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Planning Board Minutes - October 8, 2015

MIAMI SHORES VILLAGE PLANNING BOARD MEETING

Village Hall Council Chambers

10050 NE 2nd Avenue, Miami Shores

OCTOBER 8, 2015

THURSDAY, 7:00 P.M.

In attendance:

Mr. David Dacquisto, Director

Jesus Suarez, Deputy Attorney

Mariana Gracia, Clerk

 

I) ROLL CALL

Present: Mr. Sid Reese, Mr. Robert Abramitis, Mr. John Busta, Mr. Mac Glinn, Mr. Richard Fernandez.

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

 

II) ACTION ITEMS: PUBLIC HEARING

 

1) Provide an interpretation of the zoning code regarding the approved location of decks and applicable setbacks. Discuss amending the code as necessary and or set workshop date.

The board’s current position is that a deck attached to the house has the same setbacks as the house, 15 ft. from the rear plot line and generally 10 ft. side plot line.

The board’s current position is that a deck that is detached from the house must be located 15 ft. from the house and has the same setbacks as an accessory structure, 5 ft. from the rear property line and generally 10 from the side plot line.

Public hearing is open. No public comment. Public hearing is now closed. Mr. Dacquisto brings up the issue that we are making the code as best but there is no specific language in the code dealing with decks. The setbacks based on the house and accessory structure setbacks. Mr. Glinn says that we have done the best with the guidance from the code. He suggests having a workshop for the decks. Mr. Busta is in agreement with Mr. Glinn regarding further discussion with more details. Mr. Fernandez directs Mr. Dacquisto to set up a workshop to discuss the decks and the Florida Friendly landscaping item and Barry University. Let’s try to do all three of these on the same night. End of discussion.

 

 

III) MINUTES

1) None

 

IV) SWEARING IN OF WITNESSES

1) SWEARING IN OF WITNESSES BY DEPUTY 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.”

 

V) TABLED ITEMS TO A TIME CERTAIN

1) None

 

VI) NEW ITEMS:

 

1) PZ-09-15-2015217: 9017 Biscayne Boulevard, (Owner) Shore Square Investments, (Applicant) Reinaldo Hernandez, (Agent) Joseph Ware; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (g) (2) and Sec. 600 Site plan review and approval required. Change of use; retail to studio arts. Signs.

Mr. Dacquisto provided information relating to the application which includes a change of use and Signs. The shopping center does have the additional 10 parking spaces required. The Applicant is proposing a wall sign and read in the details of the signs. Staff recommends approval of the change of use and the sign with the conditions as attached. The Board asked questions and made comments. Mr. Reynaldo Hernandez was present and wished to present. Mr. Hernandez testified that the signage on the window will go. They are a national franchise called Orange Theory. They are a health fitness studio that specializes in group training with maximum of 26 people capacity. He gave more details about how many studios are open statewide. Mr. Abramitis made Motion to approve the change of use and the signs subject to staff recommendations. Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

2) PZ-09-15-2015218: 94 NE 93rd Street, (Owner) Charles Walter and Maria Paula Garcia, (Applicant) Same, (Agent) Randall Moreland; 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 which includes a 900 square foot addition with conditions which he read into the record. Staff is recommending approval subject to the conditions that are attached. Mr. Randall Moreland, of Moreland Architecture in Miami was present and wished to address the Board. Mr. Moreland says that the addition is meant to be integral with the rest of the house, same look and feel. Mr. Busta made Motion to approve subject to Staff recommendations. Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

3) PZ-09-15-2015219: 10628 NW 2nd Avenue, (Owner) Sandra Cotton, (Applicant) Same, (Agent) Randall Moreland; 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. New residence. Metal roof.

Mr. Dacquisto provided information relating to the application which includes a brand new residence and Metal roof with conditions with he read into the record. Mr. Dacquisto said that what he had was a combination of peak and flat roof. Staff is recommending approval with the conditions as attached. Mr. Randall Moreland, from Moreland Architecture in Miami was present and wished to present. Mr. Moreland said that the house is to be energy efficient. The owner would like to upgrade her home. She is looking for more room and something that fits into the neighborhood but is also energy efficient. Abramitis asked for clarification from the letter of intent regarding landscaping as Florida friendly landscape. Mr. Abramitis asked if the Applicant had submitted a landscape plan. Mr. Moreland proceeded to show on the board he brought in to show his plans where the landscape will be. The other question from Mr. Abramitis is energy efficient does not have to be done with this style of architect. Is this something that can be accomplished with other style of architect? Mr. Moreland responds that it can be incorporated. The low tech means low hanging blocking direct sun light. You get indirect sun light through the windows but you don’t get the heat gain from direct sun light. That is what those extended overhangs are for. Mr. Moreland gave more details into his design and how it uses the sun light. Mr. Abramitis asked, what’s the point of this projecting piece on the roof? Mr. Moreland explains that part is north facing and is to get all of the indirect light and gives more details to the Board. The Applicant still has to work through the Village landscape code. It may have to be ultimately be changed to follow the code. The Board asked questions about Florida friendly landscaping. Mr. Moreland answers that Florida friendly is more restrictive than our code and gives some examples of the nature of the landscaping. Mr. Dacquisto says that the comments we get is that it’s less restrictive than our code that is one of the reasons it is in our agenda. Mr. Moreland says that he uses Florida friendly for his own yard maybe a little bit beyond they went all native. That allowed them to not even install an irrigation system. It is very low maintenance. Mr. Abramitis asked what do you intend to use for ground cover. Mr. Moreland responds that there is a perennial peanut he is planning on using. The Board asked questions. Mr. Dacquisto says that if they use all one type of covering that would work for our code. Mr. Busta comments and praises the design. Mr. Glinn thinks that the overhang idea is a great one, good job. Mr. Busta made a Motion to approve subject to Staff recommendations. Mr. Reese seconded the Motion. Board member discussion happened at this time. Motion re-stated by Mr. Busta, seconded by Mr. Reese and the Motion was approved 4 to 1 with Mr. Abramitis voting against it.

 

4) PZ-09-15-2015220: 9509 N Miami Avenue, (Owner) Enrique Cadenas & Lizeth Zepeda, (Applicant) Same, (Agent) Fernando Zabala; 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 and attached pergola.

Mr. Dacquisto provided information relating to the application which includes a one story addition with attached pergola on the north side of the residence. The pergola is attached to the residence and is accessible from the residence. The pergola basically serves as a carport. The Applicant has been advised the pergola is open there is no roof except for the beams. Mr. Dacquisto emphasizes that the pergola cannot have a wall or a roof. It cannot be closed without further approval by this Board. Mr. Dacquisto read into the record some of the requirements. Staff is recommending approval with 12 conditions attached. Mr. Fernando Zabala architect of 1020 8th Avenue, Naples, FL proceeded to present the plans he brought in to show the Board. The new addition blends in with the existing homes he attests. Mr. Zabala says that the garage will be closed in and converted. There is also a proposal of a fence in front of the house. The Board asked questions. Mr. Dacquisto had one more comment; he points to the very last page of their package and says that is no more than 3 ½ feet correct. Mr. Zabala says it is not. Motion made by Mr. Glinn to approve subject to Staff recommendations. Seconded by Mr. Reese and the vote were unanimous in favor of the Motion.

 

5) PZ-09-15-2015221: 10565 NE 2 Court, (Owner) Samuel Comerford, (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 provided information relating to the application which includes a one story addition and a garage conversion. Mr. Dacquisto read into the record the proposal and conditions attached. The addition will contain a cabana bath that is only accessible through the rear yard. Also proposed is an outdoor cooking area. The addition will have a clay barrel tile roof to match the existing roof. The Applicant is proposing to convert the garage into a new kitchen. Mr. Dacquisto gives more details about the front addition. Staff is recommending approval with the conditions attached. Mr. Mark Campbell, architect of 373 NE 92 Street, Miami Shores, FL proceeded to present the plans he had in front of the Board members. He said they are doing a large extension to the rear of the property. With setbacks for a future pool that they plan on doing which is not part of this application. They are upgrading the septic system. The Board asked questions. Mr. Campbell answer that there is a swale but it is not paved. Also there is no sidewalk in this area. Motion made by Mr. Abramitis to approve subject to Staff recommendations. Seconded by Mr. Glinn and the vote were unanimous in favor of the Motion.

 

6) PZ-09-15-2015222: 9301 Bayshore Drive, (Owner) Guy Kurlandski, (Applicant) Same, (Agent) Evelyn Barrozzi; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 and Sec. 600. Site plan review and approval required. Second-story addition and new attached garage.

Mr. Dacquisto provided information relating to the application which includes a second story addition and a new attached garage. The Applicants have been before this Board previously as a one story remodel. The house is in a velocity zone VE11 the Applicant has to be very aware of the limits of construction based on their location and also the limitation on the amount of money that can be spent in a given year. For improvements cannot be more than 50% at the point you hit 50% of the value of the house in new construction you could basically tear house down. Mr. Dacquisto read into the record the proposed plans. The value of the house is approximately $310,000.00 according to the county assessor and the project may not exceed $155,000.00. The Applicant does have the option of providing a new appraisal that is subject to the approval of the Building Official. Staff is recommending approval with the conditions that are attached. Ms. Evelyn Barrozzi of 17100 Collins Avenue, Sunny Isles Beach, FL was present. Mr. Abramitis asked Mr. Dacquisto about his recommendation #5 that the Applicant will have to come back for approval of this Board. My question is if we were to approve this plans the way it’s been recommended is it possible we can all find ourselves in a situation where they completed the construction and then had to come back after that was done to request the drainage modifications that may or may not be granted or is this being done in such a way as we know that the drainage that they need is there before construction starts. Mr. Dacquisto responds that they would have to provide the Building Official with a drainage plan saying that they are going to retain the water on site. That plan may fail. So you are always subject to come back before this board. Unless there is minor modifications that can be done by the Building Official or me to protect your neighbors that is our concern. The Board asked more questions regarding the drainage plan. Mr. Dacquisto answers that they have to have one that the Engineer signing thinks will works. Further the Engineer certification is the guarantee that it will work and that is what we have to rely on. Ms. Barrozzi proceeds to present her plans to convert the existing garage into a family room and give more details on her plans. She points out that their new appraisal came out to be $807,000.00. Mr. Dacquisto says that it is up to the Building Official to approve the appraisal. Regarding the drainage plan they have submitted a plan for the Board to look at. There is some interior renovation to be done. Existing bedroom #1 will be converted into a den. Existing bathroom will be converted into a powder room. She gave more details as to what interior renovations will be done. They are also proposing a wood deck within the setbacks. They are proposing a summer outdoor kitchen and a pergola. They are relocating an existing tree towards the front of the house. The Board asked questions. Mr. Glinn made a Motion to approve subject to Staff recommendations. Seconded by Mr. Reese and the vote were unanimous in favor of the Motion.

 

VII) DISCUSSION

1) None

 

VIII) NEXT WORKSHOP – TBA

1) Set workshop date to discuss Florida Friendly Landscaping.

Mr. Fernandez discussed the issue of Florida Friendly Landscaping per Council’s request. He requested of Mr. Dacquisto to provide the materials needed to discuss in more detail. Mr. Abramitis recalls we had various experts come in and give their advice and the conclusion was reached that we could be Florida Friendly under our existing code. Mr. Fernandez talks about the allocation of time to each of the items in front of the Board. He would like to schedule Barry’s Master plan first. Mr. Dacquisto says that Barry needs to have its own separate time. Mr. Fernandez talks about the re-appointments and scheduling issues with that. He suggests leaving this until November to allow the new appointees to have a chance to look at the issues at hand. The Board comments on the issue of discussing these items with changes in the Board coming in soon. Mr. Fernandez suggests holding off scheduling the meeting until after the appointments. The Board reaches a consensus on scheduling the meeting for later. Mr. Fernandez requests that Mr. Dacquisto inform Barry University of this decision.

2) Set workshop date to discuss Barry University Campus Master Plan.

 

IX) NEXT REGULAR HEARING – November 12, 2015. The second Thursday of November.

 

X) 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.