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11-20-2002 Regular Meeting• MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR. MEETING NOVEMBER 20, 2002 The regular meeting of the Miami Shores Planning and Zoning Board was held on Wednesday, November 20, 2002, at the Village Hall. The meeting was called to order by Richard Fernandez, Vice Chairman at 7:00 P.M. with the following persons present: ITEM I: ROLL CALL: Richard Fernandez, Vice Chairman Tim Crutchfield W. Robert Abramitis Cesar Sastre (Arrived at 7:11 P.M.) Donald Shockey 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 11: APPROVAL OF MINUTES -October 17, 2002 and October 24, 2002. Mr. Crutchfield made a motion to approve the October 17, 2002, minutes with the amended. corrections. Mr. Shockey seconded the motion. Motion passed 5-0. Mr. Crutchfield made a motion to table the October 24, 2002 minutes, to the end of the agenda. Mr. Sastre seconded the motion. Motion passed 5-0. ITEM II A: ELECTIONS FOR CHAIR AND VICE -CHAIR Mr. Crutchfield made a motion to table the elections to the end of the agenda. Mr. Sastre seconded the motion. Motion passed 5-0 ITEM III: SCHEDULE ITEMS PZ02-1121-01 Latin American Investments(owner) Sec. 604: Site plan approval - 9495 Biscayne Blvd. New house Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application. He stated that the pool shown on the site plan was not up for approval but that it was an item he wanted the Board to review. Staff also recommended that the applicant review the driveway plan since it could lead to a problem of cut -through traffic. The Board discussed the variances needed for the pool and possible solutions. The Board inquired about the road cut • Planning and Zoning Board -2- November 20, 2002 and the possible cut -through traffic. The owner, Jorge Lopez, stated that he examined the site plan and realized a possible problem in regards to the cut -through traffic. He stated that an electrical gate might serve as a solution. The Board stated that the applicant should find a solution to make room for the pool in the site plan before considering a variance as an option. The Board suggested for the applicant to withdraw his application and to come back next month with a solution for the pool and for the possible cut -through traffic. The Village attorney, Mr. Sarafan, suggested to the Board that the applicant could obtain approval of the site plan for the house, not including the driveway and the pool, and return next month with an amended application which would include the driveway and the pool. Mr. Fernandez opened the hearing for public comments. Richard Figura. from 898 NE 95 St., expressed his concerns in regards to the possible removal of the present Ficus tree and how it relates to the issue of the driveway and the cut -through traffic. Robert Longman from 913 NE 95 St, also expressed his concerns in regards to the possible removal of the Ficus tree. Mr. Fernandez closed the public hearing for comments. The Board suggested conditional approval of the site plan. The Board discussed those conditions. After further discussion, Mr. Crutchfield made a motion to approve the site plan for the house not including the driveway or the pool. Mr. Sastre seconded the motion. Motion passed 5-0. PZ02-1121-02 Miami Shores Condo Assoc. Sec. 518: Requesting a variance Scott Klayman, Secretary to allow a 6' fence where 5' is 9022 NE 8 Ave. permitted. Mr. Berg explained the basis of the request, the site conditions, and recommended approval for the variance request. Staff stated that a 6' fence may be more appropriate for the area and that it would match the existing fence. Mr. Berg submitted the original permit for the existing fence which showed what was approved at the time. Other fences in the area had been approved because of the varying grades. The Board discussed the peculiar condition of the property which would be the difference in height for the existing grade in the area between the condo fence and the surrounding area. The Board discussed the other unusual conditions of the property. Mr. Fernandez opened the hearing for public comments. The president of the condo association, Betty Lash, explained the existing conditions of the property and the necessity for a 6' fence. Mr. Fernandez closed the hearing for public comments After further discussion, Mr. Sastre made a motion to approve the variance request for a 6' fence. Mr. Shockey seconded the motion. Motion passed 5-0. PZ02-1121-03 Daniel and Claudia Aulton Sec. 604:Site plan approval - 842 NE 99 St. fountain, pond, and fence Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the site plan. Staff explained that the applicant would need two variances; the use of non -masonry materials and front setbacks, in order to construct the requested pond. Staff felt that the applicant does not meet the variance standards for his requests. The Board discussed the setback and encroachment issues. The Board also expressed their concerns about safety in regards to children • Planning and Zoning Board -3- November 20, 2002 having access to the pond. The applicant, Daniel Aulton, was there to present his case. He stated that a 3' fence would be placed around the pond to address the issue of safety. The Board felt that a 3' fence would not be enough. Mr. Aulton complied with the Board's previous recommendations and stated that a higher fence around the pond would eliminate the purpose of the pond to be a decorative element for the property. The Board's concerns were the front yard's setback, the encroachments, the materials that will be used for the pond, and the safety issue. Mr. Aulton agreed to raise the fence to address the issue of safety but stated that he could not comply with the setback requirement because he would have to decrease the size of the pond. The Board inquired about the required variances. Mr. Fernandez stated the required variances and why they would be needed. Mr. Crutchfield made a motion to table the case in order for the applicant to further review the site plan and make the necessary changes to request approval. Mr. Fernandez seconded the motion. Motion passed 5-0. PZ02-1121-04 Laura MaallFrederone Inc. Sec. 604: Site plan approval - 550 NE 96 St. new house Mr. Berg explained the basis of the request, the site conditions, and recommended that the submitted site plan be rejected and restudied. Mr. Berg submitted pictures of 50' lot properties. He mentioned the different architectural features that would improve the overall appearance of properties built on 50' lots. The Board agreed with all of staff's recommendations. Their main • concerns were the two -car garages in the front of the property, the driveway, and the lack of architectural elements which would make the property more harmonious. The Board felt that adding more details to the design would make the property more appealing in a 50' lot. Pedro Piaz, the applicant's son, was there to represent the applicant. The applicant, Laura Maal, was also present. Mr. Diaz agreed to restudy the plan and try comply with the Board's concerns and staff recommendations. He stated that he wanted to amend his application. After further discussion, Mr. Crutchfield made a motion to table the case. Mr. Sastre seconded the motion. Motion passed 5-0. P202-1017-10 Antonio Roberts Sec. 604: Site plan approval - 530 NE 96 St. new house Mr. Berg explained the basis of the request, the site conditions, and recommended for the plan to be redrawn in keeping with the harmony of the neighborhood. Staffstated that the applicant made an effort to modify the design of the property from his previous submitted request, but that the modified design was still not in keeping with the neighborhood. The architect, Harlan Woodard, was there to present the case. The owner, Antonio Roberts, was also present. Mr. Woodard explained the nature of the proposed, modified design and felt that It was in keeping with the harmony of the neighborhood. He distinguished the difference between the old plans and the new plans submitted. The Board discussed their concerns in regards to the proposed terrace, the setback requirements, the columns, and the proposed parking explained by the owner. • The Board explained to Mr. Woodard that the plan would have to show the proposed parking on the property before they could approve the site plan. Mr. Fernandez opened the meeting for 411 Planning and Zoning Board -4- November 20, 2002 public comments. Mr. David Kinchen, a resident at 558 NE 96 St was there to offer testimony on the case. He expressed his concerns in regards to the design not being harmonious with the neighborhood or the next door neighbor. Mr. Wagner, a resident who lives in the east side of the of the lot also stated that the proposed design would not be harmonious with his property or with the surrounding neighborhood. Mr. Fernandez closed the meeting for public comments. Some of the Board members expressed their concerns about harmony and the need for more details on the property. They once again complimented Mr. Woodard for an excellent presentation and a great design. After further discussion from the Board, Mr. Crutchfield made a motion to table the case. Mr. Abramitis seconded the motion. Motion passed 5-0. PZ02-1121-05 Mark Ponzio Sec. 604: Site plan approval - 10015 Biscayne Blvd new house Mr. Berg explained the basis of the request, the site conditions, and recommended tabling the request pending revisions and corrections to the plans as mentioned in the staffs memorandum. Thomas Warmanika, the future property owner of the proposed property, was there to offer testimony on the case. A warranty deed and an owner's affidavit signed by the current owner were submitted to the Board as evidence of proper representation. The Board discussed their concerns in regards to the issue of the pool, the matching of the windows, the proposed 6' wing wall, the landscaping plan, and the floor elevations. The architect, Mario Rumano, was there to • offer testimony on the case. He addressed the issues mentioned by the Board and agreed to make the necessary changes. After further discussion, Mr. Sastre made a motion to table the case. Mr. Crutchfield seconded the motion. Motion passed 5-0. PZ02-1121-06 Gloria Lucio Sec 523: Paint appeal of the Admin. Offi.cia1 436 NE 94 St. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the paint appeal. The applicant, Gloria Lucio and Antonio Rodriguez, were there to present the case. The applicants felt that the color proposed would revive the Mediterranean architectural design of the property. Mr. Rodriguez explained that the yellow proposed would not appear dominant. The Board reviewed the pictures submitted and discussed the colors of similar houses in the Village. They inquired about the type of paint that would be used and how the different colors would be distributed. Mr. Rodriguez addressed the Board's questions and submitted a sketch to the Board. After further discussion, Mr. Crutchfield made a motion to overturn staff's decision and grant the appeal. Mr. Shockey seconded the motion. Motion passed 4-1. Mr. Fernandez voted no. PZ02-1121-07 Denis Joseph 469 NE 91 St. Sec. 604 Site plan approval- new house. • Mr. Berg explained the basis of the request, the site conditions, and recommended that the Board review the front elevations of the property for approval. The Board discussed the differences • Planning and Zoning Board -5- November 20, 2002 between the previous application and the new one. Two separate designs were presented to the Board. The applicant, Denis Joseph, was there to present his case. Mr. Joseph explained the modifications he made to the plans and the reason he presented two separate designs for consideration. The Board discussed the changes made to the previous plans and the designs presented. They discussed the landscaping around the property and the windows proposed on the plans. The Board decided to make two separate motions for the designs. They then discussed the various architectural elements on the designs. After further discussion Mr. Crutchfield made a motion to deny the second design which was assigned as Design 13. Mr. Shockey seconded the motion. Motion to deny passed 3-2. Mr. Sastre and Mr. Fernandez voted to approve. Mr. Sastre made a second motion to approve the first design which was assigned as Design A. Mr. Crutchfield seconded the motion. Motion passed 4-1. Mr. Shockey voted no. PZ02-1121-08 Roy Lera 117 NE 95 St. Sec. 523: Paint appeal of the Admin. Official Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the request. Mr. Berg submitted the original application to paint the house and the roof tile. The Board reviewed the colors presented and the colors on the original application. Staff felt that the colors were not the same. The Board inquired about the several colors presented and inquired about which of the colors were up for approval. The applicant Roy Lera, was there to present his • case. He explained the conditions of the roof and the reasons for the different colors he submitted for approval. The Board stated that only one item has to be presented before them for approval. After further discussion, Mr. Crutchfield made a motion to deny the request. Mr. Shockey seconded the motion. Motion passed 5-0. ITEM IV: MARBELLA PROJECT Joseph Geller, an attorney for the Marbella Group was there to make a small presentation for the Board. Mr. Fernandez disclosed that he was in contact with Mr. Cellar and that they spoke about several issues including the item that would be discussed at the hearing. Mr. Gellar explained the intent of the Marbella Project and how it would be an asset for the Village and the surrounding neighborhoods. He discussed issues in regards to annexation and how that would benefit the Village. Mr. Geller showed a video of Cornerstone Group which showed several developments made by that corporation. The Board discussed several elements about the developments made by Cornerstone Group. The Board also requested that an additional formal meeting should be made before a report is given to the Council. No motion was made on the October 24, 2002, minutes. ITEM II A: ELECTIONS FOR CHAIR AND VICE -CHAIR Mr. Sastre made a motion to nominate Mr. Fernandez as the new Chairman for the Planning and Zoning Board. A roll vote was taken. The vote passed 5-0 in favor of Mr. Fernandez. Mr. Abramitis made a motion to nominate Mr. Sastre as the new Vice Chairman for the Planning • Planning and Zoning Board -6- November 20, 2002 and Zoning Board. A roll vote was taken. Vote passed 5-0 in favor of Mr. Sastre. ITEM V.: NEXT MEETING- December 19, 2002 ITEM VI.: ADJOURNMENT- Mr. Crutchfield made a motion to adjourn the meeting. Mr. Abramitis seconded the motion. Motion passed 5-0. Meeting was adjourned at 11:OOpm. • •