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01-12-1989 Regular MeetingMIAMI SHORES VILLAGE January 12, 1989 The Miami Shores Village Planning & Zoning Board regular meeting was held on January 12, 1989, 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. Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - December 8, 1988 The minutes of the meeting of December 8, 1988 were approved, as writteng by a motion made by Mr. Fernandez, seconded by Mr.. McClure, and passed unanimously. 2. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE HOLT 189 N. W. 102nd STREET There was no one present to represent the Holts on their request for the garage enclosure, and Mr. Rossi expressed a desire to ask a few questions concerning the enclosure. Mr. Fernandez moved to redock the request to #6 on the agenda. Motion was seconded by Mr. McClure, and passed unanimously. 3. REQUEST FOR APPROVAL OF PLANS FOR CARPORT ENCLOSURE THOMAS JOSEPH 39 N. W. 101st STREET Neither Mr. Joseph was present, nor anyone to represent him. Mr. Fernandez made a motion to resdhedule the request to #7 on the agenda, seconded.by Mr. McClure, and passed unanimously. 4. REQUEST, FOR APPROVAL OF PLANS FOR DOCK, SEAWALL, CBS WALL, PARKING -AND DRIVE IN SIDE SETBACK, AND 6' C/L FENCE ALBERTO DIAZ 117.31i. E. 104th STREET Mr. LuBien outlined for Members information that the original plans show no dock, no. -seawall, no CBS wall, no parking & driveway nor chainlink fence. All of which are already built: without -plans, permits or inspections. The dock -was properly constructed, it was inspected by a professional engineer, and Mr. LuBien has an affidavit to that effect. The wall is above height limitation, the slab for parking and driveway area is in the side setback. No variance -is required for the dock. Variance is required for the 6' peri- meter wall, the 6' chainlink fence on:the East side, and the paving in the setback. PLANNING & ZONING BOARD -2- 1/12/89 Mr, Diaz stated he began to build about eighteen months ago. He had no guidelines for these items, but went by what he saw around the Village and he built his dock after consulting with his neighbor. The slab inside the wall is the only privacy he has on the lot. He saw nothing in the code which addressed the dock. Mr. Rossi noted that the request and problems are varied, and each point should be addressed separately. The dock & seawall were discussed first. It was determined that structurally there is no problem, but it does go back to the setback. Mr., Rossi explained that a dockor seawall must first be approved -.by the Planning & Zoning Board before the Army Corp of _Engineers orother proper Authorities will look at it. Items of this nature have been approved before. It needs to be looked at from the standpoint of harmony. Following discussion, Mr. Laubenthal moved to approve the dock drawing as submitted, seconded by Mr. Chambers. Question -was raised concerning the seawall, and Mr..:Laubenthal.amended his motion to include the dock and seawall, Mr. Chambers accepted the amendment, and the amendment and the motion passed by a unanimous vote. Wall .on -Biscayne Blvd - Varies from 5'8" - 6'. There was considerable dis- cussion on this wall whicheveryone agreed requires a variance from 5' to 6'. The grounds for a variance are here, the elevation is higher on Biscayne Blvd. as it goes over the bridge, and any resurfacing on Biscayne Blvd will add three to four inches. There are only four other properties across the street that could make a similar request if this is approved. In discussion it was noted that Mr. Diazhas not completed grading and landscaping which if done properly could help his situation. Nothing being done to circumvent the code. Much discussion continued. Mr. Laubenthal read from the code sec. 518, and page 1599, The uniqueness of this particular case was discussed. It remains that 31/2.' is the maximum wall height. on the front of the property. Also it was noted. that Mr. Diaz is responsible for the parkway landscaping, and if the finished grade is brought to -5' he would comply. Mr. Fernandez moved to grant a variance for a 6' high wall, based upon the peculiar and unusual condition. effected at this property, also that it is impossible to conform strictly to achieve privacy equal to other properties, also it does comply with the four point criteria for granting a variance. This motion was seconded by Mr. Laubenthal. In further discussion, Mr. Rossi. requested the minutes ,reflect, that Biscayne Blvddoes slopeup to the bridge at, this point. Mr. McClure:pointed out to Mr. Diaz that Planning & Zoning may grant his variance, but it could be re- jected by the Village Council. Question was again raised concerning setting a precedent. The vote was called and the motion to grant a variance on the 6' wall passed by unanimous vote. Mr. Rossi explained to Mr, Diazthat the Village Council will review this action on Tuesday , January 17., 1989, 7:30 P,M., and Mr., Rossi will be present to explain the Board's decision. PLANNING & ZONING BOARD Slab on the side setback. -3- 1/12/89 Mr. LuBien explained that this is 20' to 25' from the front of the garage. Mr. Diaz noted that he intends to put brick pavers for the driveway. In discussion,it was explained to Mr. Diaz that there should be a green buffer area between each property rather than one solid area of concrete leading to another. The present buffer setback belongs to the neighbor. Also it was pointed out that a new owner will have the same space to use or abuse, as he may see fit. Servicewalk of5' is acceptable. Mr. McClure made a motion to deny the slab in the side setback, but it is acceptable to have a service walk. Mr. Laubenthal: seconded the motion which passed. unanimously. 6' C/L fence<on east side of the property line. Members could see none of the points for a variance criteria in the request. Mr. Diaz stated he was given the 6' posts and chainlink fence and he had it installed. Further, he had driven around the Village., andsaw.many violations and: thought a precedent had been set. Mr. Rossi explained to Mr. Diaz that fence height is the most controversial issue in Miami Shores Village. Mr. Laubenthal moved to deny the request for the 6' chainlink fence on the east side of the property, seconded by Mr. Chambers, and passed by unanimous vote. Mr. LuBien gave Mr. Diaz a printout.of.his right to appeal the denied requests to. Village Council. He explained to him that a letter requesting the appeal must be in the office by noon tomorrow to be reviewed by Council at their regular meeting on Tuesday, January 17, 1989, 7:30 P.M. Mr. Rossi responded to Mr. Diaz that no Certificate of Occupancy can be issued until all the building requirements are met. #2 & #3 - HOLT & JOSEPH No one showed up to represent either party. Mr. McClure moved to table the requests for garage enclosure for Mr. Holt and Mr. Joseph to the next meeting. Mr. Chambers seconded the motion, which passed unanimously. 5. REQUEST FOR APPROVAL OF PLANS FOR ROOF MOUNTED, AIR CONDITIONING UNIT RICHARD WILBAR 976 N. E. 91st TERRACE Mr. LuBien noted that this is a request for mounting an air conditioning unit on:a flat roof carport which may be visible from the street. Because of this he requests the Board to approve it as to harmony. Mr.. Wilbar noted that he appreciated suggestions from Mr. LuBien concerning the screening. His plan is to install treated andpainted lattice work to PLANNING & ZONING BOARD -4- 1/13/89 match the house. The roof has a 6" border, which.helps. He has not yet begun the work, and showed photographs of what the proposed completed job will look like. Mr. Fernandez noted there are numerous like installations around Miami Shores. The house sits back.and there is a substantial amount of foilage. Mr. Chambers made a motion to approve the roof mounted air conditioning unit as submitted, providing for the decorative screen and proper framework. Mr. Laubenthaiseconded the motion, and it passed unanimously. 6. NEW DISH ANTENNA ° ORDINANCE Mr. LuBien passed around copies of the proposed Dish Antenna Ordinance to include commerical.. Mr. Rossi suggested that Members take a few minutes to review it and compare it to the changes which were requested. Mr. Chambers moved to take 5 minutes to review the Ordinance and then to place it on the agenda for the next Planning & Zoning Board meeting, motion was seconded by Mr. Laubenthal'and passed unanimously. 7. LANDSCAPE ORDINANCE. Mr. Rossi suggested that should. we receive this Ordinance from Mr. Tann before the next meeting, this also t47i11 be placed on the next agenda. There being no further business, the meeting adjourned at 9115 P.M. cret • App