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Home My Public Portal About03-09-94 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, MARCH 9, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CAIN, OF MEMBERS : The meeting was called to order by Mayor Festa at 7 15 p m Present were Councilmembers Mortimer Fried (arrived at 7 20 p m ), Raul Llorente, Betty Sime, John Wald, Vice Mayor Joe Rasco, and Mayor John Festa Councilman Raymond Sullivan was absent Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman 2 AGENDA: There were no changes to the agenda At this time, Councilman Sime requested that Metro -Dade County Commissioner Maurice Ferre be invited to a future Council meeting to discuss with him the playing fields issue It was the consent of the Council to extend such an invitation 3 ORDINANCES: The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE 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, WALL BEICEiT, FRONT SETBACKS, REARS , SIDE SETBACKS, LOT COVERA.GE, FLOOR AREA RATIOS AND PERVIOUS AREA; PROVIDING REGULATIONS FOR PARKING AND DRIVEWAYS, LOT ELEVATION, DRAINAGE BuietetAtS, AIR G mIDITIONIMG EQUIPMENT, POOL EQUIPMENT AND SOLAR PANELS, BOAT STORAGE, DECKS, POOLS AND FENCES AND WALLS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVE'RABILITY, AND AN EFFECTIVE DATE. Mayor Festa opened the public hearing The following residents addressed the Council John Rosser, 300 Redwood Lane, Lilibeth Warner, 320 West Enid Drive, Henny Becker, 290 West Mashta Drive, Eduardo Chamorro, 784 Woodcrest Road, Gloria Rodriguez, 701 Harbor Drive, Katherine Slavins, 301 Palmwood Lane, Eddie Alfonso, 711 South Mashta Drive, James Brewster, 500 North Mashta Drive, and Bauldilo Ruiz, 165 Woodcrest Lane Mayor Festa made a motion adopting the ordinance on second reading The motion was seconded by Councilman Fried Page 1 of 4 March 9, 1994 Mayor Festa made a motion amending the ordinance by adopting staff's recommendations -- attached as Addendum A The motion was seconded by Councilman Llorente Building, Zoning and Planning Director John Little addressed the Council regarding the proposed changes The motion was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending footnote 2 by striking the present language and inserting "The maximum height of the exterior wall(s) of the building cannot exceed twenty two feet, six inches (22 5') at or closer to the property line than the following setbacks rear (twenty feet, 20) side (seven feet, six inches, 7 5') , front (twenty feet, 20' ) and side street (fifteen feet, 15' ) The height may be increased by one additional foot for each foot that the wall is setback from these setback lines Building wall height shall be measured to the top of the wall from the Base Flood Elevation for Elevated Homes or the grade of the lowest finished floor for Non -Elevated Homes The maximum height of gable end walls at or closer that the setbacks, mentioned above, shall be twenty two feet, six inches (22 5 ' ) at the base of the triangle and thirty feet (30') at the top of the triangle The width of the triangle or series of triangles shall not exceed thirty six feet (36') at the side, front or rear property line setbacks 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 end The motion was seconded by Councilman Llorente After brief discussion, the motion was adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, and Mayor Festa voting Yes Vice Mayor Rasco voted No Mayor Festa made a motion amending footnotes 3 1 and 3 2 by striking the present language and inserting "3 1 Attached front porches and porte-cocheres are permitted to extend into the front setback up to ten feet (10') from the property line 3 2 Attached or detached carports are permitted to extend into the front setback up to five feet (5') from the property line " and amending footnotes 6 1 and 6 2 by striking the present language and inserting "6 1 Attached front porches and porte-cocheres are permitted to extend into the side street setback up to ten feet (10') from the property line 6 2 Attached or detached carports are permitted to extend into the side street setback up to five feet (5') from the property line " The motion was seconded by Vice Mayor Rasco Vice Mayor Rasco offered an amendment to the motion that "not forming an integral part of the building" be added following the word "carports" The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa Page 2 of 4 March 9, 1994 voting Yes The Festa motion, as amended, was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion adding footnote 5 as follows "RU -1 District For non -elevated interior, non -waterfront lots, where the average lot width is less than one hundred feet (100') , the side setback for a one story home may be reduced to five feet (5') so long as the combined interior side setbacks are at least the lesser of fifteen feet (15') or twenty percent (20%) of the average lot width and the maximum depth of a structure is no greater than thirty five percent (35%) of the depth of the lot along the side setback This also applies to non -elevated corner, non -waterfront lots so long as the combined interior and side setbacks are the lesser of twenty two feet, six inches (22 5') or thirty percent (30%) of the average lot width " The motion was seconded by Councilman Waid After extensive discussion, the motion failed on a 2 - 4 voice vote The vote was as follows Councilman Waid and Mayor Festa voting Yes Councilmembers Fried, Llorente, Sime, and Vice Mayor Rasco voted No Councilman Fried made a motion amending footnote 1 by limiting height to thirty feet (30' ) The motion was seconded by Councilman Llorente After brief discussion, the motion failed on a 2 - 4 voice vote The vote was as follows Councilmembers Fried and Llorente voting Yes Councilmembers Sime, Waid, Vice Mayor Rasco, and Mayor Festa voted No Councii.man Llorente made a motion amending the front setback by striking "15 0'" ana inserting "20 0'" The motion was seconded by Councilman Fried There was extensive discussion on the motion which failed on a 3 - 3 voice vote The vote was as follows Councilmembers Fried, Llorente and Vice Mayor Rasco voting Yes Councilmembers Sime, Waid and Mayor Festa voted No The Council discussed the inclusion in the ordinance of larger lots The clerk read suggestions submitted by Councilman Sullivan relating to the larger lots Jose Ortega, 621 South Mashta Drive, addressed the Council Mayor Festa Made a motion extending the meeting to 11 30 p m The motion was seconded by Councilman Llorente and failed on a 2 - 4 voice vote The vote was as follows Councilman Llorente and Mayor Festa voting Yes Councilmembers Fried, Sime, Waid, and Vice Mayor Rasco voted No Councilman Waid made a motion extending the meeting to 11 10 p m The motion was seconded by Mayor Festa and adopted on a 5 - 1 voice Page 3 of 4 March 9, 1994 vote The vote was as follows Councilmembers Fried, Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Sime voted No Mayor Festa made a motion amending the ordinance's effective date by providing for a transition period ending September 1, 1994 The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Waid made a motion adopting the amended ordinance The motion was seconded by Councilman Fried and adopted by a 5 - 1 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, and Mayor Festa voting Yes Vice Mayor Rasco voted No 4 : There being no further business, the meeting was adjourned at 11 10 p m Approved this 2 Z'"j' day of I"` 0./N( ci^ 1994 Villages Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAtrze.at 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 VERBAT M RECORD OF THE PROCEEDINGS IS MADE, MEECH RECORD INCLUDES THE TFST TMONY AND EVIDENCE UPON WHIG THE APPEAL IS TO BE BASED. 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