Loading...
12-16-2004 Regular Meeting• MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING DECEMBER 16, 2004 The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, December 16, 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 Sidney Reese W. Robert Abramitis Cesar Sastre • 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 all of the sites. Mr. Crutchfield disclosed that he had visited 9454 NE 4th Ave., 307 NE 99 St., and 309 NE 99 St. Mr. Abramitis disclosed that he visited the Village Cafe and 309 NE 99 St. Mr. Sastre and Mr. Sidney visited all the properties. Chairman Fernandez disclosed that he visited all the properties except 150 NE 94 St. ITEM II: APPROVAL OF MINUTES - The November 18, 2004 minutes were moved to the end of the agenda. ITEM III: SCHEDULE ITEMS PZ04-1216-01 Celeste Rasmussen Pettis 9454 NE 4th Ave. Sec. 523.1: Vinyl siding on exterior walls Mr. Berg explained the basis of the request, the site conditions, and changed his approved recommendation on the memo to denial of the request. Section 523.1 of the zoning code provides for the exterior elements of the wall to be of stone, cement, brick, or tile. The applicant has installed vinyl siding over the original wood siding that was installed on the house in 1934. Mr. Berg explained the definition for non -conforming structures and how those structures cannot be expanded. The Board asked if the original wood is there. Mr. Berg stated that there is currently wood under the vinyl. Mr. Berg also stated that the vinyl looks better than the wood. The property owners, Celeste Rasmussen Pettis and Planning and Zoning 1 December 16, 2004 • • David Pettis, were there to present their case. Mrs. Pettis explained the location and the terrible condition of the wood. She stated that they did everything they could to try to repair the condition of the existing wood but nothing was working. She agreed that a permit was not pulled for the vinyl until after it was installed. Mr. Pettis explained that the wood is about 3 of the top floor and in order to replace those wood pieces the top floor would have to be torn down since the siding is part of the second floor. They hire a license contractor to do the work but he pulled the permit after the fact. They do not want to be jeopardized for the contractor's mistakes. The Board members explained that the code does not allow vinyl or the expansion of a nonconforming structure and therefore they would have to deny the appeal. After further discussion, Mr. Crutchfield made a motion to deny the appeal. Mr. Sastre seconded the motion. Motion passed 5-0. PZ04-1216-04 George Keim 150 NW 94th St. Sec. 604: Site plan approval -garage enclosure Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application subject to: 1. Raising the floor level to meet FEMA standards. 2. Deletion of the exterior door. 3. Completion of a Declaration of Use. 4. Installation of a 5' landscaping strip -cutting back concrete strips. 5. If a wheelchair accommodation is needed, existing exits should be made to meet ADA standards. The applicant is requesting site plan approval to enclose an existing 12'x 29'garage. The enclosure will become a new master bath with a laundry and utility room. The contractor, Adres Ferrer, was present on behalf of the owner. After reviewing the layout of the house and the possible uses for the proposed door in the enclosure, the Board members stated that the door might not have to be removed as mentioned in staff recommendations. The Declaration of Use will be enough to satisfy the issue of the door. The Board members also expressed their concerns in regards to the windows. They wanted the proposed windows to match the existing windows on the house. Mr. Ferrer explained the proposal and the design. He also explained that part of the floor cannot be raised as stated in the recommendations because one of the beams on the roof is low. But the floor level already complies with FEMA standards. Mr. Ferrer agreed to comply with any ADA standards for the future and match all the new windows to the existing windows. After further discussion, Mr. Sastre moved to approve the site plan subject to staff's recommendations excluding the deletion of the rear door and matching all the new windows with the existing windows. Mr. Crutchfield seconded the motion. Motion passed 5-0. PZ04-1216-04 • Timothy Smith Planning and Zoning 2 December 16, 2004 i • • • 309 NE 99th St. Sec. 701: Appeal of admin. Official -turf block in swale Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the appeal. The applicant is requesting an interpretation regarding the use of turf block for paving with grass in between the pavers. He intends to remove the existing circular drive, re -install the driveway in the rear, and install the turf block in the front. Staff does not recommend this design or use of the Village's right of way to this extent. Turf block will allow greater drainage, pavers, and crushed rock will not. Perpendicular parking is not recommended for the right of way. The proposal for 22' of pavers will encourage the continued use of Village right of way for parking. The Board members inquired about engineering provisions. There is a concern regarding emergency vehicles going over the turf black. Concerns were also expressed in regards to the two required street trees in the front of the property and the taking away of green space in the swale area which is what the Board members want to maintain in the Village. Some of the Board members stated that a different design might work better. The property owners, Tim Smith and Cary Murtur, were there to present the case. Mr. Smith explained the design of the turf block. The grass he is using in between the blocks is the grass that is used in golf courses which is very durable. The area will not be used as the main parking space. It will only be used occasionally by guests. Ms. Murtur asked for suggestions in regards to designs that could be used. Some Board members suggested different designs. Their main concerns are the maintenance of the proposed grass that would be used, the proposed design, and the lack of engineer approved plans for the design. Emergency vehicles and service trucks need to be able to go over the blocks without having a concern of cracking them. The property owners will come back with a new design and engineered approved plans. Mr. Crutchfield made a motion to table the case. Mr. Sastre seconded the motion. Motion passed 5-0. PZ04-1216-05 Village Cafe/ Leocava/Todd Leoni 9540 NE 2"d Ave. Sec. 226.5: Outdoor cafe -operation and seating approval The applicant is requesting approval for an open air cafe pursuant to Section 541 of the zoning code. Four tables with 16 seats are proposed under a new store awning that will wrap around the front and the sides. Mr. Berg explained the basis of the request, the site conditions, and recommended approval. Staff's main concerns are the issue of providing 5' clear walkway for pedestrians, that the awning be at least 7' from the ground and that the color is approved by the Board. The agent, Lou Imburgia, was there to present the case. The Board discussed the palm trees, the landscaped bed, and the light post in regards to the positioning of the tables. Mr. Imburgia stated that he would move the tables in order to accommodate the 5' clear walkway requirement. The Board inquired about the awning proposed, any proposed lighting, sealing fans, or outside air conditioning. Mr. Imburgia explained that the wrap around awning will be the same color, material, and height as the current awning. There will be no new lighting on the property or outside air conditioning. The Board also inquired about a maintenance plan. Planning and Zoning 3 December 16, 2004 1 • • • The Village attorney, Richard Sarafan, explained that the ordinance provides an independent obligation on the owner operator to be responsible for maintaining the establishment in a clean and safe condition at all time. It also allows the permit to have additional conditions attached to it if the Board members choose to add certain conditions for higher standards. Mr. Imburgia agreed to any conditions given by the Board. After further discussion, Mr. Crutchfield made a motion to issue a report which complies with the Village's Ordinance and a recommendation to the Village Council recommending approval of the application subject to the tables being arranged so there is at least a 5' pedestrian walkway, the continuous awning having at least 7' of clearance, and no outside air conditioning or additional lighting installed. Mr. Sastre seconded the motion. Motion passed 5-0. PZ04-1216-06 Marguerite Voorhees (owner) and Candido Soare (agent) 307 NE 99th St. Sec. 604: Site plan approval -carport enclosure The applicant is requesting site plan approval to enclose an existing 12' x 19' carport into a storage room, add a rear driveway, and a new circular parking area on the front swale. Mr. Berg explained the basis of the request, the site conditions, and recommended approval. The proposed storage room will not have to be raised to the minimum FEMA level because it is not a habitable area. The proposed construction will not incorporate a window in the front which will compliment the front elevation very nicely. A 5' landscaped strip will provide a break between the driveway and the building. There will be enough parking on the site as a new driveway is being added in the rear of the property and a circular paved area in the front. The Board inquired about the two required street trees. The agent, Candido Soare, was there to speak on behalf of the owner and present the case. The Board members were concerned that the proper party was not before them. Mr. Crutchfield made a motion to table the case until the proper party is before them. Mr. Sastre seconded the motion. Motion passed 5-0. PZ04-1216-02 Dr. Omar Osman(tenant)/ Angel Garcia (owner) 9101 Park Drive Sec. 604: Site plan approval and sign. Sec. 504(0(1): Requesting a wall sign. No one was present for the case. Mr. Sastre made a motion to table the case. Mr. Crutchfield seconded the motion. Motion passed 5-0. IV. DISCUSSION The Board discussed the issue of two story houses being allowed in areas where there are mainly single story houses. They also discussed issues in regards harmony. Planning and Zoning 4 December 16, 2004 1 • • ITEM II: APPROVAL OF MINUTES- November 18, 2004 Mr. Crutchfield made a motion to approve the November 18, 2004 minutes with the amended corrections. Mr. Sastre seconded the motion. Motion passed 5-0. V. NEXT MEETING. The next meeting will be on January 27, 2005. V. ADJOURNMENT The November 18, 2004 Planning and Zoning meeting was adjourned at 9:00 P.M. Planning and Zoning 5 December 16, 2004