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03-08-1990 Regular MeetingMIAMI SHORES VILLAGE March. 8, 1990 A regular Meeting of the. Maori. 8hox'es-Walage. Planning & Zoning Boaxd was held-Onllardh 8, 1.99_-0 at 1'Ji;a Shores:Village Hall. The meeting was called to order- at 61:40 P,1ai, By Chairman Ternande.z, with the following members present: Richard tai. Fernandez, Chairman Thomas LauBenthal Robert E. Cook Absent: Terrell F. Chambers, Jr, :Si Larry T. 'McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - February 22, 1990 It was determined that since there were only three members present and one of the members was absent at the last meeting, the minutes could not be approved. Members present will refrain from confirmation and the minutes of the meeting of February 22, 1990 will be sent to Council as draft minutes, pending approval. 2. REQUEST FOR APPROVAL OF VARIANCE TO ALLOW CONSTRUCTION ON TWO FIFTY FOOT LOTS BOB DENTON Lots 6 & 9, Blk 54, Miami Shores Sec 2 Included in Members packet was a note from Mr. Denton requesting a variance, copy of the Schedule of Regulations, regulating permitted uses and lot -size, Sec 404 of the Code, copy of the warranty deed for the two lots and survey showing location of the two lots. Mr. LuBien introduced the case, he stated there are two seperate and distinct lots involved, with a house on the lot separating the two. The two deeds indicate the date as transfer of the property as June 22, 1978. A variance is requested because of the wording of the Schedule of Regulations and plot size requirements. He read from Sec 404 which indicates the pro- vision for a variance. Mr. LuBien further explained that all four lots (including 6 & 9) were owned by someone other than the present owner up until June 22, 1978. The Ordinance date is August 15, 1978. Unless there are other objections of which he is not aware, he felt a variance is in order on the property. In response to request from the Chairman, Mr. LuBien brought in a copy of the tax roll showing Mr. & Mrs. Denton as the true owners of the property. Mr. Laubenthal provided Mr. Denton with a copy of the four hardship variance requirements as Mr. Fernandez read thru each provision for Mr. Denton's reply. • Mr. Laubenthal made a motion that the application for a variance, as submitted be approved, motion was seconded by Mr. Cook, Mrs. Etienne Pedinelli, 540 N. E. 96th Street, stated she lives between the two vacant lots, she raised questions concerning the date of the Ordinance change, Sec 404, and the four criteria far hardship variance. She wondered why the surrounding homeowners affected by this request were not notified. She noted that the two smaller houses to be built on each: side of her house will reduce the value of her property. She heard about this through a friend. PLANNING & ZONING BOARD -2- March 8, 1990 Mr. Denton lives at 350 Grand Concourse and stated he bought the two lots as buildable, Further Mr. Denton noted, it is not an emergency for hitt to be granted this request. With no objection from Mr. Laubenthal nor Mr. Cook, Mr, Fernandez unanimously declared the request will be tabled to the March 22 meeting, to allow time for Mrs, Bednelli and the adjoining property owners who might be affected the courtesy of being notified, and the opportunity to speak, 3. REQUEST FOR APPROVAL OF GARAGE ENCLOSURE PLANS Mark & Deborah Greenberg 502 N. E. 94th St. Mr. LuBien introduced the request stating that, the survey, elevation and floor plans were included in Members packet, He presented a full set of plans for the garage enclosure and addition on a corner lot for Members consideration, Mr. Fernandez explained to Mr. Greenberg the direction from Council to scrutinize all plans for garage enclosure. In response to query from Mr. Cook, as to the lack of stamp and seal by a'regiistered architect, he. was assured this will be required before Mr. LuBien approves same for permit, Mr, Laubenthal noted the driveway should show cut back with plants or planter to give a hat onious appearance, Mr. Greenberg explained, the house is not historically designated, it is his intention to maintain the unique character of the house, and his preference is to keep the brick as a courtyard or patio unless he had to remove it. Discussion continued on the seal, removal of the old Chicago brick driveway, and reason for the conyers.ion and addition, Also meshing of the roof addi- tion was discussed, and accessand egress of the house, Mr. Laubenthal moved to approve the request, contingent on sealed plans being provided, and the brick driveway being coordinated with Mr. LuBien. Mr, Cook seconded the motion which passed unanimously, 4. REQUEST FOR APPROVAL OF PLANS FOR ALTERATIONS AND ADDITION Saint Martha Parish 9221 Biscayne Blvd. The request was presented by Mr. LuBien who noted, the zoning is A2, the present building is 8,528 sq ft with an addition, the area to be covered over to be 7,500 sq ft.. There are 113 parking spaces provided. A small version of the plans was included in Members packet, a complete set of the tenatiye drawings was presented for review. He noted this really is not a school, in that it isn't opened during the week for classes, but catechism classes will be held on the weekend or Sunday. Normal use is a church situa- tion, with smaller offices and classrooms, and a main large room for church functions, such as meeting hall, dinners, receptions, etc. He sees no tech- nical problem, which the Board should consider in approval or rejection of the application, Further Mr. LuBien noted the site is not zoned for school or offices, The. A2 zoning is a more liberal zoning that' where the present St. 'Martha Church is, which. is residential. PLANNING & ZONING BOARD -3- March 8, 1990 Mr. Blain East oast Contract noted he is neither the architect nor the contractor, but is presenting the preliminary plans and representing the church as•a..pa' shiioner. Question was 'raised by 14r, Fernandez concerning Mr. East Ms- legal; standing and his. authority to present the conceptual plans, Father McLaughlin., Pastor of St. Marthas!' Church was present, he noted that Mr. East is the. agent for St 4arthas and presents the request because he is more knowledgeable with the verbage, Mr. East noted the offices, meeting rooms, and rooms to house children Mass and catechism classes will surround the center addition which will be used as a parish center for dinners, receptions, etc. Architectural plans will be presented after Planning & Zoning Members have made comment. The facade is the major change, a smooth clean look with no wings. There will be add- itional, improved lighting. Landscaping will be- provided as, buffer to the surrounding community. Islands will be provided in the parking areas for additional landscaping. Further, 11x. East noted, the parking spaces required is 95, 113 spaces are provided. It is anticipated that once a person parks at the church for a wedding, the car will remain there and walk across the street for the reception. Set backs have not been changed. Mr. East, advised that the guidelines of the City and the State will be complied with. Mr, LuBien responded to query that site plan approval is what the Board needs to consider. The total package is not available, at this time, the church is requesting that the conceptual plans be approved before the full plan is presented. Mr. Fernandez advised that a motion is not in order, because the Board does not give advisory opinion, however the benefit of comments from Members is available. Members concurred the issue has been well covered, this will be an appropriate use, there seem to be no problems, at this time. Mr. Fernandez advised Mr. East to submit site plans and building detail plans for Planning & Zoning Board approval at a later time, 5. REQUEST FOR APPROVAL OF UNAUTHORIZED CONSTRUCTION J'amy DeFex 1080 N. E. 104th Street Mr. LuBien filled Members in on the background of this construction, done without a permit nor any building inspections, He and Mr. Rodriguez the Code Enforcement Inspector observed the addition of the structure, it could not be accepted as there have been no inspection approvals (steel, tie beams, sod, etc.). A notice of violation was sent. Mrs. Jany DeFex stated construction was done six years ago, withfirst quality materials, She needed the space as storage and a fire exit. She further noted, she is willing to pay for a permit to keep the addition. A friend drew the plans without a seal, and an architect wrote a letter for her about a week ago, attesting to construction, Mr, Cook noted he is looking at an unsigned sketch, He cannot give validity to past construction merely on assumptions, There is no way to verify means of construction or'materials used. PLANNING & ZONING BOARD -4- March. 8, 1990 Discussion continued concerning, the, drawings do not represent what is there, an engineer 'report, the. 4" wide. addition of six years ago, Mr, Fernandez explained the size is not the issue, the problem is that no permit nor inspections were ofitained, This is an unauthorized structure, Mr. Laubenthal moved to deny the request, seconded by Mr. Cook, the motion passed unanimously. Mr. LuBien explained the Boards action to:Mrs. DeFex. He also advised her that her next recourse may be the Board of Rules & Appeal of Dade County if she wants to pursue that avenue. 5A. REQUEST FOR APPROVAL OF GARAGE ENCLOSURE PLANS Lloyd Caballero 10 N. E, 103rd Street Mr. LuBien introduced the case stating that, this item was on the last meeting agenda, it was withdrawn by the owner for lack of elevation drawings and lack of a seal by registered architect, The materials presented are still incomplete. There was considerable discussion concerning elevation drawings, Sec 904 of the code, lack of architect seal, and signature, identity of. the architect, no roof plan, no floor plan, too many assumptions. It was noted the applica- tion is faulty and non- acceptable. Nr. Caballero refuses to pay to have plans properly drawn up and submitted. It was also noted by the secretary, that the architect called once to speak with Mr. LuBien, but refused to leave his name or his phone number so that Nr. LuBien could return his call. Mr. Laubenthal moved to deny the appeal request as submitted, seconded by Mr. Cook and passed unanimously. Mr. Fernandez again informed Mr. Caballero of requirements. Mr. LuBien in- formed Mr. Caballero and Members that there is no right of appeal to the Council in this instance. 6. DISCUSSION DOWNTOWN REVITALIZATION GUIDELINES Mr. Fernandez advised the Board that he had a phone call late today from Barbara Witte, who explained she is unable to attend this meeting. Members concurred at the last meeting that, exchange with the Downtown Revitalization Board is preferrable. Mr. LuBien noted that he had conversa- tion with Ms. Witte, who requested written comments from the Board in trying to put together guidelines, recommendations and consensus of Members for N. E. 2nd Avenue. It was determined by Members that if one plans to cancel an appearance before the Board there should be nore expedient notification. Also there is excell- ent interplay, (give and take of ideas), a Unique character of'Members of the Planning & Zoning Board. It was determined not to proceed with this item, but to remove it from the agenda. PLANNING & ZONING BOARD 7. WORKSHOP - SEWER PLANNING -5- March 8, 1990 Mr. Fernandez introduced discussion, to welcome all comments and requesting Members to jump in any time, This workshop begins as the result of a wide ranging discussion by Council for the installation of sanitary sewers down N. E, 2nd Avenue business district in an effort to revise the downtown Miami Shores Village area. Substantial comments have been made by the property owners and many others, regarding this plan, and considerable discussion from Planning & Zoning on the matter. The sewer issue for N. E. 2nd Ave has now been tasked to the Planning & Zoning Board, Previous discussion by the Members have raised topics of widening the scope to entertain sewer possibili- ties for other areas. The project would have a 'variety of impacts. The review process is multifaceted. Overall Objectives & Goals will be determined this evening, Mr. Cook, a professional project planner, clarified his task, as a Member of the Board, to assist the Board in the process of organizing itself to study the planning requisitions and requirements for the possible implementation of a sewer system for Miami Shores, It was agreed that the direction from Council specifically mentioned N, E. 2nd Ave, however it was broadened by discussion of the Planning & Zoning Board to include Miami Shores area , as a broader scope, and more years down the line. Mr. Cook further commented that should he be expected to do this, it is an enormous undertaking and must be done properly, if at all. Mr. Fernandez advised Mr. Cook, he cer- tainly has the full support of this group, and if resources are necessary we need to have them to do the job right. Each Member received a copy of the Process outlined for upcoming meetings. A. On the outline for this meeting was the task force OBJECTIVE. Following considerable and extensive discussion the OBJECTIVE will be, "Evaluate the potentials for sanitary sewers within the Village of Miami Shores in order to make recommendations to Council". B. GOALS to reach the OBJECTIVE. "Analyze Impact". Economic. Character of the Community, Structural. "Growth Potential". With and without sewers for residential & commercial. "Citizen Participation" Broad participation and input of owners on N. E. 2nd Avenue and on Biscayne Blvd. "Analyze Government Requirements". Review policy and amend. Comprehensive Plan. DRI, CCCL, and DERM. "Analyze Alternatives". "Analyze Resource Requirements". Money, manpower, material. "Sewer Availibility" - "Plant Capacity". Line sizes & reservations, Location, capacity, and control. "Demographics". Utilization of building space. "Analyze Current Septic Tank Utilization and Regulation". Mr. Cook noted that additional GOALS may be discussed or added as a full Board might see fit. "TASKS" to reach these Goals was discussed, It was noted that this discussion may continue to the next meeting when all Members are present. • • PLANNINE & ZONING BOARD -6- March 8, 1990 Mr, Fernandez suggested the next fleeting will begin at the usual tilge frame of J;30. PJ , an$ that dissuasion Be. itmi'ted to one hox, Mr, Fann advised hui concerning 'outside the regular scheduled -meetings workshops, this is ok so long as there 'is agreement of three, the meeting De posted, resolution as to reason far -meeting and no decision is reached as a result of workgroup discussion. 'Mr, LuBien advised, this is not an emergency situation, and a severe burden would be placed on the secretary and staff should we deviate from the regular scheduled meeting. 14r. LuBien was advised this may not be necessary, 'Members need an opinion, in case it is, There being no further business, the -meeting adjourned at 9:45 P.M. cre axy