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07-14-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING July 14, 1988 The Miami. Shores Village Planning & Zoning Board convened on July 14, 1988, at the Miami Shores Village. Hall at 7:35 P.M.. The meeting was called to order by Richard Fernandez, with the following members present: Terrell F. Chambers, Jr. Richard M. Fernandez, P.A. Thomas Laubenthal Larry T. McClure Absent: Robert J. Rossi, Chairman (Mr.. Rossi's absence is due to his mother suffering a stroke, she is in Hollywood MemorialHosp. Mr. Fernandez has been requested to chair the meeting). Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - June 30, 1988 A correction was called for on page 6, #ll, the action passed 4-0. Mr. Laubenthal moved the minutes of the meeting of June 30, 1988 be approved, as corrected, seconded by Mr. McClure, and passed unanimously. It was agreed that items 4 & 5 on the Agenda will be at the end of the meeting, if the person requesting the addendum item shows up. 2. REQUEST FOR APPROVAL OF 4' FENCE IN FRONT YARD THOMAS B. CHAILLE 352 N. E. 98th ST. Mr. Laubenthal left the room,.: stating he had a vested interest in this issue. Members received in their packet the form indicating request for approval of a 4' wrought iron fence in the front yard, this would replace an existing pipe and wire fence on Historic Landmark property. Also in the packet was a letter outlining reasons for the request, a sketch of survey, a petition signed by immediate neighbors -approving, and a Certificate of Appropriatness, signed by Margo Newton, Chairman of the Historic Preservation Board. Dr. Chaille asked that his request be withdrawn, at this time. Mr. LuBien commented that, in light of the fact that Members areworking on an amendment to include Historic Landmark as a consideration in determining a variance, this criteria could be applied to this particular case, since this is the basis for the variance request. The wrought iron fence has been installed with the stipulation that it will be moved if he fails to obtain the variance. The fence had to be put in because of the pool installation and for safety. In response to query, Mr. LuBien further noted the Ordinance will go into effect after Public Hearing and approval by thiss.Body, and the two readings by Council. Also there is no difficulty in delaying Dr. Chaille's request because the fence is in place. Mr. Fernandez noted this could be the first case heard under the new ordinance when it goes into effect. PLANNING & ZONING BOARD -2- 7/14/88 Mr. McClure moved to table the request, at this time, seconded by Mr. Chambers, and passed unanimously. Mr. Laubenthal returned to the room. Mr. Fernandez requested Mr. Laubenthal take the chair for the next case, since he is affiliated with the University, and cannot participate in the vote. 3. REQUEST FOR APPROVAL OF LANDSCAPE PLAN FOR F.A.A. BUILDING BARRY UNIVERSITY 11300 N. E. 2nd AVE. Representing Barry University, and outlining their Landscape Plans were; Jorge E. Iglesius and Angel Marks, Landscape Architects, and Ed Turner and Freddy TJlloa from Barry. They showed drawings of the elevations of the F.A.A. Building, also drawing of the parking lot and landscaping across the street. Mention was made of parking assessibility to. the school, there will be no.berm, no erosion, landscaping at the parking entrance & exit; Some existing trees are beingrelocated, sodding and irrigation will be put in place. Basically a flat profile will be maintained, hedges & ground cover around perimeter, with a plaza in the center. Right-of-way frontage will remain. Following further brief discussion, Mr. McClure moved to approve the request as submitted, seconded by Mr. Chambers, and passed 3/x with Mr. Fernandez abstaining. 0 6. ADDENDUM ITEM - REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE PIRECE KELLY 270 N. E. 104th ST. Mr. Franklin Grau was present to represent Mr. Kelly. Members reviewed site plan, floor plan, and North elevation. Mr. Grau noted the windows will be aluminum awning windows and the interior doorway will re- main?as this will continue to be a laundry. room, there are no interior changes. A portion of the existing driveway ribbons will be removed and the area will be sodded. A full set of plans was available for review also. Mr. Laubenthal moved to approve the request for garage enclosure, seconded by Mr. Chambers, and passed unanimously. OCCUPATIONAL LICENSE REQUEST DAVID ALEXIS 210 N. E. 98th ST. This item is not on the agenda, but Mr. LuBien presented it for approval as new business. Mr. Alexis wants to operate an office only at 210 N. E. 98th St., to provide services for painting and landscaping. To answer Members questions, Mr. Alexis stated he will be next door to Jolly Mutt, at the back side of Center Pharmacy. He will have no storage or sales at the premise, it will be office use only. Mr. Laubenthal moved to approve the request for a service oriented office, seconded by Mr. McClure,,and-passed unanimously. PLANNINE & ZONING BOARD -3- 7/14/88 4. DISCUSSION - LANDSCAPE ORDINANCE Mr. Laubenthal distributed copies of the Proposed Landscape Ordinance, as he has drawn it up to date. The proposed Ordinance.contained a:refinement of language along with a definition of intent at the beginning and terminology and definition section in the end. Members were very impressed with the work. Mr. McClure commented, that Mr. Laubenthal cannot be appreciated enough for the tremendous undertaking, accepting the full burden of formulating this Ordinance. The proposed Ordinance was reviewed step by step. It was determined the heading would read, Landscape & Screening Requirements for Schedule of Regulations. R District ...1. Last five words will be replaced with, on the premise. 5. Home Professional office - See Paragraph 1. 6. Home Occupation - See Paragraph 1. Number 10.& 11 will be scratched. A-1 District...There was much discussion as Mr. Laubenthal outlined his theory and reasons for this wording. A-2 District and 0 District... were discussed and determined to be alright. B-1 District was reviewed, #8, #10, and #11 were discussed and determined to be ok. #12 will be scratched, in favor of Dish Antenna Ordinance. B-2 District, C District and S-1 District (Barry University) are alright. S-2 District (Dog Tract) was discussed at length, any change will require approval by the Planning & Zoning Board. P District and X District identified ok. Definitions: Research was donea.nd figures arrived at using standards of the U S Forrestry. Department and other Municiplaities, this under Equivalent Value. Definition for Open Space which was omitted, will be included. Sightline Triangle was discussed and explained by Mr. Laubenthal. Following full review and amendments, and since the full burden has been his, Mr. Laubenthal determined, this ordinance is not yet ready for Public Hearing. He feels it should have Official review and comments from the Downtown Revitalization Board. He further noted he will extend copies to Council and other Boards for review at the Public Hearing. An extension of time is needed. A five minute break was taken,., at this time. 5. DISCUSSION - LICENSING LANDLORDS Mr. Fernandez opened discussion, stating Village Council forwarded to the Planning & Zoning Board a Zoning Ordinance from.the:City of Gainesville, F1., Licensing Landlords.. It was discussed briefly at the last meeting and if someone hasspecificpoints we willhear them. He suggested we think about it first ton the basis of policy . and determine what kind of policy we want to think about and thengo back and address specifics. The 45 days allowed by Council to come back with a report is somewhat vague in terms of what is wanted, if there is no objection., we can start from the Policy standpoint. Mr. Chambers raised the question, how is this working in. Gainesville, and what rights are being taken away that cannot be taken away? • PLANNING & ZONING BOARD -4- 7/14/88 this type of license, pertaining to Mr. Fernandez had researched a couple of books of State Statues, and he could find only a couple of references to Condominium Association Manager being licensed. The question arises, is the Village of:Miami Shores attempt- ing to license the business of leasing houses? Is this a type of Occupa- tional Lichnse? Further, he advised Members that imbedded deep in the Gainesville Ordinance are many set ups foncohallenge, and we should steer clear of it. legal Mr. McClure felt that when landlords do not need occupational license, it becomes different from other businesses, and this is not right, a business is a business, and functions as any other business, and the least that they should.•.have is an occupational license. Discussion continued concerning apartment owners having Occupational License, and renting of property being a commercial venture for profit, and requiring licensing. Axe there other means to accomplish the goals, code enforcement problems with rented houses, revocation .of occupational:license and lease- hold rights. Also mentioned is the fact that a State License is required if three or mores properties are owned and rented. contigous Mr. LuBien explained code enforcement procedure for citing rental property, also in Chapter 14, Occupational License and Business Regulations, apartments are licensed with.fee schedule based on the number of rooms. Mr. LuBien further inquired of the possibility of including single family houses under this heading.. Discussion continued on Section 14-31, revocation, owner and leasee responsibility. The 45 day time periodwas again mentioned. Mr. Fernandez suggested going the Occupational route may be the better way. Mr. Laubenthal suggested a recommendation to Council that the existing section be modified to expend and include single family residences as suggested by Mr. LuBien, also make a statement, to consider going any.further a Policy decision must be made to make it significantly more enforcible at all levels. It was finally decided that discussion on this issue will continue when Mr. Rossi is present. The Secretary will mail a copy of Chapter 14 to each Member. There being no further business, the meeting adjourned at 10:00 P.M.