12-14-1995 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING
DECEMBER 14, 1995
The regular meeting of the Planning & Zoning Board was held on Thursday, December 14, 1995
1111 in the Chamber of the Village Hall commencing at 7:30 P.M. The meeting was called to order
with the following members present:
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Present: Cliff Walters, Chairman
Robert Blum
Frank Hegedus
Les Forney
Absent: Thomas J. Caldwell
Also Present: William Fann, Village Attorney
Frank LuBien
Lisa Kroboth
ITEM #1 MINUTES - NOVEMBER 29, 1995
Mr. Blum asked that on page 1, Item 2, paragraph 3, after "Questions arose regarding items on
the landscape plan.", the following be added:
"Mr. Blum was concerned that what is shown to be existing sod on the plan is not actually
existing and that prior to landscaping being considered complete, the "grassy areas"
should be grassy. Mr. Blum also expressed concern that should one or more of the
existing three trees along 90 Street be removed or die during construction (as was the case
with Walgreens across the street), they should be replaced with similar size and type trees.
Mr. Moroz agreed."
Mr. Walters asked that on page 2, line 3 after "...as soon as they become available.", the
following be added:
"for the purpose of expediting issues relating to applications that require Council
approval."
Mr. Blum moved that the minutes of the November 29, 1995 meeting be approved as amended.
Mr. Hegedus seconded the motion and the vote was unanimous in favor.
Planning & Zoning
December 14, 1995 Page 2
ITEM #2 REQUEST FOR APPROVAL OF MODIFIED BITUMEN ROOF TO REPLACE
GRAVEL ROOF. Hugh C. Allen 1365 NE 105 Street
Mr. LuBien explained that the applicant would like to change from a gravel roof to a modified
bitumen roof. The roof has a two inch pitch and is on a two story building. Mr. LuBien referred
to the section of the Code related to roofs.
Mr. Stuart Lipson, Vice President of the condo association was present on behalf of the applicant.
He stated that aesthetically, the roof cannot be seen from the street. The bitumen is
technologically superior and lasts longer than the gravel roof. Mr. Forney asked if a fiberglass
cap could be used on this roof. Mr. LuBien stated that a fiberglass cap is coated with an
aluminum -color paint which may not be as aesthetically pleasing.
Mr. Blum moved for approval of the application as submitted given that the roof is on a two story
building and is considered to be a flat roof. Mr. Hegedus seconded the motion and the vote was
unanimous in favor.
ITEM #3 REQUEST FOR APPROVAL OF REVISED LANDSCAPE PLAN.
Shorewal, Ltd. 9020 Biscayne Blvd.
Mr. LuBien stated that the applicant has asked that the item be rescheduled to the next regular
Planning & Zoning Board meeting as the applicant has pneumonia. Mr. Walters asked the item be
rescheduled as requested.
ITEM #4 REQUEST FOR APPROVAL OF INSTALLATION OF 5' WOOD FENCE.
Patrick L. Duffy, Agent 1460 NE 102 Street
Mr. LuBien explained that the property faces both 101 Street and 102 Street. Essentially the
property has two front yards. Placing a fence in the rear of the property would put a 5' fence
adjacent to the front yard of the neighboring property.
Mr. Patrick Duffy, the real estate broker for the property was present. He presented photographs
of the property showing both street views. Mr. Duffy stated that there are three reasons for the
request of the wood fence. Those reasons being privacy, security and safety. Mr. Duffy noted
that the house has been on the market for over a year. The owner has lowered the price several
times and feels that he is losing money due to the upkeep of the vacant property. Mr. Walters
noted that a variance cannot be granted for financial hardship.
Mr. LuBien noted that since the property is considered to have two front yards, a 3 1/2' fence or
hedge is allowable. Mr. Forney stated that some homes in Miami Shores do not offer everything a
home owner would like (e.g. a backyard). He noted that the house has existed for forty years
without a significant hardship. Mr. Duffy noted that as times have changed, security is an
important issue. Discussion ensued regarding the options for the property.
Planning & Zoning
December 14, 1995 Page 3
Mr. Blum moved that the request for approval of installation of a 5' wood fence be denied. Mr.
Forney seconded the motion. The vote was unanimous in favor.
At Mr. Forney's request, a five minute recess was taken at this time.
ITEM #5 REQUEST FOR APPROVAL OF EXTERIOR PAINT COLOR.
Dolores Godwin 150 NW 101 St
Mr. LuBien stated that the application was received and subsequently denied as the color was
deemed inappropriate. The applicant is appealing the decision of the building official.
Ms. Dolores Godwin was present on her own behalf She stated that she did not see anything
wrong with the color. Mr. Walters asked why the permit was denied. Mr. LuBien stated the
color was too bright and too intense. He referred to Section 523 of the Code which reads "all
buildings shall be generally harmonious in character and appearance, including exterior color...".
Mr. LuBien also noted that the property owner had begun painting the home without a permit. A
Code Enforcement officer observed the painting and advised Ms. Godwin to obtain a permit
before continuing to paint. Mr. Blum stated that he had driven by the property and noted that
other houses on the block are of softer hues. The blue of this house is quite noticeable on first
glance.
Mr. Forney moved to affirm the Building Official's decision, denying the request for approval of
the blue exterior paint color. Mr. Hegedus seconded the motion and the vote was unanimous in
favor.
ITEM #6 REQUEST FOR APPROVAL OF EXTERIOR PAINT COLOR
Marese Fils-Aime 453 NE 99 Street
Mr. LuBien stated that the applicant was also denied a permit as the color was deemed
inappropriate. Mr. LuBien noted that the color was too bright and too intense.
Bernard and Marese Fils-Aime were present to make an appeal. Mr. Fils-Aime stated that there
were several other homes in the Shores painted a similar color, including a home on their block.
The Fils-Aime's presented several paint samples to the Board.
Mr. Hegedus moved that the Building Official's decision be upheld for the color of Peach Crush
and suggested that the color of Peach Candy be substituted. Mr. Forney seconded the motion.
The vote was as follows: Those in favor: Mr. Blum, Mr. Hegedus, Mr. Forney. Those opposed:
Mr. Walters. Mr. and Mrs. Fils-Aime agreed to use the suggested color.
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Planning & Zoning December 14, 1995 Page 4
Mr. Fann left at this time.
t'IBM #7 BOARD COMMENTS
Ms. Godwin asked to be recognized at this time. She asked how the Board members were
appointed and what the length of their term was. Mr. Walters replied that the Village Council
appointed the Board members for a two year term. Ms. Godwin stated that a change should be
made. Mr. Walters stated that the Council can make any changes that they deem necessary.
Mr. Walters gave the Board an update on the Code Review Committee. He stated that it was the
consensus of the Committee and the Village Manager to retain the services of a professional
planning firm, whose representatives were present.
Mr. Blum noted that a pro -active approach must be taken for the future development of Miami
Shores Village. He asked that as a brainstorming session regarding the future of the Village (to
include Second Avenue, property values, attraction of new businesses) be added as a future
agenda item.
Mr. Walters commended the Public Works department and the Village Manager for the excellent
job at the six corners on Grand Concourse and 96 Street.
ITEM #8 ADJOURNMENT
The December 14, 1995 meeting of the Planning & Zoning Board was adjourned at 9:15 P.M.
eth A. Kroboth, Recording Secretary
Cliff Walters, Chairman