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Planning Board Minutes - May 22, 2014

MIAMI SHORES VILLAGE PLANNING BOARD MEETING MINUTES

 

Village Hall Council Chambers

10050 NE 2nd Avenue, Miami Shores

 

 

MAY 22, 2014

THURSDAY, 7:00 P.M.

 

 

In Attendance:

David Dacquisto; Planning and Zoning Director

Karen Banda; Clerk

Richard Sarafan: Village Attorney

 

 

I)      ROLL CALL

 

Steve Zelkowitz, John Busta, Sid Reese, Robert Abramitis. Chairman Richard Fernandez,

 

 

II)     BOARD MEMBER DISCLOSURES

 

III)    ACTION ITEMS: PUBLIC HEARING

 

1)     Miami Shores Village Code of Ordinances, Appendix A Zoning, Amendments.

a)     Recommendation to Village Council on FAR, Open Space and Green Space code amendments.

b)    Recommendation to Village Council on height of dwellings in the R Districts code amendments.

 

Motion: Move Public Hearing Items to end of meeting.

Moved by John Busta, seconded by Sid Reese.

Motion approved unanimously.

 

 

IV)   MINUTES

 

1)     April 24, 2014.

 

Correction to Minutes, Attorney Richard Sarafan was not present at last meeting.

Motion: Approve minutes subject to corrections.

Moved by Steve Zelkowitz, seconded by John Busta.

Motion approved unanimously.

 

 

 

 

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

 

Motion: Lift item from table.

Moved by Steve Zelkowitz, seconded by Sid Reese.

Motion approved unanimously.

 

1)     PZ-3-14-201488: 575 NE 105th Street, (Owner) Omar Villanueva, (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 and addition.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mark Campbell was present as agent and stated after meeting with board last month the plans were changed from a flat roof to a hip roof and will meet code requirements.

 

Motion: Approve subject to staff recommendations.

Moved by Robert Abramitis, seconded by Sid Reese.

Motion approved unanimously. 

 

VII)  NEW ITEMS

 

1)     PZ-4-14-201489: 10275 NE 2ND   Avenue, (Owner) AGM Development, (Applicant) Liliana Pato, (Agent) Able Electric of South Florida; Pursuant to Articles IV, V and VI of Appendix A Zoning,  Sec. 400, Sec. 504 Signs and Sec. 600. Site plan review and approval required. Wall sign.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Liliana Pato was present on behalf of owner as agent. Board members reviewed packet and did not have any questions for agent.

 

Motion: Approve subject to staff recommendations.

Moved by Steve Zelkowitz, seconded by Robert Abramitis

Motion approved unanimously. 

 

 

 

2)     PZ-4-14-201490: 2 NW 108th Street, (Owner) Cap Realty, (Applicant) Zavier Capdevielle, (Agent) Same; 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. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record.  Mr. Capdeville was present as owner. Mr. Abramitis asked staff if there was a door in the back of the garage that had been converted to a bedroom and staff answered there is an existing door in the rear but applicant is proposing with plans submitted that door will be replaced with a sliding window. Chairman asked staff if the kitchen that was going to be removed was sufficiently identified in plans in to which kitchen would remain and which would be removed. Staff answered yes. Mr. Capdevielle gave presentation and reiterated that door that was located in the back of the garage would be removed and a window would be put in its in place.

 

Motion: Approve subject to staff recommendations.

Moved by John Busta, seconded by Sid Reese.

Motion approved unanimously.  

 

3)     PZ-4-14-201491: 196 NE 105th Street, (Owner) William Hulme & Ioanna Konidari, (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. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. Hulme was present along with architect Alex Santamaria.  

 

 

Motion: Approve subject to staff recommendations.

Moved by Steve Zelkowitz, seconded by Sid Reese.

Motion approved unanimously.

 

3A)  PZ-4-14-201492: 461 NE 101st Street, (Owner) Liza Ayuso, (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 one-story addition.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mark Campbell gave presentation and presented pictures of home. Mr. Zelkowitz asked after looking at the plans if the vestibule from the main house to the addition if that would always be open or if there would be a door to close of section allowing for a possible separate rental apartment and architect stated there would be no door. Mr. Reese gave comments about plans and did not see possibility of a separate rental. Mr. Chairman asked questions regarding plans as for windows and rear access from alley. Mr. Zelkowitz gives comment about definition of vestibule and feeling more comfortable with changing the word vestibule on the plans to the word hallway. Alan Coronado and Liza Ayuso gave presentation and background of why they chose to make addition to home.

 

Motion: Approve subject to staff recommendations.

Moved by Sid Reese, seconded by Steve Zelkowitz.

 

Staff reminds Chair of recommendation number 3 that reads “Vestibule door to the rear yard to be removed from plans and is not permitted as part of this approval.” Chair asks Mr. Reese if that was his intention.

 

 

Mr. Reese removes his motion and Mr. Zelkowitz removes his second.

 

            Discussion by board.

 

Motion: Approve subject to staff recommendations excluding number three, reforming the drawing so that “vestibule” now reads “hallway” and a provision that a rear fence be kept in place as a part of the recorded declaration with access on the west side of the lot in the rear.

 

Moved by Steve Zelkowitz, seconded by Sid Reese.

Motion approved unanimously.

 

 

4)     PZ-4-14-201493: 1250 NE 96th Street, (Owner) Kimberly & Fernando Crespo, (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. Addition.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Victor Bruce was present. Mr. Bruce gave presentation and walks board through plans and additions. Flat roof will be changed to match roof on existing house. Richard Sarafan asked Mr. Bruce about survey that says apartment and existing drawing that says cabana bath if that would be removed and build on that space and Mr. Bruce said yes.

 

Motion: Approve subject to staff recommendations.

Moved by John Busta, seconded by Steve Zelkowitz

Motion approved unanimously.

 

5)     PZ-5-14-201494: 102 NE 106 ST, (Owner) Raymond Slate for Sweet Land Real Estate Assets, LLC, (Applicant) Same, (Agent) Heisel Alvarez; 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. Abramitis asked staff if the current parking other than the garage is in violation of our code. Staff answered that the new parking layout would have to meet our code requirements and that is why he added the 10ft side yard setback to recommendation. Mr. Abramitis clarified in the form that it is stated that all parking on the site will be legal and staff answered yes. 

 

Motion: Approve subject to staff recommendations

Moved by Steve Zelkowitz, seconded by Sid Reese.

Motion approved unanimously.

 

 

ACTION ITEMS: PUBLIC HEARING

 

Miami Shores Village Code of Ordinances, Appendix A Zoning, Amendments.

a)     Recommendation to Village Council on FAR, Open Space and Green Space code amendments.

 

Public Hearing Open

 

Public Hearing Closed

 

Chairman gives summary of FAR and analysis made by board through workshops. Chairman requests a motion to leave existing requirements in place.

 

Motion: Motion to recommend leaving as is.

Moved by John Busta, seconded by Sid Reese

Motion approved unanimously.

 

ACTION ITEMS: PUBLIC HEARING

a)     Recommendation to Village Council on height of dwellings in the R Districts code amendments.

 

Public Hearing Open

 

Public Hearing closed

 

No one present at meeting other than staff and board members.

 

Chairman gives comments of excellent analysis drafted by Planning and Zoning director. Chairman was ready to vote in favor of recommendation until he visited area of where this recommendation would apply to and after looking at pink house that has an elevator shaft on it he has certain concerns of what future might look like. There is a big empty lot in that area and it could possibly be subdivided and if height limitation is changed there will be a big obstruction of view when home or homes are built.  The sunrise does disappear and Chairman asks board members to visit site and look at area well, before making a decision. It is still possible to build a livable home under the current height limitation.

 

Mr. Abramitis asks questions in regards to possible subdivision of empty lot. Chairman states that staff has mentioned that there have been inquiries to that effect but even though it is not something that is presently before board to review it may be presented soon and changes to the height requirement can impact that construction. Mr. Abramitis comments that he would like to visit location before voting. Mr. Abramitis asks village attorney if you took a large lot such as you may find on the bay, would it be possible to turn it into two homes under our recently amended code. Village attorney states there are too many variables to answer in a vacuum. Attorney believes that our code leaves room for someone with a sufficiently large lot under the appropriate circumstances to make it into two buildable lots and that has always been the case, for example if you had 10 lots in a row but board did address it and did tighten up the regulations because board was worried about micmansion concepts.  

 

Planning and Zoning director comments that village council did look at the concept of preventing people from splitting lots even if you had 150ft of frontage or something like that. The council decided to leave things as they are and the prohibition on plot splits was not approved by the village council.

 

Mr. Zelkowitz gave comments and believes that the elevator tower is a 40ft. structure that was approved through a variance and not 35ft in height. Agrees if there is still concern than we should table again and all go take a look. The federal government has created a situation that deprives the people on the water to do what the rest of the homeowners are allowed to do and this board was in some way granting some type of relief.

 

Mr. Abramitis gives comments and asks if what they are really addressing is how high the room heights can be because of what FEMA has done. FEMA has compressed the available room height that people could otherwise have, but is there still plenty of living space instead of 14ft ceilings. Question for staff is how high the ceilings in the house can be if the height limit is left at 30ft.  Given the FEMA regulations is it feasible as is because he would factor that into the decision made.

 

Staff stated that there are diagrams in packet that address question. You can do it but you will have flat roofs and 9ft ceilings.

 

Mr. Abramitis states if it is doable to build home than question to answer if this is a hardship that we want to address.

 

Motion: Table item.

Moved by Steve Zelkowitz, seconded by Sid Reese.

Motion approved unanimously.

            

 

II)     DISCUSSION ITEMS

 

1)     None

 

III)    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.

 

IV)   NEXT REGULAR HEARING – June 26, 2014.

 

1)     Regular agenda.

 

V)    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.

notice required), or information, please notify the Village Clerk’s office of such need at least 72 hours (3 days) in advance.