04-28-2005 Regular Meeting1
MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD
REGULAR MEETING April 28, 2005
The regular meeting of the Miami Shores Planning and Zoning Board was held on
Thursday, April 28, 2005, 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
Sid Reese
W. Robert Abramitis
Cesar Sastre (arrived at 8:15 PM)
ALSO PRESENT: Al Berg, Planning & Zoning Director
Richard Sarafan, Village Attorney (Absent)
Emilia S. Palmer, Recording Secretary
Mr. Berg swore in all those participating in the meeting.
Chairman Fernandez disclosed that he visited 1360 NE 103 St and 301 NE 101 St
Mr. Satre disclosed that he visited all the sites.
Mr. Abramitis disclosed that he visited 301 NE 101 St, 1360 NE 103 St. and before last
meeting he visited 344 NE 102 St.
Mr. Reese disclosed that he visited all the sites
Mr. Crutchfield disclosed that he visited 301 NE 101 St and 344 NE 102 St
ITEM II: APPROVAL OF MINUTES -
The February 24, 2005 and March 24, 2005 minutes were moved to the end of the
agenda.
ITEM III: SCHEDULE ITEMS
PZ05-0224-04
James Smith (architect)
Simone Mayer (owner)
301 N.E. 101St Street
Sec. 604: Site plan approval -garage enclosure, a second story addition, Sec. 523.1:
variance -requesting flat roof addition in front where code requires flat additions in the
rear.
Mr. Berg stated that this application had been tabled twice by the Board before. He also,
411 submitted pictures to the board of flat roof structures. Mr. Berg explained the basis of the.
Planning and Zoning
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request and the site conditions and recommended denial of the site plan as the massing of
the building, the fact that it will be up front, close to the sidewalk instead of at the rear of
the building, where the scale of the addition would be less imposing. He also,
recommended denial of the variance request for a flat roof and the proposed site plan.
Mr. Berg stated that the applicants are requesting site plan approval for a garage
enclosure and a second story addition. The applicants are also requesting an approval
variance to erect a flat roof in front where the code requires flat roofs to be erected in the
rear within the prolongations of the building. During his term on the Planning and Zoning
Board Chairman Fernandez stated that the only flat roof addition to a flat roof structure
that has been permitted is St Rose Catholic Church in a C- District. Mr. Crutchfield
stated the Section 523.1 applies to flat roofs in all districts. Mr. Crutchfield felt that a
variance is not necessary. The applicants, Simone Mayer (owner), Maida Perez (co-
owner), and James Smith, her agent and President of Smith & Smith Design, were there
to present the case. Ms. Perez stated that the ordinance does not apply to her property.
She also stated that a pitched roof will not look appropriate for her property. Chairman
Fernandez asked if they can have reasonable use of the property without granting a
variance and Mr. Smith responded no. Mr. Smith presented pictures to the board and
explained that the architectural structure of the house is harmonious with the other
properties. After further discussion from the Board, Mr. Crutchfield made a motion to
approve the site plan, subject to a Declaration of Use and a parking area for safety. Mr.
Reese seconded. Motion failed (2-3). (Mr. Sastre, Mr. Abramitis, and Chairman
Fernandez voting no). Chairman Fernandez stated that he can't approve the application
without approving the variance. Mr. Crutchfield made a new motion to approve the
variance for flat roof addition. Mr. Reese seconded. Motion failed (2-3) Mr. Sastre, Mr.
Abramitis, and Chairman Fernandez voting no.
PZ05-0428-01
Monica & Christopher Savits (Owners)
1360 NE 103 St
Sec. 400/401: Sched. Of Reg. Requesting side yard variance of 2' where 10' are required.
Mr. Berg explained the basis of the request, the site conditions, and recommended denial
of the request. There is nothing peculiar to the land or structures that are not applicable
to other structures in the district. Mr. Berg stated that a courtesy notice had been given to
Mr. Savits for the pavers that were installed not according to the permit. Mr. Christopher
Savits and Mr. Andrews S. Atkins of Shevlin & Atkins were present. The applicant is
requesting a variance to allow a side yard setback of 2' where 10' is required for a
driveway that has already been installed. Mr. Savits stated the contractor made a mistake
in installing the driveway. He also stated that the trailer is not for commercial storage.
After further discussion from the board, Mr. Crutchfield made motion to deny the
application for a variance. Mr. Sastre seconded. Motion passed 5-0.
PZ05-0428-04
John and Marta Weaver (owners)
344 NE 102 St
Planning and Zoning
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Sec. 401: Sched. of Regulations -requesting variance to allow a 6' side yard where the
code requires a 10' setback.
Mr. Berg stated that this application was tabled by the Board before. Mr. Berg explained
the basis of the request, the site conditions, and recommended denial of the request.
There is nothing peculiar to the land or structures that are not applicable to other
structures in the district. Mr. John Weaver was there to present the case. The applicant is
requesting a variance to Sec. 400/401, Schedule of Regulations to allow side yard setback
of 6'1" where 10' is required. The proposal will create non -conformity with the side yard -
setback. The garage, in the rear, will be demolished, reducing the non -conformity. The
applicants seek to extend the house while keeping 6' 1" setback to the east in order to
accommodate his growing family. Mr. Sastre wondered if the property was Historically
Designated. Mr. Fernandez stated that Mr. Weaver can have reasonable use of the
property without granting a variance, and explained about the Historical Preservation
Board. After discussion from the Board, Mr. Crutchfield made a motion to table the
application. Mr. Sastre seconded Motion passed (5-0).
ITEM II: APPROVAL OF MINUTES -
Mr. Crutchfield made a motion to approve the February 24, 2005 minutes with the
amended corrections. Mr. Abramitis seconded the motion. Motion passed 5-0
Mr. Crutchfield made a motion to approve the March 24, 2005 minutes with amended
corrections. Mr. Reese seconded. Motion passed 5-0.
V. NEXT MEETING.
The next regular meeting will be on May 26, 2005.
V. ADJOURNMENT
The April 28, 2005 Planning and Zoning meeting was adjourned at 9:30 P.M
Emilia Palmer, Recording Secretary Chairman, Planning & Zoning Board
Planning and Zoning 3 April 28, 2005`