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Subject:
From:
David west <[log in to unmask]>
Reply To:
BP - "Magma Charta Erupts Weakly"
Date:
Sun, 26 Sep 1999 02:09:28 +0100
Content-Type:
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To take the response by Ilene one stage further ... if primary yellow and primary red are earthen tones, then according to Ilene's definition you should be able to produce them by crushing and drying an earth or clay sample.  Is this the challenge for the applicant here?

david

>>> Norm/Ilene Tyler <[log in to unmask]> 09/25/99 11:32am >>>
"Earth tone" corresponds to the meaning of earthen:  made of earth or of
baked clay.  Therefore, any of various earthen materials, or dirt,
heated to remove moisture; and their resultant color would be an "earth
tone."  N'est-ce pas?

Ilene

Dan Becker wrote:
>
> Here's a Q for you....  I'm also going to post this to the folks in the
> auditorium listening to the lecture over on P-L .  The contest is to see
> who comes up with the best answer for me to use first...them focused
> folks, or the garrulous individuals carrying on out in the lobby.
>
> The guidelines for our Moore Square Historic District (a largely
> commercial district, early 20th century) call for "earth tone" colors.
>  The guidelines note that earth tones in the natural colors of unpainted
> brick and stone surfaces are the predominant colors expressing the
> historic character of the area; further, that "wood trim pieces should be
> painted colors which harmonize with these natural earth tones."  We had
> someone paint a storefront primary yellow and primary red without a
> Certificate of Appropriateness.  These colors are not earth tones in the
> generally accepted understanding as recognized in historic architectural
> terms, however neither the guidelines nor the ordinance define "earth
> tone" any further than what is noted above.  It's sort of like the courts'
> view of pornography:  I know it when I see it.
>
> The applicant presented a definition drawn from an art text: In _A Manual
> of Painting Materials and Techniques_, earth tones are defined as:
>  "?colored by iron, but also by other metals, which are mined, washed,
> pulverized, and sometimes heated to produce different hues.  They are
> characterized by low chroma, low to moderate tinctural tinting strength,
> varying value ranges, and hues ranging from yellow to red, with some very
> dull red-purples and greens.  Natural deposits of white chalk can also be
> used as earths."
>
> Nobody is biting on this definition, especially since the colors used are
> neither "low chroma" or "low to moderate tinctural tinting strength," but
> I am seeking a definition that will better support the committee should it
> decide to deny the application.  I turn to you for assistance.
>
> The city code provides a hierarchy for establishing the meaning of
> provisions in the zoning code when they are not specifically defined by
> the code:
> 1) definition in an ordinary dictionary;
> 2) ordinance statements of purpose and intent, or reports and studies
> adopted or referred to in the ordinance;
> 3) minutes of discussions of legislative or advisory bodies considering
> adoption of the provision in question;
> 4) definitions of similar terms contained in federal and state statutes
> and regulations;
> 5) ordinary rules of grammar.
>
> Nothing is to be had in numbers 2, 3, or 5.  The dictionaries here at city
> hall are silent on the term "earth tone."  I am looking for a definition
> from category number 1, or number 4.  Anybody in possession of an ultra
> ordinary dictionary?  How about a federal code definition?  In the event
> of a tie, the first answer received is the winner.  However, a later
> answer higher in the hierarchy will be declared the winner, since it is
> more legally useful to me.
>
> Winner will receive a BP T-shirt funded by me, unless they are all sold
> out.  In that case, the winner will receive my grateful thanks.
> _____________________________________________________
> Dan Becker,  Executive Director            "What's this? Fan mail
> Raleigh Historic                                     from some flounder?"
> Districts Commission                             - Bullwinkle J. Moose
> [log in to unmask]

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