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03-22-1990 Regular MeetingMIAMI SHORES VILLAGE March 22, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on March 22, 1990 at Miami Shores Village Hall. The meeting was called to order at 7:40 P.M., by Chairman Fernandez, with the following members present: Richard M. Fernandez, Chairman Thomas Laubenthal - Arrived at 8:10 P.M. Terrell F. Chambers Robert E. Cook Frank LuBien, Director of Building & Zoning E. McClure 22, 1990 & March 8, 1990 1. Also present: Absent: Larry MINUTES - February Minutes for neither meeting could be approved, at this time, for lack of a quorum of persons who were present at the above mentioned meetings. 2. REQUEST FOR APPROVAL OF VARIANCE TO ALLOW CONSTRUCTION ON TWO 50' LOTS BOB DENTON, 350 GRAND CONCOURSE LOTS 6 & 9, BLK 54, MIAMI SHORES SEC 2 Mr. Fernandez introduced the request stating that it was discussed at the last meeting. No vote was taken, and with no objections, the request was tabled to allow time for Mrs. Pedinelli and adjoining property owners who might be affected the courtesy of being notified, and the opportunity to speak. Mr. LuBien mentioned the Schedule of Regulations which indicates minimum plot size as width of 75'. He read Sec 404 of Miami Shores Village Code of Ordinance which has to do with Compliance with space and area restrictions as adopted on 8/5/78. This is an important section of the code dealing with this issue. It is his opinion that no variance is required by virtue of Sec 404, however this is placed on the agenda to clear up any grey area created by the Schedule of Regulations. Mr. LuBien, in response to query clarified his interpretation of Sec 404,ny 50' lot in existance at the time the ordinance was adopted is exempt from the 75' requirement. Conditions are: 1. The side contiguous property is developed. 2. The property was owned individually at the time the ordinance was adopted). Copies of these sections of the code along with a copy of the recorded deeds was in Member's packet, It was also noted that Mr. Fann concurred with his opinion. Mr. Robert Denton reiterated his remarks of the March 8th meeting, but further stating that the issue was voted on and approval was granted, at that time, Further discussion at that time was tabled because Mrs,. Pedinelli raised objection that effected property owners were not notified. He purchased the lots in 1%78 from Dr. Jesse C. McMillan as buildable. There were no restric- tions on the lots at the time of purchase. He has offered to sale the lots to adjacent property owners in an effort for an amicable settlement, to no avail. Also, Mr. Denton restated the four criteria for a hardship variance, as it relates to his request. Considerable discussion ofllowed concerning sale of the lots, buildability of the lots, continuance of the request, the variance request, and rebuttal of a vote at the meeting of March 8th. PLANNING & ZONING BOARD -2- 3/22/90 Mr, Fernandez asked for Parlimentary expert, he then noted that Mr. Laubenthal made the motion and he is not present. lir. Cook withdrew his second, at this time. Mr. Cook's interpretation of the minutes of the March 8th meeting is correct. He stated the lots appear to have been purchased prior to the ordinance going into effect. Considering the clarification of Sec 404, it is his opinion that Mr. Denton can build on the lots. He does not see that the sale to another party, at this time, would forego any privilege that was written into the Ordinance by owner- ship prior to August 15, 1978. Mr. Fernandez read a letter from Mr. Richard Baron, attorney representing Mrs. Pedinelli, requesting continuance since she is on vacation. Mr. Baron was present and withdrew this request. Mr. Kinchen, 558 N. E. 96th Street spoke. He does not feel Mr. Denton needs a variance for his request, however if he sales the property, a variance may be required. It is recorded that he is opposed to having a house on the property but can't see that the request can be contested. Ms. Browder, 500 N. E. 96th Street, has no objection, so long as Mr. Denton owns the lots and wants to develope same, but does object to another party purchase and development. Mr. Richard Baron, 1098 N. E. 96th Street, spoke as a resident and attorney representing Mrs. Pedinelli. He feels it is clear, a variance is required. Mr. Baron clarified his interpretation of Sec 404. Dr. McMullan sold a right to which he had no interest. He called attention to lot 9 and read that section which he felt deals with same. There is no permanent structure on lot 10. Should a variance be granted, the harmony of the street would be broken, Mrs. Pedinelli purchased with the reasonable expectation that the adjoining lots would not be developed. Mr. Laubenthal arrived at this time, 8:10 P,M,. Mr. Laubenthal was updated on the discussion thus far. He withdrew his motion of March 8, and will refrain from discussion or vote, at this time. Also, Mr. Baron stated that it is not conducive to build additional houses on N.E. 96 Street, two more houses with minimum lot size and minimum space. He requests the Board to consider the need for a variance, especially on lot 9. His legal reasoning is the intent of the law. The variance should be denied. Discussion continued. In rebuttal, Mr. Denton again stated, the lots axe buildable, the opinion and legality bears this out. Further, it is Mr, Denton's opinion that the variance goes with the lots. Mr. Fernandez noted, several legal issues are involved, Planning 4 Zoning is not impounded to issue legal opinions or make legal determination, The question Mr. Baron raises concerning lot 9 is a legal question. The intent and legislative history is another issue, PLANNING & ZONING BOARD -3- 3/22/90 Mr. Chambers made a motion to table the discussion and request, pending an opinion from Mr. Fann, Village Attorney. 1. dealing with permit approval, and 2. the intent of the ordiinance as applied to property owners. The motion was seconded by Mr. Cook. Mr. Denton again protested, stating the variance was granted at the March 8th meeting. The record did not reflect, nor did Members recollect a vote taken on the issue on March 8th. The motion to table discussion, was approved by a vote of 3/1, with Mr. Laubenthal abstaining, Mr. Fernandez announced this will be on the next agenda, and a ruling will be made. 3. REQUEST FOR APPROVAL OF GARAGE ENCLOSURE PLANS LLOYD CABALLERO 10 N. E. 103rd Street Mr. LuBien introduced the request. It was withdrawn twice previously by Mr. Caballero for lack of signature of a registered architect or elevation drawings. At this time, he had no comment, no objections or reservations. Members concurred that they had no problem with this request, everything now seems to be in order. Mr. Cook moved to approve the request, as submitted, seconded by Mr. Laubenthal and passed unanimously. 4. REQUEST FOR APPROVAL OF ADDITION GUILLERMO BARRIOS 966 N. E. 92 Street The request was introduced by Mr. LuBien who stated, he is submitting this request for Member's approval because of the outside exit from the game room on the proposed addition. The reason for the door is that there is no other Pxxit at that end of the building. He presented a complete set of plans for discussion. Mr. Fernandez reviewed for Mr. Barrios concerns of the Board and reason for close scrutiny. of the door at the rear. Mr. Barrios addressed the need for the additional space and the door at the rear of the house. Following brief discussion, Mr. Laubenthal moved to approve the request as submitted, seconded by Mr. Chambers, and passed unanimously. The meeting reconvened following a ten minute recess, at 8:35 P.M. . MINUTES With Mr. Laubenthal now present, the minutes of the meeting of 2/22/90 was approved, as mailed, by a vote of 3/1, Mr. Cook abstained, since he was absent from that meeting. The minutes of the meeting of March 8, 1990 were approved 3/1, by a motion made by Mr. Cook, seconded by Mr, Laubenthal. Mr. Chambers abstained, he was absent at the meeting of 'March 8, 1990. PLANNING & ZONING BOARD -4- March 22, 1990 5. WORKSHOP - SEWER PLANNING Mr. Cook reviewed for Mr. Chambers' benefit the Objective and Goals reached at the last meeting on the Sewer issue. An outline of Taskgrequired to reach the Goals was addressed. It was determined at that time that Meeting lA would be necessary to complete criteria to pursue the issue. Mr. Fernandez noted, Mr. McClure is absent due to family illness in Kentucky. Mr. Laubenthal, due to many commitments was unable to complete his task for this meeting. Also, Ms. Gail Macdonald has expressed the need for Council participation on this issue, therefore if there is discussion, it should be limited, based on these factors. Mr. Laubenthal agreed that the Board does need refinement input from Mr. McClure, and become a bit more task oriented. Even though we suffer from absenteeism,at the next meeting we must press forward. Planning however perceived, is not the place to screw up. This is not the time. Mr. Cook noted he will be absent from the meeting of April 12, due to school spring break and his vacation schedule. He is not in favor of holding up progress, he is in total agreement with Mr. Laubenthal, and in favor of limited discussion this evening. Meeting 2 will be scheduled for April, 26, There was considerable discussion, it was agreed meeting lA on sewer planning will be held on April 12. Meeting 2 on sewer planning will be scheduled for April 26. 6. Mr. LuBien read, in its entirety, a memo from the Village Manager, Gail Macdonald. Mr. LuBien further commented he will make copies of the memo withthe materials attached, and see that each Member receives a copy. It was noted and agreed by Members, the issue at had is sewer planning. Upon receipt, the memo and materials will be studied and discussed. Mr. Fernandez heartily agrees that Councils participative approach with Planning & Zoning is essential, but Council has no perception that this will take longer than a couple of weeks. Further he noted that, Ms. Macdonald as Village Manager is attempting to organize and manage so as to make presenta- tions to Council, and we need to cooperate fully with her. Mr. Laubenthal commented on the matrix chart which he made up and the signs'- ficant number of items which fall within the purview of Planning & Zoning. Some of the items will move relatively fast, some significant changes will take more planning and discussion. Other brief comments followed. Mr. Fernandez requested Mr. Fann be invited to the next meeting to give his opinion on item i2 on this agenda, and to clarify the procedure of appeal to Council. The meeting adjourned at 9:15 P.M. cr ary