HomeMy Public PortalAbout1991-11-06 Workshop MeetingCOUNCIL MINUTES
WORKSHOP MEETING - NOVEMBER 6, 1991
A Workshop Meeting of the Bal Harbour Village Council was held
on Wednesday, November 6, 1991, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 3:29 p.m.
by Mayor Stern. The roll was called and those present were:
Mayor Estelle Stern
Assistant Mayor Andrew R. Hirschl
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplin
Also present: Carole S. Morris, Village Manager
Jeanette Horton, Village Clerk
Richard Jay Weiss, Village Attorney
As a quorum was determined to be present, the meeting
commenced.
Mayor Stern called the meeting to order and stated that the
purpose of today's meeting was to discuss the Appearance Plan and
proposed ordinance. She then introduced Dr. Thomas Kelsey, of
Craig A. Smith & Associates.
Dr. Kelsey advised Council that the Appearance Plan in its
present form is a result of input at the staff level only at this
point and he anticipates input from Council, as well as citizens.
He noted that this plan applies to virtually all of the
property in Bal Harbour Village and works in concert with the Bal
Harbour Village Code, specifically the zoning portion thereof.
Dr. Kelsey pointed out key portions of this plan, beginning
with Section 5A-5 - Criteria for Appearance, Building Design,
Signs, Miscellaneous Structures and Street Hardware and
Maintenance. The entire plan encompasses a set of criteria for
appearance, a set of rules for enforcement and the mechanics of how
it all works.
Mr. Weiss advised the Council of several open issues relative
to this matter:
1) He has yet been able to locate any cases or communities
that have the power to go in and paint a house. He is still
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researching this matter;
2) We will need to incorporate the Appearance Plan into Code
Enforcement via a companion ordinance so that we can by-pass the
judicial process for enforcement.
3) As presently provided for, the Architectural Review Board
Appointments are made by Council, but this procedure can be changed
and/or modified and expanded on.
4) Older restrictive covenants in the Village need to be
considered as to whether or not to incorporate therein.
Village Resident Richard Olsen, 224 Bal Bay Drive, expressed
a personal concern in that his residence has a cedar shake roof and
should a hurricane necessitate repair thereof, according to the
Appearance Plan, he would not be able to replace same with cedar
shake.
Mr. Olsen also brought to Council's attention Deed Restrictive
Covenant #10 providing the right to the developer, subsequently
assigned to the Bal Harbour Club and in 1983/84 assigned to Bal
Harbour Civic Association, if they deem something aesthetically
wrong, to file a suit to enjoin the construction or sue to cease
construction. This is a covenant running with the land. He
suggested that a member of the Civic Association be appointed to
the Architectural Review Board or in the alternative, that the
plans be submitted to the Civic association before being passed on
to the Architectural Review Board.
Discussion then enused as to the qualifications of the members
of the Architectural Review Board i.e., should they be professional
architects, members of the Civic Association,etc? Mr. Boggess
referred to the previous Arhitectural Review Board, which did not
consist of professionals, but did perform these duties in an
excellent manner and therefore, did not see a need for professional
architects, but local citizens and maybe one or two advisory
personnel.
It was the general consensus that this Appearance Plan be
enacted in a compatible and harmonious nature between the Council,
Civic Association and the residents.
In response to Mr. Olsen's comments regarding roof materials,
Dr. Kelsey sugggested that the Appearance Plan provide for the
prohibition of certain materials instead of specifying exactly what
materials are permitted. This would provide for more flexibility.
Dr. Kelsey and Mr. Weiss suggested some type of grandfather clause
in the event of hurricane or other damage to provide for
replacement of roofs as originally built.
In general, Dr. Kelsey suggested that this plan be a broad
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outline at present and as the need arises, that changes be made by
Ordinance.
Discussion then turned to page 5, b. ii. concerning the
wording "main structure". Mr. Tony Riso, 139 Bal Bay Drive,
expressed concern that detached structures would not be included in
this provision. After further discussion, it was Council's
decision to eliminate the wording "main" as it refers to structure
in the subject paragraph.
Building Official Robert Jahn addressed Council relative to
compliance with the South Florida Building Code and specifically
adhering to their time retraints. Attorney Weiss stated that he
would work on blending the mechanics of approval between the
Building Code and this plan and provide the technical wording
thereof.
Mr. John Lang Looby, 220 Bal Bay Drive, noted and Council
agreed, that the zoning regulations for the multi -family district
on the west side of Collins Avenue need to be addressed.
Councilman Boggess complimented Dr. Kelsey, Mrs. Morris, Mr.
Weiss and the Building Department for their hard work, time and
effort in the preparation of this preliminary document, with only
some fine tuning left to be done.
Mrs. Morris suggested that the revisions discussed be made and
brought back to Council at the November meeting, with evening
zoning meetings being scheduled at that time for adoption of the
finalized document.
A motion to adjourn was
seconded by Councilman Boggess
the motion carried unanimously
5:00 p.m.
JEANETTE RORTON, VILLAGE CLERK
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Workshop Mtg. - 11/6/91
offered by Councilman Taplin and
. There being no further business,
(5-0) and the meeting adjourned at
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MAYOR E TELLE SftE N
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