HomeMy WebLinkAboutSubmittal-James Mahaffey-Request for Santiago AlvarezSubmitted into the public
record for item(s) PZ.1
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. 4;
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
3; 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
O Also admitted to practice in Ohio
Re: Request for Party Intervenor Status for Santiago Alvarez
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 my
client, Santiago Alvarez, be accorded party intervenor status.
Mr. Alvarez has an interest in the application which is different than the public at large as
follows:
1. Mr. Alvarez owns and lives on the property located at 990 NE 72 Street, Miami, FL 33138,
directly adjacent to the site that is the subject of the application for a Special Certificate of
Appropriateness.
2. Mr. Alvarez's property is directly adjacent to the development to the east of NE 10 Avenue,
facing and abutting the applicant's two (2) properties.
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 Mr.
Alvarez's interests as the new development sits directly adjacent to his property and will
drastically alter the historic character of the Bayside Historic District for Mr. Alvarez.
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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S. 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 addition of the
"corner lot" that the developer squeezed into its design, presents Mr. Alvarez with the rear
of the neighbor's home directly across from him as he walks out of his front door.
6. The applicant requests revisions to the historical platting and lay -out as well as the
alteration of the historical Principal Fronts that significantly impact Mr. Alvarez.
7. He will be confronted with the backyard of a slanted neighboring property directly in front
of his home which sits well inside the 20 ft. setback for the historic Principal Front of 1000
NE 72 Street.
8.
The increased height and massing of the development will also present Mr. Alvarez with
five (5) properties directly in front of his home, rather than the two (2) homes as historically
platted and laid out.
9.
Additionally, this development will affect him 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
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County, 261 So.2d 832, 837 (Fla. 1972). The regulation under which we seek intervenor
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status is very similar to this state court standing rule. Whether an individual has standing
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is based on "factors such as the proximity of his property to the property to be zoned or
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rezoned, the character of the neighborhood .. . and the type of change proposed are
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considerations. The fact that a person is among those entitled to receive notice under the
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zoning ordinance is a factor to be considered on the question of standing to challenge the
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proposed zoning action." Id.
11.
Mr. Alvarez meets the Renard standing requirements to challenge the applicant's appeal to
the City Commission regarding this historical and zoning matter. He owns and lives on the
property abutting the application site. He seeks intervention to show the City Commission
in its consideration of the appeal that the character of this historic residential community
will be negatively affected by the applicant's disregard for the historic characteristics of
Bayside Historic District, including disparities in massing and height, architecture,
potential flooding issues to the neighboring properties due to the increased 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 proposed use
and site plan. Therefore, his interest exceeds the general interest of the community at large.
12.
Mr. Alvarez is an aggrieved or adversely affected person because he 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
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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 his neighbors within the area of the property at issue and not with
citizens in other areas of the city.
13. Mr. Alvarez 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 he must be granted intervenor status to be able to fully present his 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 Mr. Alvarez 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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James M. Mahaffey III
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