HomeMy Public PortalAbout1989-03-21 Regular Meeting24-1-
COUNCIL MINUTES
MARCH 21, 1989 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village Council
was held on Tuesday March 21, 1989 in the Village Hall. The
Meeting was called to order at 9:30 a.m. by Mayor Richard H.
Olsen and the roll was called. Those present were:
Mayor Richard H. Olsen
Asst. Mayor Estelle Stern
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplin
Also Present: Richard J. Weiss, Village Attorney
Carole Sw Morris, Village Manager
Marilyn P. Kreger, Village Clerk
Having a quorum present, Mayor Olsen called the first item.
2. Approval of Minutes: February 21, 1989 Regular Meeting.
C/M Boggess moved and C/M Taplin seconded a motion to approve the
minutes without reading in full.
Vote Taken: All Voted Aye
4. Public Hearing: Vincent Santucci Variance Request for
encroachment into waterfront setback.
George Desharnais, building official, presented this item by
saying that this is the second variance request brought in by Mr.
Santucci. The first request was for a 12 foot encroachment into
the setback which was denied. He has come back with a request
for a 10 foot encroachment in order to enlarge a room in his
house. Mr. Desharnais stated that he has not changed his opinion
since the first request. He is opposed to changing setbacks. If
approved, this request would set a precedent for others to come
in with the same request. The intent of the 40 foot setback on
the water is to protect the integrity of the seawall as well as
insuring open space for aesthetic purposes. This results in the
higher property values enjoyed by the residents of the Village.
Mr. Desharnais also indicated that he has another concern. The
Code requires that property be maintained with a 60% open space
to 40% covered area ratio. He was concerned that, if granted,
this variance would violate that Code provision. He further
stated that this is spot zoning and eventually Bal Harbour would
take on the appearance of some of its neighbors.
C/M Blank stated that Bal Harbour has high property values
because of the Bal Harbour Shops, not because of open space.
He then questioned the authority of the Architectural Review
Board in rendering a recommendation on this item. His research
219
indicates that the appointments of at least two of its members
have expired, so their action is not valid.
The Village Manager reviewed the role of the Beautification
Committee in conjunction with the Architectural Review Board as
to which board is more appropriate in reviewing such matters.
C/M Blank addressed the comment of the Architectural Review Board
which mandated that a variance should be granted only in an
extreme and unusual hardship. He did not view the Kovens
variances as extreme and unusual hardship. C/M Blank also
questioned why the Architectural Review Board was called to
action in this particular case and not others.
Mayor Olsen reminded C/M Blank that in the case of the pool on
the roof of the Bal Harbour Tower, no variance was needed. And
with regard to the additional story of the penthouse, the
precedent had already been set by several other buildings along
the beachfront.
C/M Blank stated that this request is only for an additional 10
feet and will not spoil the appearance of the property or others
along the water, that one would not be able to tell if there is a
40 foot setback or 30 foot setback. C/M Blank also questioned
why the request is for the front setback and not the rear. That
the front of the homes face the street.
C/M Taplin stated that once a precedent is set, every property
owner who wished to reconstruct or remodel a home would want a
variance to enlarge the home.
Discussion was held as to why the Architectural Review Board has
not been called in for previous variance requests. Mrs. Morris,
Village Manager, stated that the board is a valuable asset for
Council in its considerations. She said the board only meets
when needed and, in the past, it would have been easy to forget
to call a meeting.
Vincent Santucci, applicant, was recognized to present his
position. He said at the time he first came in with the request,
he talked with the building official who told him there would be
no problem, so he filed the application. Then as time drew
closer to the hearing, problems came up regarding tiebacks, etc.
He said the structural engineer, Stan Weeks, opined that a pool
is more detrimental to the stability of the tiebacks and seawall
than a structure addition. He couldn't understand why the
building official changed his mind.
Mr. Santucci stated that his original request was for a 12 foot
variance, he subsequently amended it to 10 feet. It demonstrates
not interference with his neighbors' property. Mr. Santucci
addressed Council's attention to a letter from Scott Arnold,
Reg. Council Mtg. 3/21/89 2.
221
architect, who stated that support for the proposed addition
could easily be obtained by using pipe piling spaced in between
the existing tiebacks. He believes he has a valid hardship
because the house is 35 years old and cannot easily accommodate
overnight guests (circulated pictures of steps he has to take to
convert the room for sleeping). He further feels the addition
would increase the property values and result in higher taxes.
The Village Manager stated that the tieback issue should be
removed and Council should focus on the encroachment in the
setback.
C/M Taplin stated that there is nothing personal in his opinion,
however, he could not approve this request. If this variance is
granted, Council should -consider changing the setback requirement
to 30 feet. 4
C/M Boggess said he was the sponsor of the legislation that
permits pools in the setback. After further consideration, he
feels that is detrimental.
Mayor Olsen stated that when he was building his house, he wanted
to reduce the waterfront setback, but when he approached Village
officials, he was told he couldn't. Without a precedent having
been set, he didn't think a request would be successful so he
forgot about it.
Mr. Santucci stated that he feels that swimming pools are closer
to the seawalls and; therefore, more detrimental.
C/M Blank moved to approve the request for variance for a 10 foot
encroachment into the setback. Asst. Mayor Stern seconded the
motion with specific criteria as stated in the Code.
Vote Taken: Aye - Blank, Stern
Nay - Boggess, Taplin, Olsen (Motion defeated 3/2)
C/M Boggess moved and C/M Taplin seconded a motion to deny the
request.
Vote Taken: Aye - Boggess, Taplin, Olsen
Nay - Blank, Stern (Motion passed 3/2)
5. Ordinances - Second Reading.
A. Amendment to Chapter 15 of the Code, limiting the size
and placement of signs and address markers in the single
family residential area.
Richard Weiss, Village Attorney, pointed out that the ordinance
has been changed to reflect Council action at the first reading
Reg. Council Mtg. 3/21/89 3.
227
to increase the distance from the ground from 30 inches to 42
inches.
Mrs. Morris, Village Manager, stated that the ordinance was
submitted to the Civic Association for review. While the
Association did not review, Dr. Hirschl, President, said his
personal opinion is that the signs should not be further than one
foot from the building. Council may wish to table second
reading until the Civic Association reviews the ordinance.
C/M Boggess said he can see no problem with the ordinance, it
doesn't infringe on anyone's rights and it is very restrictive.
C/M Boggess moved and C/M Taplin seconded a motion to adopt this
ordinance on second and -final reading.
Vote Taken: All Voted Aye
Ordinance No. 328 Passed
5. B. Ordinance amending Appendix A, Section 6-9(a)(9) of
the Code to include florists as a convenience establishment
in the oceanfront zoning district.
The council agreed this would be a desirable addition to the
oceanfront zoning district. Asst. Mayor Stern moved and C/M
Taplin seconded a motion to approve this ordinance on second and
final reading.
Vote Taken: All Voted Aye
6. Ordinances - First Reading
Ordinance No. 329 Passed
A. An Ordinance Prohibiting the use of bicycles, tricycles,
and mopeds or other motorized vehicles on jogging paths;
providing for severability; inclusion in the Code and an
effective date.
Mr. Feldman, resident of the Balmoral, indicated that he would
like to see the ordinance written so that such vehicles would not
be permitted on the sidewalks along Collins Avenue.
Mayor Olsen stated that the ordinance can be approved on first
reading with amendments to follow at the second reading, after
research is done regarding Mr. Feldman's comment.
Mr. Bob Maute stated that state law specifically allows bicycles
to be ridden on sidewalks, and a municipality may not supercede
that.
C/M Taplin moved and C/M Boggess seconded a motion to approve the
ordinance on first reading.
Reg. Council Mtg. 3/21/89 4.
229
Vote Taken: All Voted Aye
B. An Ordinance of Bal Harbour Village amending Section 5-8
(f) of the Bal Harbour Village Zoning Code; permitting low -
growth landscaping within easement areas of residential
subdivisions; limiting liability of Bal Harbour Village for
damage and restoration of low -growth landscaping such
easement areas; providing for severability; inclusion in the
Code and an effective date..
The Village Manager introduced this item by saying that residents
have done extensive planting in the easements which may be needed
by the utility companies at any time. This ordinance would
protect the Village from liability of restoration costs should it
be found necessary to go into the easement.
C/M Boggess questioned the wisdom of this ordinance, he could
foresee problems as a result.
Richard Weiss, Village Attorney, advised that a hold harmless
agreement should be required in the ordinance to be secured from
the homeowner to protect the Village. He also suggested that
landscape plans be submitted prior to any work being done.
C/M Blank moved and C/M Taplin seconded a motion to approve this
ordinance on first reading.
Vote Taken: All Voted Aye
7. Resolutions.
A Resolution of Bal Harbour Village, Florida authorizing the
Village Manager to execute the "Interlocal Agreement for
Joint Solid Waste Management Grant Application"; Providing
an effective date.
Carole Morris, Village Manager, introduced this item by saying
that the Resolution gives the authority to join with the county
to obtain grant money for the solid waste recycling program
mandated by the state. She added that no matching funds are
required.
C/M Taplin asked what the money would be used for, if any
equipment will be needed.
Mrs. Morris said that recycling centers will be set up where the
solid waste would be collected. The waste will all have to be
separated - paper from glass from aluminum, etc.
Reg. Council Mtg. 3/21/89 5.
231
Asst. Mayor Stern moved and C/M
approve this resolution.
Vote Taken: All Voted Aye
8. Reports and Recommendations.
Taplin seconded a motion to
A. Mayor and Council
C/M Boggess questioned the wisdom of allowing pools in the
setback. He requested staff to prepare a report for the next
meeting.
C/M Taplin asked the Village Manager the status of the beach
renourishment project.- She responded that the Village is
experiencing difficulty because there isn't enough public access
based on the state criteria. They require access every 1/2 mile.
Bal Harbour has access at the Harbour House and at 96th Street
which is .85 mile. C/M Taplin reviewed the history of the
dedication of land by the Harbour House several years ago for
public access to the beach.
Mrs. Morris emphasized that there is limited opportunity and the
issue needs to be resolved as soon as possible. She will be
attending a meeting with other agency officials to present the
Village's position because the Village is built out, there is no
land available for additional access and no parking. C/M Taplin
offered to attend the meeting with her.
B. Village Attorney
Richard Weiss reported that a claim has been filed against the
Village by a photographer who is claiming the Village used her
photographs without permission.
C. Village Manager
1. Recodification - Mrs. Morris explained to Council that the
Code is in need of being recodified. There are provisions that
need to be updated, the form needs to be revised, etc. Municipal
Code Corporation who does the Code supplements has presented a
proposal for the work which is $9500.00. She stated that this
item is not in the current year budget; however, they will work
with the Village in spreading the payments over two fiscal years.
The Council members agreed that this work is long overdue and so
Asst. Mayor Stern moved and C/M Blank seconded a motion to
authorize the Village Manager to negotiate a recodification
contract with Municipal Code Corporation.
Vote Taken: All Voted Aye
2. Harland Bartholomew Zoning Amendments - The Village Manager
reviewed the history of this item. Previously, Council decided
Reg. Council Mtg. 3/21/89 6.
235
that consideration of these zoning amendments should be postponed
until after the Bal Harbour Tower had been topped off. Staff has
reviewed the proposal and made recommendations, pursuant to
Council directive at the February meeting. All other recommended
zoning changes are included as well. Mrs. Morris recommended a
Special Meeting be set for March 30 and April 13 at 5:15 to
consider these changes. The beautification committee also has
encouraged adoption of an ordinance establishing criteria for
exterior paint colors and minimum landscape requirements for
which an additional meeting can be set. The Council felt the
dates suggested by the Manager were too soon and wanted a
workshop set to discuss all options.
C/M Taplin felt an architect should be present for professional
advise. A date was set -for April 13th at 4:00 P.M.. Mrs. Morris
said she would get cost estimates to bring Harland .Bartholomew to
Bal Harbour for the meeting.
3. Lighting/Jogging Path - Pursuant to request of Council, Mrs.
Morris obtained a cost estimate to light the jogging path on the
beach. It would cost approximately $240,000.00 for this project.
The consensus of opinion was that it was too costly and the
project was dropped.
4. Police Department Renovation - Mrs. Morris reported the
Police Department has had a shortage of space for a long time.
There are not adequate safeguards to protect the public coming
into Village Hall from prisoners brought in who may try to break
away and injure an innocent bystander. The Village advertised
for proposals for a space planner with three proposals being
submitted. It is staff's recommendation that Council accept the
proposal from Seckinger Arango Architect at a cost of $4800 to
$6500 to include preparation of floor plans and construction
documents.
C/M Blank moved and Asst. Mayor Stern seconded a motion to accept
this proposal.
Vote Taken: All Voted Aye
9. Other Business.
Mr. Bob Maute spoke against the sewer rate. Mayor Olsen advised
Mr. Maute that it would be appropriate to make an appointment
with the Village Manager to discuss the matter.
10. Adjourn - There being no further business, Asst. Mayor Stern
moved and C/M Blank seconded a motion to adjourn at 11:10 A.M.
Attest: /
Village Cler �V
Mayo
Reg Council Mtg. 3/21/89 7.