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07-27-1998 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING JULY 27, 1998 The regular meeting of the Planning & Zoning Board was held on Thursday, July 27, 1998 in the Chamber of the Village Hall commencing at 7:37 P.M. The meeting was called to order with the • following members present: Present: Robert Blum Frank Hegedus Ivor Hegedus Norman Powell Also Present: Richard Sarafan, Village Attorney Frank LuBien Lisa Kroboth ITEM #1 MINUTES - JUNE 18, 1998 Mr. Frank Hegedus moved that the minutes of June 18, 1998 be approved as submitted. Mr. Ivor Hegedus seconded the motion and the vote was unanimous in favor. Those witnesses expecting to testify at this meeting were sworn in at this time. Due to a conflict of interest on the next agenda item, Mr. Blum passed the gavel to Mr. F. Hegedus. ITEM #2 FOR THE BOARD TO ESTABLISH THE APPLICABLE ELEVATION IN DETERMINING THE MAXIMUM HEIGHT OF FENCE/WALL. Paul & Kathy Nettleton 1173 NE 104 Street Mr. LuBien described the original construction of the existing wall to vary in height from five to six feet for which a variance was obtained. During the recent bridge construction along the west side of the property, a higher approach was introduced. Historically, the grade has been established at the lowest point with regard to fences and walls. However, an undue hardship has been created for the property owner because the right-of-way was altered. Because of the varying grade along Biscayne Blvd., Mr. LuBien requested that the elevation be raised to a minimum of five feet to allow for some protection. Mr. Nettleton was present on his own behalf stating his primary reason for the request was indeed for security and privacy concerns as well as the nuisance created from the automobile noise and road dust. He is also aware of the minimum four foot fence requirement for backyard pools with which, under the current circumstances, he is not in compliance. Planning & Zoning July 27, 1998 Page 2 Mr. I. Hegedus asked for the total height of the wall if taken from the grade. Mr. LuBien replied that it would need to be determined at the job site between the Building Official and the contractor in order to establish a practical solution. He suggested that the item be considered as a variance as the contour of the land on the approach varies throughout the property. Mr. Nettleton modified his application to a variance request and waived any notice requirements. Mr. Powell moved that the request for a variance be approved with a maximum fence/wall height of five feet measured from the grade of the Biscayne Blvd. side (west property line). Mr. I. Hegedus seconded the motion. The vote was unanimous with Mr. Blum abstaining from the vote due to the previously mentioned conflict. The gavel was passed back to Mr. Blum for the remainder of the meeting. ITEM #3 STANDARDIZATION OF PAINT COLORS PROGRESS REPORT. Ines Hegedus -Garcia Mrs. Garcia indicated that the residents should not be limited in the choice of paint colors. It is her suggestion that a base color chart be established with the property deciding on a trim color. Both the base and trim colors should agree with the urban context of the home as well as the climate. Mr. F. Hegedus agreed with the proposal. Mrs. Garcia noted the next step in the process would be to create a book of color templates. Mr. Blum asked how lime -based paints would be categorized within the sample context. Mrs. Garcia suggested that samples which show the weathering of lime - based paints over time be included in the book of colors especially for homes built in the 1920's. ITEM #4 DISCUSSION: EX -PARTE COMMUNICATION. Mr. Blum asked that this item be placed on the agenda as concern has risen regarding the Board establishing proximity to cases that come before them. Mr. Sarafan stated that the Board is considered quasi-judicial, meaning the members should only consider the items based on evidence as it comes before the Board. He indicated that Florida Statutes provide for a municipal ordinance to be established that would grant the Board certain rights with safeguards as a matter of procedure. This would allow for example, the Board to view an applicants' home to establish whether a proposed color is harmonious with the neighborhood. Mr. Sarafan asked that the Board officially request the Village Council to pass an ordinance to incorporate "jury view" as a matter of procedure for the various Boards instructing the Village Attorney to draft such an ordinance. Mr. I. Hegedus moved that the Planning & Zoning Board pass a resolution to have the Village Council request an ordinance be drafted allowing the various Boards to incorporate "jury view" as a matter of procedure. Mr. F. Hegedus seconded the motion and the vote was unanimous in favor. Planning & Zoning ITEM #6 ADJOURNMENT July 27, 1998 Page 3 The July 27, 1998 meeting of the Planning & Zoning Board was adjourned at 8: 30 P.M. • --166-t/7- h A. Kroboth, Recording Secretary Robert Blum, Acting Chairman Jun -11-98 12:21P Miami Shores Village 305 756 8972 P.02 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR --� COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ST--1neeraaNA14a--Mrcou NAM S/6 /h /(d 1J2r �( s R.DJO ADO 7 S- ,V. '2 1 ,fd�-mel 177 :4)%4; SA ur£J •TE ON will o�L - . COUNTY 3,3i38 NAlwm o8aOk,VuO3wV,Nc UN?rpbtws�oK Arrrao*nT. Oa wC1OAED,MA00OIOrAUTHORITY OR comma OrNra l9 lit MIT O COUNT/ 0 OThER LOCAL AC /2MT VOTE OCCURRED NAME OF POLITICAL SURDW1SION /72/4'! z ,S4a'IT MY !'MON (s O starry E X APPoUNltvE WHO MUST FILE FORM BB As form is for use by any person serving at the county, city, or other local level of government an an appointed or elected board, rndl. commission. authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented _h s voting conflict of interest under Section 112.3143, Florida Statutes. our responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly pending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on lis form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPUANCE WITH SECTION 112.3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure •oirich inures to his or her special privsta gain. Each elected or appointed local officer also is prohibited from knowingly voting on a Yncoeure which inures to the special gain of a prindpal (other than a government agency) by whom he or she is retained (including "le parent dation or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative; to the special private gain of a business associate. Cornmisaionere of community redevelopment agencies under Sec. 163.388 or . 3.387, F.&, and officers of Independent 'pedal tax districts elected on a one -acre, one -vote basin are not prohibited from voting in ;eat capacity. 'our purposes of this law, a "relative includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother- •1nw, son-in-law. and daughter-in-law. A'business associate" means any person or entity engaged in or carrying on a business :enterprise with the officer es a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corpo- ation we not listed on any national or regional stook exchange). • • • • • • • • r • • • • • • 1•LECTEI OFFICER& addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITBZN 15 DAYS AFTER THE VOTE OCCURS by completing and !fling this form with the person responsible for recording • the minutes of the meeting, who should incorporate the form in the minutes. • • • • • • • • • • • • • • • s,PPOINTED OFFICER& Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However. you must disclose the nature of the conflict before making any attempt to influence the derision, whether orally or in writing and whether made by you or at your direction. IF YOV INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEFTIN4 AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. • A an•:y of the form roost be provided immediately to the other members of the 'agency. ._ ... ., .... ‘1*. t „ Jun -11-98 12:21P Miami Shores Village 1 305 756 8972 P.03 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETD1G: • Yon must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 18 days ager the vote occurs with the parson responsible for recording the minutes of the meeting, who most incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form mad be read publicly at the next meeting after the form L filed. 1 DISCLOSURE OF LOCAL OFFICER'S INTEREST . hereby diatom that on Pc//p (a) A measure came or will parse before my agencywhich (cheek ono) inured to my special private pin; inured to the special gain army business associate, inured to the special gain of my relative, Linured to the special gain of whom I am retained; or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature army conflicting interest in the measure is as follows: Date Filed 4918. py , 7 4 "-4,- - w e %1.////i 7/e --f/ , by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ¢112.317 (1991), A FAILURE TO MAKE ANY REQVIIBED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFIdE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 36,000. CE FORM 88 - REV. 1 4 PAGE 2