Loading...
02-21-2002 Regular Meeting• • MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING FEBRUARY 21, 2002 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, February 21, 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 -JANUARY 17, 2002 Mr. Fernandez made a motion to table the approval of the January 17, 2002 minutes until the March 21, 2002 meeting in order to review the amended corrections. 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: PZ02-0221-01 Glenda Isias(tenant) Real Property Care(owner) 210 NE 98 St. Sec. 504(f): Window signs Mr Berg explained the basis of the request, the site conditions, and recommended approval of the request for the window signs Mr. Berg stated that the sign proposal is for 7 sq. ft which is in compliance by the code. After further discussion from the Board, Mr. Fernandez made a motion to approve staffs recommendations. Mr. Crutchfield seconded the motion. Motion passed 4-1. (Mr. Abrimitis voting no). • Planning & Zoning meeting -2- February 21, 2002 PZ02-0221 Trans World(tenant) Real Property Care(owner) 214 NE 98 St. Sec. 504(f): Window signs Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request for the window signs. The Board was concerned about the signs being in compliance with the code. Mr. Berg stated that window signage is not addressed in the code, but that he had treated them as wall signs and that they were in compliance. After further discussion from the Board, Mr. Crutchfield made a motion to approve staff's recommendations. Mr. Sastre seconded the motion. Mr. Abramitis expressed his concerns over the window signs throughout the Village. He stated that the code only allows price signs on the windows but that the windows throughout the Village are clustered with other signs which are not distasteful, but are not mentioned to be allowed in the code. He stated that sign requests should be reviewed carefully before approving them and that the issue of sign approval should be added as an agenda item for discussion. Motion passed 4-1. (Mr. Abrimitis voting no). PZ02-0221-03 Charles and Susan Allen(owners) Sec. 523(b)(2)(a): Variance 1234 NE 96 St. to allow asphalt shingles where code requires cement tiles. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the variance request. Mr. Berg stated that the house was originally constructed in 1940 with asphalt shingles and the last two roofs were wood -hake. He explained that an engineering review of the structure was made and that it was determined that roof rafters will not support a cement tile roof. The applicants, Charles and Susan Allen, were there to present their case. The applicants stated that the sealed plans from the engineer were with the permit application. Mr. Crutchfield expressed his concerns about approving the variance. He stated that in the past, the Board had not been flexible when it came to structural conditions in regards to variances and felt that all applicants should be treated fairly. Mr. Berg submitted sealed set of plans to the Board as evidence of the special conditions on the structure. After further discussion, Mr. Fernandez made a motion to approve the variance. Mr. Sastre seconded the motion. Motion passed 5-0. PZ02-0221-04 Burger King(tenant) Boris Moroz(owner) 9099 Biscayne Blvd. Sec 404(f): Wall and detached signs. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request for the new wall signs. Mr. Berg stated that a detached sign should be a monument sign similar to Publix', in order to keep with the Village's efforts to improve the appearance of the commercial corridor. The Board expressed their concerns in regards to the painting of the roof and building without a permit. The contractor for Burger King was there to present the case. He • • Planning & Zoning meeting -3- February 21, 2002 agreed to remove the pole sign and add a monument sign if Burger King agreed with staffs request. He also stated that the color of the roof would be changed with an approved permit. After further discussion from the Board, Mr. Fernandez made a motion to approve the two changed wall signs, the detached sign on the roof; the drive-thru sign, and removing the pole sign and replacing it with a landscaped monument sign. Mr. Crutchfield seconded the motion. Motion passed 5-0. PZ02-0221-05 Robert and Kristine Mosheim Sec. 604: Site plan approval- 1285 pproval1285 NE 94 St. garage enclosure/renovation Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the proposed project provided that: 1. All second floor renovations are masonry 2. The wooden trellis not be permitted. 3. A Declaration of Use is recorded concerning the use of the two first floor rooms and that the use of the property remain as single family. 4. Exterior door would be closed. Mr. Berg stated that wooden structures are not allowed on the second floor. He stated that the code does allow wooden structures on the first floor in the rear of the property, but that second floor construction should be masonry. Mr. Berg also stated that the roof must be raised since the floor's height will be raised. The architect, John Orgren, and the owners, Robert and Kristine Mosheim, were there to present the case. Mr. Orgren agreed to comply with the ceiling heights, close the exterior door, and file a Declaration of Use. The Board discussed their concerns in regards to second floor construction and what the code allows. Mr. Crutchfield stated that the code does not mention anything about not allowing trellises on the second. He stated that he did not see any prohibition in allowing wooden structures on the second floor and stated that the trellis would be a nice addition to the property. Mr. Sarafan, the Village Attorney, stated the two possible interpretations of the code and what is allowed. Mr. Berg explained that the code is very clear about allowing trellises in the rear of the property and what materials are allowed to be used. The code, however, does not mention wooden structures on the second floor and therefore, it is understood that they are not allowed. The architect, Mr. Orgren agreed to cancel the installation of the trellis. The Board discussed the two possible interpretations of the code and Mr. Fernandez made a motion to approve the site plan, subject to the removal of the exterior door, omitting the approval of the trellis, and including staff's recommendations with the amended changes of removing the pergola. Mr. Sastre seconded the motion. Motion passed 4-1. (Mr. Crutchfield voting no). PZ02-0221-06 Mary Mucenic(owner) Sec 701: Appeal of Admin. 1036 NE 96 St. Official -roof tile • • Planning & Zoning meeting -4- February 21, 2002 Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the appeal based on previous roof tiles where a dark tile was mixed with a light one. The roof contractor, Paul Kawalek, was there to present the case. He stated that he was not clear in regards to the permit. The Board discussed the various ways that the Village can protect itself from contractors installing checkered colored roofs. Mr. Berg stated that the Building Dept. was informing the residents on how the roof tile should be placed and how much percentage of each color would be allowed. The Board discussed the conditions in which roof tile cases would be brought before the Board. After further discussion, Mr. Fernandez made a motion to overrule the Building Official's decision. Mr. Crutchfield seconded the motion. Motion passed 5-0. PZ02-0221-07 Scott Durban 1040 NE 96 St. Sec 701: Appeal of Admin. Official -roof tile Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the appeal based on previous roof tiles where a dark tile was mixed with a light one. Based on the previous case, Mr. Fernandez made a motion to overrule the Building Official's decision. Mr. Sastre seconded the motion. Motion passed 5-0. PZ02-0221-08 Carolyn Shook Sec 523: Paint appeal 10190 NE 12 Ave. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the paint color appeal. Mr. Berg stated that a permit must be submitted before approving the second color that Ms. Shook requested. She submitted several different colors and wanted the Board to choose one. The attorney Joseph Shook, was there to represent the owner and present the case. The owner, Carolyn Shook, was also present. Mr. Shook submitted pictures to the Board showing several houses with similar colors. Ms. Shook pointed to the color that she wanted from the swatches submitted to the Board in their packages. After discussion from the Board and after viewing the several color samples that Mrs. Shook submitted, Mr. Fernandez made a motion to table the case until the next meeting. Mr. Sastre seconded the motion. Motion passed 5-0. PZ02-0221-09 Showplace Commercial Properties Sec. 604: Site -plan approval/ 9999 NE 2nd Ave Change of Use Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the site plan based on the zoning, incompatible land uses, the intrusion of a regional land use, and the inability to provide sufficient parking. A more compatible neighborhood use is recommended for this building The Board discussed the section of the code that explained the changes of use. Mr. Berg stated that when the existing State office was scheduled to occupy this space, a permit was obtained to lease the space but the application contained no information that it was to be an adoption service, which is prohibited under permitted uses in B-1. Attorney, Jerry Proctor and property owner and manager of EF Hutton Corp, Ray Abassi, were there to present the case. Mr. Proctor explained the hours of operation of the facility and the amount of offices that would Planning & Zoning meeting -5- February 21, 2002 occupy the leasing space. Mr. Proctor argued that an adoption agency was allowed before and therefore, a similar use should be allowed now. He stated that most visitors would use public transportation and therefore, the parking would not be a problem. The Board discussed their concerns in regards to the parking and the permitted uses in the B-1 District. Mr. Stobs opened the public hearing for discussion. Ruth Space, 229 NE 100 St.: Ms. Space felt that there would not be enough parking for all the vehicles coming and therefore the visitors would end up using her swale as a parking lot. Carmen Elwin, 245 NE 99 St: Ms. Elwin was also concerned about the parking and how the garbage issue would be managed in that area. Mr. Johnson, 269 NE 99 St.: Mr. Johnson was concerned about the parking and how the new use, the crowds, and the noise would affect the property value of his house and around the neighborhood. Mr. Stobs closed the public hearing. The Board stated that the applicant did not have sufficient information to alleviate all of the Board's and the resident's concerns. The argument heard from the applicant was that it was permitted before, and therefore, should be permitted now. After further discussion, Mr. Fernandez made a motion to deny the site plan based on insufficient information, lack of parking, and staffs recommendations. Mr. Crutchfield seconded the motion. • Motion passed 5-0. • PZ02-0221-10 John Fazio(owner) Sec 604: Site plan approval 45 NW 96 St. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the garage enclosure provided that: 1. The minimum floor elevation standards for F.E.M.A. are met. 2. A Declaration of Use is completed. 3. The awning and wood frame structure are removed. The architect, Mark Campbell, with a power of attorney, was there to represent the owner and present the case. Mr. Campbell agreed to comply with staffs request. After further discussion, Mr. Fernandez made a motion to approve staffs recommendations. Mr. Sastre seconded the motion. Motion passed 5-0. PZ02-0221-11 Cory and Maria LaBarge Sec. 604: Site plan approval 547 NE 105 St. garage enclosure. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the garage enclosure provided that the minimum floor elevation standards for F.E.M.A. are met. Based on staff's recommendations, Mr. Fernandez made a motion to approve the site plan for Planning & Zoning meeting -6- February 21, 2002 Sgarage enclosure. Mr. Sastre seconded the motion. Motion passed 5-0. NEW BUSINESS: Code changes. Mr. Berg stated that there are changes in the code in regards to accessory buildings and structures. The Board should review the changes, the issue of child's playhouses, and provide any additional changes in regards to the sheds. ADJOURNMENT: Motion for adjournment was made at 10:00 P.M. Next meeting will be on March 21, 2002. Irene'' ajardo, R • • Bob Stobs II, Chairman