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02-23-1989 Regular Meeting• MIAMI SHORES VILLAGE February 23, 1989 The regular meeting of Miami Shores Village Planning & Zoning Board was held on February 23, 1989, at 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 - February 9, 1989 The minutes of the meeting of February 9, 1989were approved, as written, by a motion made,by Mr, Fernandez., seconded by Mr. Laubenthal, and passed unanimously. 2. REQUEST FOR APPROVAL OF PLANS FOR POOL SCREEN ALTERATION Dennis B. Freeman 1269 N. E. 99th ST. Since this request was tabled at the meeting of February 9, 1989, Mr. McClure made a motion .to remove it from the table, seconded by Mr. Chambers, and passed unanimously. Mr. LuBien explained he brought this before the Board because the wall is already in place. The pool being on front of the house must be screened, however the existing wall was decorative open block, and the new wall is solid and not decorative. There is question concerning the structure of the wall. Mr. Jeff Strump, representative for Mr. Freeman, in reply to questions concerning proper representative,.indicated he is. Mr. Freeman,s nephew, he has worked with and on all the. plans, and was told he did not need an affidavit, further he can answer any questions Members might have regarding Add last sentence: the wall. Any decision change must Come:lrom Mr. Freeman, not Mr. Strump his representative. Considerable discussion followed concerning the wall structure, the plans not being sealed, harmony, and landscaping, and setbacks which do comply. • Mr. LuBien pulled the original plans which indicate the wall was built in 1967 and.was a continuous poured tie beam. Mr. Strump explained since the pool is onthe front of the house, privacy and safty are needed. The. open brick was filled in, stucco was applied, and it was painted over, The area wassoddedand landscaped. .'sprinkler system and additional landscaping will be added, and this will be maintained. The plans are drawn up by a certified architect, and if necessary he can get them sealed. Mr. Laubenthal could see no problem with the structureor aesthetics, and moved the application as submitted be accepted, seconded by Mr, Chambers. PLANNING & ZONING BOARD -2- 2/23/89 Following continued discussion regarding the need for a seal, it was noted since there is a design element or cosmetic, and the plans were drawn by an architect, the answer is not absolute. The question was called, and the motion.passed 4-1. Mr. Fernandez voted no, because he stated it is not in harmony with the neighborhood. 3. REQUEST FOR APPROVAL. T. Ma & T. Liu N. E. 2nd Ave & (Lot 14 & Pt of OF PLANS FOR NEW RESIDENCE 103rd St ( N. E. Corner) 13, BLK 119, M. S. Sec 5) Mr. Fernandez made a motion to remove this request from the table, seconded by Mr. Chambers, and passed unanimously. Mr. Rossi was updated on the orientation of the house and some discussion which took place at the last meeting. Mr. LuBien explained that he had discussed the situation with Mr.,Fann, Village Attorney, and he concurred that since the house faces the street it must comply with street setbacks. Mr. Fernandez indicated that an opinion was requested and rendered from the Village Attorney, and the Board must complywith this opinion. Mr. Albert Gonzalez, Architect stated he found nothing in the Miami Shores Village code to address this situation, he read from the Dade County code and the City of Miami code. He was advised Miami Shores Village does not allow for ;sero (0) lot line, and because the Miami Shores Village code is silent the Dade County code does not supersede. There was considerable discussion and it was noted Mr. Gonzalez's arguments are properly motivated.. A false front cannot be established, setbacks must comply, the alley is the rear of the house, the narrow side of the lot is the front, and no precedent can be set. Mr. McClure indicated he has no problem establishing N. E. 2nd Ave. as the front of the house, if 103rd St is to be the front the setbacks must6omply. The design must be in harmony with the other houses in the neighborhood. It was further noted, the plans as submitted are not favorable with Members and the Architect was challenged to redesign. Mr. Fernandez suggested, rather thancall for a motion the request be with- drawn, redesigned, and return at a later time. Mr. Rossi explained the procedure of appeai, to Council should a motion be made and request be rejected. Mr. Gonzalez chose .to withdraw his request, and return at a later time. 4. REQUEST FOR APPROVAL OF VARIANCE TO REPLACE WIRE FENCE -IN FRONT YARD WITH 4' WROUGHT IRON FENCE Jay J. Young 287 N. E. 96th Street Mr, LuBien included in Members packet a sketch of the survey showing where the wrought iron fence is placed, and a copy of the Certificate of Appropriat- ness.signed by Vivian. Rodriguez, Chairman of the Historic Preservation Board, February 22, 1989. Also each Member received a copy of the variance ordinance as it applies to houses historically designated. PLANNING & ZONING BOARD -3- 2/23/89 Mr. Young in reply to query1tated, the house is historically designated, he does own all three lots, the house being on two lots, and the pool on the other. Also, the wire fence is of varied heights. The pool and wrought iron fence are in place, The fence being on the inside of hedge. Discussion continued concerning a recommendation from the Historic Preservation Board, and modification to the other fences around the property, Mr. McClure suggested action 'be taken this evening. He moved to approve the request, since a 4' high,wire fence is being replaced and upgraded with a 4' high wrought iron fence, and since the wrought iron fence will be in harmony with the historically designated house, the motion was seconded by Mr. Laubenthal, and carried unanimously, following further discussion. Mr. Young was advised this must be approved by the Council at their next meeting, Tuesday, March 7, 1989. 5. REQUEST FOR APPROVAL TO PAINT ROOF GREEN LOUIS & DOLORES CIRROTTI 9328 N. E. 9th PLACE Mr. LuBien noted this is a white tile roof. and Mrs. Cirrotti is requesting to paint it green. He read from Sec. 225 of the Miami Shores Village code book.., which says the color must be impregnated in the tile. Mrs. Cirrotti stated she is requesting the green to blend with the rest of the house which will be painted another shade of green, futther she indicated she has noticed a number of painted roofs in Miami Shores. In discussion it was pointed.out the change of color may be attractive until it fails. Also, Mrs. Cirrotti can't meet any of the four requirements necessary for variance. Following further discussion, Mr. McClure moved to deny the request, in light of the fact there is no criteria for a variance. Motion was seconded by Mr. Fernandez, and passed unanimously. The right of appeal to. Village Council was explained to Mrs. Cirrotti. 6. Mr. McClure requested that Mr. LuBien request the Historic Preservation Board make it very clear that they approve or disapprove a Certificate of Appropriateness request (possibly:a check off), so that the Planning and Zoning Board knows exactly where they stand. Members concurred this informa- tion is important. 7. Mr. Fernandez, because of several.phone cails. he said he received, introduced discussion concerning garage enclosures in Miami Shores. This increases the number of cars on the street, a number have not been completed to look like part of the house, and this does nothing for property values. Mr. LuBien explained that the tax role resolves itself, because of the.log sent to the Dade County Tax Assessor each month. PLANNING & ZONING BOARD -4- 2/23/89 It was explained that some get by the Planning & Zoning Board. It is unfortunate that larger, families are moving into the West section, this is the least expensive means for:additional space. There is not ordinance which requires garages,. Also mentioned, the old. garage. will .not accomodate the car size of today, Further, this is not a home owner project', and it should not be so. Mr. Rossi indicated this ordinance can be reviewed. It can be requested to be placed on the agenda and discussed at a later time. More can be required than now is. 8. Mr. Rossi referred to the letter and material from Dottie Yates concerning Crime and fence heights, and her reference to the Landscape Ordinance. He requested all Members read the materials she sent them. Mr. Rossi noted the Planning & Zoning Board still awaits the return of the Landscape Ordinance from the Village Attorney. Mr. McClure noted that Mrs. Yates has requestedshe be notified when the Landscape Ordinance does come back to the Board, and this is fine with him. 9. Mr. LuBien presented for Mr. Rossi,s perusual a preliminary sketch of a request for the old Miami Shores Prep School property to become a Police Hall of Fame and Monument. There being no further business to come before the.Board, the meeting adjourned at 9:30 P.M.. Approv •