02-09-1989 Regular MeetingMIAMI SHORES VILLAGE
February 9, 1989
The regular meeting of Miami Shores. Village Planning & Zoning Board was
held on February 9, 1989, at Miami Shores Village Hall at 7:30 P.M.. The
meeting was called to order by Chairman protem, Richard Fernandez, with the
following members present:
Richard. M. Fernandez, Esq,, Chairman protem
Terrell F. Chambers, Jr.
Thomas Laubenthal
Absent: Robert J. Rossi, Chairman
Larry T. McClure
Also present: Frank LuBien, Director of Building & Zoning
1. MINUTES - January 26, 1989
Corrections were made to the minutes of January 26, 1989. On Pg 3,
paragraph 3, the motion passed 3-0. Pg 3, paragraph 3, paid $3,000.
Pg. 4, #7, paragraph 2, underscore the word thereof. The minutes of
January 26, 1989 were approved, as corrected by a motion made by
Mr. Laubenthal, seconded by Mr. Chambers., and passed unanimously.
Mr. Fernandez explained the voting procedure for all. who were present. He
advised that every request requires a unanimous vote since only three Members
of the Board are.present. Any request may be withdrawn at this time, and
heard by a full Board. No one wished to withdraw his request, and the meeting
proceeded.
2. REQUEST FOR APPROVAL OF PLANS FOR CARPORT ENCLOSURE
THOMAS JOSEPH
39 N. W. 101st STREET
Since Mr. Laubenthal was absent from the last meeting, Mr. Fernandez explained
the request comes back to the Board from the last meeting, for more incormation.
Mr. LuBien explained he did go by to examine the house for more detail. The
carport enclosure and garage are considered detached structures (non -conform-
ing accessory buildings) which will not comply with setback requirements as
listed in the Schedule of Regulations, as requested. This new sketch has
more notes than did the previous one submitted.
Much discussion ensued, concerning the enclosure. Rpnald Bertrand, Draftsman
attempted to explain the floor plan sketch. A suggestion was made to enclose
the small front, the existing porch and entire. carport in order to make it a
part of the main building, and more harmonious. The existing beam and roof
goes over this point. Mr. Joseph was in full agreement with the suggestion.
Discussion continued, concerning the lack of appropriate drawings, and an
architect seal. Mr. LuBien advised that he could see..that this information
is furnished before issuing a permit.
Mr. Laubenthal made a motion that the application as submitted be amended to
extend the area under construction to include the entire area under -cover,
and to attach the accessory building to the main building to develope one
continuous main building. The motion was seconded by Mr. Chambers.
Mr. Fernandez and Mr. Laubenthal further explained the required changes to
Mr. Bertrand, and also explained the requirement for driveway ribbon cutback
and installation of appropriate landscaping. The motion carried unanimously.
PLANNING & ZONING BOARD
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3. REQUEST FOR APPROVAL OF PLYWOOD ATTACHMENT TO EXISTING 4' C/L FENCE
EDWARD KIRKHAM
272 N. W. 111th TERRACE
Mr. LuBien included in Members packet a plot plan showing the applicant's
swimming pool. He indicated that Mr. Kirkham had reed screening attached
to the chainlink fence, and when it deteriorated he attempted to attach
plywood for screening, but was stopped, to obtain a.permit and for approval
by the Planning & Zoning Board, since the code states, no attarzhments.
In discussion, it was determined the detail drawing is inaccurate. Members
concurred there are serious problems with the use of a.plywood fence mainly,
that it does not comply with the South Florida Building Code.
Mr. Kirkham suggested his alternatives (a picket fence or an outer fence),
utilizing the existing poles imbedded in concrete. None of the suggestions
was appropriate. A fence construction must comply with the code before a
permit can be issued. Mr. Kirkham stated he needs the additional fence
height and screening for privacy, protection for his dogs, and to prevent
children coming down the alley from going over the fence into his
pool.
There was much discussion concerning harmony, compliance with the Miami
Shores Village. Code and the South Florida Building Code, also duplicate
fencing was discussed. Mr. LuBien indicated that the sketch is the closest
he could find to a site plan,in the file and so included it in the packet,
also informing Mr. Kirkham, it is his responsibility to provide a survey of
his proposal for Members to review. The better alternative for Mr. Kirkham
is to do away with the 4' chainlink fence and build a 5' wood fence to fit
his needs.
Mr. Laubenthal moved to deny the request from plywood.application to the
existing 4' chainlink fence on the grounds 1. lack of conformance to the
harmony .clause, 2. lack of acceptable detail and compliance with the South
Florida Building Code. The motion was seconded by Mr. Chambers. After
further discussion, the motion carried unanimously.
Mr. Fernandez and. Mr. LuBien explained the Board's decision ,to Mr. Kirkham,
and his right to appeal to the Village Council, further to the court system
if he is unhappy with this decision.
4. REQUEST FOR APPROVAL FOR. REROOF. WITH SHINGLES
TAYLOR ROOFING
54 N. W. 100th TERRACE
Mr. LuBien explained, this house is in the hands ofa mortgage company, and
the roof must be repaired.. before the house can be. sold.., The structure is
critical. There was an existing asphalt composition shingle roof. Enclosed
in Member's packet was a letter from James J. Nunn, Architect, stating the
.roof. structure will not support cement roof tile, and replacement with the
lightest possible roof covering was recommended.
Mr. Laubenthal moved. to ..approve. the request to reroof.with shingles. The
motion was seconded by•Mr. Chambers, subject to color.. of shingles. Mr. Sharpe
of Taylor Roofing. indicated it will be the same color as the original. The
motion passed unanimously.
PLANNING & ZONING BOARD
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5. REQUEST FOR APPROVAL OF PLANS FOR POOL SCREEN ALTERATION
DENNIS B. FREEMAN
1269 N. E. 99th STREET
This item was moved. to later in the meeting to give Mr. Freeman an
opportunity should he be late. Motion was made.. by Mr. Laubenthal,
seconded by Mr. Chambers, and passed unanimously.
6. REQUEST FOR APPROVAL
T. MA & T. LIU
N. E. 2nd AVE &
(Lot 14 & Pt of
OF PLANS FOR NEW RESIDENCE.
103rd STREET. (N. E. CORNER)
13, BLK 119, M.S. Sec 5)
Mr. LuBien indicated the required code setbacks are 25' front, 10' side and
15' in the rear. The setbacks provided are as follows, front'15', side
50' & 19 % and rear 14%. Variances/Excep.tions.are required because setbacks
and facing do not conform.. Further he .noted the house can face N. E. 2nd
Avenue as it is designed.
Mr. Gonzalez, Architect noted the owners most definitely want this house to
face on N. E. 103rd Street for a number of reasons. They do not want the
entrance on N. E. 2nd Avenue. He indicated the design. can remain as is and
they can use a N. E. 2ne Avenue address.
A great deal of discussion followed, as Members reviewed the plans. An
ambiguous front cannot be created. Mr. Ma and Mr. Tom Liu spoke in defense
of the architectural design..
Mr. Fernandez requested that matter be brought to the attention of Mr. Fann,
the Miami Shores Village Attorney, for his opinion, and also brought to the
attention of the full Planning & Zoning Board for review.
Mr. Laubenthal moved to table the request for a new residence to the next
meeting, seconded by Mr. Chambers, and passed unanimously.
5. REQUEST FOR APPROVAL OF PLANS FOR POOL SCREEN ALTERATION
DENNIS B. FREEMAN
1269 N. E. 99th STREET
Mr. Freeman nor a representative showed up for the meeting. Mr. LuBien
requested each Member go by and take a good look at this wall. The pool
is on the front and a decorative screen was requested and did exist, but has
been covered up. A complaint was received.
Mr. Laubenthal moved to table the request for the next meeting, because of
the unusual condition. Motion seconded by Mr. Chambers, and carried by a
unanimous vote.
7. REQUEST FOR APPROVAL OF COLOR
TONY ROMA'S
9005 BISCAYNE BLVD.
Discussion ensuedyas Members determined to.make this an agenda item.
Mr. Louis Vargas was at the meeting and Mr. Fernandez explained the voting
procedure to him. He wished his request be heard.
PLANNING & ZONING BOARD
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Mr. Laubenthal moved to add the request to the agenda, seconded by
Mr. Chambers, and passed unanimously.
Mr. Vargasexplained the restaurant chain is spending considerable amount
of money on repainting all its' stores in keeping with the logo color
scheme, and new landscaping. The requestis to paint the sides and rear
an off white, the trim and top a golf green, and roof tile a golf green.
Mr. LuBien called Members attention to Pg 1570, Sec 225, sub paragraph 3,
of Miami Shores Village Code of Ordinance, which states color must be
impregnated in the tile. Painting of the roof tile opposes the code.
Discussion continued., concerning leaving the tile brown, as is, the other
colors being appropriate. Mr. Vargasindicated he could contact his
Corporate office tomorrow morning and will call Mr. LuBien immediately
regarding the result of their conversation.
Mr. Laubenthal moved that the application as submitted, requesting the
approval of painting the tile roof a golf green, be denied. Mr. Chambers
seconded the motion, which carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 9:25 P.M.
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