Planning Board Minutes - February 23, 2012 Thursday, 7:00 P.M.




Village Hall Council Chambers 

10050 NE 2nd   Avenue  

February 23, 2012 

Thursday, 7:00 P.M.


  1. I.ROLL CALL Roll Call.


Present: Richard Fernandez, Chair, Sid Reese, Paul Madsen, Robert Abramitis, John Busta, David Dacquisto, Director of Planning and Zoning (Not voting), Richard Sarafan, Village Attorney (Not voting), Norm Bruhn, Building Official (Not voting).




Mr. Abrimitis visited Starbucks location. Mr. Reese and Mr. Madsen and Mr. Busta visited all three properties on agenda.




  1. a.None scheduled.


  1. IV.MINUTES Motion: Approve minutes, Action: Accept, Moved by Abrimitis, Seconded by Mr. Madsen.


  1. a.January 26, 2012





“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.”  







  1. 1.PZ-1-12-20120: 9839 NE 13th Avenue, (Owner) Bagon 3850 LLC (Applicant) Oscar Goncalves (Agent) Claudio Salazar; Special site plan review and approval. Pursuant to Articles IV, V and IV of Appendix A Zoning, Exterior remodeling and pool deck 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.

Mr. Salazar was present on behalf of owner. Agent did not have any questions for Mr. Daquisto, just add new information regarding property. Mr. Madsen asked if the applicant had an application in for permit through the building department, Mr. Daquisto stated he did not. Questions were asked about new regulations beginning in March. Mr. Abramitis asked if a picture was available to have a clear picture of the fence that would be going in and Mr. Daquisto did not have any pictures on file. Mr. Chairman asked Mr. Daquisto questions regarding application process because of new building permits that will change on March 15th.  

Mr. Salazar is part of the architect team and was hired to do a contemporary remodeling. Stated what kind of fence would be placed that is cohesive with windows. Owner is flexible with fence to eliminate if not up to code or replace with something board would approve. Mr. Chairman questioned the agent about the fence. Mr. Salazar said that everything is ready to go in order to submit plans to building department. Mr. Busta questioned Mr. Salazar about fence material and Mr. Salazar answered.  

Board discussion, comments about fence.

Public Hearing opened.

Public Hearing closed. 

Motion: Approve application without the fence subject to staff recommendations, Action: Accept, Moved by Robert Abramitis, Seconded by Sid Reese. 

Motion passed unanimously.


  1. 2.PZ-1-12-20121: 9488 NE 2nd Avenue, (Owner) MSVC LLC (Applicant) Starbucks (Agent) Atlas Signs/Jeffery Adinolfe; Pursuant to Articles V and VI of Appendix A Zoning, Special Site plan review and approval. Wall sign at rear of building.

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of denial into the record.

Mr. Ricky Torres was present by Atlas signs to present the case and had no questions for Mr. Daquisto. Mr. Chairman asked about other business with signs on the back of the building. Mr. Daquisto referred to board conditions of master sign approval previously on this location. Mr. Torres presented his case about why a sign is needed. Mr. Chairman asked about the necessity of sign.

Mr. Madsen stated information about what they do have as identification of their location. Mr. Reese stated what code states about signs on back of building and that they are not permitted. Mr. Abramitis agreed with both statements and what will happen in the future and future requests about this same issue. Mr. Busta made additional comments and control how our village looks. Mr. Chairman added information of what was approved before hand on this location and master signage. Mr. Sarafan made clarifications on proposal for illuminated sign codes and they are not permitted.

Motion: Deny application, Action: Deny, Moved by Robert Abramitis, Seconded by John Busta. Motion passed unanimously.


  1. 3.PZ-1-12-20122: 53 NW 97th Street, (Owner) USA Re Acquisitions LLC. (Applicant) Same (Agent) Miguel Gonzalo Negrete; Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and approval. Garage conversion.

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record.

No questions asked by applicant. No questions asked by board members.

Motion: Approve subject to staff recommendations. Action: Accept, Moved by John Busta, Seconded by Paul Madsen.

Motion passed unanimously.




  1. a.Request from Village Council:

During the regularly scheduled Council Meeting of Tuesday, January 17, 2012, Councilman Loffredo raised the issue of xeriscaping for front yards. Following a brief discussion, a motion was made, seconded and unanimously passed to have the Planning & Zoning Board research and report back to the Council as to whether creating an amendment for xeriscaping in the front yard to the Code would be appropriate and if so, to what extent. 

Mr. Daquisto defined what xerisacaping is and what is commonly believed it is. Xeriscape is not that easy and if we go into a code amendment the code will have to say 2 to 3 inches of mulch needed and will need to be enforced. We will also have to approve landscaping plans. There are a lot of regulations and if we allow it than city should follow Florida regulations handbook. Mr. Chairman asked about comments with the board. Mr. Abramitis asked if current staff has knowledge in xeriscape and that can enforce xeriscape. Mr. Daquisto answered that we did not have anyone with knowledge and didn’t see village hiring a person for this purpose. Mr. Reese stated his opinion regarding issue. Mr. Busta does not have any knowledge about issue and would need to research information and stated will probably be a helpful website. Mr. Madsen asked if there was information about code stating that xeriscape is allowed or not. Mr. Daquisto needs direction from board in researching it. Mr. Chairman stated his concerns. Mr. Sarafan stated what council asked of this board and what should be addressed. Recommendation is to see what other municipalities have done, have public hearing and talk to owner that already xeriscaped property and present research to council. Mr. Chairman agreed with Mr. Sarafan. Mr. Chairman also stated of what will need to be done to train staff. Mr. Abrimits stated to inquire about cost of hiring village staff and present it to the council. Mr. Madsen asked if it will be inappropriate to see property that already has xeriscaping and see what it looks like. Mr. Chairman asked Mr. Daquisto about information research by next meeting to have and investigatory public hearing. Mr. Flores and Mr. Bruhn will be asked to participate as well.


  1. b.Request from Village Council:

During the regularly scheduled Council Meeting of Tuesday, February 7, 2012, the village council discussed the ordinance permitting hybrid roofs and making the amendment permanent. Following discussion, a motion was made, seconded and unanimously passed to have the Planning & Zoning Board hold a public hearing to review and consider an amendment to the existing hybrid roof amendment Sec. 523.1 (k) to allow solar panels on the rear roof only and to eliminate the restriction on how far apart the rows of clay tile may be laid.

Mr. Sarafan expressed what transpired at council meeting regarding this issue. Mr. Chairman and Mr. Busta discussed spacing on roof. Mr. Sarafan clarified what law states, that we cannot prohibit solar panel(s). Mr. Chairman asked about alternate solar products. Mr. Daquisto gave information about this particular technology that is about 15inches wide. Mr. Abrimits asked about striped roofs, which is what it would look like. Would it also open more questions because if they are only allowed in the back of the home but if sun does not shine in back will they now request to place in front. Mr. Busta asked about probably getting a solar contractor to give more information about other options. Mr. Chairman expressed concern about other options that might be available. Mr. Madsen also commented about allowing vegetation roofs as well.


  1. c.Mr. Chairman raised concern on March 15th building code that will impact all houses on bay. Mr. Daquisto answered concerns with regard to codes by Fema as well. Provisions are in place mandated by Fema. They have made it tougher by placing it in the building code and building official is libel and license is at jeopardy. Fema will audit property. Mr. Daquisto said that it will stop development and it is intended for this purpose. Mr. Abramitis expressed concerns about issues if a hurricane would hit. Mr. Sarafan stated what new building codes will reflect.




  1. a.None scheduled.


  1. VIII.NEXT REGULAR HEARING – March 22, 2012


  1. a.Regular agenda.





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.




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