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10-11-1990 Regular MeetingMIAMI. SHORES VILLAGE REGULAR MEETING PLANNING & ZONING BOARD October 11, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on October 11, 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. Les Forney Thomas Laubenthal Absent; Larry T. McClure (Death in family) Frank LuBien, Director of Building & Zoning Mr. Fernandez extended a warm welcome to Les Forney, new Member of the Board. He expressed pleasure that Mr. Forney will bring a wealth of experience to the Board. 1. MINUTES - SEPTEMBER 27, 1990 The minutes of the meeting of September 27, 1990 could not be approved for lack of a quorum who were present at the meeting. No adtion was taken. 2. REQUEST FOR APPROVAL OF VARIANCE FOR BASKETBALL GOAL WM. J. HAMPTON, 1290 N. E. 102nd STREET Mr. Hampton was not present. A motion was made by Mr. Laubenthal, seconded by Mr. Forney to move this item to 6. on the agenda in anticipation of Mr. Hampton's presence. The motion passed unanimously. 3. REQUEST FOR APPROVAL OF VARIANCE FOR 5' FENCE IN FRONT YARD ELSIE BAIOFF, 336 N. E. 98th STREET Included in Members packet was a variance request form in which a variance is requested to Sec 518 which allows 32' maximum height in front yard. A letter from the applicant and a sketch of the proposed fence. Mr. Fernandez stated this comes to Planning & Zoning at the suggestion from Mr. Loffredo to Elsie Baioff also the only variance considered by the P & Z Board is Hardship Variance. Ms. Baioff outlined for Members the same basic information she included in her letter. She cited the need, for a 5' fence because of extreme vandalism caused by gasoline and chemicals sprayed on her property. She further stated the 3k' maximum is not high enough, making it difficult to enjoy use of her property. Ms. Baioff in response to query, further noted she has filed a complaint with the Miami Shores Police Department, but they have not been too cooperative. Mr. Fernandez read the four points for hardship variance, and stated that all 4 points must be met. Following brief discussion, Mr. Forney moved to deny the request,,as submitted, seconded by Mr. Laubenthal, the motion passed unanimously. Mr. Fernandez advised Ms. Baioff this is a Police/chriminal matter and solu- tion should be sougth other than zoning. It was suggested that she deliver a copy of her letter & a copy of these minutes to Chief Zoovas. REGULAR MEETING OF PLANNING & ZONING BOARD October 11, 1990 4. DISCUSSION & RESPONSE r DOWNTOWN SEWERS REQUEST FROM VILLAGE MANAGER Mr. Fernandez introduced discussion by noting the Planning & Zoning Board has acted :diligently in a step by step logical process to come to conclu- sions in dealing the the sewer issue in the downtown area. Past minutes outline this process which requires money. A request was made for $10,000. which thru the budgeting process was cut to $6,500.00. Base line information was required to proceed and this was clearly outlined. Planning & Zoning Members are prepared to proceed at the request of Council, based upon infor- mation in hand. The process to proceed is somewhat forced considering a time deadline. Mx. Laubenthal reiterated his earlier conversation with Mr. Steve Pitkin. Mr. Laubenthal further read a letter he wrote to Ms. Macdonald with a copy to Mr. Pitkin. In his letter he outlined questions he asked and the answers from Mr. Pitkin none of which would provide the information that Planning & Zoning Board is requesting. He was informed just before this meeting that the money requested would be made available. In response to query he re- plied that he has had information of the availability of $6,500.00. Funds comparable to a low bid from Portilini & Stiles, He also composed a letter to Portilini & Stiles re -outlining the services requested and asked that all figures be reconfirmed, if the bid remains valid, if they are prepared to proceed andhexpediently the document can be made available. The figure was based on the legimate low bid received and he is prepared to stay with that if other Members agree. Mr. Forney stated he has a question of what exactly Planning & Zoning has been requested to do. He is concerned with the conception that Planning & Zoning is arbitrarily delaying action. However, Council is faced with a Public Hearing for October 30 and they are entitled to some information. There are some conceivable circumstance which require sewers. What is re- quired of the property owner? What changes are needed? The sewer issue must be sold. A more positive approach to Council should be, we can work with you. Discussion continued, does land have carrying capacity? Equity? Base maps. If in building up and out we can meet the need why rush into sewers? Is what Planning & Zoning suggesting possible? Concessions by engineers and designers and all concerned. Proponents on sewers, who are the developers? Request for first class restaurant, budgeting process, Business Development Committed, Planning & Zoning response to Council in the minutes. Public Hearing arbitrarily set, public not getting in put. With no facts a conclu- sion cannot be reached. Mr. Fernandez read from the Comprehensive Plan, Chapter 4, Wastewater Facilities Sub -Element, Pg 4.2 & 4.3. Discussion con- tinued on the size of the sewer main. Sewers in B-2 & B-1 (N. E. 2nd Ave & also Biscayne Blvd) district and sewers for surrounding residential area. Effect. Mr. Chambers requested reservation of his comments after October 30 hearing. His questions are, will the sewers take care of the other needs? What is the cost, benefit, return? Also discussed was a potential hook up from 81st St, technology changes, package plants, management and supervision. Council is not wreckless and will not support this without the majority support of the property owners. REGULAR MEETING OF PLANNING & ZONING BOARD -3 10/11/1990 Mr. Fernandez suggested that Members come to the next meeting with language to present a recommendation to Council. He further requested, DISCUSSION - SEWERS be placed on the next meeting agenda. It was also agreed that Members comments be presented to the Secretary in advance and mailed to Members with a copy of these minutes. A five minute break was taken, the meeting reconvened at 8:50 P.M. 5. CONSIDERATION OF RESIDENTS PETITION TO REZONE DOG TRACK PROPERTY TO R-1 Mr. Edwin J. Wujciak, 460 N. W. 112th TERR. introduced the request. Mr. Wujciak represented neighbors in the area, 7 of whom were present. He stated in introducing the request, he is not attacking the Dog Track or dog racing. Many changes have taken place in the area and he along with other residents is concerned. This is not the typical Shores, it is a working class residential area with special concerns to all of Miami Shores including the Code Enforcement Task Force. There is other possible zoning to consider to maintain the Miami Shores residential character. Now is the time and place to start to request rezoning S-2 district to residential. Mr. Fernandez clarified the request is to petition Members to rezone S-2 district to R-1. The Biscayne Kennel Club is attempting to change a use within the area. He advised that there are three ways a zoning change can be accomplished; 1. Property owner initiates. (Biscayne Kennel Club is in the process). 2. Planning & Zoning initiates, 3. Council initiates. He read from Sec 101 of the Miami Shores Village Code book which recognizes the Village as a residential community. He further stated there is conisderable controversy involved and Planning & Zoning hesitates to rezone the property simultaneously. Action from the Dog Track is pending and they were made to tow the line. Further he suggested the citizens may approach Council which can act more quickly. Discussion ensued concerning a lack of financial citizen resources, proper and reasonable form to be presented. Government in the Sunshine, and mass citizen attendance at the Council meeting. Also mentioned was withdrawal of the request or going for Planning & Zoning action and Council action. Notices will be sent for Biscayne Kennel Club Public Hearing. Ms. Jean Trach, 409 N. W. 111th Terr, asked what is the dog track zoning, and what is their use? She also mentioned concerts and concert noise. Mr. Bryant, 188 N. W. 110th St., asked about zoning and was told Biscayne Kennel Club is zoned for dog racing and fallout shelter. The track has been there about 65 years and is grandfathered in. Following continued discussion, Mr. Laubenthal moved, the request to initiate the process to rezone the Dog Track be denied, seconded by Mr. Forney, the motion carried unanimously. Mr. Fernandez advised Mr. Wujciak of Members action, he advised that a phone call to Mr. Tom Benton, as acting Village Manager, tomorrow morning will put the item on the next Council agenda. (Tuesday, Oct. 16th). • REGULAR MEETING OF PLANNING & ZONING BOARD -4, 10/11/90 6. REQUEST FOR APPROVAL OF VARIANCE FOR BASKETBALL GOAL WM. J. HAMPTON, 1290 N. E. 102nd ST. Mr. Hampton was not present. This request was introduced as a matter arising, as a result of a Code Enforcement violation. It was noted the request for a variance is initiated by Mr. Hampton for the safety of his children. His letter was included in Members packet who agreed there is no basis for approval. Mr. Laubenthal moved to deny the request as submitted, the motion was seconded by Mr. Forney, and passed unanimously. The meeting adjourned at 9:35 P,M. fe/ S re ary Approved Chairman (Ri 'ard M. Fernandez