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04-12-1990 Regular MeetingMIAMI SHORES VILLAGE April 12, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on April 12, 1990 at Miami Shores Village Hall. The meeting was called to order at 7:30 P.M., by Chairman Fernandez, with the following members present: Richard M. Fernandez, Chairman Thomas Laubenthal Terrell F. Chambers, Jr. Absent: Robert E. Cook, who previously announced, he would be on Larry Mc.Clure, due to family illness. vacation. Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - MARCH 22, 1990 Minutes of the meeting of March 22, 1990 were approved, by a motion made by Mr. Laubenthal, seconded by Mr. Chambers, and carried unanimously. 2. REQUEST FOR APPROVAL OF VARIANCE TO ALLOW CONSTRUCTION ON TWO FIFTY FOOT LOTS BOB DENTON, 350 GRAND CONCOURSE LOTS 6 & 9, BLK 54 MIAMI SHORES SEC 2 Mr. Fernandez introduced the case stating, this request has come before the Planning Board on two previous occasions. Mr. Fann, Village Attorney was requested to come to this meeting to give a legal opinion concerning the request, since this Board is not so empowered. Mr. Fann noted that, it is his opinion that the Planning Board may not entertain a request for a variance since there is no application for a buildingpermit to consider. In reply to query he noted it is incorrectly before the Planning Board. It was his suggestion that the Planning Board pass on the item as being inappropriately premature. Mr. Denton said he was unfamiliar with the procedure, he is simply request- ing a written statement from the Village that the 50' lots are buildable. He wants to establish this fact, because he had been advised by prospective buyers, they had been told the lots are not buildable. Mr. Denton was then advised by the Board that the Village Attorney has issued an opinion, and the Board cannot act on the item, at this time. Mr. Fann further advised Mr. Denton, he is not in a position to give him anything in writing. He advised Mr. Denton that he should consult his own legal counsel concerning the matter. Neither he nor anyone on the Planning Board can help. Mr. Laubenthal made comments concerning the statements already made. 2A. Mr. Fernandez also requested Mr. Fann, while present, to clarify his position concerning Sec 523 of the Miami Shores 'Tillage Code, subject matter appealable to the Village Council. This request was in response to an item appealed to Council on house color. Mr. Fann advised that, at the request of Planning & Zoning he has reviewed the ordinance, Sec 523, Further, his opinion to Council was a literal one, and after re -reading the entire ordinance, there is a special provision for this appeal as provided in Article VI. He advised Members that he had erred PLANNING & ZONING BOARD -2- 4/12/90 with reference to color. He will recede his opinion to Village Council, and now finds himself in a position where he must reverse himself. There are two provisions for appeal, one on misinterpretation, and one on a hardship variance. The gentleman was properly advised, the Council should be given the opportunity to hear the appeal. In response to query, concerning review of this section with special att n - tion to provide more difinitive , la -Th regard to color, Mr. Fann advisedlanguage the Planning Board, barring the establishment of an architectural review board or persons of special qualifications, the system should be left as it now stands. Mr. Fernandez expressed deep appreciation for Mr. Fann's appearance at the meeting. 3. REQUEST FOR APPROVAL OF GARAGE ENCLOSURE PLANS DAVID BLAIR 1250 N. E. 93rd ST Mr. LuBien introduced the case. Included in Members packet were drawing showing the front of the house, and room interiors. The garage is on the front of the house with carport in front of that. Mr. LuBien noted the most unusual thing.is the driveway approach to a double configuration. Members reviewed larger plans, signed and sealed by the architect. Mr. Fernandez explained Members scrutiny of the plans for garage enclosure, and the reason for this. Mr. Blair noted, it's a simple basic enclosure, part of which was done before he bought the house and moved in, he is unable to use it, as it exists, and wants to upgrade with finishing touch. Mr. Blair pointed out the doors, the kitchen, and bath on the plans.. He also stated he has a handicapped daughter who requires live in help. If he cannot have the enclosure it would be more economically feasible to revert to a garage. There was considerable discussion concerning the private exit and.egress. Members concurred a standard must be maintained. It is unusual to have direct access to the outside. An alternative should be found. Mr. Fernandez suggested that perhaps, Mr. Blair would rather withdraw his request rather than have it denied by the Board, and this was the avenue Mr. Blair chose. 4. REQUEST FOR APPROVAL OF VARIANCE TO PERMIT SMOOTH ROOF BARRY UNIVERSITY SPORTS CENTER 11300 N. E. 2nd AVE Mr. LuBien introduced the request, stating it is a variance to Sec 225(f) of the Miami Shores Village Code. Barry University feels this building is not necessarily covered by the intent of the ordinance. It is a unique structure and a unique situation. The roof proposed is reported to be a better roof. In built up gravel the ballast is heavier because of the weight of the rock. This proposed roof would be lighter. PLANNING & ZONING BOARD -3- 4/12/90 Mr. Laubenthal recalled review of the set of plans for the Sports Complex, drawings of the roof were specific, and there was extensive discussion concerning same by Mr. McClure. Questions at the time of approval concerned, height, peripet, slop, visibility and built up gravel was approved on the site plan. The four criteria for a variance cannot be met. Mr. Bruce Randall, Stanmar Inc, noted he also represents Barry University, spoke very highly in favor of the Hypalon smooth surface. Very little, if any, can be seen. It is mechanically fastened, and much lighter than a built up gravel roof. A letter from Kevin O''Marah, included in Members packet, stated the design satisfies the South Florida energy requirement, and the white surface is aesthetically pleasing. Mr. George Wallick, President of GRI showed Members a sample of the roof system. He described the roof and the hot air weld process used in its application. He further noted it is used by K Mart, Burdines, Sears stores among other commercial applications. It is a better value, longer life expectancy, and superior warranty. Mr, Fernandez noted, he is concerned by the breach of trust by the University, Mr. McClure asked basic, relevant questions at the time approval was granted, Economic justification is not one of the criteria for hardship variance. The unique condition is, it is a gymnasium, this is a superior item, but we can't rewrite the code, precedent cannot be set. New building products must be addressed, but we must also be consistent in our charge. Mr. Fernandez made a strong recommendation that this item go to Council. He further noted he must regretfully vote no. Mr. Chambers moved to deny the request, seconded by Mr. Laubenthal, Mr. Laubenthal in reply to query from Mr. Randall, stated the motion is based on the code as written, this is not a permitted material, The question was called, and the motion passed unanimously. Mr. LuBien explained the right to appeal to Council by Barry University. Mr. Laubenthal moved to amend the agenda, to move item #6 to 5 so that Mr. Stephen Pitkin might be excused earlier. Mr. Chambers seconded the motion, and it carried unanimously. 6. DISCUSSION - LAND DEVELOPMENT USE ORDINANCE Each Member received in his packet a memorandum from Mr. Pitkin, dated March 20, 1990. Subject of the memo was the Group Home Provisions. Mr. Pitkin noted attached were revised provisions, he drafted that, a) stay within the State statue, but b) spell out more difinitive regulations, The Ft. Lauderdale provisions, previously mentioned, do not meet the new State statue and cover many additional kinds of facilities not mandated by the statues. Mr. Pitkin passed out copies of the State definitions. There was considerable in depth discussion on these revisions to ';age 6 Division 13, Section 532 and Mr. Pitkin explained each change, (a.. He noted that some PLANNING & ZONING BOARD -4- 4/12/90 safeguards.were added, and in (c)(1) some things extracted from HRS licensing requirements were added. (c)(2) the physical plant specifics are noted. Mr. Pitkin also addressed page 3 and 4 of his memorandum, and the difinition sheet, specifically mentioned were the mentally ill, and the children. Mr. Fernandez again wished to go on record as stating that, anyway we can go about the business in making this as tight as we can Ism in favor of doing so, regardless of what the State statue says. Discussion continued then concerning proper procedure for the re- vised provisions, technical assistance grant, extension granted, and the date for Public Hearing. It was determined by Mr. LuBien that a minimum fifteen day public notice is necessary. The hearing date may be April 26 or May 10, before it is passed back to Council. It is requested that Mr. Pitkin attend, and MX. Fernandez requested the item be placed to the front of the agenda. A short recess was taken at this time. 5. DISCUSSION - HOUSE COLORS - MORE SPECIFIC PARAMETERS Mr. Fernandez noted, this is on the agenda at the direction of Council Members who upon the matter of permit denial for house color, requested the issue be readdressed. Considering the fact that Mr. Fann will reverse his opinion to Council, Members may change their view. He did however, open for discussion on house color, in view of the request. Mr. Laubenthal advised he has observed the applicant brought problems on himself when a permit is not applied for. He sees no need for a color wheel or change. The system in place has served us well. Fashion and technology change. Harmony is the main point. Mr. Chambers stated he concurrs with all of Mr. Laubenthalt's comments, and feels harmony is the very important issue. He sees no need for change in the system or color wheel. Mr. LuBien noted that, most problems arise when painting is done without a permit. Mr. Fernandez concurred, the problem arises from lack of a permit. It is usually reaction to a complaint.. Council asked the Planning Board to address the color wheel, further this was discussed at length by the pre- vious Planning Board, comments by Mr. Fann that a good system is in place. Mr. Fernandez also noted, we have a good law which works and he is not in favor of adopting a color wheel. 7. DISCUSSION - BUSINESS DEVELOPMENT. COMMITTEE FINAL REPORT Members received in their packet a copy of the Final Report of the Business Development Committee, and also a copy of the Task Schedule and Matrix Chart which indicates the responsibility of several departments in the Village. PLANNING & ZONING BOARD -5- 4/12/90 Mr. Laubenthal opened discussion, stating the responsibilities of the Planning & Zoning Board need to go through the full process of Public Hearing and the Board needs to work on the code, prioritizing its respon- sibilities. On the Matrix Chart 3, Review of Parking Regulations was discussed, Discussion concerning page 10 - 2 of the report took place. Mr. LuBien advised this item needs to be addressed posthaste. Mr. Fernandez indicated the reports are recommendations from the Business Development Committee. Areas of responsibility and discussion are primarily for Village Staff and the Planning & Zoning Board. In his discussion with Gail Macdonald arose what can and connot be done. Be referred to the memo of March 22, 1990 from Ms Macdonald which indicates the recommendation for a Special Workshop meeting with the Village Administrative Staff and Planning & Zoning Board Members would attend. He then suggested, Mr. LuBien coordinate the workshop meeting with Gail Macdonald and the Members reserve comments for that time. Following discussion, it was decided that Tuesday, May 8 would be a good day, assuming it coordinates with other peoples schedule. 8. DISCUSSION - SEWER PLANNING Mr. Fernandez noted we are short staffed on the Board as Mr. Cook advised at the last meeting that he normally takes his vacation at thistime. Mr. McClure has serious family illness, and unable to attend. Mr. LuBien indicated that a member of Council has instructed him, they want Planning & Zoning to concentrate on N. -E. 2nd Ave. Mr. Fernandez discussed at length thecharge given to Planning & Zoning. It has been indicated that the Planning Board is dragging its feet. However, as a planning function Members can't look at N. E. 2nd Ave alone, Numerous items must be considered. A two week time frame is out of the question. Further, Mr. Fernandez outlined some of the problems on N. E. 2nd Ave, and asked the question, what direction will downtown area take? We continue to hear the need for a first class restaurant, but who is coming forward with a request? Retail is not working. Professional Services should be considered as alternative. Economics must be considered. He mentioned concurrency issue and asked, What is the GOAL?? Sewer planning, at this time is ill advised. Mr. Laubenthal concurred with Mr. Fernandez indicating a professional planner can define the Goal. What is the feasibility of the project? County may pre- dict the cost, but what about the reservation? The approach must be more positive for the benefit of all residents, and to keep 2nd Ave alive. Mr. Chambers indicated that cost is not one of the criteria for granting a hardship variance. A public meeting with residents present, and with reasonable feedback is an important first step. Are sewers better for the enviroment than septic tanks? Downtown cannot compete with the Malls for retail business, This item will be re -addressed at the next meeting, • • PLANNING & ZONING BOARD -6- 4/12/90 9. Members indicated a desire to attend the Planning Workshop on Saturday, April 28, 1990, 8 - 2:30 P.M., $40.00. Mr. LuBien noted the Village will pay the cost for any Member attending. The meeting adjourned at 10:20 P.M, 43v cr ary