for announcement to the Real Estate Community. All present were in agreement that Miami Shores is the Village Beautiful and we will all work together to keep it so. 5. SET DATE FOR PUBLIC HEARING • AMENDMENT TO CODE REGULATING COMMERCIAL FILMING July 25, 1985 was set as the date for this Public Hearing. Meeting adjourned at 9:45 p.m. •