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07-25-1985 Regular MeetingPUBLIC HEARING - MIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING JULY 25, 1985 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on July 25, 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 Robert J. Rossi J. Leslie Wiesen Absent: Thomas Laubenthal Also present: Frank J. LuBien, Director of.Building & Zoning L. R. Forney, Jr., Village Manager 1. MINUTES Mr. Duffy called attention to an error on pg. 4, last line, vote count should be 4-0. Mr. Wiesen moved to approve, as corrected, the minutes of the June 27, 1985 meeting, seconded by Mr. Duffy and carried unanimously. 2. RE UEST FOR APPROVAL OF PLANS FOR ADDITIONS OTHNEIL BLAKE 1098 N. E. 95th ST. Mr. LuBien noted this request requires a variance because of the proposed flat roof (with deck) addition, which is visible from the side street, and because the second floor addition has partial frame exterior walls. Mr. Stobs read from the Code the sections regulating such request, and further outlined the basis for hardship variance, for which there are no .basis in this this request. Members reviewed site plan, a sketch showing South elevation of the proposed changes and blueprints of the plans. Mr. Lou Annino and Mr. Leonard Feldman of Nova Construction, repre- senting the owner, Mr. Blake, outlined the prints and plans for the Board. Much discussion followed and Members offered alternate. suggestions and recommendations.. It was further discussed, the blueprints should not have been drawn up without reference to the code first. Mr. Stobs outlined the four criteria for hardship variance and further noted that an attempt should be made to comp-ly with the Ordinance, so as not to require a variance. Mr. Annino and Mr. Feldman then withdrew the request stating that, they will return to the drawing board and come up with alternate plans. PLANNING & ZONING BOARD MEETING -2- 7/25/85 3. REQUEST FOR APPROVAL OF PLANS FOR 5' CBS & IRON FENCE (FRONT YARD) STU GRAY 9820 BISCAYNE BLVD. A variance to Sec 518 of the Miami Shores Village Code of Ordinance is required. The maximum height allowed in front yard is 311'. Mr. LuBien noted that the peculiar and unusual situa- tion is that Mr. Gray's front yard faces Biscayne Blvd, and the side property lines are the rear property lines for adjoining neighbors. Members reviewed site survey and site plan indicating the area where the fence is proposed, and also sketches of the proposed fence. Mr. Gray presented sketches and photographs of the existing house and outlined his request. He also showed photographs of the neighbors fence and his ideas of what can be done. Mr. Gray noted he should be granted a hardship variance under sections A & D of the Ordinance. He further stated the wall is important for his wife's safety, as it is,she fears going into the front yard, because of the derelicts using the street. Much discussion followed. Mr. Rossi and Mr. Stobs feeling that to grant the request might weaken the ordinance and fail in consistency by -setting a precedent; further that the four criteria for hardship variance have not been met, though the peculiar and unusual situation.was agreed upon. Mr. Wiesen feeling, there is justification, moved to approve the request. Mr. Duffy noting the -unique and unusual configuration of lots on this block, offered an amendment to the motion to approve the request, conditional upon the applicant (Mr. Gray) obtaining written approval from the abutting property owners. The amendment was accepted by Mr. Wiesen and the motion failed by the following 2-2 vote: Mr. Wiesen Yes Mr. Duffy Yes Mr. Rossi No Mr. Stobs No Mr. Stobs advised Mr. Gray of his right of appeal to Council at the next meeting, Aug. 6th. Mr. Gray indicated that he will appeal. • PLANNING & ZONING BOARD MEETING -3- 7/25/85 4. PUBLIC HEARING - AMENDMENT TO CODE REGULATING COMMERCIAL FILMING Mr. Stobs opened the Public Hearing by reading the Legal Notice as it appeared in the Miami Herald, Sunday, July 21, 1985. He also read the title Ordinance amending Sec 19, of Chapter 13, of the Miami Shores Village Code of Ordinance, enlarging permitted uses of commercial filming. Members reviewed copies of the pro- posed amended Ordinance. Mr. Stobs stated this action to amend the schedule of regulations comes to Planning & Zoning Board as a request from Council, as a result of controversy around R Zone filming. There were no interested parties present to speak with regard to the Ordinance; however Mr. Stobs did state he had received mail from several area residents Apposing the filming as has been going on, with total disregard to the neighbors & neighborhood. Mr. Forney stated, this amended Ordinance comes as a resolution from the Village Council. It is not necessary to analyze each section, but a recommendation should be returned to Council either accepting as is, or not endorsing it. Discussion followed. It is the consensus of the Members that commercial ventures not be allowed in R district, in Miami Shores Village. In reply to Mr. Rossi's query on the lack of Public outcry this evening, Mr. Forney noted the Council has had three Public Hearings and has heard extensively from both sides. Following further discussion and in accordance with the resolution from Council, Mr. Rossi moved the proposed amended Ordinance not be adopted by the Planning & Zoning Board, on the basis that, to allow commercial venture in a residential zone would violate the integrity of Miami Shores Village, and because filming is now permitted in B-1, B-2, C & 0 districts. The Ordinance will be returned to the Village Council' for their further action. The motion was seconded by Mr. Wiesen and carried unanimously. The meeting adjourned at 9:35 p.m..