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01-28-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING January 28, 1988 The Miami. Shores Village Planning & Zoning Board regular meeting was held on January 28, 1988, at the Miami Shores Village Hall. The meeting was called toorder by Chairman Rossi, at 7:30 P.M., with the following members present: Robert J. Rossi, Chairman Richard M. Fernandez Thomas Laubenthal Larry T. McClure Absent: Terrell F, Chambers, Jr, was out of town. Also present: Frank LuBien, Director of Building & Zoning 1, - MINUTES- - January 141- 1988 Mr, McClure expressed appreciation to the Secretary on the great job done in writing the minutes for a difficult meeting. There was a correction. on Pg 1, last paragraph, sentence should read... no motion is necessary -because it -was --not a change of use, ..,Mr, McClure moved to approve the minutes as corrected, seconded by Mr. Fernandez, and passed unanimously. 2. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE R. Payne 93 N. W, 93rd St. Mr. Rossi explained for benefit of Mr, Payne that, his request must pass unanimously, because of only 3 Members present, (a quorum). Mr. LuBien indicated he has no problem with the request, except that the sketch submitted shows garage door lines, which will not be on completed enclosure, In reply to questions Martin Gold, representative from Team Leisure, the Contractor, indicated that the concrete slab will be raised, and the garage door will be -replaced with wall and awning windows to match the other windows in the house. The existing driveway will be scut back away from the garage, and replaced'with shrubbery. Mr. Fernandez moved to accept the request as approved. Mr, McClure offered an amendment to approvethe request, being sure the windows in question are consistent with other windows in the house. The amendment was accepted, seconded by Mr. McClure, and passed unanimously. Mr. Laubenthal arrived at this point. 3, DISCUSSION -PROPOSED AMENDMENT -TO VILLAGE CODE TO ASSIST HISTORIC PRESERVATION Included in Members'packets were a copy of Memo inviting each. Member of the Historic Preservation Board to this meeting, a copy of the Memo from Council- woman Stofik, with the Proposed Amendments to the Code of Ordinances for the protection of historically significant buildings, particularly non- conform-ing buildings. Also included was a copy of the Secretary of Interior Standards, and Guidelines, PLANNING .& ZONING BOARD -2- 1/28/88 Present for this discussion were Margo Newton and Hank Gaggstatter, representing the Historic Preservation Board. Mr. Rossi explained the purpose of discussion is to review the proposed Amendments and determine if, in fact, Planning and Zoning can adopt the requested changesd or how they can assist in Historic Preservation. He further explained that traditionally Planning & Zoning has been sympathic to and in favor of Historic Preservation, but does not want to weaken the Ordinance to allow privileged zoning or construction practices to prevail. Mr, Rossi also noted, he sees no great problem in Planning & Zoning decisions nor the need to write a special set of rules for these properties. Ms. Newton in her comments stated, the Historic Preservation Board is concerned with appropriateness of alterations and additions made to Historic Landmarks, She called attention to Secretary of Interior Guidelines recommendations pg 28, 29, and 32. Emphasis on retaining or replacing original material, wherever possible. New construction being compatible with existing neighborhood, Mr, McClure noted that on numerous occasions the actions of the Planning & Zoning Board, pertaining to a particular home have been questioned, yet the first question asked by the Board concerned whether or not the house, in question, is a -Historic Site, further indicating Members interest and sympathy to Historic Preservation, Mr. McClure further advised, he has a real concern with the proposed Amendments, some of which will completely change the meaning of some Ordinances. His suggestion was to add one paragraph to the zoning ordinances which would allow the Planning and Zoning Board to grant variances in case of Historic significance. There was much 'discussion concerning, a house being a Historic Landmark to obtain variance, site survey properties which may be significant, but should not have the same rights, Qualification for variances, The procedure for Certificate of Appropriateness and permit for Historic Landmarks. The pro- cedure for granting permits for houses listed on the Site Survey, and the possibility of the Planning & Zoning Board reviewing applications. Also the Members discussed Historic Landmarks as opposed to significant properties. Mr, Rossi's niin concern was weakening the Ordinance, but he was strongly in favor of adding a paragraph "E" to the present four criteria for obtaining a variance, He feels this could be a solution to the problem without directly attaching the Ordinance. Members also considered how this paragraph could be applied, since the four criteria must be met inoorder to qualify for a variance, Great care must be taken not to deny -use of the property, The need of definition statue, and possible use of the Secretary of Interior guidelines. Education of homeowners, and'suggestion for appropriate alternatives. Further discussion ensued relating to materials and harmony type items. Members concurred that they preferred to write an Ordinance at a scheduled workshop, PLANNING & ZONING BOARD -3- 1/28/88 Mr. McClure moved to schedule a workshop to add appropriate definitions to the definition section of the Ordinance, and -to write a paragraph to the variance Ordinance, Sec 702, that will allow granting of variance based on the Historic significance of a property. Motion was seconded by Mr. Laubenthal, and carried unanimously. Mr. LuBien commented especially for the benefit of Historic Preservation Board that, Members must be very careful in writing the Ordinance. Historic Preservation has an intent which must be transmitted to the Ordinance, or it will later be lost, The Workshop was then scheduled to be held an hour before the regular scheduled meeting on Thursday, February llth, at 6,30 P,L , Mr, Rossi explained the procedure, After the Ordinance is written, it is referred to the Village Attorney for refinement of language. It will then go to Public Hearing and then to Village Council, It will take a while, but it is a good beginning, 4, DISCUSSION COMMERCIAL USN -DISH ANTENNA IN B-1 & B=2 ZONES The Members were reminded by Mr. Rossi that this item was brought up at the last meeting, and placed on this agenda, because the Ordinance does not address Commercial use of dish antenna at all, an oversite when the Ordinance was written. Members received a copy of Sec 516(c) regulating dish antenna. Mr, McClure noted he is satisfied with the Ordinance as it relates to residences, but feels we must lean toward the roof mounted sattelite dish antenna in the commercial zones. The FCC has ruled they are allowed, and we cannot be too restrictive as to be challenged. Members raised questions concerning size, screening, color, and trans- mission characteristics of antenna on a roof. We are going to get requests; therefore we must be prepared. Also discussed was parking situation, and up link down link. Another important factor was the height of the building where antenna would be placed. Mr. Rossi requested that Mr. LuBien obtain a copy of the Coral Gables Ordinance, and as many as can be assembled from other Municipalities. Others have had these problems and we can learn from their solution. 5. Mr. Rossi briefed Members on the status of the rezoning issue, which was discussed extensively at the last Planning Board meeting and referred back to Village Council. It came up as the last item for discussion at the last Council meeting,,. He, Mr. Fernandez, and Mr. Chambers attended that meeting to be available should Council have any questions concerning Planning & Zoning Board decision. Following brief discussion, the matter died, 6, Concerning -the -Landscape Ordinance, Mr, Rossi explained that he has been approached again about :this item, He requested Mr, Laubenthal start work on the, proposal again. PLANNING & ZONING BOARD -4- 1/28/88 7. Attention was called to other materials in Members' packets; namely, a letter frojMrs, Stofik.to Elly Johnson, Village Manager, copy to Robert K. Swarthout, Inc., regarding the Comprehensive Plan, and Mr. Swarthout's reply, explaining this is a plan draft, and other factual information will be incorporated in a rev-ised plan draft, Before representing official policy there will be public hearings before the Planning Board and the Village Council. Phase II will begin soon. 8,. Each Member received a copy of the -States- response to the first submittal of the draft to the Comprehensive Plan from the State of Florida Department of Community Affairs. A copy was also sent to Mr, Swarthout, Mr, Rossi suggested this copy go into each Members' file on the Comprehensive Plan for review when it comes up again. There being no further business, the meeting adjourned at 9:15 P,M.. • Approv