MIAMI SHORES VILLAGE

PLANNING AND ZONING BOARD

REGULAR MEETING NOVEMBER 20, 2003

 

The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, November 20, 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 7:08PM) 

                                                Tim Crutchfield

 

 

ALSO PRESENT:                   Al Berg, Planning & Zoning Director

                                                Irene M. Fajardo, Recording Secretary

                                                Richard Sarafan, Village Attorney        

 

Chairman Fernandez explained the procedures in regards to the Planning and Zoning Board and the appeals made by the residents.

 

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

                         

ITEM II: SITE VISITING DISCLOSURE

 

Mr. Crutchfield, Mr. Abramitis, and Mr. Sastre visited all the sites.  Mr. Shockey did not have any disclosures.  Chairman Fernandez disclosed that he visited the properties at 550 NE 101 St. and 9699 NE 2 Ave. 

 

ITEM III: APPROVAL OF MINUTES-October 16, 2003

 

The approval of the minutes was tabled until the end of the meeting.

 

ITEM IV: SCHEDULE ITEMS

 

Case #: PZ03-1016-02

Owner: Miami Country Day School

Address: 10653 NE 6 Ave.

Sec. 301: Zoning district change-Approval of Findings/Recommend

 

Mr. Crutchfiled made a motion to table the case until the end of the meeting.  Mr. Sastre seconded the motion.  Motion passed 5-0. 

 

 

 

Case #: PZ03-1120-01

Owner: Amanda McGovern and Victor Ortegon

Address: 550 NE 101 St.

Sec. 513: Change of facing of building.

 

Mr. Berg explained the basis of the request, the site conditions, and recommended that the request be approved.  The building meets all setback requirements for the front on both sides and will be in harmony with the requested change of the facing.  Mr. Berg stated that this property should be treated as a through lot as it has frontage on two thoroughfares.  Mr. Berg recommended that as a condition of approval, the front setback (25’) be maintained on both 4th Avenue Road and 101 Street, and that the shed located on the 4th Avenue side be removed and relocated to an approved location.  The Board inquired about a construction project on 101 St.  Mr. Berg confirmed that there was construction project in progress and that all the necessary permits were pulled.  The Board inquired about the year that the house was built and whether the perimeter wall on the property was permitted.  They also inquired about a Unity of Title on the property and whether the property owner will agree to relocate the shed.  Mr. Berg addressed all of the Board’s concerns.  The Board proceeded to discuss the importance of setback issues and how public services, such as the fire department and the police, would have access to the property after the proposed change of facing.  The property owner, Amanda McGovern, was there to present her case.  Mrs. McGovern stated that there was no Unity of Title on the property.  She also explained that her current entrance to the property is through the kitchen, which seems more like a back door than a front door.  She discussed several of the remodeling projects that are being done on the property and confirmed that the shed would be removed.  After discussion of the Board, Mr. Crutchfield made a motion to approve the request with staff’s recommendations.  Mr. Sastre seconded the motion for discussion.  After a brief discussion on the changes proposed by Mrs. McGovern the motion passed 5-0.

 

Case #: PZ03-1120-02

Owner: Boris Moroz (owner) Power Project (tenant)

Address: 9025-9037 Biscayne Blvd.

Sec. 504(f)(1): Wall/detached sign approval

 

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the proposal.  The signs meet the code requirements.  The Board discussed the proposed sign on the building and the proposed monument sign.  The Board was concerned about the pylon sign because it states a service and not the identification of a business.  They stated that the pylon signs should be consistent with one another.  Some of the Board members stated that they did not want the pylon signs to look like a billboard.  Chris Russo, the tenant of the property, was there to present his case.  Mr. Russo explained his intentions for both signs.  He explained how he is changing the current aerobics sign located on the building for the tanning sign.  He stated that he did his best to incorporate the tanning detached sign on Biscayne Blvd. to the rest of the signs on the monument.  After further discussion from the Board, Mr. Crutchfield made a motion to approve the approval of both signs.  Mr. Sastre seconded the motion.  Mr. Crutchfield discussed his reasons for making the motion of approval.  He stated that the code was not clear about what is allowed on the monument for pylon signs and recommended, as stated in staff’s recommendations, approval of the proposal.  The Board members were still concerned about the pylon sign and how it describes a service and not an identification of a business.  After a brief discussion, the original motion was withdrawn.  The Board members made two separate motions for the signs.  Mr. Crutchfield made a new motion to approve only the wall sign on the building as submitted.  Mr. Sastre seconded the motion.  Motion passed 5-0.  Mr. Crutchfield made a second motion to approve the proposed pylon sign, the tanning insert, as submitted by the applicant.  Mr. Shockey seconded the motion.  Motion failed to carry 2-3. (Mr. Sastre, Mr. Abramitis, and Mr. Fernandez voted no).

 

Case #: PZ03-1120-03

Owner: David Carlisle/ Aaron Fruitstone(tenant)

Address: 9699 NE 2nd Ave.

Sec. 400/401: Approval of new use-karate school

 

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the use.  Mr. Berg recommended for window signage with white lettering for this site.  He also recommended that the individual signs be placed in the lower window at the front of the property listed together.  The applicant is requesting approval for a karate studio on NE 2nd Ave.  The site plan of the property shows that the school would have plenty of parking.  Karate studios are not specifically an allowed use in B-1, however, exercise and dance studios are.  The applicant also proposes a sign on the NE 2nd Ave elevation, which would identify the name of the business.  They are also proposing five signs on the small windows totaling 41 sq. ft. of signage, which is well beneath what the code allows.  The Board inquired about the use allowed on the B-1 section, the material that will be used for the signs and whether the windows in the rear of the property would be blocked since they are facing other properties.  The Board also raised concerns about the tinting on the windows and the location of the five signs proposed by the tenant.  Discussion was made about the new use proposed on the B-1 section.  The Board stated that this would be a studio and not a school.  The tenant, Aaron Fruitstone, submitted an affidavit showing that he was allowed to speak on behalf of the owner.  Mr. Fruitstone confirmed that this would be a karate studio and not a school.  He explained that the current tinting of the windows is located on the upper side of the bay windows making the rest accessible for viewing.  Mr. Fruitstone stated that he would change the location of the signs to the west frontage and that he would place the signs horizontally in one block of text.  He was not planning on blocking up the rear windows even though it is shown.  The plan that was shown is old.  After further discussion, Mr. Crutchfield made a motion to approve the new use subject to changing the signs to the west frontage of the building, being placed horizontally in one block of text on one glass, and the rear windows not being blocked.   Mr. Sastre seconded the motion.  Motion passed 4-1. (Mr. Abramitis voted no).

 

Case #: PZ03-1120-04

Owner: David and Nancy Dawson

Address: 305 NE 91 St.

Sec. 604: Site plan approval-garage enclosure.

 

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request provided that the F.F.E. issues are resolved and a Declaration of Use is filed concerning the use of the sitting room.  Mr. Berg also recommended that some of the existing swale asphalt be removed and street trees be installed.  The Board discussed the issues mentioned by staff.  They expressed their concerns in regards to the removal of the asphalt and the street trees.  The property owner, Nancy Dawson, was there to present the case.  Mrs. Dawson explained her intentions for the garage enclosure.  She also addressed Mr. Berg’ concerns in regards to the floor elevations and agreed to remove one area of the asphalt in the swale and install additional street trees.  After further discussion, Mr. Sastre made a motion to approve the site plan subject to staff’s recommendations.  Mr. Crutchfield seconded the motion.  Motion passed 5-0.

 

Case #: PZ03-1016-02

Owner: Miami Country Day School

Address: 10653 NE 6 Ave

Sec. 301: Zoning district change-Approval of Findings/Recommend

 

The Board reviewed the Findings of Facts by Mr. Berg in regards to the zoning district change for the school.  After a brief discussion, Mr. Crutchfield made a motion to approve the Findings of Facts made by Mr. Berg in his report.  Mr. Sastre seconded the motion.  Motion passed 5-0.

 

ITEM III: APPROVAL OF MINUTES-October 16, 2003

 

Mr. Crutchfield made a motion to approve the October 16, 2003 minutes with the amended corrections.  Mr. Sastre seconded the motion.  Motion passed 5-0.

 

V. DISCUSSION:

 

The Board discussed the procedures for the final approval of the minutes and whether they needed to be signed by the Chair.  The minutes will be given to the Chair after amended corrections for final approval.

 

VI. NEXT MEETING.

 

The next meeting will be on December 18, 2003.  The Board members will get together with the Chairman in regards to the date for the workshop.

 

VII. ADJOURNMENT

 

The November 20, 2003 Planning and Zoning meeting, was adjourned at 10:00pm.