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HomeMy Public PortalAbout1992-04-21 Public Hearing77 COUNCIL MINUTES PUBLIC HEARING - APRIL 21, 1992 A Public Hearing of the Bal Harbour Village Council was held on Tuesday, April 21, 1992 in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 5:15 p.m. by Mayor Stern. The roll was called and those present were: Also present: Mayor Estelle Stern Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin Carole S. Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Ordinance -Second Reading/Public Hearing: A. Appearance Code An Ordinance was presented for second reading and read by title by the Village Clerk creating an Appearance Code for the Village. Mr. Weiss noted the amendments to the Ordinance from the first reading. Mayor Stern then opened a Public Hearing, and as no one desired to speak, closed the Public Hearing on the Ordinance. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to enact the Ordinance. The motion carried unanimously (5-0), thus becoming ORDINANCE NO. 370 AN ORDINANCE OF BAL HARBOUR VILLAGE, CREATING SECTION 5A-1 ET SEQ. OF THE BAL HARBOUR VILLAGE CODE; CREATING AN APPEARANCE PLAN FOR THE VILLAGE; PROVIDING DEFINITIONS; PROVIDING A STATEMENT OF INTENT, PURPOSES, AND POLICIES; PROVIDING FOR APPLICABILITY AND COMPLIANCE WITH APPLICABLE SECTIONS OF THE VILLAGE CODE; PROVIDING CRITERIA FOR APPEARANCE; PROVIDING STANDARDS FOR MAINTENANCE; PROVIDING FOR THE CREATION OF AN ARCHITECTURAL REVIEW BOARD; PROVIDING FOR THE MEMBERSHIP OF THE ARCH- ITECTURAL REVIEW BOARD; PROVIDING FOR THE ORGANIZATION OF THE ARCHITECTURAL REVIEW BOARD; PROVIDING FOR THE POWERS AND DUTIES OF THE ARCHITECTURAL REVIEW BOARD; PROVIDING Public Hearing 4/21/92 1 78 FOR PRELIMINARY AND FINAL CERTIFICATES OF APPROPRIATENESS; SPECIFYING ACTIONS WHICH MAY BE TAKEN BY THE ARCHITECTURAL REVIEW BOARD; PROVIDING FOR FOLLOW-UP BY THE BUILDING OFFICIAL; PROVIDING FOR APPEALS AND REVIEW OF ACTIONS OF THE ARCHITECTURAL REVIEW BOARD; REPEALING ARTICLE III, DIVISION 2, OF CHAPTER 2 OF THE CODE OF BAL HARBOUR VILLAGE; PROVIDING FOR SEVERABILITY,INCLUSION IN THE CODE AND EFFECTIVE DATE. Discussion followed as to the time element on appointments to the Architectural Review Board. Mrs. Morris suggested a special meeting be called to review applicants for appointment to this board. It was also noted that after the Board was appointed it would take a month for an organizational meeting. A motion was offered by Councilman Boggess and F seconded by Assistant Mayor Hirschl to reconsider the Ordinance. The motion carried unanimously (5-0). A motion was offered by Councilman Boggess and seconded by Councilman Taplin to amend the Ordinance to be effective immediately and effective to all building permits applied for on or after July 22, 1992. The motion carried unanimously(5-0), and the Ordinance was amended. B. Ordinance Amending Sections 21-281(10) 21-51 21-52 and 21-54 of the Code of Bal Harbour. An Ordinance was presented for second reading and read by title by the Village Clerk which would restrict dry cleaning operations, permitting other convenience establishment uses after approval by the Village Council at a Public Hearing. Mayor Stern opened the Public Hearing. Mrs. Lubell, 9801 Collins Avenue, explained she is unable to obtain an occupational license, her business is for repairs of jewelry and art and is by appointment only as a convenience for her building only. Councilman Blank explained Mrs. Lubell's problem and the type of business. Mr. Weiss stated this Ordinance would enable Mrs. Lubell to make an application. Assistant Mayor Hirschl questioned who pays for advertisement of the Public Hearing. The Village Clerk stated all costs are billed to the applicant. Mayor Stern closed the Public Hearing on the Ordinance. Public Hearing 4/21/92 79 A motion was offered by Councilman Boggess and seconded by Councilman Taplin to enact the Ordinance. The motion carried unanimously (5-0), thus becoming ORDINANCE NO. 371 AN ORDINANCE OF BAL HARBOUR VILLAGE, AMENDING SECTIONS 21-281(10) 21-51, 21-52 AND 21-54 OF THE CODE OF BAL HARBOUR VILLAGE; RESTRICTING DRY CLEANING OPERATIONS; PERMITTING OTHER CONVENIENCE ESTABLISHMENT USES AFTER APPROVAL BY THE VILLAGE COUNCIL AT A PUBLIC HEARING; PROVIDING STANDARDS FOR GRANTING SUCH USES; REQUIRING AN APPLICATION TO BE FILED; PROVIDING FOR FEES; PROVIDING FOR A PUBLIC HEARING; GRANTING COUNCIL THE AUTHORITY TO PLACE CONDITIONS UPON SUCH APPROVAL; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE. 3. Other Business: Councilman Boggess requested Mrs. Morris to reply to Mr't Cades' letter that no one on the Beautification Committee is qualified to serve on the Architectural Review Board. A Workshop Meeting will be held Tuesday, May 5, 1992 to review the Quarterly Financial Report. After the workshop will convene a Retirement Board Meeting. 4. Adjourn: There being no further business to come before the Council, a motion was offered by Assistant Mayor Hirschl and seconded by Councilman Taplin to adjourn. The motion carried unanimously (5-0) and the meeting adjourned at 5:45 p.m. ti Estell Stern Attest: eanette Horton,CMC Village Clerk /jh Public Hearing 4/21/92 3