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Planning & Zoning Board Meeting Minutes - June 27, 2014

Miami Shores Village

Planning & Zoning Board Meeting Minutes

Thursday, June 24, 2014

 

 

In Attendance:

David Dacquisto, Planning & Zoning Director

Barbara Estep, Village Clerk

Richard Sarafan, Village Attorney

 

 

I)      ROLL CALL:  Richard Fernandez, Robert Abramitis, John Busta, Sid Reese, Steve Zelkowitz 

 

 

II)     BOARD MEMBER DISCLOSURES

 

Individual Board Members disclosed properties they had visited.

 

III)    ACTION ITEMS: PUBLIC HEARING

 

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

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

 

At the request of the Chair, Mr. Zelkowitz moved to move the Public Hearing to the end of the meeting agenda.  Mr. Busta seconded the motion and the vote was unanimous in favor of the motion.

 

IV)   MINUTES

 

1)     May 22, 2014.

 

Mr. Abramitis moved to approve the May 22, 2014 minutes as submitted.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

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.”

 

Mr. Sarafan swore in the witnesses.

 

VI)   TABLED ITEMS

 

1)     None

 

VII)  NEW ITEMS

 

1)           PZ-5-14-201496: 912 NE 95th Street, (Owner) Barclay Graebner, (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 information regarding the request for the garage conversion and indicated that the application was recommended for approval with conditions, which he read into the record.  A number of issues were raised by members of the Board, including existing setbacks, a fence and the proposed flat roof area ratio.  At the conclusion of the discussions, Mr. Zelkowitz moved to table the item until the July 24th meeting.  Mr. Busta seconded the motion and the vote was unanimous in favor of the motion.

 

2)        PZ-5-14-201497: 1080 NE 105th Street, (Owner) Veronique Sfara, (Applicant) Nester Cueto, (Agent) None; 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. Wood deck on plot and past seawall.

 

Mr. Dacquisto provided background information relating to the application, indicating that the applicant had made slight changes to the original application which had been denied by the Board.  Mr. Dacquisto stated that the staff recommendation was to deny the application, however recommended conditions to be met should the Board approve the request.  Structural Engineer, Mr. Cueto was present as a representative of the owner.  Mr. Cueto offered information regarding the request and how it differs from the original request for a dock and boat lift.  Mr. Cueto stated that the plans had received preliminary approval from DERM.   Mr. Jorge Mallo, a resident living next door to the property spoke against the project and spoke of numerous problems with the property. 

 

The Board discussed the width of the canal and the lack of specific regulations on the part of the county or in the zoning code to regulate intrusions into the canal relying solely on site plan review. The county allows docks and boat lifts to extend into the canal up to 25% of the canal width regardless of the width of canal or other factors. The proposal would contribute to the narrowing of the canal. Rafting of additional boats to docks and boat lifts would extend obstructions further into the canal. The board was concerned with narrowing the navigable channel of the canal and creating obstructions.

 

At the conclusion of the discussions, Mr. Abramitis moved to deny the application.  Mr. Busta seconded the motion and the vote was unanimous in favor of the motion.

 

 

3)        PZ-5-14-201498: 941 NE 91st Terrace, (Owner) Elise Fable, (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. One-story addition.

 

Mr. Dacquisto summarized the application information, indicating that the application was recommended for approval with specific conditions which he read into the record.  Following a brief discussion during which a number of items were clarified for the Board, Mr. Abramitis moved to approve the application subject to staff recommendations with the additional condition that the French doors be removed in order to deny access to the side yard.  Mr. Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.

 

4)        PZ-5-14-201499: 9400 N Bayshore Drive, (Owner) Mariela Rovito & Amine Doukkali, (Applicant) Same, (Agent) Hector Martinez; 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. Façade improvements and extension exterior remodeling.

 

Mr. Dacquisto provided background information regarding the application for remodeling the façade of the home and stated staff recommended approval of the application with conditions, which he read into the record.  Project Architect, Hector Martinez, was present and spoke on behalf of the property owners.  Mr. Martinez detailed the proposed changes to the home’s exterior façade and property.  Mr. Martinez confirmed that he would work with the Village Building Department to ensure all materials are approved for use. 

 

Mr. Zelkowitz moved approval of the application with the staff recommended conditions.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

 

5)        PZ-5-14-2014100: 450 NE 94th Street, (Owner) John & Kelly Moore (Applicant) Same, (Agent) Wyn Bradley;

 

Variance, Sec. 702, Hardship variances. Sec. 400. Schedule of Regulations, Accessory Buildings [“no door of any accessory building opening on an alley shall be located not less than 20 ft. from the center thereof.”] Variance to permit realignment of garage door now facing the side plot line to face the alley.

 

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 realignment to alley.

 

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 and second story addition. Raised pool and pool deck. Metal roof.

 

Mr. Dacquisto provided background information regarding the application and suggested that the Board hear the variance request first.  Mr. Dacquisto reviewed the applicant’s responses to the hardship criteria.  Staff recommends denial of the hardship request as the application does not adequately meet the hardship criteria. 

 

Architect Wyn Bradley, and owners John and Kelly Moore were all present and spoke to the request to relocate the garage doors to face the alley.  Alley facing garage doors do not meet the setback requirements (accessory building to center of alley) for this property.   Specifics regarding the property, i.e. ground elevation and lot size, were discussed, as well as the fact that a neighbor has a similar garage location yet has alley facing doors.  Ms. Bradley indicated that the applicant would like to install a pool and deck space to accommodate their family and outdoor activities.  It was noted that the request does not involve building in the setback.

 

Individual Board members spoke of their concerns regarding the requested variance to the setback distances as it relates to the accepted turning radius figures provided by staff, as referenced by the Transportation and Traffic Engineering Handbook, and their opinion that the applicant’s use of their property is not compromised by the current garage configuration, nor is it a unique circumstance as there are many properties of similar size. The applicant has reasonable use of the property without need of a variance. The hardship is self-created resulting from the type and location of development proposed. The applicant could provide parking in the front to free up space for the rear yard development  

 

Following a lengthy discussion amongst the Board and the applicants, Mr. Busta moved to approve the variance request.  Mr. Reese seconded the motion which failed on a 2 to 3 vote with Misters Zelkowitz, Fernandez and Abramitis voting against the motion. 

 

The remaining items under consideration for this applicant were moved to the end of the meeting in order to give the property owners time to discuss their options.   

 

6)        PZ-5-14-2014101: 9800 NE 5th Avenue Road, (Owner) Elise Frank & Jennifer Hornstein, (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. One-story addition. Front porch. Garage conversion.

 

Mr. Dacquisto provided information relating to the application, indicating that staff recommended denial of the application due to the porch flat roof which would exceed the allowable percentage.  Mr. Dacquisto stated the recommended conditions should the Board chose to approve the application.  Architect Victor Bruce was present on behalf of the property owner and corrected the information relating to the porch roof which is being proposed with a 2 ½ to 12 pitch rather than a flat roof.  Mr. Bruce also clarified other issues raised by the Board.   Mr. Fernandez confirmed that the originally recommended denial of the application was withdrawn with the flat porch roof issue clarified.  

Subsequently Mr. Reese moved to approve the application subject to the recommended conditions.  Mr. Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.

 

 

7)        PZ-5-14-2014102: 1290 NE 100th Street, (Owner) Ronald Kiefer & Kattia Garcia-Kiefer, (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. One-story addition. Front porch. Garage conversion.

 

 

 

 

Mr. Dacquisto provided background information regarding the application; read the staff recommendation to approve the request and the conditions for approval into the record.  Architect Victor Bruce was present on behalf of the property owners.  There were no questions from the Board.  Mr. Zelkowitz moved to approve the application with the recommended conditions.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

8)        PZ-5-14-2014103: 826 NE 92nd Street, (Owner) Maria Hernandez, (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. Sec 518 (2) Fence in the front yard.

 

Mr. Dacquisto offered information regarding the application for an ornamental fence in the front yard, recommending approval of the application and read the conditions for approval into the record.  Mr. Abramitis stated that the front yard is primarily concrete based on his observation both while driving by the property and as indicated in one of the photos attached to the application.  Mr. Dacquisto indicated that he does not review applications for issues not related to the zoning code application.  Property owner, Ms. Hernandez was present and spoke on behalf of her application.  A brief discussion ensued regarding whether or not to address the condition of the front yard and a request to have a more realistic depiction of the proposed fence/wall available for the Board to review.   Mr. Zelkowitz subsequently moved to approve the application.  This motion died for lack of a second.  Mr. Busta then moved to table the item until the July meeting.  Mr. Abramitis seconded the motion and the vote was 4 to 1 in favor of the motion with Mr. Zelkowitz dissenting.

  

9)        PZ-5-14-2014104: 1032 NE 98th Street, (Owner) 1032 NE 98th Holding LLC, (Applicant) Same, (Agent) Adam Mulroney; 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 and second story addition.

 

Mr. Dacquisto provided background relating to the application, recommending approval and read the conditions for approval into the record.   Mr. Mulroney was present and spoke to the application.  Mr. Zelkowitz moved to approve the application subject to staff recommended conditions.  Mr. Abramitis seconded the motion and the vote was unanimous in favor of the motion.

 

5)    CONTINUED -  Architect Wyn Bradley stated that the property owner would like the

Board to consider the request for the metal roof.  Mr. Dacquisto reviewed the request for the metal roof, recommending denial of the roof color due to the high reflectivity index of .68 and the Board’s denial of roof colors with similar reflectivity index.   Board Members, Mr. Dacquisto and Ms. Bradley discussed various issues regarding the roof material, it’s color and manufacturer.  Ms. Bradley offered manufacturer information regarding the reflectivity index after approximately 9 months to 1 year, figures that drop to .65.  Following these discussions, Mr. Dacquisto indicated that he would recommend approval of the application for the metal roof installation.  Mr. Zelkowitz moved to approve the metal roof installation as submitted.  Mr. Reese seconded the motion and the vote was unanimous in favor of the motion.

 

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

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

 

Individual Board members voiced their opinions on the issue with the consensus being to leave the code as it currently stands.  Mr. Fernandez opened the Public Hearing.  No one was present to speak to the issue and Mr. Fernandez closed the Hearing.  Mr. Reese moved to make no change in the current height regulations.  Mr. Busta seconded the motion and the vote was 4 to 1 with Mr. Zelkowitz dissenting.

 

 

VIII) DISCUSSION ITEMS

 

1)     Mr. Dacquisto indicated that a workshop session should be scheduled for discussion regarding the Barry University master plan.   Mr. Dacquisto suggested a date in September.  Board Members indicated they would check their respective calendars and advise Mr. Dacquisto.

 

IX)   NEXT REGULAR HEARING – July 24, 2014.

 

1)     Regular agenda.

 

X)    ADJOURNMENT

 

The June 27, 2014 Zoning Board meeting was adjourned at 9:50 PM.

 

 

 

 

 

                                                                                    _________________________

                                                                                    Richard Fernandez, Chair

 

 

____________________________

Barbara A. Estep, MMC

Village Clerk