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04-14-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING April 14, 1988 The Miami Shores Village Planning & Zoning Board convened on April 14, 1988, at the Miami Shores Village Hall, at 7:40 P.M.. Chairman Rossi called the meeting to order 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 1. MINUTES - March 23, 1988 Clarification as suggested by Mr. Fernandez, was made to statement on Pg 5, paragraph 2, the expressions of a personal nature came from those attending the meeting. Same page, paragraph 3, the personal attacks made by some of the public during the Public Hearing. Motion was made by Mr. Fernandez to approve the minutes of March 23, 1988, as amended, seconded by Mr. Laubenthal, and passed by unanimous vote. 2. REQUEST FOR APPROVAL OF NEW USE THOMAS QUARTIANO. 8871 BISCAYNE BLVD. Mr. LuBien noted that the applicant wishes to service and repair cash registers. The request needs Planning & Zoning Board approval, as there is no provision for service establishment in the Schedule of Regulations. Mr. Thomas Quartiano stated that he will be repairing cash registers, servicing small business machines with a minimum of retail sales. Tools used in repair are primarily small tools. Mr. Fernandez stated that Evelyn Quartiano, the applicants wife works in his office, therefore he will abstain from discussion and voting. In response to query from Mr. Rossi, Mr. LuBien noted the property was occupied by a travel agency, but is vacant at this time. Mr. Laubenthal suggested this is a clean business or like in kind to the adjacent property and that it would be virtually impossible to list every per- mitted use. Following was a brief discussion that a TV repair business had been approved previously, also this does not require a variance. Mr. McClure moved to approve the use as requested, seconded by Mr. Laubenthal, and carried by a vote of 4-1, with Mr. Fernandez abstaining. It was determined, this item does not need Council approval. PLANNING &-ZONING BOARD ^2- 4/14/88 3. REQUEST FOR APPROVAL OF HOUSE COLOR Leon Rolle 590 N. E. 96th St. Mr. LuBien advised Members that this house is already painted. He brings it before the Board for approval because it is not a typical color for a house of colonial architecture. • Members agreed, the color is not objectionable, but not a color normally used on a house of colonial architecture. Mr. McClure moved to approve the house color, seconded by Mr. Laubenthal, and passed unanimously. As a footnote - Mr. Rossi advised the Board that he has acquired additional information concerning the matter of house color, and will follow through on a Color Ordinance, as instructed. 4. REQUEST FOR APPROVAL: OF DELETING MASONRY WALL FROM PARKING LOT DR. J. EDMISTON 9526 N. E. 2nd AVE. In response to query, Mr. Rossi was advised that Dr. Edmiston was notified of this meeting. Neither he nor a representative were present. Mr. LuBien explained that Dr. Edmiston is opposed to the wall because of fear of patient muggings in his parking lot. The wall is required by Ordinance #285, a copy included in Members packet. Further, he noted that it is the opinion of the Village Attorney, Mr. Fann that the Ordinance is valid even though it is not in the Code Book. The reason for this being, it was never sent to the Co. to be included in the Book. Mr. LuBien gave a copy to the Deputy Clerk with instructions to send it in. Mr. Rossi reiterated, the plans show a masonry wall, and the Board has been consistent in requiring a wall be installed and maintained when business or office is adjacent to residential property. Also he has had conversation with Dr. Edmiston who indicated he would be happy to build the wall. Mr. McClure made a motion to deny the request, seconded by Mr. Fernandez, and passed unanimously. Mr. Chambers clarified that this wall will be a solid masonry wall, finished on both sides. Mr. Steven Johnson, the new owner of the adjacent property commented to the Board that he feared deadline for occupancy of the offices is drawing near, he has flown in from Georgia for this hearing, though he has not yet moved into the house. Once he moves in, it is their intention to build a fence across the rear and side, cut down the ficus trees and install fruit trees. He is concerned also with all the building materials thrown onto his property as though it were a part of the parking lot.property. Mr. LuBien advised that the wall and landscape strip need to go in, and parking lot adjustments need to be made. The actual plans have not been followed. PLANNING & ZONING BOARD -3- 4/14/88 Mr. Laubenthal commented that the purpose of the wall is to maintain the integrity for the adjacent residential property. The back yard of residential use should not be comprimised for vehicle use or traffic. The question was called and the motion to deny passed unanimously. 5. REQUEST FOR APPROVALOFNEW ADDITIONAL USE Jaime A. Velilla 9705 N. E. 2nd AVE. Mr. Velilla .attended the meeting to request approval of additional use to give art :classes. He suggested that hopefully this instruction will even- tually be the primary use. Mr. LuBien advised that the request to teach classes is a school, which is a use not permitted for the B-1 zoning. There was much discussion concerning permitted use, and the similarity to the Gymboree next door. Also discussed was the definition and connotation of school and studio. Also questioned was the square footage of the space used and hours of instruction. It was noted that an Art Gallery with lessons cannot be considered a school. Members seemed to have the most difficulty with the word school and it being used in the name of the new business, and because of the connotation as a primary use. Mr. Gene Gold, Project Manager of the Downtown Revitalization Board read from the minutes when the Gymboree's request was granted. He further stated that Mr. Velilla, at his own expense, had fixed up the old Provider store front and it is hoped this art instruction will encourage the public to come to downtown Miami Shores. The :Gymboree is a perfect example of such attraction. Mr. LuBien advised that the art instruction must be established as incidental to the primary use which is an Art Gallery.. Also the policy restricting schools is a County Ordinance, and it has the potential to be abused if the Board is not very careful. Mr. Velilla consented to the name Creativity Art Institute. He will even- tually eliminate the crafts, have art exhibitions and retail sales. Mr. McClure moved to approve the request to teach art students, only if the teaching is incidental to the primary use of retail sales and art exhibition, seconded by Mr. Chambers. Mr. Fernandez explained his proposal to reword the motion. Mr. McClure then withdrew his motion. Mr. Fernandez moved to approve the additional use of the premises for the study of art, incidental to retail sales and art exhibits, seconded by Mr. Chambers, and passed unanimously. This item will be referred to Village Council at their meeting, Apr 19, 1988. Mr. Rossi & Mr. LuBien will attend the meeting to answer Council questions & expressiMembers views and how they arrived at this. decision. PLANNING & ZONING BOARD -4- 4/14/88 Mr. Rossi requested 'Review of definition for Studio' be placed on the next agenda. 6. REQUEST FOR APPROVAL OF REROOF WITH FIBERGLASS SHINGLES FRANCES KING 218 N. W. 92nd ST. Mr. LuBien commented to the Board that this roof requires a variance to • use fiberglass shingles because it is a non conforming roof. Mr. Rossi read the letter from J. W. Murphy, P.E. of Summit Engineering, Inc. Much discussion ensued on types of roofs and material Changes over the years. Mrs. King responded to query from Mr. McClure that she has had the same asphalt shingle roof over twenty years. Further, she noted the roof is not leaking, at this time, and replacement is not an urgent matter. Members concurred that Mrs. King and the Board could best be served by a more direct and thorough Engineering report. The letter written is vague, in that it does not state that the structure will not support a tile roof. Mr. Chambers suggested that the request might be approved subject to a more clear Engineering report and approval from Council, this to prevent un- necessary delay of the request. Mr. Laubenthal moved to approve the request, conditioned upon a more conclu- sive Engineering report that this structure will not support a tile roof, and provided it receives Council approval. Motion was seconded by Mr. Fernandez, and passed unanimously. It was suggested that the. Engineer contact Mr. LuBien should he have any questions. 7. LANDSCAPE ORDINANCE Each Member was given a copy of the letter from Mr. Elly Johnson addressed to Mr. Rossi, concerning the question from the Downtown Revitalization Comm. about the status of the Landscapes Mr. Rossi explained that this item was Ord. placed on the back burner because of more urgent matters coming before the Board. The secretary made copies bf the proposed Landscape Ordinance as written and drawings by Mr. Laubenthal, for the new members of the Board, Mr. Fernandez and Mr. Chambers. Mr. Laubenthal had taken on the responsibility of this ordinance as there is no present code with any strength for Landscaping. He will invite Mr. Benton, Director of Public Works to attend the next meeting to discuss this issue. Discussion continued. Mr. Rossi requested that each Member study the Ordinance as written, that Mr. Laubenthal review and define points, etc. and bring back to the Board for further input at the next meeting. This item will be placed on the agenda for the next meeting of Thursday, April 28, 1988. PLANNING & ZONING BOARD 8. HISTORIC PRESERVATION -5- 4/14/88 It was noted that the Planning & Zoning Board has been accused of not following through on its' charges. This is something which needs to be addressed. This Boardhas, on. -numerous occasions, invited members of the Historic Preservation Board for input regarding help with their efforts, no one has ever showed. This Board then made a rough draft of a paragraph to aid Historic Preservation and sent to Mr. Fann, Village Attorney for refinement of language and to be placed in Ordinance form, and returned to this Board for further action. 9. DISH ANTENNA ORDINANCE This rough draft for Commercial Dish Antenna Ordinance was also sent to the Village. Attorney for reiew:.and refinement tribe returned to the Board for further action. 10. REZONING ON N. E. 2nd AVE Mr. Rossi explained that this item has been addressed at the recent Public Hearing, and has been disposed of. The charge from Council is to look at perimeter zones, which will be done. He has been in touch with Mr. Schwartz, our Comprehensive Planner, who agreed with the action taken by the Board. Further, he responded to Mr. Rossi that it is his duty to work with the Board at na.additional fee, except in case of additional expense. He will send a letter to this effect, and will review with and for Members the other perimeters to be addressed. There being no further business to come before the Board,.:the meeting adjourned at 9:15 P.M. •