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09-26-1991 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING September 26, 1991 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on September 26, 1991. The meeting was called to order at 7:30 PM by Chairman, Mr. Fernandez 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 - SEPTEMBER 26, 1991 A correction was called for on page 2, paragraph 5, to add, "After the applicant verbally agreed to locate the sign 2' from the sidewalk". The correction was accepted by Laubenthal and Mr,'Forney, A correction was also made on page 1, "run and shoot offense", The minutes of the meeting of September 26,:1991 were approved, as corrected, by.amotion iaaade by. Mr, Forney, seconded by Mr, McClure and passed unanimously. Mr. Fernandez first set the ground rule& for the meeting, asking that those people wishing to speak make statements brief, and extend the same courtesy to others as they expect. 2. REQUEST FOR APPROVAL OF PLANS FOR FAMILY GOLF CENTER MIAMI SHORES VILLAGE, 10000 BISCAYNE BLVD Mr. LuBien announced, Members have in their packet a section of the city map showing five plus acres on the northeast corner of the Country Club. Two sets of plans presented were too large to be reduced for packets. Included are the plans showing overall plot plan, details of the entertainment area, and elevation showing what it will look like in perspective. Mr. Jerome Bernstein.wi.th PC?! and associated with the Country Club group spoke in favor of'the project.. He stated there seem to be many misconceptions of'the intent and what the facility is, The intent is to develop a 36 hole minim ture golf course for families, included are bumper boats to make use of the water, batting cages for youth, egress and ingress area, the main building which include0 no arcade, On his first drawing, Mr. Bernstein showed these and pointed out the buffer zones and parking area. He showed the golf course and announced the mainstay is a 60" boat with caves, water falls, native villages, etc. The water depth is approximately 1--11/2 feet, the deepest at the waterfall being 3'. The area to be covered is 311 acres of the five acre total. The 2nd drawing, looking from Biscayne Blvd into .the facility, showed elevations, This included the main concession building for balls and boats. The 3rd. drawing was a schematic showing the egress and ingress to Biscayne Blvd. parking, an element of the miniature golf, the setbacks, and setback requirements from neighbors, a heavily landscaped berm area. Mr. Bernstein noted he had met. all requirements, he is aware of, that relates to planning, zoning, height, and setbacks, etc. The area is zoned for recreation. This is a compatable use for the golf course. A family entertainment center. PLANNING A ZONING BD AEG, kTG, 72- 9/26/11 In response to query from Mr. Fernandez, Mr. Bernstein stated, this is a conceptual drawing of the plan that will be executed subject to approval. In response to query from other Board Members, Mr. Bernstein stated, no food or alcoholic beverages will be sold, soda and ice cream, yes, there will be. a party room, to be rented>for birthday parties, the hours anticipated will be 10:00 AM to 11:00 PM, 7 days per week. A few interactive elements will be included, lighting will be low level with non glare shield light which would be directed to the ground. Mr. Bernstein in response to query, explained this is not categorized as amusement, because of the 36 hole miniature golf.Couxse,: The reacreational aspect is 10-12 different elements of whichminiature golf is one, the batting cages and bumper boats are incidental, primarily for Children and families. Annual memberships will be sold. and daily user fees will be charged. It's the most upscale miniature golf course created in.America, it bust be successful, Much green space, upscale elements were created to be compatible with the neighborhood. In continuing to answer questions from Board Members, Mr. Bernstein explained, it doesn't cost the Village a dfime. The land is leased to the tenant, the existing tenant Has the right to build anything golf oriented, subject to permits pulled, in his opinion this is considered a non consumptive use of the land, It would be simple to bulldoze with 12^r of water and mostly non structured items, with wire covered with plastic,, the 60' ship is fiberglass and thacbadd roof is scratched. It is anticipated the cost will be in excess of $600,000. The existing revenue sharing feewith the Village will. continue, and it is expected $30 to $35 thousnad dollars per year will be realized, with no cost to the. Village. (in response to_70gal questions frotjthe Public & Members of the Mr. Fernandez advised' a one the legal questions wxattt&be left for Boar) Mr. Fann, the Village Attorney, to answer. (are best In response to Mr. McClure's question on security, Mr. Bernstein indicated this has not been addressed, it. is an area which they must come to grips with. The Biscayne. Blvd perimeter will include an 8' landscaped berm with a 50' setback, In continued discussion the engineering of sound and lights was compared to elements at Disney World. Mr. Bernstein also explained the idea_is probably -a viable operation without the bumper boats and batting cages.which are after thoughts. Mr. Bernstein passed around literature on the bumper.boats and the et,8 upscale people who play miniature golf. It is anticipated that 200 people wil it be on the course on a daily basis, 20 hours per.week_at.$4.00 per person. This,N w is not an amusement,park, he reminded Members. 1 Signage will be minimal as the o o 60' boat is anticipated to attract. Mr. LuBien replied to question, the 60' w w boat is not masonry,.and does not comply .with.Niami Shores Village Code, DERM a and the South Florida Water. Management approval is. not needed.as.the water is m N being recycled, treated as a swimming pool. Mr. Bernstein also stated that the rt w� miniature golf course is compatiable with the golf course, Kids noises cannot rµr be muffled. Concerning traffic pattern on Biscayne Blvd.. a separate cut is 1/44 m existing .on.the northeast section of the property. which DOT says may be used, o a. and there are approximately 150 parking. spaces. provided. G Mr. Fernandez asked the Public for response, and.laid the ground ruled for a tiei.rotntememts., The chamber was full and there was spillover of approximately m m 25.30 people in the lobby. Mr. Cahill, 1060 N. E. 104th St. Mr. Cahill is opposed to the whole idea, roar m and offered aiVita Course as an alternative. use. He doesn't like the amusement � W 0 park concept, bumper boats are dangerous, and:mtami Shores Village is a resi- dential community, of the Country Club ,it was noted that the drainfields� are.on the outer perimeters, In response to query;► a. w `•C m w rt m m �' PLANNING & ZONING BD REG MTG -3- 9/26/91 Mr. Sena, 1301 N. E. 104th St, just bought.a $300,000. home in the area. He asked, how do we lease to a person who will present such concept. Mr. Sena likes the barricades, but isn't allowed to keep a boat in his front yard:, yet a honky tonk type amusement is requested, There will be an increase of outside traffic, and this is a concern.. Mr. Fernandez reminded persons there are many legal questions for Mr. Fann to address. Also he requested statements be brief and to the point. Sharon Weisen, 1029 N. E. 104th St, Sharon lives vest of the Boulevard, she addressed her concern for safety, protection from golf balls, She stated she pays taxes and now wants a return. Rick Diamond, 1019 N. E. 104th St. He is not allowed to keep a boat in his driveway, how can a 40" hi mast on a boat be allowed. Number of people using the facility should belooked at, The increase in traffic is a concern, as is the noise level, Craig Carl Sangerman, 482N. E, 93rd St. Mr. Snagerman said arcades are incidental to primary use and would not be allowed, he was advised Mr, Sangerman is con- cerned with crime at or after 11 PM at night, the closing) time and the potential uses. 6y Mr. LuBien that no more than 2 video games are allowed at 1 adds i M. S) Mr. Hart answered in reply to query, the Country Club spends about $30,00U, per year on advertising. Charlie Leeds, 1177 N. E. 104th St.., 2 houses east of the Boulevard. He thought 33/4 acres was bought and paid for by Miami Shores golfers, and the property was to be used by Miami Shores Golf Course. He was advised that the property is zoned as park or recreational use, and there is no restrictive covenant. Mr. Leeds stated traffic is bad and it is hard enough to get into the Country Club now. The traffic issue is of great concern to him. Steve Rosen., 1600 N. E. 103rd St. Mr. Rosen questioned the procedure. The 3,000. sq ft building, what will be sold there and where do we go from here. He is opposed to the concept and expansion of the program. to reply to question fro Harold Sheets, 1371 N. E. 103rd St. X Mr.She&thin reply to -question:, does this require a variance? hewasii.told, it has not yet been determined, Planning & Zoning is at the information gathering stage and a refrendum is: not a decision for this Board to make. He also mentioned the increased cost of City services involved. He is opposed to the plan. Mr. Boyle, 585 Grand Concourse. Speaking as a relatively new resident, and on thecrime issue,as a professional both as victim and enforcer. Miami Shores voted the clean up of Miami Shores Theatre to avoid certain elements. We are creating other crime problems. on Biscayne Blvd. with a welcome sign. Mrs. Botticelli of 1090 N. E. 104th St. Mrs. Botticelli is concerned with. increased traffic, noise, lights, teenagers, and .her ,home .value going down. She looks for a better use of the land. Karen Abel, 10125 Biscayne Blvd. whose home is almost directly across the street. She has lived in Miami Shores about 2,years, she is apalled by the whole concept , Is opposed. Mr. Noel Franz, 1039 N. E. 104th St. west of the Boulevard. Wondered if the recreation is not intended for adults, why open Until 11 PM. Mr. Franz opposes the batting cages in his backyard.. He also asked if the question arises again, how will he know? Many:people had the same concern. Tim Niezabitowfki., 1100 N. E. 104th. St. Had many concerns, How will loitering be. controlled? How many video machines? What happens to property values? Financing? Adminission without an ID? When willthe issue be addressed again? Ron Brown, 443 N. E. 100th, St. The liquor license held by the Country Club was addressed, also the correct avenue to get the public informed was mentioned. PLANNING & ZONING BD REG MIG -4- 9/26/91 Mr. Skip Fazio746 N. E. 95th St. Asked how many people present oppose the plan. J.C. Brown, 50 N, E. 91st St. Mr. Brown represented Rader Memorial UMC who ownes the parsonage at 1055 N. E. 103rd St. The trustees had a meeting and rooted to strongly oppose the concept. Carol Griffen, 1576 N. E. 104th St.. Mrs. Griffin asked about the moving of the pool. She feels Miami Shores Village is a most desirable residential community without these plans. Puhlic Comments were then cut off and further comments were asked from the. Board Members, Mr. Fernandez asked for additional copies of the plans for Members to review. No decision can be made this evening. He also requested Mr. LuBien review the Comprehensive Plan and point Members to sections that are pertinent to this property and to use. He also asked for,. complete copies of the contract between the Village and PCM with all addendums and exhibits attached. These would be directed to Mr. Fann who will in turn callhim and advise him of contract rights in reference to the property. Mr. Fernandez asked for a copy of the IAPP bylaws dealing with amusement. parks. He is also interested in any restrictive covenants, and the purchase arrangements. Mr. Forney replied that the property was not connected with any WPA project, Mr. Fann would advise if this is or is not a commercial venture, Mr. Laubenthal requested a letter from DOT stating they have no problem, as indicated by the applicant, There was discussion as- to the conceptual drawing as site plan approval. Mr. LiBien willwork with the applicant to see that proper site plans are submitted. He will also inform Mr. Fernandez as to when it will be an agenda item. A recess was taken at 9:30, The meeting reconvened at 9.36 P,M., 3. REQUEST FOR APPROVAL OF BOAT STORAGE IN B-1 ZONE GEORGE` FR1X) 9715 N, E, 2nd AVE, Mr, LORien stated oil, the pertinent material is included in. Members packet, further there is no provision -in the code for storing a boat.30' or less in the B-1 zone.. There is no provision for parking a boat in excess of.20' in length. There was -.discussion and_ clarification and: reading of the code which re- gulates this boat stored in the B-1 district, .'iMr. Frix could cite no hardship and asked Members to issue a moratorium until...the Board can write a new ordinance, Mr, Fernandez advised him, the Board does not have the authority to issu% Mr.. McClure asked that.the Members. revisit the boat length. issue, Also it 'a, was. explained that. the notice of violation is held in abeyance until the I sue is solved, Discussion ensued concerning the intent of the ordinance, oratoriums Mr. Laubenthal made aimotion that the application as submitted be denied. The motion was seconded by --Mr. Forney, Following discussion on the boat ordinance and -violations, the question was called, and the;motion.passed unanimously, 4, REQUEST FOR APPROVAL OF A/C UNIT IN. GABLE END ARNOLD ILOVITCE, 284 N. 'E. 96th 'Street Mr, LuBien noted that this applicant had withdrawn.hi_s request at this time, • PLANNING & ZONING BD REG NIG -5- 9/26/91 5. REQUEST FOR APPROVAL OF VARIANCE TO INSTALL WOOD DECK RUTH Z _.HAMM, 295 N. E. 104th STREET Mr. LuBien informed 1embers that all pertinent information is included in Members packet. The deck is already installed as a surprise gift to Mrs, Hamm from her children, The house faces the avenue and the deck is in the side yard. The violation was based on setback requirements, Mrs. Hamm addressed her reasons for wanting tokeep the deck. Her children were not aware of setbacks or permits. There was discussion concerning the encroachment, the hardship variance, and change of address: for the house, Mr, LuBien noted, there is no problem withsetbacks if the address is changed, and Code Enforcement action is on hold until administrative relief is exhausted, Mr. Laubenthal moved todeny the application as submitted, seconded by Mr. Chambers, and passed unanimously' 6A and 6B on the agenda were heard next, 6A. REQUEST FOR APPROVAL OF VARIANCE TO PERMIT NONCONFORMING FL ROOM JERRY BERGERON, 1163 N. E. 101st STREET All the calculations for the variance request were listed by Mr, LuBien, they are in Members packet. The 290 sq ft, flat roof overage is substantial, Mr. Bergeron stated he intends to correct the wood frame which is in viola- tion of the code to masonry construction. He had a letter from Mr. Knezevich explaining that the pitched roof would be.impraticle. He also emphasized the atrium area is in the rear and not visible. Financial hardship was also mentioned. Members concurred they are sympathic to Mr. Bergeron's problem. The four points for hardship variance are not there and finance is not one. There would not have been -so problem if a.permit were pulled and plans submitted, The difficulty in a)obtaining a variance and the choice made by the applicant at the last meeting was mentioned, Mr. McClure's motion to deny the request as submitted died for lack of a second. Nt. Forney made a motion to grant the variance request as submitted. Mr, Laubenthal seconded the motion,for discussion. Mr. LuBien noted it wntong to grant a variance when the overagefor the flat roof is so substantial. Mr Bergeron's alternatives were discussed, The question was called and the motion failed by a vote of 1/4, Mr, Forney voting for and the other 4 Members opposed. Mr. Fernandez explained the appeal process to Mr. Bergeron. • 6B. REQUEST FOR APPROVAL. OF PLANS FOR GARAGE, ENCLOSURE SUCCESSE.PIERRE, 75 N. W. 110th STREET Mr. LuBien stated that all the codes are complied with. Mr. Pierre wants to join the house to the garage in the rear, The garage will become a master bedroom, and addition.will be a family room, laundry room, storage and bath. There are no doors to the out$ide, Mr, Pierre has owned the home about .three_years, he needs the additional space, and the existing garage has a pitched roof. Alt. Pierre was admonished to maintain his grass and hedge. The motion to approve the garage enclosure plans as su1u i,tted was made by Mx. Laubenthal, seconded by Mr -McClure and passed unanimously, • PLANNING & ZONING BD REG MTG -6- 9/26/91 6. REQUEST FOR APPROVAL OF CESSATION OF FUEL SALES HARVEY HAZEN, 8909 BISCAYNE BLVD, The request was introduced by Mr. LuBien„ noting the letter received from Mr, Hazan. It was noted this had been done before on N. E. 2nd Avenue, In further discussion Members were: advised the Village Attorney has raised serious questions relating to cessation of fuel sales, Mr. Hazan said DERM has notified bim.to take appropriate action for core samples, and removal of the underground gas tanks. Mr. Hazan stated he has a substantial investment in the Service Station and is trying to protect 16years of being in the same location. He wants to continue the lube and oil change and minor repairse:as in the past without the sale of gas, Mr. LuBien pointed out to the Board this is a requestfor approval, also that the permission was granted on N. E. 2nd Avenue only as long as the two owners owned and operated the service, and that Mr, Fann.disagreed with the action of the Board. Mr. Forney moved to approve the request as submitted, seconded by Mr. Laubenthal for discussion. Mr. McClure noted he was opposed to the previous request and opposes this request,as our ordinance does not allow auto repair shops. He is in favor of Jif -Ey Lube. Mr. Fernandez is opposed in. light of the opinion from Village Attorney. Discussion continued on the issue of economics, B-1 & B-2 districts, fuel sale, auto repair, definition of gas station, Sec.218 of the code. The question was called and the.motion failed by the following vote: Mr. Forney and Mr. Laubenthal voted YES; Mr. .McClure, Mr. Fernandez, and Mr. Chambers voted NO. Mr. Fernandez explained the process of appeal to Council for Mr. Hazen. Mr. Fernandez suggested 7, 8, & 9, & 10 on the agenda be held over for the next meeting. NEW BUSINESS Under new business, Mr. Laubenthal presented an appeal from his neighbor for a cloth awning to come out over his front door. He was advised the issue is appealable but Mr. Hage should go thru the proper process. The meeting adjourned at 10:50 P.M.. • 7I/gL4,Ao Approved 114 M. Fe anChairman 1