03-24-1994 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING MARCH 24, 1994
The regular meeting of the Miami Shores Planning & Zoning
Board was held on Thursday, March 24, 1994. The meeting was
called to order at 7:35 P.M. by Chairman Watters with the
following members present:
Robert Blum
Les Forney
Charles Smith
Larry McClure
Cliff Walters
Also Present: Mr. Frank LuBien, Director Building & Zoning
1. Minutes - March 10, 1994
Mr. Smith moved to approve the M[nutes of the March 10, 1994
meeting with the following amendments: Item 2, paragraph 2 Is
to read as follows; Mr. McClure stated that for him to
approve the request the brick In front of the home would have
to be covered or removed In order to be in harmony with the
rest of the home. Item 2, paragraph 5 is to read as follows;
Mr. McClure moved to approve the request with the under-
standing that the brick will be removed and the finished area
of the enclosed garage will be stuccoed with a smooth uniform
surface to match other stuccoed surfaces.
Mr. Blum seconded the motion and it passed unanimously.
2. Presentation: Sunshine Law
Mr. Scott Davis, Village Clerk, highlighted the following
requirements of the Sunshine Law:
1. Sunshine related laws are found In the State Statutes of
Chapter 286.04 and Chapter 119.
2. If two or more members of an advisory board meet to discuss
Board related Issues the meeting must be in the sunshine. They
cannot talk on the telephone or discuss Board related Issues at
public or private functions.
3. Workshop meetings of the Council must be noticed and held In
the sunshine.
4. Public notice constitutes posting of a notice preferably an
agenda 24 hours In advance of the called meeting.
5. Inspection trips by Board members or Council members are
allowed; however, no Village business may be discussed.
Discussion of the inspection will continue when the meeting Is
reconvened.
Planning & Zoning meeting - 2 - March 24, 1994
6. Meeting may not be held In any facility that restricts access
to any group of people. Meetings must be held In facilities
that will hold the reasonably expected number of attendees.
7.The public may record the meeting If the process Is not
disruptive to the meeting.
8. All Board members present must vote on every Item on the
Agenda. The only time a member can abstain from voting Is if
• they declare that they have a conflict of Interest and fill out
Form 8 and the form Is attached to the minutes and becomes a
part of the minutes.
9. The use of secret ballots Is prohibited.
10. All meetings must be recorded In the form of minutes.
Verbatim minutes are not required. A brief summary is all that
Is required.
11. Letters, bids, minutes, personnel flies, computer files and
general informational files In the Village offices are consider-
ed public access records and the general public may access these
and all papers In Village Hall.
Mr. Davis summerized the Sunshine Law and stated that Florida
has the most comprehensive set of sunshine laws than any other
State and they are more comprehensive than the sunshine laws
followed by the Federal Government.
Mr. Davis stated that at any time anyone on the Board has any
questions regarding the Sunshine Law that he (Mr. Davis) was
available In City Hall at any time to answer their questions.
3. Request for approval of plans for flat roof addition
and variance to required separation between main and
accessory buildings.
Archllle Gerve
122 NW 100 Street
Mr. Gerve stated that the existing garage was too far from the
main residence to be utilized and that the addition would con-
nect the main house with the garage and therefore be easily
accessab1e.
Mr. McClure asked Mr. LuBlen for the original plans of the
residence from the file at Village Hall.
A recess was called at 8:00 P.M. In order for Mr. LuBien to
obtain the plans. The meeting reconvened at 8:03 P.M.
Mr. LuBien stated that in the plans, there Is a permit that was
Issued In May 1954 permitting the construction of the detached
garage.
Planning & Zoning meeting
- 3 - March 24, 1994
Mr. McClure suggested to Mr. Gerve to construct on the opposite
side of the property.
Mr. Gerve responded that If he were to do that he would have to
relocate his septic tank and that would be an additional expense
that he could not afford.
Chairman Walters stated that the code does not permit a variance
for the reasons Mr. Gerve stated and that the alternative would
be to relocate the septic tank and construct over the old tank.
Mr. McClure suggested to Mr. Gerve to work within the Code to
accomplish the changes he wants.
Mr. Smith moved to deny the request. Mr. Forney seconded the
motion and it passed unanimously.
4. Request for approval of signs
Park Shore Drug & Surgical Inc.
9531 NE 2 Avenue
Mr. Jamie Brown, owner of Jamie Brown Sign Co. and Mr. Bob Gills
of Park Shore Drug & Surgical Inc. addressed the Board.
Mr. Brown presented pictures of how the sign will appear. The
Board stated that It was similar to that of the Shores 5 & 10
Cent Store.
Mr. Smith stated that In his opinion, the rear sign was very
large. Mr. Brown responded that the rear parking lot was very
big and the sign could be seen from a distance.
Mr. Forney stated that In his opinion the verbage "medicaid, and
worker's compensation" was not appropriate and should be
omitted.
Mr. Smith moved that application be approved with the deletion
of the verbage relative to medicaid, worker's compensation and
other Insurances. Deletion to apply to both front and rear
entrances. Mr. Blum seconded the motion and It passed
unanimously.
5. Request for approval of plans for flat roof addition
Yvon St Juste
168 NE 91 Street
Mr. LuBien stated that the plans for the addition comply with
all requirements of the Code, but the existing structure Is
non -conforming and therefore a variance Is necessary.
Planning & Zoning meeting
- 4 - March 24, 1994
Mr. St Juste's contractor spoke for Mr. St Juste and stated that
Mr. St Juste needs the additional room for his large family. He
has two boys and two girls and only two bedrooms.
Chairman Walters stated that the application was not presented
In the form of a variance and the Board Is not prepared to rule
on a variance at this time.
Mr. St Juste withdrew his application.
5 A. Request for approval of roof top Installation of
a/c unit.
Mr. Steve R. Groh
269 NE 100 St
Mr. Groh presented the plans for the installation on the roof.
He pointed out that if the unit was Installed on the ground, It
would not be In harmony with the surrounding neighborhood and
his neighbor/neighbors would be effected by the noise of the
unit.
Mr. Blum stated that it would be appropriate to Install the unit
on the roof.
Mr. Smith agreed.
Mr. Blum moved to approve the request as submitted. Mr. McClure
seconded the motion and It passed unanimously.
6. Discussion - Draft proposal to revise Sec. 518 (b),
Appendix A Zoning. Fences on Corner Lot
Mr. Smith began the discussion stating that he adjusted the
draft and resubmitted it to the Board with their suggestions
from the prior meeting.
Mr. McClure suggested that the draft and other Code changes
should be presented to the public all at the same time.
Mr. Forney agreed.
Mr. McClure moved to send the draft of the revisions of Sec. 518
(b) to the Village Attorney, Mr. Fann, to put In proper form.
Mr. Blum seconded the motion and It passed unanimously.
Mr. Walters stated that he wants to place "Old Business" and
"New Business" on alt future agendas'.
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Planning & Zoning meeting - 5 - March 24, 1994
Mr. Forney stated that In consideration of the Sunshine Law and
Its provisions, he would like the opinion of the Village
Attorney.
Mr. LuBien will confer with the Village Attorney and report back
to the Board.
A motion for adjournment was made at 9:05„P.
Veronica A. Galli, Secretary
CI �” Walters, Cha rman