01-11-1990 Regular MeetingMIAMI SHORES VILLAGE
January 11, 1990
A regular meeting of the Miami
was held on January 11, 1990 at the
was called to order at 7:35 P.M. by
members present; Richard M.
Also present:
Shores Village Planning & Zoning Board
Miami Shores Village Hall. The meeting
Chairman Fernandez, with the following
Fernandez, Chairman
Terrell F. Chambers, Jr.
Robert E. Cook
Thomas Laubenthal
Larry T. McClure
Frank LuBien, Director of Building & Zoning
1. MINUTES - December 14, 1990
Mr. Fernandez requested the minutes be amended to reflect that Mr. Chambers
was not present when the meeting was called, but arrived tardy. Mr. McClure
moved to approve the minutes as amended, seconded by Mr. Laubenthal, and
passed unanimously.
2. REQUEST FOR APPROVAL OF PLANS FOR SWIMMING POOL
ESSIG POOLS INC
10305 NE 2nd AVENUE
Each Member received a copy of the minutes of the meetings when the address
and elevation were discussed, and approved, after considerable discussion,
as N. E. 2nd Ave. CN. E. 2nd Ave is the front of the house).
Mr. LuBien noted this is an unusual request for a pool.in the front yard.
The drawing submitted complies with the 25' front setback in order to comply
with the requirement of a 4' high minimum safety barrier around the pool.
No variance is required at this time.
Mr. Grant Hart of Essig pools stated, he had been requested to make up the
drawing as submitted, there is no other place in the yard to put the pool
and spa, which will also be installed. The sale of the house is pending,
contingent on the application being approved for this lap pool.
Mt. LuBien indicated there are three other houses in Miami Shores where
the pool is in front of the house, however in each case the house has an
L configuration and the pool patio is in the front, there is no pool patio
here, only the pool.
In response to Mr. Cook's request for time to study past minutes, Mr. Fernandez
explained the configuration, the consultation with the Village Attorney, and
N. E. 2nd Ave is the front of the house.
Discussion continued on the issue.
Mr. McClure noted the owner & architect insisted on changing the address
and now he must live with that decision and the consequence. He cannot
imagine, in this instance, allowing a pool in the front of the house.
Following further discussion, Mr. McClure moved to deny the application,
as submitted, seconded by Laubenthal, there being no further comments,
the motion carried unanumously.
PLANNING & ZONING BOARD
-2- 1/11/90
3. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE
WILFRED PIERRE
24 NW 109th STREET
Mr. LuBien noted that Mr. Pierre has an open porch and a garage which
face the rear of the property, that he wants to enclose. There is no
problem with the roof configuration.
Members reviewed the plans, asked questions., and discussed at length the
plans, floor plan, and the corrections. Mr. Pierre agreed he will work
with the architect to correct same.
Mr. Fernandez suggested the same standards apply to garage enclosure in
the rear as in the front. The driveway strips must be cut back at least.
5' and properly landscaped. The south elevation was included in Members''
packet and Mr. Pierre gave assurance he will comply. Also Members con-
curred all requests for garage enclosure must be accompanied by plans
sealed by a certified architect or engineer.
Mr. Laubenthal moved to approve the request for enclosure, conditional on
Mr. Pierre getting with Mr. LuBien to resolve the details as discussed.
The motion was seconded by Mr. Chambers, who stated the architectural seal
be included on the drawing, it was stipulated, this will be covered under
Administrative conditions, the motion passed by unanimous vote.
Mr. Pierre was welcomed to Miami Shores and thanked for upgrading his home.
Mr. Laubenthal made a motion to include item #6 Discussion -Appropriate Use
Permitted in the "C'" District, (between N.E. 6th Ave and 96th St. parallel to the
railroad track). Mr. Cook seconded the motion which passed unanimously.
Mr. McClure moved to add ./4-B to the agenda, Discussion -Public Workshop -Compre-
hensive Plan. Motion was seconded. by Mr. Laubenthal and passed unanimously.
4. LAND DEVELOPMENT. CODES
ROBERT K, SWARTHOUT, INC
STEVEN PITKIN
Mr. Pitkin noted that at the last meeting he had agreed to provide the
Village with 1. A disc of the Comprehensive Plan, which he gave to the
Secretary for later review. 2. A prep zoning map, which was given to
Mr. LuBien for review and discussion of any problems or corrections, and
3. Changes to the Land Development Code, as suggested at the last meeting.
He is requesting feedback tonight and schedule of a Public Hearing. The
schedule for Planning & Zoning approval is the end of January, and Council
by the end of. March. The highlights were touched on at the last meeting.
There were four (4) issues of particular concern to the Board.
PLANNING & ZONING BOARD
-3- 1/11/90
Mr. Fernandez commented there are two items of concern to him. 1. Sec 202A -
Adult Congregate Living Facility, as addressed on page 2 also on page 5
Pro Planned Ofc/Residential District addressed under 2.and where these might
be located. In response to Mr. Fernandez query concerning the Pro Ofc/Res
District being on N. E. 2nd Ave to 103rd St., Mr. Pitkin advised it does not
have to be addressed at this time. The text will be in the ordinance and
when that text is applied to the building map is secondary. There are other
means by which this can be accomplished.
The Village Attorney shall review changes, policy questions for Planning
& Zoning on Office/Residential District are addressed on page 5. Mr. Pitkin
indicated paragraph 2 is taken word; for word from the present code. Consid-
erable discussion ensued concerning the listing manufacturers' agents and
their having a wharehouse, and the use of the word bonds. It was determined
these two items will be scrutinized and resolved at the Public Hearing.
In response to Members comments, concerns, and questions concerning page 2,
Sec 202A - Adult Congregate Living Facility and Sec 210A - Community
Residential Home, Mr. Pitkin noted these are state mandated, they must be
written into the plan. There was considerable discussion on these 2 items.
Mr. Fernandez: noted as a social item, it is a fine endeavor, as a property
owner he doesn't want it next to his house. Mr. Pitkin further noted in the
case of ACLF there is more control than with the CRH. Mr. Fernandez noted
the only area in Miami Shores suitable for ACLF is north on Biscayne Blvd
at the bridge, the west side of the street where the Motel property is
located. Another question raised was, does the CRH section shelter code
violators? The HRS licenses these homes, and much depends on how rigourous
they are. Discussion continued on regulations of CRH, occupational licens-
ing, number of baths per septic tank, commercial operation in a residential
zone, and limitation of number of persons living in the home. Mr. Pitkin
will check with HRS concerning Licensing requirements before the Public
Hearing.
Mr. LuBien suggested the Public Hearing on Land Development and Zoning Code
be held on February 8, 1990. Following discussion, this date was approved.
4-B It was noted Public Workshop -Comprehensive Plan will be held on January 25, 1990.
Council will take no action at this time. The Comprehensive Plan is to
be reviewed to determine how it applies to this date, and suggested changes
may be accepted.
A five (5) minute break was taken at this time.
5. DISCUSSION - BASKETBALL GOAL
Mr. Fernandez gave a bit of the background for this being on the agenda.
Mr. McClure commented it has come up numerous times for discussion, and
always tabled. At the last meeting he passed out a printed handout to
Members and requested comments under headings for the purpose of sending it
to the Village Attorney for the purpose of writing an ordinance. Mr. Cook
•
•
PLANNING & ZONING BOARD
-4- 1/11/90
suggested Members begin with page 1 and go through the headings page
by page. Mr. McClure noted the heading Basketball Goals would be added
to Sec 516(f), Sub Paragraph 1 through . 1. Definitions listed
a. Basketball goal, b. Basket height. 2. Location listed a. Front yard
and b. Rear yard. 3. Diminsions. A. Front yard, b. Rear yard. 4. Material.
a. Backboard, b. Basket, c. Support structure. 5. Color. a. Backboard,
b. Basket, c. Siixpport structure. 6. Number. 7. Anchorage. 8. Permit
Required. 9. Maintenance. Finally changed for the Schedule of Regulations:
Add under Accessory Buildings. A11 Members contributed comments and
discussion. Much discussion continued on pole mounted in the front yard.
Included under the heading Location (2.): No ground mounted pole shall be
permitted.
Mr. Laubenthal moved to send this draft to Mr. Fann, Village Attorney for
proper verbage, and to place in ordinance form, seconded by Mr. Chambers
and passed unanimously.
6. Acceptable use for "C" Zoning on N. E. 6th AVE.
Mr. Laubenthal introduced discussion on this item. He stated he had re-
ceived a request and interpretation of what he had read on page 1583 and
page 1584 of the zoning code book. He was advised that if an item is not
specifically defined, it is not permitted. There was discussion concerning
a veterinary clinic moving into the area, and discussion continued concerning
a veterinary clinic versus a veterinary hospital. Mr. Laubenthal was ad-
vised that no decision can be given to him without a formal request and an
application.
There being no further business, the meeting. adjourned at 10:40 P.M.
'cr ary