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Planning Board Minutes - February 26, 2015

MIAMI SHORES VILLAGE PLANNING BOARD MEETING

 

Village Hall Council Chambers

10050 NE 2nd Avenue, Miami Shores

 

FEBRUARY 26, 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, Sid Reese, Robert Abramitis, Chairman Richard Fernandez (Present), Steve Zelkowitz (In at 7:38 PM)

 

II) BOARD MEMBER DISCLOSURES

Individual Board Members disclosed properties they had visited with respect to applicants appearing before the Board.

 

III) ACTION ITEMS: PUBLIC HEARING

 

1) None

 

IV) MINUTES

 

1) January 22, 2014.

 

Mr. Busta moved to approve the minutes. Mr. Reese Seconded the Motion and the vote was unanimously passed.

 

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.”

 

VI) TABLED ITEMS

 

1) PZ-12-14-2014155: 8965 NE 6th Avenue, (Owner) John Militana, (Applicant) Melys Boisnote, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f) (1) and Sec. 600. Site plan review and approval required. Signs.

 

Mr. Reese made a Motion to Table to March 26, 2015. Mr. Abramitis seconded the motion and the vote was unanimous in favor of the motion.

 

2) PZ-12-14-2014158: 285 NE 95TH Street, (Owner) Santiago Martinez, (Applicant) Same, (Agent) Louis Kallinosis; 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. Abramitis made a Motion to Table to March 26, 2015. Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

VII) NEW ITEMS

 

1) PZ-01-15-2015159: 149 NE 105th Street, (Owner) Zurddo Corp, (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.

 

Mr. Dacquisto provided information relating to the application which includes a first story addition. Staff recommends approval with 9 conditions. Mr. Fernandez specified that due to the fact that there are 12 new items in the Agenda, Mr. Dacquisto will not be reading each condition on the Staff Reports for each item before us, if there are no objections from the Board. These Staff Reports are available online and have been provided to each of the Applicants beforehand. Mr. Ruben Jimenez of 200 Oakwood Lane, Hollywood Florida. The Architect gave a brief presentation of the addition to the house. There were no questions from the Board. Motion to approve subject to Staff recommendations by, Mr. Abramitis. Seconded by Mr. Busta and the vote was unanimous in favor of the motion (Mr. Zelkowitz was not present for the vote

 

2) PZ-01-15-2015160: 214 NE 98th Street, (Owner) Gator 9723 NE 2nd Avenue LLC, (Applicant) Gonzalo Silvera, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f) (1) and Sec. 600. Site plan review and approval required. Signs.

 

Mr. Dacquisto informed the Board that the actual building address is 9723 NE 2nd Avenue. Mr. Dacquisto provided information relating to the application which includes signage in the front window. The Staff recommends approval with the attached conditions. No questions from Applicant. Gonzalo Silveira provided information regarding the computers business he is opening. No questions from the Board. Motion to approve subject to Staff recommendations by, Mr. Abramitis. Seconded by Mr. Busta and the vote was unanimous in favor of the motion. (Mr. Zelkowitz was not present for the vote)

 

3) PZ-01-15-2015161: 1350 NE 101st Street, (Owner) Dirk & Elizabeth Peterson, (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. Metal roof.

 

Mr. Dacquisto provided information relating to the application which includes a new metal roof with reflectivity of R28. Mr. Dacquisto provided a sample of the metal roof for the Board to see. The Applicant Elizabeth Peterson provided another sample of the metal roof. The house in question is a 50th ranch. Staff recommends approval with the attached conditions. No questions from the Applicant. No questions from the Board. Motion to approve subject to Staff recommendations by, Mr. Busta. Seconded by Mr. Reese and the vote was unanimous in favor of the motion. (Mr. Zelkowitz was not present for the vote)

 

4) PZ-01-15-2015162: 1201 NE 101ST Street, (Owner) Michael Nunziata, (Applicant) Same, (Agent) Gustavo Spokoiny; 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 Master bedroom suite addition in the front of the residence in the southwest corner. Mr. Dacquisto explained that the residence is subject to a flood zone and also a building code. There is an issue with construction in a floodplain that may require any addition to be raised. This means plans approved by the board for architecture and zoning may not be able to secure a building permit due to building code issues. Mr. Dacquisto provided more information regarding the approval by this Board. Subject to approval by the Building Department. The Board asked questions. Based on zoning review Staff recommends approval with 14 conditions. Applicant Gustavo Spokoiny was present. The owner Michael Nunziata was present. The Applicant had no questions, and gave a brief presentation of their plans. The Board asked questions. Motion to approve subject to Staff recommendations by, Mr. Busta. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion. (Mr. Zelkowitz was not present for the vote). The conditions of approval have been modified based on information that the residence was not located in a flood plain, drainage must still be retained on site as identified on the development order.

 

5) PZ-01-15-2015163: 225 NE 105th Street, (Owner) Kenneth Wilkinson (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.

 

Mr. Dacquisto provided information relating to the application which includes 150 sq. ft. master bedroom and a pool. Staff is recommending approval with 9 conditions. The Board asked questions. Mr. Abramitis discussed the fact that there is a variance request in the letter submitted by the Applicant. Mr. Dacquisto testified that staff is looking at it as a Site Plan Review as opposed to a Variance. Mr. Dacquisto addressed the Board regarding the parking proposed. The Board asked questions. Mr. Sarafan asked questions to clarify the parking proposed. The Board asked questions. The Applicant Kenneth Wilkinson and the Architect Davis Terran testified about the proposed plans. The Board asked more questions. Mr. Dacquisto clarified that the house was built under a code that required a 25 ft. front yard setback however the plans were accepted by the village and a house was built and finalized with a 20 ft. front yard setback. The Board asked questions. Chairman Fernandez expressed a concern about the variance requested. Mr. Abramitis stated that the driveway as presented on the plan did not meet setbacks however applicant was removing a noncompliant driveway and the new driveway was reducing the element of nonconformity on the overall site. The Architect addressed the Board regarding the driveway setbacks. The Board discussed the plans as presented regarding the non-conforming driveway. Motion to approve the site plan subject to Staff recommendations by, Mr. Abramitis. Seconded by Mr. Busta and the vote was unanimous in favor of the Motion. (Mr. Zelkowitz arrived at 7:38PM and was in the vote)

 

6) PZ-01-15-2015164: 41 NW 105th Street, (Owner) Corrie Rice; (Applicant) Same, (Agent) Mario Averhoff; 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 a second addition of a 329 sf Media Room at the rear of the residence. Note that the A/C unit proposed is within the required setbacks it is not permitted and the location will have to be changed so that the new A/C meets setback requirements. Staff is recommending approval with the 7 conditions one of which is that the A/C shall not be located within the required 10’ setback. Mario Averhoff was present and did not wish to make any questions. Mr. Averhoff briefly presented his application to the Board. No questions from the Board. Motion to approve subject to Staff recommendation by, Mr. Zelkowitz. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

 

7) PZ-01-15-2015165: 88 NW 111th Street, (Owner) Trifecta Capital LLC, (Applicant) Same, (Agent) Daniel Gitlin; 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 for a new addition and Pergola. Mr. Daniel Gitlin was present and proceeded to present his case. He explained that the plans that were submitted had a white tile roof. He wanted to change it to Red Barrel tile. Staff had no objection to the change. Mr. Abramitis asked the Applicant for the shade of red the color of the roof. Public comment by Ms. Alina Cause lives next door and would like to take a look at the plans. The Board asked questions. Mr. Sarafan clarified that the Motion to approve the white tile roof. The Board asked questions. Mr. Dacquisto clarified that the color of the roof was not an issue to be dealt by this Board. The Board gave information regarding the procedure for approval of different color and material roof. The Board made more comments regarding the procedure to be followed for roof change and colors of the roof. Motion to approve subject to Staff recommendation and that the roof approved be the white tile. Also, with condition that if the applicant changes the roof to the red tile that it would have to come back to the Board for approval. Seconded by Mr. Abramitis and the vote was unanimous in favor of the Motion.

 

8) PZ-01-15-2015166: 1248 NE 98th Street, (Owner) John and Marie Perikles; (Applicant) Same, (Agent) Victor Bruce; 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. Garage and car port conversion.

 

Mr. Dacquisto provided information relating to the application for a garage conversion and a carport. The addition of a new roof with barrel tile. Victor Bruce clarified that the address to the site is 9730 NE 5th Avenue Road, therefore not in a flood zone. Mr. Dacquisto agreed. Staff recommends approval with deleting conditions 3, 4, 5, 6, 8. No questions from the Board. Mr. Zelkowitz Motion to approve subject to Staff recommendation with the deletion of the conditions as stated by, Mr. Dacquisto. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

 

9) PZ-01-15-2015167: 358 NE 101st Street, (Owner) Scott Smith & Patrice Gillespie-Smith; (Applicant) Same, (Agent) Victor Bruce; 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. First story addition.

 

Mr. Dacquisto provided information relating to the application for a first story addition and Pergola. A future pool is planned for the yard. Staff is recommending approval with 7 conditions. Victor Bruce of 370 NE 101 Street, Miami Shores. No questions from the Board. Motion to approve subject to Staff recommendation by Mr. Zelkowitz. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

 

10) PZ-01-15-2015168 – Deleted File Number / PZ-02-15-2015172 - New File Number: 1214 NE 92nd Street, (Owner) Steven & Virginia Weber; (Applicant) Same, (Agent) Victor Bruce; 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. First story addition.

 

Mr. Dacquisto provided information relating to the application for a first story addition and a cabana bath for the pool. Property is located within a flood zone. Staff is recommending approval with 12 conditions. Motion to approve subject to Staff recommendations by, Mr. Abramitis. Seconded by Mr. Zelkowitz and the vote was unanimous in favor of the Motion.

 

11) PZ-01-15-2015169: 9915 NE 4th Avenue Road, (Owner) Esteban Giugovaz & Francesca Rinonapoli Trust; (Applicant) Same, (Agent) Victor Bruce; 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. First story addition. Partial Garage conversion and conversion of carport.

 

Mr. Dacquisto provided information relating to the application for a partial garage conversion and conversion of carport. Staff recommends approval with 9 conditions. No questions from the Board. Victor Bruce was present and did not wish to ask any questions. Motion to approve subject to Staff recommendations by, Mr. Busta. Seconded by Mr. Zelkowitz and the vote was unanimous in favor of the Motion.

 

12) PZ-01-15-2015170: 270 Grand Concourse, (Owner) Erhan Kostepen; (Applicant) Same, (Agent) Yoel Ortiz; 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. First story addition and façade improvements.

 

Mr. Dacquisto provided information relating to the application for a first story addition and façade improvements. Staff is recommending approval with 7 conditions. The Board asked questions. Yoel Ortiz from JD Engineering and Construction of 20352 SW 134 Street, Miami, FL was present and did not wish to ask any questions. Public comment from Ron Pierson neighbor supported the plans. Motion to approve subject to Staff recommendation by, Mr. Zelkowitz. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

 

VIII) DISCUSSION ITEMS

 

1) Mr. Dacquisto informed the Board that Staff will be preparing reports for the next Planning meeting. Staff will be bringing forward information on the fence height and the fence issue that was discussed by the Planning and Zoning Board and will have the amendment as this Board has requested for review.

 

2) Staff will have draft language to discuss to take action on regarding the frontage and the minimum plat area requirements. We also discussed the zoning of the annexed area but did not come to any conclusions on that at that time. One of the things we did do is Staff offered to take individual Board members on a tour, one at a time. Mr. Busta is already set up a time to go at 9:00 AM tomorrow. Mr. Reese will go at 10:00 AM. The Code Enforcement Official and Mr. Dacquisto will take them on a tour of the annexed area. Basically see what’s out there, how we’ve transitioned since taken it over. It helps as we formulate ideas and amendments to deal with the issues in that area. Mr. Dacquisto also mentioned that at the Workshop we had that area at the City now for six years now since it was actually finally approved by the County. Mr. Dacquisto said that we are now at the point that we should apply Miami Shores zoning because right now it has Miami-Dade zoning. Mr. Fenrnandez requested we have another Workshop on all issues, the board agreed. The Board approved having another Workshop. Mr. Dacquisto will have the Clerk call around and set up a date for the next Workshop.

3) Mr. Sarafan mentioned that the K-Mart shopping center was recently annexed. Car wash, Bank, K-Mart. There won’t be a referendum regarding this.

 

IX) NEXT WORKSHOP – TBD

 

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

 

2) Village Council Request: Planning Board to review the current zoning code provisions for fences and consider amending the code; to permit 6 ft. fences in the side and rear yards; to allow board on board wood fences and other options on corner plots, to allow gate and post ornamentation in excess of the height limit; to allow additional building materials including solid boards of pvc and plastic-composite and metal plate.

3) Board Initiative: Increase minimum frontage requirement and/or increase minimum plot square footage requirement for newly subdivided plots.

 

X) NEXT REGULAR HEARING – March 26, 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.