Loading...
09-22-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING September 22, 1988 The Miami Shores Village Planning & Zoning Board held its regular meeting on September 22, 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 Thomas Laubenthal Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - SEPTEMBER 8 1988 The minutes of the meeting of September 8, 1988 were approved, as written, by a motion made by Mr. Fernandez, seconded by Mr. McClure, and passed unanimously. 2. REQUEST FOR APPROVAL OF MISSIONARY CHURCH FIRST BAPTIST CHURCH OF OJUS 8817 BISCAYNE BLVD. Members received_ in their packet a letter of request for the hearing for a variance.to- continue the store front.Missionary Church at the above address. Mr. LuBien specified this is a variance request to the Schedule of Regulations, a Church is not a permitted use in a commercial building. James.Washer, Pastor of the First Baptist Church of Ojus was present at the meeting along with other members of the Baptist ministry. He made the appeal on behalf of the Southern Baptist Haitian Mission, stating the reason for meeting at this store front is to accomodate about twenty two (22) Haitian immigrants who live in the area. Once the attendance reaches approximately 35 to 40 people the. Church will move from the store front to a new building, which project Southern Baptist will undertake. The people are ministered to, and needs, both spiritual and physical, are met by a Seminary student, who is the only member of the group who owns a car. None of the other people attending the Creole services .on Sunday morning and Wednesday evenings, for talk, fellowship, and singing own vehicles. Mr. LuBien noted he had sent Rev. Washer a copy of the section of appeals for hardship variances. He then read from the Schedule of Regulations - Permitted Uses in the B-2 district which includes all uses permitted in B-1 districts, subject to all limitations therein, Mr.. Rossi indicated this is a request for a variance, and.the fee has been paid for same. Tie request is for approval of a Missionary Church, and the grounds for granting a variance must be evaluated,. as the charge of the Planning & Zoning Board is to interpret the Ordinance. The request must meet the four (4) criteria for variance. If granted, it could open the door PLANNING & ZONING BOARD -2- 9/22/88 for continued interpretation for favorable or unfavorable prospects. Parking requirements must be met, and B-2 zone does not allow for churchs unless all qualifications for'chureh are met. Rev. Washer further noted the Southern Baptist are not. trying to circum- vent Ordinances, but opening all ethnic. denominations. in store fronts to meet the needs of an immigrant community. requests Mr. Fernandez feels the two. ¢ichilf. should be separate. Approval of Missionary Church, and a variance request for a church in the B-2 zone. Mr. Laubenthal commented that in studying the request he could see no clear section to allow the interpretation to provide for this church. The intent.,,is,,„as it is written1to maintain the structure, the criteria for granting a variance are not being met. Mr. Chambers responded to the statement that it is being done everywhere, and Miami Shores is the only community where they are questioned. He was in North Miami last, week where a store front church. had encountered the same problem, and must vacate the premises. Further, Mr. Chambers indi- cated he is a Baptist himself, but must uphold the Ordinance of Miami Shores Village. Rev. Washer replied to Mr. Fernandez:that he acknowledged the store front church is a violation, he appeals.to this Body-to.respond favorably to recommend this to.•Council for a variance. Mr. Fernandez summarily moved to deny approval. requestfor a church, and by acclamation move on to the variance required which passed unanimously. Joe Arvaz, Attorney, friend of the church inquired.what are the permitted uses at this location. Mr. LuBien advised, the code stipulates the minimum requirements or.what is permitted rather than making a comprehen- sive, list. Acopy of the Ordinance was given for the Attorney to review. Much discussioncontinued on how the code applies to .this use. Mr. Rossi again outlined the grounds for variance. Rev. Washer stated that he under- stands the grounds forparking, but the people do not own cars, he again made an..appeal, as did the Assistant Director of Language Missions and Dayle..Wedrick and. other representatives of,the denomination. Mr. Fernandez again advised Rev. Washerand the group that the Planning & Zoning Board must interpret the Ordinance. All four (4) criterian for:a variance mustbe met, and he read the criteria. No case can be made for any of the four criteria. Whereupon Rev. Washer noted he is not asking for the letter of the law, but for mercy, a favor. Mr. Fernandez moved to..deny the variance request, seconded by Mr. Laubenthal. In discussion which followed,. Members concurred with Mr. Rossi., that through Ordinances, Miami Shores. Village has made it clear what we want. The obligation is to all the residents of Miami Shores and Members must interpret PLANNING & ZONING BOARD. -3- 9/22/88 the Code, and leave the appeals to Council. Planning & Zoning Board hands are tied, and Members have no choice. Mr. McClure commented, in the past, numerous times various, religious groups have come to Miami Shores wanting to conduct religious ceremonies of various types. The Ordinance in each case is strictly interpreted, they are not allowed, and he is not in favor of this change, and since he is opposed, he called the question. The motion passed by unanimous vote. The procedure for appeal to Council was explained by Mr. Rossi. Mr. LuBien gave.Rev. Washer a print out sheet of the procedure. Next. Council meeting is scheduled for October 4th. 3. RE -APPOINTMENTS All Members agreed they are delighted, Council has re -appointed Mr. Rossi and Mr. Laubenthal to two (2) more years on the Planning & Zoning Board. Mr. Fernandez. noted the applause which greeted their reappointment, and Mr. McClure stated,.he has much confidence in the two (2) Members. 4. DISH ANTENNA ORDINANCE Mr. Rossi:gave an overview, of Council. comments concerning the Satellite Antenna Ordinance. Council did not feel it could be passed carte blanch. Mr. LuBien advised Members that he had talked with the Deputy Clerk, who advised him the minutes from that Council meeting will be completed next week. He recommended discussion and:recommendations for changes take place after Members have the opportunity to study Council's comments. The Board agreed to this suggestion. Discussion followed. Mr. Rossi explained the procedure now is for return to Planning & Zoning Board, then to the Village Attorney to refine any changes before return to Planning & Zoning for recommendation.to Council. 5. ROOF DUCTWORK Discussion.opened by Mr. McClure, concerning what, if:anything could be done about the unsightlyness of air conditioning ductwork.on roof tops. Mr. LuBien advised that no permits are issued for this type installation. An Ordinance could be written to prohibit, but any such Ordinance must be amoritized. Further, it was mentioned this is:a very costly problem. There being no further business to come before the Body, the meeting adjourned at 8:35 P.M.