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01-17-2002 Regular Meeting (2)• • MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING JANUARY 17, 2002 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, January 17, 2002, at the Village Hall. The meeting was called to order by Bob Stobs II, Chairman at 7:00 P.M. with the following persons present: ITEM I: ROLL CALL: Bob Stobs II, Chairman Richard Fernandez, Vice Chairman Cesar Sastre W. Robert Abramitis Tim Crutchfield ALSO PRESENT: Al Berg, Planning & Zoning Director Richard Sarafan, Village Attorney Irene M. Fajardo, Recording Secretary Mr. Sarafan swore in all those participating in the meeting. ITEM II: APPROVAL OF MINUTES -NOVEMBER 15, 2001 Mr. Fernandez made a motion to approve the minutes of the November 15, 2001 meeting. Mr. Sastre seconded the motion. Motion passed 5-0. Each of the Board members stated that they had visited all of the sites. ITEM III: PZ02-0117-01 Walter Michot(owner) Sec. 523: Paint color appeal 61NE96St. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the application for paint color approval. A letter from Mr. Berg to Mr. Michot was read into the record as evidence that Mr. Michot was informed of the expired permit. The applicant, Mr. Michot, was there to present his case. He stated that the Historical Board approved his paint application and that he now needed to obtain approval from the Planning and Zoning Board.. He stated that the color on the swatch presented to the Board, was the same type of color used in the 1920's for Mediterranean homes, and the same color shown in the present pictures of the property. The Board discussed the difference between the color shown and the pictures presented, and the fact that the color swatch did not match the paint. Mr. Fernandez made a motion to deny the application for paint color approval. Mr. Sastre seconded the motion. Motion passed 4-1. (Mr. Crutchfield voted no.) • Planning & Zoning meeting -2- January 17, 2002 PZ02-0117-02 Theodore Konover(owner) Sec. 504(f): Awning and Monfred Joseph(tenant) window signs. 9816 NE 2nd Ave. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application. Pictures were submitted to the Board showing the awning and the window signs. After further discussion from the Board, Mr. Fernandez made a motion to approve staffs recommendations. Mr. Abramitis seconded the motion. Motion passed 5-0. PZ02-0117-03 Alix Faustin 201 NW 103 St. Sec. 521(b)(2)(a): Variance to allow 3 '/2 `setback where code requires 10' The applicant stated that he amended the application for a variance to 4'. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the application since there is nothing unusual or peculiar about the site that would permit consideration for a variance. The applicant, Mr. Faustin, was there to present his case. He stated that the self open gate needs space to open and close and that is why a 4' set back is required. Mr. Berg stated that the applicant installed the gate and the driveway without first obtaining a permit. Mr. Berg also • stated that a current code enforcement fine currently exists on the property for these violations. After further discussion from the Board, Mr. Fernandez made a motion to deny the variance request. Mr. Crutchfield seconded the motion. Motion passed 5-0. • PZ02-0117-04 Boris Moroz(Owner) Burger King(tenant) 9099 Biscayne Blvd. Sec. 504(f): Wall and detached signs The applicant was not present. Mr. Fernandez made a motion to table the case until the next meeting. Mr. Crutchfield seconded the motion. Motion passed 5-0. PZ02-0117-05 Elizabeth Cimadevilla(owner) Sec. 604: Site plan xxx NE 103 St. approval Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application subject to compliance with the landscape standards, limiting the height of the house to 30', and adding stucco banding and keystone sills to the elevations. The applicant, Ms. Cimadevilla, was there to present her case. Ms. Cimadevilla stated that she will add the stucco banding, comply with the landscape standards, and she will limit the height of the house by working with the architect. The Board discussed the Opinion of Tittle on the property and that • • Planning & Zoning meeting -3- January 17, 2002 issues regarding easements or reservations had not been submitted to the Board for review. After further discussion from the Board, Mr. Sastre made a motion to approve the site plan, subject to compliance of easements or encroachments, and subject to staffs recommendations with modifications made by Mr. Berg in the memo presented to the Board. Mr. Crutchfield seconded the motion. Motion passed 4-1. (Mr. Fernandez voted no.) PZ02-0117-06 Sean and Rosalie(owner) Sec. 701: Appeal of Admin. 1053 NE 95 St. Official -roof tile. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the application based on previous roof tiles, which were dark tile mixed with a light one. The applicants, Sean and Rosalie Shea, and the roofer, James Obenour, were there to present the case. Mr. Obenour explained how the tiles would be placed. The colors would not be placed with a checkered pattern, but spread randomly throughout the roof. The terracota would be the dominant color. Armando Rafael, the applicant's neighbor, stated that he liked the idea of the random pattern roof using the colors presented to the Board. The Board discussed the random placement of the tiles on the roof. After further discussion, Mr. Crutchfield made a motion to overrule the decision of the building official. Mr. Sastre seconded the motion. Motion passed 5- 0. PZ02-0117-07 Ines Hegedus/Enrique Garcia(Owner) Sec. 701: Appeal of Admin. 1201 NE 98 St. Official -non -masonry structure; flat roof visible from street Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the application based on the fact that two-story structures with roofs should be governed under masonry requirements of the code and should be considered as an accessory building. The applicants, Ines Hegedus and Enrique Garcia, were there to present their case. The applicants stated that the bottom of the structure would not be enclosed. The applicants also stated that they did not want a permanent structure ,but that concrete pillars were placed for safety. The applicants submitted a brochure to the Board showing other playhouses witch looked similar to the structure that they were trying to create. The Board discussed the definition of an accessory building and discussed the various ideas of what playhouses should look like. They discussed the flat roof on the structure and the fact that the structure is big enough to be defined as an accessory building and therefore should fall under the masonry requirements stated in the code. After further discussion, Mr. Abramitis made a motion to approve staffs recommendations. Mr. Sastre seconded the motion. Motion passed 5-0. r • Planning & Zoning meeting -4- January 17, 2002 PZ02-0117-08 Alberto and Josephine Soto(owner) Sec. 523: Paint appeal. 609 NE 105 St. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the application for paint color approval. The applicant, Alberto Soto was there to present the case. Mr. Soto stated that the color selected is in keeping with the Art Deco look of the property and that it is not too bright. After further discussion from the Board, Mr. Crutchfield made a motion to reverse the building's official decision and approve the color. Mr. Fernandez seconded the motion. Motion passed 4-1. (Mr. Sastre voted no.) PZ02-01127-09 E.A. Antonacci(owner) Sec. 400/401: Schedule of 1075 NE 99 St. Regulation -Pool location. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the site plan. Staff also recommended an aluminum picket of 4' running across the front and sides of the property. The Board discussed the parking on the property. Staff confirmed that the parking would not be affected by the location of the pool. After further discussion from the Board, Mr. Sastre made a motion to approve staffs recommendations. Mr. Crutchfield seconded the motion. Motion passed 5-0. NEW BUSINESS: Discussion of paint colors. Mr. Berg presented pictures to the Board showing before and after pictures of properties that changed the color of the walls or the trim to more suitable colors. The Board discussed the issue of a color wheel. The Board also discussed how other municipalities were handling color approval for properties. Staff assured the Board that something pre -determined might lock the Board into making a decision that is not appropriate because the color chosen might not be harmonious for a particular property. After further discussion from the Board, a poll was taken. Three Board members were in favor of not having a color wheel and two were in favor. Mr. Crutchfield and Mr. Stobs voted in favor of the color wheel. The existing system of color approval was favored to stay the same. ADJOURNMENT: Motion for adjournment was made at 10:15 P.M. Next meeting will be on February 21, 2002. • Irene M. Fajardo, Recording Secretary Bob Stobs II, Chairman