Planning Board Staff Report



Miami Shores Village Town Hall  Council Chambers  10050 NE 2nd Avenue  Miami Shores

Hearing Date

September 23, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



Ricardo Sandoval




Danny Arguelles

Property Address

610 NE 105th Street

Legal Description

GOLF VIEW EST CORR PL PB 41-58 LOT 18 LOT SIZE IRREGULAR OR 16694-3908 0295 1 OR 16694-3908 0295 00

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency


Existing Structure

1-story; 4 bed/5 bath

Year Built




Errors and Variances, Sec. 701 Appeal on allegation of error:  Sec. 523.1 Construction

Special Approvals, Sec. 600:

Sec. 523. Quality of buildings generally.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Department of Health or DERM

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

September 8, 2010





The applicant has appealed the decision of the Planning Director denying a building permit for a new roof.


The applicant proposed to construct a roof that is a combination of clay cap tiles with a metal pan.


Cuban roof tile systems typically have a clay cap tile and clay pan tile.  The pan tile is the under tile forming a U that the clay cap tile is set in.





The zoning code states:


Sec. 523.1.  Construction.


All roofs with inclines of not less than two and one-half inches per foot and all mansard fascias shall be of the following materials:

(1)   Clay tile;

(2)   White concrete tile;

(3)   Solid colored cement tile which color is impregnated with the same color intensity throughout;

(4)   Thick butt variegated slate;


The proposed roof is a combination of clay tile with a metal pan and metal is not listed as a permitted material in the Miami Shores Village Code of Ordinances Section 523.1.


The proposal is not consistent with the technical provisions of the Zoning Code as noted.


The applicant has responded in the application stating why they believe their appeal should be upheld.


The zoning code states:


Sec. 701.  Appeal on allegation of error.

Any interested person may appeal to the planning board from any decision, order or determination by the building inspector or any other administrative officer (whether such action was affirmative, negative or conditional), alleging that such action was in error for specifically stated reasons. After notice to the parties in interest, as prescribed in its rules, the planning board shall decide whether or not the action appealed from was in error and may confirm, reverse or modify the same accordingly, stating its reasons therefor, but may not vary the application of any provision of this ordinance.


Staff asks that the board confirm the decision of the Planning Director for the reason stated.


If the Planning Board decides  “to reverse or modify” the decision of the Planning Director, the Planning Board shall state the relief granted and provide the reasons or basis for the decision.





Planning and Zoning staff recommend DENIAL of the appeal with a finding that the applicant has not provided sufficient specifically stated reasons to support a decision of error on the part of village staff under Section 701 of the Code.  However, if the Planning Board finds that the applicant has proven the action of village staff was in error, the Board may confirm, reverse or modify the same accordingly, stating its reasons therefor, but may not vary the application of any provision of this ordinance.   If the Board votes to Approve the application, staff recommends the following conditions:


1)      Applicant to obtain all required building permits before beginning work.

2)      Applicant to meet all applicable code provisions at the time of permitting.

3)      This zoning permit will lapse and become invalid unless the work for which it was approved is started within one (1) year of the signing of the development order by the board chair, or if the work authorized by it is suspended or abandoned for a period of at least one (1) year.