MIAMI SHORES VILLAGE

PLANNING AND ZONING BOARD

REGULAR MEETING JUNE 19, 2003

The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, June 19, 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

W. Robert Abramitis

Cesar Sastre

Donald Shockey (Arrived at 7:04P.M.)

ALSO PRESENT: Al Berg, Planning & Zoning Director

Irene M. Fajardo, Recording Secretary

ABSENT: Tim Crutchfield

Richard Sarafan, Village Attorney

Mr. Berg swore in all those participating in the meeting.

The Board members disclosed that they had visited the sites.

ITEM II: APPROVAL OF MINUTES-May 15, 2003

Mr. Crutchfield had previously contacted the clerk to request some corrections to the minutes of May 15, 2003. Copies of the letter with the requested corrections were submitted to the Board members. After further discussion, Mr. Abramitis made a motion to approve the May 15, 2003 minutes without any changes. Mr. Sastre seconded the motion. Motion passed 4-0.

ITEM III: SCHEDULE ITEMS

Case #: PZ03-0417-02

Owner: Boris Moroz/Beauty Supply

Address: 9017 Biscayne Blvd.

Sec.504.1: Sign area-neon tubing (outline lighting).

Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the request. Mr. Berg explained that the proposal is not within applicable code guidelines and that it is inconsistent with the other signs the Board has approved. There is no other business in the Village with the type of sign requested. Lincoln Figueroa was there to represent the contractor and present the case. Mr. Figueroa stated that he would remove the neon tubes entirely and only keep the name sign. The Board stated that further information in regards to the name sign should be submitted in order to obtain approval. After further discussion, Mr. Abramitis made a motion to deny the request. Mr. Shockey seconded the motion. The motion passed 4-0.

Case #: PZ03-0619-01

Owner: Walgreens

Address: 9020 Biscayne Blvd.

Sec. 504(f): Sign replacement.

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application. The proposed sign would be centered on the east elevation to replace the liquor sign. Lisa Peterson, the contractor for Interstate Sign Crafters Inc, was there to present the case. Ms. Peterson had no further comments. After a brief discussion, Mr. Abramitis made a motion to approve the request. Mr. Sastre seconded the motion. Motion passed 4-0.

Case #: PZ03-0619-02

Owner: Real Property Inc./Ameritrust Title

Address: 216 NE 98 St.

Sec. 504(f): Sign replacement.

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application. Mr. Cudlip was there to present that case. Mr. Cudlip had no further comments. After further discussion, Mr. Sastre made a motion to approve the request. Mr. Shockey seconded the motion. Motion passed 3-1. Mr. Fernandez voted no. He did not see the difference between the sign requested and a billboard sign.

Case #: PZ03-0515-03

Owner: Joseph and Elizabeth Day

Address: 1032 NE 98 St.

Sec. 604: Site plan approval for garage enclosure.

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application provided that the floor elevation of the enclosure meets minimum elevation standards, and that a declaration of use is filed regarding the enclosure. Mr. and Mrs. Day were there to present their case. Both owners agreed to comply with all of staff’s recommendations. The Board members stated that they liked the plans for the addition and the enclosure. After a brief discussion, Mr. Sastre made a motion to approve the site plan subject to staff’s recommendations. Mr. Abramitis seconded the motion. Motion passed 4-0.

Case # PZ03-0220-08

Owner: Jorge and Nancy Fernandez

Address: 10641 NE 11 Ct.

Sec. 604: Modified site plan

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the amended site plan with the provision of 12’ trees instead of 8’. He also explained that the proposed masonry wall will help contain the rainwater runoff which was a previous concern of the Board. Mr. Berg explained the changes in the driveway and agreed that all the proposed changes were recommended except the for the 8’ trees. The Board members inquired about the retaining masonry wall. Mr. Berg explained that if there was ever an overflow of water with the retaining wall, he would address it immediately. The applicant, Jorge Fernandez, agreed to comply with staff’s recommendations and had no further comments. The Board members stated that the liked the amended plan. After a brief discussion, Mr. Sastre made a motion to approve the amended site plan subject to staff’s recommendations. Mr. Shockey seconded the motion. Motion passed 4-0.

Case #: PZ03-0619-03

Owner: Irwin Boruchow

Address: 950 NE 95 St.

Sec. 518(b): Front yard-3 ½ picket fence.

Mr. Berg explained the basis of the request, the site conditions, and recommended approval for the fence request provided that the fence material changes to wood or aluminum instead of vinyl. The architect, Mark Campbell, was there to represent the owners and present the case. Mr. Campbell stated that he would change the fence to iron metal. The Board members asked Mr. Berg if the fence would line up with the neighbor’s fence. Mr. Berg answered yes. After a brief discussion, Mr. Sastre made a motion to approve the fence subject to staff’s recommendation. Mr. Abramitis seconded the motion. Motion passed 4-0.

Case #: PZ03-0619-04

Owner: Jim and Dawn Halliday

Address: 660 NE 105 St.

Sec. 400/401: Schedule of Regulations-requesting a variance of rear yard setback of 2’ for deck, where 5’ are the required and 3’ for pool where 7 ½ are required.

Mr. Berg explained the basis of the request, the site conditions, and recommended that the variance request be denied. Mr. Berg explained that a previous variance was requested and denied for the same thing, and that nothing new had been submitted. He also stated that there is nothing unique about the property to warrant the granting of a variance for a pool. As previously stated, the current wide patio area is the reason why the location of the pool is so close to the property line. The pool would fit on the site if the deck is made smaller. Reasonable use of the property can be made without a variance. The Board discussed the conditions of some of the houses that abut the golf course. The Chairman. Fernandez opened the hearing for public comments. Steve Hass and Glinys Benson, who are close neighbors of the applicants, stated that they did not mind the request and were present to support it. Chairman Fernandez closed the hearing for public comments. The Board members briefly reviewed that plans and stated that a reasonable use of the property can be made without a variance. After a brief discussion, Mr. Abramitis made a motion to deny the variance. Mr. Shockey seconded the motion. Motion passed 4-0.

Case #: PZ03-0619-05

Owner: Alfred and Nancy Dowson

Address: 305 NE 91 St.

Sec. 400/401: Schedule of Regulations-requesting a variance of 7 ½ rear yard, where 15’ are required; Sec. 521(b)(2): requesting driveway width of 30’ where only 20’ is allowed.

Mr. Berg explained the basis of the request, the site conditions, and recommended that the variance request be denied. Mr. Berg stated that there is nothing unique about the site, and that the applicant can make reasonable use of the land without a variance. Mr. Dowson and the architect were there to present the case. The architect stated that there were changes made to the plans, but that Mr. Berg did not review the changes. He agreed to remove the existing asphalt paving areas on the swale, reduce the driveway to 20’, and change the garage door to a double single door. Chairman Fernandez read the variance requirements and stated that there was nothing unique about the property. The Board members also stated that the applicant needs to come back with the proposed changes and present them to Mr. Berg before the meeting. After further discussion, Mr. Abramitis made a motion to deny the variance request. Mr. Sastre seconded the motion. Motion passed 4-0.

Case #: PZ03-0619-06

Owner: Robert Jose De Ycaza

Address: 924 NE 98 St.

Sec. 701: Appeal of the Admin Official and staff’s interpretation of the side and rear yard setbacks.

Mr. Berg explained the basis of the request, the site conditions, and recommended guidance from the Board since the site condition has basis for interpretation. Staff’s position is that the side yard is the diagonal line of the site plan because the definition lends itself to that conclusion. The front yard is usually opposite the rear yard by Dade County definition. The rear is along 39.95’ of the alley. The property has been constructed with a 10’ setback along the diagonal line. If that were the rear yard, it would have been constructed with a 15’ setback and not a 10’ setback. Some of the Board members stated that the drawings were not accurate in showing what is currently on the property since the survey is older than five years. The applicant Robert Jose De Ycaza, was there to present the case. Mr. Ycaza stated that in his opinion, a rear yard is anything that is behind the front property line of the building. Some of the Board members interpreted a rear yard the same way. The Board members reviewed the site plan several times. They discussed prior Board approvals in regard to the same matter. They also reviewed and discussed the Village’s zoning code that defines both the side and rear yards. After further discussion, Mr. Sastre made a motion to uphold the Admin. Official’s decision and deny the appeal. Mr. Abramitis seconded the motion. Motion passed 4-0.

III. NEW BUSINESS:

The Board discussed the proposed additional Planning and Zoning meeting. They inquired as to the cost of additional staff if they added a meeting. No final decisions were made. Mr. Berg will discuss the matter with the Village Manager, Tom Benton for further insight.

IV. NEXT MEETING.

The next meeting will be on July 17, 2003

V. ADJOURNMENT

The June 19, 2003 Planning and Zoning meeting was adjourned at 8:30P.M.