LimeBike Memorandum of Understanding

MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING SEPTEMBER 29, 2005

The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, September 29, 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

Sid Reese

W. Robert Abramitis

Cesar Sastre

 

 

ALSO PRESENT: 

Al Berg, Planning & Zoning Director  

Richard Sarafan, Village Attorney

Emilia S. Palmer, Recording Secretary

Tim Crutchfield

 

ABSENT:  Tim Crutchfield

 

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

Chair man Fernandez disclosed that he visited 30 NW 94 St, 9450 NE 2 Ave, 1162 NE 105 ST, 9835 NE 2 Ave, 10290 NE 2 Ave, 9723 NE 2 Ave and 160 NE 99 ST

Mr. Sastre disclosed that he visited all the sites he was unable to see the docks.

Mr. Abramitis disclosed that he visited the sites, 1060 NE 105 St and 1665 NE 104 St

Mr. Reese disclosed that he visited all the sites; he was unable to the docks.

Chairman Fernandez stated if anyone consider rescheduling their cases for the October 13, 2005 meeting, since there is a lot of cases on the agenda.

ITEM II: APPROVAL OF MINUTES

The September 7, 2005 minutes were moved to the end of the agenda.

ITEM III: SCHEDULE ITEMS

PZ05-0825-07
Enrique Luaces (owner)
30 NW 94 ST
Sec.604: Site Plan Approval – garage enclosure.

Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application subject to raising the floor level to meet FEMA standard, completion of a Declaration of Use and installation of a new circular driveway. Mr. Berg stated that the construction will incorporated a double window in the front that will be different than other windows in the house and there will be no outside door. Mr. Enrique Luaces was present. Mr. Luaces is requesting site plan approval to enclose an existing 12' x 29' garage. After further discussion from the Board, Mr. Sastre made a motion to approve the application subject to staff recommendation. Mr. Reese seconded. Chairman stated that there is no need for a Declaration of Use. Motion passed (3-1) (Chairman Fernandez voted no).

 

PZ05-0825-05
Chuck Longdon, Agent, Starbucks
M.S.V.C. LLC, (owner)
9450 NE 2nd Ave
Sec. 604: Site plan approval-open air cafe

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application subject to the deletion of the signs, outdoor speakers, and owner's approval. The application will be presented to the Village Council with the Planning & Zoning recommendation. Mr. Abrimitis provide a copy of summary of the clerks tape. Mr. Abramitis stated that he listened to the tapes and recalls the original plan approved was for retail only, the elevations and the sitting of the building. Mr. Chuck Longdon (agent) was present. This application was tabled in a previous meeting. Mr. Longdon stated that they will remove the outdoor speaker and the signage will be provided in a different petition. He disclosed that there will be no food preparation or cooking. Mr. Abramits ask if there is a survey that shows the open air café area setback from the right away by least 5' that's what requires by the Miami Shores Code. Mr. Abramitis is concerned if there enough septic tank & the parking. Mr. Sastre made a motion to approve the use for restaurant. Mr. Reese seconded. Motion passed 4-0.

 

PZ05-0825-12
Dolce Vita, Julio Bertoni (tenant)
9450 NE 2 Ave

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application. Mr. Berg explained that the space will occupy approximately 823 square feet of area with 635 square feet of customer service area which equates to 7 required spaces. He also stated that there would be sufficient parking there to meet this use which would have a prominent demand in the early evening hours. Mr. Julio Bertoni (owner) was present. Mr. Bertoni is requesting site plan approval for an ice cream/gelato shop. After discussion from the Board, Mr. Sastre made a motion to approve the application subject to Staff recommendations. Mr. Rease seconded. Motion passed 4-0.

 

PZ05-0825-08
Alan & Carol Respondek (Owners)
1162 NE 105 ST
Sec. 604: site plan approval-garage enclosure.

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application subject to raised the floor level to 8' and to provide a 5' landscape strip is installed in front of the addition. Mr. Berg explained that the construction will involve removal of the garage door and replacement with a two windows that are matched with the second story. A new window will also be installed on the west side of the property. He also stated that the double driveway will provide 2 parking spaces for the site. He also recommended that a 5' cutout be made in front of the house to provide a landscape strip in front of the garage. Mr. Alan Respondek (owner) was present Mr. Respondek was requesting approval to enclose an existing 21'x25' garage for an addition for an office. A second story addition over the area will be used for a master bedroom. After discussion from the Board, Mr. Abrimitis made a motion to approve the application subject to staff recommendations. Mr. Reese seconded. Motion passed 4-0.

 

PZ05-0825-09
Eugene Talbert (tenant)
Smart Cleaner (tenant)
Beatrice Shandolf (owner)
9835 NE 2 Ave
Sec. 604: Site plan approval-window sign.

Mr. Berg explained the basis of the request, the site conditions, and recommended tabling the application. Mr. Berg explained that the location of the business is in the B-1 District which allows 1 ½ square feet of signage for each lineal foot of wall space. The wall space is 16' long which would allow 24 square feet of signage. The awning sign would 7 ½ square feet and be located on the front awning; an 11 1/2" high , 6' long ("Number One Smart Cleaners"), (Metro PCS 305-759-6042) sign on the window with letter colors that would be 9'(purple, red, orange). Mr. Berg also stated that the window signage is excessive and has conflicting colors. Mr. Berg testified that the window and awning signage is present at the property without an approval by P&Z, and that they are in violation with Code Enforcement. Mrs. Emanuela Gideon was there to represent the tenant. The applicant is requesting approval for awning and window signs. After discussion from the Board, Mr. Reese made a motion to table the application. Mr. Sastre seconded. Motion passed 4-0.

 

PZ05-0825-11
Mohamed Shakir (owner)
10290 NE 2 Ave
Sec. 604: site plan approval-garage enclosure.

Mr. Berg explained the basis of the request, the site conditions, and recommended tabling the application subject to completion of an elevation certificate, 5' landscape strip in the front, windows on the north elevation, and installation of 5' landscape strip; re-study the north elevation for additional windows and a Declaration of Use for the game room. Mr. Berg explained that the proposed family room addition will have to be raised to the minimum FEMA level and an elevation certificate will have to be provided. He stated that the construction will incorporate two windows in the rear and French doors in the courtyard. He also stated that there are no windows along the north elevation which would provide a break in the 30' wall. There will be enough parking on the property as there is a double driveway in the front. Mr. Dr. Shahida & Mohammed Shakir were present. The applicants are requesting site plan approval to enclose an existing 14'x25' garage and connect the two buildings. Mr. Shakir explained that the addition y room with bath and that the garage will remain as a garage. He also stated that he want to keep the wall due to loud noise on 103 st. Mr. Shakir explained that he contacted the Dept. of Transportation stated that zone x doesn't required flood elevation. Mr. Shakir withdrew the garage enclosure petition. Some of the Board members are concern about the 30' wall. Chairman Fernandez recommended having an architectural opinion for a design for the wall. After discussion from the Board, Mr. Abrimitis made a motion to table. Mr. Reese seconded. Motion passed 3-1. Mr. Sastre voted no.

 

PZ05-0825-12
G.G Salon (tenant)
Horizon Properties (owner)
9061 Biscayne Blvd.
Sec. 604: Site plan approval-window sign.

Mr. Berg explained the basis of the request, the site conditions, and recommended approval the application. Mr. Berg stated that applicant is requesting to add a window sign with G.G. Salon & Spa'', list some of the services, and add the hours and phone # to the front door. The total signage would be 8 square feet. The existing cabinet sign has been approved by the Board. Ms. Gloria Gonzalez was present. She stated that the window sign with blue letters for G.G. Salon and also to have a lost of services with yellow letters on black background. Some of the members are concern that there is too much signage. After discussion from the Board, Mr. Sastre made a motion to table the application. Mr. Abrimitis seconded.

 

PZ05-0929-01
Carlos Diaz (owner)
20 NW 93 St
No show. Mr. Sastre made motion to table. Mr. Abrimitis seconded.

Motion passed 4-0.

 

PZ05-0929-02
Thomas Trotta (owner)
Dock & Marine Const (agent)
1060 NE 105 St
Sec.604: site plan approval-new dock and boatlift

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application. Mr. Berg stated that the property is 78' wide x 119' deep. There is a dock on the property which is deteriorating and needs replacement. The new dock will be 5' wide and 30' long. He also stated that it complies with the setback requirements and has received preliminary approval by DERM. Mr. Edwin Reed (agent) of Dock & Marine Const., (752 NE 79th Street) was present. The applicant is requesting approval for new 5' x30' dock with boatlift on Biscayne Canal. After discussion from the Board, Mr. Abrimitis made a motion to approve the application subject to staff recommendation and installation of reflectors. Mr. Reese seconded. Motion passed 4-0.

 

PZ05-0929-03
Bartholomew Coia (owner)
Dock & Marine Const (agent)
1060 NE 105 St
Sec.604: site plan approval-new dock and boatlift

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application. Mr. Berg stated that the property is 75' wide x 137' deep. There is no dock on the property. The new dock will be 9' wide and 55' long. He also stated that it complies with the setback requirements and has received preliminary approval by DERM. He also stated that the dock is 9' wide, the applicant owns 150' of depth and has lost 12.5 ' of property due to erosion as the measures distance is 137.5' and the recorded depth is 150.4'. He testified that there is some side yard encroachment and the entire back yard is decked. There is no Code violation pending for the encroachment. Chairman Fernandez stated that the encroachment should be remove. Mr. Edwin Reed (agent) of Dock & Marine Const., (752 NE 79th Street) was present. The applicant is requesting approval for new 9' x 55' dock with boatlift on Biscayne Canal. Mr. Reed agrees on the removal of the encroachment. After discussion from the Board, Mr. Reese made a motion to approve the application subject to condition that the encroachment is corrected. Mr. Abrimitis seconded. Motion passed 4-0.

 

PZ05-0929-04
Madeline Romanello (owner)
160 NE 99 ST
Sec.604: site plan approval-Lot split

Mr. Berg explained the basis of the request, the site conditions, and recommended tabling of the application until there is a folio number to the site, submission of an opinion of title, researching the plat and submission of new elevation drawing and site plans for the houses. He stated that the applicant proposes to divide 3 lots into two building sites. The east site (Lot 6 and the east 1 ½ of Lot 7) will be 75' x 115', and the west ½ of Lot 7 with Lot 8. He also stated that Miami Dade Tax Rolls show that only one folio number has been assigned to the site and he recommended that an opinion of the title should be submitted for the Village attorneys review. The elevation drawings do not show all the elevation. While the picture is nice, it cannot be substituted for the drawings. The houses look to similar to be side by side and in addition, the site plans only provide fro 10' setback, no the 15' required. Ms. Madeline Romanello was present. Chairman Fernandez stated that an opinion of title will be required before approving the plot. Ms. Romanello stated that there is no easement on the property and agreed on getting an opinion of title. She explained that the properties are not tract homes. Chairman Fernandez stated that the applicant need to submit a scaled drawing, site elevation, landscape, parking minimal two spaces. After discussion from the Board, Mr. Abrimitis made a motion to deny the application. Motion failed for lack of second. Mr. Sastre made a motion to table the application. Mr. Reese seconded. Motion passed 3-1. (Mr. Abrimitis voted no).

 

PZ05-0929-06
Alejandro Prieto
Precision Health Centers (tenant)
Haim Yehezkel
9838 NE 2 Ave
Sec.604: site plan approval-signs

No show. Mr. Sastre made a motion to table. Mr. Reese seconded. Motion passed 4-0.

 

PZ05-0929-06
The Star Café (tenant)
James Quinlan (owner)
9999 NE 2nd Ave
Sec.604: site plan approval-outdoor café.

Mr. Berg explained the basis of the request, the site conditions, and recommended tabling of the application. Mr. Berg stated that the applicant is requesting to locate an outdoor café with 4 tables at the site, an outdoor café is allowed only in conjunction with a restaurant. He also stated that this business will be operating in conjunction with the café which has been servicing the building. Mr. Berg stated that many items are at variance with the code. The color of the umbrellas are not shown, the village is not listed as co-insured on the insurance, a floor plan of existing restaurant is no included, tables with chair extended beyond the walls of the restaurant and occupy more than 30% of the restaurant area, parking for the site is not shown, a pass through window is not permitted, maintenance plan has not been submitted and there is no minimum clearance of 5' for pedestrian passage. He also explained that the application for the sign would allow signage on the building that has not been granted to other tenants who would almost certainly petition for their own signage. Mr. Luis Bonfil (tenant) was present. Mr. Bonfil is requesting approval for new use- an open air café. Mr. Bonfil stated that due to customers demand he would like to open the open air- café. After discussion from the Board, Mr. Sastre made a motion to table the application. Mr. Reese seconded. Motion passed 4-0.

 

PZ05-0929-07
Ari Sklar (buyer)
Stanley and Marcella Walterman (owners)
423 NE 92 St
Sec. 604: site plan approval garage enclosure.

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the application subject to the floor be raised to minimum FEMA/Dade County standards, a window, to match existing, be added to the front elevation on new addition, a 5' landscape strip be added between the building and the driveway and the driveway be reduce in scale to match the house, with a circular drive arrangement and a Declaration of Use. Mr. Berg stated that the garage enclosure will become another bedroom and that the master bedroom will be 608 square feet and added at the rear, a window will be added in the front to replace the garage door and it will match existing windows, french doors are planned for the rear addition and a door is planned on the front elevation. Mr. Ari Sklar (buyer) was present. Mr. Sklar stated that he has a contract to buy the property. He propose to build a pool with, 4' feet fence, paint the house. Some of the members are concern about the driveway and the fence, that there is no application for the driveway or what type of fence will be installed on the property. Mr. Abrimitis stated that there is not enough information to rule on the application. After discussion form the Board, Mr. Sastre made a motion to table. Mr. Abrimitis seconded. Motion passed 4-0.

 

ITEM II: APPROVAL OF MINUTES-

Mr. Crutchfield made a motion to approve the September 7, 2005 minutes with amended corrections. Mr. Sastre seconded. Motion passed 5-0

V. NEXT MEETING.

The next regular meeting will be on October 13, 2005.

V. ADJOURNMENT

The September 29, 2005 Planning and Zoning meeting was adjourned at 10:30 P.M