10-10-1991 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD REGULAR MEETING
OCTOBER 10, 1991
A regular meeting of the Miami Shores Village Planning & Zoning Board
was held on October 10, 1991. The meeting was called to order at 7:35 P.M.
by Mr. Fernandez, Chairman, with the following members present:
Richard M. Fernandez, Chairman
Les Forney
Thomas Laubenthal
Larry T. McClure
Cliff Walters
Also present: Frank LuBien, Director of Building & Zoning
1. MINUTES - September 12, 1991. The technical question of the minutes of
this meeting will be resolved later in the meeting, as noted by Mr. Fernandez.
MINUTES - SEPTEMBER 26., 1991
A number of corrections to these minutes was called for by Mr, Fernandez.
Pg 2, paragraph 4...In response to legal questions from the public and the
Members of the Board, Mr. Fernandez advised that legal questions are best...
Pg 2, paragraph 6, add..,Mr. Fernandez advised Mr, Bernstein, this is your
opinion, the entity would be determined by the Planning & Zoning Board.
Pg 2, paragraph 7...chamber. Pg 2, paragraph 9...In response to query, it was
noted that Country Club.,. Pg 3, paragraph 5...Craig Sangerman, 482:, N. E. 93 St.
add...Mr,
LuBien commented that no more than 2 video games are allowed at one
address in Miami Shores. Pg 3, paragraph 9, add,,,in reply to a question...
Pg 4, Item 3, add to the end of paragraph.2,,.Mr. Fernandez advised him the
Board does not have the authority to issue a moratorium. Pg 5, 6A,, paragraph 3
...not have been a,..
The minutes of the meeting of September 26, 1991 were approved, as amended,
by a motion made by Mr. Forney, seconded by Mr. Laubenthal, and passed unanimously.
Mr. Walters abstained as he was not present at that meeting.
Mr. Laubenthal requested that a corrected copy of these minutes be presented
to Members when Item .2. Family Golf Center again comes before the Board.
Mr. LuBien stgted.-that he had been advised that minutes are to reflect actions
taken, they are not supposed to be verbatim report of what took place at the
meeting. We are becoming more and more lengthy and being bogged down by miniscule
details, we must become accustomed to the fact that minutes will not reflect
verbatim discussion. This issue will be taken up later in the meeting.
Mr. Fernandez expressed gratitude to Mr. Chambers who served admirably on
the Board for four years. It is his hope that Members of the Council will
properly honor Mr. Chambers for his efforts on behalf of this Board. Mr. Forney
made a motion that Council honor Mr. Chambers with a plaque in recognition of
his service, seconded by Mr. McClure, and carried unanimously.
Mr. Fernandez introduced and welcomed Cliff Walters as the new Member of
the Planning & Zoning Board. Mr. Walters works for Metro Dade County as
Executive Assistant in the City Manager's office. Nr. Walters expressed a few
of his own feelings and is anxious to serve.
PLANNING & ZONING BD REG NTG ,2•- 10/10/91
2. REQUEST FOR APPROVAL OF PLANS FOR ADDITION
RANDY NANNALERU1 . 210 N. E. 107th ST.
Mr. LuBien introduced and presented the facts of the request. A new set
of professional drawings is presented for Members to review. Mr. Nannapperuma
is present to answer questions,
In response to query from Nr, Fernandez, Mr. Walters who works in the
Manager's office nor Mr. Mannapperuma who also works for the pltr know each County
other, nor is there any conflict of interest, Coity
Nr. LuBien stated the previously drawn roof plans were not possible. This
new set of plans is acceptable. The Board needs to concern itself with the
actual arrangements, the proximity to the existing structure. The existing
kitchen will be wide open to the stairway to the second floor. Previous plans
created two separate living spaces, Mr. LuBien reported thate are no fire code
violations that he is aware of. Also there is no bath in the new area. The
septic tank is on the east side of the house.
Nr. Laubenthal asked Nr. Mannapperuma some questions concerning the drive-
way -two entrances. In response to query, Mr. LuBien noted he has no problems.
Mr. Laubenthal ze-le�y approved the request as submitted, seconded by
Mr. McClure and passed unanimously.
3. REQUEST FOR APPROVAL OF PLANS FOR. GARAGE ENCLOSURE
YOUNG YUTH NETHONGKOME, 1260 N. E. 97th ST.
The request was introduced and presented by Nr. LuBien. Members reviewed
a complete set of plans which show the family room with a laundry room in the
rear. Masonry is to be used to enclose the garage, The only access is through
the living room,
Nr. Fernandez explained for - the applicant, the request from Council to
scrutinize all garage enclosures and the reasoning for this,
Nr. Yuth.explained,.':.in response to questions, the family room is for his
family use, there is a curved driveway.which will remain., 5' of driveway to the
garage will be removed and the area will be landscaped,
Nr, McClure requested Mr. LuBien to advise applicants.that,a.full elevation
of the enclosure is. requested,
Nr. Laubenthal moved to approve the application with modifications as
discussed with stucco finish and landscaping, seconded by Nr. Forney and carried
unanimously.
4, REQUEST FOR APPROVAL OF PLANS FOR AWNING
JOHN NAGE, 560 N,E. 102nd ST.
Nr. Laubenthal reported the applicant is out of town, and his wife is unable
to attend this meeting. Mr. Laubenthal further stated, Nr, Hage requested the
Board take action on his request. Mr. Fernandez announced, it is the policy of
the Board not to address cases where the applicant is not present. Nr. Forney
asked if hardship were created by not hearing this case.. Mr. LuBien reported
this is appeal of his decision. Nr..McClure requested a full drawing of the
house, ornore.information than is here presented.
Nr. Laubenthal moved to table the appeal to the next meeting, seconded by
Mr. McCluxe, and passed unanimously.
Nr. Fernandez requested Mr. LuBien to place this item on the ist part of the
next agenda.
PLANNING & ZONING BD REG NTG -3- 10/10/91
5. REQUEST FOR APPROVAL OF PLANS FOR SECURITY DOORS
MALCOLM GOLDSMITH, 9612N. E. 2nd AVE.
The request was presented by Mr. LuBien who stated he brings this to the
Board because of a recommendation by Barbara Witte, Project Manager of the
DRB. Mr. LuBien read 7. pertaining to security bars. He also enclosed in
Members packet a sketch of the security doors to be installed. He explained
the doors are outside, one will be swung back all day and if requested the
other will swing back also. Mr. LuBien stated the bars.in front window are
ok, and the bar on the back door is not at issue, The contractor was advised
of this opinion.
Mr. Goldsmith stated there is much computer equipment inside and many
thefts in the area, security is needed, Mr. Fernandez asked if other alterna-
tives were explored? Members concurred with Mr. Fernandez, that security bars
and doors are not recommended for the outside, but are: alright din the inside.
Mr. Goldsmith agreed the security doors could be placed inside, he then
withdrew his request,
6. REQUEST FOR APPROVAL OF CHANGE OF ADDRESS
RUTH HAMM, 2Q5 N. E. 104th ST,/ Change to: 10404 N. E. 3rd AVE.
Nr. LuBien presented the fatt.s.:.. Mr. Fernandez updated Members on the
request for change of address.
Mr. McClure commented, it isnot rare for one to request an address change
and return later to correct an unforseen.problem, Mrs. Hamm stated, she
appreciates the comments, but likes the change of address idea, if for no
other reason than the difficulty people have hadin finding her house.
Following brief discussion, Mr. McClure moved to approve the request as
submitted, seconded by Mr. Forney, and carried unanimously,
Mrs. Hamm was advised she must also change the address With the post office
department, and.the Secretary must change the envelope in file,
A break was taken at this time. The meeting reconvened at 8:30 P.M.
After rereading the minutes of the meeting of September 12, 1991 a re-
quest was made by Mr. McClure to white out that sentence which was requested
at the last meeting.
7. DISCUSSION - FUTURE AGENDAS
Mr. Fernandez noted this item is on the agenda, because of business which
must be attended to over a period of time, and to establish some time lines.
1. Comprehensive Plan Review. There are specific zoning considerations to be
looked at, especially in the S-1 (Dogtrack) and S-2 (Barry University). The
deadline for, this review is the end of this year. Zoning changes and infra-
structure elements and service elements are both important as they refer to
the Comprehensive Plan, In discussion on census information,:Mr.1 1ifc:Raltets
indicated he can obtain this information for the Board. It was suggested that
for the dollars charged, the Board maynot need.Swarthout Incoxpo±ated. In
rebuttal this idea was deemedinappropriateif the State makes changes in rules
& regulations,
Much discussion followed, concerning the issue of zoning on Biscayne Blvd.
a$ well as: S:1 & S-2. cTropical Chevrolet and the vast track of unzoned property
north of the Country- Ciubadd the Motel just over the bridges, Waterfront con-
siderations was also mentioned. In response to Mr, Walters, it was noted that,
Biscayne Blvd is looked at in response to homeowners. Mr. McClure requested the
PLANNING & ZONING BD REG IITG -4- 10/10/91
Chairman have on the agenda, at the earlist convenience, those areas which
will be discussed, Mr. Fernandez indicated the first block should be the
zoning gtestion as a whole, using his zoning map as a guide,. Copies will be
made available for the next meeting. In response to.query,'i.t was noted,
zoning is looked at within the framework of the Comprehenside Plan review.
Mr. McClure noted the possibilities may also be mentioned. It was clarified
this is the Land Use Portion of the Comprehensive Plan. Other sections would
be broken up and also reviewed.at subsequent meetings,
MEETING: MINUTES - . _:
Members concurred that Mr, LuBien and Mr. Forney are correct and present
a good point, in that the minutes are not to be a verbatim discussion ofggtrans--
hat
pired. Action taken should be listed. It was explained whj the habit of
lengthy discussion came about. Members would continue .to have the right to
.fox„the record. The secretary
was praised for her efforts. teques,t their individual statements noted,
Discussion on future agendas continued. Members agreed that the Chairman
have some discretion on the items listed on agendas.
Mr. Forney suggested someone other than Mr. Fenn might write an ordinance,
send it to Mr, Fenn with the request that it be returned within a specific time
fine.., and notify the Village Manager of action and request. The Metal Structures
issue was noted & clarified for Mr. Walters,
8, PRELIMINARY REVIEW - POST DISASTER REDEVELOPMENT PLAN
This issue will also be addressed at a subsequent meeting as stated by
Mr, Fernandez. Mr. Lupien noted this item is provided in the Comprehensive Plan,
This report is a more in depth plan, Mr. Fernandez noted this plan may go along
with the Hurricane Emergency. Plan which he requested Members receive a copy of.
Certain aspects of the Plan were mentioned by.Mr, Fernandez.
Mr. McClure suggested this Plan might -be commented on page by, page.
Mr. Fernandez was prepared for a priliminary review and continued. Pg 2-4.
Pg 4 - Public acquisition of threatened property. Pg 7 Thereis no large con-
centration of sub -standard housing in Miami Shores Village. Pg 11 - 2 IMMEDIATE
EMERGENCY PERIOD, also on the same page Oral.Prelitinary Damage Assessment. No
chain of command is listed. Pg 14 - Policy:1.1.2. Pg 15 - Policy 2.1,1,
Pg 16 - Policy 2;2,2. On the same page it was suggested Policy 2.3.1 be eliminated.
Flood zone as. opposed to Wave action was explained to Mr.. McClure. Also on
Pg 13 the Community Center is listed for:use as livable housing, without a plan
for use. Shelters was discussed -by Members.
Mr. Fernandez requested that at the next meeting Members be prepared to
deal in detail with Post Disaster Redevelopment Plan. Mr.,:Walters noted that,.
because of preplanned travel commitment he will submit comments in writing.
Mr. Fernandez further stated that Mr.'Pitkin will be invited to a"meeting after
this has been discussed, and:a full accompaniment of Members will be present.
9. DISCUSSION - LANDSCAPE ORDINANCE
Mr. Forney opened discussion by stating the dire need for a Residential
Landscape Ord. Mr. Fernandez asked the question, is this. Code tedundent?
PLANNING & ZONING BD REG NIG
-5, 10/10/91
This question was discussed at length.
The ordinance was then discussed item by item. a. Is ok to be left in.
Strike all of b. Under c. 'non living vegetation'' would be added in place of
shrubbery. di Adequately broad - leave as is. First sentence of e. is ok.
Height should not exceed 8 inches. Mr. LuBien explained Code Enforcement
procedures. f. 10% should be changed to 25%. Also the South Florida Water
Management District Code should be included in this section. Mr. Walters
will provide copies of this issue for Members. This will be a sub -paragraph.
2. Will be omitted in its' entirety,- 3. The word xeroseape is to be left out,
this will be reworded. 4. Omit.
Mr. McClure suggested that all references to the Landscape Ordinance be brought
together gather than scattered throughout. the Code. A cross reference might
help. Mr. LuBien will supply -each Member with a list of various ordinances
and where they are located in the code.
Mr. Fernandez noted this item should be wrapped up at the next meeting.
Also 10. Discussion - Metal Structures and 11. Discussion 2nd Floor AdAitions
will be covered at the next meeting.
NEW BUSINESS
Letter from the Village Manager was read by Mr. Fernandez. It was noted
this is not a function of the Planning & Zoning Board, It was also stated,
when the Council requests -the Board responds. Mr. Fernandez then read from
Pg 1140, Sec 19-19 of the code. Mr. Laubenthal stated, for the record,"the
Village Manager herself and the Council agreed that the Planning,& Zoning Board
has a significant agenda, as pointed out, and that this item shall be evaluated
in perspective of the rest of their framework.". In light of this statement, the
Chairman will weigh the matter appropriately and place it on the agenda.
Mr. McClure commented such. a statement can get into areas that lead to other
things, but we must do as Council dictates. Members concurred. with.Mr. Fernandez
that the Board has reflected on the letter, but is somewhat perplexed as to why
it was directed to Planning & Zoning.
Nr. Walters explained, he would like to be present when the Country Club
again presents its request for a Family Golf Center. This issue was discussed,
it was determined to wait and see if the issue comes up againat the next meeting,
Mr. Fernandez has not yet received the required materials requested, concerning
the issue.
Items for the next agenda as clarified. by Mr. LuBien are: Post Disaster
Redevelopment Plan, Landscape Ordinance, and.Meta1 Structures.
Mr. McClure talked about Traditions of the Planning & Zoning Board, and
how tb..ey have been broken recently. 1, Planning:'& Zoning Board's reworked or
written Ordinance sent to Village Attorney to be put, in approvedllegal language,
come back to Planning & Zoning for approval and sent to Village Council for
approval. .Draft documents have been placed on hold. 2.. Sending items clearly
not within the realm of Planning & Zoning. Members were in unanimous agreement
that a polished and completed document be. sent to Council,
PLANNING & ZONING &D BEG 1iTG 10/10/91
On the subject of variance exceptions as mentioned by Mr. Fernandez,
Mr. LuBien agreed to strike exception from: future statements or requests.
The meeting adjourned at 10130 P.M.
. Fern�dez, Chai an
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