01-15-1998 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
JANUARY 15, 1998
The regular meeting of the Planning & Zoning Board was held on Thursday, January 15, 1998 in the
• Chamber of the Village Hall commencing at 7:35 P.M. The meeting was called to order with the
following members present:
•
Present: Cliff Walters, Chairman
Robert Blum
Thomas J. Caldwell
Frank Hegedus
Ivor Hegedus
Also Present: David Wolpin, Interim Village Attorney
Frank LuBien
Lisa Kroboth
ITEM #1 MINUTES DECEMBER 18, 1997
Mr. Caldwell moved for approval of the December 18, 1997 minutes as submitted. Mr. F. Hegedus
seconded the motion. The vote was unanimous in favor,
ITEM #2 APPROVAL OF PLANS FOR ALTERATION TO CHURCH STEEPLE
Kingdom Hall of Jehovah's Witnesses 9100 NE 2nd Avenue
Mr. LuBien explained how the applicant proposes to remove the upper portion of the existing steeple
and elevate the parapet at the base of the existing steeple. It is before the Board due to the exterior
alteration of the building.
Mr. A.C. Lowery, the attorney for the applicant was present. He noted a demolition company would
undertake the task of removing the steeple. Mr. Caldwell inquired as to the future prospect of a
replacement steeple. Mr. Lowery replied that once the steeple is removed, the space will be covered
consistent with the building itself. Mr. Blum asked if the removal was for exploratory purposes. Mr.
LuBien responded it was not.
Mr. Caldwell moved to approve the plans for alterations to church steeple as submitted. Mr. I.
Hegedus seconded the motion and the vote was unanimous in favor.
•
Planning & Zoning
January 15, 1998 Page 2
ITEM #3 APPEAL OF BUILDING OFFICIAL'S DECISION REGARDING
INSTALLATION OF 5' WOODEN FENCE.
Susan Lawson 319 Grand Concourse
Mr. LuBien spoke of the property location. He read Section 518 (b)(1)(2) of the Code of Ordinances
noting that the applicant's side yard lines up with the front yards of those properties on 95th Street.
However, this particular situation is not defined in the Code. Mr. LuBien stated that it was his
opinion that the applicant's side yard is essentially a front yard in spite of the alley behind the property
and the material for the proposed fence is out of character with the surrounding area. He noted the
Board should consider the aesthetic impact on the surrounding area.
Mr. Caldwell disapproved of the application on the basis that a 5 foot wooden stockade fence not be
aesthetically pleasing at the 95th Street property location. Mr. I. Hegedus remarked that the
applicant's letter of appeal gives the impression of a need for animal control rather than the issue of
privacy. Ms. Susie Lawson was present on her own behalf. She clarified her objective as a dual
problem of privacy and the dogs jumping the fence.
Mr. Wolpin read Section 2-49 of the Code regarding a definition of front yard. Mr. Caldwell asked
whether there was a need for a variance. Based on further discussion, Mr. LuBien retracted his
opinion regarding the proposed portion of the property in question being a front yard, thus a variance
would not be needed. The peculiarity of the property was further discussed.
Mr. Caldwell reiterated his opinion regarding the aesthetics of the proposed fence. Mr. Caldwell
made a motion to deny the applicant's appeal and uphold the Building Official's decision. The motion
was seconded by Mr. I. Hegedus. Mrs. Elaine DelGrosso suggested an ornamental fence, perhaps
of PVC material, from Home Depot be an alternative. Mr. Walters recommended that the applicant
reconsider the choice of fencing material. Ms. Lawson stated that she needs guidance as to what
would be appropriate. Mr. Walters indicated that the Board is looking at the harmony of the
neighborhood in terms of the fencing material proposed.
Mr. Blum condensed the view of the Board to the following: a harmony issue rather than a front
yard/back yard issue. The application has been considered from an aesthetic point of view in relation
to the houses facing 95th Street and adjoining properties. The material, wood stockade, at a height
of 5 feet is not appropriate. Rather an ornamental masonry, ornamental metal or a picket fence would
be a better alternative. Ms. Lawson questioned the harmony issue. Mr. LuBien referred to Section
523.
The vote was called and was unanimous in favor.
•
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Planning & Zoning
January 15, 1998 Page 3
ITEM #4 APPROVAL OF PICKET FENCE, FRONT YARD
Ronald E. Rodgers 225 N.E. 105 Street
Mr. LuBien referred to the information as contained in the agenda packet regarding the location of
the fence which is acceptable as proposed. The Board must obtain the spacing of the proposed
pickets as well as approve the type of picket.
Ronald Rodgers was present on his own behalf Discussion regarding the spacing of the pickets
ensued. Mr. Caldwell moved that the application be approved, the slat be white picket, "dog eared"
on top with a height of 3 '/2 feet and a width of 4 inches, with a spacing of 3". Mr. Blum seconded
the motion and the vote was unanimous in favor.
BOARD COMMENTS
Mr. F. Hegedus inquired as to the status of the Code Revisions that the Board had presented to the
Village Stag some time ago. Mr. Caldwell asked about the utility shed ordinance that was prepared
by the previous Village Attorney.
Mr. F. Hegedus also informed the Board of state funding available to FP&L to accommodate for the
installation of underground utilities.
The January 15, 1998 meeting of the Planning & Zoning Board was adjourned at 8:50 P.M.
Elizabeth A. Kroboth, Recording Secretary
Cliff Walters, Chairman
MEMORANDUM
TO: MIAMI SHORES VILLAGE BUILDING & ZONING COMMITTEE
RE: WOODEN FENCE AT 225 NE 105 STREET
WE THE UNDERSIGNED HOMEOWNERS SUPPORT MR. RODGERS' EFFORT FOR A
WHITE, WOODEN, PICKET FENCE ON HIS PROPERTY AT THE ABOVE ADDRESS. MR.
RODGERS HAS TURNED WHAT WAS AN EYESORE INTO A BEAUTIFUL ADDITION TO
OUR NEIGHBORHOOD. HIS HOME IS ONE OF THE FIRST SIGHTS WE AND VISITORS
SEE WHEN TURNING ONTO NE 105 ST AND IT PROVIDES A WARM AND INVITING
WELCOME. THE ADDITION OF A WHITE PICKET FENCE NOT ONLY ENHANCES HIS
PROPERTY, BUT THIS FIRST IMPRESSION OF THE ENTIRE NEIGHBORHOOD. IT IS THIS
TYPE OF HARD WORK AND PRIDE OF OWNERSHIP WHICH IS MIAMI SHORES' FUTURE
AND SHOULD BE WHOLLY ENCOURAGED. AFTER ALL, WE ARE THE VILLAGE
BEAUTIFUL!
THANK YOU.