10-23-1986 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD MEETING
OCTOBER 23, 1986
A regular meeting of the Miami Shores Village Planning & Zoning Board
was held on October 23, 1986, at the Miami Shores Village Hall. The meeting
was called to order by Chairman Stobs at 7:30 P.M.,.with the following Members
present:
J. Robert Stobs, II, Chairman
Patrick L. Duffy
Thomas Laubenthal
Larry T. McClure
Robert J. Rossi
Also present: Frank LuBien, Director of Building & Zoning
1. MINUTES
There were two corrections to the minutes of the September 25th meeting.
In the first paragraph Thomas Laubenthal made the motion to approve the
minutes of Sept. 11, 1986. In the last paragraph Mr. Laubenthal recommend-
ed Mr. Rossi moved to approve the minutes of September 25, 1986, as
corrected, seconded by Mr. Laubenthal and passed unanimously.
2. REQUEST FOR APPROVAL OF DIVISION OF LAND WITHOUT PLAT
ROBERT A. KOPPEN
Lots 13, 14, & 15 Blk 55, Miami Shores Sec 2
Mr. LuBien presented a set of plans for the Board's review, he described
and explained the changes to be made. A portion of the existing structure
will have to be removed to abide by (within 3/10 of a ft.> the set back
requirement.
Christine M. Moreno, Atty. was present to represent Robert Koppen, and to
answer questions. She stated that the entire one story addition will be
removed, and the new windows and wall will be in place.
Discussion followed concerning the legality of the property line, any
interior alterations to the house, the purpose of the one story CBS
accessory building in the rear. The changes, subject to meeting the same
harmonious architectural standards of Miami Shores and the existing house
will be upheld.
Mr. Laubenthal moved to approve the request for division of land without
plat as submitted, subject to harmony standards being upheld. Motion was
seconded by Mr. Rossi.
Mr. McClure requested that the motion be more clearly defined.
Mr. Laubenthal then restated the motion: To accept the division of land
without plat into two 75' wide lots, including the commitment to remove
the single story addition as well as the patio, allowing the house line
to retreat to within .3' encroachment of the 10' side yard set back, and
parallel to the existing structure. Further that the CBS single story
accessory structure on the otherwise vacant second lot be allowed to
remain at this time. The motion carried unanimously.
Ms. Morino was advised that this request will be considered by Council
at their meeting on November 4th.
PLANNING & ZONING BOARD MEETING -2- 10/23/86
3. REQUEST FOR GARAGE ENCLOSURE
Howard Rich
10658 N. E. 10th Ct.
Members reviewed prints for this request. Mr. LuBien noted it is a
simple enclosure, but the plans are somewhat complex, but thorough.
Mr. Rich noted the enclosure is for the purpose of creating a storage
1111 room, also he is willing to cut back the driveway ribbons and landscape.
Following brief discussion, Mr. McClure moved to grant the request as
submitted, seconded by Mr. Rossi, and passed unanimously.
Mr. Rich was commended for supplying so .complete a set of drawings.
4. Memo from Mr.. Forney, Village Manager, concerning. attendance at meetings
Resolution adopted by Council 10/21/86, was reviewed by Members.
5. A letter regarding the Charter Amendment on the November 4th ballot t4dhhich
affects Miami Shores residents was also called to Member's attention,
they were urged to vote "Yes".
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6. AMENDMENTTTO. SEC 523' of APPENDIX A.
Mx. LuBien read several memos from Mr. Forney outlining the need for a
Color Ordinance in Miami Shores. Mr. LuBien wrote an Ordinance amending
Section 523 of Appendix A.
Members reviewed this Ordinance and discussed it at length.
Mr. Stobs questioned the need for such an ordinance considering that there
is a harmony clause already in place. To which Mr. LuBien responded with
current examples of apparent flagrant violations of the harmony clause
where color is involved. He felt there is a real need for such an ordinance
from a code enforcement standpoint.
Members had many questions concerning what an amended ordinance could
accomplish. Is the harmony clause too vague to pursue from a code enforce-
ment point? If no permit is issued, there is no control. Colors can be
subject to review, but not forbidden.
Mr. Stobs noted that in the case of new construction a color scheme of
house and roof could be requested, in addition to the plans, also color
swatch could be requested on permit application; otherwise specific colors
would have to be dictated. Such an ordinance could lead to an Architectural
Review Board. He is not in favor of an ordinance.
Mr. Rossi felt that color is a personal taste and difficult to legislate.
He did not feel it the duty of the Planning and Zoning Board to legislate
colors, but the job of an. Architectural Review Board. Further, Mr. Rossi
is in favor of a request for color swatch be included on the permit application.
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PLANNING & ZONING BOARD
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Mr. Duffy stated he is not enthused about the issue. Presumably an
ordinance can be written legislating that a black & white house is ok.
It would be difficult to dictate color and its harmonious effect. He
felt that to see a sample of colors on new construction could be considered.
Mr. Laubenthal sympathized in particular with the situation that Code
Enforcement needs this tool to regulate an item not clearly defined.
He is not convinced that not having an ordinance or some strong stated
reference other than a form stating definite color gives direction or
limitation as to define harmony. He concurred that the permit application
form could include a choice of colors permitted, and handled administra-
tively through the application.
Mr. McClure felt that since this Board is qualified to judge most items as
to harmony, they are certainly qualified to judge color harmony. For a
person to declare the use of the color pink means nothing without a
sample of the color being submitted at the time an application is applied
for. He further recommended that an insertion of the words 'including
exterior color' in the existing Ordinance without rewriting the whole
Ordinance. i.e. 'All buildings Shall be generally harmonious in character
and appearance "including exterior color" with existing buildings in the
neighborhood
The final unanimous decision of the Members was torecommend to the
Administration insertion,}in Section 523 Appendix A of the words, including
exterior color, andthe addition of a color clause on the permit application.
Mr. LuBien will relate this recommendation to Mr. Forney and Mr. Fann.
There being no further business to come before the Board, the meeting adjourned
at 8:45 P.M.