LimeBike Memorandum of Understanding

Planning Board Minutes - April 28, 2016

APRIL 28, 2016

THURSDAY, 7:00 P.M.

In Attendance:

Richard Sarafan, Village Attorney

David Dacquisto, Planning and Zoning Director

Mariana Gracia, Clerk

 

I) CALL TO ORDER

 

1) Roll Call

 

Present: Mr. Carlos Diaz, Mr. John Busta, Mr. Sid Reese, Vice Chair Robert Abramitis

Absent: Chairman Richard Fernandez

 

II) BOARD MEMBER DISCLOSURES

 

Mr. Diaz visited: 85 NW 102nd Street, 43 NW 110 Street, 1051 NE 92 Street, 1015 NE 97 Street, 9025 Biscayne Blvd., 1201 NE 96 Street, 9517-9519 NE 2nd Avenue, 710 NE 93rd Street, 1270 NE 97 Street, 330 NE 97 Street, 162 NE 106 Street.

Mr. Busta visited: 1350 NE 101 Street, 1015 NE 97 Street, 1201 NE 96 Street, 1270 NE 97 Street, 1460 NE 103 Street, 1050 NE 105 Street.

Vice Chair Abramitis visited: All properties on the agenda with the exception of Tabled Item #1 – 9879 NE 13th Avenue, and New Item #13 – 1050 NE 105 Street.

Mr. Reese visited: All properties on the agenda.

 

III) SWEARING IN OF WITNESSES

 

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.”

 

IV) MINUTES

 

1) January 14, 2016

2) January 21, 2016

3) January 28, 2016

4) February 11, 2016

5) February 25, 2016

6) March 24, 2016

 

Motion to approve all Minutes listed above with one correction to the March 24, 2016 Minutes to be that on the Tabled items be clarified that they were tabled at the Applicants request. Motion made by Mr. Reese, seconded by Mr. Busta and the vote was unanimous in favor of the Motion. Passed 4-0.

 

V) TABLED ITEMS

 

1) PZ-01-16-20168: 9879 NE 13th Avenue, (Owner) Jacqueline Barrantes, (Applicant) Same, (Agent) Robert Rossi; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 534 and Sec. 600. Site plan review and approval required. Waterfront development. Seawall repair, dock and boatlift.

Motion to lift from table by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

There was not public comment.

Motion to Approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Diaz the vote was unanimous 4-0 in favor of the Motion.

 

2) PZ-02-16-201614: 1301 NE 100th Street, (Owner) Nancy Cigno Margolis, (Applicant) Same, (Agent) Brian Moretti; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 534 and Sec. 600. Site plan review and approval required. Waterfront development. Dock and boatlift.

Motion to lift from table by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

Attorney Robert Ader was present representing Ms. Nancy Margolis who was also present.

Public comment by Mr. Esteban Serrano neighbor to the North of the Margolis residence. He testified that the size of the boat lift proposed is triple the size of what is there. Mr. Serrano expressed his opposition to the boat lift as proposed. Mr. Serrano said that it has been hard to communicate with Ms. Margolis. Mr. Serrano handed out papers to the Board that showed his view. Mr. Serrano proceeded to present what he has handed out.

Attorney Ader asked to be able to ask Mr. Serrano a few questions regarding this matter. Mr. Abramitis allowed questions pertaining to the boat lift to be asked of Mr. Serrano.

Mr. Serrano responded to the questions asked. Attorney Ader addressed the Board with statements in favor of Ms. Margolis.

Public comment is closed.

Motion to approve subject to staff recommendations with the added condition that the Boat lift be no more than 7,000 pounds Boat lift by Mr. Diaz, seconded by Mr. Busta and the vote passed unanimously 4-0.

 

3) PZ-02-16-201619: 85 NW 102nd Street, (Owner) Richard Boullon, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600, Sec. Sec. 702 Hardship variance. Sec. 400. Schedule of Regulations. Yard setbacks. Wood deck in side yard.

Motion to lift from the table by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

Mr. Boullon presented his request.

There was no public comment.

Motion to Deny by Mr. Busta, seconded by Mr. Abramitis and the vote was unanimous in favor of the Motion. Motion to Deny passed 4-0.

 

VI) NEW ITEMS

 

1) PZ-03-16-201626: 1350 NE 101st St, (Owner) Dirk & Elizabeth Peterson, (Applicant) Same, (Agent) Glen Larson; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 534 and Sec. 600. Site plan review and approval required. Waterfront development. Dock and boatlift.

There was no public comment.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Passed 4-0.

 

2) PZ-03-16-201627: 43 NW 110th Street, (Owner) Inter Mall Inc, (Applicant) Same, (Agent) Harry Sanchez; 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.

There was no public comment.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Diaz and Motion was unanimous in favor of the Motion. Passed 4-0.

 

3) PZ-03-16-201629: 1051 NE 92nd Street, (Owner) Alfonso Del Castillo & Ana Jimenez, (Applicant) Same, (Agent) John Morton; 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 to cabana, change street address, pool fence in rear yard / front yard. New entryway.

Mr. Dacquisto gave a brief presentation explaining the change of address for this property.

There was no public comment.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Passed 4-0.

 

4) PZ-02-16-201630: 1015 NE 97th Street, (Owner) Robert Bailey, (Applicant) Same, (Agent) Dan Deekman; 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.

There was no public comment.

Motion to approve subject to Staff recommendations by Mr. Reese, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Passed 4-0.

 

5) PZ-03-16-201631: 9025 Biscayne Blvd, (Owner) Shore Square Properties, (Applicant) Same, (Agent) Jose Chao; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review and approval required. Signs

Applicant presented the request.

There was no public comment.

Motion to approve the wall sign subject to Staff recommendations with the exception of the window signage and if the Applicant needs to comeback before the Board that the fee be waived by Mr. Busta, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Passed 4-0.

 

6) PZ-03-16-201632: 1201 NE 96th Street, (Owner) BKT Holding LLC, Alexander Burkhardt, (Applicant) Same, (Agent) Sebastian Eilert; 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. Second story addition.

Staff made clear that the existing oak tree was not to be harmed and applicant to comply with the Miami-Dade tree ordinance.

Applicant presented the request.

There was no public comment.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Reese and the vote passed 3-1 with Mr. Abramitis voting against it.

 

7) PZ-03-16-201633: 9517 – 9519 NE 2nd Avenue, (Owner) DVS LLC / Teresa Caccamise, (Applicant) Miami Independent Learners LLC / Walter Gergado, (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. Change of use, office to tutoring.

Applicant presented the request.

There was no public comment.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Passed 4-0.

 

8) PZ-03-16-201634: 710 NE 93rd Street, (Owner) Paul Calli, (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. Garage conversion.

Applicant’s agent presented the request.

There was no public comment.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Passed 4-0.

 

9) PZ-03-16-201635: 1270 NE 97th Street, (Owner) Corey Camilo & Victoria Villegas, (Applicant) Same, (Agent) Juan Puentes; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 534 and Sec. 600. Site plan review, addition and façade improvements.

Applicant presented the request.

There was no public comment.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Passed 4-0.

 

10) PZ-03-16-201636: 330 NE 97th Street, (Owner) Victoria & James Novack, (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. Second story addition.

Applicant’s agent presented the request. There was no public comment.

Motion to approve subject to Staff recommendations with the added requirement to remove the pavement in the swale and that parking meets the requirement by Code by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Passed 4-0.

 

11) PZ-03-16-201637: 162 NE 106th Street, (Owner) Brandon Simon & J. Alonso Medina, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 534 and Sec. 600. One-story addition. Garage conversion.

Motion to approve subject to Staff recommendations by Mr. Diaz, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Passed 4-0.

 

12) PZ-03-16-201638: 1460 NE 103rd Street, (Owner) Christopher & Monica Savits, (Applicant) Same, (Agent) Isabella Rosete; 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.

Applicant’s agent presented the request.

There was no public comment.

Fails for lack of Motion.

 

13) PZ-03-16-201639: 1050 NE 105th Street, (Owner) Philippe Alluard, (Applicant) Same, (Agent) James McKenzie; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 534 and Sec. 600. Site plan review and approval required. Waterfront development. Dock and boatlift.

Applicant presented the request.

Public comment from Mr. George Mallow a neighbor of Mr. Alluard, he spoke about how he has been affected by vacation rentals on the canal and other sides. His beliefs that the residential area is turning into some sort of a resort. Mr. Mallow compares Paris to the canal and how he feels about it as if this is a treasure we should protect. Mr. Mallow expressed concern about vacation rentals on the canal. Mr. Mallow spoke about the conversation he had with a DERM representative reassuring him about the vacation rentals. He asked about the material that would be used to build the Dock. Finally, he mentioned he had asked for relief from the Property Tax Appraiser and it was granted due to the vacation rentals. The canal is a very special place and would like to keep it that way. Public comment closed.

Motion to approve subject to Staff recommendations and with Amendment to #1 on the Staff Report which would strike a 15,000 pound, Boat lift and make that now a 10,000 pounds Boat lift by Mr. Busta. Seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Passed 4-0.

 

VII) ACTION ITEMS: PUBLIC HEARING

 

1) Division 17, Sec. 537. Maintenance standards. [Florida Friendly Landscaping, ground cover requirements ]

Public comment from Jamie Basilio installing stones between the concrete pads. Has several driveways that are waiting for the Amendment to pass. Mr. Dacquisto stated that the use of stones of not less than three-quarters of an inch have been recommended by the board for placement between pavers. Village Council action is next. Public comment now closed.

Mr. Abramitis commented on the Amendment. There are a number of things that were left with question marks and he would like the Board to come up with solutions and would like everybody’s comment. Mr. Dacquisto read into the record the proposed Amendment regarding ground cover. Mr. Abramitis read into the record his proposed Amendment. Mr. Sarafan spoke about the current code. The Board discussed the different kinds of plants used as ground cover. The Board requested that staff set a workshop date to discuss the proposed amendment drafted by Mr. Abramitis.

 

2) Amendment, Sec. 518. Fences, walls and hedges. Hedges height, fence material, corner plots.

Mr. Dacquisto introduced the amendment.

Motion to approve Staff recommended revisions by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Passed 4-0

No public was in attendance.

 

VIII) DISCUSSION

 

1) None

 

IX) NEXT WORKSHOP – TBD.

 

1) Amendment, Division 17, Sec. 537. Maintenance standards. [Florida Friendly Landscaping, ground cover requirements]

 

X) NEXT REGULAR BOARD HEARING – May 26, 2016.

 

XI) ADJOURNMENT

 

Pursuant to Chapter 286.0105, Florida Statutes, if person decides to appeal any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based.

Miami Shores Village complies with the provisions of the American with Disability Act. If you are a disabled person requiring any accommodations or assistance, including materials in accessible format, a sign language interpreter (5 days’ notice required), or information, please notify the Village Clerk’s office of such need at least 72 hours (3 days) in advance.