LimeBike Memorandum of Understanding

MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING MAY 27, 2004

The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, May 27, 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

W. Robert Abramitis 

Donald Shockey (Arrived at 6:36 P.M.)

Cesar Sastre (6:34 P.M.)

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 the sites.

ITEM II: APPROVAL OF MINUTES-March 25, 2004-April 22, 2004

The minutes were not ready for approval

ITEM III: SCHEDULE ITEMS

 

PZ04-0226-03

Machado Investments
D.F. Builders (agent)
469 NE 91 St.

Sec. 604: Site plan approval
new house

All the Board members, except for Mr. Shockey, stated that they visited the sites. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application provided the front window is reduced in size, that the house be constructed at 8" above the crown of the road, and that the site is graded to prevent runoff of rain water onto adjacent properties. The applicant, Ricardo Rodriguez, did not want to make a presentation. The Board inquired about the location of the trees on the site as they pertain to the energy conservation zone. They also discussed the proposed double garage in the front of the house. Overall, the site plan submitted reflects a sincere effort to design a house that will be a notable addition to the neighborhood. Mr. Sastre made a motion to approve the site plan subject to staff's recommendations. Mr. Abramitis seconded the motion. Motion passed 4-1. Mr. Crutchfield voted no.

 

PZ04-0226-04

Claudio and Maria Rodríguez
10090 NE 12 Ave. 

 Sec.604: Site plan approval
 new house

 

All the Board members, except for Mr. Shockey, stated that they visited the sites. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application provided that the height of the wall and fence in the front yard is limited to 42", the height of the house is limited to 30", and the finish floor elevation conforms to Dade County standards. Mr. Berg explained that the proposed two story house will not look out of scale for the neighborhood as there are others along NE 12th Ave that are two story. The facing along NE 12th Ave. is not an issue since there is a sufficient mix of houses that face that avenue. The architect has chosen 101 St. as his front yard and NE 12th Ave. as his street side. The Board members expressed their concerns in regards to the facing of the house in NE 12th Ave. and how that would affect the setback requirements and the issue of height limitations for the fence on the east side of the property. They also stated that a 4' fence is mandatory around the pool. They had discussion of a covenant that would limit the height of the fence facing 12th Ave. The Board also discussed the elevations of the house and the front entrance feature not being harmonious with the rest of the properties in the neighborhood. The applicant, Claudio Rodriguez, and his architect, Nino Pender, were there to present their case. They agreed to a covenant for the fence restrictions and a 4' fence around the pool. The applicant amended their application to include such changes. After further discussion, Mr. Sastre made a motion to approve the site plan subject to staff's recommendations and pursuant to a covenant as agreed by the applicant to request Board's approval for the fence on the east side of the property which is 12th Ave. The Board had a brief discussion after the motion. Mr. Shockey discussed the front entrance feature of the house as not being harmonious with the neighborhood and Mr. Crutchfield requested a covenant for the setbacks. After discussion, Mr. Abramitis seconded the motion. Motion passed 3-2. (Mr. Shockey and Mr. Crutchfield voted no).

 

PZ04-0422-02

Orlando Crespo
9600 N. Miami Ave.

Sec.604: Site plan approval
garage enclosure

 

All the Board members, except for Mr. Shockey, stated that they visited the sites. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request provided that a Declaration of Use is filed, the floor level is brought up to minimum county standards, and a five foot landscape space is provided between the driveway and the garage enclosure. The applicant, Orlando Crespo, did not want to make a presentation. After the Board members reviewed the plans once again, Mr. Crutchfield made a motion to approve the site plan subject to staff's recommendations. Mr. Sastre seconded the motion. Motion passed 5-0.

PZ04-0422-04

Greater Miami Neighborhoods
11016 NW 2 Ave.

Sec. 604: Site plan approval
new house

 

All the Board members visited the property. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application as it meets minimal requirements. Mr. Berg stated that the trees on the lot were undersized and that two of the trees must be in the energy conservation zone. Eugena Anderson, the Project Developer, was there to represent the owner. Ms. Anderson explained that the new house will be sold as a single family residence and that the owner will comply with all the tree requirements necessary. The Board inquired about the undersized trees and the ones that should be located in the energy conservation zone. After a brief discussion, Mr. Crutchfield made a motion to approve the application subject to changing the 10' trees to 12' trees and moving the tree located in the rear of the property to the energy conservation zone. Mr. Sastre seconded the motion. Motion passed 5-0.

 

PZ04-0325-04

Alex Riguero
9315-9325 Park Drive

Sec. 504(f)(1): Wall signs

 

All the Board members visited the property. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the logo and the sign for "FOH" which is 15" x 52" long as it is not in character with the rest of the 4" letters. Mr. Berg recommended approval for the rest of the signs. The applicant, Alex Riguero, was there to present his case. Mr. Riguero wanted the logo on the sign because it matches the logo on the business cards. The Board requested for the applicant to reduce the size of the logo. Mr. Riguero did not have any problems in reducing the logo. The Board members discussed their concerns about approving logos in the Village. Some members stated that the colors used were their main concern. After a brief discussion, Mr. Crutchfield made a motion to approve the logo subject to reducing it to 9" in height and proportionally reducing the length. Motion passed 3-2. (Mr. Fernandez and Mr. Abramitis voted no).

 

PZ04-0325-04

Alex Riguero
9315-9325 Park Drive

Sec. 504(f)(1): Wall signs

Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the detached sign. The existing detached sign is located in the side yard setback, is next to the driveway and it blocks the safe site distance triangle for existing vehicles. He recommended approval of the other five signs on the building since he feels that the uses have been clearly identified with those signs without the need of a detached sign. The applicant, Alex Riguero, was there to present the case. Mr. Riguero stated that he believed that the detached sign did not cause any problems of visibility for the vehicles. The Board discussed the location of the detached sign and whether or not it would present a problem. After a brief discussion, Mr. Sastre made a motion to approve the five signs on the building pursuant to staff's recommendations and denial of the detached sign. Mr. Crutchfield Seconded the motion. Motion passed 5-0.

 

PZ04-0422-05

Barry University
400 NW 115 St.

Sec. 604: Site plan approval
new medical science building

All the Board members visited the site. Some Board members had prior discussions with representatives of Barry University. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request provided that the open courtyard "hat" is lowered to line up better with other building rooflines. Mr. Berg stated that the new look of the building has improved dramatically. The elevations have more windows and the landscaped trellis will soften the look of the wall. The current shuttle system has been operation very smoothly. The architect, Ed Cannon, was there to present the case. Mr. Cannon spoke about the linear park and explained the proposed designed for the building. The Board members discussed the elevations of the building as shown on the plans. Some members agreed that the "hat" on the open courtyard needs to be lowered. Mr. Cannon explained that the "hat" was intended to be a visible design element. The Board members expressed their concerns in regards to the large paved area between the linear park, the lack of a landscaping plan, and the existing parking structure. Some members stated that the existing parking structure does not match the design of the current building. They continued to discuss the design of the building as not been in harmony with the feel of the Village. They asked Mr. Cannon to explain all the changes made from the previous presentation. Mr. Cannon explained the changes. Chairman Fernandez stated that most of the changes are located in the interior of the building so the Board members should not see the plans as architectural review. The Board members also discussed the proposed landscaping. After further discussion, Mr. Sastre made a motion to approve the site plan subject to staff's recommendations and a covenant for the parking. Mr. Fernandez seconded the motion. Mr. Cannon agreed to reduce the pavement between the linear park. Motion passed 3-2. (Mr. Shockey and Mr. Abramitis voted no).

 

PZ04-0527-01

Christobal Gil
Verona Apartments
9040-9050 NE 8th Ave.

Sec.: 604: Site plan approval
2nd Story addition.

All the Board members visited the site except for Mr. Crutchfield. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the project which will represent a significant upgrade to the area. Mr. Berg stated that the applicant needs 20 (12') total on site and seven bushes (24") per tree. The applicant, Christobal Gil, was there to present the case. The Board expressed their concerns in regards to the color of the tiles for the new roof, the proposed stairwell, and the landscaping. They inquired about the zoning of the property and whether the current parking on the property meets code. Mr. Berg stated that the current parking does not meet the code but that the applicant is proposing to upgrade the parking lot to standard spaces and proper isle widths with landscaping and street trees. The property is located on an A-1 zone which allows for 31 units per acre. The applicant will only be adding four more units, bringing the total to twenty units. The Board discussed the landscaping proposed and the tiles of the new roof. The Board members were not satisfied with the proposed landscaping. After further discussion, Mr. Sastre made a motion to approve the site plan with the following conditions:

  • · New roof will have to match existing roof..
  • · Shade trees must be 12'.
  • · Each parking island must have one shade tree per island.
  • · There will be sufficient bushes, 24" in size.

 

Mr. Abramitis seconded the motion for discussion. Mr. Shockey discussed the lack of green space on the property. He also discussed the setback requirements for the front elevation. The applicant needs to meet the 10' setback requirement on the north elevation. After further discussion, Mr. Sastre made a new motion to table the case until all the concerns of the Board are addressed. Mr. Shockey seconded the motion. Motion passed 5-0.

 

PZ04-0527-02

Thomas and Monica Wensjoe
10015 Biscayne Blvd.

Sec. 513: Building-
front facing

 

All the Board members visited the site. Mr. Berg explained the basis of the request, the site conditions, and recommended approval with the condition that a covenant be recorded acknowledging that the original setbacks established for the building be maintained. This would allow an address change without a change in the facing. The applicant, Monica Wensjoe, was present. She did not give a presentation for her case. After a brief discussion, Mr. Crutchfield made a motion to approve the application. Mr. Shockey seconded the motion. Motion passed 5-0.

 

PZ04-0527-03

Boris Moroz
Shores Square Plaza
9009-9071 Biscayne Blvd.

Sec. 604: Site plan approval
signs

 

All the Board members visited the site except for Mr. Shockey. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the request. The size of the signs needs to be studied. The applicant, Boris Moroz, was there to present the case. Mr. Moroz explained his intentions for the detached signs. He stated that they will help locate the property and the businesses on the property. The Board discussed the size of the signs on the B-2 district. The Board members stated that the size of the detached signs should be restudied. Mr. Moroz walked out of the chambers before a motion was made. After a brief discussion, Mr. Abramitis made a motion to table the case. Mr. Shockey seconded the motion. Motion assed 5-0.

 

PZ04-0527-04

Steven Baird
Parry Real Estate
179 NE 96 St.

Sec. 504(f)(1): Window signs

 

All the Board members visited the site. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application. The applicant, Steven Baird, was there to present the case. Mr. Beird gave a brief presentation for his case. After a brief discussion, Mr. Crutchfield made a motion to approve the sign. Mr. Abramitis seconded the motion. Motion passed 5-0.

PZ04-0527-05

Julian Rovito
220 NE 105 St.

 

 

 

Sec. 400/404: Schedule of
Regulations-requesting a
variance of 1'8 where 10'
are required and 2'8 where
10' are required for a side
yard setback.

Mr. Crutchfield and Mr. Abramitis visited the site. Mr. Berg explained the basis of the request, the site conditions, and recommended that the request be tabled for thirty days while staff reviews the layout of the applicant's floor plan and the ADA requirements regarding width, ramps, and turning radii. The applicant is proposing two install walkways on both sides of the property. Both walkways will result in setback encroachments on both sides of the property. The applicant, Julian Rovito, was there to present the case. Mr. Rovito explained that the walkways were proposed for his grandmother who is wheelchair bound. The Board discussed the need for two walkways on the house. They stated that they wanted to see the interior architectural design of the house and how the design relates to their proposal. The Board members were concerned about having multiple exists on the property. After further discussion, Mr. Crutchfield made a motion to table the case. Mr. Sastre seconded the motion. Motion passed 5-0.

 

PZ04-0527-06

Michael Finkelstein
1297 NE 97 St.

Sec. 518(b): 3 ½ wall in front  
yard.

 

Mr. Crutchfield visited the site. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request. The applicant, Michael Finkelstein, was there to present the case. Mr. Finkelstein did not add anything further to Mr. Berg's presentation. The Board was concerned that the survey presented was more than a year old and that the light fixtures that the applicant wants to propose might be to high. Mr. Berg explained the intention of the light fixtures as a decorative element. After a brief discussion, Mr. Crutchfield made a motion to approve the application. Mr. Shockey seconded the motion. Motion passed 4-0. (Chairman Fernandez was not present to vote).

 

PZ04-0527-08

Michael Weber 
991 NE 93 St.

Sec. 604: Site plan approval
garage enclosure

 

Mr. Sastre and Mr. Abramitis visited the site. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the request provided that the gravel driveway is paved to accommodate the vehicles. Mr. Berg also explained that the floor level will have to be raised to meet minimum Dade County standards and an elevation certificate needs to be filed. The applicant, Michael Weber, was there to present the case. Mr. Weber did not add anything further to Mr. Berg's presentation. After a brief discussion, Mr. Crutchfield made a motion to approve the site plan subject to staff's recommendations, raising the floor level to meet Dade County standards, and paving the driveway. Mr. Sastre seconded the motion. Motion passed 5-0.

 

PZ04-0524-08

Miami Country Day School
10653 NE 6 Ave.

Sec. 604: Site plan approval-
new, 2 story classroom

 

Mr. Abramitis had a conversation with Mark Ulmer and he visited the site. Mr. Fernandez had conversation with John Davis. Mr. Crutchfield had conversations with Mark Ulmer and visited the site. Mr. Sastre had a conversation with Mr. Davis and visited the site. Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the site plan. The Board members discussed the required parking with the addition included and the proposed elevations. They were concerned that there was no landscaping plan submitted. Mr. Berg stated that the current landscaping on the property is sufficient to satisfy any requirement. The head master of the school, John Davis, was there to present the case. The attorney, Mark Ulmer, and the architect, Paul Gerkis, were also there to present he case. Mr. Gerkis explained the current changes made to the site plan from a previous presentation made to the Board. He described the design of the building, the elevations, and explained how the parking will meet the requirements. He also discussed the current landscaping on the property. The Board members reviewed all the changes explained by Mr. Gerkis. They also had discussion in regards to the applicant obtaining Unity of Title with the Village, a covenant of easement to maintain facade, and a covenant for parking to comply with Miami Shores parking requirements which would be 5 to 8 parking spaces depending on the use of the building. The requirement is one parking space per room plus an additional parking space for an employee. The use would be either for elementary school or for high school. The Board approved the design of the building. After further discussion, Mr. Crutchfield made a motion to approve the site plan subject to the following:

  • · A covenant for Unity of Title with a non-severability requirement.
  • · A legal description designating the parking spaces to be allocated to the buildings on the site.
  • · A facade covenant
  • · A covenant not to construct any permanent structures west and/or south of the structures approved
  • · in this site plan.

 

Mr. Sastre seconded the motion. Motion passed 4-0.

 

PZ04-0527-10

Marianne Cook
Gordon Loader 
360 NE 105 St.

Sec. 604: Site plan approval
2nd story addition; 400/401:
requesting a variance for a
driveway with a 5' side setback where 10' are required

All the Board members visited the site except for Chairman Fernandez. Mr. Berg explained the basis of the request, the site conditions, and recommended denial of the variance request and recommended that the site plan/addition be re-studied for uniformity with the existing structure. The Board inquired about the hardships of the property that would qualify it for a variance. The architect, Gordon Loader, was there to present the case. The owner, Marianne Cook, was also present. Mr. Loader explained the reason for the proposed addition to the property and the need for a variance for the driveway. Some Board members believed that the modern design of the addition was not harmonious with the current ranch styled house. The Board then discussed the variance request for the driveway and stated that there was still reasonable use of the property without the variance. After further discussion, Mr. Crutchfield made a motion to approve the application with the exception of the variance for the new driveway. Mr. Sastre seconded the motion for discussion. Some members stated that the proposed circular window on the addition could be reduced. There was discussion of the parking on the property and the proposed design. Mr. Crutchfield amended his motion and added that a cut back be made to the existing driveway 5' from the building. Mr. Sastre seconded the amended motion. The Board members voted 1-4. Chairman Fernandez stated that both issues should be denied together so that the applicant can bring a unified plan for the members

PZ04-0527-11

Lawrence Carroll
Hermine Ricketts 
53 NE 106 St.

Sec. 701: Paint color appeal

Mr. Abramitis and Mr. Sastre visited the site.  Mr. Berg explained the basis of the request, the site conditions, and

recommended denial of the appeal.  The Board reviewed the pictures submitted.  After a brief discussion, Mr.

Sastre made a motion to deny the appeal.  Mr. Shockey seconded the motion.  Motion passed 5-0. 

IV. NEXT MEETING.

The next meeting will be on June 17, 2004

V. ADJOURNMENT

The May 27, 2004 Planning and Zoning meeting was adjourned at 12:00 P.M.