HomeMy WebLinkAboutSubmittal-James Mahaffey-Request for James MahaffeySubmitted into the public
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on 7-28-2022 , City Clerk
PERRY & NEBLETT
Professional Association of Attorneys at Law and Admiralty
James H. Perry, II, P.A.
David Avellar Neblett, P.A. ;t
James M. Mahaffey III, Esq.
Jack A. Wynn, Esq. o
Melissa Palau, Esq.
Uxsunn Ramirez, Esq.
Thomas P. Campbell, Esq.
Brittany DeKine, Esq.*
Nicolas A. Yoda, Esq.
Terry Levy, CP, FRP **
Sent via U.S mail and email:
Victoria Mendez
Office of the City Attorney
444 SW 2nd Avenue, Suite 952
Miami, Florida 33130
2550 South Bayshore Drive
Suite 211, Monty's in the Grove
Miami, Florida 33133
www.PerryNeblett.com
March 21, 2022
Tel: 305-856-8408
Fax: 305-967-8182
Direct: 305-456-0445
I Board Certified in Admiralty and Maritime Law
*Also admitted to practice in Texas & Louisiana
* Also admitted to practice in Maryland & D.C.
** Florida Certified and Registered Paralegal
(9 Also admitted to practice in Ohio
Re: Request for Party Intervenor Status for James M. Mahaffey III
Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72
Street, Miami, Florida (10905)
Dear Ms. Mendez,
Pursuant to Miami Code of Ordinances, Chapter 23, I seek your determination that I be
accorded party intervenor status.
I have an interest in the application which is different than the public at large as follows:
1. My wife and I own and live with our family on the property located at 920 NE 71 Street,
Miami, FL 33138, which falls within 500' of the site that is the subject of the application
for a Special Certificate of Appropriateness.
2. My property is directly adjacent to Baywood Park, which is directly to the south of the
development.
3. The impact of the applicant's requested revisions to the historic platting and the requested
alterations of the historic Principal Fronts of the subject lots significantly affects my
interests as the new construction requested by the applicant will drastically alter the historic
character of the Bayside Historic District and will lead to potentially severe flooding issues
in Baywood Park and the surrounding homes.
4. The Bayside Historic District was designated in 1991 and is "significant in the historical,
cultural, and architectural heritage of the City of Miami." Bayside Historical Designation
Report, p. 8.
Miami ♦ 2550 South Bayshore Drive, Suite 211 ♦ Miami, FL. 33133
Fort Lauderdale ♦ 1650 SE 17 Street, #200 ♦ Fort Lauderdale, FL. 33316
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5. The Bayside Historic District is historically platted and laid out in a design that the
Principal Fronts address the streets, with the requisite 20 ft. setback, allowing cross -street
neighbors to exit their front doors and be greeted by the home across the street.
6. The applicant's request to revise the historical platting combined with the extreme height
disparity and massing disparity of the new construction as proposed significantly impacts
the historic character of our neighborhood.
7. The applicant intends to increase the height of its seawall along the two lots without
addressing the seawall to the north of the properties (at the end of NE 72 Street) or to the
south (in Baywood Park).
8. Baywood Park is already prone to significant flooding during storms as well as during king
tides.
9. My property is often under water during king tides as a result of the flooding that comes
from Baywood Park, which has an area of mangrove without a seawall that allows
substantial seawater to flood into Baywood Park and the surrounding areas.
10. My property was under nearly 3 feet of water during Hurricane Irma.
11. Many neighbors flooded during Hurricane Irma, especially those near the applicant's lots
which is near where Little River meets the Bay.
12. The applicant has not provided any information as to the potential effect of the increased
height of its seawall on the flooding issues in our neighborhood.
13. Research shows that when the seawall is raised in one place, the surrounding areas that are
not raised will be subject to increased flooding. M. Hummel et al., Economic Evaluation
of Sea -Level Rise Adaptation Strongly Influenced by Hydrodynamic Feedbacks, Proc.
Natl. Acad. Sci. U.S.A., Vol. 118 No. 29 e2025961118 (2021).
14. This development will affect me and my family to an extent that is different than the public
at large. Increased flooding, traffic, noise, dust, and other impacts caused by development
or change of use on a property within 500' of my home are impacts that are not necessarily
shared with the community at large.
15. The Florida Supreme Court in its evaluation of an individual's standing to challenge zoning
decisions stated: "An individual having standing must have a definite interest exceeding
the general interest in community good share in common with all citizens." Renard v. Dade
0 Copp , 261 So.2d 832, 837 (Fla. 1972). The regulation under which we seek intervenor
J M Cr status is very similar to this state court standing rule. Whether an individual has standing
Q is based on "factors such as the proximity of his property to the property to be zoned or
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0 o a rezoned, the character of the neighborhood . . . and the type of change proposed are
rN + ? considerations. The fact that a person is among those entitled to receive notice under the
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proposed zoning action." Id.
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16. I meet the Renard standing requirements to challenge the applicant's appeal to the City
Commission regarding this historical and zoning matter. I own and live on a property
within 500' of the application site. I seek to intervene to show the City Commission in its
consideration of the appeal that the developer has not considered the extremely important
flooding issue for our neighborhood, especially for those properties surrounding Baywood
Park and Little River as a result of the new development's higher seawall.
17. I also wish to show the City Commission that the development will drastically alter the
character of this historic residential community due to the applicant's disregard for the
historic characteristics of Bayside Historic District, including disparities in massing and
height, architecture, intensity of use, and other impacts that will result from the proposed
use and site plan. Therefore, my interest exceeds the general interest of the community at
large.
18. I am an aggrieved or adversely affected person because I am a property owner within 500'
of the development with a recognized, legitimate, and protected property interest in
protecting our neighborhood from worsened flooding issues and in preserving the character
of my historic neighborhood against non -compatible development decisions of local
government. Friedland v. Hollywood, 130 So.2d 306, 309 (Fla. 2d DCA 1961), Paragon
Group, Inc. v. Hoeksema, 475 So.2d 244, 246 (Fla. 2d DCA 1985). This interest is shared
only with my neighbors within the area of the property at issue and not with citizens in
other areas of the city.
19. I have the requisite standing to appeal to Circuit Court via a Writ of Certiorari (as set forth
above) a City Commission zoning decision regarding an abutting or nearby property, and
I must be granted intervenor status to be able to fully present my case to the City
Commission for why the HEPB denial of the applicant's Special Certificate of Appropriate
was correct and why the applicant's appeal must be rejected.
Therefore, I request that you allow me to intervene in the referenced matter as a Party
Intervenor.
If you have any questions regarding this request, I will make myself available at your
convenience.
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Best Regards,
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