02-23-1995 Regular MeetingMiami Shores Village
Planning & Zoning Board
Regular Meeting
February 23, 1995
• The regular meeting of the Miami Shores Planning & Zoning Board was held on Thursday,
February 23, 1995 at the Village Hall commencing at 6:30 P.M. with the following members
present:
Present:
Also Present:
Absent:
Charles Smith
Louis Imburgia
Mark Ulmer
Robert Blum
Frank LuBien
William Fann
Barbara Fugazzi
Cliff Walters
ITEM #1 MINUTES
Mr. Imburgia moved approval of the February 9, 1995 Planning & Zoning Board Minutes. Mr.
Blum seconded the motion. Mr. Smith asked that the minutes be amended as follows: Page 1,
Item 2, ... He stated that neither the Village nor the University can force the students to use the
designated lot. Mr. Smith disagreed ... The vote was unanimous in favor.
ITEM #2 REQUEST FOR APPROVAL OF GLASS ENCLOSURE OVER EXISTING
AND EXPANDED WOOD DECK.
MARGARITA DOSAL
1551 N.E. 103rd Street
Mr. LuBien explained the Agenda item and introduced Mr. Charles J. Wilkin, Professional
Engineer and Lillian Medina, both of whom were representing the homeowner. Mr. Wilkin and
Ms. Medina explained the plans for the enclosure area. Mr. Wilkin stated that there is a
possibility that tempered glass or Lexan will be used. Mr. LuBien explained that the enclosure
will be separate from the existing deck. Mr. Blum inquired whether the enclosure is to be
custom designed and engineered. Mr. Wilkin responded in the affirmative. Mr. Blum further
asked about obtaining Dade County Product Approval for the materials. Mr. Wilkin indicated
that he had not checked with Dade County. Mr. Ulmer asked that if the enclosure were screen
rather than glass, would the request need to come before the Board. Mr. LuBien responded that
if the enclosure were screen, the homeowner could obtain a permit without Board approval. Mr.
Ulmer asked for clarification - is the request a request for a variance. Mr. Fann stated that it is
not a request for a variance, the proposed structure is illegal due to the glass roof, which is not
February 23, 1995
Planning & Zoning Meeting Page Two
permitted. He further stated that the Board should not consider the request. Mr. Smith indicated
that there are many other issues that may render the enclosure an illegal structure, i.e. percentage
of non -conforming roof. Mr. Fann stated that Mr. LuBien, as the Building Official, could
address the issues other than the roof. Mr. Imburgia indicated that there would be numerous
problems with the design with respect to the Dade County Product Approval process. Mr. Blum
made a motion to deny the request to enclose the structure. Mr. Imburgia seconded the motion.
The vote was as follows:
Mr. Blum Yes
Mr. Imburgia Yes
Mr. Smith Yes
Mr. Ulmer Yes
The Board suggested to Mr. Wilkin and Ms. Medina that they redesign the structure to conform
with Village Codes.
ITEM #2A REQUEST FOR APPROVAL OF SIGNS ON BUILDING
JOHN MILITANA
8945-95 Biscayne Boulevard
Mr. LuBien explained the details of the request and stated Mr. Fann's interpretation of the
Ordinance. Mr. Militana was present as the building owner. Mr. Militana stated the particulars
of the building, as the building is located on a curve of Biscayne Boulevard and faces southwest.
He stated that the tenants are losing business because people cannot see the storefronts. Mr.
Blum indicated that the way the Ordinance is written, the end unit tenant is permitted to use the
end wall for signage. Mr. Militana stated that the end unit is the smallest unit. Mr. Blum stated
that he had concerns with allowing signage for a business which was "grandfathered" in, but is a
non -conforming business. Mr. Militana stated that he is looking for a directory sign for the
businesses. Mr. Smith suggested that the Board look exclusively at the signage issue, rather than
the content of the sign. Mr. Blum responded that he does not have a problem with a directory
sign but has a problem with a sign advertising a Pawn Shop which would expand a non -
permitted use. Mr. Smith expressed his concerns regarding the Board setting a precedent in
allowing this type of directory sign at the end of a strip building. He stated that the Board has
rigorously enforced the Ordinance as written. Mr. Imburgia asked for clarification regarding
directory sign and the existing code. Mr. Militana stated his belief that the building is entitled to
a directory sign. Mr. Smith advised Mr. Militana that he did not meet the hardship variance
criteria. Mr. Blum moved to deny the request for the building signs. Mr. Imburgia seconded the
motion and the vote was unanimous in favor.
February 23, 1995 Planning & Zoning Board Page Three
ITEM #3 DISCUSSION/POSSIBLE ACTION TO CONFIRM CHANGE OF TIME TO
6:30 P.M. FOR ALL FUTURE MEETINGS.
• Mr. Imburgia moved to change the time of future meetings to 6:30 P.M. Mr. Blum seconded the
motion and the vote was unanimous in favor.
ITEM #4 ADJOURNMENT
The meeting was adjourned at 7:10 P.M.
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