05-18-2000 Regular Meeting•
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MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD
REGULAR MEETING MAY 18, 2000
The regular meeting of the Miami Shores Planning & Zoning Board was held on Thursday, May
18, 2000 at the Village Hall. The meeting was called to order by Chairman Powell at 7:37 PM
with the following present:
Norman Powell, Chairman
Max Wolfe Sturman
Timothy Crutchfield
Richard Fernandez
Absent: Jim McCoy
Also Present: Al Berg , Planning & Zoning Director
Richard Sarafan, Village Attorney
Frank LuBien, Building Director
Veronica A. Galli, Recording Secretary
Mr. Sarafan swore in all those participating in the meeting.
I ROLL CALL
II APPROVAL OF MINUTES — APRIL 20, 2000
• Mr. Crutchfield moved to approve the minutes of April 20, 2000. Mr. Sturman seconded the
motion and the vote was unanimous in favor.
III SCHEDULED ITEMS
PZ00-0420-01 Boris Moroz (owner) 9013-15 Biscayne Blvd
Shores Square Shopping Center Sec. 401 Sign approval
Mr. Pedro Rodriguez, president of Federal System, represented Mr. Moroz. Mr. Berg
recommended approval of the proposed application if the Board finds the proposed sign
harmonious with the area. Mr. Crutchfield moved to approve the application. Mr. Fernandez
seconded the motion and the vote was unanimous in favor.
PZ00-0420-02 Dale and Dewey LoSasso (owners)
1133 NE 91 Terrace
Sec. 523 Exterior paint color
Mr. LuBien stated that the submitted color was too bright, too deep and inappropriate for the
home. Mr. LoSasso stated that he has seen at least five different houses in Miami Shores that
have the same color. Mr. Fernandez mentioned that not all paint colors are appropriate for all
styles of homes. Mr. Crutchfield moved to approve the color as submitted. Mr. Sturman
seconded the motion for discussion. Mr. Fernandez noted that the Building Officials' decision to
deny the color was appropriate. The vote on the motion was; Mr. Crutchfield and Mr. Sturman in
favor, Mr. Fernandez and Mr. Powell opposed. The motion failed (2-2) and the decision of the
• Building Official was upheld.
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Planning & Zoning meeting
- 2 - May 18, 2000
PZ00-0420-03 Archdiocese of Miami (owner) 9900 NE 2 Avenue
Sec. 523 Exterior paint color
Mr. Robert Brown represented the Archdiocese. Mr. Berg stated that Mr. Brown was the proper
representative for the Archdiocese. Mr. Crutchfield moved to accept the application as submitted.
Mr. Sturman seconded the motion and the vote was unanimous in favor.
PZ00-0518-00 Patricia Montoya (owner)
Sec. 518 Variance of fence height to 6'
where 5' is allowed.
10658 NE 10 Court
Mr. Berg explained that the appeal concerned a fence, for which a permit was issued, which was
changed in height from what was approved (5'), to 6'. Staff recommended denial of the request.
Mr. Benjamin Montoya (co-owner) stated that the 6' fence would provide privacy for his family.
Mr. Sturman moved to deny the application, Mr. Crutchfield seconded the motion for discussion.
The Board stated their concerns as to whether the conditions for requesting a variance were met.
Upon further discussion, the vote on the motion was unanimous to deny the request.
PZ00-0518-01 Laura Armesto (owner) 1170 NE 102 Street
Sec. 604 Site plan approval
Mr. Berg explained the application and stated that staff could support the application if the size of
the driveway was reduced, the front pool area was fenced, and that the side setback was observed.
The Miami -Dade County code requires that a fence be placed around any pool that is 24" in
depth.
Mr. Jose Gonzalez, represented Ms. Armesto. The Board questioned Mr. Gonzalez on the depth
of the reflecting pool and he indicated the pool would be 24" deep. Also the Board questioned
the side set back measurement. Mr. Gonzalez stated that he would be respecting the side set back
measurement in accordance with the code and the reflecting pool would be brought to the 18"
depth. He also indicated that he would reduce the size of the driveway so that it would only be
20' wide without any turn area. Mr. Crutchfield moved to approve the application as amended.
Mr. Sturman seconded the motion and the vote was unanimous in favor.
PZ00-0518-02 Richard Verner (owner) 408 Grand Concourse
Sec. 523 Paint approval
Mr. LuBien stated that the proposed application is for five different colors for the one family
home. He also stated that the colors were too deep and too bright. Mr. Powell asked Mr. LuBien
if he liked the proposed colors and Mr. LuBien responded yes, but there are too many different
colors. The Board stated their concerns regarding the five different colors. Mr. Verner stated he
got the idea for the colors from a commercial building on the Hollywood Circle and felt that the
various colors would accent the Art Deco architecture of the home. The Board noted that the
Hollywood Circle is a commercial site and not a residential home in Miami Shores. Mr. Sturman
moved to approve the application as submitted. Mr. Crutchfield seconded the motion and the
vote was Mr. Fernandez NO; Mr. Powell, Mr. Crutchfield and Mr. Sturman YES. The motion
passed.
Recess called at 8:48 PM Reconvened 8:57 PM
• Planning & Zoning meeting - 3 - May 18, 2000
PZ00-0518-03 Ismail and Lucia Garcia (owners) 9426 NW 2 Place
Sec. 405 Parking requirements -driveway
Mr. Berg made a brief presentation before the Board explaining the application and noted that the
code, as related to parking, appeared to require Board approval anytime a driveway was
proposed. Ms. Terese, contractor and representative for Mr. & Mrs. Garcia presented the site plan
for the driveway. Mr. Fernandez stated that he would like to see elevation specifications and a
flower box or something between the driveway and the home. A 5' setback from the house was
also mentioned. Mr. Sturman agreed with Mr. Fernandez and Mr. Fernandez moved to table the
item. Mr. Sturman seconded the motion and the vote was unanimous in favor.
PZ00-0420-09 Robert Denton (owner) Lot 6, BL 54 Miami Shores #2
Sec. 604. Site plan approval
Mr. Berg recommended that the case not be reviewed due to the fact that the applicant was a
week late in submitting the application. Mr. Crutchfield moved to table the item. Mr. Sturman
seconded the motion and the vote was Mr. Fernandez NO, Mr. Sturman, Mr. Powell and Mr.
Crutchfield YES.
PZ00-0420-10 Robert Denton (owner) Lot 9, BL 54 Miami Shores #2
•
Sec. 604. Site plan approval
Mr. Berg recommended that the case not be reviewed due to the fact that the applicant was a
week late in submitting the application. Mr. Crutchfield moved to table the item. Mr. Sturman
seconded the motion and the vote was unanimous. The Board questioned Mr. Rico, the lawyer
for Mr. Denton as to whether or not the lot was proven to be buildable. Mr. Rico replied that a
septic tank was installed in the adjoining lot as well as a sprinkler system and a chain link fence.
Mr. Crutchfield questioned if a septic tank was considered a permanent improvement and noted
that the only evidence that was presented as to its location was hearsay as to an approximate
location. Upon further discussion, Mr. Fernandez moved as a Finding of Fact that the lot is a
buildable lot. Mr. Sturman seconded the motion and the vote was Mr. Powell, Mr. Fernandez and
Mr. Sturman YES. Mr. Crutchfield NO. The motion passed.
OLD BUSINESS
A. DISCUSSION REGARDING TRAFFIC CALMING MEMO/REPORT
The Board reviewed the proposed draft on traffic calming and suggestions were made to further
clarify the Board's opinion and submit the finished comments to the Village Council. Mr.
Crutchfield submitted a written statement of proposed changes. Mr. Berg agreed to make the
necessary changes to the memo to the Village Council and resubmit it to the Board for
consideration at the next meeting.
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Planning & Zoning meeting
- 4 - May 18, 2000
B. DISCUSSION REGARDING OUT -DOOR CAFE ORDINANCE DRAFTS.
Mr. Berg began the discussion by referring to the "Redline" Ordinance to allow open-air cafe in a
B -I District in Miami Shores. This version includes the staffs original proposal with Mr.
Crutchfield's proposed changes underlined and his changes to staffs proposal with strike-
throughs. The Ordinance was drafted from an assortment of Miami -Dade County cities. Mr.
Fernandez stated his concerns regarding the ingress and egress as well as a penalty phrase for
non-compliance to the ordinance once established. The Board also stated their concerns with
regard to clarifying signage, parking, permit fee, furniture placement with regard to pedestrian or
vehicular traffic, and landscaping were some of their concerns. Mr. Berg requested that the
Board review the proposal, make changes, and submit a recommendation to the Council so they
could act on it. Mr. Crutchfield agreed. Chairman Powell stated that Mr. Berg could advise the
Council that the Board is proceeding at the proper pace given the nature of the requested review
and requisite background research required to responsibly discharge their responsibilities. A final
draft of the proposed ordinance will be included with the Minutes upon agreement by the Board
on the final draft.
A motion for adjournment was made at 11:05 PM
Veronica A. Galli, Recording Secretary
Norman Powell, Cha