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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