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