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11-10-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING November 10, 1988 The Miami Shores Village Planning & Zoning Board regular meeting was held on November 10, 1988, at the Miami Shores Village Hall at 7:33 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. Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - OCTOBER 27, 1988 The minutes of the meeting of October 27, 1988 were approved, as written, by a motion made by Mr. McClure, seconded by Mr. Fernandez, and passed unanimously. A motion. was made by Mr. McClure, seconded by Mr. Laubenthal, to move item #3, Discussion - Commercial Dish Antenna to last item to be heard. Motion passed unanimously. Mr. Rossi announced another., short item not on the agenda may be heard. Mr. McClure moved to make this request for a flat roof addition item 7. on the agenda, seconded by Mr. Laubenthal,.and passed unanimously. 2. REQUEST FOR APPROVAL TO DISCONTINUE GASOLENE SALES MIAMI SHORES AUTO CENTER, INC. 9734 N. E. 2nd Avenue. A letter requesting approval to discontinue sale of gasolene was enclosed with Members packet. Request for variance is outlined in this letter in case a variance is needed. Mr. LuBien noted the code is directly specific, that the auto repairs are incidental :to the sale of gasoline, though the Code lists gasolene stations, it does not stipulate that it is necessary to have the sale of gasolene in order to make repairs. All four stations now in Miami Shores are non -conforming use. Mr. Rossi clarified this by reading Sec. 218, pg 1657 of the. Zoning Ordinance. In the 1987 review of gasolene stations they were denied as non permitted use in B1 and B2 zone thereby making existing stations grandfathered in. Sheldon Smith., Jr. attended the meeting, he stated the enviromental people have concerns and newly promulgated regulations which he cannot comply with. He would like to discontinue the sale of gas but continue other aspects of the business as he has done for the past 22 years. In response to query from Mr. Laubenthal, Mr. Smith furthernoted that by theend of next year, EPA has said he must change steel gas tanksto fiberglass, at an exorbitant cost to him. Mr. Smith wants to continue general automotive repairs, (oil change, lubricant,_ water pumps, brakes, etc.) and sales. He does no paint- ing or auto body work. Gasolene sale is 20% of his gross sales and 2% of gross. profit. He wants to continue the same work he has done in the same location 22 years, except the sale of gasolene. If he is forced to comply with EPA regulation, Mr. Smith stated he would be forced out of business. PALNNING & ZONING BOARD -2- 11/10/88 It was determined that two existing stations have had -their tanks changed, but these are gas company affiliates. The question arose, if others would request auto repair shop on N. E. 2nd Ave, this was ruled out. There was much discussion concerning this being a continued use and if a variance is really needed. Mr. LuBien advised. Members that Mr. Smith is fully aware of the scope of work he is permitted to perform at this location. Mr. McClure noted that this would, be a change from a service station to a garage being created in downtown Miami Shores. Discussion also continued as to the need for 4Motion or if the Board would respond to Mr. LuBien with direction. Mr. McClure insisted the Board should react to the agenda item with a motion. Mr. Fernandez moved to approve the request to discontinue the sale of gasolene and limit approval so longus Sheldon Smith, Jr. is the owner and operator, motion,was seconded by Mr. Chambers,. for discussion. Mr. Smith explained that he has a partner and would want the approval for;him also. Mr. Fernandez amended his motion to grant. approval for the request so long as. Sheldon Smith, Jr. & Ira,B. Sturdevantare the owners and operators. The amendment. was accepted by Mr. Chambers. In discussion Mr. Fernandez pointed out the possibility of stock being sold in the corporation and the resulting ramification, this is the reason for ,the motion extension. The vote on the amendment,was taken and passed unanimously. The motion passed by & vote of 4/1. Mr. McClure voting No, Mr. Smith was advised this Item will not need Council review, and approval. 4. REQUEST FOR APPROVAL OF PLANS FOR ENTRANCE ALTERATIONS ARCHDIOCESE OF MIAMI 9920 N. E. 2nd AVE. Mr. Franklin Grau representing the Archdiocese stated, this is an anonymous entrance to the Archdiocese. radio and television center, it is their wish and intention to provide a more prominent entrance. Members received.in their packet, with the request, a drawing as the entry is proposed, and partial plan also indicating colors. Mr. LuBien suggested Council will review this request as alterations to the exterior of a structure, he also suggested Members take special notice of the colors so that there are no surprises. In response to query, Mr. Grau further noted, this entry is between two buildings, 2 parking spaces will be displaced, but adequate parking is pro- vided, and there is no encroachment to the alley. It is a large building where shows are produced, these changes will attract.visibility. Also this request -has nothing to do with the proposed dish antenna request. Mr. Grau also stated.this will not need Historic:Preservation approval since it is not a designated landmark, but he will present the request to the Downtown Revitalization Board at their meeting next Wednesday. PLANNING & ZONING BOARD -3- 11/10/88 Discussion took place concerning the colors to be used. Mr. McClure moved to approve the Plans for entrance alterations, provided that drawings with appropriate color samples be brought back for approval by this Board. -Mr. Fernandez seconded the motion. Following continued discussion on the colors, the motion passed -unanimously. Mr. Grau was advised that this will need Council approval, as well as Downtown Revitalization Board approval. • 5. REQUEST FOR APPROVAL OF FLORIST BUSINESS BILL PERRY 9705 N. E. 2nd AVE. • Mr. LuBien indicated that. this will be retail sales where the Fiesta Arts and Crafts was. It will be a florist shop operated by experienced florist. He further noted he has no problem with this request for N. E. 2nd Ave. The sign will be where there is now a blank space. A copy of the wording is included on the final page of the request, with a sketch of the proposed store interior. A letter from Mr. Perry making the request as President of Creative Custom, Inc. was also included. Mr. Perry was present, he reiterated statements made in his letter requesting this hearing. Mr. Fernandez made a motion to approve the request, seconded by Mr. Laubenthal, and passed unanimously. 6. REQUEST FOR APPROVAL OF ADDITIONAL USES JEAN -MARY ALEXIS 210 N. E. 98th ST. Mr. LuBien noted that Members received along with the formal request a letter from Jean -Mary Alexis requesting the various occupations. at.210 N. E. 98th St, this space to be used for offices.. Mr. LuBien feels the request should be more specific, since he has reservations i.e.,.Moving - there are no provisions for moving truck or warehouse, Cleaning -residential and commercial - no storage of cleaning supplies or truck, Driving School - no place for vehiclesor training.program. Mr. Alexis was present, and he stated the moving vehicles are parked at his home, there will be no storage of cleaning supplies for the residential and commercial. cleaning, and these trucks are also parked at his.home. The space for additional uses is to be used as offices only. Members concurred., the Driving School is not acceptable and must be scratched. Mr. McClure noted he can't vote for approvalfor service "such as", the applicant must be more specific. Mr. Rossi inquired, ifthe applicant is aware that a separate Occupational License must be obtained from Miami Shores Village for the additional uses, Mr. Alexis agreed to this. Mr. Laubenthal moved to extend business to allow for office function only, providing proper licensing, as follows: Moving, Residential & Commercial Cleaning, Income Tax, Notary Public, Finger Print, Help with filing Immigra- tion papers., and Translation of Documents, The motion...was seconded by Mr. Chambers, and passed by a vote of 4/1. Mr. Fernandez opposed. • PLANNING & ZONING BOARD -4- 11/10/88 7. REQUEST FOR APPROVAL OF FLAT ROOF ADDITION JANICE GRECO 51 N. E. 110th ST. Mr. LuBien indicated, this section to be roofed. is inside of "L" configuration. This will be a permanent roof of approximately 300 sq. ft.. Plans must be submitted signed and sealed before a permit is issued. Mr. LuBien further indicated he has no problem with. this. Mr. Laubenthal moved to approve the flat roof addition, seconded by Mr. McClure, and passed unanimously. 3. DISCUSSION - COMMERCIAL DISH ANTENNA Mr. Fernandez explained the 'Dish Antenna Revision' draft which he prepared and each Member received a copy of. The changes are under Pg 2, 2. Location., a. Gound mounted, (1). On page 3, b.• Roof Mounted. (1), (2) and (3), also under paragraph 3 of this heading...of a commercial structure, . .will be de'1eted. Another change as indicated at the last meeting is on page 3, 4. Screening & Color, b. All these revisions were discussed and Members agreed they are all satisfactory. Mr. McClure moved to approve the Dish Antenna Ordinance as amended, seconded by Mr. Laubenthal, and passed unanimously. Procedure in adopting that since Planning & to schedule another. approval of Ordinance including highlighted Council for review. the Ordinance was then discussed. It was determined Zoning has held a Public Hearing, it is not necessary It should go to Mr. Fenn, Village. Attorney for form and legal format, Mr. LuBien.will provide copies, changes to Members for approval. Itwill then go to 8. Mr. McClure brought up for brief discussion the request of the ALMi Ojus Missionary Baptist Church to continue conducting services in the storefront on Biscayne Blvd. He requested.•Mr. Rossi to make his position clear to Council, that he is in no way sympathic to the cause of a church operating in a store front at this location. This item has been forstalled two months.. Code Enforcement.cannot act so long as appeal is pending. Delay and appeals were discussed. There being no .further business, the meeting adjourned at 9:30 P.M. Qcre 2�0 ry