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Home My WebLink About2003-0828 Zoning Hearing SUMMARY MINUTES City Commission Meeting: Zoning Hearing Thursday, August 28, 2003, 7:00 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:10 p.m., with the following officials present: Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lila Kauffman City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser Acting City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCE Action: Commissioner Iglesias led the Pledge of Allegiance to the flag. Mayor Samson read an introductory statement, and said that it was requested to hear Item 4E before Item 3A; and, that there is a substitution to the Add-On Item 5A TDR Ordinance. Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to approve the above-mentioned changes to the agenda and to add-on Item 5A. The motion was approved by a voice vote of 5-0 in favor. 3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 3A. Request of Sergy Zlobinskiy, Owner of the Property Located at 322 — 189`h Street, Sunny Isles Beach, Florida, for the Following: [Hearing#Z2002-04] 1. Variance of Setback to permit an existing residence to setback 15 ft. from the front (north) property line (25 ft. required). 2. Variance of Setback to permit an existing utility addition to the residence to setback 5.62 ft. from the interior (west) side property line (7.5 ft. required). Summary Minutes: City Commission Meeting August 28,2003 Sunny Isles Beach,Florida Protests 0 Waivers 0 Ex-Pane 0 Action: City Attorney Dannheisser read a disclaimer for the Zoning hearing,and noted that a lawsuit has been filed by the Town of Golden Beach and others, asserting general allegations regarding the validity of certain Land Development Regulations and notified each applicant that a lawsuit is pending and that there may be a legal risk associated with proceeding under those regulations. Acting City Clerk Hines read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing. Public Speakers: Planning and Zoning Administrator Jorge Vera; Code Enforcement and Licensing Director Christopher Steers; Ellen Kriplen; Geoffrey S. Ehrich; Merry Wynne Mr. Vera stated that there was a transfer of ownership and Mr. Zlobinskiy was on notice that there were violations on the property and he purchased the property as is and in addition,them are a couple of other issues that are involved with that property. Code Enforcement and Licensing Director Christopher Steers noted that the subject property is one of a Code Enforcement Case and of a Special Master Hearing held in March 2002, because the former owners built additions onto the property without permits and they were cited and found guilty at the Special Master Hearing and they had fifteen days to obtain the permits to bring the property back into compliance and the owner failed to do so, and that there are outstanding liens on this property. Commissioner Kauffman noted that in the letter it appears that a family named Dube were the owners when it was filed first with the Special Master and asked if this current owner now owes the fines,and Mr. Steers said yes that State Statute 162 was amended in 2000 so that now violations run with the property not just with the owner. Ellen Kriplen spoke for Sergy Zlobinskiy stating that they were not aware of any violations when they bought the property and that they are now trying to sue the previous owner because they did not disclose. She noted that the title said there was no lien on the house when they bought it and now they found that there is a lien and that they can't live in there with two families. Mr. Steers said that it is not zoned for a duplex, it is a one-family home, and he said the first step in solving the problem would be getting the variance for setback because the locations that are in violation of the setbacks are the locations built without permits. He noted that they can start with the variance if they meet the other conditions, they can get the permit and bring it all up to Code, and the other option is to remove it completely, and then they can deal with the fines after they are in compliance. Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to deny the request for variances on this property. The motion was approved as Resolution No.03- Z-76, by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman y Commissioner Iglesias y Commissioner Kauffman �es Vice Mayor Edelcup Mayor Samson yes Summary Minutes: City Commission Meeting August 28.2003 Sunny Isles Beach.Florida 3B. Request of Me-Yad Jewish Outreach Program/Chabad of Golden Beach,Owner of the Property Located at 19201 Collins Avenue, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2002-07] 1. Conditional Use to permit a religious facility. Protests 1 Waivers 0 Ex-Pane 0 Action: [City Clerk's Note: A Protest Letter/Petition was distributed from various unit owners of the Ramada Hotel/Marco Polo Beach Resort.] City Attorney Dannheisser read a disclaimer for the Zoning hearing. Acting City Clerk Hines read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing. Public Speakers:Rabbi Chay Amax;Planning and Zoning Administrator Jorge Vera;Samuel Leff Mayor Samson read a protest letter/petition from some of the unit owners of the Ramada Hotel/Marco Polo Beach Resort, 19201 Collins Avenue. Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion for approval subject to staff conditions. The motion was approved as Resolution No. 03-Z-77, by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman Iglesias y Commissioner Kauffman yes Vice Mayor Edelcup Mayor Samson 4. RESOLUTIONS 4A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the Release of an Agreement and a Beach Access Easement Agreement for D.P. Colonial, LLC, Attached Hereto as Exhibit "A"; Providing the Mayor to Execute the Release and Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No. 2003-582 was adopted by a voice vote of 5-0 in favor. 3 Summary Minutes: City Commission Meeting August 28,2003 Sunny Isles Beach,Florida 4B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Approving the Release of a Declaration of Use for Property Located at 17315 Collins Avenue, Attached Hereto as Exhibit "A"; Providing the Mayor With the Authority to Execute the Release and Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No. 2003-583 was adopted by a voice vote of 5-0 in favor. 4C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2003-521; Providing for an Additional Five (5) Month Extension of the Amnesty Period Established Under Resolution No. 2003-521; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: Richard Brown-Morilla Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2003-584 was adopted by a voice vote of 5-0 in favor. 4D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Discharging Irving Diamond as a Canvassing Board Member for the September 9,2003 General Election; Designating One Registered Voter Who Shall Serve with the Acting City Clerk and Emanuel Pine as the Canvassing Board for Said General Election; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the resolution appointing Connie Morrow to the Canvassing Board.* Resolution No. 2003-585 was adopted by a voice vote of 5-0 in favor. [*Consequently, Connie Morrow resigned because of a conflict of interest; an Emergency City Commission Meeting was held on September 4, 2003,and the City Manager was placed back on the Canvassing Board via Emergency Ordinance No. 2003-176.] 4 Summary Minutes: City Commission Meeting August 28,2003 Sunny Isles Beach.Florida 4E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Host Sponsorship Agreement between the City of Sunny Isles Beach and Tel-Air Interests, Inc., Authorizing the City to Host the Miss Florida Teen USA Pageant, in the Amount of $15,000.00; Authorizing the Mayor to Execute Said Agreement;Authoring the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported. Public Speakers: Susan Simpson, Cultural and Human Services Director Vice Mayor Edelcup asked if it was possible for the City to have its signage displayed prominently at the auditorium in Davie during the proceedings so that the City,as a sponsor, would get full coverage. Ms. Simpson said that she spoke with the producer and he said that is something that will have to be worked out with Bailey Hall. City Manager Russo said that we can make this a condition in the agreement upon approval. Commissioner Goodman asked if any of the programs will take place in Sunny Isles Beach and Ms. Simpson answered that the actual contest will not take place here,but that there will be film shoots of the contestants doing different things throughout the City, and that the contestants are staying at hotels within the City. Commissioner Goodman asked if anyone else was loaning money to the Pageant and Ms. Simpson said that Bill Lone has applied for a Tourist Development Council (TDC)grant which if approved would go towards this event as well. Commissioner Iglesias noted that for$15,000.00 we are getting a lot of publicity. Ms. Simpson also noted that the City would receive 25 VIP tickets for both Saturday and Sunday's actual contest. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution with the condition to include signage. Resolution No. 2003-586 was adopted by a voice vote of 5-0 in favor. 5. ORDINANCES FOR FIRST READING 5A. Add-On: An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Repealing Section 515 of the Land Development Regulations, Relating to Transfer of Development Rights; Providing for Definitions; Providing for Establishing of Sending and Receiving Districts and Rights Transferred;Providing for Density and Intensity Calculations;Providing for the Imposition of Development Limitations;Identifying Disqualified Land;Providing the Procedures Pertaining to Transfer of Development Rights; Providing for the Creation of a Transfer of Development Rights Bank; Providing for a Repealer;Providing for Severability; Providing for an Effective Date. Action: [City Clerk's Note: A Substitute Ordinance was distributed at the meeting.] Acting City Clerk Hines read the title and City Attorney Dannheisser reported. 5 Summary Minutes: City Commission Meeting August 28.2003 Sunny Isles Beach,Florida Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposal on first reading as amended in substitute Ordinance. The motion was approved by a roll call vote of 5-0 in favor. Second reading,public hearing will be held on Thursday, September 18, 2003, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias Les Commissioner Kauffman yes Vice Mayor Edelcup Mayor Samson yes 6. ADJOURNMENT Mayor Samson adjourned the meeting at 8:25 p.m. Respectfull-y_submitted by: Approved by the City Commission on Sept. 18, 2003 i Jane A. Hiines, Acting City Clerk David Samson, Mayor 1 . 6