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11-19-1998 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD November 19, 1998 The regular meeting of the Planning & Zoning Board was held on Thursday, November 19, 1998 at 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, Chairman Jim McCoy, Jr. Norman Powell Max Wolf Sturman Also Present: Richard Sarafan, Village Attorney Frank LuBien, Director of Planning & Zoning Marta Fernandez, Recording Secretary ITEM #1 MINUTES OCTOBER 15, 1998 Mr. Blum noted that on ITEM #3, Ms Maura Gonzalez, was present on behalf of Nations Bank, ITEM #5 should be titled REQUEST OF VARIANCE TO ALLOW PATIO & LATTICE IN SIDE SETBACK. Mr. Blum also noted that ITEM #6 should be titled APPEALS TO BUILDING OFFICIAL'S DENIAL OF PAINT COLOR and that Mr. Sturman moved to deny the appeal based on Miami Shores Code Provision 523.1. Mr. Blum moved to approve that amended minutes. Mr. Sturman seconded and the vote was unanimous in favor. All witnesses expected to testify were sworn in at this time. ITEM # 2 REQUEST FOR APPROVAL OF PLANS FOR ALTERATIONS Miami Shores Chevron 9601 NE Second Avenue Mr. LuBien indicated that this an existing nonconforming use of building and all plans for alterations and use must be authorized by the Board asset forth in the Schedule of Regulations and Sections 526. . Mr. Mike Isaac, engineer with D. F. Consultants, was present of behalf of Miami Shores Chevron. Mr. Isaac indicated that the design submitted is a standard Chevron design, the canopy would remain the same but the back wall would be extended. The building would become a grocery store with the incidental sale of gas. Mr. Sarafan noted that according to Section 524 a building in which an existing nonconforming use is conducted may be altered but not enlarged, the Board must make building conforming in order for expansion. Mr. McCoy, Jr. indicated that he would like to see a more complete design rendering. Mr. Sturman noted that Chevron might consider designing a building that would be more harmonious to the neighborhood. Mr. McCoy, Jr. moved to postpone making a decision based on Section 604 of the Miami Shores Code which calls for a full site plan approval and that final approval and usage be expressly authorized by the board. He requested that color • Planning & Zoning November 19, 1998 Page 2 elevations from several directions, landscape renderings, views of property in regard to surrounding areas and a projection of incidentals be submitted for review. Mr. Sturman seconded the motion and the vote was unanimous in favor. ITEM # 3 REQUEST FOR APPROVAL FOR FLAT ROOF ADDITION D. M. Woolfolk 1230 NE 102 Street Mr. LuBien indicated that all flat roof additions must be approved by the Board according to Sec. 523.1 and that the proposed addition is within the required 15% limitation. Mr. Dan Robertson, architect for J. B. Construction, was present on behalf of owner. Mr. Robertson indicated that the flat roof would not be visible for the front and that the use of the flat roof was due to budgetary reason. M. Sturman moved to approve roof plans as submitted with a second by Mr. McCoy, Jr. The vote was unanimous in favor. 1'1'hM # 4 REQUEST FOR APPROVAL OF APPEAL TO BUILDING OFFICIAL'S DECISION Sergio Vasquez 80 NE 97 Street The building official has deemed that the requested paint color is inappropriate and the applicant is appealing the decision. Mr. Vasquez was present on his own behalf. Mr. Vasquez stated that the color is harmonious to the surrounding homes and that the chosen color would only enhance his property. Mr. Vasquez also stated that he had been told by a Planning & Zoning employee that he had to choose a color from the Benjamin Moore color board. Mr. Sarafan stated that Village employees are not told to recommend Benjamin Moore colors and that the color board is just for suggestions. Mr. Sarafan read Section 523 which states that all buildings should be harmonious in nature and color. Mr. Blum indicated that he felt the color was strong for this property. Mr. Powell moved to uphold the Planning & Zoning Director decision, there was no second. Mr. Sturman moved to grant approval of appeal, there was no second. Due to ITEM #8, COLOR STANDARDIZATION, Mr. Blum moved to continue this request to the last item on tonight's agenda. Mr. McCoy, Jr. seconded it and the vote was unanimous in favor. Planning & Zoning November 19, 1998 Page 3 ITEM #5 REQUEST FOR APPROVAL OF VARIANCE TO PERMIT FENCES 1N EXCESS OF HEIGHT LIMITATION Luis Biancalana 931 NE 93 Street Mr. Lubien indicated that due to the request for fences in excess if the height limitations the owner needs to apply for variance as required to Sec. 518. Ms. Maria Biancalana was present on her own behalf Ms. Biancalana stated that the fence height requests are for several reasons: the way her home is placed on the property in regards to what is considered her front and side yard and the small street that deadends on her side. She indicated the need for a 6 foot fence on the east side of her property is because her master bedroom and bath face this side of the house and a 5 foot fence would not provide enough privacy. The way her property is situated she could only build a 5 foot side fence for part of the property and then have the fence drop to 3.5 foot. Ms. Biancalana stated that this drop would give the property an inconsistent look. A 5 foot front yard fence would give the property a uniform look and enable her trained guard dog to guard the entire property instead of just the backyard. The 5 foot wrought iron fence would coordinate with the roof color. Mr. Blum noted that Ms. Biancalana did not meet the four requirements for a hardship variance. Mr. McCoy moved to approve a 5 foot sideyard fence but denied the request for a 5 foot wrought iron front yard fence. Mr. Powell seconded the motion. The vote was unanimous in favor. ITEM # 6 REQUEST FOR APPROVAL OF VARIANCE TO PERMIT CONSTRUCTION IN SIDE SETBACK Richard Sandoval 610 NE 105 Street Mr. LuBien indicated that existing building is'nonconforming, the side setback varies from 5.8 feet to 7.15 feet. The required setback is 10 feet. Mr. Richard Sandoval was present on his own behalf Mr. Sandoval indicated that since the property lines runs on an angle the fireplace would encroach on the setback. Mr. Sandoval noted that his property is inconsistent with the traditional style found in many colonial homes because it acks a fireplace. A fireplace with an external chimney would enhance the beauty of his home. Mr. Sandoval submitted letters of support from his neighbors concerning this request. Mr. McCoy, Jr. moved to grant approval of variance. Mr. Powell seconded it. The vote was Mr. McCoy, Jr., Mr. Powell and Mr. Sturman in favor. Mr. Blum opposed. Planning & Zoning November 19, 1998 Page 4 ITEM # 7 REQUEST FOR APPROVAL OF VARIANCE TO PERMIT DRIVEWAY AND PARKING SPACE LESS THAT 10 FEET FROM PROPERTY LINE Brian K. Sloan 290 NW 93 Street Mr. LuBien indicated that applicant has installed this driveway and parking space which are located approximately 2 feet from the side property line. The requirement is 10 feet. Mr. Sloan had been granted a permit to install a concrete slab without a site plan. This construction is in violation. Mr. Sloan was present on his own behalf. Mr. Sloan indicated that his need to park so close to the property is for personal security. His home is at the border of Miami Shores and unincorporated Dade County and he has been burglarized three times. The two areas are separated by a landscape barricade. The current location of the driveway is directly under the Quartz security lights which allow the vehicles and the walkway to the house to be under adequate lighting. The location of driveway allows parking for more than one vehicle without destroying the landscape. Mr. McCoy, Jr. moved to grant approval of variance request with a second from Mr. Powell. The vote was unanimous in favor. Mr. Powell excused himself from the meeting at this time (9:55). ITEM #8 COLOR STANDARDIZATION Ines Hegedus Ms. Hegedus presented the Board with a color guide book. Ms. Hegedus indicated that homes from varying construction styles can be found on any given Miami Shores street and a home should be harmonious to itself. Ms. Hegedus noted that other historic communities such as Coral Gables and Coconut Grove have homes painted in a wide range of colors and still preserve the integrity of the neighborhood. Ms. Hegedus suggested that the Village create a guideline for colors including items such as• aging process of paint, the paint base, percentage of trim and the urban prospect. Mr. LuBien indicated the color guide book would allow residents to choose colors that would be unsuitable for their style of house. According to Sec. 523 the Board can make recommendations to Planning & Zoning Department. Ms. Hegedus will return to a future meeting with more information. ITEM #4 REQUEST FOR APPROVAL OF APPEAL TO BUILDING OFFICIAL'S DECISION Sergio Vasquez 80 NE 97 Street Mr. Sturman moved to approve appeal to Building Oficial decision. Mr. McCoy, Jr. seconded. The vote was unanimous in favor. Planning & Zoning November 19, 1998 Page 5 ITEM #9 ADJOURNMENT The November 19, 1998 meeting of the Planning & Zoning Board was adjourned at 10:52 p.m. • • a Fernandez, Recording Secretary Robe Blum, Chairman