11-20-2003 Regular MeetingJr
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MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD
REGULAR MEETING NOVEMBER 20, 2003
The regular meeting of the Miami Shores Planning and Zoning Board was held on
Thursday, November 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:
ALSO PRESENT:
Richard Fernandez, Chairman
W. Robert Abramitis
Cesar Sastre
Donald Shockey (Arrived at 7:08PM)
Tim Crutchfield
Al Berg, Planning & Zoning Director
Irene M. Fajardo, Recording Secretary
Richard Sarafan, Village Attorney
Chairman Fernandez explained the procedures in regards to the Planning and Zoning
Board and the appeals made by the residents.
Mr. Sarafan swore in all those participating in the meeting.
ITEM II: SITE VISITING DISCLOSURE
Mr. Crutchfield, Mr. Abramitis, and Mr. Sastre visited all the sites. Mr. Shockey did not
have any disclosures. Chairman Fernandez disclosed that he visited the properties at 550
NE 101 St. and 9699 NE 2 Ave.
ITEM III: APPROVAL OF MINUTES -October 16, 2003
The approval of the minutes was tabled until the end of the meeting.
ITEM IV: SCHEDULE ITEMS
Case #: PZ03-1016-02
Owner: Miami Country Day School
Address: 10653 NE 6 Ave.
Sec. 301: Zoning district change -Approval of Findings/Recommend
Mr. Crutchfiled made a motion to table the case until the end of the meeting. Mr. Sastre
seconded the motion. Motion passed 5-0.
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Case #: PZ03-1120-01
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Owner: Amanda McGovern and Victor Ortegon
Address: 550 NE 101 St.
Sec. 513: Change of facing of building.
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Mr. Berg explained the basis of the request, the site conditions, and recommended that
the request be approved. The building meets all setback requirements for the front on
both sides and will be in harmony with the requested change of the facing. Mr. Berg
stated that this property should be treated as a through lot as it has frontage on two
thoroughfares. Mr. Berg recommended that as a condition of approval, the front setback
(25') be maintained on both 4th Avenue Road and 101 Street, and that the shed located on
the 4th Avenue side be removed and relocated to an approved location. The Board
inquired about a construction project on 101 St. Mr. Berg confirmed that there was
construction project in progress and that all the necessary permits were pulled. The
Board inquired about the year that the house was built and whether the perimeter wall on
the property was permitted. They also inquired about a Unity of Title on the property and
whether the property owner will agree to relocate the shed. Mr. Berg addressed all of the
Board's concerns. The Board proceeded to discuss the importance of setback issues and
how public services, such as the fire department and the police, would have access to the
property after the proposed change of facing. The property owner, Amanda McGovern,
was there to present her case. Mrs. McGovern stated that there was no Unity of Title on
the property. She also explained that her current entrance to the property is through the
kitchen, which seems more like a back door than a front door. She discussed several of
the remodeling projects that are being done on the property and confirmed that the shed
would be removed. After discussion of the Board, Mr. Crutchfield made a motion to
approve the request with staff's recommendations. Mr. Sastre seconded the motion for
discussion. After a brief discussion on the changes proposed by Mrs. McGovern the
motion passed 5-0.
Case #: PZ03-1120-02
Owner: Boris Moroz (owner) Power Project (tenant)
Address: 9025-9037 Biscayne Blvd.
Sec. 504(f)(1): Wall/detached sign approval
Mr. Berg explained the basis of the request, the site conditions, and recommended
approval of the proposal. The signs meet the code requirements. The Board discussed
the proposed sign on the building and the proposed monument sign. The Board was
concerned about the pylon sign because it states a service and not the identification of a
business. They stated that the pylon signs should be consistent with one another. Some
of the Board members stated that they did not want the pylon signs to look like a
billboard. Chris Russo, the tenant of the property, was there to present his case. Mr.
Russo explained his intentions for both signs. He explained how he is changing the
current aerobics sign located on the building for the tanning sign. He stated that he did
his best to incorporate the tanning detached sign on Biscayne Blvd. to the rest of the signs
on the monument. After further discussion from the Board, Mr. Crutchfield made a
motion to approve the approval of both signs. Mr. Sastre seconded the motion. Mr.
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Crutchfield discussed his reasons for making the motion of approval. He stated that the
code was not clear about what is allowed on the monument for pylon signs and
recommended, as stated in staff's recommendations, approval of the proposal. The Board
members were still concerned about the pylon sign and how it describes a service and not
an identification of a business. After a brief discussion, the original motion was
withdrawn. The Board members made two separate motions for the signs. Mr.
Crutchfield made a new motion to approve only the wall sign on the building as
submitted. Mr. Sastre seconded the motion. Motion passed 5-0. Mr. Crutchfield made a
second motion to approve the proposed pylon sign, the tanning insert, as submitted by the
applicant. Mr. Shockey seconded the motion. Motion failed to carry 2-3. (Mr. Sastre,
Mr. Abramitis, and Mr. Fernandez voted no).
Case #: PZ03-1120-03
Owner: David Carlisle/ Aaron Fruitstone(tenant)
Address: 9699 NE 2"d Ave.
Sec. 400/401: Approval of new use -karate school
Mr. Berg explained the basis of the request, the site conditions, and recommended
approval of the use. Mr. Berg recommended for window signage with white lettering for
this site. He also recommended that the individual signs be placed in the lower window
at the front of the property listed together. The applicant is requesting approval for a
karate studio on NE 2"d Ave. The site plan of the property shows that the school would
have plenty of parking. Karate studios are not specifically an allowed use in B-1,
however, exercise and dance studios are. The applicant also proposes a sign on the NE
2"d Ave elevation, which would identify the name of the business. They are also
proposing five signs on the small windows totaling 41 sq. ft. of signage, which is well
beneath what the code allows. The Board inquired about the use allowed on the B-1
section, the material that will be used for the signs and whether the windows in the rear of
the property would be blocked since they are facing other properties. The Board also
raised concerns about the tinting on the windows and the location of the five signs
proposed by the tenant. Discussion was made about the new use proposed on the B-1
section. The Board stated that this would be a studio and not a school. The tenant, Aaron
Fruitstone, submitted an affidavit showing that he was allowed to speak on behalf of the
owner. Mr. Fruitstone confirmed that this would be a karate studio and not a school. He
explained that the current tinting of the windows is located on the upper side of the bay
windows making the rest accessible for viewing. Mr. Fruitstone stated that he would
change the location of the signs to the west frontage and that he would place the signs
horizontally in one block of text. He was not planning on blocking up the rear windows
even though it is shown. The plan that was shown is old. After further discussion, Mr.
Crutchfield made a motion to approve the new use subject to changing the signs to the
west frontage of the building, being placed horizontally in one block of text on one glass,
and the rear windows not being blocked. Mr. Sastre seconded the motion. Motion
passed 4-1. (Mr. Abramitis voted no).
Case #: PZ03-1120-04
• Owner: David and Nancy Dawson
Planning & Zoning 3 11/20/2003
• Address: 305 NE 91 St.
Sec. 604: Site plan approval -garage enclosure.
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Mr. Berg explained the basis of the request, the site conditions, and recommended
approval of the request provided that the F.F.E. issues are resolved and a Declaration of
Use is filed concerning the use of the sitting room. Mr. Berg also recommended that
some of the existing swale asphalt be removed and street trees be installed. The Board
discussed the issues mentioned by staff. They expressed their concerns in regards to the
removal of the asphalt and the street trees. The property owner, Nancy Dawson, was
there to present the case. Mrs. Dawson explained her intentions for the garage enclosure.
She also addressed Mr. Berg' concerns in regards to the floor elevations and agreed to
remove one area of the asphalt in the swale and install additional street trees. After
further discussion, Mr. Sastre made a motion to approve the site plan subject to staff's
recommendations. Mr. Crutchfield seconded the motion. Motion passed 5-0.
Case #: PZ03-1016-02
Owner: Miami Country Day School
Address: 10653 NE 6 Ave
Sec. 301: Zoning district change -Approval of Findings/Recommend
The Board reviewed the Findings of Facts by Mr. Berg in regards to the zoning district
change for the school. After a brief discussion, Mr. Crutchfield made a motion to
approve the Findings of Facts made by Mr. Berg in his report. Mr. Sastre seconded the
motion. Motion passed 5-0.
ITEM III: APPROVAL OF MINUTES -October 16, 2003
Mr. Crutchfield made a motion to approve the October 16, 2003 minutes with the
amended corrections. Mr. Sastre seconded the motion. Motion passed 5-0.
V. DISCUSSION:
The Board discussed the procedures for the final approval of the minutes and whether
they needed to be signed by the Chair. The minutes will be given to the Chair after
amended corrections for final approval.
VI. NEXT MEETING.
The next meeting will be on December 18, 2003. The Board members will get together
with the Chairman in regards to the date for the workshop.
VII. ADJOURNMENT
The November 20, 2003 Planning and Zoning meeting, was adjourned at 10:OOpm.
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