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10-16-1997 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING OCTOBER 16, 1997 The regular meeting of the Planning & Zoning Board was held on Thursday, October 16, 1997 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 Ross Prieto Lisa Kroboth ITEM #1 MINUTES OF SEPTEMBER 18, 1997 Mr. Forney noted that on Item 5, page 4, the spelling of Mr. Ron Wedel is incorrect. It is Mr. Ron Von Wedel. Mr. Hegedus asked that there be some mention as to the measurement standard established in Item 1. Mr. Caldwell asked that reference be made to the fact that Dr. Burch could not specifically answer the question raised by Mr. Caldwell regarding his objection to the wall in question. This item was tabled until the end of the meeting to allow time for verbage for the suggested amendments to be written. ITEM #2 REQUEST FOR APPROVAL OF VARIANCE TO POOL SETBACK REQUIREMENTS. Deborah Griffith 90 NE 101 Street Mr. LuBien explained that there is a very large specimen tree in the back yard which falls categorically under the County protection program. So as not to interfere with the root system of the tree, the applicant is requesting that the pool be placed within the side set back. Ms. Deborah Griffith was present on her own behalf. She stated that the plan allows for the pool to be placed where the septic tank drain field is currently located. The septic tank would be moved to the side of the house. Mr. Caldwell inquired as to who provided the information regarding the danger to the root system should the pool meet the set back requirements. Ms. Griffith replied that an independent tree expert, Steven White, had given the evaluation. Planning & Zoning October 16, 1997 Page 2 Mr. Ulmer noted that the Board has previously determined that the side yard set back for a pool is ten feet not twelve and a half feet. Mr. Forney also noted that in previous meetings, a consensus was reached that the inability to have a pool was not a hardship. Mr. Walters replied that in this case, a government restriction was imposed on the property which was beyond the owner's control. He noted that the pool could be placed within the set back, possibly jeopardizing the root system of the tree. Mr. Blum concurred with Mr. Forney and asked the applicant if the pool could be placed in a different area or be designed to fit within the set back requirements. Ms. Griffith replied that it is not impossible. However, the idea was to place the pool in the existing drain field area. Mr. Ulmer stated that the issue is whether or not the pool can be designed to fit within the required set backs. This particular pool cannot fit within the existing area. However, it is essentially a matter of design. Mr. Caldwell remarked that evidence from the tree expert should have been submitted. Mr. Caldwell moved that the application for a hardship variance be denied. Mr. Blum seconded the motion. The vote was unanimous in favor. ITEM #3 REQUEST FOR APPROVAL OF ADDITION TO COMMERCIAL BUILDING Pizza Hut / Mauricio Montego, Presenter 8900 Biscayne Blvd. Mr. LuBien relayed that the contractor was present with additional information regarding the appearance and materials to be used in the requested addition. Mr. Walters described the impact that the site plan reviews have on the aesthetics of Miami Shores Village. He had expected an administrative review of the application in order to continue the progress that has been made regarding site plan reviews and providing the necessary recommendations. Mr. LuBien replied that the addition is an improvement with a minuscule impact on the property. Mr. Mauricio Montego, presenter for the applicant, provided a rendering of the proposed addition. He stated there would be a concrete block wall that would encompass the cooler matching the existing building. Mr. Caldwell moved that the application be approved. Mr. Hegedus seconded the motion. Mr. Forney concurred with Mr. Walters as to administrative site plan reviews. Mr. Walters reiterated his opinion regarding administrative staff and professional planner review of all site plans with a recommendation to the Board. The vote was called and was as follows: YES - Mr. Blum, Mr. Caldwell, Mr. Hegedus, Mr. Forney ; NO - Mr. Walters. ITEM #1 MINUTES OF SEPTEMBER 18, 1997 Discussion regarding the measurement standard with regards to FEMA regulations ensued. Mr. Ulmer noted that concern with the height of the fence was due to both properties having swimming pools. Therefore, the minimum and maximum height measurement could be increased. It was concluded that no change should be made regarding the measurement standard. • • Planning & Zoning October 16, 1997 Page 3 Mr. Caldwell asked that the following be added to the minutes on page 2, as paragraph 3, "Mr. Caldwell asked Dr. Burch two times what problem(s) the wall, if built as the applicant requested, would cause him but on each 'occasion he responded that he simply wanted to see how the issue would be resolved, i.e. he did not identify any problems." Mr. Forney moved that the minutes of September 18, 1997 be approved as amended. Mr. Caldwell seconded the motion and the vote was unanimous in favor. ITEM #4 ADJOURNMENT The October 16, 1997 meeting of the Planning & Zoning Board was adjourned at 8:25 P.M. El' .:'eth A. Kroboth, Recording Secretary 'Cliff Walters, Chairm '