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Planning Board Minutes - April 16, 2015

 

MIAMI SHORES VILLAGE PLANNING BOARD MEETING

 

Village Hall Council Chambers

10050 NE 2nd Avenue, Miami Shores

 

APRIL 16, 2015

THURSDAY, 7:00 P.M.

 

In Attendance:

David Dacquisto, Planning & Zoning Director

Richard Sarafan, Village Attorney

Mariana Gracia, Recording Secretary

 

I)      ROLL CALL

John Busta, Robert Abramitis, Chairman Richard Fernandez - Present

 Steve Zelkowitz, Sid Reese (Absent)

II)     BOARD MEMBER DISCLOSURES

Board members disclosed the sites they visited.

Mr. Sarafan spoke about the Board’s voting process in this particular scenario in which there are only three Board Members present.  He explained that what it means is that each person would need to get a unanimous vote from the Board in order for the item to pass. As a result of that the Board as a courtesy would ask that if anyone would like to continue the matter until next meeting where we’re more likely to have more members present and you wouldn’t necessarily need unanimity. He invited anyone interested in continuing their case to let the Chair know.  Mr. Fernandez made it clear that you cannot start the matter, see where the things are going then let him know. Mr. Fernandez emphasized that they need to let him know before the hearing starts.

 

III)    ACTION ITEMS: PUBLIC HEARING

1)     None

IV)   MINUTES

1)     March 18, 2014 – Motion by Mr. Busta, Seconded by Mr. Abramitis - Approved Unanimously

2)     March 26, 2014 – Amended – Motion to table to next meeting by Mr. Busta, Seconded by Mr. Abramitis.  Approved unanimously.

V)    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.”

VI)   TABLED ITEMS TO A TIME CERTAIN

1)     None.

VII)  NEW ITEMS: PZ-03-15-2015180 was cancelled.

Motion to move item #4 to the #1 item by Mr. Abramitis, seconded by Mr. Busta.  The Motion was approved unanimously.

 

1)     PZ-03-15-2015181: 162 NW 109th Street, (Owner) Canor Pateo & Carla Grisoni, (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. First story addition. Garage conversion.

Mr. Dacquisto provided information relating to the application which includes a first story addition and garage conversion.  Staff is recommending approval with 10 conditions.  The Board asked questions.  Ms. Carla Grisoni was present and did not wish to ask any questions nor make any presentation.  Mr. Abramitis motion to approve subject to staff recommendations with one added requirement regarding the language in recommendation 3 with the following new language underlined “Changes to drainage structures approved by the Planning and Zoning Board and new structures shall require a new site plan review application and review and approval by the Planning and Zoning Board.”  Mr. Busta seconded the motion.  The motion was approved unanimously.

2)     PZ-03-15-2015177: Vacant plot corner of NE 11th Avenue and NE 105th Street, (Owner) New Ibiza Properties / Alexander Vrizarbarrema, (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. New one-family dwelling.

Mr. Dacquisto provided information relating to the application which includes the unusual circumstance where we have a vacant lot.  Mr. Dacquisto continued with additional information regarding the proposed structure which includes that the proposed structure is in a flood zone and will be raised about 41/2 feet off the ground. The Applicant will have to provide a new certificate of elevation based on existing ground elevation and also final plans submitted to the Building Official.  At that time the Building Official will check the flood elevation to make sure they conform to the flood requirements.   He also mentioned that as the Board was aware in 2012 the flood ordinance was incorporated into our Building code.  Therefore any construction in the flood zone now is controlled by  the Building Official as opposed to flood planning manager.  The residence is a modern design. Mr. Dacquisto provided more details regarding the proposed plans.  Staff is recommending approval with 13 conditions. Carlos Cepero was present and did not wish to ask any questions.  Mr. Abramitis made some comments regarding the lot.  Mr. Dacquisto responded.  Mr. Sarafan mentioned the unity of title.  The Board asked questions.  Mr. Sarafan asked if there was a mistake on the Survey as to the address.  Mr. Dacquisto said that the Applicant will have to provide a drainage plan that would be approved by the Building Official. The Applicant did not wish to make a presentation. The Board did not ask any questions.  Public comment of Zeth Labenz of 10611 NE 11th Avenue. He testified that the lot was one lot at one point then it split.  He said he had purchased the property next to it.  He asked to see the plans.  The plans were provided to him.  Mr. Fernandez inquired about the water drainage on site, would that be determined by the Building Official. Mr. Dacquisto answered that the Applicant is going to have to provide a drainage plan that would be reviewed then by the Building Official.        Mr. Abramitis made a motion to approve subject to Staff recommendations with the added requirement that any mounds structures or walls needed to effectuate the water control plans be brought back before the Board.  Mr. Busta seconded the motion.  Mr. Abramitis explained his motion modifying recommendation number 5 with new language underlined: 5)         The applicant shall provide an architect or engineer’s drainage plan and report to certify to the building official that the site provides storm drainage that detains the first one inch in natural or filtered structural facilities prior to the issuance of a building permit by the Building Official. The applicant is responsible for any site modifications necessary to provide storm drainage that detains the first one inch in natural or filtered structural facilities and shall make site modifications as necessary and any new mound, wall or other drainage structure shall require additional Planning Board review and approval. The motion was approved unanimously.

3)     PZ-03-15-2015178: 9105 NE 5th Avenue, (Owner) Victor Carlisle, (Applicant) Alejandro Pino, (Agent) Guillermo Pino; 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 story addition.

Mr. Dacquisto provided information relating to the application which includes the application for a first story addition. Mr. Dacquisto wanted to note that the setbacks are different than the orientation and address would have you believe.  Staff looked at previous plans and determined that the Village previously had treated 91st Street as the front for setbacks purposes.  Mr. Dacquisto gave more information regarding the application. Staff recommends approval with 11 conditions.  Mr. Guillermo Pino of 4985 Davis Rd, Miami, FL did not wish to make a presentation.  The Board did not have any questions.  Mr. Busta made a Motion to approve subject to Staff recommendation.  Mr. Abramitis seconded it.  The Motion was approved unanimously.

4)     PZ-03-15-2015179: 9501-9545 NE 2nd Avenue, (Owner) DVS, LLC / Teresa Caccamise, (Applicant) Same, (Agent) Victor Bruce; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504.4 Master sign agreement and Sec. 600. Site plan review and approval required. Signs.

Mr. Dacquisto provided information relating to the application for a master sign agreement.  Mr. Dacquisto said that it’s the Village’s preference that the building owners have a master sign agreement with the Village. The master sign agreement that’s approved by this Board would become the prevailing document guiding future signage for the building. Mr. Dacquisto said that the master sign plan outlines what signage is allowed. Staff can therefore approve any sign that come in as long as it’s consistent with the master sign agreement.  Individual business owner’s no longer have to come before this Board.  Staff is recommending approval for the master sign agreement. Should the Board approve the master sign agreement and a proposed Tenant not like the master sign agreement they would have to follow our usual sign review process.  Victor Bruce, 370 NE 101 Street, Miami Shores, FL was present and did wish to ask a question. Mr. Sarafan asked if there is an actual master sign agreement that we are being asked to approve. Mr. Dacquisto responded that this is the master sign agreement and once this Board approves it, it becomes the prevailing document, just like we have for Shores Square and the Starbucks building. Mr. Sarafan also asked what about window signage.   Mr. Dacquisto answered that is included. Mr. Sarafan inquired further as to the Tenant wanting to put signage on the window is that provided for in this master plan.   Mr. Dacquisto responded positive.  He added that standard lettering with no repetition of elements with wording would be acceptable. The Board made comments and questions. Mr. Bruce answered. He attested that the building owner has high standards and she would be designating the font for the signage. The only random would be maybe a window sign logo.  The Board asked questions.  Mr. Bruce answers.  Mr. Dacquisto clarifies the window signage that would have to come before the Board. The Board expresses the concern that the Owner in the future might not be the same.  Mr. Dacquisto said that they would be referred to Staff.  The Board asked questions.  Mr. Abramitis proposed the kind of signage that would be allowed.  The Board discusses the signage.  Mr. Dacquisto clarifies that the signage simply says 5 square feet. Mr. Fernandez noted that it was Mr. Abramitis idea some years ago. This idea being one of the most productive things that has come out of this Board and it has streamlined dramatically time frames for people to get signage into the buildings so that if you have a big building and have a lot of signage you don’t have to keep coming back to the Board.  This way you can go administratively and it pass very quickly and go on your way.  It also provides the opportunity to have some changes if it doesn’t meet the need of a Tenant.  This has worked very well.  Mr. Bruce thanks Mr. Abramitis for his idea.  Motion to approve with the addition of a second condition, new language underlined;” 2) Window signage not to exceed in size the area specified by the master sign agreement with all lettering to be black or white with no backing and no pictures other than corporate logo, any change to these conditions will require Planning and Zoning Board review and approval.” Motion made by Mr. Abramitis.  Mr. Sarafan made it clear that Mr. Dacquisto has already announced the standards that he would apply which is conformity with previously approved signage by this Board.  Mr. Busta Seconded the motion.  Motion approved unanimously.

5)     PZ-03-15-2015182: 29 NE 91st Street, (Owner) Jacqueline & Ido Alexander, (Applicant) Same, (Agent) Anne Jackaway; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600, Sec. Sec. 702 Hardship variance. Historic landmark. Site plan review and approval required. First and second story addition.

Mr. Dacquisto provided information relating to the application which includes a historic structure of a historical designated landmark that the Applicant has purchased and wishes to add a first and second story addition. Mr. Dacquisto states that the Miami Shores Historic Preservation Board reviewed the extensive additions and considered the historic nature of the building and based on their review they have approved the design and recommended approval of historic variances.  Mr. Dacquisto mentioned that this Board always has the final say for variances, but that they have recommended approval.  Mr. Dacquisto furthered his report of this Application.  As originally constructed the house and garage were not in conformity with the current setbacks.  Mr. Dacquisto informs the Board of the approvals made by the Historic Preservation Board. He mentioned that the drawings show the existing pavers area is actually the parking area. They also approved specific colors as listed in the report. Staff is recommending approval subject to the following conditions.  He read into the record the conditions stated on the report. Further, the second condition is not confused what’s old and what’s new.  You should actually be able to tell what’s old and what’s new.  In 1958 the Village approved a garage conversion, but it actually did not take place from what Mr. Dacquisto found.  We have documentation from the year 2000 which shows that nothing was done.  Mr. Dacquisto furthered his report to the Board regarding the proposed plans. Staff is recommending approval of the additions and recommending to the Board approval of the historic variances with 18 conditions as stated on the report. The Board asked questions.  Ms. Anne Jackaway of 2630 SW 28th Street, Coconut Grove, FL was present and wished to address the Board. She said they were in complete agreement with Mr. Dacquisto’s report with the exception of one item.  On page 2 of 6 that states that there is a flat roof was a misprint of the statement.  The Board asked questions.  Mr. Dacquisto responded that the Historic Preservation Board can only make a recommendation in terms of variances. Historic preservation variances are mentioned on section 600 of the code, but it’s only mentioned. Basically a historic variance is anything you want to do.  Not restricted like a normal variance.  The Board asked questions. Mr. Dacquisto clarified that it’s in the variance section just simply says that this Board may issue a variance to a certain property, but it doesn’t go into detail.  The four criteria before granting a variance couldn’t possible apply to historic variance because you would never give one.  The Board asked more questions.  Mr. Dacquisto answered to the Boards questions.  Mr. Dacquisto informs the Board that there is a proposed circular drive which we still have to work out the details, and that is one of the conditions for approval. That still has to be worked out.  The Board asked questions.  Mr. Dacquisto answered the Board that they were correct in saying that the garage was being converted into  a cabana.  The Board asked questions.  Mr. Dacquisto responded that one of the conditions for approval from the Historic Preservation Board was the color they chose.  The Board expressed their concern about not having a sample of this color that has been chosen. The Board also mentioned that this could have just as easily gone to Mr. Flores in Code Enforcement.  Mr. Dacquisto informs the Board that he hopes that the owner is sensitive enough to bring in something that complies, if they don’t they will be informed.  The Board asked more questions.  Mr. Dacquisto stated that it’s not a variance that it’s a condition that the Historic Preservation Board has set.  Mr. Fernandez gave a brief account of his experience with historic buildings.  He asked if this particular property was a national registry or a local preservation.  Mr. Alexander responded that this was a local preservation building. Mr. Fernandez said that the Board does not have any obligation to do anything.  He continued his account of what had happened when he had encountered this scenario in the past. His recollection of this matter was that it was not designed for the purposes of giving them privilege.  He expressed his concern of the fact that there are a lot of additions in these plans. Mr. Fernandez asked Mr. Dacquisto to go down the list with him on this item.  Mr. Fernandez was looking at the Boundary Survey and pointed out how far out of compliance the property is. As someone that used to write a lot of title insurance would sure like to look at their policy.  Mr. Fernandez mentioned all the non-compliant areas including the rear setbacks.  Mr. Sarafan mentioned that the building was built in 1925 permitted under the City of Miami.  Mr. Fenrnandez made it clear he is not comfortable with the way this is presented.  Mr. Alexander began by thanking the Board.  He testified that the house was built in 1926.  He proceeded to make his presentation.  He also added that they would be bringing up the house from early 20th century to the 21st Century.  He explained the plans they had to comply as best they could with the setbacks.  He asked for a little bit of a variance for the laundry room.  Mr. Alexander pointed out on the plans what they are going to do.  They are bringing the house closer to compliance.  The Board asked questions.  The Cabana in the year 1957 showing it as being closed.  Modernize it without expanding the non-conformity.  Ms. Jackaway presented their plans.  Replace the roof with gable roof.  She provided more details regarding their plans for expansion of the one story addition.  The Board asked questions.  They have been very sensitive to what the Historic Board has suggested.  The Board asked questions.  Ms. Jackaway points out to the changes they are proposing to do in their one story addition.  She advised the Board to look at page 7 to see the dimensions of the laundry room.  They are proposing to do a circular driveway to accommodate one car using the existing driveway in the back for the other car.  The Board asked questions.  Mr. Sarafan clarifies that it’s really not a variance what they are asking to do with the parking.  Mr. Dacquisto addresses the Board regarding the parking.  The Board asked questions.  Mr. Fernandez expressed that he liked the idea, but he would like to see the whole picture.  Mr. Sarafan suggests that there may be a condition to approve.  The Board asked questions about the trees.  Mr. Alexander makes a circular motion with his hands to point out the size of the tree.  Mr. Dacquisto says that Miami-Dade and Public Works will determine if a tree can be removed and if you can replace it.  He says he is looking to the Board for guidance regarding the trees. He points out that you have to go to the County for approval and you have to pay compensation for the removal of the trees.  The Board addresses the issue.  Mr. Dacquisto re-iterates that this plan may work but at this time he cannot make a recommendation because he is not an arborist.   Mr. Sarafan suggests conditions that may be set in order to approve.  Mr. Dacquisto says that historically they have two parking spaces in the back.  Mr. Alexander says he is willing to work with the Board in order to get the plan approved.  The Board asked questions.  Ms. Jackaway points out that they have a parking space in the back and one in the front.  The Board asked questions.  Mr. Dacquisto goes over the plans displayed and points out to the parking spaces.  The Board asked questions about the fence around the pool.  Ms. Alexander says they are planning to put up a fence.  Mr. Busta says he does not have any problems with the setbacks.  The Board agrees.  Mr. Sarafan asks questions about the 18 conditions.  Mr. Busta makes a motion to approve subject to Staff recommendation.  Seconded by Mr. Abramitis based on the input by Mr. Dacquisto.  Motion Passed unanimously.

6)     PZ-03-15-2015183: 107 NE 93rd Street, (Owner) Oscar Rizzo & Marc Rivera, (Applicant) Same, (Agent) Cameron Kelts; 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. Metal roof.

Mr. Dacquisto provided information relating to the application which includes a metal roof.  The metal roof has a reflective radiance of 34.8 so it’s really on the low end of reflectivity so it should not create a glare to the neighbors.  Mr. Dacquisto read into the record his report for this metal roof.  Staff is recommending approval with 5 conditions as shown on the staff report.  The Board asked for a sample of the metal roof.  Cameron Kelts was present and provided extensive information regarding the metal roof.  He proceeded to show the way that the metal roof can be bent 180 degrees without chipping the color.  He states that the roof has a 35 years warranty.  The Board asked questions.  Mr. Kelts states that 1” length of the screws that will be used.  The Board asked questions.  There was a Motion to approve subject to Staff recommendation made by Mr. Busta.  Mr. Abramitis seconded the Motion.  The Motion was approved unanimously.

7)     PZ-03-15-2015184: 464 NE 92nd Street, (Owner) Andrea Tovar, (Applicant) Same, (Agent) Rolle Joseph; 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 story addition. Garage conversion.

Mr. Dacquisto provided information relating to the application which includes a first story addition and garage conversion.  The Applicant is proposing a 24’ addition to expand an existing bathroom. He further continued his report which includes the proposed addition of a master bedroom suite and attached garage conversion. Parking will be provided for at the front of the residence. Staff is recommending approval with 15 conditions as listed on the report.  Applicant did not wish to ask any questions nor did they wish to make a presentation.  There was a Motion to approve subject to Staff recommendations by Mr. Abramitis.  Mr. Busta Seconded the Motion.  The Motion was approved unanimously.

VIII) DISCUSSION

1)     The replacement of Mr. Zelkowitz.  Mr. Sarafan said maybe next regular meeting will be discussed.

IX)   NEXT WORKSHOP – Tuesday, April 28, 2015

X)    NEXT REGULAR HEARING – May 28, 2015.

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.