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04-23-1987 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING APRIL 23, 1987 The Miami Shores Village Planning & Zoning Board meeting was held on April 23, 1987, at the Miami Shores Village Hall, Chairman Stobs called the meeting to order at 7:30 P.M., with the following members present: J. Robert Stobs, [1, Chairman Thomas Laubenthal Larry T. McClure Robert J. Rossi Absent: Patrick L. Duffy Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - April 9, 1987 The minutes of the meeting of April 9, 1987 were approved, as written, by a motion made by Mr. Rossi, seconded by Mr. McClure, and passed by unanimous vote. 1A. REQUEST FOR APPROVAL OF 50' LOT FOR CONSTRUCTION ELIZABETH TOTO 10605 N. E. 2nd AVE. Mr. LuBien stated that, as directed by the Board a memo was sent to Mr. Fann, Village Attorney, requesting an opinion concerning the matter. Mr. Fann researched .it very carefully and referred him to Sec. 404 of the Village Code, which he read in its' entirety. This Ordinance was adopted August 15, 1978. In clarifying this Mr. LuBien further stated that this matter concerns 125' of property-, 50' of which is a separate platted lot, which was at the time of passage of this Ordinance owned by one owner. Therefore, it is the opinion of the Attorney that this lot cannot be sold off as an individual parcel, or built upon. Mrs. Toto noted the property was purchased at different times, they are two separate parcels, and she cannot understand why she must now combine the two. She feels very strongly the Board is not being fair with her. Mr. Stobs explained to her that she has built a pool, adding improvement to the property, making it a parcel of the original. Mr. Paul Barese, Mrs. Toto's brother-in-law strongly opposed the interpre- tation of the Ordinance, stating that this is an arbitrary law. Much discussion continued concerning grandfather law and 50' lots originally platted in Miami Shores. Also the original intention to build on the lot. Mr. LuBien advised Members that this Ordinance came into being in 1978 specifically to address the problem of the 50' lot. At the time this Ordinance was written it was already in law that the minimum size lot upon which you could build or improve was 75', the fact that a 50' lot was purchased and a swimming .pool put on it this was contigueous to the exist- ing 75' and the 50' lot was not grandfathered in for any particular consider- ation. The 125' lot remains one parcel. PLANNING & ZONING BOARD -2- 4/23/87 Following further discussion, Mr. Laubenthal moved, the request to make use of the 50' lot as buildable be denied, seconded by Mr. McClure, and passed unanimously. Mr. Stobs instructed Mrs. Toto that she has the right to appeal her re- quest to Council. She must express her wish to Mr. LuBien in writing. 2. REQUEST FOR APPROVAL OF PLANS FOR FLAT ROOF ADDITION ROBERT FRIX 270 N. E. 92nd ST. Members received in their packets a site plan showing the addition and floor plan. Mr. LuBien presented a complete set of plans for Members to review, indicating that all the specifications comply with the Codes. Further, the 249 sq ft addition is less than the 15% flat roof area requirement. Mr. Nunn, architect of Jackson & Nunn, explained the exterior door from the bedroom is there fox convenient'laccess to the patio, and a safety exit in case of fire. Mr. McClure moved to approve the flat roof addition as presented, seconded by Mr. Laubenthal, and passed by unanimous vote. 3. REQUEST FOR APPROVAL OF PLANS FOR WOOD DECK JIM WIBORG 1441 N. E. 103rd ST. Mr. LuBien informed the Board that being unaware of the provisions of the Code, Mr. Wiborg began construction of this deck without a permit. Upon being advised that he needs plans and a permit, he immediately replied with the plans and an updated survey. The problem is that the present deck as constructed encroaches beyond the property line. Immediately in back of the property is a 711' dedicated alley; on the other side there is 71/2' of undedicated space which is being used by the property owner. Mr. Stobs advised Mr. Wiborg, he is not aware how many properties east or west of him have the same situation; nor does he know the history behind the 712' being platted this way. Further he advised Mr. Wiborg, what he needs to do is make a request to Miami Shores Village to vacate the property; thereby establishing a new property line for himself. Also Mr. Stobs stated that he is not sure if there is any problem from the Village standpoint. As the situation now exists for Mr. Wiborg to build with the present property line, he would be requesting a variance of in excess of 5' since a 5' set back is required. Following much discussion concerning the process of vacating, and alternate actions, Mr, Wiborg decided to withdraw his request and make an appeal to the Village to vacate the property. Mr. LuBien will contact the Village Attorney concerning procedure. PLANNING & ZONING BOARD -3- 4/23/87 4. REQUEST FOR APPROVAL OF PLANS FOR FRAME ADDITION JANET BERMAN 9301 N. E. 9th PL. In their packets Members received a site plan with a sketch of the proposed 761 sq. ft. addition. Mr. LuBien advised the Board that this is an old homestead. The existing building is non -conforming (Sec. 524), Wood frame construction is not permitted (Schedule of Regulations & Sec 225). The request is for an addition of similar type construction which would make it non -conforming also. He did advise the applicant that under the circumstance, it has been the policy of the Board to require CBS construction, and faced with material to harmonize with the existing structure. Dr. Berman stated that he originally bought the property about 12 years ago, he fell in love with the house, the one acre of land and the history. He has taken much pride in the house its' maintenance, remodeling and restoration of the interior. He is ready to work on the exterior, and is requesting. the variance because he does want the addition to be of wood as the existing house in order to maintain the integrity. The house has charm and is a jewel and he wants it to remain so. Much discussion continued concerning quality of wood being used today as opposed to the Dade County pine in the original house; the Board's direc- tive to be constitent and uphold integrity and harmony. Mr. Stobs advised that the structure is non conforming; in recognition of a structure of this nature a compromise can be met to use CBS walls with wood siding, and roof matching the existing structure. The wood siding being a variance in itself. Mr. McClure noted that he had researched history of the house in "Biscayne Country" a book written by Thelma Peters. He agreed, he has no objection to the addition with wood siding, but feels the Board is bound by the rules set forth. Dr. Berman agreed that he will compromise and abide by Members directive. after further discussion, Mr. Rossi moved to approve the requested addi- tion, subject to the house being a CBS structure, using wood siding, with the roof matching, making it harmonious to the existing structure. Motion was seconded by Mr. Laubenthal, and passed unanimously. Dr. & Mrs. Berman were advised that this item will be reviewed by Council at their next regular meeting on May 5. Mr. Stobs excused himself to avoid a possible conflict of interest in the next case. Mr. Rossi took the gavel. PLANNING & ZONING BOARD -4- 5. REQUEST FOR APPROVAL OF REROOF WITH FIBERGLASS SHINGLES BARNET BANK 9190 BISCAYNE BLVD. 4/23/87 Mr. LuBien noted this request requires a variance to Sec. 225, Appendix A. The request is for shingles to match the roof on drive-thru structure. Mr. C. K. McHenry stated, the existing roof is asphalt tile built in 1962. The roof desperately needs replacing and he submitted a letter and calcu- lations by an architectural engineer, noting that the use of concrete tiles cannot be used without reinforcing approximately 65% of the existing roof system. Mr. Rossi observed that the letter does not show the raised Engineer Seal, and this is necessary. Mr. McClure moved to approve the request, subject to submittal of a letter with the Seal to verify that this inspection and calculations were done by an architectural engineer. Motion was seconded by Mr. Laubenthal, and passed, unanimously. Mr. McHenry was advised the request needs to be approved by Council at the next meeting, Tuesday, May 5, 7:30 P.M.. A letter with the Seal visible must be given to Mr. LuBien before that meeting. Mr. Stobs returned to his chair. Mr. LuBien requested opinion from the Board on two questions. 1. On Biscayne Blvd., west side, between 95th & 96th St. On the corner of 96th street was built a two story building, and the owner has since added a pool, screen enclosure and wood fence. At the other end of the block is a similar structure, these lots beinga peculiar shape. The owner of the house on 95th St. & Biscayne Blvd. wants to build a swimming pool on the adjoining lot, Is it necessary to require that the owner have a unity of title? The unanimous consensus was, Yes. Especially in light of the problems with the first case this evening. Question #2, is one which has come up before. In the masonry ordinance, where trellis is listed, it stipulates that plans must be drawn by a registered architect. Is a Landscape Architect acceptable? He was advised that a Landscape Architect registered with the State is qualified to design a small non habitable structure. Mr. LuBien felt he needed this opinion because the trellis in question is On the front of the building with the required 25' set back. All code requirements are being met. PLANNING & ZONING BOARD. -5- 4/23/87 Mr. Forney was unable to be present, because of his committment to attend a School Board meeting, He wished to convey to Members of the Planning & Zoning Board his gratitude for all their efforts during his tenure as Village Manager. There being no further business to come before the Board, the meeting adjourned at 8:50 P.M. •