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09-12-1996 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 12, 1996 The regular meeting of the Planning & Zoning Board was held on Thursday, September 12, 1996 • in the Chamber of the Village Hall commencing at 7:30 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 Lisa Kroboth ITEM #1 MINUTES - AUGUST 22, 1996 Mr. Caldwell asked that on page 5, paragraph 1 the sentence reading "Mr. Caldwell seconded the motion because the flat roof limitation is strictly for aesthetic purposes." be changed to read "Mr. Caldwell seconded the motion because the flat roof didn't detract from the aesthetics of the property." Mr. Blum asked that on page 5, paragraph 2 the following be added to the sentence that reads "The addition could be built without exceeding the flat roof limitation by placing a pitched roof over the existing flat roof thereby the addition itself would not exceed the maximum allowable." Mr. Forney moved that the minutes be approved as amended. Mr. Caldwell seconded the motion and the vote was unanimous in favor. EM #2 REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE Ms. Gonzalez 290 N.E. 95 Street Mr. LuBien explained that the applicant would like to enclose the existing garage and add a two car garage. He noted that the home is entirely flat roof. Mr. Blum asked if there was a need to increase the septic tank size. Mr. LuBien stated there was not. Mr. Hegedus moved for approval of the request for garage enclosure. Mr. Blum seconded the motion. The vote was unanimous in favor. Planning & Zoning September 12, 1996 Page 2 ITEM # 3 REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE Gerard & Mirto Fabius 1250 N.E. 94 Street Mr. LuBien explained that the enclosure has already been completed to allow for a utility room and storage space. The applicant is seeking a permit after the fact. A section of the driveway was removed in front of the garage door. Mrs. Mirto Fabius was present on her own behalf, noting that the enclosure was necessary because of rodents and raccoons entering the area. She said that a contractor advised her on the enclosure, but did not perform the work. Mr. Walters stated that he was comfortable with the application due to the circular nature of the driveway allowing for off street parking. Mr. Forney noted that there is an exterior door that leads from the rear of the enclosure. To be consistent with precedence, it should be removed. Mr. Caldwell inquired if the enclosure was built to Code. Mr. LuBien stated that an inspection will take place prior to the issuance of a building permit. Mr. Hegedus moved for approval of the plans for garage enclosure subject to the exterior door being removed and enclosed. The area must be permanently blocked and be consistent with the finish of the wall. Mr. Caldwell seconded the motion. Mr. Ulmer asked Mr. LuBien if there was a South Florida Building Code requirement for an exterior fire egress. Mr. LuBien stated that it is logical to have as many means of egress as possible. Mr. Blum noted one of the windows located on the plans could be changed to an egress window. Mr. Walters called for the vote and it was unanimous in favor. ITEM #4 REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE Jeffrey Stout 35 N.E. 92 Street Mr. LuBien explained that the request was similar to the previous one with the exception that work has not yet been performed. The existing door will be blocked in . Mr. Blum inquired if additional septic tank space was needed and if the height of the floor needed to be raised for flood criteria. Mr. LuBien stated it did not. Mr. Stout was present on his own behalf. He stated that the room would be used as a home office and playroom for the children. Mr. Hegedus asked if the room would be used as a bedroom. Mr. Stout stated it would not. Mr. Caldwell moved for approval of the plans for garage enclosure. Mr. Forney seconded the motion. Mr. Blum noted that typically enclosures that meet the front of the house are required to be stuccoed from corner to corner. Mr. LuBien stated it would be noted on the plans. Mr. Walters stated he opposes enclosures where the driveway ribbons are left leading to the home. He asked if the applicant would consider installing a circular driveway. Mr. Stout said it could be a possibility. Mr. Walters called for the vote and it was as follows: YES - Mr. Blum, Mr. Caldwell, Mr. Hegedus, Mr. Forney. NO - Mr. Walters. Planning & Zoning September 12, 1996 Page 3 ITEM #5 REQUEST FOR APPROVAL OF VARIANCE TO ALLOW UTILITY SHED IN SIDE SETBACK. James O'Connor 746 N.E. 95 Street Mr. LuBien explained that the applicant would like to replace the existing utility shed which is currently non -conforming. Mr. Walters asked how the shed was installed in its present location if it is non -conforming. Mr. LuBien stated it was built before the ordinance was passed. Mr. O'Connor was present on his own behalf. Mr. Ulmer stated that it was necessary for the applicant to present evidence to prove the request for a hardship before the Board can proceed as no testimony of hardship has been presented. Mr. O'Connor stated that the setback requirements can not be met with the present layout of the backyard. He stated that the existing shed (4' x 6') is damaged. As the concrete slab already exists in this location, Mr. O'Connor would like to place the shed in the same place. Mr. Walters asked Mr. LuBien if there was a Code provision for locating a temporary shed on a septic tank drainfield. Mr. LuBien stated there was not. Mr. Walters asked Mr. O'Connor if the shed could be moved to the area over the drainfield. Mr. O'Connor replied that the shed would still be within fifteen feet of the house itself. Mr. Caldwell inquired as to why a side setback is required. Mr. LuBien replied that there is a need for open space to allow for privacy. If one was permitted to build to the property line, the visual integrity would be lost as well as privacy. Mr. Caldwell asked the applicant if the shed could be built between the bushes on the rear property line and the light pole and planter as indicated on the submitted drawing. Mr. O'Connor stated that there is only 8-10 feet of area in that space. Mr. Ulmer noted that the setback requirements are 15 feet from the building, 10 feet from the side and 5 feet from the rear. Mr. Walters asked the applicant to expand on his hesitance to relocate the shed. Mr. O'Connor stated that the concrete slab already exists in the present location. He stated that there is an elevation change of approximately 6 inches from the keystone patio which would affect the relocation of the shed to the rear of the property. Mr. LuBien noted that the only utility sheds that are allowed must be approved by the State. Mr. Walters asked the applicant if he was aware of the State requirements. Mr. O'Connor replied that he was informed through literature made available by the Village. Mr. Walters noted that the existing concrete slab is smaller than the proposed shed site. Mr. O'Connor stated he would like to change the size to a 4' x 10' instead of the proposed 8' x 10' which would require the shed to run to the property line. Mr. Blum moved the variance request be denied as there are other locations on the property that the shed could be placed that would not require a variance. Mr. Forney seconded the motion because there is no basis to grant a hardship variance. Mr. Blum expanded on his reasoning stating that a variance should be granted only if there are absolutely no other options. Mr. O'Connor asked if the screened patio was considered part of the house structure. If it were, the setback requirements could not be met from the rear property line to the house. Discussion regarding the actual measurements from the screen patio to the keystone patio to the rear of the property ensued. Planning & Zoning September 12, 1996 Page 4 A five minute recess was taken at this time to allow Mr. LuBien to retrieve the survey of the property. Mr. LuBien read the measurements of the property based on the site plan for screened addition: length of the lot - 128.75 feet. To find the length from the screened patio to the rear property line, the following measurements were subtracted from the length of the lot: 25.05, 16.5, 17.6, 18.2, 21.5. The difference was 29.9 feet. Subtracting the five feet for the rear setback, there is still 25 feet and ample space for the shed. Mr. Walters called for the vote at this time. It was unanimous in favor to deny the request for a variance. ITEM #5A REQUEST FOR APPROVAL OF PLANS FOR CARPORT ENCLOSURE Anthony Phillips 38 N.W. 109 Street As the applicant was not present, Mr. Caldwell moved that the item be tabled until the next meeting. Mr. Blum seconded the motion and the vote was unanimous in favor. Discussion regarding garage enclosures and the septic tank requirements ensued. Mr. Blum noted that, based on previous applications, anyone seeking to enclose a garage, need only call the enclosure anything other than a bedroom to avoid installation of a larger septic tank EM #6 BOARD COMMENTS Mr. Hegedus presented the Board with copies of Ordinance 887 from the City of North Miami regarding the issuance of a certificate of re -occupancy. He asked that the Board pursue this subject. Mr. Walters asked that this be scheduled as a discussion item at the next Planning & Zoning Board meeting with a light agenda. Mr. Walters noted that there was a spectrum of garage enclosures. He noted that the Code should define the parameters of garage enclosures. Mr. Forney agreed stating that standards should be set. Mr. Ulmer stated the Code does not have any provision for garage enclosures. He suggested the Board draft an ordinance regarding the matter. Mr. Walters asked if the Board should direct the Village Manager to ask the planners to develop criteria for single family residences. Mr. Forney stated a workshop would be better idea. He suggested that each Board member bring a list of five ideas to the next Board meeting for discussion. Mr. Ulmer related that an issue regarding political signs has been brought to the Village's attention. The current Code does not allow any signs other than real estate. The potential problem with a sign ordinance is that freedom of speech is protected. He stated that regulations of speech may be passed. However, it must be the minimum required in order to achieve legitimate public goals. • • Planning & Zoning September 12, 1996 Page 5 Mr. Ulmer stated that the Board must consider whether to draft an ordinance to Council restricting political signs. Mr. Ulmer stated he was reluctant to allow Code Enforcement to enforce the Code due to Village liability. Mr. Caldwell asked that information be obtained from other municipalities. Mr. Blum stated that the issue should be considered so there are options for future reference during political campaigning. Mr. Caldwell stated he was happy to see the Everett building was under construction. However, he was extremely unhappy with the length of time taken to begin. Mr. Caldwell asked that in the future, the Board prevent similar situations from arising. Mr. Ulmer stated that time limitations may be placed when granting an approval as a means of prevention. ITEM #7 ADJOURNMENT The September 12, 1996 meeting of the Planning & Zoning Board was adjourned at 9:05 P.M. eth A. Kroboth, Recording Secretary II ORDINANCE NO. d g AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BY AMENDING APPENDIX "A" FLIED ZONING 29CODE", ADOPTING BY AMENDING SEC. - MISCELLANEOUS RE UTATI Sn " BYDDOFIN SUBSECTION h "CERTIFICATE OF RE -OCCUPANCY", THE IS CE OF A CERTIFICATE OF D� ����� OCCUPANCY SUBSEQUENT TO THE SALE OF ALL RESIDENTIAL CI'T'Y OF NORTH MIAMI, REQUIRING DISCLOSURE BY SELLER; PROVIDING FOR THE REQUIREMENT THAT PRIOR TO THE SALE OF AN APARTMENT COMPLEX (FCUR�FICATRE �E'�)RF�'IR�IGTIN�G INSPECTION SHALL OBTAIN ASSURE RE -OCCUPANCY COMPLIANCE WITH SINGLE FAMILY OCCUPANCY PER UNIT USE RESTRICTION, AS TO ALL RESIDENTIAL PROPERTY, AND AS TO APARTMENT COMPLEXES AS TO CERTAIN HEARTH AND SAFETY RESTRICTIONS; PROVIDING FOR SEVERABILITY, PE NAUTY AND EFFECTIVE DATE. WHEREAS, it is the desire of the City Council of the City of North Miami to establish a procedure providing for the issuance of a certificate of re -occupancy upon sale of residential property within the City of North Miaiiti, in order to ensure that said property is in conformance with Sec. 29-4 (b)(1) of the Zoning Code of the City of North Miami, requiring each dwelling unit to be designed, used and intended to be used by a single family only, and to assure that certain health and safety criteria are satisfied as'to multi -family units. _ NOW, MEREFORE, BE IT HEREBY ORDAINED BY THE CI'T'Y COUNCIL OF THE CITY OF NORTH MIAMI, THAT: Section 1. The City Code of Ordinances of the City of North Miami is hereby amended by amending Appendix "A", "Zoning" by amending Sec. 29-16 "Miscellaneous Regulations" by adopting subsection (h) thereof "Certificate of Re -Occupancy" to read as follows: "(h) Certificate of Re -Occupancy I. SINGLE FAMILY, WPLEX. TRI-PLEX (a) (1) It shall be unlawful for any person. firm or corporation to occupy or cause the occupancy of any single family, duplex or triplex dwelling unit owned by such person. firm or corporation, which property has been sold. transferred or conveyed to such person, firm or corporation after the effective date of this ordinance. unless a Certificate of re -occupancy has been issued by the Director of the Building and Zoning Department or his designee. The certificate of r- if issued = 1 state that the director or his designee has inspected the dwelling and has determined that the dwelling meets the provisions of Sec. 29-4 (b) (1) of the Zoning Code of the City of • • North Miami pertaining solely to the requirement that each individual dwelling unit is used. designed or intended to be used for a single family purpose only. as required by the Zoning District Regulation. The certificate shall contain a notice in substantially the form set forth on Exhibit "B" attached hereto. •u It shall be unlawful for any person, firm or corporation to close on the transfer or convp�ance of any single family, duplex or triplex dwelling unit owned by such person. firm or corporation, without first disclosing by written notice to the buyer. grantee or transferee the fact that a certificate of re -occupancy is required by this Ordinance. Such notice shall be provided in sub- stantial conformity to the Disclosure Statement attached hereto as Exhibit "C" and incorporated herein. (b), Application for a certificate of re -occupancy shall be made by the seller or owner,.or the designated agent. upon a form ',provided by the City and the payment of an inspection fee of $50.00: The fee for re -inspection shall be $25.00. These fees shall be paid by the applicant. •g),• Upon receipt of the application and fee, a city zoning inspector shall inspect the dwelling within ten (10) days and. if such dwelling is found to be in conformance with the provisions of paragraph (a) (1) above. a certificate of shall be issued. If the dwelling is not in conformance with such provisions. the director or his designee shall indicate by itemized list corrective action and the certificate of re-oa upancy shall be withheld unless and until such provisions are Fomp1ied with. to the reasonable satisfaction of the director or his designee. II. APARTMENT COMPLEX • u It shall be unlawful for any person. firm or corporation to sell. convey of transfer an apartment complex consisting of four (4) or more units without first obtaining a reccourancv certificate issued by the Director of the Building and 2 Zoning Department or his designee. Such certificate of re-oancy. if issued. shall state that the director or his designee has inspected the apartment complex and has determined that the apartment complex meets the provisions of Sec. 29-4 (1.0 (1) of the Zoning Code of the City of North Miami. pertaining solely to the requirement that each dwelling unit therein is used. designed or intended to be used for a single family purpose only. as required by the Zoning District Regulation, and that the dwelling complies with health and safety criteria specified herein in Exhibit "A". The certificate shall contain a notice as set forth in substantial compliance with Exhibit "B" attached hereto and incorporated herein. III Application for a certificate of re -occupancy shall be made by the seller or his designated agent. upon a form provided by the City and the payment of an inspection fee of $100.00 and an additional $5.00 per each additional unit. The reinspection fee shall be $50.00 and an additional $5.00 for each unit. u Upon receipt of the application and fee. a city inspector shall inspect the apartment complex within ten (10) days and, if such apartment complex is found to be in conformance with the provisions of II (a) above a certificate of re -occupancy shall be issued. If the apartment complex or any dwelling unit therein is not in conformance with the above provisions. the director or his designee shall, indicate by itemized list corrective action and a certi- ficate of re -occupancy shall be withheld unless and until such provisions are complied with. to the reasonable satisfaction of the director or his designee. III. RESTRICTION ON INSPECTION Information gained or conditions observed in the course of anv inspection conducted pursuant to the authority of this Section (h) "Certificate of Re -Occupancy" shall not be utilized by the Code Enforcement officers of the City of North Miami as the basis for bringing 3 Code Enforcement violation proceed •s other than as to the s le f - dwelling use zoning violations or health and safety violations directly addressed by the inspection made under this ordinance. as applicable, This shall not preclude other enforcement actions brought upon the basis of information gained or violatio observed by other lawful • means." • Section 2. ,Severability. If any word, clause, phrase, sentence, paragraph or section of this ordinance is held to be invalid by a court of competent jurisdiction, such declaration of invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section of this ordinance. Section 3. Penalty. Any person who violates any provisions of the Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or by imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This ordinance shall also be subject to enforcement by the fecal -Government Code Enforcement Board Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 4. Effective Date. Upon adoption on second reading, this ordinance shall take effect on January 1, 1993. PASSED AND ADOPTED by 5-0 vote of the City Council on the first reading, this 10th day of Noveiuber , 1992. PASSED AND ADOPTED by 4-0 vote of the C �. Council on secon3 reading this 24th day of November CITY CLERK APPROVED: -÷1-• CITY ATTORNEY 4 EXHIBIT "A"r' CITY OF NORTH (4IAHI F HEALTH AND SAFETY CRITEaIA CHECK -LIST (CERTIFICATE OF REQCCUPANCY) • APARTMENT COMPLEXES (4011kREUMUU, iIOTEt8 AND MOTELS: ADDRESS: 1. Swimming Pool Fencing 2. Swimming Pool Water Clarity from Surface to Bottom 3. No Open Sewerage Hazard 4. Windows and Doors Intact 5• 'No Exposed Electrical Wires or Open Receptacles 6. Self -Closing Doors at Garbage Chute, Fusible Link at Garbage Chute 7. Exit Lights 8. Balcony and Corridor Railings 9. Fire Extinguisher, Alarms and Smoke Detectors, as Applicable 10. Sanitation Facilities 11. Self -Closing Fire Dors • Page 'r• • • s • • CITY OF NORTH MIAMI REOCCUPANCY CERTIFICATE i I'2'i 6 This certificate does not constitute any representation or warranty as to the condition of the dwelling or other structures on said premises described herein (or any aspect of such condition), and interested persons are advised and encouraged to make their own inspections of the premises in order to determine the condition thereof. The inspection made in connection with this certificate is not an electrical, plumbing, or mechanical inspection. This certificate shall not represent that the property conforms to the provisions of the city code. Address Folio No. Name (contact) Phone Date of application Buyers Name (s) Sellers Name (s) ** THIS CERTIFICATE SHALL REMAIN VALID FOR THE BUYER AND SELLER LISTED ABOVE. ANY CHANGE IN BUYER OR SELLER WILL REQUIRE ANOTHER INSPECTION WITH AN ADDITIONAL FEE. ** ********************************************************************************** FOR OFFICE USE ONLY: SECTION A: This certifies that the following structures or units are in compliance with Sec. 29-4 (b) (1) of the zoning code, in reference to the restriction that each dwelling unit be used for a single-family purpose. The dwelling unit(s) may only be legally occupied as: Single -Family Duplex Triplex Apartment Complex (4 or more units) Number of Units Indicate whether the premises complies with the Sec. 29-4 (b) (1) Zoning Code requirement listed: Intent to Use: Use, Design, and Interior Layout Consistent with Authorized Dwelling Use (i.e. no more than one kitchen per dwelling; no multiple house -keeping unit in each single dwelling unit) 0 Yes 0 N ❑N/A SECTION B: This certifies that the following structure(s) or units are in compliance with health and safety criteria set forth on Exhibit "A" check -list attached hereto, which is applicable to Apartment Complex, Hotel, and Motel ONLY.) Comments/Corrections (note any attachments) Check No ❑ Denied / Contact for Reinspection: 893-6511 Ext. ❑ Approved Amount CODE ENFORCli<MENT►OFFI¢ER DATE OF ISSUANCE If Issued) Flood Zone Zoning District Current Survey Provided • • CITY OF NORTH MIAMI APPLICATION FOR A REOCCUPANCY CERTIFICATE Address Folio # Person to contact for inspection Phone # Date of Application Sellers Name(s) Buyers Name(s) ** PRINT CLEARLY ** ** PRINT CLEARLY ** THIS AFFIRMS THAT THE FOLLOWING STRUCTURE IS IN COMPLIANCE WITH SEC. 29-4 (b)(1) OF THE ZONING CODE, WHICH STATES THAT EACH DWELLING UNIT MAY BE USE FOR A SINGLE-FAMILY PURPOSE ONLY. THE BUILDING MAY ONLY BE LEGALLY OCCUPIED AS: SINGLE FAMILY DUPLEX TRIPLEX APARTMENT COMPLEX (4 OR MORE UNITS) NUMBER OF UNITS ========================--===============================_= Amount Paid : Check # : Cash ======= _=====_==_=========_ _ _ _ _ _ _ = = = = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ = PLEASE NOTE : RECEIVING A CERTIFICATE OF REOCCUPANCY DOES NOT CONSTITUTE ANY REPRESENTATION OR WARRANTY AS TO THE CONDITION OF THE DWELLING OR OTHER STRUCTURES ON SAID PREMISES DESCRIBED HEREIN (OR ANY ASPECT OF SUCH CONDITION), AND INTERESTED PERSONS ARE ADVISED AND ENCOURAGED*TO MAKE THEIR OWN INSPECTIONS OF THE PREMISES IN ORDER TO DETERMINE THE CONDITION THEREOF. THE INSPECTION MADE ON CONNECTION WITH THE CERTIFICATE IS NCT AN ELECTRICAL, PLUMBING, OR MECHANICAL INSPECTION. THE CERTIFICATE SHALL NOT REPRESENT THAT THE PROPERTY CONFORMS TO THE PROVISIONS Cc THE CITY CODE, OTHER THAN SECTION 29-4 (b)(1) AS STATED ABOVE. ATTENTION : CITY CODE ALLOWS UP TO 10 DAYS FROM THE DATE OF APPLICATION TO COMPLETE THIS INSPECTION, PLEASE FILE YOUR APPLICATION ACCORDINGLY. • • DISCLOSURE STATEMENT Property : Buyer : Phone : Print or Type Seller : Phone . Print or Type SELLER does hereby disclose to BUYER that pursuant to Ordinance No. 887 adopted by the City Council of the City of North Miami on November 24, 1992, as codified in Sec. 29-16 (h) of the Zoning Code of the City of North Miami, as amended, it is unlawful to occupy cause the occupancy of a single-family, duplex, or triplex property sold to BUYER after January 1, 1993, unless and until a Certificate of Re -Occupancy is issued by the City of North Miami for such property. Seller STATE OF FLORIDA) COUNTY OF DADE) Sworn to and subscribed before me by seller this day of 19_. Notary Public (Stamp Commissioned Name) Personally Known Produced I.D. Type of I.D. Produced Buyer STATE OF FLORIDA) COUNTY OF DADE) Sworn to and subscribed before me by buyer this day of 19_. Notary Public (Stamp Commissioned Name) Personally Known Produced I.D. Type of I.D. Produced THIS FORM MUST BE COMPLETED AND PRESENTED TO THE INSPECTOR BEFORE A CERTIFICATE OF RE - OCCUPANCY CAN BE ISSUED . OFFICIAL USE ONLY Inspection Date: revised 11/13/95 Inspector: