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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.