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06-08-1989 Regular MeetingThe regular was held on June called to order present:. MIAMI SHORES VITJ;AGE June 8, 1989 meeting of the Miami. Shores Village Planning & Zoning Board 8, 1989, at the Miami Shores. Village Hall.. The meeting was at 7:40 P.M. by Chairman,Rossi, with the following members Robert J. Rossi, Chairman Terrell F. Chambers, Jr Richard M. Fernandez Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - May 25, 1989 The minutes of the meeting of May 25, 1989 were approved,:as mailed by the Secretary, by a motion made by Mr. Fernandez, seconded by Mr. Laubenthal, and passed unanimously. 2. DISCIJSSION - ROOF DISH ANTENNA Franklin Grau Mr. Grau:gave a full explanation of the installationof the commercial dish antenna on.N, E. 2nd.Ave. He outlined the support system and installation on the center. of the roof. He indicated an extensive study was done on how to cover the antenna.from.line of. sight, from different angles. (The approximate cost to installthis satellite dish was $10,,000.). Mr. Grau described,: in detail, his six page blueprint plans indicating visibility percentages. In:response to query, Mr. Grau stated, this screening was only partially anticipated before the installation. •-His idea for screen- ing is a chain link fence with colored slates interwoven. Other solutions would cost an exorbitant $8,000, to $10,000., this,is a ridiculous amount to pay in addition.to the $10,000, for the installation. He was told the the chain link with slates could not be allowed in Miami Shores. Mr. Rossi explained that the Planning & Zoning Board decided to allow Commercial.Dish Antenna, because of Federal regulations. This was a real dilemma,.many meetings were held before the Public Hearing, submission to the Village Attorney, and fina.11y.two.readings before the Village Council before approval. The Code of Ordinance, recently adopted,. very clearly states, screening is regnired. Mr. Grau.was at several of the meetings and at the Public Hearing., he is aware of the requirement.. Unfortunately no screening plan was submitted at the time of permit. Mr. LuBien has since been directed that all commercialdish antenna installations be approved.. by the Planning .& Zoning Board. This antenna sets the precedent, and all details must be correct. The bottom line in this case is that screening is required, so what kind of screening is proposed.' There was much discussion, concerning the umbrella type dish antenna, and the large size of the structure installed. Members were told this was originally designed for the Pastoral Center on .Biscayne Blvd.. Also the antenna is higher than necessary, it could have been mounted much lower. Mr. LuBien replied to query, that no Certificate of Use has been issued. Also discussed was rooftop landscaping, and if this is a Code Enforcement issue. PLANNING & ZONING BOARD -2- 6/8/89 Mr. Rossi indicated discussion has. gone far enough, it is not the re- sponsibility for Planning & Zoning Board' Members to design screening, Members have agreed, the Ordinance as written requires screening, the applicant must come up with a plan. Mr. Grau suggested the Board revisit the. Ordinance before any action is taken, and he will investigate the camouflage rooftop umbrella antenna. His client wants to do whatever is in reason, but to spend another $10,000. or $20,000. might just as well be spent with an attorney. Mr. Fernandez moved to decline revisiting the Commercial Dish Antenna Ordinance at this time, seconded by Mr. Laubenthal, and passed by unanimous vote. Mr, Rossi then instructed Mr. Grau that with his architectural skills, he has every confidence that. Mr. Graucan come back with an acceptable plan for screening. While he greatly appreciates all the work Mr. Grau put into the study, after the fact, concerning the view from different angles, he cannot be too sympathic as Mr. Grau was fully aware of the requirements and the intent of the Code. 3. REQUEST FOR APPROVAL OF WOOD FENCE Norman Salzberg 471 NE 103 St. Mr. LuBien presented the case, stating he received a complaint about work being done, in response;to notice sent, Mr. Salzberg contacted Mr. LuBien and advised him, he is not building a fence but a hedge., the lattice work is a base for the hedge .which is an intended vine. Mr. LuBien advised him that it is classified as a fence and as such it istoo high and does not conform with the South Florida Building Code. It is 21" over height limita- tion, and the survey provided by Mr. Salzberg indicates location of the fence to be 131' beyond the property line. According to the survey the property is 75' X 110' deep': and terminates shy of the wall and before reach- ing the lake. Mr. Salzberg.is requesting the variance, he said, to.prevent a drowning in the lake, His son is 3 years old and can jump the 32" wall. He proposes to add the trellis to the wall height and then plant.vines over this. He feels this should be considered in the realm of landscaping, and not a fence. Mr. Salzberg. showed photographs of what was already built. In reply to questions, he stated, there is a Mirror Lake Home Owner Association, and the individual homeowners maintain the property around the lake. He is under the impression that each homeowner owns a pie shape piece to the center of the lake, also he incorrectly assumed the fence height on Biscayne Blvd. is 7'. He further.read a statement from the Constitution which he feels gives him the right for the structure for his peace of mind and happiness. Mr. LuBien.provided, for Members, the Plat Book indicating the Mirror Lake Sub 56-15, Mr. Fernandez noted that.,there seems to be a question of Riparian Rights. It appears this isnot a natural lake,but is man made, PLANNING & ZONING BOARD -3- 6/8/89 therefore the riparian rights which.apply to the shore holder,. do not apply to man made lakes., streams, or ponds. The survey indicates the property is 75' wide X 110' deep, and the selrettawaterAt for variance isrequest beyond the property line. There is in the Constitution the right to own property and have certain rights, however in this case we may not have the appropriate party requesting the variance. Mr. Fernandez read from the. Plat Book: "Mirror Lake....,.is dedicated to the joint and several use ofthe lots facing on said lake. The owners of said lots shall have the right to boat and fish on the.waters thereof (The key word is use not ownership). This makes ownership of the lake questionable. The deed is the determining factor and what it indicates can be persuasive in determining ownership of land. He further suggested, it may be appropriate to have a copy of the deed and a lawyers opinion as to the rightful ownership of the land before considering whether a variance should be undertaken. Discussion continued, concerning ownership of the lake, riparian rights, the deed, tax.roll, opinion as to this being a fence or landscaping, and if a variance might be granted. Further Mr. LuBien advised Members this is a Code Enforcement issue and only the Code Enforcement Board can grant an extension. Mr. Rossi noted all points are well taken. He then requested Mr. Salzberg do a little more research, the review of the deed by an attorney with his opinion, and, the opinion from Mr. Fann, Miami Shores Village. attorney, who would be invited to attend the meeting at which it is presented. Mr. Fernandez stated, Members were not aware that Mr. Salzberg had recorded these proceedings and it should be noted that the official record is that taken by Mrs. Church. 4. REQUEST FOR GARAGE ENCLOSURE Joseph F Petit -Frere 174 NW 98 St. Mr.. LuBien showed Members the complete set of plans. In response to query Mr. Petit -Frere indicated the room will be a family room. with a closet in the rear. Mr. Rossi explained the enclosure may be permitted with certain restrictions, so that Miami Shores Village can be maintained as a single family residential community, There was discussion regarding access, harmony, driveway cut back, windows, and appropriate landscaping. The owner was present, and indicated he'd have no.problem with closing up the outside door, continue the brick wall across the front, and cut back the driveway approach. Mr, Fernandez. moved to approve the request with the following..modifications: the side door must be closed permanently, the wall extended across the front, the driveway ribbons be cut back 5 feet, and grass planted.. The motion was seconded by. Mr. McClure and passed unanimously. PLANNING & ZONING BOARD -4- 6/8/89 5. Mr. Rossi announced that because of .an appeal to the Village Council by Mr. Wendelin for a skate board ramp, Village. Council has made a request that the Planning & Zoning Board address the request, since the code does not address playgournd equipment, (swing sets, slides, jungle gym, basketball hoops, etc.). Mr. Fernandez moved to add to the agenda Discussion -Playground Equipment, seconded by Mr. Chambers. After discussion, concerning the fact, this issue is very complicated and Members are not preparedtodiscuss the issue, Mr. Fernandez withdrew his motion, and Mr. Chambers withdrew the second. Mr. Rossi suggested, the Board think about it the next two weeks, and come to the next meeting prepared for formal discussion, as an agenda item. It was further suggested that other municipalities be contacted for any- thing they may have in their code regarding playground equipment, also Dade County Product approval be checked. Mr. Wendelin was present at the meeting, and indicated he will return for the formal discussion. 6. DISCUSSION - STATUS OF LANDSCAPE ORDINANCE Mr. Fernandez moved to add this to the agenda, seconded by Mr. McClure, and passed unanimously. There was some discussion about this Ordinance being complicated, and the need for some guidance to the Village Attorney. Mr. Laubenthal stated he plans to meet very soon with Mr. Fenn to give him some guidance as to Planning & Zoning intent, Mr. McClure praised Mr. Laubenthal for his efforts on this Ordinance. Every Member of the Board took part in discussion and made suggestions, he suggested the Village Attorney be invited to the Planning & Zoning Board meeting to give an update, after he talks with Mr. Laubenthal. Mr. McClure moved for Mr. Fann to be invited to the Planning & Zoning meeting to give an update on the Landscape Ordinance, after. he meets with Mr. Laubenthal, seconded by Mr. Fernandez, and passed unanimously. 7. DISCUSSION - MR. ROSSI RESIGNATION Mr. Rossi explained that he has sold his home in Miami Shores, and has rented a house outside the area until they decide what they'll do. Nothing goes on forever, and as a non resident of Miami Shores he must submit his resignation. Mr. Rossi went on to state,this:was not an easy decision, much thought went into it, he has served on the Planning & Zoning Board for seven years. All Members of the Board and the Staff were saddened by the announcement. Questions were raised and suggestions offered. PLANNING & ZONING BOARD -5- 6/8/89 Mr. Rossi gave the Secretary a letter to;.give to Mr. Johnson, Village Manager in the morning. His resignation is effective June 23. Mr. Rossi further requested the election of a new chairman be_placed on the next agenda, so that, he may have a part in the process. There being no further business, the meeting adjourned at 9:40 P.M. •