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10-10-1998 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD OCTOBER 10, 1998 The regular meeting of the Planning & Zoning Board was held on Thursday, October 15, 1998 at the chamber of the Village Hall commencing at 7:31 P.M. The meeting was called to order with the following members present: Present: Robert Blum, Chairman Ivor Hegedus, Vice Chairman Max Wolf Sturman Also Present: Richard Sarafan, Village Attorney Frank LuBien Marta Fernandez ITEM #1 MINUTES SEPTEMBER 17, 1998 Mr. Hegedus moved for the approval of the September 17, 1998 minutes as submitted. Mr. Sturman seconded the motion. The vote was unanimous in favor_ At this time, those witnesses who expected to testify were sworn in. Mr. Powell arrived at this time. Mr. Blum removed himself from voting on ITEM #2 due to the fact that he abstained from voting on this item at the September 17, meeting. Mr. Blum passed the gavel to Mr. Hegedus. ITEM #2 APPROVAL FOR ALTERATIONS TO 2 STORY APT/GARAGE Fred Newman & Sharon Grosshart 143 NE 94 Street Mr. LuBien indicated that the property is an existing nonconforming accessory building with a historic designation. The alterations would upgrade the property rather than prolong the life of the building. Mr. Newman was present on his own behalf and spoke of the proposed plans. Mr. Sturman moved that the application be approved with a second from Mr. Powell. The vote was as follows: YES - Mr. Powell, Mr. Sturman, Mr. Hegedus; Mr. Blum abstained from voting. Planning & Zoning October 15, 1998 Page 2 Mr. Hegedus passed the gavel back to Mr. Blum ITEM #3 APPROVAL OF PLANS FOR GARAGE ENCLOSURE J. A. Kelly 112 NE 110 Street Mr. LuBien indicated that all plans for garage enclosures must come before the Board. The plans submitted are for a garage conversion to a bedroom storage area. Ms. Kelly was present on her own behalf and spoke of the proposed plans to expand the property from a 3 bedroom/2 bath to a 3 bedroom/3 bath home. Mr. Hegedus moved that the application be approved with a second from Mr. Powell. The vote was unanimous in favor. ITEM # 4 APPROVAL OF TWO FREE STANDING SIGNS TO REPLACE EXISTING ONES Nations Bank 9190 Biscayne Boulevard Mr. LuBien indicated that the existing signs will be replaced with detached signs in similar locations. There will be a sign at the front of the bank and one at the rear. Ms. Maura Gonzalez, architect for Nations Bank, was present on behalf of Nations Bank. Ms. Gonzalez noted that the replacement signs are necessary due to the name changeover of the bank. Mr. Powell moved that the application be approved with a second from Mr. Hegedus. The vote was unanimous in favor. ITEM #5 REQUEST OF VARIANCE TO ALLOW PATIO & LATTICE IN SIDE SETBACK William L. Walsh 1140 NE 91 Terrace Mr. LuBien explained that property is a nonconforming building. The requested patio and lattice screen encroach into the required 10 feet setback by 2 feet. Mr. Walsh was present on his own behalf and requested that a hardship variance be granted to his property. Mr. Walsh stated at the time of construction a 7.5 feet setback was specified. He discussed that building the patio and lattice at any other location than the one requested would required major reconstruction to property. Mr. Blum noted no hardship had been presented by Mr. Walsh and that alternate locations that would adhere to the 10 feet setback should be researched. Mr. Sturman moved that application be denied with a second from Mr. Hegedus. The vote was unanimous. Planning & Zoning October 15, 1998 Page 3 ITEM #6 APPEALS TO BUILDING OFFICIAL'S DENIAL OF PAINT COLOR OF ROOF Rosetta Betty 9105 North Bayshore Drive Mr. LuBien explained that the roof color is inappropriate. The roof had been painted without a permit. This item was heard at the May 21 and June 18, 1998 meetings. Ms. Betty was present on her own behalf stating that the current roof color is peach whisper. She indicated that at the time her roof was painted the color was undeterminable. At the June 18 meeting, the Board explained to her the Code requirement for through color tile and Mr. LuBien stated that he believed that the original roof color was white, based on the style of tile. She presented to the Board with a tile sample to demonstrated that the tile was cement based not a through color tile. Therefore since the tile was originally grey cement painted white then her roof can be painted a color other than white. Ms. Betty's sister, Monica Betty was present and noted that the color complemented the other homes in the neighborhood. Mr. Blum expressed his concerned of matching the paint color should the roof need to be repaired in the future. Mr. Sturman moved to deny the appeal and uphold the decision of the Building Official based on Code 523.1. Mr. Hegedus seconded, the motion which passed unanimously. ITEM #7 APPROVAL OF PLANS FOR TERRACE IN SIDE YARD Leslie Northup & Dayle Peck 1298 NE 95 Street Mr. LuBien explained that the side yard of property is really the front yard to the homes on North Bayshore drive. As a side yard she would only need a 10 feet setback. Ms. Northup was present on her own behalf and explained the proposed plans to built a ground level natural flagstone terrace extending from the east and south sides of the home, wrapping around the corner. The terrace would be harmonious with the surrounding homes and upgrade her property value. Mr. Blum asked Ms. Northup if she would be willing to alter her application to reflect the 15 feet setback required for the adjoining property and she agreed. Mr. Powell moved to approve the application with the amended setback requirements. Mr. Hegedus seconded the motion and the vote was unanimous in favor. • Planning & Zoning October 15, 1998 Page 4 BOARD COMMENTS Elections for Chairman and Vice Chairman were conducted at this time. Mr. Hegedus nominated Mr. Blum for Chairman. Mr. Powell seconded the motion and the vote was unanimous in favor. Mr. Powell nominated Mr. Hegedus for Vice Chairman. Mr. Sturman seconded and the vote was unanimous in favor. The October 15, 1998 meeting of the Planning & Zoning Board was adjourned at 8:46 p.m.. • a E. Fernandez, Recording S ci etary Robert Blum, Acting Chairman FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 Vs \•IMI• I IKSI \ %MMI MIDDI F \AMF /J / C. . /f � 1? � C , NAME OF BOARD.COUNCII. COMMISSION. AL I KOKIIY.OK COM MI 111.E �/ ` 7 f f%G:yi/N/,J17 ;Jr/ilL/ .ti ; /0 if)6; I I\(o % O1�K1 SN 02 f .AJ 7 y � 1 HE KOARI). eDU\CII.„ECOMMISSl6N. Al 1 HORITY OK COMMIT LEE o♦ WHICH 1 SERVE ISA UNIT OF CITY O COUNTY 0 OLHER I OCAl AtiE•cy till 9, COI. \1'Y ,) , 'SAME OF POI ITICAI. SUBDIVISION: D. I F O. %'.HIGH Vol F O(11 KKEI �� /r 1 j' �. e MY TION IS 0 EI.EC"rIVE- APPOI\Tlt E WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other 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. Dour 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 LECTED 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 to 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 s cial gain of a principal (other than a government agency) by whom he is retained erson 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: Illtu should complete and file this form (before making any attempt to influence the decision) with the person responsible for ording 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. t E hOKtl .'8 . 1.41 PACE 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. DISCLOSURE OF LOCAL OFIFICER'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 inured to the special gain of 4/114/ / C Citi/®��iG.J J� �a_ C r ! (b) The measure before my agency and the nature of my interest in the measure is as follows: 4 9 , by whom I am retained. �Pfcr. L r G � � e 67./-/ .):-Ma,' /1 / f>.--0 E2/ /Az?, ‘7,7/4 r,„/ l dice 7th wv - 4 ;f KJ�=17:4 �__T�•:✓/ �'••"'f� .i/�- �� ��� !moi!! Date Filed S gnature 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 SS,000. FORM MB -191 P %CIE •