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Planning & Zoning Board Meeting Minutes - July 24, 2014

 

 

Miami Shores Village

Planning & Zoning Board Meeting Minutes

Thursday, July 24, 2014

 

 

In Attendance:

David Dacquisto, Planning & Zoning Director

Barbara Estep, Village Clerk

Jesus Suarez, Acting Village Attorney

 

 

 

I)      ROLL CALL:  Richard Fernandez, Robert Abramitis, John Busta, Sid Reese, Steve Zelkowitz

 

II)     BOARD MEMBER DISCLOSURES

 

Individual Board Members disclosure properties they had visited and correspondence they had received with respect to applicants appearing before the Board.

 

III)   ACTION ITEMS: PUBLIC HEARING

 

1)     None

 

IV)  MINUTES

 

1)     June 26, 2014

 

Mr. Fernandez suggested minor amendments to the presented Minutes with respect to Item 5.  Mr. Zelkowitz then moved to approve the June 26, 2014 Minutes as amended.  Mr. Busta seconded the motion and the vote was unanimous in favor of the motion.

 

V)    SCHEDULED ITEMS

 

1)     SWEARING IN OF WITNESSES BY VILLAGE ATTORNEY:

“Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth.”

 

Mr. Suarez swore in the witnesses.

 

At the request of the Chair, Mr. Zelkowitz moved to move New Item 11) to the beginning of the New Item matters to be heard.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

VI)  TABLED ITEMS

 

1)      PZ-5-14-201496: 912 NE 95th Street, (Owner) Barclay Graebner, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. Garage conversion attached garage.

 

Mr. Busta moved to lift this matter from the table.  Mr. Abramitis seconded the motion and the vote as unanimous in favor of the motion.

 

Mr. Dacquisto provided information not previously available for consideration, indicating that the prior construction projects were completed with building permits.  Mr. Dacquisto further stated that the flat roof area had been permitted in the Village Code when the flat roof construction was completed.  With this information clarified, Mr. Dacquisto recommended approval of the application with conditions which he read into the record.  Mr. Busta moved to approve with the recommended staff conditions.  Mr. Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.

  

2)     PZ-5-14-2014103: 826 NE 92nd Street, (Owner) Maria Hernandez, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. Sec 518 (2) Fence in the front yard.

 

No action taken. Application was not lifted from the table.  Applicant will need to submit new application for consideration.   

 

II)     NEW ITEMS

 

    11)   PZ-7-14-2014117: 1450 NE 101st Street, (Owner) Maritza Gaiqui Guardian of Natalia

      Gaiqui, (Applicant) same, (Agent) none; Variance, Sec. 702, Hardship variances. Sec. 400.  

      Schedule of Regulations, Accessory Buildings [“Location: In rear yard only as defined in

      Sec. 201, not less than 15 ft. from the main building and not less than 10 ft. from any plot

      line of contiguous plot that bounds a side or front yard or not less than 5 ft. from any other

      plot line;”] Variance to permit the location of an electric generator in the side yard next to the

      dwelling and 7 ft. from the side plot line with a concrete pad 5.5 ft. from the side plot line.

 

            Mr. Dacquisto provided background information regarding the application and reviewed the

        applicant’s responses to the hardship criteria.  Staff recommends denial of the hardship

       request as the application does not adequately meet the hardship criteria.  In response to

       questions posed by the Board, Mr. Dacquisto verified that the generator could be installed

        elsewhere on the property and meet the Code requirements, and that other bay front

        properties have generators installed in the rear yard. 

 

        Ms. Maritza Gaiqui spoke on her own behalf, outlining the need for the generator and the

        particulars of the property which she believes requires that she install a generator in the

        side yard rather than the rear yard.  Ms. Gaiqui presented photos of her property and a

        petition signed by approximately 24 of her neighbors indicating their support for her

        application. 

 

        Following a brief discussion regarding alternatives available to the applicant, Mr. Fernandez

        opened the floor for public comment.  Resident and neighbor, Alice Burch spoke in favor

of Ms. Gaiqui’s variance request and provided information regarding bay front property conditions following a storm event.  Ms. Gaiqui’s contractor also spoke to the Board, providing specifics relating to the proposed placement of the generator.  Mr. Fernandez

closed public comment and a brief discussion amongst the Board ensued regarding reviewing that portion of the code that addresses air conditioners or generators in the side yard.   Mr. Abramitis subsequently moved to deny the request for a hardship variance.  Mr. Busta seconded the motion and the vote was unanimous in favor of the motion.

 

The Board took a brief recess and reconvened at 8:00 PM.   

       

 

1)      PZ-6-14-2014105: 134 NE 100th Street, (Owner) Collin & Tracy Ross, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. One-story addition.

 

Mr. Dacquisto provided information relating to the application, stating that staff recommended approval of the application with certain conditions which he read into the record.  Mr. Zelkowitz moved to approve the application subject to the staff recommended conditions.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

2)     PZ-6-14-2014106: 11300 NE 2nd Avenue, (Owner) Barry University, (Applicant) Same, (Agent) Sara Herald; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504.4 Master sign plans and Sec. 600, University Master Sign Plan.

 

Mr. Dacquisto offered background information to the Board regarding Barry University’s request for an amendment to the Master Sign Agreement and recommended approval of the application.  Ms. Sarah Herald was present on behalf of the University and Ms. Herald introduced other Barry University associates that were present in support of the application.  Mr. Dacquisto confirmed that the application involved 4 signs located on the perimeter of the campus.    Mr. Zelkowitz moved to approve the application subject to staff recommendations.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

3)     PZ-6-14-2014107: 87 NE 92nd Street, (Owner) Bernadette Lopez, (Applicant) Same, (Agent) Mark Campbell; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. First and second-story additions.

 

Mr. Dacquisto provided information relating to the application, indicating that staff is recommending conditional approval of the application and read the conditions into the record.  Architect Mark Campbell was present and spoke on behalf of the owners, outlining the parameters of the planned addition.  Mr. Abramitis moved to approve the application subject to staff recommended conditions.  Mr. Busta seconded the motion and the vote was unanimous in favor of the motion.

 

4)      PZ-6-14-2014108: 518 NE 106th Street, (Owner) John Wallace, (Applicant) Same, (Agent) Mark Campbell; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. One-story addition. Garage conversion.

 

Mr. Dacquisto offered information regarding the application for the addition and garage enclosure, stating that staff is recommending approval with certain conditions which he outlined to the Board.  Architect Mark Campbell was present and spoke on behalf of the owner, providing information related to the project.  Mr. Busta moved approval of the application subject to the recommended staff conditions.  Mr. Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.

 

5)      PZ-6-14-2014109: 54 NE 97th Street, (Owner) Glenn Daidone (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. Garage conversion, Front porch enclosure.

 

Mr. Dacquisto provided information relating to the application, stating that staff recommended approval of the application with certain conditions which he read into the record.  Mr. Abramitis moved to approve the application subject to the staff recommended conditions.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

 

6)      PZ-6-14-2014110: 53 NW 95th Street, (Owner) Ronald Pipistone, (Applicant) Same, (Agent) Valmir Agra; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 523.1(6)e and Sec. 600. Site plan review and approval required. Metal roof.

 

Mr. Dacquisto provided information relating to the application for the proposed Bone White metal roof which has a .67 reflectivity rating, which is a high rating compared to the colors the Board generally approves.  Mr. Dacquisto indicated that staff is recommending denial of the application as presented due to the reflectivity rating.  The Contractor, Mr. Agra was present and addressed the Board with respect to the proposed roof material.  There was some discussion regarding the sample materials and roof colors presented which caused some confusion between the Board and Mr. Agra.   Mr. Reese moved to approve the application subject to staff recommendations.  Mr. Zelkowitz seconded the motion.  The motion failed on a 2 to 3 vote, with Misters Busta, Abramitis and Fernandez dissenting.  Following a brief discussion and submittal of an alternate metal roof color (Stone White), which carries a 62.5 reflectivity rating, Mr. Zelkowitz moved to approve the amended application subject to staff recommended conditions.  Mr. Reese seconded the motion and that vote was unanimous in favor of the motion.

 

7)     PZ-6-14-2014111: 379 NE 94th Street, (Owner) William Jones, (Applicant) Same, (Agent) Nancy Cromar; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. One-story addition. Covered front porch.

 

Mr. Dacquisto provided information relating to the application, stating that staff recommended approval of the application with certain conditions which he read into the record.  Agent Nancy Cromar was present on behalf of the owners.  Mr. Zelkowitz moved to approve the application subject to the staff recommended conditions.  Mr. Busta seconded the motion and the vote was unanimous in favor of the motion.

 

NOTE: PZ-6-14-2014112 and PZ-6-14-2014113 have been deleted.

 

8)      PZ-6-14-2014114: 501 NE 96th Street, (Owner) SFF Group LLC, (Applicant) Silvia Ferri, (Agent) Omer Horer; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. Garage conversion. Remodel front entryway.

 

Mr. Dacquisto provided background information relating to the application, recommending approval and read the applicable conditions for approval into the record.  Mr. Abramitis moved to approve the application subject to the staff recommended conditions.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

9)     PZ-6-14-2014115: 467 NE 100th Street, (Owner) Eugene Daley, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V, VI and VII of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 600 and Sec. 701. Site plan review and appeal on allegation of error. Non-masonry pool.

 

Mr. Dacquisto stated his intent and request that the Board provide him with their interpretation of the Code with respect to a pool.  Mr. Dacquisto explained the pre-fab, non-masonry lap-pool structure that the applicant is requesting to install on his property.  Mr. Dacquisto provided additional information regarding the request but indicated that the focus of the Board should be on whether or not the structure should be viewed as a pool, and thus the Code requires the pool to be of masonry construction; or a hot tub and not required to be of masonry construction.  Following a discussion amongst the Board, they all expressed their opinion that the lap-pool structure should be viewed as a pool and therefore required to be of masonry construction. 

     

10)   PZ-6-14-2014116: 10601 NE 6th Avenue, (Owner) Alice Guguen, (Applicant) Same, (Agent) Victor Bruce; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. One-story addition.

 

Mr. Dacquisto provided information relating to the application, stating that staff recommended approval of the application with certain conditions which he read into the record.  Architect Victor Bruce was present on behalf of the owner.  Mr. Busta moved to approve the application subject to the staff recommended conditions.  Mr. Abramitis seconded the motion and the vote was unanimous in favor of the motion.

 

III)   DISCUSSION ITEMS

 

1)     None

 

IV)  NEXT WORKSHOP – TBD.

 

1)     Village Council request for Planning Board to review the current zoning for the annexed area and to consider comprehensive plan, zoning code and map amendments for the area.

 

2)     Barry University, University Master Plan.

 

Mr. Dacquisto advised that the next workshop to address the above issues is scheduled for Thursday, September 11, 2014.  Mr. Dacquisto explained information that he has provided in a packet for the Board Members regarding the Barry University Master Plan issue. 

 

V)    NEXT REGULAR HEARING – September 18, 2014.

 

1)     Regular agenda.

 

VI)  ADJOURNMENT

 

The Thursday, July 24, 2014 Planning & Zoning Board Meeting was adjourned at 9:20 PM.

 

 

 

 

 

                                                                                                ____________________________

                                                                                                Richard Fernandez, Chairman

 

 

_____________________________

Barbara A. Estep, MMC

Village Clerk