HomeMy Public PortalAbout07-06-99 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, JULY 6, 1999
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by
the Mayor at 7 00 p m Present were Councilmembers Scott Bass (arnved at 7 10 p m ), Martha F
Broucek, Alan H Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C Han and Mayor
Joe I Rasco Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H
Alvarez and Village Attorneys Steve Helfman and Jeff Sheffel
2 INVOCATION Dr Carroll Shuster, Key Biscayne Community Church gave an invocation
3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS There were no special presentations
5 PUBLIC COMMENTS The following residents addressed the Council Vera Skuhersky,
205 West Enid Drive, Manuel Arias, 217 East Enid Drive, Linda Marks, 129 East Enid Drive,
Marcelo Radice, 255 East Enid Drive
6 AGENDA Councilmember Broucek requested to hear Item 10A together with Item 11A7,
Councilmember Rasco requested the removal of Item 7G from the consent agenda There were no
objections to the agenda changes
Mayor Rasco made a motion to hear the consent agenda after the zoning hearing The motion was
seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco
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July 6 1999
7 BUILDING, ZONING AND PLANNING All witness giving testimony in the following
zoning hearing were sworn in by the Clerk
Hearing Number 99 -03 -30 -SP -01 Fininvest Investments, Lmt , 200 Crandon Boulevard (which
faces Fernwood Road), the applicant, is requesting approval of a site plan for a residential
development that faces Femwood Road The residential development is part of a mixed use project
that was approved by Council on February 24, 1998
The Attorney addressed the Council regarding this hearing
Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his
recommendation for approval subject to the following conditions 1) The setback from the building
to the dividing wall shall be increased from 5 ft To 7 5 with no two adjacent walls of buildings being
separated by less than 15 ft 2) The fence on top of the CBS wall between each of the buildings
shall be removed The CBS wall shall be limited in height to six ft Above the ground 3) Staff
shall approve all outdoor lighting fixtures prior to the issuance of a building permit 4) No
equipment shall be mounted on any roof that can be seen from Fernwood Road 5) All metal picket
fencing and paint shall use anti -graffiti applications 6) Submission of landscape plan and approval
by staff prior to issuance of a building permit The landscape plan should address the issues raised
in the staff analysis in cnteria 3 above 7) Compliance with the Fire Department's list of conditions
as set forth in memorandum dated May 6, 1999 (attached for the record) 8) The pedestrian
sidewalk, from Fernwood Road to the rear of the Pankey Building, should be extended along the
entrance drive to the front of the project at Crandon Boulevard 9) Each building contains one
single family unit No unit may be subdivided 10) The applicant shall record a covenant running
with the land that includes the above conditions prior to the issuance of a building permit The
covenant shall be approved by the Village Attorney prior to recordation
The Mayor opened the public hearing Joseph Goldstein, 1221 Brickell Avenue, Miami,
representing the applicant, John Fullerton, Fullerton Diaz Architects, 366 Altara Avenue,
Coral Gables, Cnstina Arias, 100 Hampton Lane, Jacqueline de Leon, 650 Ocean Dnve, Earl
G Gallop, Esq , 3225 Aviation Avenue, #306, Coconut Grove, J Frederic Blitstein, 1121
Crandon Boulevard, Steven Lefton, 920 Lincoln Road, Miami Beach, Mark E Fried, 360
Glenndge Road, Fred Schwartz, 4431 Embarcadero Drive, Richard Hodges, 255 Glenndge
Road, Luis Arias, MD, 100 Hampton Lane, Basha Kicks, 1121 Crandon Boulevard, Larry
Radzville, 77 Crandon Boulevard, James Pilafian, 180 Crandon Boulevard, Michael Kahn,
881 Ocean Drive, Joanna Wragg, 365 Redwood Lane, Ana Soler, 120 Buttonwood, James
Peters, 561 Allendale Road, Robert Feinschreiber, 1121 Crandon Boulevard, Michele
Padovan, 425 Grapetree Drive, Nancy Doke Harrison, 200 West Mashta Drive, Ed Stone,
140 Hampton Lane, Conchita Suarez, 201 Crandon Boulevard, Jim Taintor, 355 Harbor
Drive addressed the Council Anne Rothe, introduced a petition against the project with 22
signatures The Mayor closed the public hearing
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July 6 1999
The Attorney addressed the Council stating that the former Village Council, on February 24, 1998,
found that the project was consistent with the Master Plan
There was extensive discussion from Council regarding this request
Vice Mayor Han made a motion to approve the request with staff's recommendations 2 thru 10 with
the exception of recommendation 1 The motion was seconded by Councilmember Fried
Vice Mayor Han made an amending motion to approve the request as presented with staff's
recommendations The motion was seconded by Councilmember Fned and approved by a 5-2 roll
call vote The vote was as follows Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and
Mayor Rasco voting Yes Councilmember Bass and Broucek voting No
Vice Mayor Han made a motion to extend the meeting to 11 15 p m The motion was seconded by
Councilmember Fried and failed by a 4-3 voice vote The vote was as follows Councilmembers
Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes Councilmembers Bass, Broucek and
Oldakowski voting No
The main motion as amended failed by a 3-4 roll call vote The vote was as follows
Councilmembers Fein, Fried and Vice Mayor Han voting Yes Councilmembers Bass, Broucek,
Oldakowski and Mayor Rasco voting no
Councilmember Fein made a motion to defer this hearing to the meeting of August 31, 1999 The
motion was seconded by Councilmember Bass and approved by a 5-2 voice vote The vote was as
follows Councilmembers Bass, Broucek, Fein, Oldakowski and Vice Mayor Han voting Yes
Councilmember Fried and Mayor Rasco voting No
8 ORDINANCES There were no ordinances considered by Council
9 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
10 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council
11 ADJOURNMENT The meeting was adjourned at 11 05 p m
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July 6 1999
f (lY subsub7ittet/
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hA (AVA,
Conchita H Alvarez, CMC
Village Clerk
Approved this 20th day of July , 19
Joe I Rasco
Mayor
1
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
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 TO BE BASED
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