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10-12-1989 Regular MeetingMIAMI SHORES VILLAGE OCTOBER 12, 1989 A regular meeting of the Minimi Shores Village Planning & Zoning Board was held on October 12, 1989 at the Miami Shores Village Hall. The meeting was called to order at 7:35 P.M. by Chairman Fernandez, with the following members present: Richard M. Fernandez, Chairman Terrell F. Chambers, Jr. Robert E. Cook Thomas Laubenthal Absent: Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - September 28, 1989 Corrections were called for in the minutes, under #2 - next to last sentence plans was scratched. #4 - Mr. McClure not Mr. Cook inquired as to building materials. #5 - Mr. McClure's calculations should be included. Mr. Cook's comments for the record: This approval is not granted for setting a precedent, but because of the 1956 approval. The presentation was complete and included all four criteria for a variance request. This is a unique circumstance. #8 - Blue Book printed by Downtown Revitalization Board, submitted by Ms. Witte. #10 - 51 % of and two rescinded signatures not petitions. Mr. Coop also commented he does not recall being the person to second a motion, or make inquiry in a couple of instances. Mr. Laubenthal moved to accept the minutes as corrected, seconded by Mr. Cook, and passed unanimously. 2. REQUEST FOR APPROVAL OF VARIANCE TO HEDGE HEIGHT Margaret Keller 1238 NE 98th ST Mr. LuBien introduced the request. He noted this is a request for a variance for a hedge in violation, and non conforming. It comes to the Board as a result of a citation issued by the Code Enforcement Officer. Mr. Christopher Kelley, Attorney representing the Keller's, outlined the letter he wrote and each Member received a copy of.. He states they are requesting a hardship variance from 31/2' hedge height limit in the front yard. The row of Australian Pine trees in the front, planted 3 to 5 feet apart were in place when the property was purchased in 1958. Pictures were attached to the letter and additional pictures were reviewed by the Members. He read from the Miami Shores Village Code of Ordinances, Sec 219, definition of hedge, and questioned if the Australian Pine Trees could be identified as a hedge. Further, Mr. Kelley stated the trees enhance the appearance of the neighborhood, the situation is unique and the Keller's want to continue to maintain the property as for the past 30 odd years. The trees if cut would certainly harm landscaping and forgo the intent of the Ordinance for safety and site level. Mr. Kelley also addressed the four criteria for a hardship variance. Mr. Kelley was asked, and again outlined Sec 702 Cc). PLANNING & ZONING BOARD -2- October 12, 1989 Bruce Keller, son who lives on the property outlined his request, stating gardening advise was sought for a solution to their unique situation. To remove the Casurina planting (Australian Pines) is unreasonable. He presented a drawing of the proposed landscaping plan. The property has always been well kept and it is hoped shaping the trees will add to the landscape appear- ance. The permit to build was taken in 1935, and it is expected these trees were seedlings at that time. Mr. Laubenthal stated this planting may have started as a hedge, but is a series of trees, and it is clear from the photographs that if cut they will not recover foilage. The specisies has much potential, and if properly shaped it would not require a variance. It was agreed, this is a unique situation, different from other hedge height requests. Members were also advised that if tabled it will not significantly affect the Code Enforcement procedure, since 60 days was granted for com- pliance. The item could be tabled and the applicant could return with an- other proposal. As presented, Mr. Fernandezfelt he could not approve a variance and that with some work a variance may not be required. Mr. Laubenthal moved to table the request, as submitted, to allow the applicant the opportunity to do some trimming and develope his landscape plan. Mr. Chambers seconded the motion which passed unanimously. 3. REQUEST FOR APPROVAL OF SIGN REFURBISHING Viking Motel 88th Terrace & Biscayne Blvd. Mr. John Militana was the Attorney representing Mr. Thomas Lynn the prospec- tive purchaser of the Viking Motel. Mr. Militana noted this property has been in disrepair, eyesore, and seedy, and an embarrassment to Miami Shores Village. Mr. Lynn has the finances and the experience to improve and to maintain the Motel so as to conform. He is requesting that the formerly existing sign be refurbished to match the sign on the South. As clarifi- cation for Mr. LuBien it was explained the intent is for the two pylon signs on Biscayne Blvd, (one at the north and one at the south of the building) to be illuminated. The sign at the motel office will be painted, it already is illuminated. Mr. Militana further stated one of the purchase contract conditions is that the signs on Biscayne Blvdbe visible. The request con- forms with the code and is consistant with the neighborhood. Mr. Laubenthal inquired, is the sign attached to the building, and is all the tract of land being purchased? Mr. Militana advised him it is. Mr. Fernandez mentioned the sign clutter on Biscayne Blvd, and asked Members to consider this. Mr. Lynn explained the signage is important to the,survival of the Motel. It attracted undesirable element and died because the signage and motel had been neglected so. Mr. Lynn expects to spend about $200,000. to refurbish and attract a desirable clientele to contribute to the image of Miami Shores. Mr. LuBien noted, nothing in the code prohibits the signage add it is in compliance with the square footage. PLANNING & ZONING BOARD -3- 10/12/89 Motion to approve the request as submitted was made by Mr. Laubenthal, seconded by Mr. Chambers, and passed by unanimous vote. It was determined after brief discussion that, this item does not need to go to Council. 4. REQUEST FOR APPROVAL OF PLANS FOR WOOD DECK & MISCELLANEOUS ALTERATIONS Robyn Pierce 1322 NE 105th ST Mr. LuBien advised Members, this is on the agenda because it is waterfront property, and Mr. Pierce proposes a deck up to the seawall, a typical con- figuration in the rear yard, the required setback is 5', also he wishes to continue the deck wastward to extend beyond the 10' side setback. Mr. Pierce indicated he lives at 1504 but is purchasing this 8 unit apart- ment building, he will add two sliding glass doors, the deck and a fence, and central air conditioning will be installed in all 8 units. This will be his residence. Mr. Cook commented, his primary concern is the setback, but it seems that Mr. LuBien addressed this issue. Mr. LuBien added that in a couple of instances where there is a pool, the deck area has been allowed to the boat dock. Mr. Fernandez felt it inconsistant to allow the side yard setback, but can vote for the deck to extend to the rear dock. Mr. Pierce indicated he could pull in to comply with the 10' side setback, this will not present a great problem. Mr. Laubenthal moved to approve the application, with modification to comply with the 10' side setback. Motion seconded by Mr. Cook and passed by a unanimous vote. 5. REQUEST FOR APPROVAL OF PLANS FOR ALTERATION Pizza Hut 8900 Biscayne Blvd Mr. LuBien advised Membersthat there will be no significant changes to the exterior of the building, nor are there any problems with signage. He brought it before the Board primarily for harmony purposes. Mr. Militana owner of the property advised, this will be a Pizza Hut hallmark store to compete with Domino's pizza. Pizza Hut is owned by Pepsi Cola, and the property will be well maintained and an asset to Miami Shores. Mr. Stanley Ross, Construction Manager for Pizza Hut advised, this will be primarily a delivery establishment. There may be some pick up, the seats outside are for people waiting for this purpose. Members .looked at a prepared color rendering of the exterior remodeling. In response to query, he advised the Board, the canopy color will be red. Mr. Cook moved to approve the plans for alteration as submitted, seconded by Mr. Laubenthal, and passed unanimously. PLANNING & ZONING BOARD -4- 10/12/89 6. Mr. Fernandez noted Members had been requestedto address the question of signage on Biscayne Blvd. Nr. Laubenthal suggested that the Board may ultimately revisit the sign ordinance with a broader perspective. This shall be a look at overall signage. 7. Mr. Fernandez recommended, the next agenda include Discussion -- Basketball Hoops and Discussion - Revitalization Board. The meeting with whatever cases to be determined will be held in Chambers, and then Members will proceed to the Village Manager Office/Conference Room for the discussions. 8. BUSINESS DEVELOPMENT COMMITTEE Mr. Laubenthal as the representative from Planning & Zoning Board on this Committee reported. The meeting was held on October 10, 1989. A look through the Code Book was made with an eye on some inconsistancies. He explained the C district which Members were,unfsmi.liar with. Prohibited uses was discussed, and there was brief discussion of parking ratio. Also discussed was the B-1 District, Sewer issue, and 3 & 4 story structures. More significant buffering, development support, and property on Biscayne Blvd which has not reached its potential also was discussed. Consideration of the surrounding Dade County Plan was mentioned. The Committee has a dedicated 90 day life, and it is expected to focus on a different subject each meeting. The meetings are scheduled for each Tuesday, 7:30 P.M., at the Community Center. There being no further business to come before the Board, the meeting adjourned at 9:10 P.M. App roved d Fernand:!" , Chair •