04-02-1981 Regular MeetingMIAMI SHORES VILLAGE
CODE ENFORCEMENT BOARD MEETING
April 2, 1981
A meeting of the Code Enforcement Board was held on April
2, 1981, 7:30 p.m., at the Village Hall, with the following Board
members present:
Franklin E. Grau, Chairman
Donald L. Bednar
Eugene F. Fabian
Edward Schraub
W. Al Davis
(There exists one vacancy on Board)
MINUTES.
Minutes of the meeting of March 5, 1981, were approved as
written by motion made by Mr. Bednar, seconded by Mr. Schraub
and carried unanimously.
ZONING VIOLATIONS FOR REVIEW:
(1) Elsie Baioff, 336 N. E.98th St.
Renting rooms, Case No. 81-000-004.
After a review of this case Mr. Davis moved that
the Board proceed with this case. The motion was
seconded by Mr. Bednar and passed unanimously with
the following vote:
Mr. Fabian Yes
Mr. Schraub Yes
Mr. Grau Yes
Mr. Bednar Yes
Mr. Davis Yes
(2) Anthony DeLucca, 10115 Biscayne Blvd.
Construction of walls & fences in excess of height
limitation without plans or permit; allowing hedges
to grow in excess of height limitation. Case No. 81-178-005.
Following a review of this case Mr. Davis moved that
the Board proceed with this case. The motion was
seconded by Mr. Fabian and carried unanimously as
follows:
Mr. Fabian Yes
Mr. Schraub Yes
Mr. Grau Yes
Mr. Bednar Yes
Mr. Davis Yes
• CASE HEARINGS:
•
•
4/2/81
(1) Constantine Michael, 319 Grand Concourse,
Storing motor home improperly, Case No. 81-296-001.
Mr. Michael explained to the Board that this
motor home belonged to his son and they had been
looking after it. However, it has now been
removed from the Village.
Mr. Fabian moved that the case be withdrawn.
The motion was seconded by Mr. Davis. Mr. Bednar
offered an amendment to the motion adding, that
the motor home will not be returned to Miami
Shores. This was accepted and the amended
motion was carried unanimously as follows:
Mr. Fabian Yes
Mr. Schraub Yes
Mr. Grau Yes
Mr. Bednar Yes
Mr. Davis Yes
(2) Robert Baron, 468 N. E. 100th Street.
Installation of fence in excess of height limitation
without a permit, Case No. 81-173-002
Mr. Lubien reported that the fence height is in
violation and there is no offset for garbage cans.
Mr. Baron stated that he has an area outside his
wall for trash, that the peculiar location of his
property warranted the higher fence and that there are
many other fences in violation besides his. Mr.
Baron further argued that this was selective enforce-
ment and he felt' hie -particular case warranted a
variance.
Mr. LuBien advised the Board that Mr. Baron's request
for a variance had been denied by both the Plarhning
Board and Council.
Mr. Davis moved that Mr. Baron comply with the Code
of Miami Shores, that the fence be reduced in height
to meet the Code within 60 days or a $5.00 a day fine
will be levied until the fence is in compliance.
Mr. Baron indicated that he does not intend to comply.
The motion was seconded by Mr. Fabian and carried
unanimously as follows:
Mr. Fabian Yes
Mr. Schraub Yes
Mr. Grau Yes
Mr. Bednar Yes
Mr. Davis Yes
Mr. Baron was advised that an appeal may be made with
•
•
•
-3-
the Circuit Court within 30 days.
(3)
4/2/81
Robert J. Iozia, 440 N. E. 91st St.
Installation of unacceptable roof (fiberglass
asbestos shingles) without a permit, Case No. 81-183-003.
Mr. LuBien reported on this case with regard to
removal of a tile roof and installing an asbestos
shingle roof without permit. Mr. Wallace Garrick,
attorney for Mr. Iozia, argued for a continuance
in order to get an engineer's report to verify that
the roof will not support tile, that a variance
should be granted, and that he thought the ordinance
was unconstitutional. Mr. LuBien stated that the
Village Attorney has advised that there is no way
that a variance can be granted. Mr. Davis pointed
out that the original roof had been tile which the
house had been built for. A motion for a continuance
was withdrawn when Mr. Schraub made a new motion that
Mr. Iozia be found in non-compliance with the Code
and that he be given 30 days to negotiate a roof
contract with the work to start within 40 days or a
$10.00 a day fine be imposed. The motion was seconded
by Mr. Fabian and carried unanimously as follows:
Mr. Fabian Yes
Mr. Schraub Yes
Mr. Grau Yes
Mr. Bednar Yes
Mr. Davis Yes
Because this case had never been before the Planning
Board Mr. Iozia's attorney stated they would take it
to the Planning Board to exhaust all administrative
remedy prior to legal action.
The next meeting will be on Thursday, May 7, 1981.
The meeting adjourned at 9:35 p.m.
Approve