01-12-1995 Regular MeetingMiami Shores Village
Planning & Zoning Board
Regular Meeting
January 12, 1995
The regular meeting of the Miami Shores Planning & Zoning Board was held on Thursday,
January 12, 1995 at the Village Hall commencing at 7:35 P.M. with the following members
•
present:
Present:
Cliff Walters
Charles Smith
Robert Blum
Louis Imburgia
Absent: Mark Ulmer
Also Present:
Frank LuBien
William Fann
ITEM #1 MINUTES
Mr. Smith moved approval of the December 8, 1994 Planning & Zoning Board minutes as
submitted. Mr. Imburgia seconded the motion and the vote was unanimous in favor.
ITEM #2 REQUEST FOR APPROVAL OF ATHLETIC FIELD RENOVATIONS
BARRY UNIVERSITY
11300 N.E. 2nd Avenue
Mr. LuBien explained the agenda packet information and introduced Mr. Tom Laubenthal,
Landscape Architect to detail the plans. It was noted by Mr. LuBien that this item was placed on
the agenda for informational purposes. There is no variance necessary for the intended work.
Mr. Laubenthal indicated the need for Barry University to re -design the existing field areas in
order to meet NCAA soccer field specifications. The program is vital to Barry University.
Without the proposed changes, the University may loose its NCAA eligibility. Mr. Smith
expressed concerns regarding the 200 plus cars which illegally park on the swales of N.E. 111th
Street and N.E. 115th Street at Barry University and suggested that perhaps the track area could
• be better utilized for overflow parking. Mr. Laubenthal indicated that the proposed plan is not a
land use issue. He further indicated that the University is not looking to change enrollment or
building sizes, which would ultimately impact the parking situation. Mr. Smith stated that Barry
University had made a commitment in 1992 to the Village that when the newer buildings were
erected, there would be an overflow lot at N.W. 111th Street and N. Miami Avenue. After
further discussion regarding the parking, all Board members expressed their mutual concerns
surrounding the lack of sufficient parking. Mr. Smith asked for a commitment from Barry
University to look into alternative parking areas for 200 additional spaces on the campus.
Chairman Walters thanked Mr. Laubenthal for bringing the proposed plans before the Board.
Planning & Zoning Meeting 1/12/95 Page Two
ITEM #3 REQUEST FOR APPROVAL OF VARIANCE TO ALLOW USE OF
NON -CONFORMING BUILDING MATERIAL
FRANK HEGEDUS
940 N.E. 95th Street
Mr. Blum indicated that he would abstain from voting on this agenda item due to his intent to bid
on the work to be performed.
Mr. LuBien outlined the request for variance, indicating that Mr. Hegedus had received a
Certificate of Appropriateness from the Historic Preservation Board for the proposed addition,
prior to placing the item on the agenda. Mr. Hegedus was present on his own behalf. He stated
that due to the original construction of the home, the Historic Preservation Board has specified
the allowable materials for use on the addition. Mr. Imburgia moved to grant approval of the
variance to allow frame construction. Mr. Smith seconded the motion and the vote was as
follows:
Mr. Imburgia - Yes
Mr. Smith - Yes
Mr. Walters - Yes
Mr. Blum - Abstained
ITEM #4 REQUEST FOR APPROVAL FOR VARIANCE TO RE -ROOF WITH
ASPHALT/FIBERGLASS SHINGLES
MIAMI SHORES COMMUNITY CHURCH
9823 N.E. 4th Avenue
Mr. LuBien explained the item before the agenda. He indicated that the Church had received a
Certificate of Appropriateness from the Historic Preservation Board which concluded: "Re -roof
with barrel tile (alhambra) to be mortar set or asphalt shingles if Planning & Zoning Board
determines that structure cannot support barrel tile." Mr. LuBien distributed copies of the
applicable Historic Preservation Board meeting minutes for the Board's review. Mr. Smith
pointed out that the Historic Preservation Board minutes read "clay tile if at all possible".
Chairman Walters stated that the Historic Preservation Board has left the ultimate determination
up to the Planning & Zoning Board. John W. Knezevich, engineering consultant, described the
roof and ceiling structure. He further stated that destructive demolition would need to be done to
fully evaluate and calculate the load capacity of the structure. Knezevich and Associates
therefore concluded that it would not be possible to add additional load (tile) to the roof and
certify its safety as presently engineered. John Knezevich stated that there was no supporting
evidence to determine the original roofing materials intended. Mr. Smith stated that William
Merriam's architectural plans were removed from the Village's files by members of the
congregation in 1947. Small portions of Merriam's master plan were allowed to be constructed
Planning & Zoning Meeting 1/12/95 Page Three
without stucco and without tile on the roof. According to the records of past Council Meetings,
this was due to a shortage of building materials during the war years. These portions were to
have been fmished in accordance with the masonry code after the war and this was done. Mr.
Fann stated that there is not sufficient evidence before the Board to enable them to grant the
variance. Lengthy discussion pursued as to the hardship variance requirements, structural
soundness responsibility, engineering studies, and Village Codes. Chairman Walters stated that
Attorney Fann had indicated the lack of sufficient evidence to definitely state whether the roof
would hold tile or not. Therefore, until such time as a thorough analysis is conducted, the Board
cannot make an informed decision regarding the granting of a variance. Mr. Smith moved to
deny the request for variance to re -roof with asphalt shingles. Mr. Imburgia seconded the motion
and the vote was unanimous in favor.
ITEM #4A DISCUSSION/POSSIBLE ACTION
COUNCIL COMMENTS
CORNER LOTS FENCING MATERIALS ORDINANCE
Misters Fann, LuBien and Smith explained the reason for this item coming back before the
Planning & Zoning Board at this time. Councilperson Fernandez had expressed concerns with
more regulation, resulting in additional items which would need Planning & Zoning approval
prior to construction/erection. It was the consensus of the Planning & Zoning Board that they
wanted to ensure architectural and quality control of fencing materials used in front yards and
visible from the street by requiring design review. Mr. Fann indicated that he would relay this
information to the Council.
ITEM #5 ADJOURNMENT
The meeting was adjourned at 9:15 P.M.
Barbara Fugazzi
AA" Secretary
Cliff Walters, Chaim
FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY POSITION IS:
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WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council. commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the -law when faced with a measure in which youhave a conflict of interest widf•wary,greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing chis form with the person responsible for recording
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APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
•ial gain of a principal (ocher than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict befote making any attempt to influence the decision by oral or written communication, whether
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IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
EI-ORMeB•1•vl
P>t E
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the, form and •file it within 15 days,,a4fter the vote occurs with the person responsible for recording the min,utcsr<--,
of rhe meeting, who should incorporate the form in the minutes.
I. /to 6gi- C.'
DISCLOSURE °OF.LOCAL OFFICER'S INTEREST
hereby disclose that on {�IA4.00 y
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(a) A measure came or will come before my agency which (check one)
l inured to my special private gain: or
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inured to the special gain of , by whom I am retained.
(b) The measure before -My agency and the nature of my interest in the measure is as follows:
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Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: �'
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55,000.
CE FORM K8. POI