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10-13-1994 Public Hearing and Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING AND PUBLIC HEARING OCTOBER -13, 1994 The regular meeting of the Miami Shores Planning & Zoning Board was held on Thursday October 13, 1994. The meeting was called to order at 7:35 P.M. by Chairman Walters with the following members present: Chairman Cliff Walters Charles Smith Robert Blum Lou Imburgia Mark Ulmer Also Present: Mr. Frank LuBien, Director Building & Zoning Mr. William Nelson, Community Affairs Spec. Mr. William Fann, Village Attorney Chairman Walters welcomed Mr. Imburgia and Mr. Ulmer as new members to the Planning & Zoning Board. 1. Minutes - September 8, 1994 Mr. Blum moved to approve the Minutes of the September 8, 1994 meeting as submitted. Mr. Smith seconded the motion and It passed unanimously. Mr. Blum moved to place the election of Chairman and Vice Chairman on the agenda. Mr. Smith seconded the motion and it passed unanimously. 1. A. Election of Chairman and Vice Chairman Mr. Imburgia moved to nominate Mr. Cliff Walters as Chairman of the Planning and Zoning Board. Mr. Smith seconded the motion and it passed unanimously. Mr. Blum moved to nominate Mr. Charles Smith as Vice Chairman of the Planning & Zoning Board. Mr. Imburgia seconded the motion and it passed unanimously. 2. Request for approval of awning In front of house Jack & Inez Menton 10080 North Miami Avenue Ms. Menton stated the awning to be replaced was on the house when she bought the home. The reason for replacing It Is due to Hurricane Andrew. Mr. LuBien stated the new awning is the same size as the old awning. The Board asked for a recess at 7:45 P. M. In order for Mr. LuBien to get the necessary file pertaining to this residence. The Board was searching for a previous permit allowing the original awning. Planning & Zoning and Public Hearing meeting - 2 - Oct. 13, 1994 The meeting reconvened at 7:51 P.M. Mr. LuBlen reported that there Is nothing In the file indicating a permit was issued to Install the original awning or to enclose the front porch. Mr. Smith asked Mr. LuBlen whether the applicant would be allowed to Install this awning If the building were new construction. Mr. LuBlen replied In the affirmative and stated the reason he brought the Issue to the Planning & Zoning Board was because the proposed installation of the awning would cover a portion of blank wall space. Mr. Smith stated that the Installation of the awning as proposed would be symmetrical with the front of the house and that the allowable method of Installation would be asymmetrical. After further discussion, Mr. Ulmer moved to approve the application as submitted. Mr. Smith seconded the motion and It passed unanimously. 3. Request for approval of division of land without plat Dr. Jay Stein 9699 NE 2 Avenue Dr. Stein stated that he wanted to divide the land In order to develop it for a residential site. There was much discussion as to the designated parking by the Village of Miami Shores and If a home was built, If there would be ample parking available. Mr. Fann recommended a deferral of this Item until he Is able to give it further study. Mr. Smith moved to defer the request until Mr. Fann was able to give the Board further Information regarding this situation. Mr. Blum seconded the motion and It passed unanimously. 4. Request for approval of motor vehicle tag agency A+ Insurance Bernie Propper 9037 Biscayne Blvd. Mr. LuBlen stated the agency will not Involve vehicle testing. The Board stated their concern on the potential Increase In traffic In the area. Mr. Bob Silverman, owner of A+ Insurance, stated that the agency should not have a negative Impact on the community and that It would benefit all who lived In the area. After further discussion, Mr. Smith moved to deny the Planning & Zoning & Public Hearing meeting - 3 - Oct.13,1994 application because the proposed use of the property was not a permitted use under the zoning ordinance in a 6-2 district. Mr. Blum seconded the motion and It passed unanimously. Chairman Walters welcomed Mayor Heffernan, Mr. Art Heffernan and Mr. Couzzo to the meeting. 5. Public Hearing Chairman Walters read the following amendment into the record: Ordinance amending Section 518 (b) of the Miami Shores Village Ordinance Number 270, as amended; Limiting authorized fencing materials for centain corner lots; providing effective date. Mr. Art Heffernan 9204 NE 2 Avenue Mr. Heffernan asked for clarification of the amended Ordinance pertaining to his property. Mr. Smith stated the amended Ordinance effects any fences covered under the Ordinance constructed after the effective date. Mr. Blum moved to approve the amended Ordinance as submitted and forward it to the Village Council. Mr. Imburgla seconded the motion and it passed unanimously. An Ordinance amending Section 516 (c) (2) a 1; Limiting location of dish antennas to rear yard. Mr. Smith moved to approve the amended Ordinance as submitted and forward it to the Village Council. Mr. Imburgla second- ed the motion and it passed unanimously. An Ordinance of Miami Shores Village, Florida, amending Paragraph (4) of Section 225 of Ordinance Number 270, as amended; adding subparagraph (4) (J) authorizing the use of rigid cementlous fibre roofing shingles Instead of tile or slate In certain circumstances; prohibiting the use of flexible laminated .fiberglass and asphalt shingles; providing effective date. Mr. Smith moved to approve the amended Ordinance as submitted and forward it to the Village Council. Mr. Blum seconded the motion for discussion. Mr. William Heffernan 351 NE 105 Street Mr. Heffernan stated his concerns regarding the engineering aspects of having a wood home with a asphalt shingle roof and If the new materials would be damaging to the structure with Planning & Zoning & Public Hearing meeting - 4 - Oct.13,1994 regard to the weight of the new materials. Mr. Smith stated that the weight of the proposed new class of materials ranges from lighter than asphalt/fibreglass to nearly as heavy as masonry tile. He further stated procedural guide- lines would be drafted requiring, among other things, that an engineer state a maximum load capacity for the roof structure. Selection of the replacement roofing material would then take into account this maximum Toad. This procedure will Insure that the variance granted by the Board will be the slightest variance from what Is required by the Code. After much discussion, the vote was as follows: Mr. Smith and Chairman Walters YES; Mr. Ulmer, Mr. Imburgia and Mr. Blum NO. The motion failed. Mr. Blum moved to approve the amended Ordinance with the following verbage added after "providing effective date"; Unless required to maintain the structural Integrity of the building. Mr. Imburgia seconded the motion for discussion. Mr. LuBien further clarified the Ordinance for Mr. Ulmer and after much discussion, the vote was as follows: Mr. Blum, and Mr. Imburgia YES: Chairman Walters, Mr. Ulmer and Mr. Smith NO. The motion failed. Mr. Ulmer moved that the Board reconsider the amended Ordinance as it was originally submitted and forward It to the Village Council. Mr. Smith seconded the motion and it passed unanimously. 6. Discussion: Landscape Ordinance Chairman Walters welcomed Mr. William Nelson to the meeting and introduced Mr. Nelson to the Board. Mr. Nelson stated the statistics of the violations pertaining to the Landscape Ordinance and that, In most cases, when the resident Is cited, the resident compiles with the citation. He also stated he Is addressing the various Issues of Code Enforcement on a steady basis and Is getting a good response from the residents with compliance. Veronica A. Galli, Secretary CI ff Walters, Chairman