HomeMy WebLinkAboutSubmittal-James Mahaffey-Request for Nicole LebrisSubmitted into the public
record for item(s) PZ.1
PERRY & NEBLETT on 7-28-2022 .City Clerk
Professional Association of Attorneys at Law and Admiralty
James H. Perry, II, P.A.
David Avellar Neblett, P.A. I
James M. Mahaffey III, Esq.
Jack A. Wynn, Esq. o
Melissa Palau, Esq.
Uxsunn Ramirez, Esq.
Brittany DeKine, 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
July 27, 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
OO Also admitted to practice in Ohio
Re: Request for Party Intervenor Status for Nicole Lebris
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, 1 seek your determination that my
client, Nicole Lebris, be accorded parry intervenor status.
Ms. Lebris has an interest in the application which is different than the public at large as
follows:
1. Ms. Lebris owns and lives on the property located at 965 NE 72 Street, Miami, FL 33138,
a few houses west of the site that is the subject of the application for a Special Certificate
of Appropriateness.
2. Ms. Lebris' property is on the north -side of NE 72 Street, catty -cornered to the applicant's
property located at 1000 NE 72 Street.
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 Ms.
Lebris' interests as the new home at 1000 NE 72 Street, directly catty -cornered to her
property, will drastically alter the historic character and feel of the Bayside Historic District
in direct relation to Ms. Lebris' home where she is raising her family.
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
a qay Sjbm;r - J_ James
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 and move the historical Principal
Front of 1000 NE 72 Street away from NE 72 Street, combined with the extreme height
disparity of the new construction as proposed, confronts Ms. Lebris with extremely tall
homes that are incongruent with the neighborhood as she walks out of her front door.
7. The applicant's requested revisions to the historical platting and lay -out of these properties
as well as the alteration of the historical Principal Fronts significantly impact Ms. Lebris.
8. She will be confronted with extremely large homes just across from her home which sits
well inside the 20 ft. setback for the historic Principal Front of 1000 NE 72 Street.
9. Additionally, this development will affect Ms. Lebris and her young daughters to an extent
that is different than the public at large. Increased traffic, noise, dust, and other impacts
caused by development or change of use on an adjoining property are impacts that are not
necessarily shared with the community at large.
10. 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
County, 261 So.2d 832, 837 (Fla. 1972). The regulation under which we seek intervenor
status is very similar to this state court standing rule. Whether an individual has standing
is based on "factors such as the proximity of his property to the property to be zoned or
rezoned, the character of the neighborhood . . . and the type of change proposed are
considerations. The fact that a person is among those entitled to receive notice under the
zoning ordinance is a factor to be considered on the question of standing to challenge the
proposed zoning action." Id.
11. Ms. Lebris meets the Renard standing requirements to challenge the applicant's appeal to
the City Commission regarding this historical and zoning matter. She owns and lives on a
property catty -cornered from the application site. She seeks intervention to show the City
Commission in its consideration of the appeal that the character of this historic residential
0 N community will be negatively affected by the applicant's disregard for the historic
J s characteristics of Bayside Historic District, including disparities in massing and height,
% h architecture, potential flooding issues to the neighboring properties due to the increased
0 o Q height of the seawall on the applicant's property while leaving the neighborhood's existing
seawalls at the current height, intensity of use, and other impacts that will result from the
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3 0 proposed use and site plan. Therefore, her interest exceeds the general interest of the
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community at large.
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12. Ms. Lebris is an aggrieved or adversely affected person because she is a neighboring
property owner with a recognized, legitimate, and protected property interest in preserving
the character of his 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 with her neighbors within the area of the property at issue and within Bayside
Historic District, but not with citizens in other areas of the city.
13. Ms. Lebris has 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 she must be granted intervenor status to be able to fully present her 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 Ms. Lebris 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.
Best Regards,
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3 S James M. Mahaffey III
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