11-20-1997 Regular Meeting•
MIAMI SHORES VILLAGE
PLANNING & ZONING
NOVEMBER 20, 1997
The regular meeting of the Planning & Zoning Board was held on Thursday, November 20, 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:
Absent:
Also Present:
Robert Blum, Acting Chairman
Thomas J. Caldwell
Frank Hegedus
Ivor Hegedus
Cliff Walters
David Wolpin, Interim Village Attorney
Frank LuBien
Ross Prieto
Lisa Kroboth
ITEM #1 MINUTES OF OCTOBER 16, 1997
Mr. F. Hegedus moved for approval of the October 16, 1997 minutes as submitted. Mr. Caldwell
seconded the motion and the vote was unanimous in favor.
ITEM #2
REQUEST FOR APPROVAL OF VARIANCE TO PERMIT RE -ROOF WITH
SHINGLES. Alan M. Sandler 1090 NE 96 Street
Mr. LuBien explained that the property currently has a shingle roof. Previous records show that the
prior roof was an asbestos shingle roof. The original plans indicate the structure was prepared for
a tile roof. In previous conversation, the applicant revealed that the house had been re -roofed by a
variance procedure approximately twenty years ago. There was nothing in the property file to
confirm this. Mr. LuBien requested any documentation that could be provided by the applicant
regarding the re -roofing be brought to the meeting tonight.
Mr. Blum indicated that there was no data, such as an engineer's report, to support Mr. Sandler's
request. When the application was filed with the Building Department, Mr. LuBien relayed this to
Mr. Sandler, who wished to proceed with the application and was present on his own behalf. Mr.
Sandler gave a brief history of the house and the roof. He also produced an invoice for the roof
replacement in 1978.
Planning & Zoning
November 20, 1997 Page 2
Mr. Sandler commented that should the roof be replaced with tile, it would not be aesthetically
pleasing and it would look inappropriate. He stated that because the shingles were allowed twenty
years ago, it should be allowed today. Mr. Wolpin noted that Section 702 of the Code of Ordinances
was amended in 1988, thus the roof may have been previously allowed. Mr. Caldwell inquired as to
the hardship created should the shingles not be approved. Mr. Sandler stated that it would be a
financial hardship as the tile roof would cost more than the shingle roof. He indicated that he would
not re -roof the house with tile. Rather, he would try to patch areas as needed.
Mr. I. Hegedus expressed the opinion that the style of the house would change if the shingle roof was
not permitted. Mr. LuBien countered that in order to replace a non -conforming roof with the same
material, a structural engineer report, a letter addressing the four criteria for a hardship variance. He
noted that there is no documentation to substantiate the requirements. Mr. Wolpin added that the
Code of Ordinances is strict in its criteria regarding variance procedures and there has been no
evidence that meets the conditions as stipulated in Section 702. He suggested that the application
be tabled until such time the applicant can produce the required evidence.
Mr. Sandler asked what exceptions would be made to grant the variance. Mr. Wolpin recommended
that the applicant meet with the Village staff in order to obtain the necessary information needed for
factual presentation before coming to the Board. An applicant should not come before the Board
without the necessary documentation.
Mr. Sandler continued his argument that the house is a northern style home whose value would
diminish should a tile roof be required. Mr. Blum remarked that the required information, such as
an engineer's report, had not been submitted. He noted that there are a number of other roofing
material options. Mr. Caldwell alluded that the applicant should obtain a professional opinion, such
as an architect or engineer report, in regards to some of the earlier statements.
Mr. Caldwell moved that the item be tabled until such time the applicant returns with the proper
documentation. Mr. F. Hegedus seconded the motion. The vote was unanimous in favor.
ITEM #3 DISCUSSION AND ACTION: AN ORDINANCE OF THE VILLAGE COUNCIL
OF MIAMI SHORES, FLORIDA PERTAINING TO THE SUBJECT OF
WIRELESS TELECOMMUNICATIONS FACILITIES' ESTABLISHING
REGULATIONS GOVERNING THE ERECTION, LOCATION (INCLUDING RE-
LOCATION) AND OPERATION OF ANTENNAS AND ANTENNA TOWERS
WITHIN THE VILLAGE; PROVIDING CERTAIN TERMS AND CONDITIONS;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
•
Planning & Zoning
November 20, 1997 Page 3
Ms. Dalia Barrosso, with Soler Media was present as the engineering consultant for the Village. She
gave a brief overview of the proposed ordinance which has been written in order to comply with
Federal regulations regarding telecommunication towers and antennas. Although the Village
currently has a moratorium on these structures, it expires at the end of January 1998 and Federal law
requires reasonable access.
Discussion regarding various aspects of the ordinance ensued. Recommendations for changes to the
ordinance were as follows:
- All utility services to the building service structure shall be required to be placed
underground.
- The height limitation shall be 130 feet.
In Section 5-D, regarding stealth designs, strike "shall be encouraged" and replace with "shall
be required whenever reasonably possible."
— As an addition to Section 5-D, the stealth of the tower as well as the antenna should be
included.
— In Section 4 -Al ., Siting Preferences, move the preferred location of the antennas to Village
owned property first, followed by the S-2 the former Dog Track owned property.
— In addition, the ordinance should provide a minimum requirement of at least two service
providers / carriers in order to construct a telecommunications tower.
Mr. Caldwell moved that, provided the above changes are made, the ordinance be given Planning &
Zoning approval with recommendation to the Village Council to adopt the ordinance as revised. Mr.
I. Hegedus seconded the motion and the vote was unanimous in favor.
ITEM #4 ADJOURNMENT
Mr. F. Hegedus moved for adjournment with a second by Mr. I. Hegedus. The vote was unanimous
• in favor. The November 20, 1997 meeting of the Planning & Zoning Board was adjourned at 8:55
P.M.
Robert Blum, Acting Chairman
Eliz .eth A. Kroboth, Recording Secretary