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12-12-1991 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING December 12, 1991 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on December 12, 1991. The meeting was called to order at 7:30 P;,bi. by Chairman, Mr. Fernandez, 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 - NOVEMBER 14, 1991 There was a correction to the minutes of November 14, 1991 on page 4, 11 lines from the bottom,'Mr. Pitkin suggested, to be in conformance to the Comprehensive Plan.' The minutes of November 14, 1991 were approved as corrected, by a motion made by Mr. Walters, seconded by Mr. McClure and passed unanimously. 2. REQUEST FOR APPROVAL OF PLANS FOR WOOD FRAME .& STUCCO EXTERIOR WALL RON GUERRA, 1050 N. E. 107th STREET Mr. LuBien presented the facts of the case. Included in Members packet was a copy of the minutes of September 12, 1991 at which time Mr. Guerra presented plans for a carport enclosure, elevations, a copy of Sec C frame wall over carport, and a copy of a letter from Mr. Guerra requesting this approval for variance. He noted the existing house is wood frame and stucco and the request is that this same construction be carried out in the addition. Mr. Guerra stated his reason for requesting the change is so that the addition will look as much as possible like the existing house. Following discussion of the previous minutes, and the knee wall, the application was approved seconded by Mr. Forney and passed by a 4/1 vote. Mr. Fernandez voted No. approved) a motion made by Mr. Laubenthal) 3. REQUEST FOR APPROVAL OF VARIANCE JOINING HOUSE & GARAGE WITH ROOM ADDN. WILLIAM BILLINGS, 285 N. E. 103rd STREET A detail sketch of survey was given to each Member by Frank LuBien. This is a variance request because the garage is less than 15' from the rear property line. The addition would then create a non conforming structure, as it encroaches on Public Property (the alley). Mr. Billings presented his request for a variance to make the house a three bedroom, 3 bath and attaching the addition to the garage and the main house. He stated he has done much work on the house since he purchased it, and this is a plea for the addition. Mr. Billings said he will build any way the Board dictates. He was told the Board gives no advisory opinion. Many questions were raised by Members, concerning a change of address, the CBS construction on the garage and if it will remain as is, roof structure, setback, alleyway, etc. Members had many unusual questions. The question was asked, is this for site plan approval? The point was made that this is a request PLANNING & ZONING BD REG MTG -2- 12/12/91 for an addition to a non conforming structure. Mr. McClure noted there are two places where the house is non conforming. 1. Because the garage is too close to the house and 2. because of the setback. Mr. LuBien read from Sec524 which deals with addition without a variance. Mr. Billings withdrew his application. 4. REQUEST FOR APPROVAL OF PLANS FOR PLAYGROUND IN FRONT SETBACK BURGER KING, 9099 BISCAYNE BLVD. Mr. LuBien stated that pertinent information was sent out in Members packet, and the picture of the equipment is the information available. Mr. LuBien in presenting the case stated, this is a grey area which doesn't comply with the intent of the code. The request is for a fenced in area in the front setback. The question is the equipment to be installed. Mr. Mario Flores, Facilities Manager for Burger King was present. He noted Burger King wants to add a playground which may be disassembled. It will have a canvas canopy with a nylon screen, and safety features. Questions were raised by Members concerning a fence approximately 5' high in the front setback, parking, problems with crime and prostitution south of the area, the canvas awning, green space, and colored roadside attraction on Biscayne Boulevard. Mr. Forney made a motion to deny the request as submitted, seconded by Mr. Laubenthal, and passed unanimously. Mr. Fernandez explained the right of appeal to Council. 5. REQUEST FOR APPROVAL OF PAWN BROKERS LICENSE - VARIANCE SHORES JEWELERS, 9721 N. E. 2nd AVENUE Mr. LuBien in presenting the case noted, he put it on the agenda in re- sponse to a letter from Mr. Weissman. It is the only contact he has had on the request. It is a request for a variance to allow for a pawn broker, when in fact there is no provision for a Pawn Broker in the B 1 or B 2 district. Mr. Jack Weissman was present, and stated he will not deal with bikes, or fire arms, or televisions, but the buying and selling of jewelry only. It was noted that a pawnbroker is not allowed in the B 1 zone and Mr. Weissman cannot be held to buying and selling jewelry only if granted a variance for a pawnbroker. Further Mr. Weissman could not reply to the four criteria for a hardship variance. Mr. Walters noted other businesses on N. E. 2nd spoke very highly of Mr. Weissman and his method of doing business. Mr. Weissman withdrew his request. 6. REQUEST FOR APPROVAL OF PLANS FOR DISH ANTENNA CHEVRON U.S.A., 9601 N. E. 2nd AVENUE Mr. LuBien in introducing this case stated it is a request for a 3' dish antenna in the side yard and not in the rear. He included in packets copy of the plan, detail, and screen plan. Jo Collins stated she is a representative of Vidcom Corp. who will install the dish for Chevron, at their own expense, for the purpose of credit card approval, gas consumption, etc. It will be used as part of Chevron nationwide network. PLANNING & ZONING BD REG MTG -3- 12/12/91 Mr. Orlandi was present . In response to query from Mr. McClure, Jo Collins replied the satellite used in SBS 6 is 99% degrees, and not high but higher than F3. She further stated it can be placed on the roof subject to studies and note from Structural Engineer stating the roof will support same. After further brief discussion, a motion was made by Mr. Laubenthal to deny the request, seconded by Mr. Forney and passed unanimously. Ms. Collins was advised the Board will consider roof mount and screening alternatives. 6A. REQUEST FOR PERMISSION TO PARK VEHICLE IN REAR YARD MR. & MRS. DAWKINS, 154 N. W. 97th STREET Mr. LuBien stated, this is a commercial vehicle, being used for commercial purposes. The lettering was removed, being painted over, but this did not change a commercial vehicle. This is an appeal of Mr. LuBien's decision not to park a commercial vehicle on the premises. Mr. Fernandez noted Planning & Zoning does not like to become involved in Code Enforcement matters and he asked the issue be clarified. Mr. Dawkins noted the Code Enforcement Officer advised him the vehicle must be parked in the garage where it will not fit. The vehicle is used as a lunch van to support his family. This is not a constant visual aspect. The broker did not inform him,,when he purchased the house, that he could not park the vehicle in the yard. Much discussion concerning the request, and much sympathy for Mr. Dawkins plight followed. Mr. Laubenthal moved to deny the request, seconded by Mr. Forney. In discussion, Members were advised Mr. Dawkins will be cited, other arrangements should be made for the vehicle, the residential area he lived in, and his right of appeal to Council. The vote was called and the motion passed by a unanimous vote. 6B. REQUEST FOR APPROVAL OF ROOF PAINT NORVILLA FLOREAL, 150 N. W. 107th STREET Since this case was tabled at the last meeting, Mr. Laubenthal made a motion to remove it from the table, seconded by Mr. Walters, and passed unanimously. Mr. LuBien noted this is a mildew and moldy dirty grey roof and Ms. Floreal wants to clean and paint it white. Ms. Floreal stated the roof is black from dirt and she wants to have it cleaned and painted,. Members discussed painted roofs and colors fading, and they gave some examples pro & con. Mr. Laubenthal!s motion to deny the request failed for lack of a second. Mr. McClure noted, the main problem with roof in Miami Shores is mold and mildew, and mentioned the better quality of paint used today. He does have a major problem with colors being used, but has no problem with a paintedwhite roof. Tradition has been broken by allowing numerous construction to have painted tile. • Mr. McClure moved to allow Ms. Floreal to clean and paint her roof white, seconded by Mr. Forney, and passed by a 3/2 vote. Mr. Laubenthal and Mr. Fernandez voted No. PLANNING & ZONING BD REG MTG -4- 12/12/91 A break was taken at this time. The meeting reconvened at 9:08 P.M. 7. DISCUSSION - POST DISASTER REDEVELOPMENT PLAN - DRAFT #2 Mr. Fernandez stated this comes before the Board because of Federal regulation to revise the Emergency Plan, the Post Disaster Redevelopment Plan. Draft #1 has been completed. He introduced Mr. Pitkin and Mr. Swarthout who prepared the Plan. Mr. Pitkin stated there are minor changes in Draft #2 coming from analysis and discussion last month. He concentrated on the Policies changed in response to discussion last month. On page 14, Policy 1.1.2. Council Member was added to the Task Force. Mr. Forney objected very strongly to this, and Mr. Walters agreed. Mr. Fernandez stated Mr. Forney's comments have merit and requested Council Member be deleted from the list. Page 15, Policy 2.1.1, Electric & water was deleted (as being confusing) and now it simply refers to the seawall. Policy 2.1.2 is ok as written. Page 16, .Destroyed. Wording revised, how to deal with extension of Bayfront Park. (Specific funding sources were mentioned). It is not a mandate but an option. Same page, Policy 2.2.1 and Policy 2.2.2, any reference to local funding was deleted. Pg 17, Policy 2.3.1 was called attention to. Question was raised on Pg 7, 2nd paragraph, concerning sub -standard housing. The question was answered, this is in for information purposes. Mr. Pitkin explained this will be a part of the Comprehensive Plan Amendment package. He will submit Draft III, it would be held until the Board is ready for Public Hearing and whatever package to be sent to Council and to Tallahassee. 8. DISCUSSION - PROPOSED ZONING CODE AMENDMENTS Mr. Pitkin noted he had sent a copy of this suggested amendments to Zoning & Land Development Code to acheive Comprehensive Plan consistency. Mr. Pitkin called attention to Page 3, Schedule of Regulations, which is in the format of the table in the zoning code. P formerly Public is now Park District. Mr. Pitkin addressed Permitted Uses and stated other descriptions remain the same. The second one is now CF District. He outlined Permitted Uses under this district and noted the main difference is the parking which he changed slightly. It was noted the zoning changes must be made to be consistent with the Comprehensive Plan. The issue of spot zoning was discussed with Mr. Swarthout taking part in discussing legal and illegal spot zoning. Mr. Pitkin then explained the Miami Shores Village Zoning Map. The zoning areas shown with corrections of new zoning designations. Mr. Pitkin noted, if Members agreed with this package, the next step is to set it up for Public Hearing. Mr. Fernandez noted, this item is to be moved on the fast track. Mr. Laubenthal made a motion to accept the changes discussed, seconded by Mr. Walters. In discussion Mr. McClure asked why this isn't going to Public Hearing. Mr. Laubenthal withdrew his motion. Mr. McClure moved a.request be made that the Village Attorney place this. information in resolution form and to set a Public Hearing date, seconded by Mr. Laubenthal. Mr. Swarthout noted he will provide all information to the Village Attorney. The motion passed unanimously. It was determined Swarthout, Inc. could have the resolution ready in 2 days, and the Public Hearing may be set for the second meeting in February. PLANNING & ZONING BD REG MTG -5- 12/12/91 9. DISCUSSION - COMPREHENSIVE PLAN AMENDMENT RELATIVE TO DOG RRACK AND RELATED MATTERS (Lora Lee Knore, Court Reporter for Mr. Alan Gold, Attorney representing the dog track was present) Mr. Pitkin noted that at the request of the Board he prepared and had sent to each Member a Proposed Comprehensive Plan Amendment. He read from the bottom of page 1.8, the paragraph dealing with the dog track. On page 1.14, Policy 1.6.1 makes no mention of the dog track under restricted or General Commercial. He explained deletion of the dog track under these listings. Mr. Fernandez discussed with him the dog track, in depth. On the first page under Alternative the dog track has a Special Approval Use. Dog track zoning was discussed at length. On page 1, Mr. Pitkin explained the Parking Catagory as listed in the 1984 Zoning Map was inaccurate, this inconsistency needs to be resolved. Mr. Pitkin then addressed Water Level of Service Standard and his recommendations. Mr. Fernandez suggested another draft on these matters and forward it as part of the package for Public Hearing. Mr. Pitkin pointed out that this must be submitted in a fairly complex DCA required format. Mr. Fernandez asked that Frank LuBien inform Gail. Macdonald of this request for additional funds for DCA Comprehensive Plan Amendment to be sent to Tallahassee. Mr. Alan Gold, Attorney with Greenberg Traurig Hoffman and representing Biscayne Kennel Club Inc. Mr. Gold addressed the dog track issue and stated he is disturbed by the change of designation from multi -family to single family. The amendment to the Comprehensive Plan is not a simple straight forward issue and it must be reviewed and given careful consideration. Meaningful and pro- ductive dialogue must take place with Biscayne Kennel Club regarding this pro- perty. Mr. Fernandez noted there is time remaining for input in this process. Mr. Gold pointed out that in rule 9J5 as well as the State Statue addresses citizen participation and this is the first opportunity he has had to address the deliberation. 10. DISCUSSION.- 5.4 ACRES AT COUNTRY CLUB TOM LAUBENTHAL Mr. Fernandez, as a point of information stated, this 5.4 acres was the subject of a developmental plan submitted by the lease -holders of the property. The application was withdrawn. Subsequently citizens maintained the land be put to some sort of active park use. The issue went to Council who could not make a decision without a planned proposal. Mr. Laubenthal picked up the ball and proposed the concept from Planning and Zoning for use of the property as a Vita Course. Mr. Laubenthal stated his plan for a Vita Course comes from a request from Council for a plan and public outcry. The primary function will include activities such as walking, jogging, and exercise program for adult and young adult. Mr. Laubenthal had his plan drawn out in color on a site plan of the property. He pointed out loopes that follow a specific program for the Vita Course. A warm up area, access, landscaping, buffering, multi use, parking and minimal cost to develop. He answered questions concerning Biscayne Blvd and the swell area. Mr. Pitkin remained and noted this plan is in keeping with the Comprehensive Plan and the acess to the Vita Course. Mr. Pitkin was thanked by Mr. Fernandez for all his guidance along the way. • • PLANNING & ZONING BD REG MTG -6- 12/12/91 Questions were raised concerning involvement with the Parks & Recreation Department and suitability in terms of the contract with the Country Club. Long term maintenance was mentioned. Mr. Fernandez & Mr. McClure thanked Mr. Laubenthal for his efforts on behalf of the Village. This plan looks to a concept and is not specific. Mr. Fernandez suggested it be recommended as a conceptual site use en- dorsed by Planning & Zoning to Council. Mr. McClure moved to recommend to the Village Council from Planning & Zoning this conceptual site use, in keeping with zoning as presented in the Comprehensive Plan. Mr. Laubenthal seconded the motion which passed by a unanimous vote. 11. DISCUSSION - ADMINISTRATIVE SCHEDULING LARRY MC CLURE Mr. McClure pointed out, there are many items to be discussed and not enough time. He suggested an extra meeting Per month could help. Mr. Fernandez noted he had talked over the matter with the Village Manager, who stated funds are available for Staff representation at this meeting. It would be a discussion - workshop type meeting, held around the table in the Village Managers office. Following discussion it was further determined these meetings will be held on the fourth Wednesday of the month beginning in January. Neighbors would list this meeting in the Agenda Meeting Schedule, so that people might be informed of same. The December 26th meeting was cancelled. A number of Members will be away. The meeting adjourned at 10:45 P.M. Approved chard M. F andez