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05-09-1996 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING MAY 9, 1996 The regular meeting of the Planning & Zoning Board was held on Thursday, May 9, 1996 in the • Chamber of the Village Hall commencing at 7:32 P.M. The meeting was called to order with the following members present: Present: Cliff Walters, Chairman Robert Blum Thomas J. Caldwell Frank Hegedus Les Forney Also Present: Mark Ulmer, Village Attorney Frank LuBien Michael Sprovero Lisa Kroboth ITEM #1 MINUTES - APRIL 11, 1996 Mr. Caldwell asked the Village Attorney to clarify the portion of the minutes pertaining to the Jennings Rule. Mr. Ulmer stated the sentence could read "Mr. Ulmer stated that due to Jennings Rule, Board members should not visit the site; however, Section 523 of the Code almost requires a site inspection. Therefore, in this type of case, site inspection is appropriate." Mr. Blum asked to add a comment regarding the architecture of the home in relation to the color. Mr. Walters moved Item 1 to the last item on the agenda to expedite those applicants present at the meeting. ITEM #2 REQUEST FOR APPROVAL OF REMODELING AND EXTERIOR RENOVATIONS Angelo P. Thrower, M.D. 180 N.E. 99 St Mr. LuBien explained that there are currently three entries to the building. Dr. Thrower is requesting approval to enclose two of these. The first elevation will match the existing opaque paneling of the other unit. One of the doors at the existing entryway will be closed. This item is before the Board due to changes in the exterior of the building. Mr. LuBien stated that the first and second unit and the enclosed door will have durock boards. One of the units will be glass. The downtown revitalization guidelines were discussed. Mr. Caldwell noted that the proposed plans are not comparable to the Everett building plans. Mr. Blum questioned whether or not the plans were consistent with the revitalization guidelines. Planning & Zoning May 9, 1996 Page 2 Mr. Forney moved to approve the remodeling and exterior renovations. Mr. Blum seconded the motion. The vote was unanimous in favor. Dr. Thrower asked that the request be forwarded as soon as possible to the Council for approval to avoid further delay in construction. ITEM #3 REQUEST FOR APPROVAL OF 5' WOOD FENCE LOCATED 3' BACK FROM PROPERTY LINE Gisela Hernandez 215 Grand Concourse Mr. LuBien stated that this is a residential triangular property for which the Code is not specific. The applicant is requesting approval of a five foot wood fence. He stated that each property line faces a street side. The Code allows for a 3 1/2 foot masonry or ornamental fence in this case. Discussion regarding the definition of the property's front and backyard ensued. Should the Board consider the proposed fencing, a variance would be required. Mr. Walters stated that the issue of privacy should also be a consideration. The applicant, Gisela Hernandez stated that there is a 3 1/2 foot masonry wall with a five foot hedge just inside the wall surrounding the property. Ms. Hernandez is asking to be able to better secure the property from passers-by. Mr. Caldwell asked if the applicant would consider a 3 1/2 foot wood picket fence to surround the property. Ms. Hernandez stated that there is a need for privacy, so that is not a consideration. The requested wood fence would not be seen from the street as it will be behind the existing hedge. Mr. Ulmer stated that the Board must consider Section 513 of the Code regarding the front yard of the property. He also noted Sections 248, 249, 250 and 251 discuss yards. Mr. Forney stated that approval of the fence would possibly create a "Fort Apache". However, there have been social changes since the building of the home. Mr. Blum asked what need (privacy, security) would be satisfied by erecting the fence. Mr. Walters stated that the Board must find a way to satisfy the need for privacy and security while protecting the harmony of the community. Mr. Ulmer stated the Board must decide whether to uphold the Building Official's determination that the property has three front yards. If this decision is upheld, then a variance must be considered. Mr. Caldwell stated that it is difficult to make a fact determination without evidence showing the property's need for privacy and security. Mr. Forney stated that the Board should look at the property to obtain a better basis in making their decision. Mr. Ulmer stated that this would be appropriate as long as their is no discussion between the Board members. Mr. Hegedus moved that the item be tabled until the next meeting to allow each Board member to obtain their own perspective of the property. Board members may not discuss the case with the property owner or anyone else. Mr. Caldwell seconded the motion and the vote was unanimous in favor. • Planning & Zoning May 9, 1996 Page 3 ITEM #4 REQUEST FOR APPROVAL OF EXTERIOR COLOR Ivor Hegedus 55 N.E. 94 St For the record, Mr. Walters stated that the applicant, Ivor Hegedus and Board member, Frank Hegedus are not related. Mr. LuBien stated that the applicant submitted an alternate color for approval. The building official has deemed the color inappropriate. Mr. Caldwell once again noted that he has defective color vision. Mr. Blum stated that the color was appropriate for the architecture of the home. Mr. Walters stated that by approving a color slightly brighter than other homes in the neighborhood, you create a basis for more intense colors to be approved. Without a strict identification of colors that are deemed appropriate, these colors would create a creeping harmony. Mr. LuBien stated that the City of Coral Gables has an approved color wheel which determines house colors. Mr. Ulmer stated that it would be appropriate for the Building Official to create a color wheel based on his interpretation of harmony. Mr. Hegedus stated that the color was appropriate for the home. Mr. Forney agreed. Mr. Blum moved to approve the exterior color submitted by the applicant. Mr. Hegedus seconded the motion. The vote was unanimous in favor. Mr. Ivor Hegedus thanked the Board for their approval. He stated that there is a strong need for a color palette. 1'1hM #5 BOARD COMMENTS Mr. Walters stated the Board should facilitate the process of hiring professional planners to review the Code of Ordinances. He stated that the Board should pass a resolution to allow the Village Manager to negotiate the hiring of a planner. Discussion regarding house color ensued. Mr. Blum noted that there is a device, a densitometer, that can read a color and breakdown the intensity. Mr. Forney stated that he agreed with the Village Council as they noted at our recent comined meeting that there is a great importance for vagueness in the Code. Mr. Caldwell asked for verification that the Board may inspect the property at 215 Grand Concourse, but there is to be no discussion with anyone in regards to this issue. Mr. Ulmer confirmed this. Mr. Forney asked the Village Attorney if there is a Federal law that will be effective in June that will override local zoning regulations on satellite dishes. Mr. Ulmer stated that there was a Federal law for antennas, i.e. cellular telephone towers. • Planning & Zoning May 9, 1996 Page 4 In regards to the Planners, Mr. Ulmer stated that the Board should pass a resolution directed to the Council stating that the Planning & Zoning Board would like to hire a Village Planner. The Village Manager may select the Planner and the Council must appropriate the funding. Mr. Walters passed the gavel to Mr. Blum. Mr. Walters moved that the Village Manager and Village Council retain the services of the Planning and Economic Group to assist in revisions to the zoning code and any other activities that the Village Manager and the Village Council deem necessary. Mr. Forney seconded the motion. The vote was unanimous in favor. ITEM #1 MINUTES - APRII, 11, 1996 Mr. Blum asked on page 2, paragraph 3, line 4 the following be inserted, "Mr. Blum stated that his interpretation of harmony as it pertains to the color of houses is less reliant on the color relation to surrounding houses. The color, to be harmonious, must be consistent with the type of architecture." Mr. Forney moved that the minutes be approved as amended. Mr. Hegedus seconded the motion and the vote was unanimous in favor. ITEM #6 ADJOURNMENT The May 9, 1996 meeting of the Planning & Zoning Board was adjourned at 8:55 P.M. ElizabVh A. Kroboth, Recording Secretary