130 NE 98 St (11)Planning & Zoning Meeting - 5 - August 19, 1999
ITEM #11 REQUEST FOR APPROVAL OF APPEAL TO BUILDING
OFFICIAL'S DECISION REGARDING EXTERIOR PAINT
COLOR.
Mr. William Martinez 130 NE 98 Street
Mr. LuBien stated that the presented color was too deep and should be
lighter because of the unique design of the home. Mr. Martinez, the home
owner, was not able to produce a color photograph of the residence and upon
further discussion, Mr. Fernandez moved to affirm the decision of the
Building Official with the recommendation to the Code Enforcement Board
to stop the rolling fine against the resident. Mr. Sturman seconded the
motion and the vote was unanimous in favor.
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F L O R 1 O A
PLANNING BOARD AGENDA OF August 19, 1999 ITEM NO. 11
Name of Owner /Applicant Maria T. Grosso Phone No 759 - 2111
Name of Architect/Contractor Phone No.
Address of Property, and/or Legal Description 130 NE 98 Street
Nature of Request Approval of appeal to Building Official's decision regarding
exterior color.
Present Zoning R - 20
Area of Present Building
Area of Proposed Addition
Total Area
Parking Spaces Provided
Parking Spaces Required with Addition
Setbacks as per Code : Front Side Rear
Setbacks Provided : Front Side Rear
Variances/Zoning Change None
Council Action Required
Planning Board Action REQUEST DENIED 8/19/99
Council Action
Director of Building and Zoning
Section 523. [Quality of buildings generally.]
All buildings shall be generally harmonious in character and
appearance, including exterior color, with existing buildings in
the neighborhood and shall be appropriate to their surroundings.
In the event that an application is made for a building permit for
the construction of a building, .or the performance of work on an
existing building, that, prima facie, would be inharmonious or
inappropriate in the manner indicated above, such permit shall
not be issued except on recommendation by the planning board
and approval by the village council, as provided in Article VI.
(Ord. No. 503, § 2, 1 -6-87)
• MARIA T. GROSSO
July 16, 1999
President of the Code Committee
Miami Shores Village.
Ref: Color Approval
Dear Committee.
We have lived in Miami Shores for the last 22 years. we like this community very much. We believe that
Miami Shores is a community of equal rights and opportunity for every Tax payer and voter like we are. This is the
reason that we are writing this letter and this proposition because we do not think that it is right that some
residents receive different treatment and some other residents like us aren't given same rights. Wc have searched
many Miami Shores Streets and we had taken pictures of homes which their color has been approved by the same
Committee. Those colors which (' ?) we have pictures of, don't appear on Mr. Luvian chart. The colors on the chart
are approved by the Committe '? If so, why are those colors allowed and mine isn't.
Our intention is to get the same treatment and consideration that those people are getting as Tax Payers
and Voters. We like this color very much and we look forward for your approval and consideration to our petition
Maria T. Grosso
130 N.E 98TH ST.
Miami Shores Fl 33138
(305)759 -2111
Upon a determination by a Miami Shores Village Building Official that a proposed exterior
paint color for a home is inharmonious or inappropriate within the meaning of Section 523 of the
Miami Shores Village Code, no building permit may be issued for such work except upon the
recommendation by the Miami Shores Village Planning and Zoning Board. The members of this
Board are Village residents who serve without compensation and the Board, among other things,
has the duty to enforce the provisions of the Village Zoning Ordinances for the benefit of the
Village at large and all of its residents.
In the vast majority of cases the homeowner and the Building Official are able to agree on
an acceptable color so that appeals should rarely be necessary. However, when an appeal from
the decision of the Building Official is brought before the Planning and Zoning Board the burden
is upon the applicant to convince the Board that the determination of the Building Official was
erroneous. In this regard, the Board, by unanimous vote, has established certain guidelines as to
the type of evidence the Board would want to see from any such applicant in connection with such
an appeal. This evidence includes:
1. Color photographs of the entire exterior of the subject property.
2. Color photographs of all properties surrounding the subject property.
3. Any additional color photographs sufficient to show the neighborhood setting of
the subject property.
4. A paint sample of all colors associated with the appeal and their intended
application to the subject premises.
5. A short and plain statement of the grounds for the appeal.
While there is no forma requirement for the submission of this type of evidence, the Board
may, in any given case, consider the absence of sufficient evidence in support of the appeal to be
an adequate basis for the denial of the appeal.
Please sign a copy of this Notice in the space provided below to confirm that you have
received a copy of this notice.
H: MSV\MSV- GEN\MEMOSlguidelines for appeals re paint colors
MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD
GUIDELINES FOR APPEALS OF
BUILDING OFFICIALS DETERMINATION
REGARDING PAINT COLORS
DATE: 7 // ,