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07-12-1990 Regular MeetingMIAMI SHORES VILLAGE July 12, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on July 12, 1990 at the Miami Shores Village Hall, The meeting was called to order at 7:35 P.M. by Chairman Mr. Fernandez, with the following members present: Richard M. Fernandez, Chairman Terrell F, Chambers, Jr. Robert E. Cook Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - JULY 12, 1990 There was correction to the minutes on Pg 1 - 1A, paragraph 4, and on Pg 2, paragraph 7. The minutes of the meeting of June 28, 1990 were approved, as corrected by a motion made by Mr. McClure, seconded by Mr. Laubenthal, and carried unanimously. 2. REQUEST FOR APPROVAL.. OF REPLACEMENT UNITS AND SIGNS MIAMI SHORES CHEVRON, 9601 N. E. 2nd AVENUE Mr. LuBien indicated, included in Members packet was a letter from Dave Felton, Consultant for Chevron, outlining their request and a sketch of site plan, showing the changes. He further noted his only problem with the changes is the sign, which on N. E. 2nd Ave should be a maximum of 20' in height. Members reviewed pictures of the proposed changes as presented by Karen Nagy and Dave Felton, both were present for the presentation. Mr. Felton indicated there is no problem to comply with the 20' maximum height restric- tion for the sign. He also outlined other changes to be made. Namely: The 6 old gas pumps will be replaced with 4 new multi -grade dispensers. Re- placement of the old sign, real grass will replace the fake grass, and in- stallation of a trash enclosure. Karen Nagy answered question regarding the lighting and remedies to correct lighting from disturbing adjoining residents. Other changes will include bullet proof glass, ladies room door change. The drainage basin and soakage pit will be updated, as required by DERM. It will remain a full service station with no change in the kinds of products sold. Hours of operation will remain the same. There will be no food mart or sign, the sign will be an auto facility sign. Work is expected to take about 30 days. Following discussion, Mr. McClure moved to approve the request for alterations to building, equipment, and signs, as submitted, seconded by Mr. Chambers, and carried unanimously. Members concluded this item does not need to go to Council. 3. REQUEST FOR APPROVAL OF NON -PERMITTED STRUCTURE DON. G. GERLOFF, 1350 N. E. 101st STREET Mr. Laubenthal made a motion to remove the request from the table, seconded by Mr. McClure, and passed unanimously. PLANNING & ZONING BOARD -2- 7/12/90 Mr. Fernandez reviewed the situation, stating this request is a result of observation by Mr. LuBien of a unique structure under construction. The request was tabled at the last meeting because of Members concerns about engineering stability, as well as anchoring capabilities in a hurricane, and in complying with various codes. There was discussion on how it Should be classified, (as a carport or accessory building?). It was tabled to allow Mr. Gerloff to obtain the services of an engineer to give him a structural soundness certificate as far as ability to anchor for storm potential. Mr. Gerloff noted he obtained the services of Laura Moore, Engineer. He showed Members the computer run on the structure, and plans for same. She shows the legs as anchored down to withstand 75mph winds with the cover on, and 125 mph winds without the cover. Mr. Gerloff feels he can improve on the plans since it is a custom design. Again Mr. Gerloff indicated on a huge chart board how the tie down system will work. The engineer plans pro- vided are signed and sealed. Discussion continued, and questions were asked concerning soil inspection, classification of structure, well designed appearance, specification-ok, and approved by the South Florida Building Code, setbacks are ok. In response to discussion concerning location, Mr. Gerloff noted he can accept D & C, which are acceptable, but A & B he doesn't want. Mr. Cook read from the code Sec 202, Sec 205, and Sec 209 in an attempt to further categorize the structure. Also acceptable sites for movement were discussed. Mr. McClure moved to approve the structure if all setback requirements are met when attached to the main building, will meet all distance and setback requirements when used as accessory building, and that the final hold down design be approved by the same engineer who drew up the plans. The motion was seconded by Nr. Chambers. In discussion Mr. McClure clarifiedhis motion. Mr. LuBien in further discussion noted, it might create a problem to actually attach it to the building. He described alternate plans. Footer inspection was also mentioned. Mr. Fernandez, before the vote, noted this is a unique circumstance, it has been individually evaluated, extreme measures in presen- tation of request, site plan presented, three dimensional model presented, engineer plan, and further that no precedent is set. Mr. McClure accepted an amendment to the motion that the structure need not be attached, but adjacent to, as per Mr. LuBien's comments, Mr. Chambers also accepted the amendment. The question was called, and the motion passed by unanimous vote. Mr. Gerloff was given permission to continue work,:but advised to obtain a permit. 4. REQUEST FOR APPROVAL OF PLANS FOR FAST FOOD RESTAURANT SHORES SQUARE, 9021 BISCAYNE BLVD Mr. LuBien noted, in Members packet was a copy of the letter of request from Mr. Boris Moroz. A copy of the site plan indicating location of the stores and parking spaces as exist. Mr. LuBien could see no problem with approval. PLANNING & ZONING BOARD -3- 7/12/90 There was extensive discussion concerning parking spaces available, and calculations of same. This is the previously proposed yogurt parlor build- ing and parking. Mr. Fernandez wish the minutes to reflect, a restaurant is going on the site, the building owner has given his full cooperation, and parking issue appears resolved. Mr. Boris Moroz noted he is par9'owner, and trustee for the property. In response to query, he noted he has obtained a 'unity of title' and a 'new survey' of the property. Proper parking is provided through the 'unity of title'. The restaurant proposed is a quick service, chicken franchise, with total seating capacity of 24. Following brief discussion,. Mr. Laubenthal moved to approve the application, as submitted, including the revised survey including 'unity of title', the motion was seconded by Mr. Chambers, and passed unanimously. A break was taken. The meeting reconvened at 8:45 P.M. 5. DISCUSSION -- ADDITIONS AND REVISIONS TO PERMITTED USES IN THE B-1 & B-2 DISTRICTS lengthy Regarding the discussion, Mr. Laubenthal provided aAlist of the businesses which might be considered to go in the B-1 area. Thisnlist was covered following discussion on Video. Stores as mentioned prey ous lengthy On the subject Video Stores, Mr. Fernandez had lengthy discussions with Mr. Fann, Village Attorney, concerning the proposed ordinance on X rated video stores & book stores. He was advised that material not declared obscene by the court, is legal and cannot be prohibited. The suggestion was made that the regulation of adult materials be considered, also that in the case of video stores floor space be limited in enclosed area seperate from the store front. The similar restrictions may apply to book stores. Another issue is the standards are applied by the County of Dade. Enforce- ment would be at the State Attorney level rather than local, (Miami Shores). probably of obscenity that Discussion ensued concerning the term media center, and regulation being better than declaring them unlawful. Signage may also be regulated. Members then reviewed the list prepared by Mr. Laubenthal, for business in the B-1 area. Some would be promptly approved, some prohibited, some were questioned, for further discussion, and a few were scratched. • Mr. Fernandez suggested that Members come to the next meeting prepared to discuss business in the B-1 area only. • • PLANNING & ZONING BOARD -4- 7/12/90 Mr. Laubenthal then reviewed for the Board the survey for the new restaurant on Biscayne Blvd.. He explained what is included on a survey less the incidental items which go into a decision process. The survey is the actual building foot- print. oot- print. There being no additional comments, the meeting adjourned at 9:25 P.M. ecrtary