HomeMy WebLinkAbout2001-1115 Regular City Commission Meeting
SUMMARY MINUTES
Thursday, November 15, 2001, 7:00 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:01 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Danny Iglesias
Commissioner Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Lila Kauffinan (arrived 7:02)
City Clerk Richard Brown-Morilla
Assistant City Attorney Hans Ottinot
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Vice Mayor Danny Iglesias led the Pledge of Allegiance to the flag, and Mayor
Samson read a welcoming statement. Mayor Samson requested, and Commissioner
Edelcup moved and Vice Mayor Iglesias seconded a motion to hear Agenda item 3B as
the first hearing, and to add-on item 3D [change in starting time of Regular City
Commission meetings]. 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 Plaza Isles, L.L.c., Owner of the Property Located at 16204-28 Collins
Avenue for the Following: [Public Hearing #Z2001-02] (Deferred from 9/13/01)
1. Non Use Variance of Landscaping Regulations to permit the existing commercial
development with 15.51 % oflandscaping (18% required).
2. Non Use Variance of Parking requirements to permit 28 parking spaces (46 parking
spaces required).
3. Non Use Variance of Parking requirements to permit a two-way driveway aisle to be
20 feet in width (22 feet required).
4. Non Use Variance of Parking Regulations requiring parallel parking stalls to be 9' x
20' (8' x 23' required).
5. Non Use Variance of Parking Regulations requiring a continuous extensively
planted 5-foot wide greenbelt along all property lines abutting an official right-of-
way line; to waive same to omit the required greenbelt along a portion of the front
( east) property line.
Special City Commission Meeting Summary Minutes November 15,200 I
City of Sunny Isles Beach, Florida
6. Non Use Variance of Zoning Regulations requiring a 5-foot high masonry wall on
the side (north) and rear (west) property lines where it abuts an RU district; to waive
same to omit the required wall.
Protests
1
Waivers
o
Ex-Parte
o
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location
and then administered the oath to the witnesses for the Zoning hearings. * Assistant City
Attorney Ottinot read a disclaimer for the Zoning hearing. City Clerk Brown-Morilla
asked ifthere were any ex-parte disclosures, and there were none.
Public Speakers: Monica Posin; Jorge Vera, Zoning Director; Christopher Steers, Code
Enforcement and Licensing Director
Monica Posin, the applicant, explained the variance request, and used a site diagram to
show the proposed landscaping and changes. She noted that there would be no parallel
parking because of the new landscaping. Jorge Vera, Zoning Director, recommended
approval with conditions ofrequest #1 (landscaping) and approval of request #2 (parking)
as modified.
He also recommended withdrawal without prejudice of requests 3, 4, 5 and denial without
prejudice of request #6 (masonry wall); and with the condition that the applicant must pay
all existing Code violations. Mr. Vera also recommended withdrawal of condition #12.
The City Commission discussed the requirement that the applicant pull the permits and
begin the work.
Commissioner Kauffinan questioned the need for request #6. Commissioner Edelcup
expressed reservations regarding the wall and dumpsters being visible from the street, and
not being in conformance with the Comprehensive Plan. He also expressed concerns
regarding the chain-link fencing.
Mr. Vera noted that the City's Planning Consultant had made a recommendation that is
different from his Zoning recommendation.
Mayor Samson passed the gavel and moved, and Commissioner Edelcup seconded a
motion to approval with conditions of request #1 and approval of request #2 (parking) as
modified, withdrawal* of requests #3, 4, and 5. Request #6 must be a masonry wall,
completely replace the chain-link fence from the property facing Collins A venue going all
the way around (dock area) and make sure there is an area in the front where handicapped
people can get on the curb with a wheelchair. Mayor Samson asked what would the time
limit be when this wall must be ready. Jorge Vera stated 90-days to pull the permit, do the
required work, and they have 180-days before the permit expires. Mayor said not to
remove the chain-link fence until the masonry wall is in place.
*corrected page on 1/7/02
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Special City Commission Meeting Summary Minutes November 15,2001
City of Sunny Isles Beach, Florida
Mayor Samson rephrased his motion, and Commissioner Edelcup seconded a motion for
approval of request #'s 1, and 2 with Zoning staff recommendations; removing*
request #'s 3, 4, and 5; denial of request #6; that the applicant be required to pull the
building permit for a masonry wall within 90 days, and construct the wall within
180-days; require that any out-standing fines be paid or no building permit would be
issued. The garbage receptacle must be situated in such a way that it cannot be
viewed from the street and it must be closed at all times.
The motion was approved as Resolution No. 01-Z-63, by a roll call vote of 5-0 in
favor.
Vote:
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
Vice Mayor Iglesias
Mayor Samson
ves
ves
yes
ves
ves
*corrected page on 1/7/02
3B. Request ofKelco/Ocean Point LLC, Owner ofthe Property Located at 17375 Collins
Avenue for the Following: [Public Hearing #Z2001-04(A)]
(Requests #3 & #4 Deferred from 9/13/01; and Deferred from 10/16/01)
3. Non Use Variance of Setback requirements to permit a proposed detached sign for
the proposed development to setback zero (0) feet (15 feet required) from the front
west property line.
4. Non Use Variance of Sign Regulations to permit a 48 sq. ft. detached sign (24 sq.
ft. permitted).
Protests 0
Waivers
o
Ex-Parte
o
Action: [City Clerk's note: The City Commission agreed to hear this item as the first
agenda item) City Clerk Brown-Morilla read the applicant's name, hearing number,
location and then administered the oath to the witnesses for the Zoning hearings. Assistant
City Attorney Ottinot read a disclaimer for the Zoning hearings. * City Clerk Brown-
Morilla asked if there were any ex-parte disclosures, and there were none.
Public Speakers: Jorge Vera, Zoning Director; Stanley Price, Esq.
Jorge Vera read his report recommending approval with conditions. Stanley Price, Esq.
presented the applicant's request. Mr. Price stated that they have worked with staff in
order to formulate a sign that meets the spirit of intent of what the Commission has asked
them to do. He said they have pushed the sign back providing better visibility for cars
exiting the site. He noted this is an extremely difficult site based upon the property
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Special City Commission Meeting Summary Minutes November 15,2001
City of Sunny Isles Beach, Florida
immediately to the south, which will block any visibility of the sign unless they are
permitted to have a setback. If you are coming southbound on AlA you have to go past
the site, making a U-turn several blocks past the site and come around northbound and
you again have a similar problem identifying this site. He asserted that this is a minimal
variance. He acknowledged that his client is obligated to have the sign removed after
three years, but they may have to come back and plead the same hardship three years from
now, depending on what the property to the south does.
Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion for
approval ofthe request with conditions. The motion was approved as Resolution No.
01-Z-62, by a roll call vote of 5-0 in favor.
V ote: Commissioner Edelcup yes
Commissioner Goodman ves
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson ves
3C. Request of Gene Mirvis, Owner ofthe Property Located at 19464 - 39th Avenue for
the Following: [Public Hearing #2001-07]
1. Modification of Condition 2 of Resolution Z-120-94 passed and adopted by the
Miami Dade County Commission on the 14th day of July, 1994, only as it applies
to the subject property and reading as follows:
From 2: That in the approval of the plan, the same be substantially in accordance
with that submitted for hearing consisting of eleven sheets, sheet one
entitled "Site Plan", as prepared by Robayna and Associates, Inc., and
dated 3-7-94, second sheet entitled "Site Plan", as prepared by Robayna &
Associates, and last dated 4-26-94, third sheet entitled "Guard House,
Perimeter Wall", dated 4-28-94, fourth sheet entitled "Model B Footprint",
dated 5-18-94, fifth sheet entitled "Model A Footprint", dated 5-18-94,
sixth sheet "Model A Elevation", dated 5-18-94, seventh sheet entitled
"Model B Floor Plan Guest & Loft", dated 5-27-94, eighth sheet entitled
"Model B Guest Suite Elevation", dated 6-1-94, ninth sheet entitled
"Model B4 Elevations", dated 5-18-94, tenth sheet entitled "Model C
Footprint", dated 5-19-94, and eleventh sheet entitled "Model C 4
Bedroom Elevation", dated 5-18-94, as prepared by Angles Esteban
Assoc., Inc., except as herein modified as it pertains to the variance related
construction. Any future addition on the property, which conform to
Zoning Code requirements, will not require further public hearing action.
To: That in the approval ofthe plan, the same be substantially in accordance
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City of Sunny Isles Beach, Florida
with that submitted for hearing entitled" Survey", prepared by Robayna
and Associates dated 2-7-96 and plans entitled "Site Plan and Floor
Plan", prepared by the applicant dated stamp received 9-16-01.
The purpose of this request is to allow the applicant to modify the previously
approved plan to show an addition to an existing single-family residence.
2. Special Exception and Unusual Use to permit a two-room addition not
interconnected to an existing single-family residence and having a separate ingress
and egress from the principal residence.
Protests
o
Waivers
o
Ex-Parte
o
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location
and then administered the oath to the witnesses for the Zoning hearings. City Clerk
Brown-Morilla asked if there were any ex-parte disclosures, and there were none.
* Assistant City Attorney Ottinot read a disclaimer for the Zoning hearings.
Public Speakers: Gene Mirvis; Jorge Vera, Zoning Director; Laura Mirvis; Irving
Turetsky
Gene Mirvis, the applicant, said that the proposed addition was being requested for the use
of his family and a housekeeper. He said that he has an approval from the Association to
do this, all of his next-door neighbors have signed the papers, and it has been okayed by
everybody. Jorge Vera read his report recommending approval.
Mayor Samson suggested that there should not be any exterior entrance or exit to the
proposed addition to avoid any possibility of a future rental use ofthe additional structure.
Mr. Mirvis stated that he had agreed to execute and record a declaration that the addition
would never be rented. The City Commission and Mr. and Mrs. Mirvis reviewed the
proposed plans in detail; with members ofthe Commission making suggestions about how
to possibly revise the plans to connect the existing structure to the addition and to
eliminate an entrance to the addition other than from the main building.
Mr. Vera again recommended approval. He noted that the Commission has the choice of
either approving or denying the request, since in his opinion there was no other physical
way of constructing the addition.
Commissioner Kauffman moved and Commissioner Goodman seconded a motion for
approval of the request. After additional discussion on the motion, Commissioner
Goodman withdrew his second to the motion. No one else seconded the motion.
Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to defer the
hearing until Thursday, December 13, 2001 at 7:00 p.m. The Commission and
applicants again discussed the substance of the application, until the motion to defer was
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Special City Commission Meeting Summary Minutes November 15,2001
City of Sunny Isles Beach, Florida
withdrawn.
Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to defer
[continue] the hearing until Thursday, December 13, 2001 at 7:00p.m. The motion
was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman ves
Vice Mayor Iglesias yes
Mayor Samson ves
3D. Add-On Item:
A Motion to Change the Starting Time of Regular City Commission Meetings.
Actio,,: Mayor Samson proposed a motion to change the starting time of all Regular City
Commission meetings to either 7:30 p.m. or 8:00 p.m. He recommended a starting time
of8:00 p.m. After discussion, Commissioner Goodman moved and Vice Mayor Iglesias
seconded a motion to change the starting time of all Regular City Commission
meetings to 7:30 p.m. The motion was approved by a voice vote of 5-0 in favor.
[City Clerk's note: see Agenda item 3C, above, when earlier in the meeting the City
Commission approved a motion to continue the zoning public hearing to December 13,
2001 at 7:00 p.m.; consequently the implementation of the new policy of a 7:30 p.m.
starting time will begin in January 2002.]
4. ADJOURNMENT
Mayor Samson complimented the City Commissioners for the procedural manner in
which the evening's zoning items were discussed.
Commissioner Goodman moved and Commissioner Kauffman seconded a motion to
adjourn the meeting. The motion was adopted by a voice vote of 5-0 in favor and the
meeting was adjourned at 8:43 p.m.
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