HomeMy Public PortalAbout02-15-94 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 15, 1994
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
The meeting was called to order by Mayor Festa at 7 00 p m
Present were Councilmembers Mortimer Fried, Raul Llorente, Betty
Sime, Raymond Sullivan, Vice Mayor Joe Rasco and Mayor John
Festa Councilman John Wald was absent Also present were
Village Manager Sam Kissinger and Village Attorney Steve Helfman
Mayor Festa announced that this meeting was a continuation of the
meeting of February 1, 1994, the first reading of the following
ordinance
AN ORDINANCE OF THE VIDE OF KEY BISCAYNE, FLORIDA;
AMENDING THE VILLAGE CODE BY ADDING CHAPTER
SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY
DEVELOPMENT; PROVIDING FOR DEFINITIONS; PROVIDING A
SCHEDULE OF REGULATIONS FOR BUILDING HEIGHT, WAIL HEIGHT,
FRONT SETBACKS, REAR SETBACKS, SIDE SETBACKS, LOT COVERAGE,
FLOOR AREA RATIOS AND PERVIOUS AREA; PROVIDING REGULATIONS
FOR PAS AND DRIV WAYS , LOT EV T'TON, DRAINAGE
BurrisgS, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND
SOLAR PANELS, BOAT STORAGE, ram, POOLS AND OVERHANGS,
FENCES AND WALLS AND ACCESSORY BUILDINGS AND USES;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY, AND AN EFFECTIVE DATE.
Councilman Fried made a motion limiting public participation to
thirty minutes The motion was seconded by Mayor Festa and
adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa
voting Yes
Wilfredo Borroto, 241 Harbor Drive, and Jorge Mantilla, 465
Glenridge Road, former members of the Zoning Code Review
Committee, spoke in support of the ordinance
The following residents also addressed the Council Oscar
Rivero, 445 Woodcrest Road, Martha Broucek, 170 Ocean Lane
Drive, Craig Henry, 40 Island Drive, John Rosser, 300 Redwood
Lane, Katherine Slavins, 301 Palmwood Lane, and Bill Ofgant,
512 Fernwood Road
Page 1 of 4
February 15, 1994
Attorney Helfman addressed the Council regarding the effect of
deed restrictions on the proposed ordinance Max Puyanic, 480
South Mashta Drive, addressed the Council on the matter There
was extensive discussion regarding the issue
Mayor Festa showed a video tape presentation highlighting various
aspects of the ordinance at homes within the Village
Councilman Fried made a motion adopting the ordinance on first
reading The motion was seconded by Councilman Llorente
Mayor Festa made a motion amending Section 1 11 by striking "on
at least two (2) sides" and inserting "at least 70% open" The
motion was seconded by Councilman Llorente and adopted by a
unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor
Festa voting Yes
Councilman Llorente made a motion amending Section 1 5 by
striking "center line" and inserting "face" The motion was
seconded by Mayor Festa and adopted by a unanimous voice vote
The vote was as follows Councilmembers Fried, Llorente, Sime,
Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes
Mayor Festa made a motion amending Section 2 by striking "With
the exception of the Harbour Point Subdivision" and "and EU-M"
and adding "reflected on Exhibit "A" to this Ordinance" The
motion was seconded by Vice Mayor Rasco and adopted by a
unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor
Festa voting Yes
There was extensive discussion regarding height and front
setbacks
Councilman Llorente made a motion amending footnote 2 by adding
"Gable end walls located facing the side property line shall be
permitted to comply with the minimum side setback subject to said
gable ends having a maximum height of thirty feet at the top of
the triangle and twenty-two feet, six inches to the base of the
triangle The width of the triangle or series of triangles shall
not exceed thirty-five percent (35%) of the length of the lot at
the side property line setback line This proportion may
increase in width at the ratio of one additional foot in width
for each one foot in additional setback applied to the gable
ends " The motion was seconded by Mayor Festa and adopted by a
unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor
Festa voting Yes
Page 2 of 4
February 15, 1994
Mayor Festa made a motion amending footnote 3 1 by striking
"five" and inserting "ten" The motion was seconded by
Councilman Sime and adopted by a unanimous voice vote The vote
was as follows Councilmembers Fried, Llorente, Sime, Sullivan,
Vice Mayor Rasco, and Mayor Festa voting Yes
Councilman Fried made a motion amending footnote 3 2 by striking
"two" and inserting "five" The motion was seconded by
Councilman Sime and adopted by a unanimous voice vote The vote
was as follows Councilmembers Fried, Llorente, Sime, Sullivan,
Vice Mayor Rasco, and Mayor Festa voting Yes
Vice Mayor Rasco announced that he has arranged for a tour of the
Village on Saturday, March 19, 1994, at 1 00 p m , to research
aspects of the ordinance He invited the public to participate
Mayor Festa made a motion deleting footnote 4 1 The motion was
seconded by Councilman Fried and adopted by a unanimous voice
vote The vote was as follows Councilmembers Fried, Llorente,
Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes
Mayor Festa made a motion amending footnote 4 2 by striking "no
greater than 40% of the width of the lot at the 15' setback " and
inserting "greater than twenty feet (20') in width, the wall
height may not exceed fourteen (14') as measured from BFE
(elevated) or the lowest finished floor (non -elevated) " The
motion was seconded by Councilman Llorente and adopted by a 5 - 1
voice vote The vote was as follows Councilmembers Fried,
Llorente, Sime, Sullivan, and Mayor Festa voting Yes Vice Mayor
Rasco voted No
Councilman Sullivan made a motion deleting footnote 4 3 The
motion was seconded by Councilman Fried and adopted by a 5 - 1
voice vote The vote was as follows Councilmembers Fried,
Llorente, Sime, Sullivan, Vice Mayor Rasco voting Yes Mayor
Festa voted No
Councilman Llorente made a motion deleting footnote 5 The
motion was seconded by Councilman Sime and adopted by a 5 - 1
voice vote The vote was as follows Councilmembers Fried,
Llorente, Sime, Sullivan, and Vice Mayor Rasco voting Yes Mayor
Festa voted No
Mayor Festa made a motion amending footnote 6 1 by striking
"five" and inserting "ten" The motion was seconded by
Councilman Llorente and adopted by a unanimous voice vote The
vote was as follows Councilmembers Fried, Llorente, Sime,
Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes
Page 3 of 4
February 15, 1994
Mayor Festa made a motion amending footnote 6 2 by striking "two"
and inserting "five" The motion was seconded by Councilman Sime
and adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco,
and Mayor Festa voting Yes
Mayor Festa made a motion amending footnote 7 2 by striking
"roofed structures open on at least two sides" and inserting
"porch" The motion was seconded by Councilman Llorente and
adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco,
and Mayor Festa voting Yes
There was extensive discussion regarding floor area ratio
Mayor Festa made a motion continuing the meeting to Wednesday,
February 23, 1994, at 7 00 p m The motion was seconded by
Councilman Llorente and adopted by a unanimous voice vote The
vote was as follows Councilmembers Fried, Llorente, Sime,
Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes
The meeting was adjourned at 11 45 p m
Approved this 5.4j-` day of 140,-,(c'11" 1994
Village (lark Mayor
IF A PERSQN DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE
CAL WITH RESPECT 10 ANY MAlThit CONSIDERED AT A MEETING OR
THAT PERSON WILL NFL A RE CORD OF THE PROCE2EDIIIGS AND,
PDR SUCH PURPOSE, MAY NEED D TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, NCH RECORD INCLUDFS THE TEMTMONY AND
EVIDENCE UPON WBIFI THE APPEAL IS TO BE BASED.
Page 4 of 4