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10-24-1991 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 24, 1991 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on October 24, 1991. The meeting was called to order at 7:35 P.M. by Chairman, Mr. Fernandez, with the following members present: Richard M. Fernandez, Chairman Les Forney Thomas Laubenthal Larry T. McClure Absent: Cliff Walters Also present: Frank LuBien., Director of Building & Zoning 1. MINUTES - October 10, 1991 Corrections to these minutes were.: Pg 2, County. Pg 2, paragraph 5, scratch word,, .Pg change sentence to.,,request their individual The minutes of the meeting of October 10 corrected, by a motion made by Mr. Laubenthal and carried unanimously. paragraph 2, Catty should be 4, under Meeting Minutes... statemts noted,.,, 1991 were approved, as , seconded by Mr. McClure, Mr. LuBien filled the Members in on the printed ma.teri1 at each. Members place., A full copy of the lease agreement, should anyone want to look at it, is on file in Mr. LuBien''s office, 2. ELECTION OF CHAIRMAN Mr. Luabenthal nominated Mr, Fernandez as Chairman, Mr. Forney seconded the nomination. Nominations were closed and Mr. Fernandez was elected Chairman by unanimous acclamation. Mr. McClure thanked Mr. Fernandez for the outstanding. job he does in representing the Planning & Zoning Board at every Council Meeting. 3. REQUEST FOR. APPROVAL. OF PLANS FOR AWNING John Hage, 560 N. E. 102nd St, Mr. LuBien.i.ntorduced this case stating Mr. Rage is appealing his request for the awning. Mr. Rage was present and presented. copies of the elevation showing the canopy awning and pictures taken. The house is not a historically designated house, The cilor is peach and the awning will be the same color. Following discussion, Mr. Laubenthal moved to approve the request as submitted, seconded by Mr. Forney, the motion passed unanimously. 4. REQUEST FOR APPROVAL OF VARIANCE TO ALLOW WOOD FENCE.; IN: EXCESS QF HEIGHT Fred Hansel, 1185 N. E. 104th St. LIMITATION Mr. LuBien in introducing the case noted the Code Enforcement Officer noticed the fence under construction and advised Mr. Hansel of the code. Mr. LuBien further stated, no permit has been pulled, the fennce is too high, and it does not meet the requirements of the South. Florida Building Code. PLANNING & ZONING BD REG MEETING -2- 10/24/91 Mr. Hansel spoke eloquently on his own behalf, and showed pictures of his fence and other fences.. or walls in the area. He is applying for a variance to keep his wood fence in excess of the,height 1%mfit, and a letter from a neighbor praising his construction, Further he noted it has cut down considerably on the noise from the canal. Mr, Hansel could:not address the four criteria for a variance, as there are other alternatives, It was noted that`Mr, HanseV s comparison of the canal to an alley, does not apply, nor does Sec 518 of the code, After continued discussion, Mr. .Laubenthal made a motion to deny the application as subii ttted, seconded by Mr, MtClvre, the motion.passed unanimously. Mr. Fernandez informed Mr. Hansel of his right of appeal to Village Council. 5. REQUEST FOR APPROVAL OF WINDOW SIGN Edmondus `Vanderperre, 8985 Biscayne Blvd, Mr. LuBien introduced the request, stating the sign.:was placed in the window without a permit, it is not in harmony, nor is the material acceptable. The size of the sign is within the limitation, Mr. Vanderperre said the sign was placed inthe window because there is no indication that a pawn shop exists in the area. The postsign was not realizedbecause the property owner did not want it. Mr. LuBien noted that the new owner has not submitted a new proper occupational license, therefor the proper person is not making the request. Mr. Vanderperre agreed to withdraw his application and have it presented again at the next meeting. He said, he will in the meantime remove the sign. 6. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE James Pruett, 138 N. E. 107th St. Mr. LuBien stated,.Ahis is an incomplete front elevation as these plans were brought in prior to the last meeting. Included in Members packet was a sketch survey, a site plan, a floor plan of the enclosed garage, and a front elevation. The copy presented is stamped & sealed, and signed, Mr. Alfred McKnight, contractor was present to answer questions. Mr. McClure raised several; and observed, with no -window it is not in harmony. The partial elevation does not match the. property, the red Brick is a dominate feature of the house, the roof structure is not shown on the plan, Mr. McKnight indicatedit can be redesigned. Mr. Laubenthal moved the application as submitted, for reasons discussed, be denied. The motion was seconded by Mr. McClure,cand:it passed unanimously. Mr. Fernandez advised the ,contractor that he may get 3n touch with the homeowner and with Mr. LuBien. 6A. REQUEST FOR APPROVAL OF UPHOLSTERY SHOP IN B-1 ZONE 411 Beatrice Shandoff, 9845 N. E. 2nd Avenue Mr. LuBien introduced the request, stating we have a shoe repair and paint shop in the B-1zone, but upholstery shop is not listed. Mrs. Beatrice Shandoff, owner of the property expressed the owner of the business wishes to have a drapery in the window, with two chairs in a waiting room for customers to review fabrics. .A. partition wi11 divide this space from the work area. Time is of essence as the applicant is moving from North Miami to Miami; Shores, where most of his customers live, PLANNING & ZONING BOARD REG MTG -3- 10/24/91 It was noted by Mr. Fernandez that upholstery is a light industrial use. There are tac hammers, aix hammers, etc., and he is concerned with the noise and the waste material generated by such a business, It is not compatible with the B-1 zoning, Following discussion, Mr. McClure made a motion to table the request to the end of the meeting to allow the applicant to appear before the Board. The motion was seconded by Mr. Laubenthal, and carried unanimously. A break was taken. The meeting reconvened at 9:00 P.M. 7. PRELIMINARY REVIEW - POST DISASTER REDEVELOPMENT PLAN Mr. LuBien opened discussion. He stated Members have a preliminary draft of the Miami Shores Plan. Members also have a copy of the letter to Florida Power & Light from Gail Macdonald. Members were instructed at the last meeting to study carefully and be able to discuss the draft. Following study and review, Mr. Pitkin representative of Swarthout, Inc will come to a meeting to guide Members as to requirements. Hurricane preparedness plan was mentioned and questions were raised concerning use of the Country Club, this is not found in the Country Club contract. Mr. LuBien will obtain this information for the Board. Mr. McClure recommended Members might move quickly page by page. Mr. Fernandez stated each Member might make.a comment and a master list will be maintained. Following comments by Mr. Forney, Members proceeded. Pg 2, 4... drainage should be damage. Pg. 3, Coastal Zone was mentioned,. Pg 4, question was raised under each of three headings. Maps -Figure 1, question on the B zone and Coastal Area. Figure 2, some historic boundaries have been identified. Pg 7, paragraph 2. question was raised. Pg 8, paragraph 1 and last paragraph under Impact Fees. Figure 4, question. Pg 11,, Immediate Emergency period, 2. scratch North Miami General Hospital. Pgjl, 3'. question raised and answered, also question raised and answered under other two headings. .Pg:13, questions raised on the last two paragraphs. Pg 14, Policy 1.1.2 the question of elected official was raised. Pg 15, Objective 1.3 query answered by Mr.. LuBien. Policy 2.1,1 and the last paragraph, question eliminated. Pg 16, questions were raised concerning Policy 2.2.2, Objective 2.3, Land:Dee Policy, and Policy 2.3.1, Mr. Fernandez then suggested.,that Mt. LuBien, request a member of Swarthout cone to the next Planning & Zoning. Board meeting and be prepared to answer Members questions. concerning the Post. Disaster Redevelopment Plan for Miami Shores Village. Also that concerns of the Board be relayed to Mr. Walters that he will be prepared to discuss. 8. DISCUSSION - LANDSCAPE ORDINANCE Mr. Fernandez indicated that Mr. Laubenthal has done a tremendous amount of work on the subject, and Mr. Forney submitted an Ordinance draft for Miami Shores Village„ Mr. Forney explained his reasons for the document draft. Mr. LuBien provided Members with case reference of elements presently in the code which deal with landscape elements. Mr. Fernandez suggested elements be PLANNING & ZONING BD REG MTG -4- 10/24/91 unified, by eliminating certain parts of the code as being conflicting, Mr. Forney felt that none of it is redundant. Mr. Laubenthal had high praise for the proposed document, but has not had time to study it throughly, The document looked good to Mr. McClure. Brief questions were raised on .Pg 4, last sentence and Pg 5, Land/Turf/ Sod, Members will study the document and be prepared to deal with it,at the next meeting, 9. COMPREHENSIVE PLAN REVIEW - ZONING A zoning map was distributed to each Member; and a variety of areas were identified for rezoning. The areas identified by consensus and order to be addressed follow. 1. North and south of N. E. 2nd. Ave - B-1 2. Biscayne Blvd - Residences facing on,Biscayne Blvd, 3. Tropical Chevrolet, B-2 4. A-2, Motel by the canal on Biscayne Blvd. 5. Country Club 6. Barry University, S-1 7. Dog Track, S--2 Nr. Fernandez noted this is not a public hearing, but a discussion item. Under 1. it was the decision of Members to consider the B-1 district, and this will be part of the Public Hearing review. Mr. Pitkin will be asked to clarify the PRO designation, 2. The residential area facing Biscayne Blvd will not be considered for a Public Hearing. 3. Tropical Chevrolet has been a good, clean, tidy neighbor, it may change to B-1 if Tropical moves. This designation will be considered for Public Hearing. 4. Mr. Fernandez noted that Tom Benton, Director of Public Works came by his office to show, plans of .the new bridge DOT plans to build over. Biscayne Canal. The bridge will be higher and wider. Members concurred„ the bridge is a realty and this .area should be considered for Public Hearing. 5. The unzoned property north of the Country Club must have a zoning designa- tion, zoning must comply with the Comprehensive Plan. Mr. Fernandez presented copies of the proposal put together by J. D. Varney, Recreation Director, in response to a query from Mr. Fernandez, for the creation of a Vita Course on this site. This indicates alternate uses for the land and this area will be recommended for Public Hearing. 6. Mr. Fernandez informed Members of a preabieu_2 moveto the Indian River area by Barry University, S-1. It was noted that this area will be scheduled for Public Hearing for appropriate zoning. 7. The dog track now designated as S-2 has been discussed and conflict raised by their request for a flea market plusother uses for the interior. This area is not compatible with commercial use and it will be discussed at Public Hearing. Mr. Fernandez suggested that there will be Public Hearing on the Compre- hensive Plan as provided by. State Statues. This will be discussed at the next meeting for specific recommendation for specific tracks. Comment time was opened to the Public present. The area north of the Country Club for a Vita Course was supported. Further interest was expressed concerning zoning of Barry University and the Dog Track, The question was raised concerning the legality of the Village to zone the area northof the Country Club. PLANNING & ZONING BD REG MTG -5- 10/24/91 10. B-1 REVIEW An apology was made to Mr. LiBien concerning the statement on Planning & Zoning Board traditions, that items were sent to Council prior to being re- viewed by Members of the Planning .& Zoning Board, It was not to imply that this was done by Mr, LuBien. Mr. Fernandez stated that Council asked Planning & Zoning Board Members take another look at three items listed on the porposed Changes to B-1 District uses. Bookstores, it was determined would remain a prohibited :use. Firearms & Accessories will remain under Retail. Vending under Prohibited uses will be scratched. Nr. Laubenthal made a motion that B-1 outline be sent to Mr. Fann, Village Attorney to be placed in Ordinance. form. Mr. Forney offered an amendment, that this outline in Ordinance form be returned in 30 days, which was accepted. Mr. McClure seconded the motion, as amended, and it passed unanimously. 6A. The applicant was. not present for this hearing. Mr. Forney!'s motion to approve the upholstery shop failed.for lack of a second. Mr. Laubenthal made a motion to deny the application, this also failed for lack of a second, Mr. McClure noted -the applicants! absence, and suggested under the circumstance. she be allowed to return with the request. The meeting adjourned at 11:15 P,M, n ecretF ary • Approved chard M. Fe andez, Chai