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HomeMy Public PortalAbout12-10-91 Regular Council Meeting.tifMINUTES VILLAGE OF KEY BISCAYNE, FLORIDA REGULAR MONTHLY MEETING OF THE BOARD OF TRUSTEES December 10, 1991, 7 00 p m Key Biscayne Elementary School, Cafeteria 1 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Rafael Conte at 7 05 p m The following Trustees were also present Clifford Brody, Mortimer Fried, Luis Lauredo and Joe Rasco providing a quorum Trustee Hill and Vice Mayor Sullivan were not present, however Trustee Hill arrived shortly after the Pledge of allegiance 2 INVOCATION Rev Bob Libby, Rector, St Christopher's by the Sea Episcopal Church gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge of Allegiance 4 PUBLIC ZONING HEARINGS Mayor Conte asked Trustee Cliff Brody to preside over this part of the Meeting Trustee Brody announced the opening of the Public Hearing and requested that anyone wishing to give testimony in regard to this Zoning matter should stand in order to be sworn by the Interim Village Clerk The following residents were sworn Marie Kirk, Helen White, Martha Broucek, Conchita Suarez, and Charles Smith A PUBLIC HEARING No 91-12-KBT-1 - Charles R Smith, 280 Island Drive - requesting NON-USE VARIANCE OF SETBACK REQUIREMENTS to permit an existing decorative masonry wall and planters setback 0' (25' required) from the real (South) property line and setback 1 4' (15' required) from the side street (West) property line Trustee Brody asked that Daniel Nieda, Building and Zoning Consultant make recommendations to the Board with respect to this request Mr Nieda recommended approval (with conditions) of request #1, 0 0' lot line planter setback, as is, and recommends denial of request #2, proposed masonry wall (A complete summary of the Consultant's recommendation is attached) Trustee Brody asked that the applicant, Charles R Smith be heard Mr Smith requested permission to withdraw the request for a masonry wall on the west side, since it was not his intention to build the wall on the West side Trustee Lauredo moved that the Board grant permission to withdraw Mr Smith's request to permit the masonry wall on the West side The motion was seconded by Trustee Fried, and carried unanimously (6-0) by the Board Mr Smith stated that he is requesting a variance to permit the planters is to provide a buffer between his property and the canal and to provide decorative plants that will enhance the beauty of the property Minutes - 12/10/91 Page 1 of 9 The following residents spoke in opposition to the variance request Helen White - stating that this variance should not be granted because the resident did not comply with Code prior to building the structure "after -the -fact applications" and that the Board should not grant variances for structures that are already built Marie Kirk - reiterated Helen White's comments Martha Broucek - commented that the Board should not set a precedent by granting variances and urged the Board to maintain consistency in the same regard Conchita Suarez - recommended that the request not be granted, if the location of the wall impedes the view from the water to the land, adding that there are laws that require that the views from the water be maintained Mr Smith requested to address the concerns raised by the residents, which request was granted Mr Smith proceeded to explain that there were slight errors in the research done by his architect and contractor, and that construction had already been started when it was discovered that a variance would be needed to continue He stated that he immediately filed an application with Dade County, of his own volition Village Attorney Richard Weiss reviewed that section of the Code (of Metropolitan Dade County) dealing with NON-USE variances He added that it is encumbrant on the Board to determine if a request is detrimental or otherwise compatible to the community Trustee Rasco questioned staff regard to the size of the wall (staggered in height from 2ft to 5ft along the canal) and planters (approx 1 ft to 6 ft in width) He also asked that if the wall was inspected, why was there no mention to the applicant as to the zoning matter Mr Smith responded that the structural integrity of the wall was inspected and passed all inspections The Consultant stated that structural inspections do not deal with zoning matters Mr Smith also stated that the planters vary in size according to the size of the wall Trustee Rasco suggested landscaping as opposed to the wall and planters Mr Smith stated that with landscaping, the soil would wash into the canal when it rains, and therefore would be impracticable Trustee Fried expressed his opinion that the existing wall is not detrimental to the community and that in view of the recommendations by the Consultant, he moved that the Board grant the applicant's remaining request subject to conditions stipulated by the Consultant (that engineering plans demon- strating containment of stormwater runoff from pool deck area to the canal, and subsequent approval of DERM Biological Research Section as required) Trustee Lauredo seconded the motion After further discussion with regard to the County's lack of enforcement, the question was called and the Public Hearing was closed The board voted as follows (4-2) in favor of the motion (Resolution #t R8-91 is attached) Minutes - 12/10/91 Page 2 of 9 Trustee Brody Nay Trustee Fried Yes Trustee Hill Yes Trustee Lauredo Yes Trustee Rasco Nay Vice Mayor Sullivan Abs Mayor Conte Yes B PUBLIC HEARING No 91-12-KBT-2 - Key Biscayne Galeria, Inc , 328 Crandon Blvd , requesting 1 NON-USE VARIANCE OF PARKING REQUIREMENTS to permit 17 parking spaces for tandom parking (none permitted) 2 NON-USE VARIANCE OF PARKING REGULATIONS requiring parking areas to be paved, to wave same to permit 17 parking spaces on glass block pavers 3 NON-USE VARIANCE OF LANDSCAPING REQUIREMENTS to permit 16 4% landscaping (17 5% required) Trustee Brody announced the opening of the Public Hearing and requested that anyone wishing to give testimony in regard to this Zoning matter should stand in order to be sworn by the Clerk The following residents were sworn Nancy Doke, Martha Broucek, Marie Kirk, Conchita Suarez, Helen White, Renald Shappo, Ed Stone, Javier Cappelleti The Consultant recommended approval of requests #1 and #3, with conditions (that a parking plan be provided indicating a means of assigning and numbering tandem parking spaces and that the applicant donate 18 additional trees to be planted behind the shopping center wall along Fernwood Road) and denial of request #2 (grass block pavers - should provide engineering plans to demonstrate that the existing drainage system has the capacity for additional stormwater runoff) (summary of Consultant's recommendation is attached) Renald Shappo, Attorney representing the applicant (Key Biscayne Galeria) requested that the Board approve the request because the front area of the shopping center becomes over -crowded with employees parking in the front, as well as patrons He stated that additional parking, for employees only, is necessary to ease the parking situation in the front area He stated that his client would agree to abide by all conditions imposed by the Consultant, adding that it would increase the attractiveness of the area along the rear of the parking area, as well as along Fernwood Resident Helen White stated her opposition to the request stating that the applicant has applied on a three other occasions for additional parking, that have been granted She urged denial of the request - Marie Kirk voiced her opposition by reiterating previous comments made by Helen White - Martha Broucek voiced her opposition citing that NON-USE variances run -with -the -land and urged the Board not to establish a precedent of approving NON-USE variances that remove landscaping Ed Stone, representing 325 Fernwood Condominium, expressed Minutes -- 12/10/91 Page 3 of 9 his opposition to the project citing that four of the units in the Condominium (adjacent to the Parking lot at the CaleYia) face the parking lot He also stated that the applicant, when the shopping center was being built, had worked with the Condominium and had requested three additional parking spaces, which were granted based upon a statement, by the applicant, that variances for parking would not be requested in the future He added that this would also cause additional traffic in the area next to the Condominium He requested that a variance for tandem parking be denied in orde7 to maintain continuity with the code Conchita Suarez u'iged that the Board of Trustees operate in compliance with the Code and not grant additional variances Richard Vernon voiced his opposition to the project citing that the shopping cente' was built on the promise that no variances would be requested for parking, or otherwise Mr Shappo stated that comments made by residents with regard to the project causing additional traffic is factually incorrect, since the use of the property will not be changed, only that additional parking would be available for employees in the rear of the building He reiterated that the applicant's project serves the community in the sense that it provides, additional parking and additional buffers that are not presently there Trustee Lauredo eluded to the fact that the applicant and the residents surrounding the shopping center have had previous negative encounters Flank Cappelleti, Manager of the Shopping Center, stated that they have had numerous conversa- tions and communications with Mr Stone, as well as other residents, and that all efforts have been made to deal with and resolve complaints in an expeditious manner Trustee Hill concurred with earlier comments by Trustee Lauredo that the applicant's request does not appear to be detrimental to the community, but instead appears to be to the benefit of the area Hearing no additional discussion from the Board or the Floor, Trustee Brody announced that the Public Hearing was closed and requested a motion from the floor Hearing none, Trustee Brody offered a motion of denial of all three requests, without prejudice (applicant comes to an agreement with its neighbors that may be brought back to the Board at a later date), which motion was later withdrawn Trustee Lauredo moved that a vote be deferred, until such time as the applicant wishes for it to be heard again by the Board, with the proviso that the applicant will pay appropriate advertising costs, if any, for a re -Hearing The motion was seconded by Mayor Conte and carried unanimously (6-0) 5 RECOMMENDATIONS TO THE ZONING APPEALS BOARD Minutes - 12/10/91 Page 4 of 9 A SISSER MANAGEMENT ZONING VARIANCE REQUEST - Recommendation previously deferred - Trustee Brody requested that the applicant advise the Board if the request has changed from the previous hearing Alejandro Zizold, representing the applicant, stated that the request has not changed and that they would like to continue to request that out -door dining be approved Trustee Lauredo pointed out that this item had been deferred, pending further investigation by staff (Trustee Brody) with regard to the possibility of granting the request of out -door dining to the applicant, while insisting that the landlord comply with the "piggy -back" requests, which should have been complied with years ago Trustee Brody stated that he had discussed possible compromise with the Gazebo Restaurant (the adjacent tenant of the p7 ernises) He had proposed that the applicant might want to modify the facade of their shop to conform with modifications presently being made by the adjacent tenant, which modifications would allow for three tables in the front area, as well as the side He stated that no compromise was arrived at Trustee Lauredo reiterated his previous concern over penalyzing the applicant for code violations that have not been complied with by the landlord, and again requested whether or not the Board can approve the request to permit outdoo7 dining, and deny the remaining requests The Attorney stated that in order to grant the request to permit outdoor dining, the applicant must comply with the code with regard to use, which requires additional parking to be added Trustee Hill asked the Attorney for clarification regarding which requests were made to change the current condition of the property, as opposed to requests to waive conditions which aie currently not being complied with The Attorney stated that request #1 is a request to relates the tables that ale currently outside (which is an illegal use), #2 is a request to relates a non-compliance (the wall that will serve as a buffer - which wall was never built), #3 is a companion request to #1, meaning that if the dining area is increased (in this case permit tables that are illegally placed to remain), additional parking is required under the Dade County Code, and #4 is also a companion request Trustee Hill commented that all requests are to maintain the current status of the pt operty, in non-compliance form, rather than trying to change the status -quo Trustee Lauredo moved that the Board recommend that requests 1,3 and 4 be granted for a period of one year and deny request #2 The motion was seconded by Trustee Hill Trustee Launedo asked that the County be notified and asked to take code enforcement action with regard to #2 (the 5'ft wall) Trustee Brody stated that he will request that the County do so Minutes - 12/10/91 Page 5 of 9 On a point of order, Trustee Brody asked the Attorney if requests can be granted foY a definitive period of time The Attorney answered in the affirmative Trustee Brody also asked whether or not code enforcement action can be taken with regard to the wall, if the underlying use that created the requirement for the wall is not being utilized (the courtyard area) The Attorney answered in the affirmative stating that by virtue that the variance was granted the requirement must be met for the use The questions was called, and the motion failed by a 2-4 vote of the Boat d as follows Trustee Brody Nay Trustee Fried Nay Trustee Hill Nay Trustee Lauredo Yes Trustee Rasco Nay Vice Mayor Sullivan Abs Mayor Conte Yes Trustee Hill moved that the Board of TYustees recommend to the Zoning Appeals Board that all four requests be denied The motion was seconded by Trustee Rasco and carried by a 5-1 vote of the Board as follows Trustee Bi ody Yes Trustee Flied Yes Trustee Hill ees Trustee Lauredo Nay Trustee Rasco Yes Vice Mayor Sullivan Abs Mayor Conte Yes 6 APPROVAL OF THE MINUTES December 3, 1991 - Trustee Lauredo moved that the minutes be amended to reflect his comments in item #7(B) as follows the record reflects that the applicant (Jefferson National Bank) has stated, for the record, that the merchants of the shopping center do not oppose the request The motion was seconded by T7 ustee Hill, and cart ied unanimously (6-0) by the Boa', d Trustee Hill requested that in the future, the Clerk include staff recommendations with regard to Zoning matters in the body of the minutes, in addition to attaching the recommendation Trustee Brody moved that item # 7(8) , line 5, be amended as follows Consultant, and post a suitable bond for the timely removal of the trailer and restoration of the site,' Trustee Hill moved that the minutes be approved as amended The motion was seconded by Trustee Lauredo, and passed unanimously (6-0) by the Board 7 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS Trustee Fried moved to defer Item No 's 9 (A) 2, 3 & 4 to a meeting at which Vice Mayor Sullivan will be in attendance The motion was seconded by Trustee Lauredo, and cal r ied unanimously (6-0) By consensus, the Board deferred hearing Item 9 (A)5, until after Item 9 (B) (Village Attorney Report) was heard Minutes -- 12/10/91 Page 6 of 9 8 ORDINANCES - SECOND READING/PUBLIC HEARING None 9 REPORTS AND RECOMMENDATIONS A MAYOR AND TRUSTEES 1 FINANCIAL STATEMENTS - The attached financial statements were presented by Trustee Cliff Brody Trustee Lauredo asked who was doing the bookkeeping for the Village Trustee Brody responded that the Clerk is the writing of the checks and making deposits, and accordingly recording account numbers, and subsequently submitting the check stubs to him for posting He stated that this is strictly a bookkeeping function, and not an accounting or CPA function Trustee Lauredo uz ged that the Village turn to possible CPA's that reside in the Village to review the work Trustee Rasco stated that he knows of one CPA (Ted Fernandez) that has suggested that he may do some pro-bono work for the Village in order to begin the preliminary work of creating an accounting system for the Village 2 OFFICE UPDATE EQUIPMENT AND CONSTRUCTION (BUILD -OUT) - Vice Mayor Sullivan - Deferred in item 7 3 SALES TAX REVENUES - Placed on the Agenda by Vice Mayor Sullivan -- Deferred in item 7 - Resident Betty Sime stated that Vice Mayor Sullivan Placed this item on the Agenda at her request She stated that Representative Susan Guber is being asked to sponsor the bill, however, there is a limit to how many Bills she may present to the Legislature, therefore it is most urgent that the request for revenue sharing funds be made as soon as possible so that it may be included as one of her Bills She asked that the Board authorize the Village Attorney to work with her regarding trying to obtain sales tax revenues via the Revenue Sharing Program By consensus of the Board, the request was granted 4 DISCUSSION RE DUTIES OF THE INTERIM VILLAGE CLERK - Placed on the Agenda by Vice Mayor Sullivan - Deferred in item 7 B VILLAGE ATTORNEY 1 LAWSUITS CHALLENGING INCORPORATION - Richard Weiss stated that he has reviewed the lawsuits and that Joe Serota feels that the Village has a solid case that any lawsuits which challenge the Village's Incorporation can be argued and defended successfully He reported that the County has advised Joe Serota that the one pending lawsuit where this issue was raised has been voluntarily dismissed 2 RICKENBACKER FUNDS AVAILABILITY - Richard Weiss reported he has asked (via correspondence) Walter Herndon, Minutes - 12/10/91 Page 7 of 9 Metropolitan Dade County Public Works, whether or not the Rickenbacker funds may be used to repair Crandon Boulevard in certain al eas (the area in fi ont of the Tennis Center, where rainwater accumulates) He stated that he is awaiting a response 3 SEAQUARIUM - Richard Weiss reported that he received several calls from citizens expressing thier concerns over the fact that during the Special Meeting on December 4th, the Attorney seemed to be neutral He explained to the Board that they were purposefully neutral because they were not sure, prio'i to the meeting, which direction the Board was going to take, and they did not want to appear as if they were influencing the Board, one way or the other He added that subsequent to the Meeting, the issues ale more defined, as is the Board's opposition to the Project, and the Attorneys will work full force in this regard He stated that a meeting was held with Gene Stearns and Betty Sime of the Key Biscayne Council, Inc and that most of the work with regard to the direction that will be recommended has been completed He requested that a report from Joe Serota be placed on the December 17, 1991 Agenda in regard to this issue 4 ATTORNEY'S COMPENSATION Richard Weiss stated that he has submitted his first bill to the Village and reported that his experience with other municipalities is that the Bill is reviewed by the City Manager, however, since the Village has no Manager, he suggested that one (or more) Trustee be appointed to review the bills prior to payment By concensus, the Board asked Trustees Hill, Flied and Rasco review the bills prior to payment 9 (A) 5 (Deferred to follow Item 9(8) (Attorney's report) in item 7) DISCUSSION RE, JOINING THE DADE COUNTY LEAGUE OF CITIES, INC , APPOINTING A REPRESENTATIVE (AND AN ALTERNATE) FROM THE BOARD OF TRUSTEES TO REPRESENT THE VILLAGE ON THE LEAGUE'S BOARD OF DIRECTORS Trustee Lauredo moved that this item be deferred until the December 17th Meeting The motion was seconded by Trustee Rasco and carried unanimousl/ C COMMITTEE REPORTS 1 MASTERPLAN COMMITTEE Interim Chairman Frank H Caplan Y equested (via a memorandum) that the Board of Trustees appoint three additoinal members (Patricia Romano, Jose Ferreyros and Carol Updegrave) to the Committee By consensus, the Boatid deferred this item to a meeting at which Chairman Caplan would be present (Dec 17, 1991) 10 OTHER BUSINESS - GENERAL DISCUSSIONS 11 APPROVAL OF THE BILLS Approval of the Bills was deferred by consensus, after a request by the Village Attorney that legal bills be approved by one or more members of the Board of Trustees Minutes - 12/10/91 Page 8 of 9 12 MEETING ANNOUNCEMENTS The following meetings were announced A Special Weekly meeting of the Board of Trustees, Tuesday, December 17, 1991, 7 00 p m , Key Biscayne Elementary School B Village Clerk Search Committee, Wednesday, December 11, 1991, 7 00 p m , Sheraton Royal Biscayne Hotel C Seal & Motto Committee, Saturday, December 14, 1991, St Agnes Academy D The minutes of the Key Biscayne Charter Commission are Available at the Village Offices, 91 West McIntyre, Ste 201 13 ADJOURNMENT The meeting was adjourned by Mayor Conte at 9 53 p m after a motion by Trustee Lauredo, seconded by Trustee Rasco Submitted for apps oval by Beatris M Arguelles, Interim Village Clerk Approved this 1'4 -day of by i {, 1 �,� �. '� s e c o n d by the Boaz d of Trustees voted as follows C Brody HI Fried ____ M Hill Vice Mayor ullivan k Mayor Conte �. Beaty is M Al gull les , Interim VillageClerk 199 , after a motion made [ t, -i Rasco _k ap_ Rafael Conte, Mayor Any person wishing to appeal any decision made by the Board with respect to any matter considered at this meeting, will need a record of the proceeding, and for such purposes may need a record of the proceeding, and for such purposes, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is nude Minutes - 12/10/91 Page 9 of 9 �„,C D 0 � t E�� 0 - F_0 1 A --��\ d — `/� t 1 1 CHARLES R SMITH 91-12-KBT-1 (Applicant) Date purchased (x) / leased ( ) Sept 11, 1991 Property Owner (if different from applicant) Same Is this application the result of a violation notice? Yes ( ) No (x) Is there an option to purchase ( ) / lease ( ) the property predicated on the approval of the zoning request? Yes ( ) No (x) If so, who are the interested parties? Disclosure of interest form attached? Yes ( ) No (x) Previous Zoning Hearings on the Property Year Applicant 'Request 'card vision 1975 Donald Sutton N U V setback & ZAB Appr/cond fence height VILLAGE OF KEY BISCAYNE ZONING SUMMARY HEARING DATE DECEMBER 10, 1991 PUBLIC HEARING NO 91-12-KBT-1 (FKA 91-10-24) APPLICANT CHARLES R SMITH has applied for the following NON-USE VARIANCE OF SETBACK REQUIREMENTS to permit an existing decorative masonry wall and planters setback 0' (25' required) from the rear (south) property line and setback 1 4' (15' required) from the side street (west) property line Plans are on file and may be examined in the Zoning Department entitled "An Addition to and Remodeling of the Smith Residence," as prepared by Michael Alan Fine, Architect, consisting of two sheets, dated received 8-1-91, and survey as prepared by J Bonfil and Associates, Inc , dated 3-28-91 Plans may be modified at public hearing LOCATION 280 Island Drive, Key Biscayne, Florida SIZE OF PROPERTY 16,300 sq ft (Lot size irregular) EXISTING ZONING AND LAND USE SUBJECT PROPERTY' RU -1, single family hone SURROUNDING PROPER'T'Y NORTH RU -1, single family hone EAST RU -1, single family home SWIM canal WEST RU -1, single family home SUMMARY The applicant is seeking the continuance of an existing decorative masonry wall and planters setback 0' (25' required) from the rear (south) property line and setback 1 4' (15' required) from the side street (west) property line Records reflect that an administrative variance was granted in 1991 to permit an 8' high wall (6' permitted) along the interior side (east) property line The subject property is a 16,300 square foot parcel in the RU -1 zone on Key Biscayne and is developed with a single family home in an area designated for low density residential use (up to 6 units per acre) by the Metropolitan Dade County Comprehensive Development Master Plan (CDMP) The existing 5 5' high CBS wall and planters along the southerly property line screen the rear yard area which contains a swimming pool Adjacent to the wall along the south property line is a canal and across said waterway is an undeveloped residential lot Running parallel to the westerly property line, this wall defines the side street lot line on this corner lot The nearest residence to the west is across Mariner Drive PREPARED BY METROPOLITAN DADE COUNTY BUILDING AND ZONING DEPARTMENT Date Inspected 8/26/91 CFB RGV RMS DBM bn 7- MEMORANDUM TO Reinaldo Villar, Chief Zoning Control Building & Zoning Department FROM Vicente E Arrebola, E Chief, Water and Sewer Division Environmental Resources Management DATE August 26, 1991 1%, 3 0 19 ZON,4y ( 91 v NT RO< O/V" 1)FP tr k SUBJECT ZAB #91-461 Charles Smith 280 Island Dr (5-55-42) RU -1 (0 36 Ac ) Non Use Variance of Setback Requirements This Department has reviewed the revised request and has determined that the same can be approved Therefore, the application can be scheduled for public hearing This approval is contingent upon compliance with all other Code requirements noted in the following comments Concurrency Review The department has conducted a concurrency review for this application and has determined that the same meets all applicable Levels of Service (LOS) standards as specified in the adopted Comprehensive Development Master Plan for potable water supply, wastewater disposal and flood protection Therefore, the application has been approved for concurrency subject to the comments and conditions contained herein Coastal The construction of the proposed planter/wall on the existing seawall is exempted from DERM Class I Coastal Construction Permit requirements However, review and approval of the construction plans by the Biological Resources Section of DERM will be required Water Supply and Sewer Service Public water and public sanitary sewers can be made available to this site, therefore, connection will be required Existing public water and public sanitary sewer facilities and services meet the Level of Service (LOS) standards set forth in the CDMP Furthermore, the proposed development order, if approved, will not result in a reduction in the LOS standards subject to compliance with the conditions stipulated by DERM for this proposed development order Water Management No positive drainage from the proposed project will be allowed to discharge into Biscayne Bay or the Atlantic Ocean Accordingly, all areas adjacent to the shoreline shall be backsloped or bermed in order to prevent overland discharge of stormwater runoff into the ocean, bay and/or waterway The disposal of the stormwater shall be accomplished via on site retention Because of poor seepage capacity encountered in the upper strata of coastal zones a stormwater management system consisting of dry retention/ detention in grassed swales combined with drainage wells may be preferable Oil and grease separators shall be required on all drainage inlet structures 1 A11 development shall comply with county and federal flood criteria require- ments The proposed development order, if approved, will not result in a reduction in the of Level Service standards set forth in the CDMP for flood protection subject to compliance with the conditions stipulated by DERM for this proposed development order Tree Preservation Section 24-60 of the Code requires the preservation of tree resources A Dade County tree removal permit shall be required prior to the removal or relocation of any trees The applicant is advised to contact the Biological Resources Section of DERM in order to obtain pertinent information regarding tree permitting requirements It should be noted that any concurrency determination contained herein does not constitute a final concurrency statement on the proposed development order as provided for in the adopted methodology for concurrency review One or more concurrency determinations will be required In summary, this application can be scheduled for public hearing, furthermore, this memorandum shall constitute DERM's written consent to that effect EAC ag CC Robin Sobrino Frank Richmond Diane O'Quinn Skip Scofield r:PARTMENT Public Works 0 CONCURRENCY REVIEW MEMORANDUM Applicant's Name aNA12.LjS sMini- Application # q I -44 j Meets Traffic Co:currency Criteria Yes .EL No Comments/Ccnditl,ns This application does not generate any new vehicle trips Hearing Recuirez:nts NONE PUBLIC HEARING REVIEW SEP 13 1991 Date 11-441 -TAR' I F1 P 44 ,7 L Nt 49/ BOUNDARY SURVEY t 2 SCALE ) a5 4 Po°(. -0 G 4 1 44 I I- 2"33 4- oNE. 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A k M 6 444 OS. 1.6 12,44111 DEC- 6-9 1 F7 I 1 ' 1 E TrIIDUECHEL-r.1oF'g4 P _ 0 4 VILLAGE OF KEY BISCAYNE BOARD OF TRUSTEES From: Building and Zoning Consultants' Recommendations To: The Board of Trustees Hearing Date: Hearing Number: Applicant: Requeet s 1. 2 Purpose: Location: December 10, 1991 91-12 KBT-1 (CAP No. 30-204) Char j .R Smith Non-use Variance to Permit an existing decorative wall and planters setback 0.0' (25.0' required) from the rear (South) Property Line. Non-use Variance to Permit Masonry Wall and setback of 1.4' (15' required) from the side street (West) Property Line. To provide visual screening and increase privacy to the West side of the residence and rear (South) pool area 280 Island Drive Existing Zoning_ _and Land _ Uae: subject Property: SIAM! Surrounding Property: Comprehensive RU -1 Single Family Residential 120' x 148' North. East: South: West: RU -1, Single RU -1, Single Canal RU -1, Single Family Residential Family Residential Family Residential Development Master Plana Meets criteria for Levels of Service Standards inclusive of Potable Water supply, wastewater Disposal, Flood Protection and is exempt from the Department of Environmental Resources Management (DERM) Coastal Construction Permit requirements. I Er`- -'? 1 FIR I 1 3 : 1 '9 TA GI EGHEL-I` OF i P _ 0 1 Recommendation: i Staff recommends ap„p ov_al, of xeauest 11 and denial of request #2 with conditions M 1. The existing planters are located at the 0' lot line along the canal's South seawall. The existing 5.5' high CBS wall and planters along the southerly property tear yard area screen the rear yard area which contains a swimming pool. The canal terminates in a dead end condition and the Planter Walls as designed and constructed are not obtrusive to water views of any adjacent neighbors; and in effect enhances the appearance of the canal from the water side. Staff recommends approval of the 0 0' lot line planter setback as is 2. The proposed Masonry Wall along the West Property Line mly be obtrusive to water views from the nearest residence to the West across Mariner Drive Staff recommends denial of the use of a Masonry Wall and approval, of the 1.4' setback from the West Property Line. s,ndf tioxts, 1. Decorat j ve_1Planter Wall Provide Engineering Plan' demonstrating containment of Stormwater runoff from pool deck area to canal and subsequent the approval of DERM Biological Resources Section, as required. 2 1 4' Setbac ro ,molest Property . Line Provide a landscape plan indicating a landscaping buffer with 1,4' setback from West Property Line in conjunction with a chain link fence on the interior side and plant material towards the exterior side of Mariner Lane not to exceed 4' in height such that only plant material be visible from the public Right -of - Way Date Inspected: Date Typed: Date Revised: Date Final: 11/30/91 12/04/91 12/05/91 C.A.P. Engineering Consultants, Inc Dan 1 B. Nieda, R A Bu ding and Zoning Director Village of Key Biscayne RESOLUTION NO Z-0"/-91 The following Resolution was offered by Trustee Mortimer Fried seconded by Trustee Luis Lauredo, and upon poll of members present the vote was as follows Clifford K Brody Nay Joe Rasco Nay Mortimer Fried Aye Ray Sullivan Absent Michael Hill Aye Rafael Conte Aye Luis Lauredo Aye WHEREAS, Charles R Smith has requested that a non-use variance of setback requirements to permit and existing decorative masonry wall and planter setback 0 feet (25 feet required) from the rear (south property line) and setback 1 4 feet (15 required) from the side street (west property line) The location of the property is 280 Island Drive, Key Biscayne, Florida, and WHEREAS, a public hearing of the Board of Trustees of the Village of Key Biscayne was advertised and held as required by law and interested parties concerned in the matter were given the opportunity to be heard, and WHEREAS, during the hearing the applicant withdrew his request pertaining to the rear property line setback, and WHEREAS, it is the opinion of this board that the requested non-use variance is compatible with the surrounding neighborhood and would not adversely affect the rights of adjoining property owners, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES, KEY BISCAYNE, FLORIDA, that The requested non-use variance is hereby granted subject to the subject condition 1 That the applicant provide engineering plans demonstrating containment of stormwater runoff from pool deck area to canal and subsequent approval of DERM Biological Research Section as required PASSED AND ADOPTED this ;L day of December, 1991 i i 1 Rafael bnte, Mayor i ATTEST --fir 1 Interim Village C(1er APPROVED Village Attorney \resolut\zreao smith 103 001 2 KEY BISCAYNE CALERIA, INC (Applicant) 91-12 -KBT-2 Date purchased (x) / leased ( ) May, 1989 Property Owner (if different from applicant) Same Is this application the result of a violation notice? Yes ( ) No (x) Nature of Violation N/A Notice Issued To Fines Collected Lien Is there an option to purchase ( ) / lease ( ) the property predicated on the approval of the zoning request? Yes ( ) No (x) If so, who are the interested parties? Disclosure of interest form attached? Yes (x) No ( ) Year Previous Zoning Hearings on the Property • Applicant 1952 H Matheson, Jr Request Z C to BU -3A S P hour exten- sion - cocktail lounge 1958 Director, B & Z Adoption - res 5200/ 7-52 1965 Jamaican Inn S E - expan alcoholic bev 1969 Key Biscayne Ent S E - expan alcoholic bev 1990 Key Biscayne Galeria, Inc U U outdoor seating Board Decision CC Approved CC Approved ZAB Approved ZAB Approved CC Approved VILLAGE OF KEY BISCAYNE • ZONING SUMMARY HEARING DATE DECEMBER 10, 1991 HEARING NO 91-12-KBT-2 APPLICANTS KEY BISCAYNE GALERIA, INC have applied for the following (1) NON-USE VARIANCE OF PARKING REQUIREMENTS to permit 17 parking spaces for tandem parking (none permitted) (2) NON-USE VARIANCE OF PARKING REGULATIONS requiring parking areas to be paved, to waive same to permit 17 parking spaces on grass block pavers (3) NON-USE VARIANCE OF LANDSCAPE REQUIREMENTS to permit 16 04% landscaping (17 5% required) A plan is on file and may be examined in the Zoning Department entitled "Key Biscayne Galeria," as prepared by Baldwin, Sackman & Assoc , dated 6-6-91 and 'Key Biscayne Galeria Proposed Grass Block Parking," as prepared by Knight, Witkin & Associates, dated 6/3/91 Plans may be modified at public hearing LOCATION 328 Crandon Boulevard, Key Biscayne, Florida SIZE OF PROPERTY 2 97 Acres EXISTING ZONING AND LAND USE SUBJECT PROPERTY BU -1, shopping center SURROUNDING PROPERTY NORTH BU -1, commercial EAST RU -4, single family hones & public library SOUTH BU -1, unimproved WEST BU -1 and RU -1; single family homes & apartments STJ 1MARY • The applicants are requesting a variance of parking regulations and landscape requirements in connection with this 2 97 acre BU -1 zoned shopping center on Key Biscayne Their letter of intent indicates that the purpose of this application is to add 17 parking spaces in the rear of the center for employee parking, thereby preserving parking in the front of the center for customers It should be noted that the Metro -Dade County Zoning Appeals Board, in May, 1991, granted a use variance for the property to permit a fitness center (a BU -1A use) as well as an unusual use to permit an outdoor seating area for various restaurants and a parking variance to permit 203 spaces (207 spaces required) VILLAGE OF KEY BISCAYNE 0 ZONING SUMMARY HEARING DATE • DECEMBER 10, 1991 Page Two HEARING NO 91-12-KBT-2 According to the plan, the existing concrete wheel stops for 17 existing stalls in the rear of the center would be removed and a 17' x 127'6 grassed area westerly thereof would be replaced with paver blocks in order to accommodate a tandem parking arrangement Tandem parking is a double -tiered arrangement by which one raw of cars is blocked in by another raw of cars The plan reveals that the additional row of cars would be parked approximately 21' from the rear property line, whereas a 38'3' setback is cuLiently provided The landscape plan indicates that approximately 18 trees would be planted between the existing wall (which is set in 10' from the rear property line) and the newly created parking stalls PREPARED BY METROPOLITAN DADE COUNTY BUILDING AND ZONING DEPARTMENT DATE INSPECTED 8/26/91 cFB RGV RMS FCR bn 2-3 MEMORANDUM TO Reinaldo Villar, Chief Zoning Control, Building and Zoning Department SUBJECT FROM Vicente E Ar rebo l a, P E --- Chief, Water & Sewer Division Environmental Resources Management DATE September 10, 1991 ZAB * 91-0486 Key Biscayne Galleria 328 Crandon Blvd Non use variance to permit tandem parking (BU -1)(2 79 Ac )(32-54-42) DERM has reviewed the subject application and has determined that the same can be approved Therefore, the request can be scheduled for public hearing This approval is contingent upon compliance with all Code stipulations contained herein CONCURRENCY REVIEW The department has conducted a concurrency review for this applica- tion and has determined that the same meets all applicable Levels of Service (LOS) standards as specified in the adopted Comprehensive Development Master Plan for potable water supply, wastewater and flood protection Therefore the application has been approved for concurrency subject to the comments and conditions contained herein WATER MANAGEMENT All stormwater runoff must be retained on -site utilizing properly designed seepage or infiltration drainage structures Oil and grease separators shall be required on all drainage inlet structures If project has greater than 40% impervious area, will be required that the first half inch of runoff be treated before excess runoff is discharged into the aquifer Any proposed development shall comply with county and federal flood criteria requirements The proposed development order, if approved, will not result in a reduction in the Level of Service standards for flood protection set forth in the CDMP subject to compliance with the conditions stipulated by DERM for this proposed development order TREE PRESERVATION Section 24-60 of the Code requires the preservation of tree resources A Dade County tree removal permit is required prior to the removal or relocation of any trees The applicant is advised to contact DERM staff for permitting procedures and requirements prior to development of site and landscaping plans SFp 1 7 1991 [BADE CO PLDr ZONING CON, WI_ D BY w 2-4 R 91-0486 It should be noted that any concurrency determination contained herein does not constitute a final concurrency statement on the proposed development order as provided for in the adopted methodolo- gy for concurrency review One or more additional concurrency determinations will be required In summary, this application can be scheduled for public hearing, furthermore, this memorandum shall constitute DERM's written approv- al as required by the Code 1.466 2403 DEPARTMENT Public Works CONCURRENCY REVIEW MEMORANDUM Applicant's Name • to t? B'$w1'NG GALE A. Application #: 91-486 Meets Traffic Concurrency Criteria Y :1411):31) No Comments/Conditions. This application does not generate any new ehicle trips • PUBLIC HEARING REVIEW Hearing Requirements Site plan approved subject to the re uirements listed below: This Department has no objection to permit 17 tandem parking spaces based upon the applicant letter intent indicating that *the spaces win be desisted as employees parking Si l fl 1991 Date DISCLOSURE OP INTEREST* If the property which is the subject of the application is owned or leased by a CORPORATION, list the princlpal stockholders and the percentage of stock owned by each [Note where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other stmilir entities, further disclosure shill be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership Interest to the aforementioned entity) NAME, ADDRESS, AND OFFICE FERNWAY BUILDERS, INC on -Blvd , Suite 223 Key Biscayne, FL 33149 L 1 Percentage of Stock 100% owned by Fernway Holding Corp the property which is the subject of the application is owned or leased a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each [Note where the beneficiary/beneficiaries consist o f corporation(s), another trust(s), partnership(s) or other similar e ntittt.s, further disclosure shall be required which discloses the identity o f tht. individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity) NAME AND ADDRESS Percentage of Interest 2-7 DISCLOSURE OF INTEREST* If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each [Note where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar ent[tie,, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity] NAME, ADDRESS, AND OFFICE Percentage of Stock FERNWAY HOLDING CORP Mr DMonislo Romero, Chairman 100% of voting stock sir Juan P Raffo, President If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each [Note where the beneficiary/beneficiaries consist o f corporation(s), another trust(s), partnership(s) or other similar e ntities, further disclosure shall be required which discloses the identity o f the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity] NAME AND ADDRESS Percentage of Interest 2 - 8 Page 2 It the property which is the subject of the application is owned or leased by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited partners [Note where the partner(s) consist of another partnership(s), corporation(s) trust(s) or o ther similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the u ltimate ownership interest in the aforementioned entity] NAME AND ADDRESS Percentage of Ownership If there is a CONTRACT FOR PURCHASE, whether contingent on this application o r not, and whether a Corporation, Trustee, or Partnership, list the n es of the contract purchasers below, including the principal officers, stockholders, beneficiaries, or partners [Note where the principal o fficers, stockholders, beneficiaries, or partners consist of another corporation, trust, partnership, or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity] NAME, ADDRESS,AND OFFICE (if applicable) Percentage of Interest Date of contract Page 3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed The above is a full disclosure of all parties of interest in this application to the best of my knowledge and belief Sworn to and subscribed before me, this day of Signature (Applicant) 19 9/ Notary Public, State of Florida at Large My Commission Expires (SEAL) NOTARY PUBLIC STATE OF FL(ITDA MY COMMISSION EXP OCT 16,1g93 BONDED THRU GENERAL INS U1D * Disclosure shall not be required of any entity, the equity interests in which are regularly traded on an established securities market in the United States or other country, or of any entity, the ownerhip interests of which are held in a limited partnership consisting of more than 5,000 separate interests and where no one person or entity holds more than a total of 52 of the ownership interest in the limited partnership REVISED 1/11/90 2-10 DATA CRANDON r r r « w 4 L =Uww l 104. eom 14 . l 4 1 1 T T a 1. 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Awe COCOOs860 .M S1IK.4 .00/OH7 J4 ew e Ie0esee M 04071 0mmC*$ 1W wetk es/Od - n 10 ^M PLOW roe *0400.. .m.'1mo..7 ll.K Coen eels ..e /qae P /eA sCe sere 0w1 e. C10e was/ 4144 el O.CY414. 1/.4 u.t4Vrnr. a ewe 010.1 nose 04 0( I -4 .4 K 14.400(441 new[ 30►10 1 M! Mm[ 00 %•e Wee 04 '4400 ape k ey sh ce7.I. locatio n map e1la tie mom -tee iff/4 Ia © r.Mr_©w rPG-a( EM GP — GU SOv r"r L /MIT _ -PA Rr�- QM G U r-, ? C HARBOR 1 1 1 _ 1 BUTTONWOOD DR PION Z AA'E D CQEfr Q.iive $t re HEATHER DRIVE WEST / ) ! 1 k / / 1 aoi Ille. C9l ( - or l 5 I'd r/ e' 7 / d 1 7 EAST DRIVE r r fA l 3 t f Par/ o/' Trncl' R U -4M ----'"...., Gdi. FtU—di, II - •/ Trscr 4 r 40 n I I /PAY Lc) O A' Y A[A / /Ate 4 I 1 i METRO DADE COUNTY BUILDING & ZONING DEPT 11TH FLOOR - METRO DADE CENTER 1 11 N W 1ST STREET MIAMI, FL 33128 Attention Board of Trustees, Village of Key Biscalege Hearing No 91-12-KBT-2 32-54-42 Applicant Key Biscayne Galeria Inc ZONING NEARING sa1QB mu* co. UMW OM OBJECTIONS / WAIVERS 01' OBJECTIONS" �1 Property Owner & Objector Peter W Rogers 300 Fernwood Rd Key Biscayne F1 33149 1) The applicant is requesting a variance of parking to permit 17 parking spaces to be paved which would permit the aforesaid parking spaces to be nearly flush to the barrier wall adjacent to Fernwood Road and subsequently bringing the parked automobiles into full view of the residents located on Fernwood Road 2) It should be noted that when the Galeria property was constructed ,the barrier wall facing Fernwood Road was built to a height of 5 foot based on the ground level taken from Fernwood Road, however the Galeria property had been graded to a higher level as per the requirements of the building code The consequence of the prior mentioned is that the level of the barrier wall measured from the Galeria property is only 3 foot and not the required 5 foot, the end result being that any automobiles parked in the proposed new parking area will be completely visible to the property owners of Fernwood Road 3) RESOLUTION - The barrier wall facing Fernwood Road should be increased in height to a minimum of 5 foot measured from the Galeria property Heavy landscaping both on the Galeria property and also on Fernwood Road side of the property should be planted in the form of Trees and high growing shrubbery which will block the view of the parking area and also partially block the view of the main Galeria building This would be a necessary continuance of protective landscaping on the eastern side of the commercial areas being developed on that side of Fernwood Road 4) The residents of Fernwood Road also have a additional problem regarding the Trash Area which is adjacent to the barrier wall and in full view of the property owners Apart from the often unsanitary situation where foodstuff and perishable items are dumped by the various fast food and store owners, thus encouraging odors and rodents to infest this area It should also bP noted that it would appear that there are insufficient glrbagP facilities for the location as the bins are always over flowing their normal capacity We repeat this is in full view of the Fernwood residents 5) Apart from the foregoing, we the Fernwood Rd residents are awakened each morning at approximately 6am by the heavy noise of the garbage dump trucks emptying the heavy duty garbage containers into the master vehicles This we believe to be unlawful and is not permitted prior to 7am We have complained about this to no effect It is to our mutual interest to "Keep Key Biscayne Beautiful" and I believe the aforementioned objections and comments are important and for the benefit of the whole Village Sincere Peter W ogers 300 Fernwood Road Key Biscayne F1 33149 11/25/91 12 02 3953752311 B (cc Z CENTRAL 0002 i I A METRO DADE COUNTY BUILDING & ZONIBG DEP' T . 11 thFLOOR - METRO DADE CENTER 111 N.W.1st STREET MIAMIL FL 33128 Atte.nt3on: Board of Trustees, Village of Key Biscayne Hearinq No. 91=12-EBT-2 32-54-42 Applicant: Key Biscayne Galeria, Inc. OBJECTIONS / WAIVERS Or OBJECTIONS Property Owner & Objector: Mrs. Virginia E. Thixton- 904 Bristol Road Indianapolis, IN 46280 1 The a licant is requesting a variance of parking to permit 17parking ►- paVaS th bet paved1w ti�!eh1 Toro d 41.6rEat- the �fosesa3 g_ pr --t be nearly flush to the barrier wall add acent to Fernwood that f the subsequently bringing �eip arked automobiles into full view residents located on Fernwood Road. 2) It should be noted that when. the Galeria property was constructed the barrier wall facing Fernwood Road was built to a height ofG5 foot based on the ground. level taken. from FernwoodRoad, per requirements of the o.$as however eria property had been graded to a l��er theeprior mentioned is that the building code. The consequence level of the barrier wall measured from the Cad is propult erty is any jnlm 3 foot and not the required d newoot, the arkz.ng area will be completely automobiles parked in the prose Fernwood Road. visible to the property owners of Fe 3) RESOLUTION: - The barrier wall facing Fernwood Road fshouldebealer�a increased in height to a minimum of 5 foot measure dproperty. Heavy landscaping both on. the Calera property and also on n Feres nwood .Ruad s Lde of a prose-rty should be planted in the form bet_ why ch will block the view of Lae p� ,.l nd kiy �,,.,. - d --ab partially block j the view of the main _ tai his would be a necessary continuance of protective landscaping on e f astern side of the commercial areas being developed on that side of Fernwood Road. 4) The residents of Fernwood Road also have an additional problem Ireguarding the Trash Area which is ad] acent to the barf ten wall and in full view of the property owners. Apart from the situation where foodstuff and perishable items are dumped sby the t. rodents various fast faced d store owners, thus encouraging that t r,,Fould,�ppea_r to infest this area. It should also be that there are insufficient garbage facilities cfor ct e locationWe as t the bins are always ov�r�e °Fernwood Road residents. this is in full view of 11/45/91 12 ti 3 i U31153752'311 B Z C NTRAL Z003 1 Page 2 cont. 5) Apart from the foregoing, we the Fernwood Road residents are awakened each morning at approximately 6 a.m. by the heavy noise of the garbage dump -trucks emptying the heavy duty garbage containers into the master vehicles. This we believe to be unlawful and is not permitted priori to 7 a.m. . We have complained about this to no effect. 1 { 1 - 71:'1 1' 't ! r-,_ 1 "k -� L - II - iii - ' 11.t is to oui iautnal interes t "keep Key Biscayne BeanEif .and{ z -bet. eve}! the aforementioned objections and comments are nmportant and for the benefit of the whole Village of Key Biscayne. rginia E. Thixton stol Road polls, IN 46280 Iam the owner of the resident located at 290 Fernwood Road, Key Biscayne, FL. This property is presently rented to a young couple their family, which object to all the noise and all the other aforementioned things. t i+. tf�, +T+^'w,,i ! ! i - 4i FAT F f rr 325 Fei nwood Road Key Biscayne, Fl., 33149 December 02, 1991 Car1os F 1onzon, P E, P L D DIRECTOR METROPOLITAN DADE COUNTY BUILDING LAND ZONING DEPARTMENT 11th Floor - Metro -Dude Centel 111 N W Ist Street Miarc�i , Fl , 33128 REFERENCE, HEARING NO 91- 12- K5T-2 Gentlemen Apparently CI -IC kFY DJ`►CAYNI GALTRJ7, INC , is oblivious to tho fact that them j►ropL, ty ahutk. a xLeacluntiU.1 area on their west sldu Cunningly, THE GALFRIA, INC , at the time of seeking their budding p©rmitk., called thtu without delay since, according to them, "N 0 VARIANCEWAS REQUIRED", fnowang full well, at the tin*, that they needed mole policing than permitted We the owner cold reridents of 325 re. nwood Road Condominium vehemently oppo,o THE KLY IIISCAYNE OALFEIA, INC application for, 1 NON -U`�E VARIANCE OF PARKING REQU T REMCNT5 2 NON-U9E VARIANCE OF PARKING RFGULAT I ONS 3 NON-U'��I VARIANCE Or F AND5r APF I:I QU I htMENTS President , 325 F LRNWOOD ROAD CONDOMINIUM ASSOCIATION of/s cc. Board of Trustees, Village of Key Disoayne K 1 1 1 Jr, 1-1 1.4 U V 1-1 G 1_ — 1 1 U K H . lel 1 VILLAGE OF KEY BISCA'YNE BOARD OF TRUSTEES From: Building and Zoning Consultants, Recommendations To: The Board of Trustees Hearing Date: Rearing Number; Applicant: Request: 1. 2. 3 Locations DecEmber 10, 1991 91-�12-KBT-2 (CAP No. 30-203) Ke scayne Galeria�__Lnc Note -use Variance of parking requirements to permit 7 parking spaces for Tandem Parking (none permitted) . Non-use Variance of parking regulations requiring parking areas to be paved; to waive same to permit 17 parking spaces on Grass Block Pavers Non-use Variance of landscape requirements to permit 16.04% landscaping (17.5% required). To add 17 parking spaces at the rear of the shopping center for Employee Staff Parking, in order to preserve parking in the front of the shopping center for customers. 328 Crandon Blvd. Ex sting caning. and Land Use: Subject Property: Bice: Surrounding Property: BU -1 Neighborhood Business District 2.97 Acres North: East: South: West: BU -1, Neighborhood Business District RU -4I,, Limited Apartment House District BU -1, Unimproved RU -1, Single Family Residential Comprehensive DAVelOrpment Master .Plans Meets criteria for Level of Service Standards inclusive of Potable Water Supply, Wastewater Disposal Flood Protection as well as Traffic Concurrency Review. DEC- 6-91 FPI 1Z:14 TAQUECHEL-F1ORA .commendation: Staff recommends approval of requests #J._and #3 with gAndition axed denia_Lof reauest #2. 1. Tandem Parking is a double -tiered arrangement where the first car is blocked in by the second car. Although, this is not a permitted arrangement, when utilized in conjunction with the exclusive staff use of each business establishment, it becomes a workable plan. Therefore, staff recommends approval that the additional 17 Tandem Parking spaces be added with condition,. P 132 2. Staff recommends denial to waive parking regulation requiring parking area to be paved. Use of Grass Brock Pavers shall not be allowed. Staff feels that the proposed Grass Block Pavers are potentially more damaging than they are beneficial. Oil and grease from a car parked continuously over the pavers will tend to seep into the aquifer and also cause the "grass" to die. Grass Pavers are also more difficult to maintain and more costly to construct. 3. The reduction in landscaped area of 2167 S.F caused by the Tandem Parking arrangement will not be detrimental to proper site drainage. Additional landscaping will offset the heat gain and harshness caused by the additional paving area Staff recommends approval to permit 16.04% landscaping area where 17 5% was required, with conditions. Conditions: 1. Landem pazlinq In order to facilitate the workability of the Staff Tandem Parking arrangement, a parking plan shall be provided indicating means of assigning and numbering Tandem Parking Spaces to each business establishment. 2. Paved Parkinq Area,. Provide Engineering Plans to demonstrate that the existing drainage system has the capability to accept 2167 S.P of additional Stormwater Runoff. The system must be able to treat the first half inch of runoff and be provided with oil and grease separators as required by Department of Environmental Resources Management (TERM). Should the existing drainage system be found deficient after review by staff of the above, then re -design shall be required to accommodate the additional Stormwater Runoff and the proceeding requirements. p it 9 1 FR I 1 3 T A Q U E C H E L -- M O R i Conditions jgont O.: I 3. Landscaped Arej, The Landscape Plan indicates 18 new trees to be planted between the existing wall and the end of the newly created Parking Stalls In order to enhance and buffer the residential area to the West, the applicant shall enter into an agreement to donate is additional trees to pe planted behind the shopping redetermined Ferrtwood toad at a later date by the Village of Key Biscayne. Date Inspected: 11/30/91 91 Date Typed: / Date Revised: Date Final: 12/05/91 C.A.P. Engineering Consultants, Inc. Mani f, B. NieZr�riin.ADirect.or Bui ing• and Village of Key Biscayne it. P: Enoinggnn Connitant§, ine. VILLAGE OF KEY BiBCAYNE BOARD OP TRUSTEES From: To: Building and Zoning Consultants' Recommendations The Board of Trustees Hearing Date: Hearing Number: Applicant: Request: 1. 2. P,ur, Pose: Aocation: 3. 4. December 3, 1991 90-692 (C A P. No 30--201) $ sse' Management Services, Inc. 1 Unusual use to permit outdoor dining Modification of previously imposed condition requiring a 5' high wall along the West side of the property line, to waive said wall and require only landscaping;.{ Non --Use variance of parking requirements to permit 441 , parking spaces (73 parking spaces required). ;,, Non --use Variance of parking requirements to permit a t stall depth of 19' (21' required) and to permit an( aisle width of 11.5' (17' required). r To permit 144 square feet of additional outdoor) dining to service an existing ice cream shop i To permit modification of the landscape requirement To permit a variance of parking requiremen regulations. 200 Crandon Blvd, Suite 220 Existing_ Zoninct and Lanes : Subject Property: Site: Surrounding Property: BU -1 Neighborhood Business District 153' X 468' North: South: East: West: BU -1 Medical Office Building BU -1 Shopping Center RU -4C Apartments RU -1 Single Family Residences com„prehe►nsive Develppmertt Master Plan: 'r ew I'1 't 111 The adopted 2000 and 2010 LandUse Plan designates ti 4 f subject property as being within the urban development: boundary for Business and Office. fs i� 4848 $ W 74th Court Mi tm', Florida 33155 (305) 667 8484 Fax (305) 667 8539 , tr t E,e ommendation: x 3.. 2. In 1976, the Applicants were granted an Unusual Use's Permit allowing outdoor dining and table service i1 connection with an existing restaurant. The applicant now wants to add 144 square feet of outdoor dinin� a ic e to service the cream shop. The lack o adequate parking spaces, driveway aisle width and poop vehicular circulation do not help justify the increase in use proposed by the Applicants. In Staff' F opinion, there is no need to allow additional outdoor, dining area when the existing tables may be utilized 5 by the restaurant and ice cream establishments in their common Courtyard area. Further, the proposed additional outdoor dining location will increase vehicular circulation;` congestion and require more parking spaces, which iS already less than required. ` J There are single family homes directly West of the subject Property which should be buffered from this commercial Property. Staff recommends that the , request for waiving the 5' high wall along the West side of the property line be denied and that the wall and landscaping be provided as originally required ip, Condition #4 of Resolution 4-ZAB-85-76 and Condition,' #2 of Resolution Z-102-77. 3. The request for a variance of parking requirements t 3i permit 44 Off -Street Parking Spaces, where 73 parking spaces are required, is extreme and consequently Staff recommends denial. Date Inspected: Date Typed: Date Revised: Date Pinai: 4Q C.A.P. Engineering Consultants, Inc • 11' 4. The existing parking layout is an antiquated desig utilized for the original Motel, with parking in front of the individual units. To permit parking stalls 191 deep (21' required) and driveway aisle widths of 11.51 (17' required) would provide further congestiop resulting from One Way circulation and reduced maneuvering space. Therefore, Staff recommends denia1l 11/21/91 11/27/91 11/29/91 Dane P. Nieda, R A. {Hull ng and Zoning Director t Village of Key Biscayne Village of Key Biscayne 85 W McIntyre Street Key Biscayne, Florida 33149 (305) 365-5511 • Fax 365-5556 Mayor Rafael Conte Vice Mayor Ray Sullivan Trustees Clifford Brody Mortimer Fned Mike Hill Luis Lauredo Joe 1 Rasco December 4, 1991 TO' Board of Trustees FM' Cliff Brody RE' November 1991 Financial Statements Attached are the subject financial statements for the Village They include' Balance Sheet as of 11/30/91 Revenue and Expense Fiscal Year to Date Cash Flow Analysis Fiscal Year to Date Budget vs Actual for November Budget vs Actual Fiscal Year to Date Page 1 Page 2 Page 3 Pages 4/5 Pages 6/7 The above 5 reports constitute the planned monthly financial package except there will normally be 7 reports, the above 5 plus a Revenue and Expense and Cash Flow Analysis for the current month in addition to the year to date reports These reports were not printed for November because there was so little activity in October the year to date and November reports were almost identical November only income and expense is reflected in the Budget vs Actual report for November for those that are interested. Any suggestions for improvement or requests for additional information will be gladly accommodated within the limits of the very simplistic computer program we are using Just let me know VILLAGE OF KEY BISCAYNE As of 11/30/91 All Accounts 12/ 3/91 Acct 11/30/91 Balance ASSETS Cash and Bank Accounts 1 -00 -01 -01 -OPERATING ACCT 71,636 26 Total Cash and Bank Accounts 71,636 26 Other Assets 1 -90 -01 -10 -OFFICE FURNITURE 0 00 1 -90 -01 -15 -OFFICE EQUIPMENT 0 00 1 -90 -01 -20 -COMPUTERS 0 00 1-90-01-30-VIDEO/SOUND EQUIPMENT 0 00 1 -90 -01 -31 -TELEPHONE EQUIPMENT 0 00 Total Other Assets 0 00 TOTAL ASSETS LIABILITIES & EQUITY 71,636 26 LIABILITIES Other Liabilities 2 -00 -02 -01 -NOTE PAYABLE KB BANK 20,000 00 2 -00 -02 -10 -FICA PAYABLE 178 56 2 -00 -02 -11 -MEDICARE PAYABLE 41 76 2 -00 -02 -12 -WITHHOLDING PAYABLE 338 00 Total Other Liabilities 20,558 32 TOTAL LIABILITIES EQUITY TOTAL LIABILITIES & EQUITY 20,558 32 51,077 94 71,636 26 Page 1 VILLAGE OF KEY BISCAYNE 10/ 1/91 Through 11/30/91 -- VILLAGE OF KEY BISCAYNE 10/ 1/91 Through 11/30/91 All aunts 12/ 3/91 Category Description 10/ 1/91- 11/30/91 INCOME/EXPENSE INCOME 5 -00 -00 -10 -UTILITY TAXES 5-00-00-15-CATV FRANCHISE FEES 49,172 28 9 071 33 TOTAL INCOME 58 243 61 EXPENSES 6 -10 -10 -02 -SALARY -VILLAGE CLERK 2 880 00 6 -10 -40 -00 -TRAVEL 48 00 6 -10 -45 -00 -TRUSTEE EXPENSES 135 81 6 -10 -65 -00 -ADVERTISING 849 00 6 -10 -70 -00 -POSTAGE 57 66 6 -10 -80 -01 -ADM -OFFICE SUPPLIES 614 28 6-20-90-99-PLN/BLDG/ZONE CONTINGENCY 403 00 6 -90 -90 -01 -START UP OFFICE SUPPLIES 60 26 6 -90 -90 -98 -START UP MISC EXPENSES 2 117 66 TOTAL EXPENSES 7,165 67 TOTAL INCOME/EXPENSE 51,077 94 Page 2 VILLAGE OF KEY BISCArNE 10/ 1/91 Through 11/30/91 1-00-01-01 12/ 3/91 Category Description 10/ 1/91- 11/30/91 INFLOWS 5 -00 -00 -10 -UTILITY TAXES 49,172 28 5-00-00-15-CATV FRANCHISE FEES 9 071 33 FROM 2-00-02-01 Note Payable 20,000 00 FROM 2-00-02-10 FICA Payable 178 56 FROM 2-00-02-11 Medicare Payable 41 76 FROM 2-00-02-12 W/H Payable 338 00 TOTAL INFLOWS 78 801 93 OUTFLOWS 6 -10 -10 -02 -SALARY -VILLAGE CLERK 2 880 00 6 -10 -40 -00 -TRAVEL 48 00 6 -10 -45 -00 -TRUSTEE EXPENSES 135 81 6 -10 -65 -00 -ADVERTISING 849 00 6 -10 -70 -00 -POSTAGE 57 66 6 -10 -80 -01 -ADM -OFFICE SUPPLIES 614 28 6-20-90-99-PLN/BLDG/ZONE CONTINGENCY 403 00 6 -90 -90 -01 -START UP OFFICE SUPPLIES 60 26 6 -90 -90 -98 -START UP MISC EXPENSES 2,117 66 TOTAL OUTFLOWS 7 165 67 OVERALL TOTAL 71 636 26 Page 3 VILLAGE OF KEY BISCAYNE 11/ 1/91 Through 11/30/91 All Accounts 12/ 3/91 Category Description 11/ 1/91 - 11/30/91 Actual Budget Diff INCOME/EXPENSE INCOME 5 -00 -00 -10 -UTILITY TAXES 5-00-00-15-CATV FRANCHISE FEES 5 -00 -00 -20 -COUNTY SUBSIDIZED REVENUE TOTAL INCOME 49,172 28 9 071 33 0 00 0 00 0 00 0 00 49 172 28 9 071 33 0 00 58 243 61 0 00 58 243 61 EXPENSES 6 -00 -90 -10 -INTEREST EXPENSE 0 00 0 00 0 00 6 -00 -90 -99 -EMERGENCY CONTINGENCY 0 00 0 00 0 00 6 -10 -10 -01 -SALARY -VILLAGE MANAGER 0 00 0 00 0 00 6 -10 -10 -02 -SALARY -VILLAGE CLERK 2 880 00 2 500 00 380 00 6 -10 -10 -03 -SALARY -FINANCE DIR 0 00 0 00 0 00 6-10-10-09-SALARY-OTH ADM PERSONEL 0 00 0 00 0 00 6-10-11-01-PERSONEL EXP-VILLAGE MGR 0 00 0 00 0 00 6-10-11-02-PERSONEL EXP-VIL CLERK 0 00 680 00 -680 00 6 -10 -30 -01 -LEGAL EXPENSES 0 00 0 00 0 00 6 -10 -30 -02 -ACCOUNTING EXPENSE 0 00 0 00 0 00 6 -10 -40 -00 -TRAVEL 48 00 0 00 48 00 6 -10 -45 -00 -TRUSTEE EXPENSES 135 81 4,000 00 -3 864 19 6 -10 -50 -00 -UTILITIES 0 00 0 00 0 00 6 -10 -55 -00 -RENT 0 00 0 00 0 00 6 -10 -57 -00 -MAINTENANCE & REPAIRS 0 00 0 00 0 00 6 -10 -60 -00 -DUES & SUBSCRIPTIONS 0 00 0 00 0 00 6 -10 -65 -00 -ADVERTISING 849 00 0 00 849 00 6 -10 -70 -00 -POSTAGE 57 66 0 00 57 66 6 -10 -80 -01 -ADM -OFFICE SUPPLIES 614 28 500 00 114 28 6 -10 -90 -01 -ORDINANCE CODIFICATION 0 00 0 00 0 00 6 -10 -90 -02 -MINUTES INDEXING 0 00 0 00 0 00 6-10-90-99-ADMIN CONTINGENCY 0 00 5,000 00 -5,000 00 6-20-20-00-PLAN/BLDG/ZONE CONSULTING 0 00 0 00 0 00 6 -20 -90 -10 -MASTER PLAN 0 00 0 00 0 00 6-20-90-99-PLN/BLDG/ZONE CONTINGENCY 403 00 0 00 403 00 6 -30 -20 -10 -CONTRACT ENGINEER 0 00 0 00 0 00 6 -30 -20 -20 -PUBLIC WORKS CONSULTING 0 00 0 00 0 00 6 -30 -90 -98 -PUBLIC WORKS PROJECTS 0 00 0 00 0 00 6 -30 -90 -99 -PUBLIC WORKS CONTINGENCY 0 00 0 00 0 00 6-40-90-01-CALUSA IMPROVEMENTS 0 00 0 00 0 00 6 -40 -90 -02 -PARKS OPERATIONS 0 00 0 00 0 00 6-40-90-03-SOCIAL/CULTURAL/EQUIP/PHY 0 00 0 00 0 00 6 -40 -90 -99 -PARKS & REC CONTINGENCY 0 00 0 00 0 00 6 -50 -35 -00 -INSURANCE 0 00 1,000 00 -1,000 00 6 -50 -90 -99 -RISK MGT CONTINGENCY 0 00 0 00 0 00 6-60-20-00-FIRE/RESCUE CONSULTING 0 00 0 00 0 00 6-60-90-99-FIRE/RESCUE CONTINGENCY 0 00 0 00 0 00 6 -70 -10 -00 -POLICE SALARIES OTHER 0 00 0 00 0 00 6 -70 -20 -00 -POLICE CONSULTING 0 00 0 00 0 00 6 -70 -90 -99 -POLICE CONTINGENCY 0 00 0 00 0 00 6 -90 -20 -00 -START UP PERSONEL SEARCH 0 00 0 00 0 00 6 -90 -90 -01 -START UP OFFICE SUPPLIES 60 26 2 500 00 -2 439 74 6 -90 -90 -98 -START UP MISC EXPENSES 2,117 66 2,500 00 -382 34 Page 4 VILLAGE OF KEY BISCAYNE 11/ 1/91 Through 11/30/91 All Accounts 12/ 3/91 Category Description 11/ 1/91 - 11/30/91 Actual Budget Diff 6 -90 -90 -99 -START UP CONTINGENCY 0 00 4 750 00 -4 750 00 TOTAL EXPENSES 7,165 67 23 430 00 -16 264 33 TOTAL INCOME/EXPENSE 51 077 94 -23 430 00 74,507 94 TRANSFERS FROM 1-90-01-10 Office Furniture FROM 1-90-01-15 Office Equipment FROM 1-90-01-20 Computers FROM 1-90-01-30 Video/Sound Equip FROM 1-90-01-31 Telephone Equip TOTAL TRANSFERS OVERALL TOTAL 0 00 0 00 0 00 0 00 0 00 0 00 -10,000 00 -10 000 00 -7 500 00 -1,000 00 0 00 10,000 00 10 000 00 7 500 00 1 000 00 0 00 -28 500 00 28 500 00 51,077 94 -51,930 00 103 007 94 Page5 VILLAGE OF KEY BISCAYNE 10/ 1/91 Through 11/30/91 All Accounts 12/ 3/91 Category Description 10/ 1/91 - 11/30/91 Actual Budget Diff INCOME/EXPENSE INCOME 5 -00 -00 -10 -UTILITY TAXES 5-00-00-15-CATV FRANCHISE FEES 5 -00 -00 -20 -COUNTY SUBSIDIZED REVENUE TOTAL INCOME 49 172 28 9,071 33 0 00 0 00 0 00 0 00 49 172 28 9,071 33 0 00 58,243 61 0 00 58 243 61 EXPENSES 6 -00 -90 -10 -INTEREST EXPENSE 0 00 0 00 0 00 6 -00 -90 -99 -EMERGENCY CONTINGENCY 0 00 0 00 0 00 6 -10 -10 -01 -SALARY -VILLAGE MANAGER 0 00 0 00 0 00 6 -10 -10 -02 -SALARY -VILLAGE CLERK 2 880 00 5,000 00 -2 120 00 6 -10 -10 -03 -SALARY -FINANCE DIR 0 00 0 00 0 00 6-10-10-09-SALARY-OTH ADM PERSONEL 0 00 0 00 0 00 6-10-11-01-PERSONEL EXP-VILLAGE MGR 0 00 0 00 0 00 6-10-11-02-PERSONEL EXP-VIL CLERK 0 00 3 200 00 -3 200 00 6 -10 -30 -01 -LEGAL EXPENSES 0 00 0 00 0 00 6 -10 -30 -02 -ACCOUNTING EXPENSE 0 00 0 00 0 00 6 -10 -40 -00 -TRAVEL 48 00 0 00 48 00 6 -10 -45 -00 -TRUSTEE EXPENSES 135 81 4 000 00 -3 864 19 6 -10 -50 -00 -UTILITIES 0 00 0 00 0 00 6 -10 -55 -00 -RENT 0 00 0 00 0 00 6 -10 -57 -00 -MAINTENANCE & REPAIRS 0 00 0 00 0 00 6 -10 -60 -00 -DUES & SUBSCRIPTIONS 0 00 0 00 0 00 6 -10 -65 -00 -ADVERTISING 849 00 0 00 849 00 6 -10 -70 -00 -POSTAGE 57 66 0 00 57 66 6 -10 -80 -01 -ADM -OFFICE SUPPLIES 614 28 1 000 00 -385 72 6 -10 -90 -01 -ORDINANCE CODIFICATION 0 00 0 00 0 00 6 -10 -90 -02 -MINUTES INDEXING 0 00 0 00 0 00 6-10-90-99-ADMIN CONTINGENCY 0 00 10,000 00 -10 000 00 6-20-20-00-PLAN/BLDG/ZONE CONSULTING 0 00 0 00 0 00 6 -20 -90 -10 -MASTER PLAN 0 00 0 00 0 00 6-20-90-99-PLN/BLDG/ZONE CONTINGENCY 403 00 0 00 403 00 6 -30 -20 -10 -CONTRACT ENGINEER 0 00 0 00 0 00 6 -30 -20 -20 -PUBLIC WORKS CONSULTING 0 00 0 00 0 00 6 -30 -90 -98 -PUBLIC WORKS PROJECTS 0 00 0 00 0 00 6 -30 -90 -99 -PUBLIC WORKS CONTINGENCY 0 00 0 00 0 00 6-40-90-01-CALUSA IMPROVEMENTS 0 00 0 00 0 00 6 -40 -90 -02 -PARKS OPERATIONS 0 00 0 00 0 00 6-40-90-03-SOCIAL/CULTURAL/EQUIP/PHY 0 00 0 00 0 00 6 -40 -90 -99 -PARKS & REC CONTINGENCY 0 00 0 00 0 00 6 -50 -35 -00 -INSURANCE 0 00 1,000 00 -1,000 00 6 -50 -90 -99 -RISK MGT CONTINGENCY 0 00 0 00 0 00 6-60-20-00-FIRE/RESCUE CONSULTING 0 00 0 00 0 00 6-60-90-99-FIRE/RESCUE CONTINGENCY 0 00 0 00 0 00 6 -70 -10 -00 -POLICE SALARIES OTHER 0 00 0 00 0 00 6 -70 -20 -00 -POLICE CONSULTING 0 00 0 00 0 00 6 -70 -90 -99 -POLICE CONTINGENCY 0 00 0 00 0 00 6 -90 -20 -00 -START UP PERSONEL SEARCH 0 00 0 00 0 00 6 -90 -90 -01 -START UP OFFICE SUPPLIES 60 26 2 500 00 -2 439 74 6 -90 -90 -98 -START UP MISC EXPENSES 2 117 66 2,500 00 -382 34 Page 6 VILLAGE OF KEY BISCAYNE 10/ 1/91 Through 11/30/91 All Accounts 12/ 3/91 Category Description 10/ 1/91 Actual Budget Diff 11/30/91 6 -90 -90 -99 -START UP CONTINGENCY TOTAL EXPENSES TOTAL INCOME/EXPENSE TRANSFERS FROM 1-90-01-10 FROM 1-90-01-15 FROM 1-90-01-20 FROM 1-90-01-30 FROM 1-90-01-31 TOTAL TRANSFERS 0 00 4 750 00 -4 750 00 7 165 67 33 950 00 -26 784 33 Office Furniture Office Equipment Computers Video/Sound Equip Telephone Equip 51 077 94 -33 950 00 85 027 94 0 00 0 00 0 00 0 00 0 00 0 00 -10 000 00 -10 000 00 -7 500 00 -1 000 00 0 00 10,000 00 10 000 00 7,500 00 1 000 00 0 00 -28 500 00 28 500 00 OVERALL TOTAL 51 077 94 -62 450 00 113,527 94