04-27-1989 Regular MeetingMIAMI SHORES VILLAGE
April 27, 1989
The regular meeting of the Miami Shores Village Planning & Zoning Board
was held on April 27, 1989, at the Miami Shores Village Hall. The meeting
was called to order at 7;35 P,M, by Chairman Rossi, with the following members
present; Robert J. Rossi, Chairman
Terrell F. Chamhers, Jr.
Richard , Fernandez
Thomas Laubenthal
Absent; Larry T. McClure
Also present: Frank LuBien, Director of,Building & Zoning
1. MINUTES - April 13, 1989
Mr. Fernandez suggested the transcript of the motion on Item #5, Discussion -
Zoning, as distributed (by the Secretary) to each Member, be shown as a
correction to the minutes of the meeting of April 13, 1989. The minutes
were then approved, as corrected, by a motion made by Mr. Laubenthal,
seconded by Mr. Chambers, and passed unanimously.
A copy of this transcript will also be made a permanent part of the minutes.
2. DISCUSSION -ROOF DISH ANTENNA
Franklin Grau
Mr. LuBien noted that Mr, Grau did inform him that he would be out of town
for this meeting. Mr. LuBien suggested the discussion be postponed pending
Mr. Grau's presence at the next meeting, so that he is made aware of Members'
questions and concerns regarding the roof top satellite.dish on NE 2 Ave..
Also Mr. McClure is absent and it was anticipated he too would like to
participate in discussion.
With this information in mind, Mr, Laubenthal moved to. table the discussion
to the next meeting for full Board participation, and Mr. Franklin Grau's
presence. Motion was seconded by Mr. Fernandez, and passed unanimously.
Mr. Rossi informed Mr. LuBien that the satellite dish seems to be function-
ing and this should not be. He requested that Mr. LuBien send a letter to
the proper persons informing them that the satellite dish cannot be used
until it is properly installed according to code, and received a Certificate
of Use.
3. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE
Ambroise Jean Batiste.
10516 NW 2 Ave.
Ms. Patience Haliburton, Prestige Consultants-Draftsperson,for Mr. & Mrs
Baptiste, noted the wish is to convert the garage to a utility room, and a
bedroom for their nephew,
Mr. LuBien noted the utility room is existing, they want to put up a partition
to make the bedroom.
Mr. Rossi expressed Membersmajor concerns regarding garage enclosures.
Residence are designed with a garage, integrity cannot be compromised when
the garage is enclosed,
PLANNING & ZONING BOARD
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There was a great deal of discussion concerning the plans as submitted.
Suggestions were made about a wing wall, landscaping, planter in front,
removal of, utility room door, and extend the partition wall across on the
interior.
Discussion continued as Members agreed they could not vote for approval as
submitted.
Mr. Baptiste was at the meeting and Ms, Haliburton asked his approval
concerning necessary changes:in•order to comply, and obtain the Boards'
approval. Ms.. Haliburton stated that she will redraw the plans showing
the full wall extended across the utility room anda. planter in the front.
Following further discussion concerning garage enclosures, Mr. Laubenthal
made a motion to approve -the garage enclosure, subject to.revised drawings
submitted for permit, with the interior partition wall being extended across
the room, and a planter in front, Mr, Chambers seconded. the motion. In
continued discussion, it was noted the revised plans will show access to the
storage area from the outside only, and the relocation of:a window will give
light to the room.
The question was called and the motion passed unanimously.
4. REQUEST FOR APPROVAL, OF GARAGE ENCLOSURE
PALOMO
174 NW 109 ST
Mr. C, Rios explained that he is a friend of Mr. & Mrs. Palomo, and he
drew the plans. Mr. & Mrs. Palomo were present at the meeting. Mr. Rios
indicated the owners added the extra bath and want to use the garage as a
den.
Mr. Rossi noted the garage dooraccess is from the alley, and this partially
solved some problems, A most important point is that a permit must be
applied for. He further explained the two fears of rental and integrity.
There is really no need for the door to the outside.
In discussion, Mr. LuBien replied to query that this is a homeowner job, and
it is underway. The owners were stopped pending approval by the Planning &
Zoning Board.
It was suggested, the. driveway ribbons be cut back, a window placed in the
rear for the sake of -balance, and the rear door be removed. Mr. Rios con-
sulted with Mr. & Mrs. Palomo.who.agreed.to the•corrections.
Mr Laubenthal moved to approve. the garage enclosure, subject to there being
no exit door, a window, installed in the rear wall for distribution of balance,
removal of 3' asphalt apron., and landscaped other than sod. Mr. Fernandez
seconded the motion which passed by unanimous vote.
Mr. Rossi requested revised drawings be submitted to Mr. LuBien for permit.
PLANNING & ZONING BOARD
5. APPROVAL OF SIGNS
R. Silverman
8817 Bits cayne Blvd,
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lir. Silverman had noplans_ and the sketches available were enclosed with
Members' packet. He stated he had just signed, a three year lease on the
space which needs extensive repairs. The property is for sale but he wants
to give the building a professional look while he is there. This pylon
which is part of:the building is also a partof his lease arrangement.
Mr. LuBien noted the sq, ft, of the lower sign as indicated is to scale and
is acceptable, The sign. in question is the large sign to be placed on the
pylon attached to the building. It is the motel sign and available.
Mr. LuBien brought it to the Board because it may be identified as an
attached/detached sign, A detached sign on Biscayne Blvd.can be no higher
than 25', the size must be .approved by the Planning & Zoning Board.
.There was considerable discussion on the issue. Mr. LuBien read from the
Code of Ordinance that section which refers to signs in B -1/B-2 zone.
(Pg 1592<-F.-(1), Mr, Rossi notedit difinitely is attached to the building.
Comparison was made to other signs in Miami Shores, and the extensive
deliberation to obtain harmony at Tropical Chevrolet, Circle K, Tony Roma,
and Militana building, In referring back to the code the larger question
now is harmony, Mr. Rossi noted it may be harmonious to the architectural
style of the building as was intended. Now the question becomes is it a
sign or architectural feature. Members reviewed photographs of other
buildings in the area, and discussed the large size of the sign further.
Members concurred they -would like to see the motel sign removed altogether.
The sq ft on the lower sketched sign is plenty big enough, a scale of
proportion should be maintained for harmony. Mr. Fernandez felt his sense
of propriety is impugned,upon by 250 sq ft of signage, it is not in keeping
with overall improvement. we want to see in the area, the sign is too big
and we haven't even discussed color yet.
Mr. Fernandez moved to deny the application as submitted, on the basis that
it is not harmonious, seconded by Mr. Laubenthal. Following continued
discussion the question was called4 and the motion passed unanimously.
Much discussion -continued. concerning sign clutter, removal of the motel
sign, smallei sign, compromise, and two faced sign; Mr. Rossi explained
the right of appeal.to Village Council. or Mr. Silverman can resubmit a plan
within size limitations. Mr. Fernandez suggested discussion be closed.
6. APPROVAL OF PLANS FOR ACCESSORY STRUCTURE
DAVID WENDELIN
53 NW 98 ST
Members received sketched drawings of -the structure. Tie side, rear and
15' from the main building .setbacks will comply if permitted. Mr. Rossi
explained this structure is unique toNiami Shoresand requested explanation
from Mr, Wendelin.
PLANNING & ZONING BOARD
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Mr. Wendelin explained to the Board that he has an older son who has about
one year to live, The twelve year old is experiencing a.great deal of
stress, and this skate board ramp was built to ease some`of his stress, keep
him home -as much as possible, and. keep him busy. He apologized for building
the ramp without a permit, he didn't know a permit was needed,
In reply to query'from,Mr., Rossi, Mr. Wendelin further stated, the ramp is
made of pressure treated plywood on a block. foundation. He further told
the Board he is in the construction business and the ramp.was built with
the help of his father; it is not tied down and movable.. Mr. Rossi ex-
plained he has a problem with the construction material deteriorating,
maintenance.of the ramp, and the danger of falling. The big problem
is construction integrity.
In discussion Members wondered if this is classed as playground equipment
or a building, the code book identifying anything with a footing as being
a structure, should it be anchored to the ground? There has been only one
complaint dealing with the construction without a permit. Mr. LuBien in-
formed Members that should the. Building Official refuse to issue a permit
the applicant has an option to appeal to the Planning & Zoning Board
which is what happened in this case.
After continued discussion, Mr. Fernandez moved to table a decision pending
review and opinion from the Village Attorney, seconded by Mr. Laubenthal.
In continued discussion, Mr-. Wendelin stated he will obtain an engineer
diagram sealed by an architect. The motion passed unanimously.
7. ORDINANCE AMENDMENT - DISCUSSION
Because this was not an agenda item, Mr. Fernandez. moved to add to the
agenda, DISCUSSION - An ordinance amending Sec 239 (a) of Article II of
Miami Shores Village Zoning Ordinance 270,...redefining incidental signs
to include signs of notice or direction displayed by any Governmental Agency;
... the motion was seconded by Mr. Chambers, and passed unanimously.
Mr. Rossi explained this is referenced to the sign to be erected on NE 96 St.
Mr. Fann expressed reservation„ and felt the sign be approved subject to
this Ordinance change.
Much discussion occured concerning Sec 239 being definitioned, a sub-
paragraph.added. If the sign is not advertising, it must be incidental.
The wording seems ambiguous with wording in Sec 504. This should be cleared
up for future definitional purposes.
Mr. Rossi. suggested Mr, Fernandez. be a one man committee to speak with
Mr. Fann, Village Attorney in an attempt to iron out questions the Board may
have. Mr. Fann may have. a.clear explanation and it can be brought back to
the Board as written,
Mr. Laubenthal moved:to table this discussion to the next meeting, seconded
by Mr, Chambers, and passed, by unanimous vote,
PLANNING & ZONING BOARD..
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Mr. LuBien, reminded Members:of the Special Bullentin distributed concerning
a one day:Seminar in June for Planning & Zoning Board Members,
There being no further business,. the meeting adjourned at 10:00 P.M.
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