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10-25-1990 Public Hearing and Regular MeetingMIAMI SHORES VILLAGE REGULAR MEETING & PUBLIC HEARING PLANNING & ZONING BOARD OCTOBER 25, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on October 25, 1990 at the Miami Shores Village Hall. The meeting was called to order by Chairman, Mr. Fernandez at 7:30 P.M. with the following members present: Richard M. Fernandez, Chairman Terrell F. Chambers, Jr. Les Forney Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES a SEPTEMBER 27, 1990 & OCTOBER 11, 1990 The Minutes of the meeting of September 27, 1990 were approved, as mailed, by a motion made by Mr. Chambers, seconded by Mr. Laubenthal, and passed with Mr. Fernandez and Mr. Forney abstaining. Mr. Laubenthal moved to approve the minutes of the meeting of Oct 11, 1990, as mailed, seconded by Mr. Forney and passed with Mr. McClure abstaining, 2. REQUEST FOR APPROVAL OF VARIANCE OF REAR SETBACK REQUIREMENT G. Hoffman & R. Martinez, 875 N. E. 93rd St. Mr. LuBien introduced the request stating a variance is required because of the non -conforming setback on the addition. He included in Members packet a copy of the letter from Mr. Hoffman & Mr. Martinez. Copy of a map showing location, plot plan, sketch of proposed oversize garage and East elevation copy. At some time previously the address was changed by the Planning & Zoning Board from 9th Ave to 93rd St. 93rd St. is dedicated, but unpaved, it is not a street in that it does not go through. The house also is non -con- forming because it is not complete masonry. Mr. Gregory Hoffman stated he wants to build the oversize garage, he feels his letter is self explanatory. He cited the need for the oversize garage to store his 20' boat and autos which he said have been vandalized four times previously. His plan is to tear down the old detached structure on the north of the property. He had obtained approval from neighbors for the proposed garage addition. Mr. Fernandez asked Mr. Hoffman if he could address the four points required for a hardship variance. Mr. McClure noted a pool permit was granted in 1989 and the change of address granted in April 1989. In reviewing the original plans, he also noted there is no door between the kitchen and laundry room, and no access to the garage from the inside of the house. Discussion continued, concerning scaling down the proposed garage addition, change in profile and regulation. Meeting the 4 points for a variance, and alternate means for the addition. Mr. Laubenthal moved to deny the application as submitted, seconded by Mr. Chambers the motion carried unanimously. REGULAR MEETING & PUBLIC HEARING PLANNING & ZONING BOARD -2- 10/25/90 3. PUBLIC HEARING - ADDITIONS AND REVISIONS TO PERMITTED USES IN B-1 DISTRICT About 5 Miami Shores residents were present for the Public Hearing. Discussion was introduced by Mr. Fernandez who read the Notice for Public Hearing which appeared in the Miami Herald Neighbors. Mr. Fernandez also noted that 5 or 6 meetings were used to discuss the B-1 District, making additions and revisions to permitted uses and defining same. Mr. George Frix, 9713-9715 N. E. 2nd Ave. Mr. Frix stated he feels in addressing the B-1 the changes qualify existing uses and opens the Village to lawsuits by being specific. Also he feels N. E. 2nd Ave should be busy in the evening as well as daytime, the integrated concept zone, that is the multi -family concept or condominium housing for Ni E. 2nd Ave. There should be increased density and a fundamental change in land use. In further discussion he mentioned Coral Gables plan and no additional services re- quired for multi family use. Edward Harrigan, 260 N. E. 99th St. Mr. Harrigan called attention to page 3 & 5 addressing Bookstores. Newspapers are dispensed currently thru vending machines. He feels Bookstores should be struck under RETAIL dnd placed under PROHIBITED USES to protect Miami Shores Village against all bookstores. Arnold Mercado, Shores Theatre Manager addressed the availability of alcohol being sold in the theater for Theatre events. He defined different theater types, and also stated this sale would be not for profit, and is different in many respects to a legal or real estate party where beer andvwine may be served and not sold. In further discussion he individually defined art. Mr. Mercado stated there will be 501 seats and space for eight wheelchairs. Mr. Fernandez then asked Board Members if there were specific items they wish to discuss. Mr. Forney commented he would like to address comments by Mr. Frix concerning multi -family housing. Mr. McClure wants to talk about the RETAIL section. Bookstores and Multi family (Frix proposal) were the areas Mr. Chambers selected, and Mr. Laubenthal particularly wants to hear more about Multi -family concept, and RESTAURANTS (Where to put Yogurt y Ice Cream: Take Out) . For purposes of clarification, Mr. McClure noted that under the Schedule of Regulations permitted uses in B-1 District some headings will be added, and under Article V, Pg 1585, PROHIBITED USES there will be additions also. Discussion followed. It was determined that Gasoline Stations would be struck under RETAIL and placed as PROHIBITED USES. Bookstores likewise was struck under RETAIL and placed under PROHIBITED USES. In other changes under RETAIL it was the consensus to strike Video Sales Rental and place Video (since they cannot be controlled) under PROHIBITED USES. Computers should read Computers & . Accessories, Guns -Ammo will be listed as Fire Arms & Accessories and Yogurt - Ice Cream will be listed under RETAIL as Take Out Food. REGULAR MEETING & PUBLIC HEARING PLANNING & ZONING BOARD -3- 10/25/90 There was a great deal of discussion concerning the sale of beer and wine on the Theater premises at times when a performance is scheduled. It was noted that this is a courtesy and incidental to the show and it could be limited to theater with 500 seats. It was determined this is a legal question and Mr. Fann, Village Attorney should be consulted. Reasonable standards need to be set. How can beer and wine be sold in Theater when Theatres are prohibited? In discussion on the Multi -family issue, it was noted the single family residence in Miami Shores Village should be maintained. Mr. Laubenthal commented that there is a residence in the B-1 District on N. E. 2nd Ave. Comments were made concerning Sec 215 on Pg. 1567. This is a long term financial problem facing the Village and the Planning & Zoning Board has an obligation to look at seriously. Multi -fancily in B-1 District was discussed at length. Mr. McClure suggested: the issue be discussed in detail very, very soon. Mr. Frix has a very good point. A break was taken at 9:30 P.M.. The meeting reconvened at 9:40 P.M.. Mr. McClure made a motion that the list of USES and PROHIBITED USES be referred to Mr. Fann, Village Attorney, requesting that he place them in the appropriate order and suggests that he determine where they are placed in the Code. The motion was seconded by Mr. Laubenthal,eand carried by unanimous vote. 4. DISCUSSION - SEWERS Mr. Fernandez opened discussion by updating Mr. Forney on the sewer issue as discussed at previous meetings and also at the last meeting. It was suggested at the last meeting that Members submit a statement to help focus on the issue. Statements were submitted by Mr. Forney, Mr. Fernandez, and Mr. Laubenthal. These statements were outlined for all Members. Mr. Laubenthal in continued discussion felt, we should respond to Council, to focus on the B-1 N. E. 2nd Ave. All of Dade County suffers from some ills even with sewers, Miami Shores should try to resolve problems without the sewers. Mr. Chambers commented that if the Village wants downtown to grow, sewers are a must, but not at this time, burdened property owners need relief now. Mr. McClure thanked the three Members for providing valuable information which his comments could be based on. Mr. McClure noted that Council has asked for an opinion, but provided nothing to base an opinion on. Sewers are a must down the road, but he can't imagine going ahead without information. Mr. Forney commented the question can be answered very simply. Without question sewers are needed on N. E. 2nd Ave if change is to take place. At the present time what is existing can and are being handled by septic tanks. Sewers are not feasible today. Mr. LuBien talked to Mr. Rodriguez of Dade County who advised him that Dade County approves sewers or septic tanks, there is nothing in between. He then read from the County Comprehensive Plan 1G, Pg VII = 3. October 24, 1990 To: Gail McDonald From: Village of Miami Shores Planning and Zonining Board, Richard M. Fernandez, Chairman The board concludes the following: 1) Under conditions that would include an increase in the intensity of use, the installation of sewers would be warranted; 2) That under current economic conditions, this board does not recommend the installation of sanitary sewers; 3) A substantial community consensus must be established as to what the goals are in the B1 district and how sewers would support those goals; 4) The Council should reassess the validity of the Mainstreet conclusions before proceeding with any positive action. The board is concerned the analysis and conclusions that led to recommendations of retail stores and restaurants did not foresee fundamental economic and business enviromental changes. • • REGULAR MEETING & PUBLIC HEARING PLANNING & ZONING BOARD -4- 10/25/90 Mr. Fernandez commented there are many aspects of the sewer issue to look at. There is the tax base, density, early fathers outlook, Comprehensive Plan. Long term planning needs to be created. Sewers at this time, at this level of planning is folly, however, there are other areas and potential for Miami Shores to look at. Mr. McClure stated he has heard each Member say the same thing in a different way. Sewers are appropriate, but not now. Much discussion continued. It was determined the three statements by Members be forwarded to Council along with a copy of these approved minutes. Also a simple and positive statement will be drafted to reflect the consensus of the Board Members and sent to Council. A motion was made by Mr. Forney that a brief Memo be drafted listing the four items concept (Density, Economics, Goals, and Mainstreet study) which is the consensus of the Board (A copy of Memo is a permanent part of these minutes), and be sent to Council, seconded by Mr. Laubenthal. An amendment to the motion to further recommend killing the sewer issue for now was accepted by Nr. Forney and Mr. Laubenthal. The motion passed unanimously. A motion was made by Mr. McClure to present to Council the three reports by Members along with a copy of these minutes. Mr. Laubenthal seconded the motion which passed unanimously. The meeting adjourned at 11:00 P.M.