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11-12-1992 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING NOVEMBER 12, 1992 A meeting of the Miami Shores Village Planning & Zoning Board was held on November 12, 1992. The meeting was called to order at 7:33 P.M. by Chairman Richard M. Fernandez with the following members present: Richard M. Fernandez Les Forney Cliff Walters Larry McClure Tom Laubenthaf Also Present: Mr. Frank LuBien, Director Building & Zoning Mr. Bill Fann, Village Attorney 1. Minutes - October 22, 1992 Mr. Laubenthal moved to approve the minutes as submitted. Mr. Forney seconded the motion and it passed unanimously. 2. Request for approval of plans for restoration of buildings to original configuration and reinstatement of non -conforming status. Mr. Robert Kurland 969 NE 92 Street Mr. LuBien gave the Board a summary of the problems associat- ed with the property and explained that the property was deemed abandoned for a period of 6 months and therefore the non -conforming status ceased. Attorney Alan Kan represented Mr. Kurland and explained that Mr. Kurland did not feel as though the "grandfather" status expired. Mr. Fernandez called a recess at 7:58 P.M. and reconvened at 8:03 P.M. After further discussion, Mr. Fann stated that the applicant can use the property as a single family dwelling and that the grandfather status no longer exists for this property. Mr. Frank Karr, an employee of Mr. Kurland, stated that he applied for a permit to perform work on the property but was refused by Mr. LuBien because the property had lost Its non- conforming status. Planning & Zoning Board meeting -2- Nov. 12, 1992 PUBLIC COMMENTS Mr. Charles Smith 918 NE 92 Street Stated that the property history 'did not Indicate any acceptance of a non -conforming use. After further discussion, Mr. Walters moved to affirm the Building Officials decision to deny approval of plans for restoration of the buildings to original configuration and the reinstatement of non -conforming status. Mr. Laubenthal seconded the motion and it passed unanimously. Mr. Fernandez Informed Mr. Kan that he could appeal the decision of the Board In writing within 10 days to the Village Council. Mr. Fernandez called a recess at 8:31 P.M. and reconvened at 8:36 P.M. 3. Request for approval of variance to permit fiberglass shingles. Mr. Robert Gross 1051 NE 92 Street Mr. LuBien Informed the Board that the applicant withdrew the application. 4. Request for approval of variance for 5' side yard set- back. Mr. Victor M. Qulnaz 87 NE 93 Street Mr. LuBien explained to the Board that Mr. Qulnaz Is requesting a variance to the side setback requirement. The Code requires 10 feet and Mr. Qulnaz would like to have 5 feet. Mr. Qulnaz explained to the Board that the 5' setback would be more convenient for a walking space as well as a safty precaution. After further discussion, Mr. Qulnaz requested to amend his request to a 9' setback. The Board granted his request to amend the application. After further discussion, Mr. Walters moved to approve the amended application with a 9' setback. The motion failed for lack of a second. Mr. McClure moved to deny the approval of the variance. Mr. Laubenthal seconded the motion and the voting was 4 to 1 with Mr. Walters voting NO. Mr. Fernandez Informed Mr. Qulnaz that he could appeal the decision of the Board to the Village Council In writing within 10 days. Planning & Zoning Board meeting - 3 - November 12, 1992 5.Request for approval of change of address. Anthony Delucca 10115 Biscayne Blvd. Mr. Bill Lengyel represented Mr. DeLucca. Mr. Fernandez asked Mr. Lengyel If he had a legal right to represent the Delucca family through power of attorney, or was he a contractor, engineer, architect or attorney. Mr. Lengyel responded that he was none of those professions and that he was a professional realtor. Mr. Fernandez explained that his position as a processional realtor was not proper representation for the Deluccas and that for this case to be properly represented, the Deluccas should be present because of various Issues that arise from such a change. Only the owners could make the decisions. Mr: Fernandez stated that In his opinion, Mr. Lengyel did not have the legal right to make a decision for the property owners as the various Issues are presented to the Board. 6.Request for approval of plans for flat roof addition Adela V. Pacheco 234 NE 99 Street After a short discussion, Mr. McClure moved to approve the application as submitted Mr. Forney seconded the motion and it passed unanimously. 6A. Request for approval of variance to permit patio awning. Elizabeth Hernandez 75 NE 104 Street Mr. LuBien explained to the Board that the house had an existing aluminum awning that was destroyed by the hurricane and that Ms. Hernandez wanted to replace the awning because of the sun that enters the home and also to prevent rain from entering into the home. Ms. Hernandez explained that with the awning in place pre- viously, when It rained, the rain did not enter Into the home and that it was necessary to replace the awning In order to prevent any further damage to the interior of the home. Ms. Hernandez also explained that without the awning, the sun Is so strong that It Is very difficult to keep the house at a comfortable temperature. After further discussion, Mr. Walters moved to approve the variance. Mr. Forney seconded the motion and the motion passed with a 4 to 1 vote with Mr. Fernandez voting NO. • • Planning & Zoning Board meeting - 4 - November 12, 1992 Old Business Mr. Fernandez confirmed with Mr. LuBlen that Mr. Pitkin will be at the December 10, 1992 meeting. Mr. Fernandez also confirmed that Mr. Tom Benton, Director of Public Works, will also be present at the December 10, 2 meeting. A motion for adjournment was made at1e Veronica A. Galli Secretary chard Chairman andez