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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. 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