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06-13-1996 Regular Meeting• • MIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING JUNE 13, 1996 The regular meeting of the Planning & Zoning Board was held on Thursday, June 13, 1996 in the Village Clerk's office (due to construction in the Chamber) commencing at 6:20 P.M. The meeting was called to order with the following members present: Present: Cliff Walters, Chairman Robert Blum Thomas J. Caldwell Frank Hegedus Absent: Les Forney Also Present: Mark Ulmer, Village Attorney Frank LuBien Michael Sprovero Lisa Kroboth ITEM #1 MINUTES - MAY 23, 1996 Mr. Blum asked that the following be added after the word applicants on Page 6, paragraph 3: "solve their specific problems". Mr. Hegedus moved for approval of the minutes as amended. Mr. Blum seconded the motion and the vote was unanimous in favor. Mr. LuBien entered at this time. ITEM #2 REQUEST FOR APPROVAL OF VARIANCE TO PERMIT FLAT ROOF Norman and Sara Seidler 1150 N.E. 102 Street Mr. LuBien stated that the original site was trapezoidal in shape. Due to this unusual shape, additional land was purchased adjacent to the property in order to meet the setback restrictions for the addition. Photographs of the kitchen were presented to show the limitations and the need for additional space. Planning & Zoning June 13, 1996 Page 2 Mr. Walters commented that at the last meeting discussion regarding the original platting of the land and how it created a hardship for the current property owners took place. Mr. LuBien noted that the original lot was substandard for the minimum size. Mr. Walters questioned whether the case should be considered as a hardship variance. Mr. Ulmer noted that the request is not an appeal of the Building Official's ruling and the application before the Board is a request for a variance. Mr. Hegedus stated that the owners are being denied proper use of their property based on original shape and setbacks of the lot. Mr. Blum asked the Board to consider whether a variance is needed. He stated that he did not feel a variance is required. Mr. LuBien noted that due to Section 225 of the Code a variance is required because the main elevation of the home is pitched roof. Mr. Ulmer referred to the criteria for a variance in Section 702 of the Code. Mr. Hegedus noted that based on the photographs presented, modern appliances cannot fit into the existing space. Mr. Walters stated that the structure has a partially flat and partially pitched roof. There is some ambiguity in the Code regarding such a structure. Mr. Blum stated that the property had size constraints. However, the owners have purchased the additional land needed to utilize the property. Mr. Blum moved for approval of the request to build a flat roof addition without a variance. The motion died due to lack of a second. Mr. Caldwell moved that it be a finding of fact that a hardship exists and the application for a variance be approved. Mr. Hegedus seconded the motion. The vote was unanimous in favor. ITEM #3 REQUEST FOR APPROVAL OF PLANS FOR 8' HIGH CBS FENCE Thomas Lin, Miami Shores Motel 10500 Biscayne Blvd. Mr. LuBien explained that the request is to extend the existing wall an additional 100 feet to the canal front to deter people from walking around the fence. Mr. Lin stated that a resident neighboring the motel property has asked that the wall be extended. Mr. Franklin Grau, the architect, stated that the construction would be a continuation of the existing wall. Mr. Caldwell moved for approval of the request for a variance for 8' high CBS fence. Mr. Hegedus seconded the motion and the vote was unanimous in favor. Planning & Zoning June 13, 1996 Page 3 ITEM #4 REQUEST FOR APPROVAL OF PLANS FOR FLAT ROOF ADDITION Marion Morrison 1060 N.E. 95 Street Mr. LuBien explained that the applicant has returned for the flat roof addition. It is within the fifteen percent allowable area for flat roof additions. Mr. Blum stated he would abstain from voting on this item as he intends to bid on the project. • Mr. Ulmer stated that he may abstain due to conflict of interest. Mr. Art Salow, the architect was present on behalf of the applicant. Mr. Walters asked if the garage had been added on to the home. Mr. Salow stated it was originally built that way. Mr. Caldwell moved for approval of the application of plans for flat roof addition. Mr. Hegedus seconded the motion. The vote was as follows: YES - Mr. Caldwell, Mr. Hegedus, Mr. Walters Abstained - Mr. Blum. ITEM #5 BOARD COMMENTS Discussion regarding a member of the Village Staff appealing the Board's decision ensued. The following are the vacations schedules of the Board members: Mr. Walters - one month from 6/18/96 until 7/18/96. Mr. Hegedus - three weeks beginning 6/15/96. Mr. Caldwell - 6/23/96 through 7/8/96. Mr. Blum stated he would be gone two weeks in July, date T.B.A. Due to his late arrival, Mr. LuBien asked that the issue of the minutes be reopened. Mr. LuBien asked that, regarding the criteria for garage enclosures on Page 4, paragraph 4, the following be amended: - The room not be easily converted. - The secondary means of egress be blocked off. Mr. Caldwell moved for approval of the additional amendments to the minutes. Mr. Blum seconded the motion and the vote was unanimous in favor. ITEM #6 ADJOURNMENT • The June 13, 1996 meeting of the Planning & Zoning Board was adjourned at 7:15 P.M. eth A. Kroboth, Recording Secretary FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AME—FIRST NAME—MIDDLE NAME £65,- ._ C. ,,AIL NO ADDRESS02 '25- �scj COUNTY NAMMOF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE �. . 4s 71—cis'.-$ ��40— THE BOARD, CO CIL, CO WHICH I SERVE ISAUNIT OF: A_CIT! 0 COUNTY ON, AITIIIOR1TY OR COMMITTEE ON 0 OTHER LOCALAGENCY BATF HICH VOTE OCCURRED did“- �� /ff' NAME OF POLITICAL SUBDIVISION: MY POSITION IS: O ELECr1VE'. APPOINTIVE WHO MUST FILE FORM 8B -his form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, Anicil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented nth 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 'epending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on his form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPUANCE WITH SECTION 112.3143, FLORIDA STATUTES A isipon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure Al. to his or her special private gain. Each elected or appointed local 'officer also is prohibited from knowingly voting on a noasure 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; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 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. Tor purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother- in-law, 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). ACTED OFFICERS: ha addition to abstaining fiom 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 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. # # i * * # # # # # # * # # # # 'POINTED OFFICERS: Although you must abstain from 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 cony of the form must be provided immediately to the other members of the agency. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; - inured to the special gain of my business associate, - 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 has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,19 i•vA ‘r 4e/4ey A,4 C< 7 .fik- je-Wre, c -c 7/ff Date Filed ry • 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 OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B -REV. 1/94 . PAGE 2