03-20-2003 Regular Meeting•
Planning and Zoning
1 Match 20, 2003
MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD
REGULAR MEETING MARCH 20, 2003
The regular meeting of the Miami Shores Planning and Zoning Board was held on
Thursday, March 20, 2003, at the Village Hall. The meeting was called to order by
Richard Fernandez, Chairman at 7:00 P.M. with the following persons present:
ITEM I: ROLL CALL:
Richard Fernandez, Chairman
Tim Crutchfield
W. Robert Abramitis
Donald Shockey (Left at 8:15P.M. and returned at 9:50P.M)
Cesar Sastre (Arrived at 7:05P.M.)
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.
The Board members disclosed that they had visited the sites.
411 ITEM II: APPROVAL OF MINUTES -February 20, 2003
Mr. Crutchfield made a motion to approve the February 20, 2003 with the amended
corrections. Mr. Abramitis seconded the motion. Motion passed 5-0.
ITEM III: SCHEDULE ITEMS
PZ03-0320-01 Village of Miami Shores Sec. 604: Modified site plan
Aquatic Center
10020 Biscayne Blvd.
Mr. Berg explained the basis of the request, the site conditions, and recommended that
the amended site plan be re -studied and be modified to reflect more trees as presented in
the original site plan. Mr. Berg explained the differences between the original site plan
and the proposed new site plan. Mr. Berg stated that the new site plan has a considerable
reduction in trees. The Recreation Director of Miami Shores, Jerry Estep, and the
landscaping architect were there to present the case. Mr. Estep explained the two reasons
for the landscaping change. One reason was for security in the line of sight from
Biscayne Blvd. and the other was for maintenance. The landscape architect, Thomas
Laubenthal, explained the location of the trees on site plan. The Board inquired about the
landscaping located by the residential properties. Mr. Estep explained that the
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Planning and Zoning
2 Match 20, 2003
landscaping located by the residential area was an issue that needed further discussion by
the Village Council
members. The Board inquired about the plant material and the discrepancy in the Key
that was submitted with the proposed plans. Mr. Laubenthal explained that the proposed
plans had the correct plant material and type of trees. The key was incorrect. The Board
expressed their concerns in regards to the discrepancies and the lack of information about
the proposed landscaping adjacent to the residential areas. Mr. estep agreed that the plan
was incomplete. After further discussion, Mr. Crutchfield made a motion table the case
until further information is submitted and the corrected key is shown on the site plan.
Mr. Sastre seconded the motion. Motion passed 5-0.
PZ03-0220-04 Marc and Dianne Stead Sec 701: Appeal of Admin.
825 NE 97 St. Official -- right of way paving.
Mr. Berg explained the basis of the request, the site conditions, and recommended a
smaller paved area with a circular drive and two street trees on the right of way. The
Board reviewed the plans and stated that the applicant's exceeded the amount allowed for
paving. The Chairman, Mr. Fernandez, disclosed that the attorney for the applicant, Mr.
O'Connor, had contacted him before the meeting. Mr. O'Connor presented the case and
explained the applicant's intent in regards to the paving of the swale area. Board inquired
about pavers and whether the applicant would return with a modified site plan since they
are exceeding the amount allowed for paving. After further discussion, Mr. Crutchfield
made a motion to table the case. Mr. Sastre seconded the motion. Motion passed 5-0.
PZ03-0320-02
Ameri Trust Title Co. Sec. 504(f)(1): Wall sign
Real Property Inc. (owner)
216 NE 98 St.
Mr. Berg explained the basis of the request, the site conditions, and recommended denial
of the proposed sign on the building on the alley. Mr. Berg explained that it would not be
aesthetically pleasing and that none of the other tenants have signs there, The attorney,
Michael Cutlip, was there to present the case. Mr. Cutlip explained why the applicant
wanted a sign on the building by the side of the alley. The section of the code that relates
to signs was read into the record. After further discussion, Mr. Abraniitis made a motion
to deny the applicant's request. Mr. Sastre seconded the motion. Motion passed 4-0.
PZ003-0320-03 Joseph Poitier Sec. 518(b): Requesting a variance to
1284 NE 92 St. allow a wooden fence on a corner lot
Mr. Berg explained the basis of the request, the site conditions, and recommended that
the request be denied. Mr. Berg explained that the property does not have special
conditions that would make it impossible for the owner to comply with what it is allowed
by the code. The applicant's house is not facing in an unusual direction. His house is
facing in the same direction that the other houses are facing on the street. The owner,
Joseph Poitier, was there to present the case. Mr. Poitier explained the unusual
conditions of the property and why he felt he needed a wooden fence. Section 518(b)
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Planning and Zoning
3 Match 20, 2003
was read into the record which might allow the owner to keep the wooden fence without
the need of a variance. After further discussion, the applicant did not need a variance.
All the Board members agreed that the applicant did not need a variance because his
house was not facing in an unusual direction.
PZ03-0320-04 Victor and Teresa Schneide Sec. 604: Site plan approval
10255 Biscayne Blvd. new house
Mr. Berg explained the basis of the request, the site conditions, and recommended
approval upon the following conditions:
1. Deletion of the wood fence in the front yard.
2. Limiting the height of the building to 30.'
3. Deletion of the pool from the site plan.
4. Compliance with FEMA/Dade County flood criteria.
5. Proper grading of the property.
6. Compliance with the landscaping requirements.
The applicant, Victor Schneide, was there to present the case. Mr. Schneide agreed to
comply with all of staff's conditions and make the necessary modifications. After further
discussion, Mr. Crutchfield made a motion to approve the site plan upon staff's
recommendations. Mr. Sastre seconded the motion. Motion passed 4-0
• PZ03-0320-06 Captain Dan's Fish Market Sec. 604: Site plan approval-
Mohammad/Mark Ibrahim sit down restaurant/outdoor
Mark Campbell(architect) cafe and signs
Mr. Berg explained the basis of the request, the site conditions, and recommended denial
of the entire application because a sit-down restaurant is not feasible at this location
without requisite parking or a variance. Staff stated that an outdoor cafe is not allowed
without a sit-down restaurant. The signage request is well beyond code allowances and
would be more signage than any other tenant has been allowed. The Village attorney,
Richard Sarafan, suggested that at the time of the motion, it should be made contingent to
owner's approval condition to satisfactory proof of ownership. The architect for the
owner, Mark Campbell, was there to present the case. Mr. Campbell explained the
intention of the owner in regards to the outdoor cafe, and addressed the issue of parking.
Mr. Campbell stated that he would add two additional parking spaces and that the signs
would be reduced to be allowed by code. The Board members expressed their concerns
in regards to the parking issue and the signs. They wanted to see the modifications made
by the architect before coming to a decision. Mr. Fernandez opened the hearing for
public comments. Mr. Goldberg, a resident at 9912 NE 13 Ave., was there to testify on
behalf of the applicant. Mr. Goldberg likes the idea of an outdoor cafe in the area and
comments on the quality of the food. Mr. Fernandez closed the hearing for public
comments. After further discussion, Mr. Crutchfield made a motion to table the case
until the next meeting. Mr. Sastre seconded the motion. Motion passed 4-0.
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Planning and Zoning 4 Match 20, 2003
PZ03-0320-08 Sheryl Cucchiella Sec. 701: Appeal of Admin
948 NE 92 St. Official -paving.
Mr. Berg explained the basis of the request, the site conditions, and recommended denial
of the application since the proposed paving is more than the 50% allowed by code. The
applicant, Sheryl Cucchiella, was there to present the case. Ms. Cucchiella explained the
purpose for her design and the reasons for wanting to keep the existing gravel. The
Board members expressed their concerns in regards to the proposed paving being more
than the percentage allowed by code, the required trees on the swale, and the current
design on the property. Mr. Crutchfield made a motion to uphold the Building Official's
decision and deny the application. Mr. Abramitis seconded the motion. Motion passed
4-0.
PZ03-03-0320-09 James De Molineaux Sec. 604: Site plan approval
309 NE 99 St.
Mr. Berg explained the basis of the request, the site conditions, and recommended tabling
the application until some details can be formulated regarding the detached garage and
the on site parking. Staff felt that the flat roof on the proposed garage will not be
harmonious with the existing house. The Board discussed the concerns mentioned by
staff such as the flat roof, the lack of parking on the property, and the FEMA
requirements. The applicant, James Molineaux, was there to present the case. Mr.
Molineaux explained his intentions on the proposed double garage and agreed to put a
• slope roof and remove the existing door which leads outside. After further discussion,
Mr. Crutchfield made a motion to table the case until modifications on the plans have
been made. Mr. Sastre seconded the motion. Motion passed 4-0.
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PZ03-0320-11 Marcos and Leah Santos Sec. 604: Site plan approval
27 NE 94 St. garage enclosure
Mr. Berg explained the basis of the request, the site conditions, and recommended tabling
the application until additional details can be formulated regarding the carport enclosure
and the finish floor level. A friend of the applicant, Mr. Louis, submitted an affidavit
showing that he was there to represent the owner. The Board discussed the concerns
mentioned by Staff. They also requested that the owner add a cutback in front of the
enclosure to disguise the appearance of the enclosure. Mr. Louis agreed to inform the
applicant of the Board's recommendations. After further discussion, Mr. Sastre made a
motion to approve the application subject to raising the floor elevation and having a cut
back in the pavement installed in front of the enclosure. Mr. Crutchfield seconded the
motion. Motion passed 5-0.
IV. NEXT MEETING.
The next meeting will be on April 24, 2003.
V. ADJOURNMENT
Planning and Zoning
5 Match 20, 2003
• The March 20, 2003 Planning and Zoning was adjourned at 10:OOP.M.
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