MIAMI SHORES VILLAGE

PLANNING AND ZONING BOARD

REGULAR MEETING AUGUST 21, 2003

 

The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, August 21, 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 

 

ALSO PRESENT:                   Al Berg, Planning & Zoning Director

                                                Irene M. Fajardo, Recording Secretary

                                                Richard Sarafan, Village Attorney                                

                                               

ABSENT:                                Tim Crutchfield

 

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

 

The Board members disclosed that they had visited the sites.

 

ITEM II: APPROVAL OF MINUTES-July 17, 2003

 

Mr. Abramitis made a motion to approve the July 17, 2003, minutes with the amended corrections.  Mr. Sastre seconded the motion.  Motion passed 4-0.

 

ITEM III: SCHEDULE ITEMS

 

Case #: PZ03-0821-01

Owner: Georgette Kluck. (owner)

Address: 9701 NE 5 Ave.

Sec.518 (a) (b): Requesting a variance to allow a 4’ wooden fence in the front yard where the code only allows 3 ½ picket with Planning and Zoning approval.

 

Mr. Berg explained the basis of the request, the site conditions, and recommended to deny the variance request.  Mr. Berg gave a brief presentation showing maps of similar situated properties and the surrounding neighborhood.  He explained that the property is unique only in that it is located along a road that is diagonal.  The front setback of the house has the same orientation as the other houses on N.E. 5th Avenue Road.  Mr. Berg also explained that the literal interpretation does not make it impossible to comply with the code and does not create a hardship.  Mr. and Mrs. Kluck were there to present the case.  Mrs. Kluck believes that the fence is located in the backyard and not the front yard as Mr. Berg stated.  The Board inquired about the particular circumstances of plat for corner lots, the fence height, and line of sight issues.   Mr. Berg explained the setback requirements for corner lots and the line of sight issue.  The Board also inquired about the location of the pool.  Mr. Berg explained that Mrs. Kluck can comply with the code and with Miami-Dade County fencing requirement for pools by installing a 4’ high fence at the front setback line of 25’ which is along the patio.  Chairman Fernandez inquired about the requirements for a variance and whether Mrs. Kluck had other options.  Mrs. Kluck agreed that there were other options but she felt that keeping the fence as is would be more harmonious.  After further discussion, Mr. Abramitis made a motion to deny the variance request.  Mr. Shockey seconded the motion.  Motion passed 4-0.

 

Case #: PZ03-0821-02

Owner: Wendy Crawford

Address: 164 NW 92 St.

Sec. 400/401: Requesting a variance of rear setback of 3 ½’ where 5’ are required for a deck; requesting a 3’ setback where 7 ½’ are required for a pool.

 

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the variance request.  Mr. Berg explained that the unique feature of the property is the 3 ½ feet diameter oak tree that affected the placement of the house.  Because of the tree, the house had to be shifted back, almost eliminating the entire back yard.  The front setback of the house was adjusted from 25’ to 28.’  These are the 3’ that the applicant is requesting for the variance in order to install a therapy pool.  The applicant, Ms. Crawford and her friend John Cadon, were there to present the case. Ms. Crawford submitted a letter from Miami Physical Therapy Associates that explains the physical condition of the applicant and the benefits for having a therapy pool.  The Board reviewed the evidence given by Ms. Crawford.  Mr. Cadon inquired about whether the physical condition of the applicant could be a variance requirement.  The Board explained that the peculiar conditions must exist on the property.  The Board agreed that some peculiar conditions do exist, but not enough to not be able to make reasonable use of the property.  After further discussion, Mr. Shockey made a motion to grant the variance request.  Mr. Sastre seconded the motion.  Motion failed to carry 2-2. (Mr. Fernandez and Mr. Abramitis voted no). 

 

Case #: PZ03-0821-03

Owner: Roger Griffin

Address: 164 NW 92 St.

 

The applicant Roger Griffin was not present.  Mr. Shockey made a motion to table the case until the following meeting.  Mr. Sastre seconded the motion.  Motion passed 4-0.

 

Case#: PZ03-0821-04

Owner: Michael Finkelstein

Address: 1297 NE 103 St.

 

Mr. Berg explained the basis of the request, the site conditions, and recommended that the Board review the elevation drawings and the site plan.  Mr. Berg believed that the scope of the work exceeds a simple addition and that the work involved is more similar to a new house than an addition.  The proposed construction entails removal of the entire roof, demolition of almost all of the interior walls, and additions to the rear of the structure and the front entry of the building.  Mr. Berg concluded by stating that he recommended approval of the new house.  The applicant, Michael Finkelstein, was there to present the case.  Mr. Finkelstein explained the changes that he was planning to make on the existing property.  The Board enquired about the setback requirements and about street trees.  Mr. Finkelstein agreed to comply with two street trees in the front.  Mr. Berg confirmed that the applicant met all the setback requirements.  Mr. Shockey inquired about a landscaping plan since it is part of the procedure for a site plan approval of a new house.  The applicant did not submit a landscaping plan.  After further discussion, Mr. Abramitis made a motion to approve the site plan with the condition that two street trees will be planted in the front of the property.  Mr. Sastre seconded the motion.  Motion passed 4-0.

 

IV. DISCUSSION:

 

The Board agreed to disclose that they had visited the properties on the agenda at the beginning of every meeting.  The disclosure will be added as an item in the beginning of the agendas

 

V. NEXT MEETING.

 

The next meeting will be on September 18, 2003.

 

VI. ADJOURNMENT

 

The August 21, 2003 Planning and Zoning meeting was adjourned at 8:45P.M.