Loading...
09-27-1990 Regular MeetingMIAMI SHORES VILLAGE REGULAR MEETING PLANNING & ZONING BOARD September 27, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on September 27, 1990 at the Miami Shores Village Hall. The meeting was called to order at 7:35 P.M. by acting Chairman, 1r. Tom Laubenthal with the following members present; Thomas Laubenthal, Acting Chairman Terrell F. Chambers, Jr-. Robert E. Cook Larry T. McClure Absent: Richard 1. Fernandez (. In trial in Atlanta) Also present: Frank LuBien, Director of Building & Zoning Les Forney (Newly appointed Member, an observer) 1. MINUTES - SEPTEMBER 13, 1990 Members received a copy of the letter from Mr. Fernandez re: Addition & Revisions to B 1 District. Members concurred they did want Bookstores to remain on the list under RETAIL. Mr. McClure moved to accept the minutes of the meeting of September 13, 1990 with addition shown. Motion seconded by Mr. Cook and passed 3/1. Mr. Laubenthal abstained since he was not present at the last meeting. Mr. Robert Cook read a statement which is part of these minutes. He protested the recent appointment process to this Planning & Zoning Board by Village Council. Mr. Laubenthal commented that Mr. Rossi's departure left a real void but each Member was pleasantly surprised and pleased at how quickly and competently Mr. Cook filled those shoes. 2. REQUEST FOR APPROVAL OF FLAT ROOF ADDITION JOHN F. DILLON, 295 N. E. 95th STREET The request was introduced by Mr. LuBien who stated the flat roof addition proposed is 264 sq ft which is within the code requirement. The remainder of the 2,257 sq ft addition will be tile per changes he suggested. The setbacks are ample. In reply to query he noted the house is not a Historic Landmark house. Mr. McClure moved to approve the request, seconded by Mr. Chambers and carried by 4/0 vote. 3. REQUEST FOR APPROVAL OF DIVISION OF LAND WITHOUT PLAT DAVID LLOYD, LOTS 10, 11, and 12, BLOCK 3, EL PORTAL SUB Mr. LuBien introduced the requeststating that the lots are in excess of the minimum requirement for building in Miami Shores. Mr. Emilio Marrero, 7877 N. W. 170 Terr, Palm Springs, F1. stated that in his conversation with Mr. LuBien he was advised of the requirement for building on this land in Miami Shores. The division of land without plat is the first step. Mr. Marrero noted he has a contract with Mr. David Lloyd pending -to purchase the land provided this approval is granted. Mr. Laubenthal explained to Mr. Marrero that he must be fully aware of the Miami Shores Village terms of development. REGULAR MEETING OF PLANNING & ZONING BOARD -2- 9/27/90 Mr. McClure moved to approve the request as submitted, seconded by Mr. Chambers, and carried by 4/0 vote. It was explained to Mr. Marrero that this item will need Council approval. 3A. REQUEST FOR APPROVAL OF NON -CONFORMING TRELLIS HUNG DUC PRAM, 34 N. W. 98th STREET This case was introduced by Mr. LuBien who stated the trellis was built without a permit, with no architect plans) and a violation notice was sent. Mr. Pham read his definitions of trellis from the dictionary, also stating that it is his understanding, if the cost is less than $100. no permit is required. Members read a copy of the letter of request from Mr. Pham and reviewed pictures he took of the area identified as a patio -court yard. He read the four criteria for hardship variance. He thanked Members who came by to take a look at the proposed violation. Mr. Laubenthal explained, Members must confine translations to definitions as noted in the Code Book. He further explained setback requirements and indicated the four criteria for a hardship variance have not been met. Mr. Cook moved to deny the request, seconded by Mr. Chambers. Mr. McClure and Mr. Chambers noted Members are bound by rules and regulations and are so charged to see they are carried out. The motion to deny passed by a vote of 4/0. Mr. Laubenthal explained Mr. Pham's right to appeal to Village Council. 3B. REQUEST FOR APPROVAL OF PLANS FOR TWO DISH ANTENNAS MIAMI SHORES COUNTRY CLUB, 10050 BISCAYNE BLVD. The request was introduced by Mr. LuBien. He explained the plans are not too well detailed. The antennas will be placed on the roof of the patio. The code for dish .antenna require screening and there is no screening shown on the drawings. Mr. Chuck Hart, Manager of the Country Club provided an aerial view of the areayl.he noted the antennas cannot be seen from the road. Mr. LuBien re- sponded, they will be visible from the south side of Club Drive. Discussion took place concerning the need for two antennas, material to be used, the Country Club being the property of Miami Shores Village, not zoned, and Sec 516 of the code was called attention to, and screening. Mr. Laubenthal explained the intent is not to be restrictive but for other reasons, safety being one. Mr. McClure noted that the roof mounted dish antenna require screening and he would not want to deviate from this requirement. No plans have been submitted for screening and Mr. Hart may wish to withdraw his request and resubmit when complete. Mr. Laubenthal explained permitting may be held up until the application is complete. Mr. Chuck Hart withdrew his request. REGULAR MEETING OF PLANNING & ZONING BOARD -3- 9/27/90 3C. REQUEST FOR APPROVAL OF PLANS FOR ALTERATION AND ADDITION ST MARTHA PARISH, 9221 BISCAYNE BLVD. The request for site plan approval was introduced by Mr. LuBien who stated the proposed addition will add 5,460 sq ft to the existing 8,560 sq ft. Mr. Ben Lopez, Architect from Ben Lopez & Associates presented the request to establish a parish hall for St. Martha Parish. The space is expected to be used mostly on weekends. A hall, meeting rooms, and Sunday school space is anticipated. Landscaping is indicated in plans, and grading accordingly, air conditioning will be central, the hall is accessible to the church. In discussion on parking, Mr. LuBien noted it was difficult to classify the area for parking calculations, the real problem may arise if the parish should decide to sell the property. Mr. Lopez noted the seats are movable, and no additional people are anticipated. Mr. LuBien pointed out that, not every building is used to capacity at any given time. Mr. Laubenthal noted the zoning is A-2 therefore a legal structure and legal use. Mr. Cook moved to approve the site plan as submitted, seconded by Mr. Chambers the motion passed 4/0. It was determined this item should be reviewed by Council as a courtesy. Mr. LuBien will attempt to get it on their agenda of October 2, but will be handicapped by lack of a copy of the minutes of this meeting. In deference to people present for the application, Mr. Cook moved to hear 6. in this place, seconded by Mr. McClure and passed by 4/0 vote. 6. CONSIDERATION OF APPLICATION FOR ZONING AMENDMENT FOR PUBLIC HEARING DATE BISCAYNE KENNEL CLUB, 320 N. W. 115th STREET Mr. Peter N. Weiner and Suzanna Dockerty, attorney representing the Biscayne Kennel Club were present. Mr. Weiner noted he is present to formally request a public hearing date for consideration of application for zoning amendment. Mr. Laubenthal indicated the Village Attorney has advised him all paper work submitted is correct and in order. This Board is prepared to move the item thru due process. Items submitted are: letter from Mb. Weiner to Gail Macdonald, Village Manager, dated 9/11/1990, the appropriate legal descrip- tions and ownership affidavit, the notice for public hearing item. Mr. LuBien noted the format presented is not what necessarily will appear in the paper, the language for the public hearing is determined by staff. All property owners within 500' must be notified by certified mail, the ad must be placed a week prior to its appearing, the full process will take time, and six weeks or more is appropriate. Mr. Weiner disputed this time frame stating, he was advised thirty days is more than time enough. Discussion continued concerning the time for Public Hearing. Members concurred they have no problem with November 8th, the regular meeting date, or November 15, a special meeting day. Every effort will be made to expedite the request. Mr. LuBien has the proper documents and the check. REGULAR MEETING OF PLANNING & ZONING HOARD 1-4e- 9/27/90 Mr. Laubenthal noted for the record that, the ordinance open for review at the Public Hearing has been stated by the applicant, this is the only item open, no other zoning, no other use, no other opinion of wording is open for debate at the time of hearing. Any other interested parties, interested in any other zoning or any other type description or any other use or intent is a separate application. Only what is stated here is the limit of what can be discussed. Mr. McClure made a motion to set the date of November 8th for Public Hearing with the alternate date of November 15th. Motion was seconded by Mr. Chambers and approved 4/0. Mr. McClure wanted it made clear that all requested changes will be listed in the advertisement for Public Hearing. 4. DISCUSSION - ADDITIONS & REVISIONS TO PERMITTED USES IN B-1 DISTRICT Mr. McClure stated that Members at the last meeting felt the list was reasonably complete and the purpose was to get it approved and in the minutes before setting a public hearing date. Discussion followed concerning dealing with the B 2 District also before setting a public hearing. It was agreed that B 1 should be completed before starting on B 2. Momentum will continue. Mr. Laubenthal noted Council mandated the code be updated, not necessarily giving a time table. There has been no significant outcry for change. The long list in B 1 was briefly reviewed. Mr. Cook moved to set October 25, a regular meeting date for a public hearing for addition and revision to permitted uses in the B 1 District. Mr. McClure seconded the motion which passed by a 4/0 vote. 5. DISCUSSION - DOWNTOWNLCOMPREHENSIVE PLAN Mr. Cook noted, due to the fact that no money has been appropriated in the budget for the Downtown Comprehensive Plan, this item should be dropped from the agenda. Mr. Laubenthal noted this item would be directly associated with 7. and the memo to Members from the Village Manager. Since there is no item or issue for discussion on the Downtown Land Use Plan Members moved to 7. 7. DISCUSSION & RESPONSE - DOWNTOWN SEWERS REQUEST FROM VILLAGE MANAGER Mr. Laubenthal stated that in reqponse to the letter from Mr. Steve Pitkin to the Village Manager, he spoke to Mr. Pitkin and was advised the foot print needed by the Planning & Zoning Board for an indepth study of sewers on N. E. 2nd Avenue, he cannot provide. Mr. Laubenthal was advised the material needed could be provided by a surveyor, the same conclusion arrived at by Planning & Zoning. The plan from Mr. Pitkin's report as discussed by him- self and Ms. Macdonald cannot be of benefit to shedding light in providing the Planning & Zoning Board Members with any necessary details needed to determine what the carrying capacity of the land is to support septic tanks. There was brief discussion on new standards by DERM and wonder if our land area can meet these new requirements. Council is ambitiously pursuing interest in sewers, but there has been no indication from any property owners. • REGULAR MEETING OF PLANNING & ZONING BOARD -5- 9/27/90 Mr. Cook reminded the Board that Council Goal is the revitalization of Miami Shores downtown. The issue is the method of accompbishing the Goal, not the Goal. What other systems are available? There are many modern systems available at far less expense than sewers. A decision must be made from facts to reach the Goal to revitalize downtown. In response to Mr. McClure, Mr. Laubenthal replied a formai request had been made to the Village Manager for survey and details of the survey, this whole process was contingent on dollars being made available. The budget and alocation of funds needed for this study were discussed at length. It appears that no funds may be made available to Planning & Zoning for this special project study. Mr. Laubenthal requested an estimated due date for the final budget. Mr. McClure noted that Ms. Macdonald is requesting particular information from Planning & Zoning before October 30 Public Hearing on proposed sewers for downtown Miami Shores. Much discussion continued on this Public Hearing date, how will Planning & Zoning respond to the Village Manager and Council. Mr. Laubenthal commented that at the next meeting a formal letter might be put together listing questions and feeling considering appropriateness and other con- siderations regarding the issue. There was discussion on sewer cost, how can the County determine cost without proper information. Also discussed was the Comprehensive Plan, Ground Water Aquifers, sewer ex- tension. Mr. Laubenthal agreed a letter or statement he formulated from all Members to present to Ms. Macdonald at the Public Hearing of October 30th. Mr. LuBien will confirm the location. Mr. McClure commented for the record, as a member of this community, he wants to express his thanks to Mr. Robert Cook for serving as an outstanding Member of the Planning & Zoning Board, in times at expense and hardship to himself and his family. He further is appreciative of his expertise and knowledge he has brought to the Board and assures him he will be missed. This comment was agreed to by Mr. Chambers and Mr. Laubenthal. The meeting adjourned at 9:25 P.M. Cr. ary Approve mas Laub- 'al, Acting Chairman • FELLOW BOARD MEMBERS - I WISH TO INFORM YOU THAT I HAVE FORMALLY PROTESTED IN WRITING - THE RECENT APPOINTMENT PROCESS TO THIS BOARD BY COUNCIL. I FEEL IF WAS EVIDENT THAT A LONG STANDING TRUST BETWEEN COUNCIL AND BOARD MEMBERS OF ANY AND ALL BOARDS HAS BEEN BROKEN - BY THE ACTIONS OF A FEW. IT IS EVIDENT THAT ALL MEMBERS OF ANY BOARD - MUST NOW CONCERN THEMSELVES WITH THE RELATIONSHIP OF THEIR DECISION TO SOME COUNCILMEMBER'S DESIRES - RATHER THAN EACH BOARD MEMBER'S OWN BEST JUDGEMENT OF WHAT IS RIGHT OR WHAT IS BEST FOR OUR COMMUNITY. IN A PROCEEDING THAT OBVIOUSLY LACKED DUE PROCESS. I BELIEVE I WAS NOT JUDGED ON THE BASIS OF MY ABILITIES, COMPETENCY, OR DEDICATION - BUT ON POLITICAL ATTITUDES. • HOWEVER, SHOULD MY PROTEST FAIL - I ONLY HOPE THAT THIS BOARD WILL ACCEPT AND ASSIST THE NEW APPOINTEE AND MOVE FORWARD WITH THE COHESIVENESS AND PAST DEDICATION SHOWN FOR THE VILLAGE OF MIAMI SHORES. BY, ROBERT COOK • • • Miami Shores Village - Planning & Zoning Board Village Hall, 10050 N. E. Second Avenue, Miami Shores, Florida 33138 Proposed Changes too 1 DD Ostr ct Us S 9/14/90 The intent of this effort was to review a comprehensive listing of Business Uses commonly occuring throughout the Dade County area to develop an expanded list of Business Uses which may be appropriate for the B-1 District. In previous meetings to initiol list of 147 business categories was reviewed and editted to delete any uses which were applicable to much more intensive uses than our B-1 , B-2 , C or the new PRO Districts. The editted list was reviewed item by item for acceptability to the B-1 District only. Other Districts such as B-2 , C or the new PRO District will be delt with at a later date. This outline intends to group similar or related use types. The • subject of the next meeting is to accpomlish two goals: • A. Review this list and adjust the business descriptions into the most appropriate groups. B. Review the headings to select the best single word or phrase that identifies a collection of similar or related uses, in order to keep the written code in an abreviated format. Schedule of Regulation for B-1 District 1 9/r/9, //:,w • • • • Miami Shores Village - Planning & Zoning Board Village Hall, 10050 N. E. Second Avenue, Miami Shores, Florida 33138 Expanded List of B-1 District Uses Category //. 2' Business Type Comments CHANGE ALL SLASH (/) TO DASH (-) HEALTH CARE Gen. Medical Clinic Clinical Laboratory Optical PROHIBITED X -Ray Olin}c OFFICE Business Offices PERSONAL CARE/HEALTH- Barber/Beautician Child Care Dance Studio Exercise Studio PROFESSIONAL Accountants Actuaries Advertising Agency Appraisers Architects Attorneys Banking/Financial Communication Contractors Offices PROHIBITED Detective/Investigation Insurance/Adjusters Management Co. -Meeleling-tey PROHIBITED Real Estate Stocks/Investment Tax Services Transistors 2 Miami Shores Village - Planning & Zoning Board Village Hall, 10050 N. E. Second Avenue, Miami Shores, Florida 33138 RETAIL Art/ Frame Shop Appliance Dealers Book Stores Butcher/Provider Card -Noveky-Shops Carpet/Drapes Ceramics/Pottery Antiques - Collectibles Domestic Supplies Video Sales Rental Bakery Flooring Gasoline Stations Clotheirs' Coin & Stamp Computers Cosmetic Electronics Engravers/Trophies Fabric Furnature Flooring separate heading Florist - Plants Gifts Groceries Guns / Ammo Hardware/Locks Jewlers Lighting Package Liquior Music Pet Supply Pharmacy Photography toXer.Befy Sporting Goods Stationary/Off. Supply Toys/Hobby/Craft Yektgetztiaeeereaffl Yogurt -Ice Cream Take Out Bridals/Formals 3 Under RETAIL Under RESTAURANT • Miami Shores Village - Planning & Zoning Board Village Hall, 10050 N. E. Second Avenue, Miami Shores, Florida 33138 RESTAURANTS Restaurants Caferteia Catering • SERVICE / REPAIR Blueprinter Business Systems Data Processing Tailoring • • • 9/0/1 Dry Cleaners/Laundry PROHIBITED Employment.Seees Mail/Postal Service Printer Shoe Repair Sign Painting Telephone Store Travel Agency Tours 4 • • Miami Shores Village - Planning & Zoning Board Village Hall, 10050 N. E. Second Avenue, Miami Shores, Florida 33138 PROHIBITED USES Arcades/Amusement Abortion Clinics Adoption Service Bail Bonds Bingo Halls Halls/Clubs Carwash Gasoline/Service OK IN B-1 District Mechanical Consignment/Used Dating Service Drug Addition Clinic Funeral Service baber-Ortaftizatieffs Labor Pool Services Soup Kitchens OK IN B-1 District (RETAIL) Massage Parlor Adult novelties Pest Control Storage Tattooing Movie Theatres - Videos Vending Psycic - Palm Reader - Spiritualist Escort Services Pawn Shops Modeling Agency Veteranary Clinic 5