12-14-2000 Regular Meeting•
MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD
REGULAR MEETING DEC. 14, 2000
The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, Dec.
14, 2000 at the Village Hall. The meeting was called to order by Chairman Bob Stobs at 7:00
P.M. with the following present:
ITEM I: ROLL CALL:
Bob Stobs II, Chairman
Tim Crutchfield
Prospero Herrera
Cesar Sastre
ALSO PRESENT: Al Berg, Planning & Zoning Director
Richard Sarafan, Village Attorney
Irene M. Fajardo, Recording Secretary
ABSENT: Richard Fernandez, Vice Chairman
Mr Sarafan swore in all those participating in the meeting.
• ITEM II: APPROVAL OF MINUTES- November 16, 2000
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Mr. Crutchfield moved to approve the Minutes of November 16, 2000. Mr. Sastre seconded the
motion. Motion passed 4-0.
ITEM III:
PZ00-116-02 Jose Barroso(owner) Sec. 534:Site plan approval
1625 NE 104 St. Required on water, Sec.
523.1: Request variance to
allow a wood gazebo where
masonry is required.
The case was deferred from the meeting on Nov. 16, 2000. Mr. Berg explained the basis of the
request, the site conditions, and recommended denial of the applicant's request. Staff
acknowledged that the structure was attractive and well constructed, but could not support the
application because there was nothing unique or unusual about the site that would qualify this
structure as warranting a variance. The Board stated that they were concerned about allowing a
gazebo that was not masonry as the code required. They also expressed concerns about the
structure being safe during a hurricane and how long the structure would last. Mr. Bartow, the
owner of the property, and his attorney, Mr. Jay were present. They assured the Board members
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Planning & Zoning meeting
-2- December 14, 2000
that the structure is perfectly safe and that it is a stable and permanent structure. The plans for
the structure were submitted to the Board. It was determined that the roof was made of wood
shingles which also was not allowed under the code. They indicated that other gazebos have been
installed in Miami Shores. The Board reviewed the plans and decided to make separate motions
for the site plan approval and for the variance. Mr. Crutchfield moved to approve the site plan
with the conditions that the columns be changed to steel columns and that the would be placed on
the roof to be harmonious with the rest of the house. Mr. Sastre seconded the motion. Motion
passed 4-0. In regards to the variance, Mr. Herrera motioned to deny the variance. Mr. Sastre
seconded the motion. Motion passed
4-0.
PZ00-1214-01
Maritza Correa
Laura Armesto
1170 NE 102 St.
Sec. 534: Site plan approval -
garage enclosure
Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the
request since the proposed garage enclosure would match the newly constructed addition on the
opposite side of the front of the house. Plans were submitted to the Board. The Board
complimented the applicants' improvements to the house. Mr. Sastre moved to approve the site
plan. Mr. Herrera seconded the motion. Motion passed 4-0.
PZ00-1214-02
Robert and Mary Kilian
465 NE 96 St.
Sec.: 523.1(e): Requesting
Variance for flat roof of 17%
where 15% is the maximum
allowed
Mr. Berg explained the basis of the request, the site conditions, and recommended denial for the
request based on the requirements of Section 702 for a hardship variance. Plans were submitted
to the board. After further review, it was determined that the square footage allowed (15%) may
be enough to allow construction without a variance. The Board decided to take no action since
no variance was required for the applicant. Therefore, the application for a variance was
withdrawn.
OLD BUSINESS:
PUBLIC HEARING: Ordinance Amendment- Section 610, Conditional Use Permit to
Restaurants for Consumption of Beer and Wine on Premises- Resolution of Intention to Propose
an Amendment to the Council:
Mr. Berg submitted a memorandum to the Board recommending the approval of the draft
ordinance amendment to the Zoning code dated November 20, 2000, regarding Section 610 -
Granting of Special Conditional Use Permit to restaurants for consumption of beer and wine on
41) premises. The draft would establish controlling standards for the Village through the public
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Planning & Zoning meeting
-3- December 14, 2000
hearing process. The Board's concerns were about the distance requirements, the quarterly
reports, and the annual renewal of the permit. The Board stated that the public hearing was now
opened. There was no appearance from the public. Therefore, no public comments were made.
The public hearing was closed. After further discussion, the Board decided that Staff needed to
draft a report to Council which would include the distance requirements, the annual renewal of
the permit, and the quarterly reports for tax purposes which would show the percentage of food
and alcohol being sold.
The following is the amended draft:
SECTION 610 -GRANTING OF SPECIAL
CONDITIONAL USE PERMIT TO RESTAURANTS
FOR CONSUMPTION OF BEER AND WINE ON PREMISES
Notwithstanding anything to the contrary, contained in the Miami Shores Land
Development and Zoning Code, and in the Schedule and Zoning map which form a part thereof;
the Village Council may from time to time grant special approval hereunder for conditional use
permits to restaurants, as defined hereinafter, within any B-1 or 13-2 zoning district to permit such
restaurant to serve beer and wine for consumption on premises in accordance with all State and
County regulations pertaining thereto. Each such permit shall expire one year after the date of
issuance thereof however, permit holders, in advance of their permit's expiration, may apply to
the Village Council for a renewal thereof In approving the issuance or renewal of any such
permit, the Village Council, in its discretion, may impose any reasonable conditions or additional
provisions which, in its discretion, it may deem necessary to serve the purposes of the Miami
Shores Land Development and Zoning Code as set forth in section 100 thereof. Said permits and
renewals thereof shall be non -assignable, hall create no vested rights and are subject to being
revoked by the Council upon such terms and conditions as may be specially provided for therein.
For purposes of this section, the term `restaurant" shall be defined as establishments serving
cooked, full course meals, including lunch and dinner daily prepared on the premises, to the
• general public, for profit, which derive at least 50% of their revenue from the sale of food
Planning & Zoning meeting
• prepared on the premises.
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-4- December 14, 2000
Discussion regarding swale and driveway paving and access:
After reviewing the site plans submitted by Mr. Berg, the Board approved conditions that would
be acceptable for paving a limited percentage on parkways/swale. A variance would be required
for those residents wanting all parking to be on the swale. The other parking diagrams were
approved.
Distribution of Parking Ordinance updates -Public Hearing for 01/18/01
Next meeting will be on January 18, 2001.
ADJOURNMENT:
Motion for adjournment was made at 8:45 PM