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
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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
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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.
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