12-17-1998 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
December 17, 1998
The regular meeting of the Planning & Zoning Board was held on Thursday, December 17, 1998 at
the chamber of the Village Hall commencing at 7.35 P.M. The meeting was called to order with the
following members present:
Present: Robert Blum, Chairman
Ivor Hegedus, Vice -Chairman
Tim 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, NOVEMBER 19, 1999 MEETING
Mr. Powell indicated that his first name is Norman nor Arthur. Mr. Sturman moved to approved
the amended minutes, Mr. McCoy, Jr. seconded the motion and the vote was unanimous in favor.
All witnesses expected to testify were sworn in at this time.
ITEM #2 PUBLIC HEARING/BOARD APPROVAL OF THE " MIAMI SHORES
VILLAGE 2010 COMPREHENSIVE PLAN"
Mr. Robert K. Swarthout, is the City Planning Consultant for Miami Shores Village. Mr. Swarthout
presented the Board with the "Miami Shores Village 2010 Comprehensive Plan". This plan is the
second amendment to the original plan which was approved by DCA. The comprehensive plans
covers goals, objectives and policies in regards to the Village. The comprehensive plans contains
issues the must be addressed by Florida Stature, 9J5. of the Florida Administrative Code Base. The
plan includes maps for future land use elements, these foundations will be used for zoning maps. The
comprehensive plan is very extensive and Mr. Blum suggested taking the other items on the agenda
first. Mr. Blum asked the audience if anyone interested in discussing the comprehensive plan to
please come forth, there was no response.
Mr. McCoy, Jr. moved to put ITEM #2 as the last item on agenda. Mr. Sturman seconded and the
vote was unanimous in favor.
ITEM #3 REQUEST FOR APPROVAL OF PLAN FOR ALTERATIONS
Miami Shores Chevron 9601 NE Second Avenue
Mr. Bill Duffy, with D. F. Consultants, inc was present on behalf of Miami Shores Chevron. Mr.
Planning & Zoning
December 17, 1998 Page 2
Duffy submitted a revised site plan with color elevations plans with landscape rendering. Mr. Duffy
indicated how the approach of the south had been closed off and the green area was increased. Mr.
McCoy, Jr. indicated that he would like to see more flexibility in the plan. He would like to see
Chevron adopt a plan that would be geared towards the community. Mr. Blum indicated that Village
Codes requires a tile roof. Mr. Duffy noted that the existing roof would be replaced but he needs to
return to Chevron with more specific design alterations. Mr. Blum noted that the Board would try
to give Chevron clearer expectations in regards to the roof, colors and landscaping. It is the
consensus of the Board that it is not prepared to move forward but would look favorably on changes
to color, lands and roofs. Mr. McCoy, Jr. made a motion to put this item in next months agenda,
Mr. Sturman seconded and the vote was unanimous.
Mr. Blum removed himself from voting on this item due to a conflict of interest. He is the contractor
working on this property. Mr. Blum passed the gavel to Mr. Hegedus.
Item #4 APPROVAL OF PLANS FOR FLAT ROOF ADDITION
Gail George 638 NE 97 Street
Mr. LuBien indicated that the proposed plans are within the required 15% limitation.
Mr. John Orgren, is the architect present on behalf of Gail George. Mr. Sturman moved to approval
the plans for the flat roof addition. Mr. Powell seconded the motion and the vote was unanimous in
favor.
Mr. Hegedus passed the gavel back to Mr. Blum.
ITEM #5 APPROVAL OF PLANS FOR FLAT ROOF ADDITION
Carter T. Saxon 9941 NE 4 Avenue Road
Mr. LuBien indicated that the flat roof plans have an 281 sq. ft overage and the rear setback
encroaches 7'.
Mr. Paul Pergakis, architect, was present on behalf of Mr. Carter Saxon. Mr. Pergakis indicated that
the plans submitted would add to the existing residence while keeping the house's colonial look. Mr.
Blum noted that for the plans to be approved it would require a variance. Mr. Blum noted that
according to Sec. 532.1 (d) the Board could approve an open air passageway with a side between
the main building. Mr. McCoy, Jr. noted that if the gate area were moved to the north then the rear
setback would not be an issue. Mr. Pergakis would alter application and relocate the gate to meet
code requirements. Mr. McCoy, Jr. moved to consider structure in rear a passageway and to accept
the amendment to application in regards to the gate area. Mr. Powell seconded the motion and the
vote was unanimous in favor.
Planning & Zoning
December 17, 1998 Page 3
The Planning & Zoning meeting adjourned for break at 9:15 p.m.
The meeting readjoumed at 9:30 p.m.
Mr. Swarthout briefly summarized the top 30 policies. Mr. McCoy, Jr. noted in the Transportation
Element the concern over parking on NE Second Avenue and flet that this element should allow the
Village the freedom to develop new ideas. Mr. Sturman noted the concept of calming devices might
be included in this section. Mr. Blum noted that in Section 11.2 of the Post -Disaster Redevelopment
Plan the setback should be toned down to the existing 15' setback. Mr. Hegedus moved to adopt the
"Miami Shores Village 2010 Comprehensive Plan" with the recommended changes; in the
Transportation Section 1.6, policy regarding road improvements and additions be included; in the
Coastal Management Section 11.2 the setback requirement be toned down the existing 15'
requirement; and the deletion of footnotes. Mr. Sturman seconded the motion and the vote was
unanimous in favor.
ITEM #6 ADJOURNMENT
The December 17, 1998 meeting of the Planning & Zoning Board was adjourned at 11:00 p.m.
Robert Blum, Chairman
Marta Fernandez, Recording Secretary
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR 1
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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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 toting 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 tiling 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 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
rhe 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
special gain, of a principal (other than a government agency) by whom he is retained.
filrson holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but roust
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.
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 she meeting. who Thould incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. `P I&# X/4'^^ , hereby disclose that on 4'C'. / 2
(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
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, by whom I am retained.
(b) The measure before -my agency and the nature of my interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317 (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 $3.000.
FORM 1.16 .141
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