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08-20-1998 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD AUGUST 20, 1998 The regular meeting of the Planning & Zoning Board was held on Thursday, August 20, 1998 in the • Chamber of the Village Hall commencing at 7:33 P.M. The meeting was called to order with the following members present: Present: Robert Blum, Acting Chairman Frank Hegedus Ivor Hegedus Norman Powell Also Present: Richard Sarafan, Village Attorney Frank LuBien Lisa Kroboth 11'EM #1 MINUTES JULY 27, 1998 Mr. I. Hegedus moved for approval of the July 27, 1998 minutes as submitted. Mr. F. Hegedus seconded the motion. The vote was unanimous in favor, ITEM #2 APPROVAL OF PLANS FOR FLAT ROOF ADDITION Herbert Schauer 10667 NE 11 Court Mr. LuBien indicated that the proposed addition fell within the 300 square foot maximum for flat roof. Mr. Leonard Feldman, Star Construction Co., was present on behalf of the applicant. He stated that the proposed addition had no adverse impact to the surrounding area. Mr. F. Hegedus moved that the application be approved with a second from Mr. I. Hegedus. The vote was unanimous in favor. Mr. Powell arrived at this time. ITEM #3 APPROVAL OF PLANS FOR FRONT YARD FENCE. Francois MacLellan 1209 NE 96 Street Mr. LuBien spoke of the decorative nature of the fence indicating it was similar to other fences in the area. It is a front yard fence thus it must be approved by the Board. Mr. F. Hegedus moved that the application be approved as submitted. Mr. I. Hegedus seconded the motion. Upon clarifying the construction of the actual picket and that no variance tas required for this item, the vote was called. It was unanimous in favor. • Planning & Zoning August 20, 1998 Page 2 ITEM #3A APPROVAL OF PLANS FOR FRONT YARD CBS FENCE Jim McCoy 325 NE 96 Street Mr. LuBien described the fence location in the front of the house. Mr. McCoy was present on his own behalf . Mr. Blum questioned the front entry elevation. Mr. McCoy replied that the elevation was such to give a finished look. Mr. F. Hegedus moved to approve the application as submitted with a second from Mr. I. Hegedus. The vote was unanimous in favor. ITEM #4 APPROVAL OF PLANS FOR WINDOW INSTALLATION Dr. Edward Joseph 9345 NE 6 Avenue Mr. LuBien indicated that there would be a change to the front exterior of the building. Mr. Art Salow, architect, was present on behalf of the applicant. He noted that the change would make the building, a rental property, more desirable. Mr. I. Hegedus moved that the application be approved as submitted. Mr. F. Hegedus seconded the motion and the vote was unanimous in favor. ITEM #5 APPROVAL OF PLANS FOR A RESIDENCE ON A CORNER LOT FACING THE SIDE STREET. SIZ Construction See Survey Mr. LuBien explained that the house should face the natural front of the lot which is 12th Avenue. Normally, the short side of the lot is considered the front of the lot. However, the applicant wants to face the house toward the side street. Should the application be approved, the side yard would be considered a front yard due to the unusual orientation of the home. Mr. Rosner from Siz Construction submitted photos of homes in the surrounding area which all face the Street and not the Avenue. Mr. F. Hegedus moved for approval of the plans as submitted. Mr. I. Hegedus seconded the motion and the vote was unanimous in favor. ITEM #6 APPROVAL OF PLANS FOR THE ATHLETIC FIELD LIGHTING Barry University 11300 NE 2'"' Avenue Mr. LuBien explained that this is a permitted use as the field is zoned S-1. Mr. Freddie Ulloa, Associate Vice President for Facilities Management, was present on behalf of the University as well as Mr. Tim Emhoff from Musco Lighting. Mr. Emhoff indicated that there were three primary concerns when determining the lighting for the fields. First was having appropriate lighting onto the fields; secondly, addressing off-site light spillage and lastly, off-site light glare. They stated that the proposed lighting is well within Dade County requirements. The product eliminates "sky glow" due to the total light control feature. Mr. F. Hegedus expressed concern regarding the fields operating schedule especially the impact to the residents living around the field perimeter. Mr. Powell concurred. Mr. Mike Covone, Director of Athletics, presented various uses for the fields as well as the times the lighting would be utilized. Utilizing the fields at night allows athletes to focus on classes during the day, while practicing at night. He indicated the lights would only be on if there was activity. Mr. Powell inquired as to the users of the fields. Mr. Covone replied only student athletics would use the fields. Planning & Zoning August 20, 1998 Page 3 Discussion regarding the times and number of days the fields would be utilized ensued. Mr. Ulloa, on behalf of the applicant Barry University, amended the application to a twenty (20) day limit of use per month with an eleven o'clock p.m. (11:00 p.m) lights out curfew. Mr. F. Hegedus moved that the application be accepted as submitted with the modification made by the applicant. Mr. I. Hegedus seconded the motion and the vote was unanimous in favor. . ITEM #7 APPROVAL OF PLANS FOR THE INSTALLATION OF A WIRELESS COMMUNICATION FACILITY IN AND ON THE CHURCH TOWER. Lotterman Development / Charlie Adams 602 NE 96 Street • Mr. LuBien explained that the church tower would house a wireless communication facility. Mr. Peter Sharp, Lotterman Development, was present on behalf of the applicant. He stated that there would be no aesthetic change to the steeple as the equipment would be contained within matching both the current color and texture of the structure. Mr. Pete Bellows, representative of the Presbyterian Church, presented the Church's position. Mr. Harry Pete of AT&T Wireless Services was also present to speak of the communication panels that would be installed. Upon reviewing the application, Mr. Sarafan indicated that the application was incomplete based on Section 22-42 of the Code. As such, Mr. I. Hegedus moved that the item be tabled to the next meeting to allow the application to be completed. Mr. Powell seconded the motion. The vote was as follows: YES: Mr. Powell, Mr. Blum, Mr. I. Hegedus. NO: Mr. F. Hegedus. BOARD COMMENTS Mr. F. Hegedus resigned from the Board at this time due to his relocation out of the Village. He was asked to notify the Village Clerk in writing. The August 20, 1998 meeting of the Planning & Zoning Board was adjourned at 9:30 p.m.. Elizabeth A. Kroboth, Recording Secretary n Robert Blum, Acting Chairman FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 \SI \AMI• 1IRS I \0.11 MIDI)!P\AMF /� ��sj Y 'I I��r. �AME�OFHOARD.CUl1NCII.C'UMMI%S1Uh.Al IHURIIY.()RCONMII7t• E .,� -�. ,A s/ W,'d,� " „-e°?,,--,2 4"✓'may%Ei ��®/ !I \II I\(' \I)I )I I �\ 7 ® L) .� 1 HE BOARD. •SCll.. C'OMMlS 9 .'. Al- I HORI I ' OR COMMIT CEE ON WHICH 1 SERVE 15 A l'SIT OF. COY ❑ COUNTY 0 UIHFR 1UCA1 AIDE\('Y (I I l J / 6',Pci CUl' \ IN NAME OF POI ITICAI. SUBDIVISION: �2i S%'— t)•AIFuAVAHICH\OIFl)ll'lRRFI) 16//- / �`',9 9 immik %� o✓", `,^rCijir °"�, f' MYONIS ❑ ELECTIVE X AP1)OI\TIS E WHO MUST FILE FORM 8B This form is for use by any person serving ac the county, city, or ocher local level of government on an appointed or elected board, council. commission, authority, or committee: It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures CO the special gain of a principal (other than a government agency) by whom he is retained. In either case. you should 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 WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the iiiecial gain of a principal (other than a government agency) by whom he is retained. person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should 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 copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. E I-UR%$,H.I.fl PA(,E I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. I. //a T/ � //ud2,1 DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or 19 Q '`' inured to the special gain of ",7�� �� C ,e7 e , by whom 1 am retained; (b) The measure before my agency and the nature of my interest in the measure is as follows: A✓ "7:76. ,s/ �`'c :�/ 0/ ,%9,,f. - //4.- AL- /3,am/ ` X+ "1"-A—,,j _-2 , C 's --Fc/ tf 4/F-T.e; /L/ AY L. M L/ /4' Date Filed Signature 7 f F NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. FORM MB. 1.91 PAGE :