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09-12-1991 Regular MeetingMIAMI. SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING September 12, 1991 A regular 'meeting of the Miami Shores Village Planning & Zoning Board was held on September 12, 199.1, 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 Larry T. McClure Absent; -Prank LuBien, Director of Building & Zoning 1. MINUTES - AUGUST 8, 1991 The minutesof the meeting of August 8, 1991 were approved by a motion made by Mr. McClure, seconded by Mr. Laubenthal, and carried unanimously. It was announced, Mt. LuBien is not present for this meeting. He is out studying in depth the run and shoot.offense. Mr. Laubenthal has gone beyond t - the call of duty, by remaking this meeting. He is breaking an attendance streak. Mr. Laubenthal has not missed a Hurricane game since 1981, Mr. LuBien will be held accountable at the next meeting, 2,. REQUEST FOR APPROVAL OF PLA.NSFOR POLE SIGN DIAMOND SIGNATURE, 8985 BISCAYNE BLVD. Mr. Charles Royer, owner stated he had begun this request since 1/11/91. He presented a letter from Mr. John Militana, the property owner, signed and notarized. Mr. Mili.tana stated in the letter, he has no objection to the sign so long as it complies with appricable codes and does not restrict or delete parking. (This letter will become a permanent part of these minutes.) Mr-. Royer indicated the sign will be black and yellow, and will not be lit at night. Also he indicated he does not need DOT approval. Members received •in their'packet a. copy of the minutes of 2/28/91, a memo to Frank LuBien from Code Enforcement Supervisor of DOT, a. location sketch detail (without Western Union and without the addressl. Certain materials requested for consideration of the sign have -i �ot.beet.7gro ded. Mr. Fernandez. called Members attention to the very narrow parking space at the location, the pole sign is off the driving surface. The question is if the sign is appropriate at that location, considering the safety .aspect, and precedent being set, In response to query from Mr. McClure.., is the sign as presented in com- pliance? Mr. Fernandez responded be badconversation with Frank LuBien. To the best of Mr. Fernandez's knowledge the question is one of determination that this Board acts as an Architectural Board as to the appropriateness of color, size, etc.. As to the dininsions there is some liberalism allowed.. in. the B-2 zone. Also the Board 'must make determination for the best interest of the Village. Mr. Royer responded that Western Union logo, lettering, and address will be added to the sign, It was noted that the problem is that e.acb ti' 1R.the application comes be- fore the Board, there is a different owner, the sign is not the final sign location nor is the proper wording indicated for the sign. LANNINC & ZONING BD BEG MEETING -2- 9/12/91 Considerable discussion ensued concerning the safety of location and State standards. Other materials being incomplete. Also is this a variance request as noted on the. agenda? - Nrr. Stan Pechter of Modern.Dis?lay indicated, there is nog setback re- quirement shown, as he was advised that the. Board will.make the setback determi- nation. Iie was advised by DOT they. have. no jurisdiction, T?te numbers will run vertically down the pole and the pole will be a 6" cast - iron steel pipe. Mr. Laubenthal noted the. recommendation of Florida DOT is referred to as design 700 standard with. a 16' setback , McClure commented. that it is ex- tremely -tannsual for Mr. LuBien to indicate that this Board will make the determi- nation where the sign will go. He has mentioned on numerous occasions, this sign is outside the property line, and the applicant has had much opportunity to show -exactly where be intends to: place the sign. In response, Mr. Pechter noted that lft. LuBien indicated to him, that once the Board makes its' decision, then it will be determined what the setback will be. All Members concurred on the safety aspect. Discussion continued on the unsightliness and the safety Co. real concern) of the sign. lair. Laubenthal`indicated there is latitude -within the site itself to place a sign that is safe and responsible with all the rest of site amenties. Mr.'Laubenthal made a motion that the application.as submitted, and re- vised by the applicant, for a 2.! setback from the sidewalk. and aligned with a stripe, be approved.; The motion was seconded by Mr. Forney. Mr. Chambers offered an amendment, that the property owner concurr with the final location of the sign. The amendment was accepted by Mr. Laubenthal and Mr. Forney. The vote was called and the motion carried by,,a 4/1 vote. Mr.,• Fernandez voted no. This item will be called to the attention of )Is Macdonald to determine if Council approval is needed, The applicant will be notified if yes. 3. REQUEST FOR APPROVAL OF PLANS FOR DISH. ANTENNA. (VARIANCE) S. T. TAYLOR, JR, 9301 N. E. 12th AVENUE Mr, Fernandez opened the discussion by noting, this is a request for a variance. as to location and height of the dish antenna. Mr. Taylor noted he has moved from one location to another and made his home in Miani Shores for eight years, and is interested in keeping it beautiful. He feels his antenna is more secured, well hidden and meets setback requirements. The .location and the height was discussed at length by the Board. Members concurred that the positioning of.the antenna is clearly visible to neighbors and there is no basis for a variance. Also the setting of a precedent. Mr. Fernandez noted he had visited the site and found E. Dixie Hwy to be higher, the property dips, therefore requiring additional height; and the currently existing landscap} Ag a combination of the two make the location a better one. In response to Mr. McClure,.Mr. Taylor indicated he can position the atenna on the east if that is what the Board wishes, but feels where he wants to place it is a more optimum location. Mr. Laubenthal made a motion that the application as submitted be denied, seconded by Mx. Forney, Discussion continued concerning location and height, dangeri of setting a precedent. The vote to deny the application as submitted, passed unanimously. Right of appeal to Council was explained to Mr, Taylor. PLANNING & ZONING 13D REG MEETING -3- 9/12/91 4. REQUEST FOR APPROVAL OF PLANS FOR CARPORT ENCLOSURE ROLAND & ELLEN GIUERRA, 1050 N. E. 107th ST Mr, Guerra indicated he has a 2 bedroom, 11 bath. horse, 2 children, and needs the extra room. Ria addition will include a master bedroom,and master bath and a den. Mr. Fernandez explained for Mr. Guerra, all garage or carport enclosures come to the Planning & Zoning Board for aesthetics and so as. not to create a problem of rental property. Mr. Guerra noted he will use masonry construction where on the front elevation wood was previously noted, and this is so reflected on the plans. Members discussed the location of the residence, knee wall, placement of doors, alley services and parking sides, ona construction, and cut back of concrete driveway. Mr. Laubenthal made a motion that the application as submitted, with correction to A3 Casing cbs construction) and the driveway ribbon cut back be approved. McClure seconded the motion which carried unanimously. A ten minute break was taken at 9:00 P.M.. 5. REQUEST FOR APPROVAL OF ROUSE COLORS JAMES SULLIVAN, 9334 Noyam' AVENUE This comes to the Planning & Zoning. Board as a result of a code viola- tion and several complaints, The house was painted without a permit, there- fore no color approval. Mr. Sullivan indicated he is before the Board to request:: cblor approval. The painting contractor slept thru the whole proceeding, in spite of the fact that persons present tried to awaken him, Mr. Laubenthal indicated he had seen other houses with,the similar yellow, but the red trim is too close in toneto the bricks, the problem is in the amount of the accent color used. The trim color shobld be confined to the trim area, Re has no problem with.,yellow and white. Mr. Fernandez commented -concerning the pulling of a permit and color approval. Mr. Sullivan indicated he can change awning color but doesn't like white. Mr. Laubenthal moved that the application as submitted be denied, seconded by Mr. McClure and carriedunanineusly. 6. REQUEST FOR APPROVAL -OF PLANS FOR FLAT ROOF ADDITION JERRY BERGERON, 1163'N. E. 101st STREET Mr. Fernandez noted that there are some unusual circumstance concerning this project which Mr, Bergeron will fill in later. Mr. Laubenthal explained this project is in 3 phases, a bedroom.addition, item 2 to be discussed this evening, and.±tem 3 not before the Board. In reply to query, Mr. Bergeron said construction is part done, Construc- tion permits have been obtained. It has been a tedious job going on since October 1990, East Concractors Co... whom he first contracted with went banrupt and moved out of town, The second phase is to enclose an area and connect the atrium. PLANNING & ZONING BD REG MEETING -4- 9/12/91 Members discussed the 15% flat. roof permitted and it being well within the requirement: Also dscussed2.was._:the awareness of the homeowner to the ramifications of additional flat. roof not shown. Mr. McClure moved for approval of the application as submitted, Seconded by Mr. Chambers for discussion, It was noted there is no. other solution,. It was made clean to Mr. Bergeron,. there is no guarantee that phase 3 will -be approved, It .was noted the addition, and the:: workml .n, hip :-is G.he.a a.tiful. The vote was called and the. motion to approve passed unanimously, 7. REQUEST FOR APPROVAL OF VARIANCE TO ALLOW FABRIC CARPORT IN THE FRONT YARD AND CANTILEVER AWNING IN BACK YARD.. JAMES L. DENTICO, 10055 BISCAYNE BLVD, Members concurred that the requests whould be heard as two separate items, Jane Dentico noted, she has a small lot and needs the 2 canapies to pro- tect several old cars. She does use herone car garage. Members concurred that no front yard awning carport is permitted in Miami Shores. Mr. Laubenthal moved that the application for a front yard awning carport be denied, seconded by Mr. Forney and carried unanimously. BACK YARD Members discussed the setback encrochment, the 15% requirement away from the main building, cantilever and the tot size. Mrs. Dentico stated she has an investment in these vehicles. She has no place:to park ::them -for protection and doesn't understand the setback requirement. Nr. Laubenthal made a motion that the application for a rear cantilever awning be denied, seconded by Mr. Chambers and passed unanimously, Mr. Fernandez explained to Mrs. Dentico her right to appeal to Council. Mr. Forney expressed concern regarding the Landscape Ordinance, He feels grass in the front yard is a must. Also., the residential and commercial issues should be separate., It was requested by the Chairman that the Landscape..Ordinance be placed on the next agenda. 8. DISCUSSION - METAL STRUCTURES Product approval in the Dade. County Code is already in existance according to discussion with Mr. Knezevich. The questions to be asked is; where? and how much? Members agreed to forgo further discussion at this time, 9. DISCUSSION - 2nd FLOOR ADDITION TO SINGLE FAMILY RESIDENCES Mr. Fernandez spoke with Bob Stobs concerning the Subject, It is one Mr. Stobs is knowledgable in, having done 2nd floor additions. With theapproval of the Board lir. Fernandez will ask that he speak to Members on the subject. Everyone agreed, this is a good idea. The meeting adjourned at 9;50 P.M, r•4 cre • August 20, 1991 Charles Royer Instant Money, Inc. 8985 Biscayne Blvd. Miami Shores, Florida 33138 Dear Charlie: This letter will confirm my permission as landlord for you to install a sign depicting Western Union and Instant Money, Inc. This sign shall comply with all applicable c requirements and not restrict or deplete parking. The siould also conform architecturally with the building. JM:ps V ilitana SWORN TO AND SUBSCRIBED before me this My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA. MY COMMISSION EXPIRES: MAY 31, 1993a BONDED THRU NOTARY PUBLIC UNDERWRITERS? B day of August, 1991. Notary Public/State • Flori