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03-21-2002 Regular Meeting• • MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING MARCH 21, 2002 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, March 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 W. Robert Abramitis Tim Crutchfield ALSO PRESENT: Al Berg, Planning & Zoning Director Richard Sarafan, Village Attorney Irene M. Fajardo, Recording Secretary ABSENT: Cesar Sastre Mr. Sarafan swore in all those participating in the meeting. ITEM II: APPROVAL OF MINUTES -JANUARY 17, 2002/FEBRUARY 17, 2002 Mr. Fernandez made a motion to table the approval of the January 17, 2002 and the February 17, 2002 minutes until the April 18, 2002 meeting in order to review the amended corrections and for all the members to be present. Mr. Abramitis seconded the motion. Motion passed 4-0. Each of the Board members stated that they had visited all of the sites. ITEM III: PZ02-0321-01 The Sandwich Mill(tenant) Boris Moroz(owner) 9007 Biscayne Blvd. Sec. 541: Outdoor cafe Mr Berg explained the basis of the request, the site conditions, and recommended approval of the application. The applicant John Rossetti was there to present his case. After further discussion from the Board, Mr. Fernandez made a motion to approve staff's recommendations. Mr. Crutchfield seconded the motion. Motion passed 4-0 • • Planning & Zoning meeting PZ02-0321-02 -2- March 21, 2002 Philippine Food Mart(tenant) South Florida Fidelty(owner) 8825 Biscayne Blvd. Sec. 504(f): Wall signs Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request for the wall signs. The Board stated their concerns about proper ownership and the signature on the application. The applicant Irvin Matutina was there to present his case. He explained the nature of the business and the sign requirement. Auer discussion from the Board, Mr. Fernandez made a motion to approve staffs recommendation condition to having the owner's signature on the application. Mr. Crutchfield seconded the motion. Motion passed 4-0. PZ02-0321-03 Jean -Baptist Charlot(tenant) George Bennet(owner) 209 NE 95 St. Sec. 504(f): Wall signs Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request for the wall signs. The Board expressed their concerns about the length, the height, and the location of the signs. The Board also expressed their concerns about having enough space for all the signs on the building and suggested for the applicant's letters to be made smaller in order for the signs to look more harmonious. The applicant Jean Baptist Charlot was there to present his case. He stated that the purpose of the sign was to guide clients to the location of the business. After discussion from the Board, Mr. Crutchfield made a motion to approve staffs recommendations. Mr. Fernandez seconded the motion. Motion passed 4-0. PZ02-0321-04 Publix Supermarkets Sec:504(f) Site plan approval 9050 Biscayne Blvd. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the proposals. The applicant was represented by Andrew James of Spiting Candella, Architects. The issue of outside storage was one already resolved when the first site plan was approved. The Board stated that approval of an exterior wall would be granted as long as it would not affect the original approval of the site plan. They expressed their concerns about A.D.A. requirements. They stated that the location of the shopping carts in front of Publix is leaving little room for wheelchair access. They also expressed their concerns about the location of the ATM and the security of the residents who would use it. Mr. James stated that additional lighting would be placed for the ATM and also a special camera. Mr. James stated that the ATM would be very close to the entrance which would make an excellent location in regards to security. After discussion from the Board, Mr. Fernandez made a motion to approve staff's recommendations subject to the approval of the Police Department. Mr. Crutchfield seconded the motion. Motion passed 4-0. 41) Planning & Zoning meeting -3- March 21, 2002 PZ02-0321-05 Dennis Mee(owner) Sec. 604: Site plan approval 160 NW 92 St. Mr. Berg explained the basis of the request, the site conditions, and recommended that the plan be rejected and re -studied, particularly in relation to the new tree, landscape plan, tree removal, and drainage The applicant, Dennis Mee was there to present the case. The Board was concerned that the tree was not dimensioned on the survey and therefore the exact location of the house could not be presented but only the measurements of Mr. Berg made by scale. Staff stated that the house was larger than anticipated but that something could be worked out in order for the location of the house not to affect the specimen tree. Mr. Mee stated that the house would be moved if necessary and requested that a letter from a representative from DERM could be submitted in regards to the specimen tree and the location of the property. The Board agreed that a letter should be presented as evidence. They also required a survey which would show the exact measurements and location of the house in regards to the tree. They also requested the location and measurements of the house in regards to the setbacks. After discussion from the Board, Mr. Fernandez made a motion to table the case until the next meeting in order for the Board's requirements to be submitted and for staff's recommendations to be complied with. Mr. Crutchfield seconded the motion. Motion passed 4-0. • PZ02-0321-06 Ellen Moss(owner) Sec. 604: Site plan approval 9305 NE 9 Ave. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the site plan subject to: 1. The elevation will have to be raised to .67' above the crown of the road per Miami Dade County flood standards. 2. A Declaration of use must be filed concerning the use of the enclosed garage/art studio (not to be rented). The Board wanted to know if the house was up to code. Staff believed that it was. After discussion, Mr. Fernandez made a motion to approve staff's recommendations. Mr. Crutchfield seconded the motion. Motion passed 4-0. PZ02-0321-07 Raymond Carabotta Sec. 518: Requesting a variance to allow 1173 NE 104 St. 9' wall where code allows 5' wall. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the variance request. The Board discussed an application that was submitted in 1998. The application was originally submitted for the Board to establish applicable elevation, but it was then • amended to a variance request of a 5' wall measured from the grade of the Biscayne Blvd side, the west property line. The variance request from 1998 was approved for the 5' wall. The Board discussed how the bridge has affected the determination of the location from which to measure • Planning & Zoning meeting -4- March 21, 2002 the wall from and the exact location of the crown of the road. The Board also raised concerns about the widening of Biscayne Blvd. in relation to the bridge and the wall. An additional 4' of wall would be too much but an additional 2' might cure the problem. The property was surely unique and something should be done to prevent the recurring problems that the owners are having, due to lack of privacy. The Board suggested adding a hedge over the wall as an option for the owner. The applicant, Raymond Carabotta, was there to present the case. He explained the various reasons why he felt a 9' wall would be necessary and agreed to comply with the Board if they had a better solution. The Board stated that drawings should be submitted by the owner showing the various heights around the property in order to have an idea of what the owner needs and what should be allowed. The owner could erect wood on top of the wall so that the Board could look at the scale. Mr. Carabotta stated that he would inform staff of the progress. After discussion, Mr. Fernandez made a motion to table the case until the next meeting. Mr. Abramitis seconded the motion. Motion passed 4-0. PZ02-0321-08 Marco and Zonia Zepeta(owners) Sec. 523: Paint appeal 1020 NE 107 St. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the paint appeal. The Board mentioned several houses which were also painted brightly. Some Board members felt that the color was harmonious to the surrounding neighborhood, other members did not. Staff submitted color swatches to the Board as evidence. The applicant, Sonia S Zepeda, was there to present the case. She stated that she was not aware that she needed a permit to paint the house since she was a first time home owner. Mr. Crutchfield made a motion to approve the paint color appeal. Motion fails due to lack of a second. After further discussion, Mr Fernandez made a motion to deny the appeal. Mr. Abrimitis seconded the motion. Mr. Crutchfield and Mr. Stobs voted no. Motion failed 2-2. The appeal was neither denied nor approve because the applicant needed three affirmative votes. The applicant must return when all Board members are present. The Board discussed the issue of fairness and stated that the issue is not whether the owner was cited for a violation from Code Enforcement two weeks after the fact or six months after the fact, the issue is that the owner painted without a permit and that is against the code. The Board stated that it is under staffs discretion to give the applicant additional time to paint the house with the approved permit. The Board requested that the owner should bring the addresses of the surrounding properties that have similar colors and show which of those properties have approved permits. • PZ02-0321-08 Katiuska Hurles(owner) Sec 512(b)(2)b: Variance to allow 9488 NW 2 Ave. more than 50% of the parkway to be paved. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the variance request because it does not meet any of the criteria necessary for granting a variance. The applicant, Katiuska Hurles was there to present the case. The Board discussed the conditions of the property which the owner feels are the reasonable peculiar conditions for which to allow the paved area to stay the same. The Board discussed the paved area in relation to the location of the property. The applicant explained the visibility issue and the issue of the buses driving over her swale area and deteriorating the lawn. The Board suggested some solutions to the applicant. Planning & Zoning meeting -5- March 21, 2002 • The applicant agreed to consider the solutions given to her by the Board and would speak to staff to try to bring the property into compliance. After further discussion, Mr. Crutchfield made a motion to table the case until the next meeting unless it is resolved with staff first. Mr. Fernandez seconded the motion. Motion passed 4-0. RETURN TO ITEM II: APPROVAL OF MINUTES -JANUARY 17, 2002/FEBRUARY 17, 2002 The Board discussed the various ways in which the clerk can write the minutes in order to prevent further debates. The old template used by the clerk was the most favorable and any additional information that a Board member wishes to add to the minutes will be submitted to the clerk as long as the Board approves the amendments. The Board requested that the January and February minutes be submitted to the Board at the next meeting with the amendments made by Mr. Crutchfield and Mr. Abramitis. NEW BUSINESS: Revised Codes. Mr. Berg submitted a book with the revised codes for the Board members to review. He stated that the Board needed to review the revised codes for accessory structures and playhouses. The Board stated that a workshop would be a good idea in order to review the new codes and state concerns. ADJOURNMENT: Motion for adjournment was made at 10:30 P.M. Next meeting will be on April 18, 2002. Irene M. Fajardo, Recording Secretary • Bob Stobs II, Chairman • MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING MARCH 21, 2002 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, March 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 W. Robert Abramitis Tim Crutchfield ALSO PRESENT: Al Berg, Planning & Zoning Director Richard Sarafan, Village Attorney Irene M. Fajardo, Recording Secretary ABSENT: Cesar Sastre Mr. Sarafan swore in all those participating in the meeting. ITEM II: APPROVAL OF MINUTES -JANUARY 17, 2002/FEBRUARY 17, 2002 Mr. Fernandez made a motion to table the approval of the January 17, 2002 and the February 17, 2002 minutes until the April 18, 2002 meeting in order to review the amended corrections and for all the members to be present. Mr. Abramitis seconded the motion. Motion passed 4-0. Each of the Board members stated that they had visited all of the sites. ITEM III: PZ02-0321-01 The Sandwich Mill(tenant) Boris Moroz(owner) 9007 Biscayne Blvd. Sec. 541: Outdoor cafe Mr Berg explained the basis of the request, the site conditions, and recommended approval of the application. The applicant John Rossetti was there to present his case. After further discussion from the Board, Mr. Fernandez made a motion to approve stars recommendations. Mr. Crutchfield seconded the motion. Motion passed 4-0 • • Planning & Zoning meeting PZ02-0321-02 -2- March 21, 2002 Philippine Food Mart(tenant) South Florida Fidelty(owner) 8825 Biscayne Blvd. Sec. 504(0: Wall signs Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request for the wall signs. The Board stated their concerns about proper ownership and the signature on the application. The applicant Irvin Matutina was there to present his case. He explained the nature of the business and the sign requirement. After discussion from the Board, Mr. Fernandez made a motion to approve staff's recommendation condition to having the owner's signature on the application. Mr. Crutchfield seconded the motion. Motion passed 4-0. PZ02-0321-03 Jean -Baptist Charlot(tenant) George Bennet(owner) 209 NE 95 St. Sec. 504(0: Wall signs Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request for the wall signs. The Board expressed their concerns about the length, the height, and the location of the signs. The Board also expressed their concerns about having enough space for all the signs on the building and suggested for the applicant's letters to be made smaller in order for the signs to look more harmonious. The applicant Jean Baptist Chariot was there to present his case. He stated that the purpose of the sign was to guide clients to the location of the business. After discussion from the Board, Mr. Crutchfield made a motion to approve staffs recommendations. Mr. Fernandez seconded the motion. Motion passed 4-0. PZ02-0321-04 Publix Supermarkets Sec:504(0 Site plan approval 9050 Biscayne Blvd. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the proposals. The applicant was represented by Andrew James of Spillas Candella, Architects. The issue of outside storage was one already resolved when the first site plan was approved. The Board stated that approval of an exterior wall would be granted as long as it would not affect the original approval of the site plan. They expressed their concerns about A.D.A. requirements. They stated that the location of the shopping carts in front of Publix is leaving little room for wheelchair access. They also expressed their concerns about the location of the ATM and the security of the residents who would use it. Mr. James stated that additional lighting would be placed for the ATM and also a special camera. Mr. James stated that the ATM would be very close to the entrance which would make an excellent location in regards to security. After discussion from the Board, Mr. Fernandez made a motion to approve staff's recommendations subject to the approval of the Police Department. Mr. Crutchfield seconded the motion. Motion passed 4-0. • • Planning & Zoning meeting PZ02-0321-05 Dennis Mee(owner) Sec. 604: Site plan approval �'i 160 NW 92 St. ALIX 4,010O Mr. Berg explained the basis of the request, the site conditions, and recommen t the plan "� rejected and re -studied, particularly in relation to the new tree, landscape plan, tree removal, and 4.4 drainage. The applicant, Dennis Mee was there to present the case. The Board was concerned ' that the tree was not dimensioned on the survey and therefore the exact location of the house could not be presented but only the measurements of Mr. Berg made by scale. Staff stated that e� the house was larger than anticipated but that something could be worked out in order for the location of the house not to affect the specimen tree. Mr. Mee stated that the house would be l /v _ moved if necessary and requested that a letter from a representative from DERM coul • •: ' h •. submitted in regards to the specimen tree and the location of the property. The Board agreed that 5 a letter should be presented as evidence. They also required a survey which would show the exact measurements and location of the house in regards to the tree. They also requested the location 'c 4/ and measurements of the house in regards to the setbacks. After discussion from the Board, Mr. (apL,e. Fernandez made a motion to table the case until the next meeting in order for the Board's requirements to be submitted and for stars recommendations to be complied with. Mr. f Crutchfield seconded the motion. Motion passed 4-0. f<1h -3- March 21, 2002 7-Ld ��Gr • PZ02-0321-06 Ellen Moss(owner) Sec. 604: Site plan approval 9305 NE 9 Ave. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the site plan subject to: 1. The elevation will have to be raised to .67' above the crown of the road per Miami Dade County flood standards. 2. A Declaration of use must be filed concerning the use of the enclosed garage/art studio (not to be rented). The Board wanted to know if the house was up to code. Staff believed that it was. After discussion, Mr. Fernandez made a motion to approve staffs recommendations. Mr. Crutchfield seconded the motion. Motion passed 4-0. PZ02-0321-07 Raymond Carabotta Sec. 518: Requesting a variance to allow 1173 NE 104 St. 9' wall where code allows 5' wall. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the variance request. The Board discussed an application that was submitted in 1998. The application was originally submitted for the Board to establish applicable elevation, but it was then • amended to a variance request of a 5' wall measured from the grade of the Biscayne Blvd side, the west property line. The variance request from 1998 was approved for the 5' wall. The Board discussed how the bridge has affected the determination of the location from which to measure • • Planning & Zoning meeting -4- March 21, 2002 the wall from and the exact location of the crown of the road. The Board also raised concerns abouta widening of Biscayne Blvd. in relation to the bridge and the wall. An additional 4' of wall ould be too much but an additional 2' might cure the problem. The property was surely unique and something should be done to prevent the recurring problems that the owners are. having, due to lack of privacy. The Board suggested adding a hedge over the wall as an option for the owner. The applicant, Raymond Carabotta, was there to present the case. He explained the various reasons why he felt a 9' wall would be necessary and agreed to comply with the Board if they had a better solution. The Board stated that drawings should be submitted by the owner showing the various heights around the property . or r.to hav an idea of what the owner needs and what should be allowed. The owner couldect ood n p of the wall so that the Board could look at the scal- Mr. Carabotta stated'that he would inform staff of the progress. After discussion, Mr. F- . . ,a ez made a motion to table the case until the next meeting. Mr. Abranutis seconded the motion. otion passed 4-0. / / 441( / �j/4 PZ02-0321-08 Marco and Zonia Zepeta(owners) Sec. 523: Paint appeal t'oG( 1020 NE 107 St. /I'> Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the paint appeal. The Board mentioned several houses which were also painted brightly. Some Board members felt that the color was harmonious to the surrounding neighborhood, other members did not. Staff submitted color swatches to the Board as evidence. The applicant, Sonia Zepeda, was there to present the case. She stated that she was not aware that she needed a permit to paint the house since she was a first time home owner. Mr. Crutchfield made a motion to approve the paint color appeal. Motion fails due to lack of a second. After further discussion, Mr Fernandez made a motion to deny the appeal. Mr. Abrimitis seconded the motion. Mr. Crutchfield and Mr. Stobs voted no. Motion failed 2-2. The appeal was neither denied nor approve because the applicant needed three affirmative votes. The applicant must return when all Board members are present. The Board discussed the issue of fairness and stated that the issue is not whether the owner was cited for a violation from Code Enforcement two weeks after the fact or six months after the fact, the issue is that the owner painted without a permit and that is against the code. The Board stated that it is under stars discretion to give the applicant additional time to paint the house with the approved permit. The Board requested that the owner should bring the addresses of the surrounding properties that have similar colors and show which of those properties have approved permits. PZ02-0321-08 Katiuska Hurles(owner) Sec 512(b)(2)b: Variance to allow 9488 NW 2 Ave. more than 50% of the parkway to be paved. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the variance request because it does not meet any of the criteria necessary for granting a variance. The applicant, Katiuska Hurles was there to present the case. The Board discussed the conditions of the property which the owner feels are the reasonable peculiar conditions for which to allow the paved area to stay the same The Board discussed the paved area in relation to the location of the property. The applicant explained the visibility issue and the issue of the buses driving over her swale area and deteriorating the lawn. The Board suggested some solutions to the applicant. Planning & Zoning meeting -5- March 21, 2002 • The applicant agreed to consider the solutions given to her by the Board and would speak to staff to try to bring the property into compliance After further discussion, Mr. Crutchfield made a motion to table the case until the next meeting unless it is resolved with staff first. Mr. Fernandez seconded the motion. Motion passed 4-0. • • RETURN TO ITEM II: APPROVAL OF MINUTES -JANUARY 17, 2002/FEBRUARY 17, 2002 The Board discussed the various ways in which the clerk can write the minutes in order to prevent further debates. The old template used by the clerk was the most favorable and any additional information that a Board member wishes to add to the minutes will be submitted to the clerk as long as the Board approves the amendments. The Board requested that the January and February minutes be submitted to the Board at the next meeting with the amendments made by Mr. Crutchfield and Mr. Abramitis. NEW BUSINESS: Revised Codes. Mr. Berg submitted a book with the revised codes for the Board members to review. He stated that the Board needed to review the revised codes for accessory structures and playhouses. The Board stated that a workshop would be a good idea in order to review the new codes and state concerns. ADJOURNMENT: Motion for adjournment was made at 10:30 P.M. Next meeting will be on April 18, 2002. Bob Stobs II, Chairman