05-21-1998 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING
MAY 21, 1998
The regular meeting of the Planning & Zoning Board was held on Thursday, May 21, 1998 in the
Chamber of the Village Hall commencing at 7:55 P.M. The meeting was called to order with the
• following members present:
Present: Robert Blum
Ivor Hegedus
Norman Powell
Absent: Frank Hegedus
Also Present: Richard Sarafan, Village Attorney
Frank LuBien
Lisa Kroboth
ITEM #1 MINUTES - APRIL 16, 1998
Mr. Hegedus moved for approval of the April 16, 1998 minutes as submitted, seconded by Mr.
Powell with a vote unanimous in favor.
Those witnesses who expected to testify at this meeting were sworn in at this time. All applicants
agreed to proceed with only three Board members present requiring a unanimous vote as stipulated
in the Code of Ordinances.
ITEM #2 REQUEST FOR APPROVAL OF 42" CONCRETE RAIL FENCE IN FRONT
YARD. Manuel Concepcion 35 NE 91 Street
Mr. LuBien stated that the application was before the Board as all front yard fences must be heard
by the Board. The fence is a concrete, decorative fence which is in compliance with the Code of
Ordinances. Mr. Hegedus moved for approval of the application as submitted with a second from
• Mr. Powell. Mr. Powell inquired as to the color of the fence. Mr. LuBien replied that it would be
white and the applicant concurred. The vote was called and was unanimous in favor.
ITEM #3 REQUEST FOR APPROVAL OF APPEAL TO BUILDING OFFICIAL'S DENIAL
OF PAINT COLOR FOR ROOF.
Rosetta Betty 9105 N. Bayshore Drive
The applicant was not present due to illness. However, she requested that this item be tabled until
the next meeting.
Planning & Zoning
May 21, 1998 Page 2
ITEM #4 REQUEST FOR APPROVAL OF APPEAL TO BUILDING OFFICIAL'S
DECISION REGARDING FENCING MATERIAL.
Norman and Sara Seidler 1150 NE 102 Street
Mr. LuBien asserted the application was before the Board based on Section 518(b) of the Code of
Ordinances. He read the portion of the Code pertaining to the applicant's request and indicated that
the Board's interest should be only of the fencing material to be used in the area in question. Mrs.
Sara Seidler was present on her own behalf
Mr. LuBien noted that the property is a unique and peculiar location as the house to the rear faces
Biscayne Boulevard thus the abutting property's front yard is in the applicant's rear yard. He noted
that the applicant's have complied with every aspect of the Code. There is an access road / right-of-
way running parallel to Biscayne Blvd. Mr. Blum expressed concern with the harmonious aspect in
relation to Biscayne Blvd. Should the barricade currently obstructing the view of the applicant's
home be removed, the proposed fencing material would be inappropriate. Mrs. Seidler countered that
her understanding was the barricade was owned and maintained by the Village reassuring Mr. Blum
of his concern.
Mr. LuBien indicated that the neighbor verbally confirmed that he had no objection to the fencing
material. Mr. Sarafan suggested that written confirmation from the neighbor be obtained for the
record. Mr. Powell moved to reverse the decision of the Building Official and accept the application
as submitted. Mr. Hegedus seconded the motion and the vote was unanimous in favor.
ITEM #4A REQUEST FOR APPROVAL OF APPEAL TO BUILDING OFFICIAL'S DENIAL
OF PAINT COLOR FOR BUILDING EXTERIOR.
Ronald P. Cleek 882 NE 97 Street
Mr. LuBien explained that the chosen color was inappropriate for the house itself and for the
harmony in the surrounding area. Mr. Ron Cleek was present on his own behalf, submitting a painted
sample of the color as well as photographs of the house. He indicated that the color was chosen to
enhance the brick and tile of the house. Mr. Cleek referred to several homes in the Village painted
similar colors.
• The Building Official's determination was based on Section 523 of the Code. Mr. LuBien expressed
concern with the chosen color as it was not related to neither the gray tile roof nor the brick accents
on the house. Insofar as being harmonious with the surrounding area, Mr. LuBien indicated that
other homes in the vicinity are primarily pastel, white and beige in color.
Mr. Powell remarked the color was hard to evaluate in the light of the Council Chamber. He would
defer to Mr. LuBien's judgement on this item, since the Code is vague on this subject. Mr. Blum
commented that the paint color of the other homes presented by the applicant were consistent with
the architecture of the home. He noted that those colors indicated were primarily lime -based paint
which begins to fade almost immediately unlike the proposed paint brand which tends to remain
vibrant.
•
•
Planning & Zoning
May 21, 1998 Page 3
Mr. Hegedus noted that the decision is purely subjective in regards to this topic. Mr. Powell inquired
as to the possibility of having the Board look at the property. Mr. Sarafan replied that the Board
should consider the application based on the facts presented before the Board. Mr. Cleek indicated
that he would prefer to defer the item to a later date to allow the Board to evaluate the area in
question. Mr. Powell moved to defer the item to the next meeting. Mr. Hegedus seconded the
motion an the vote was unanimous in favor.
ITEM #5 ADJOURNMENT
Mr. Blum discussed some items of concem regarding the functions of the Planning & Zoning Board.
He spoke of how the Board directs the future planning of the Village. He listed some items he would
like to be placed on future agendas for discussion and possible action. These items are as follows:
- The standardization of color for exteriors; creating a color palette.
— Charter revision regarding establishing a Code of Ethics; any revisions to the Charter should
be first considered by the Planning and Zoning Board as it is in part the responsibility of this
Board.
— The proposed swimming pool and it's requirements including the neighborhood impact, the
location, ADA requirements, etc...
— Involvement with the Emergency Management Program; being kept abreast of the plan.
Mr. Hegedus also indicated that the issue of the sheds should also be added. Mr. Sarafan described
the Board's duties and the means that can be used in order to initiate a proposal or amendment via
resolution.
The May 21, 1998 meeting of the Planning & Zoning Board was adjourned at 8:57 P.M.
eth A. Kroboth, Recording Secretary
Robert Blum, Acting Chairman