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08-26-2004 Regular Meeting• • MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING AUGUST 26, 2004 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, August 26, 2004, 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( Arrived at 8:00 P.M.) Donald Shockey W. Robert Abramitis 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. The Board members disclosed that they had visited all of the sites. Chairman Fernandez disclosed that he had visited the proposed Village Cafe Express at 9534 NE 2nd Ave. ITEM II: APPROVAL OF MINUTES- July 8, 2004 and July 22, 2004 The minutes were moved to the end of the agenda for approval. ITEM III: SCHEDULE ITEMS PZ04-0826-01 Food N Such(tenant) Godfrey and Hazel Chambers Biscayne 88 terrace Llc (owner) 8849 Biscayne Blvd. Sec. 604: Site plan approval sign; Sec. 504(f)(1): requesting cabinet sign -8849 3'x10' Mr. Berg explained the basis of the request, the site conditions, and did not recommended approval of the sign. The applicant was requesting approval to erect a 3'X10' cabinet sign on the wall of the property. The proposed sign will be illuminated. The sign is bright, almost day -glow yellow and green and it shines with the same intensity as the previously disapproved "Pawn Shop" sign. The sign is not harmonious with the building. The applicant, Hazel Chambers, was there to present his case. Ms. Chambers explains that all Indian Food stores use those colors on their signs. The Board members explained that they are looking for uniform signage on the building and stated that the sign is too bright. After a brief discussion, Mr. Abramitis made a motion to deny the sign. Mr. Shockey seconded the motion. Motion passed 3-0. Planning and Zoning 1 August 26, 2004 • • PZ04-0826-02 Fla. City Industrial Lands(owner) Jorge Lopez, President 9495 Biscayne Blvd. Sec. 604: Site plan approval - modification of previous of previous elevation (one story to two story), new pool Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the request. Applicant is requesting site plan approval for a pool and a second story element that was not approved by the Board at the first site plan approval. The revised pool plans have not been reviewed by staff. Staff recommends denial of the design for the second floor addition because the property would resemble a two story box and because the second story element was done without approval. The applicant, Jorge Lopez, was there to present his case. The application was amended to state that Mr. Lopez is the president of the corporation. Mr. Lopez explained the elevations on the site plan and the construction difficulties he encountered. He stated that the engineer designed a plan that was very difficult to build, but that since the plans were already sealed, he decided to move forward with the project. He explained that he then realized that he needed to add the second story element due to the difficulty and limitations of the design. Mr. Lopez and the contractor were not aware that they needed approval prior to constructing the pool. They also did not believe that the second story element was a big enough change in the site plan to require approval. The Board members discussed all the work that was done without approval. They stated that they want expert testimony on the difficulty of the construction made in Mr. Lopez's statements of why he built before first obtaining approval. After a brief discussion, Mr. Abramitis made a motion to table the case. Mr. Shockey seconded the motion. Motion passed 3-0. PZ04-0826-04 Village Cafe Express(tenant) Leocava Llc. (owner) Todd Leoni, President 9534 NE 2nd Ave. Sec. 400/401: Change of use from medical to take-out rest. Mr. Berg explained the basis of the request, the site conditions, and recommended approval provided a covenant, acceptable to the Village Attorney, stipulating that there will be no tables and chairs and that the business will operate only as a take out restaurant. The applicant is requesting approval for a change of use from medical office to a take-out restaurant. The use will require the same amount of parking so that will not be an issue. Staff is only concern that stools and tables will appear at a later date and that it would become a parking issue. The applicant's representative, Lou Imbergia, was there to present his case. Mr. Leoni explained all the changes in the site and agreed to sign a covenant as stated by staff. The Board members discussed the changes proposed. Mr. Abramitis made a motion to approve staff's recommendations. Mr. Shockey seconded the motion. Motion passed 4-0. PZ04-0826-05 Robert Bourne(owner) William Cate, Agent 285 NE 100 St. Sec. 604: Site plan approval - garage enclosure Planning and Zoning 2 August 26, 2004 • • • Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request. The applicant is requesting approval to enclose a garage at the rear of the property on the site for a den. The front elevation will not change and the rear part of the property will have a door removed and a window added. There is plenty of parking on site with the existing driveway and the remaining two car garage. The Board members inquired about any egress issues in the rear of the property that would create a safety issue. Mr. Berg did not know of any egress issues on the property. The applicant's architect, Bill Cate, was there to present the case. Mr. Crutchfield disclosed that he had spoken to Mr. Bourne in regards to the case. Mr. Cate stated that the garage enclosure will be eight inches above the crown of the road. After a brief discussion, Mr. Crutchfield made a motion to approve the site plan for a garage enclosure. Mr. Abramitis seconded the motion. Motion passed 4-0. PZ04-0826-06 Urkia Hernandez(owner) Mark Campbell, Agent 1213 NE 94 St. Sec. 604: Site plan approval new house Mr. Berg explained the basis of the request, the site conditions, and recommended that the submitted site plan be rejected and re -studied. The applicant is seeking site plan approval for a new, two story, single, family residence at the site. The property is located in a single family (R-25) district on the north side of NE 94 St. and it is not developed. The property represents the east 1/2 of a site plan at 1213 NE 94 St. It was formerly unified with this lot but it was split when part of the house was removed to comply with the setback. A final survey has not been provided so staff is not able to verify that the decision of the property has created a non -conformity. The house is a colonial style house with very little architectural appeal. The architect, Mark Campbell, was there to present the case. Mr. Campbell submitted a document to prove that a Unity of Title does not exist tying the lots together. He explained the current design of the house and he agreed that the design needed more architectural details which would be added in the next phase of his working drawings. Mr. Campbell stated that they would like to stay with the colonial design with the two story element. The Board members inquired about the setbacks. They stated that a final survey is very important in order to see what exists in regards to the setbacks. A covenant that would state that the setback on the west side of the house will always be 11 feet may also be considered. Mr. Campbell agreed to any covenant necessary. The Board members discussed the possible future subdivision and the need for a plat. Mr. Campbell stated that they would have to apply for a new folio number once the plat is divided with a detailed survey showing the current plat, the proposed subdivision, and all the restrictive covenants attached to it. The Board members were concerned that there were no documents showing any restrictions on the plot which may show that the plot cannot be subdivided. They stated that they would need to see a proposed survey with the subdivision, all the elements of the setbacks properly displayed, and an opinion of title that deals with any existing restrictive covenants. The property owner, Urkia Hernandez, discussed the design of the house. The Board members also discussed the proposed colonial design and inquired about a landscaping plan. Mr. Campbell stated that a landscaping plan will be submitted. After a Planning and Zoning 3 August 26, 2004 brief discussion, Mr. Crutchfield made a motion to table the case until all of the concerns • have been addressed. Mr. Abramitis seconded the motion. Motion passed 4-0. PZ -0826-07 Jeff and Elaine Burnside(owners) Sec. 604: Site plan approval 290 NE 98 St. garage enclosure Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request. The applicant is requesting approval for a garage enclosure. The garage enclosure will be used for an office and for storage. A bathroom will also be constructed which will serve as a cabana bath. French doors will be added to the office area. The Board members inquired about the bathroom. Mr. Berg explained that the bathroom will not have a shower or bathtub. After a brief discussion, Mr. Crutchfield made a motion to approve the garage enclosure subject to the covenant which states that the enclosure will not be used as a separate dwelling unit. Mr. Shockey seconded the motion. Motion passed 4-0. ITEM II: APPROVAL OF MINUTES- July 8, 2004 and July 22, 2004 July 8, 2004 Mr. Crutchfield made a motion to approve the July 8, 2004 minutes with the amended corrections. Mr. Shockey seconded the motion. Motion passed 4-0. • July 22, 2004 • Mr. Crutchfield made a motion to approve the July 22, 2004 minutes. Mr. Shockey seconded the motion. Motion passed 4-0. IV. NEXT MEETING. The next meeting will be on September 23, 2004. V. ADJOURNMENT The August 26, 2004 Planning and Zoning meeting was adjourned at 9:20 P.M. Planning and Zoning 4 August 26, 2004