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05-25-1995 Regular Meeting• Miami Shores Village Planning & Zoning Board Regular Meeting May 25, 1995 The regular meeting of the Miami Shores Planning & Zoning Board was held on Thursday, May 24, 1995 at the Village Hall, commencing at 6:35 P.M. with the following members present: Present: Also Present: Cliff Walters Charles Smith Robert Blum Frank Hegedus Frank LuBien Barbara Fugazzi William Fann Absent: Mark Ulmer ITEM #1 MINUTES Mr. Blum indicated that on Page Three under Eric Martin's comments, the last sentence should read, ... that the present owners doi�ot wish to live at the house. Mr. Blum moved to approve the Minutes as corrected. Mr. Walters seconded the motion and the vote was unanimous in favor. ITEM #2 REQUEST FOR APPROVAL OF VARIANCE TO PERMIT TOW -AWAY SIGN. Ronald D. Segala 421 Grand Concourse Mr. LuBien explained the agenda item, indicating the matter was before the Board because signs of this nature are not a permitted use. Mrs. Rachel Segala was present representing the property owner. Discussion regarding past Board approval of tow -away signs for another condominium site and business alleyway ensued. Mr. Smith inquired of Mrs. Segala if the offenders were tenants of the apartments. Mrs. Segala indicated that some of the problem was caused by tenants. Mr. Walters asked for an explanation of the parking situation. Mrs. Segala indicated that cars are parking on the sidewalks and also blocking the garages which have subsequently been rented out. Mr. Blum inquired if the tow -away sign would prevent people from parking on the sidewalk. Mrs. Segala stated that the tow -away sign was being requested to enable her to take action against the offenders. The Miami Shores Police Department cannot ticket the vehicles as they park on private property. Mr. Fann stated that the applicant has not met the Hardship Variance requirements. He further stated that the Board should make recommendations to the Council regarding a procedural mechanism for the placement of these types of signs. Mr. Smith inquired as to the difference between this request and prior requests which were approved May 25, 1995 Planning & Zoning Board Page Two by the Board. Mr. Walters clarified, stating prior requests were due to external problems, whereby this request is to rectify an internal (tenant) problem. Mr. Fann stated this applicant did not meet Hardship criteria. Mr. Hegedus moved to table this item to a later date and a comprehensive plan/mechanism be considered in order to deal with these situations. Mr. Smith seconded the motion. The issue of signs will be discussed at the next Planning & Zoning Meeting. The vote was taken and was unanimous in favor. ITEM #3 THIS 11'EM WAS MOVED TO THE END OF THE AGENDA. ITEM #4 REQUEST FOR APPROVAL OF PAINT COLOR FOR ROOF. David Siddiqi Miami Shores Diner 9450 N.E. 2nd Avenue Mr. LuBien explained the agenda item, stating that the Village Code Enforcement Officer had cited Mr. Siddiqi due to the condition of the roof. Mr. LuBien has denied issuing the permit to paint the roof. Mr. Siddiqi was present, representing himself as the lessee. Mr. Siddiqi explained that he had been under Court order to change the roof color, as the original orange roof was a trademark of Howard Johnson's. Mr. Smith indicated and Mr. Siddiqi acknowledged that when the roof in question was painted two years ago Mr. Siddiqi had neither applied for nor had he been granted a permit. Painting roofs a different color from the underlying tile is prohibited in Miami Shores. Mr. Walters stated that the color -through pigmentation requirement in our Ordinance was enacted to prevent situations such as this, where peeling paint exposes a different color material underneath. Mr. Siddiqi explained the Court order. Mr. Smith stated that the Court order is a legal issue between the buyer and seller of the property, not the Village. Mr. Smith moved to deny the applicant's request to paint the roof. Mr. Blum seconded the motion and the vote was unanimous in favor. ITEM #5 REQUEST FOR APPROVAL OF SITE PLAN REVIEW. Larry Wildstein Tropical Chevrolet 8880 Biscayne Boulevard Mr. LuBien introduced Mr. Fred J. Popper, architect for the project. Mr. Popper explained that the renovation will represent a complete rebuilding of the sales showroom only (no changes to body shop or service area). He further stated that the building will be up to code, with sufficient parking, landscaping and will be set back farther from Biscayne Boulevard. Mr. Smith inquired as to plans for the red/white striped building on the comer. Mr. Popper indicated that the building in question is not owned by Tropical. Mr. Smith asked for specifics regarding the landscaping plan. Mr. Popper stated the proposed trees are at a height of 12 - 14 feet, and hedges will provide sufficient screening from the buildings from N.E. 5th Court. Mr. Hegedus moved approval of the site plan as presented. Mr. Smith seconded the motion and the vote was unanimous in favor. May 25, 1995 Planning & Zoning Board Page Three ITEM #5A REQUEST FOR APPROVAL OF GARAGE ENCLOSURE. Tanitporn Veerawat 170 N.W. 97th Street Mr. LuBien explained the agenda item. Mr. Veerawat was present as the homeowner. Mr. Smith stated that he understands there are six adults and one child living in the home. Mr. Veerawat confirmed the information, stating they are family members (father and mother-in-law, brother and sister-in-law). Mr. Smith inquired as to the current size of the home. Mr. Veerawat stated it is a two bedroom home. Mr. Walters expressed his concerns regarding the number of people living in the home and the septic system built based on a two bedroom home. Mr. Smith stated that there are six vehicles at the home. Mr. Veerawat confirmed the number at six. Mr. Blum stated he shared Mr. Smith's and Mr. Walter's opinions, and expressed his concerns regarding garage enclosures in general. Mr. Blum asked to review the property file from Planning & Zoning. After review of the original plans, Mr. Blum questioned that if the enclosed garage is not designated as a bedroom, the required septic size is not altered? Mr. Walters stated that septic size is determined by the number of bedrooms. Mr. Smith stated his belief that the enclosed garage would serve as an additional bedroom and moved to deny the request for garage enclosure as presented. Mr. Blum seconded the motion and the vote was unanimous in favor. ITEM #3 REQUEST FOR APPROVAL OF VARIANCE TO PERMIT RE -ROOFING WITH HAND SPLIT CEDAR SHAKES. Charles Smith 21 N.W. 101st Street Mr. Smith, a member of the Planning & Zoning Board, stepped down from the dias, as he is the applicant. Mr. LuBien explained the agenda item, stating the property has been historically designated by the Council. Mr. Fann stated that he does not believe Mr. Smith can speak on his own behalf. Mr. Fann also inquired as to the lack of an engineer's report in the information back- up. Mr. Walters asked whether the Historic Preservation Board's determination would take precedence over an engineering report. Mr. LuBien explained that the Historic Preservation Board determination would take precedence, as long as structural integrity is not compromised. Mr. Blum read from the Code of Ordinances, Section 702, first paragraph, ... and if the applicant is of the opinion that it is impossible to apply strictly such provisions to his property because of the existence of peculiar and unusual physical conditions affecting such property, other than conditions relating to the fmancial circumstances of the applicant, but including the fact that same has been designated as a historic landmark by the Miami Shores Village Council, he may appeal to the planning board, .. . Based on this stipulation of the Code of Ordinances, Mr. Blum moved to approve the request for a variance to re -roof with hand -split cedar shakes. Mr. Hegedus seconded the motion and the vote was unanimous in favor (with Mr. Smith abstaining). May 25, 1995 Planning & Zoning Board Page Four Mr. Smith asked for clarification regarding the need for an engineering report as it relates to the roof. Specifically he inquired if this requirement is a policy of the Planning & Zoning Board or if it is set forth as a Village Ordinance or Resolution. It was determined that there is no Ordinance or Resolution addressing this issue. It was the consensus of the Board to have Item Numbers 5 (Tropical Chevrolet) and 3 (Variance Request to Re -Roof with Hand Split Cedar Shakes) placed on the June 6, 1995 Council Agenda. Discussion regarding topics for placement on the next agenda ensued. ITEM #6 ADJOURNMENT The meeting was adjourned at 7:40 P.M. G &9 Barbara Fugaz7i, Village Clerk • Cli ' ters, Chairman FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS -1`,5T NAME—FIRST NIIDDDLE NAME �� A 5 szle 1.57( 'filitk • ,Y,,ILING ADDRESS 9/g iVE NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, COMMITTEE ,ruses (}�� a ki eo Q.) - - COUNTY ON -4 ;4 rE ON WHICH VOTE • 410 THE BOARD, COUNCIL, COMMISSION,AUTHOR1TY OR COMMITTEE ON FnCH I SERVE IS A UNIT OF: CITYOF PO 0Sysp COUNTY S: MY POSITION IS: V: 1 0 ELECTIVE X APPOINTIVE 0 OTHER LOCAL AGENCY WHO MUST FILE FORM 8B `l 'Qis form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, ,;A)uncil, 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 voting on a measure in which you have a conflict of interest will vary greatly spending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on q,kais form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPUANCE WITH SECTION 112.3143, FLORIDA STATUTES . person holding elective or appointive county, municipal, or other local public office e MUST ABSTAIN from voting on a measure which inures to his or her special private gain. Each elected or appointed 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 or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative; ok' to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.358 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother - son -in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpo- ration are not listed on any national or regional stock exchange). 4, * * * * * * * * * * * * * * * ELECTED OFFICERS: Ya addition to abstaining from voting in the situations described above, you must 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 this form with the person responsible for recording •minutesofthe meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain front voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must 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 appy of the form must be provided immediately to the other members of the agency. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECLSION EXCEPT BY DISCUSSION AT THE. MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. 1, C LAmteS DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on `7 " v --r) ' g ,19 (a) A measure came or will come before my agency which (check one) 1_ inured to my special private gain; inured to the special gain of my business associate, 2 inured to the special gain of my relative, inured to the special gain of by whom I am retained; or inured to the special gain of , which is the parent organization or subsidiary of a principal which bas retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: AF.4 Aloce cj u e 5( © D „,e,..4 -(c' 4'� �j- u e v r,e_ /J 0 — e o \.) /L% t*rer 4- ( !JUT itoc [e UA)cler premie _eat /045 ops efiki Ak5pA") fN��� G� (ti , � y cr4 LAA- e d-- • 0A�/ t I�y6 Date Filed / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), 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 OFFIdE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - REV. 1/94 . PAGE 2