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07-28-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING July 28, 1988 The Miami Shores Village Planning & Zoning Board convened on July 28, 1988, at the Mimi Shores Village Hall at 7:40 P.M.. The meeting was called to order by Chairman Rossi, with the following members present: Robert J. Rossi, Chairman Terrell F. Chambers, Jr. Richard M. Fernandez, P.A. Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - July 14, 1988 Several corrections were made to the minutes. Mr. Chambers noted on Pg 4, last line of paragraph 3 should be contiguous properties. Mr. Fernandez noted on. Pg 4, paragraph, 1 should read...references to this type of license, pertaining to Condominium Association Manager..., and at the end of the same prargr.aph....many set ups for legal challenge,.... Pg 2 of #3, and passed 3-0 ... Mr. McClure moved to approve the minutes of the meeting of July 14, 1988, as corrected, seconded by. Mr. Chambers, and passed unanimously. 2. REQUEST FOR APPROVAL OF PLANS TO REOPEN BAKERY GEORGE HALAS 9414 N. E. 2nd AVE. Members reviewed the site plan, and a brief discussion ensued. Mr. LuBien stated he has no problem with the request to reopen. Mr. Hales indicated he will bake all the goodies purchased in a bakery. There will be no delicatessen. Mr. Rossi explained this request comes to the Board because the Bakery had been vacant for at least six months. Everyone is glad to see a bakery come back on N. E. 2nd Ave. Mr. Fernandez made a motion to approve the plans as requested, seconded by Mr. Laubenthal and carried unanimously. 3. REQUEST FOR APPROVAL OF SIGN JAIME VELILLA 9705 N. E. 2nd Ave. There was considerable discussion concerning this request,. Members reviewed the cover sheet listing two names of the business, a letter from Tony West, Project Manager for the Downtown Revitalization Board., listing another name, and then a print of the logo sign request. This was all conflicting and con- fusing. Discussion continued. Mr. Rossi stated it appears to be a communi- cation problem, compounded by Mr.. Velilla not appearing at the meetings when his requests are discussed. He suggested this request be tabled to later in the meeting, as a courtesy, maybe Mr. Velilla will show up, and clarify the issue. Mr. McClure moved to table the request, seconded by Mr. Laubenthal, and passed unanimously. PLANNING & ZONING BOARD. -2- 7/28/88 Before Mr. Hales left, Mr. Rossi clarified the sign application request for him. Mr. LuBien mentioned, by way of information to the Board, the deluge of calls received by the Building and Zoning Department regarding the assembly on Friday at 9:30 P.M., at 210 N. E. 98th St.. This is the same address at which an Occupational License.was granted, at the last meeting for a service oriented office to provide services for painting and landscaping. Mr. LuBien had a talk with Mr. Alexis advising him of the scope of his license. Hopefully everything is under control. Mr. LuBien also clarified that, there is no provision in the code that requires approval by the Planning & Zoning Board for signs, except when it is a new building. If a site plan is presented and a remodeled front is requested, then a sign request would be considered. Also detached signs must be approved by the Planning & Zoning Board. 4. REQUEST FOR APPROVAL OF VARIANCE TO ALLOW ACCESSORY BUILDING IN REAR SETBACK MURRAY FISHER 1270 N. E. 92nd St. Mr. LuBien explained the required setbacks and the other problems existing with this building, even though it appears to be of sturdy construction. Beside being in the rear setback, it is a non -conforming accessory building of frame construction, with a fiberglass shingle roof. Mr. Fisher apologized far not coming in for advise and a permit before the house was built. He explained it is a playhouse he built about two months ago, with the help of a carpenter, for his two Children, ages three & six. Further he explained, he is 74 years old and has cancer and it gives him much joy watching the children and their friends at play. Mr. Laubenthal noted .he did go by and take a look. He found it to be struc- turally sound as a,playhouse. There is no place in the yard. it can be moved to, it must be disassembled. He wondered what the potential for the building might be. He could calculate a good twenty year life expectancy. Mr. Rossi advised that the first problem arose when no permit was obtained. This is one of the situations which make the Planning & Zoning job a very difficult one. It's a case where the heart and the head conflict. Members must act on the Ordinance as it -is written. We have been straightforward, and consistent in decisions. Following further discussion, Mr, Laubenthal moved to deny the request, seconded by Mr. McClure.. He stated he hates to turn it down, since this is •a family community; however, the Ordinance is very clear, and this structure does not fit in the Ordinance. .The motion passed unanimously. Mr. Fisher was advised and given a print out sheet explaining his right of appeal to Council. UNSCHEDULED -AGENDA ITEM -- REQUEST FOR INSTALLATION OF ALUMINUM & GLASS PATIO ENCLOSURE H WOOD., 240 GRAND CONCOURSE Mr, LuBien apologized for this uncheduled agenda item. PLANNING & ZONING BOARD -3- 7/28/88 The request was brought in too late to prepare an andendum, also our copy machine was out of order. The plans are for a simple greenhouse request, similar to a couple approved before by the Board. Members reviewed the plans for. the enclosure, also the house plans that Mr. LuBien pulled from the file. After brief discussion, Mr. McClure moved to approve the request as submitted, seconded by.Mr. Chambers, and carried unanimously. . 3. Mr. McClure made a motion to remove this item from the table, seconded by Mr. Fernandez, and passed unanimously. Mr. Velilla was not present. The request was not clear. Mr. Grau noted he had conversations with Mr. Velilla, who. explained to him that he wishes to upgrade his business from the crafts conotation to fine arts. He further wants. to run an art studio where children may be tutored by professional artists. Mr. Rossi explained this occupation.is incidental to the arts and crafts, and it was approved. Mr. Grau further mentioned that he proably is not present, because he has been feeling extremely frustrated, from his point of view. Creativity Art would proably be acceptable to him for the sign. In response to Mr. McClure, Mr. LuBien noted this was placed on the agenda as a request from -Tony West as noted on the letter. It was then explained that the -request should come from the owner or occupant of a business. The application was not tiled properly, it is conflicting and contusing. There was continued discussion. Mr. Laubenthal volunteered to contact Mr. Velilla and talk with him regarding the matter, and maybe supply some. direction. He will advise Mr. Velilla of recommendation from Mr. Rossi to amend his application and to personally apply, and there will be no need to come back before the Board. Mr. McClure advised, that it is the consensus of the Board that a logo sign reading Creativity Art is fine, if this is his wish. 5. PUBLIC HEARING - DISH ANTENNA ORDINANCE Mr. Fernandez introduced this amendment to the Dish Antenna.Ordinance, stating it had been sparked by a request for a commercial dish antenna. There were problems with commercial vs non-commercial, location_, type,..screening. The Members were in agreement that there is a need to foster &nurture their use. We are allowed. to regulate, but not to prohibit their use. In response to a recommendation,.policy ideas were forwarded to the Village Attorney to formulate, an. Ordinance which Members did not agree with. . Mr. Fernandez did the groundwork to assemble amendments to the proposed ordinance change. These amendments are. presented for Public Hearing and comments from Members. Paragraphs. were renumbered.. Section 506(0)(1) will be amended.. There was a great deal of discussion concerning. The Federal Aviation Administration, and The Federal Communication Commission. regulations. Section 506(C)(2) - This seetion.was discussed and determined to be necessary. It was not omitted. Section 516(C) LOCATION A. Ground Mounted - add to the end of the paragraph. PLANNING & ZONING BOARD -4- 7/28/88 Dish antenna shall be excluded from. the 15' setback requirement from the building. B. Roof Mounted was discussed where the word impracticable was used) and determined to strike these last few words. DIMENSIONS - Discussed and determined. to be alright-. SCREENING AND COLOR - A. Ground Mounted. Where permittedshall be screened by landscaping and maintained.to obsecure same at ground level when.viewed from abutting property, and public streets. There was much discussion con- cerning the screening. DEFINITIONS appeared to be ok, except that thi8 section should be renumbered so that it appears in the beginning. Mr. Fernandez called attention to the renumbering of other paragraphs. A question was raised by Mr. Chambers regarding classing the dish antenna as an accessory structure which must be placed 15' from the main building. There was considerable discussion on this issue. It was determined to add the sentence as noted in Section 516(0) LOCATION A. Ground Mounted. Amendment to the Schedule of Regulations concerning dish antennas may be addressed at a later date. Mr. McClure moved to recommend this ordinance to Village Council for adoption, Mr. Laubenthal seconded the motion which passed unanimously. 6. PUBLIC. HEARING - HISTORIC PRESERVATION ORDINANCE Mr. Rossi introduced the:Historic Preservation Ordinance. It was agreed that this amendment will aid in determining hardship variance for Historic Landmark properties. It was further noted that no representative of the Historic Preservation Board was present for this meeting. Members again reviewed the amended Ordinance. Mr. Fernandez made a motion to recommend. to Council, approval of this amended Ordinance, seconded by Mr. McClure, and passed unanimously. NON AGENDA ITEMS FOLLOW. LANDSCAPE ORDINANCE An amended.. copy of this Ordinance dated July 28.,.1988 was distributed by Mr. Laubenthal. Amendments and corrections were made to the following areas; R DISTRICT...Number 10 & 11 were added, with much discussion and amendment to 110. B-L:DIS.TRICT...16 was changed.. Under 113 amendment was made. See Sec 516(C) paragraph 4 was added. DEFINITION section: Equvalent Value... as set by the Table of Tree Evaluation. of the City Urban Forresters. Eliminate the values. Hedge ...considerable discussion ensued.. The world shrub will be changed to vegetation. Mr. Laubenthal will rewrite the definition. Definition for Landscape Maintenance was added, as was Open Space. Discussion. took place concerning next step for this Ordinance. Mr. Laubenthal will distribute a corrected copy, to each Council Member for review. It will then be returned to Planning & Zoning from the Village Attorney in Ordinance form, and at that timescheduledfor a Public Hearing. Mr. Laubenthal will also recommend to the Village Attorney amendment to Sections 219, 518, & 519 to remove inference to -hedges and fences. • • PLANNING & ZONING BOARD -5- 7/28/88 LANDLORD ORDINANCE Mr. Rossi requested this item be placed on. the Agenda for August llth meeting. At this time Members willdraft a statement for Council, concerning this matter. REZONING BISCAYNE BLVD. AT 105th ST. Mr. Rossi advised that the Planning & Zoning Board was given a charge by Council to review the rezoning of this area at the north edge of Miami Shores. The motel is for sale, making this an opportune time to visit this issue. In reply to query, Mr. LuBien noted $10,000. has been appropriated in his budget for the use of a Professional Planner, but these monies will not be- come available before October 1. Mr. Rossi will write a letter to the Village Council requesting allocation of some of these funds for the purpose of engaging a Professional Planner, as soon as the funds can be appropriated. Mr. Rossi, in an effort to obtain the best and higher use of this property, feels a Planner's fee is justified when it generates a tax base increase over the years. Mr. Swarthout, for example could do a through and complete study for approximately $3,000.00 There being no further business, the meeting adjourned at 10:30 P.M.