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09-08-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING September 8, 1988 The Miami Shores Village Planning & Zoning Board convened on Sept.. 8, 1988, at the Miami Shores Village.Hall at 7:30 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, Esq. Larry T. McClure Absent: Thomas Laubenthal Also present: Frank LuBien, Director of. Building & Zoning 1. MINUTES - August 25, 1988 Mr. McClure moved to approve, as written, the minutes of the meeting of August 25, 1988, seconded by Mr. Chambers, and passed unanimously. 2. REQUEST FOR APPROVAL OF PLANS FOR GROCERY STORE Manuel Alfonso 9727 N. E. 2nd AVE. Mr. Fernandez refrained from discussion or vote on this issue since Mr. Alfonso is a client. Mr. Alfonso did not attend the meeting. Mr. LuBien indicated this is simply a change in permitted use, and he would like to have Planning & Zoning Board approval. Members briefly discussed the plans and signage.. Mr. LuBien noted that he would: closly monitor the sign (there is plenty ofspace),-and proper plans will be reviewed. Alsohe noted, this will not be a deli, nor does he see a problem with the sale of beer and. wine. Mr. LuBien further stated this does not come as a formal request from the applicant, but he does want this Body to, review and approve it. Mr. MMClure made a motionto approve the site plan, and change in permitted use, as presented, seconded by Mr. Chambers, and passed by a 3/1 vote. Mr. Fernandez refrained from voting. Mr. Rossi noted, this item does not need to go to Council. 3.. REQUEST FOR APPROVAL OF PLANS FOR ADDITION Stobs Brothers. Construction Co. 580 N. E. 92nd St. Mr. LuBien advised Members that this item also. does not require Council review, he does want this Body to approve it. Mr. LuBien noted this is in the 0 Zone. A letter of request from Mr. Robert Stobs II was included with a survey and a plan given to Members. PLANNING & ZONING BOARD -2- 9/8/88 Mr. Robert Stobs II showed photographs of the building. Photograph of the building as it now stands, and photograph of the proposed wing addition. He identified the surrounding office buildings. The intended use for the proposed addition is for one office, conference:room, and storage. The interior, formerly insurance offices, will be gutted. The exterior will be harmonious, the facadewill be of matched brick. There will be remodeling to windows and doors in the rear. Mr. Stobs also advised Members he has added four parking spaces and will.submit a sign plan. He is, at this time requesting site plan approval and addition, formal plans:.will be submitted when drawn by the architect. Mr. Chambers moved to approve thesite plan.with addition, as submitted, seconded by Mr. McClure, and passed unanimously. Mr. Stobs remained for discussion on the next two items. 4. DISCUSSION - VARIANCE CIRTERIA Mr. Fernandez noted his positionon this issue is known, this item was discussed at the fart meeting longer than anticipated. Mr. Laubenthal had sufficient input. Further, he has had indication theintent was accomplished. Mr. Rossi asked if any. Member felt the need for a change in any part of the variance requirements. The answer, no. Mr. Fernandez indicated.,_ criteria dealing with peculiar and unusual conditions, and how it is applied, is consistently identified as the configueration of the property site, drainage problems, and how the property abutes, etc. The aspect dealing with reasons whir conditions would make it impossible to strictly apply specific provisions to the property. Anticipated use at the time the property is plated and purchased has been implied, and.did parties have knowledge of the limitations at the time of purchase. Overall this Body has been unifo-rm in theapplication of criteria. Brief discussion followed. Mr. Rossi noted and Members concurred that it should be made clear to Council, when they override the deliberations of the Planning & Zoning Board by' grant- ing a. variance,, grounds for the action should alwaysbe stated. Also Members agreed to leave, as is, the guidelines for granting. variance. 5. COMMERCIAL :DISH ANTENNA - PROPOSED. A copy of the proposed, Commercial Dish Antenna Ordinance, rejected by Council, was made by the Secretary and given to each Member of the Planning .& Zoning Board., at the direction of Mr. Rossi. Mr. Fernandez moved. to make this item #5 on the agenda, seconded by Mr. McClure, and passed unanimously. PLANNING & ZONING -3- 9/8/88 Members agreed with Mr.. Rossi, they were under the assumption that after Planning & Zoning Board Public Hearing on the Ordinance, and. considerable discussion, it went to the Village Attorney for refinement of language, and to be put in Ordinance form., and then back to Planning & Zoning:for recommen- dation to Council. This would give Council benefit of Planning & Zoning discussion_. Mr. Rossi reported, this was not the case, he was surprised at the meeting when council questioned him on it, and he had not seen a copy. . In discussion, Mr. Rossi reportedhe replied to query, reasons for the amended Ordinance are because of several commercial requests,:and also the Federal regulating body would be forcing stricterrules if we do not write an Ordinance. Both FCC and. FAA say they cannot be denied. Council was not pleased with the Ordinance, as written. They inquired, as to how many satillite antennas could be used, screening detail, structural elements, attachment to building. This Body agreed, it is not the function of Planning and Zoning to design -engineering structure. Further, Mr. McClure explained the non-commercial dish antenna is for school, church, and residential, commerical use is operation for profit. Unless an ordinance is provided, we are saying, schools and churchs may not have them. Mr. Fernandez empha- sized, this included the very real possibility of a challenge by Barry University, who is undertaking to build a Federally funded FAA building, if they are denied a satellite dish antenna. It would behoove Council to re- fhis issue) address,,since they have effectively precluded the use of non-commercial dish antennas in Miami Shores and Barry Univeristy aswell as churchs and others anticipate their use, but we have no provisions to allow same. Mr. LuBien commented the Ordinance came into being in the first place because of numerous requests from residents. There was much discussion, concerning the procedure by which the Ordinance was reviewed by Council. Mr. McClure commented the Planning & Zoning Board had never voted to send the Ordinance to Council, therefore; Members should determine that it return to Council as if for the first time. Their comments may be helpful, but. action was invalid. Last page, paragraph 5 - Number, was discussed,. Mr. Fann advised, at writing, that the number is immaterial since they will be screened. It was noted that Council seemed concerned with the proliferation of the antennas on N. E. 2nd. Avenue, but if they are properly screened, the FCC says they cannot be denied. Further, they are used by banks, stock markets, and security companies, and we must allow the antenna -if business is to.be attracted to 2nd Avenue. If there are several offices., they may each want a different satellite. Members agreed, there..is-no problem leaving this as it is. Screening, also was discussed. It was.decided this is well covered in the Ordinance and must remain. Dimensions. Height was discussed and this too was satisfactory with the Members. Mr. LuBien, in response to query, commented the support column and screening is the heaviest component, most commercial buildings' can support approximately one for each. tenant. Mr. LuBien further read from the Ordinance that section which deals with permitof commercial antenna, roof .structure, which must comply with requirement of the. South Florida Building Code relative to structures. PLANNING & ZONING BOARD -4- 9/8/88 This is as it has. been even in permitting the residential dish antenna. This section also is satisfactory, and will remain. Roof mount antennas may be permitted when the requirements cannot be met for ground mount. Uplink/downlink was also discussed, and the possibility for uplink application.is remote, and regulated by FCC. Again it was noted the lengthy and expensive litigation Miami Shores could become involved in if the dish antennas are not permitted. Planning and Zoning Board. Members read allthe materials they received, and had lengthy deliberation and Public Hearing on the matter before the Ordinance was written. Members were in agreement with Mr. McClure, this item was not formally submitted to Council, (Mr. Rossi had not seen the completed Ordinance and was not prepared to give the criteria and justification for each item), and was never intended to go to Council before coming back to Planning and Zoning for discussion. Mr. McClure moved to refer this Ordinance, as written, to Council, for approval, seconded by Mr. Fernandez, and passed unanimously. Mr. Rossi was advised, the next Council meeting will be September 20th, he requested this item be referred for that agenda. In response to Mr.. Fernandez query, Mr. Rossi responded the other buffer areas, have not been discussed, because of the lack of funds. There being no further business to come before the Board, the meeting adjourned at 8:30 P.M. to ecr€ tary •