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11-12-1987 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING November 12, 1987 The Miami Shores Village Planning & Zoning Board regular meeting was held on November 12, 1987, at the Miami Shores Village Hall, The meeting was called to order by Chairman Rossi, at 7:30 P.M., with the following members present: Robert J. Rossi, Chairman Terrell F. Chambers, Jr. Richard M. Fernandez Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning Mr. Rossi extended.a welcome to the two new Members of the Board, Terrell F. Chambers, Jr. and Richard M. Fernandez. He expressed the wish that they enjoy serving, and that their deliberations and decisions. will benefit the Miami Shores Village. 1. MINUTES - November 12, 1987 The minutes of the meeting of October 22, 1987 were approved, as written, by a motion made by Mr. Laubenthal, seconded by Mr. McClure, and passed. 2. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE ALEX RAMIREZ 1200 N. E. 96th ST. Mr. LuBien advised Members that Mr. Ramirez is requesting to convert the garage to a family room. Included in Members' packet was a site plan. The North elevation, indicating the enclosure with 8" X 8" glass blocks. A floor plan showing the only means of ingress and egress is a door to the kitchen area. Mr. Ramirez replied to questions, the asphalt approach will be cut back, and a planter will b_. placed in front of the glass blocks. Mr. Rossi advised Mr. Ramirez, the Board is charged with scrutinizing garage enclosures, to be sure it will not be changed to living facilities or change the single family character. Mr. McClure moved to approve the request, as submitted, seconded by Mr. Laubenthal, and passed unanimously. 3. REQUEST FOR APPROVAL OF EXISTING ABOVE GROUND POOL DECK LAVERRIERE SILVEY 32 N. W. 93rd ST. Mr. LuBien noted that this violation was observed as a result of another complaint. The pool and deck area is well maintained, and not visible from the street. The problem is with the above ground pool, which is not allowed, and is non conforming, in that it is not within the required set backs. Members reviewed photographs from Mr. Silvey's file. He stated the pool was installed in December 1985, the liner can be changed, and it is very well maintained. The architect drew the plans for the Boards review, and he was primarily interested in showing compliance with the South Florida Building Code. PLANNING & ZONING BOARD -2- 11/12/87 Discussion ensued, concerning the encasement of the pool by the deck, thereby making it a permanent structure. Mr. Rossi advised Mr. Silvey, it does not meet any of the four criteria required for a variance. Mr. McClure moved to deny the request, stating he has no problem with the deck but the above ground pool is a violation. Motion was seconded by Mr. Fernandez, and passed unanimously. 1111 Mr. Silvey was advised of his right of appeal to Council, but request must be made to Mr. LuBien by noon tomorrow. 4. REQUEST FOR APPROVAL OF NEW USE CONEE INC. 9703 N. E. 2nd AVE. Mr. LuBien introduced this request for a new use, which might be classed under the umbrella of Studio. It is expected it is the only operation of its' kind in South Florida. It is a exercise program for children under the age of four years, and a parent must be present. Mrs. Connie Gowdy was unable to attend the meeting. Mr. Gowdy, represented her, and informed Members, this is a Franchise Program. It is basically a jazzercise program fox children. It is not governed by the HRS, or other State Licensing Agency. The concept has been written up in Newsweek, and several other publications. In response to query, Mr. Gowdy further stated, there will not be .any sale of equipment, there are approximately four classes per day, each lasting about 45 minutes, and twelve children per class. Once the parents become acquainted with each other, they car pool so that no traffic problem will be created. Mr. LuBien mentioned that the Board address the sign issue also. The sign configuration was included in the packet. He was advised that all limita- tions regard the sign must be according to Code. Mr. Rossi recognized Mr. Eugene Gold, Project Manager .for the Downtown Revitalization Board, who indicated, in representing the Board, that all Members are highly in favor of the Program. Mr. McClure moved to approve the request, seconded by Mr. Laubenthal, and passed by unanimous vote. Mr. Gowdy -was advisedthat the request must also be approved.by Council at their next meeting, Tuesday, November 17, 1987. 5. DISCUSSION - HISTORIC PRESERVATION - CODE AMENDMENTS Members received for review a copy of the proposed amendments to the Code of Ordinance written by Councilwoman, Marty Stofik. Also included was a copy of the Secretary of Interior's Standards. Mr. Rossi summarized, in response to Mr. Fernandez how this request for change and. discussion came about. He also called on Mr. O'Connor, whose home is a Historic L.andmark,.to.,brief Members on the procedure of designation. Mr. O'Connor noted the subsequent owner is bound by the Covenant signed by .a previous owner. PLANNING & ZONING BOARD Much discussion continued. -3- 11/12/87 Mr. Rossi indicated the Planning & Zoning Board has always been very sympathic to Historic Preservation, and cited examples where the Board has worked out potential problems. Planning & Zoning is very careful that all deliberations comply with the building. Code of Ordinance. The strength of the Ordinance must be maintained. Mrs. Stofik apparently feels that some code requirements axe not liberal enough for Historic Sites. He further noted, he reviewed each item on the list and finds nothing really new. Mr. Laubenthal stated, he feels each case should be decided on its' own merits. Just ss workman arc not always traditional, certain materials traditional.. An Ordinance cannot be written to regulate Historic Sites only. Much of what was considered traditional in materials or workmanship is no longer traditional or available today, & for this reason does not always allow Mr. LuBien commented, some items are contrary to Code. Adding credence, duplica- that each case is different. In his study of the proposed amendments the tion. strongest language he finds is under Chapter 12, which he finds contrary to the Code. Discussion continued. Mr. Fernandez commented that, though he is not aware of past history, and other specifics, it seems this is creating a parallel to Planning and Zoning, since items must be referred back to Historic Preservation Board, which subsequently has created a separate class. This would appear to be contrary to what the Planning & Zoning Board be. should Mr. LuBien noted, it has always been this way, with the Historic Preserva- tion Board signing Certificate of Appropriateness for all work done on a Historic Landmark. Mr. Rossi felt a letter should be addressed to Council, reinforcing the position of the Planning & Zoning Board to comply withinoour Ordinance, and whenever possible be sympathic to Historic Preservation. Following further discussion, Mr. McClure moved that Mr. Rossi write a letter to the Village Council, attention Marty Stofik, for the. purpose of inviting the Members of the Historic Preservation Board to the next Planning and Zoning Board meeting to discuss, • in detail any problems that might exist with the Code of Ordinances. Mr. Chambers seconded the motion, which passed by unanimous vote. • 6. DISCUSSION - MODIFIED RESIDENTIAL USE DISTRICT There was much discussion concerning this agenda item. It has come to Planning & Zoning from a Village Council agenda item. Members received copies of the proposed change in zoning on N. E. 2nd Ave from 91st St. to 94th St.. Some residents of Miami Shores were present and provided some input, however much work lies ahead before a final decision is made. PLANNING & ZONING BOARD -4- 11/12/87 Mr. Rossi Advised Members that this item addresses .a new zone identified as (MR) Modified Residential Use District. He prefaced discussion by pointing out that there is nothing in Ordinance form at this time, this is the first discussion by the Planning & Zoning Board, and Public Hearing date needs to be set. Proper procedure will be followed. Comments from Members followed: Mr. Fernandez stated that he had studied the issue and feels some basic questions need to be answered. First, the need to extend the area to Modified Residential, there appears to be enough business space already ,. available. Second, the change of character Is -involved withlthe neighbor -d hoods to be affected, and lastely, the aesthetics, primarily the number of cars and traffic generated and the parking problem. Mr. Fernandez feels these are three prime areas which must be focused'on in discussion. Mr. McClure commented that twice in the past two years the Board looked at this question, and both times the Board could see no need for a change, so this is not a new issue coming before the Board. He further agreed with Mr. Fernandez that the items must be looked at very, very carefully. Mr. Laubenthal noted, this particular section of Miami Shores is unique to the other areas, and those who are requesting the change are looking to limiting themselves exculsively to N. E. 2nd Ave. Guidelines for further development must be considered for harmony. What is truly unique is that there are several home offices now in the area. This Board must give full consideration to any request brought before it to determine if it is or is not compatible with the area. Mr. McIntosh, a resident of the area, commented that his question directly addresses the existing use - a residential office must not occupy more than 20% of the space. for office use, and further restricts employees. Mr. Rossi advised him that if this is the case it is a Code Enforcement issue, and he should speak with the Inspector. Mr. Rossi commented the direct impact would be to the residents surrounding the zone. Parking is .a major issue to be studied. The character of Miami Shores is residential, and there are vacancies presently on N. E. 2nd Ave. in the prime business area, adding more property for business or commercial use may not be the answer to improve Downtown Reviatalization. However, since this is a request from Village Council, it must be addressed throughly at Public Hearing. Planning & Zoning will make a recommendation to either put in Ordinance form, deny or pass and then it will go back to Council. For the Public Hearing all property owners within a 500' radius must be notified by certified mail. Further it will be advertised for the benefit of any others who may be interested. Following discussion it was agreed that the Public Hearing date would be set for January 14 1988 or automatically the 28th day of January if the 14th is not time enough to prepare,. • Mr. Rossi requested and Members con- curred that the notice be advertised as a change of zoning to "Modified Residential/Professional Office". PLANNING & ZONING BOARD -5- 11/12/87 Though this was not a Public Hearing, Mr. Rossi, as a courtesy did permit some= comments. Marcus Ambrose, 234 N. E. 92nd St, commented that to characterize the change to Modified Residential is not reality. Of major concern to him.will be the aesthetics, parking problems, and extending an already declining area. This Change will not improve Miami Shores, Mr, Joe Dugoni, 166 N. E. 92 St., docs not feel the restricted business use will hurt his property. He does not object to the change in zoning. Mr. Fred Astor, a realtor feels that he ca&:t picture anyone wanting to live in a single family house in this area. He feels rezoning to permit strict professional use will not impact the area. An open minded approac4 is needed. Mr. McIntosh, Mr. Astor was speaking from a Realtor's viewpoint and not from the view and experience of a property owner. It had been recommended for changes before and turned down. Mr. Rossi again assured all that the Public Hearing date will be posted and published and other comments will be heard at that time. 7. REQUEST FOR READING -FROM PLANNING & ZONING BOARD REGARDING WALL KEVIN O'CONNOR 357 N. E. 92nd St. Mr. McClure made a motion to amend the agenda to hear this case, seconded by Mr. Fernandez, and passed. Mr. Laubenthal, Landscape Architect working with Mr. O'Connor presented the case. He showed via drawings, the problem being faced, concerning the irregularity of a wall surrounding the property. Mr. O'Connor is requesting the Board to allow for continuation of a new wall along rear property line to matchheight of existing wall which is 5' high. This wall was built to comply with the Code, however the slightly varied grade across the yard has created a discrepency. This is a Historic registered home and to be in keep+,1. ing with the arhitectural style of the house, as with all the other addition and remodeling, this request is being made. A great deal of discussion occured concerning, this issue. Mr. O'Connor advised Members he wants a reading without the variance request. Following much continued discussion, the favor of the Board to advise the Zoning Members reviewed the request, granted. All:Members concurred with Mr. Rossi agreed that it seems to be Building Official that Planning and it is harmonious, and the request be this recommendation. 8. THANKSGIVING DAY AND CHRISTMAS. EVE SCHEDULED. MEETING DATES Mr. LuBien.noting that nothing has comein for the next meeting and recommended the meetings be cancelled rather than rescheduled. Mr. Fernandez moved to cancel the meeting of November 26, Thanksgiving Day and the meeting of December 24, Christmas Eve, seconded by Mr. McClure, and passed unanimously. • • PLANNING & ZONING BOARD -6- The meeting adjourned at 9:45 P.M. 11/12/87