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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 Any request may be withdrawn at this time, and heard by a full Board.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 -2- 2/9/89 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 -3- 2/9/89 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 -4- 2/9/89 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. C#` eecr • J i��� &46 4/