HomeMy WebLinkAboutSubmittal-James Mahaffey-Request for Vivian P. GarciaSubmitted 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. 2550 South Bayshore Drive Tel: 305-856-8408
David Avellar Neblett, P.A. ,I Suite 211 Monty's in the Grove Fax: 305-967-8182
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
Miami, Florida 33133
www.PerryNeblett.com
March 21, 2022
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 Vivian P. Garcia
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, Vivian P. Garcia, be accorded party intervenor status.
Ms. Garcia has an interest in the application which is different than the public at large as
follows:
1. Ms. Garcia owns and lives with her family on the property located at 955 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. Ms. Garcia's 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 Ms.
Garcia's 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 Ms. Garcia's 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. Ms. Garcia's 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. Ms. Garcia's 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 Ms. Garcia 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 Ms. Garcia's 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
Counly, 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
Non is based on "factors such as the proximity of his property to the property to be zoned or
Nrezoned, the character of the neighborhood . .. and the type of change proposed are
o ° °" considerations. The fact that a person is among those entitled to receive notice under the
NrD
o zoning ordinance is a factor to be considered on the question of standing to challenge the
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16. Ms. Garcia's meets the Renard standing requirements to challenge the applicant's appeal
to the City Commission regarding this historical and zoning matter. Ms. Garcia owns and
lives on a property within 500' of the application site. Ms. Garcia seeks 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 her neighborhood, especially for
those properties surrounding Baywood Park and Little River as a result of the new
development's higher seawall.
17. Ms. Garcia also wishes to show the City Commission that the development will drastically
alter the character of her 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, Ms. Garcia's interest exceeds the general interest of
the community at large.
18. Ms. Garcia is an aggrieved or adversely affected person because she is a property owner
within 500' of the development with a recognized, legitimate, and protected property
interest in protecting her neighborhood from worsened flooding issues and in preserving
the character of her 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 her neighbors within the area of the property at issue and not with
citizens in other areas of the city.
19. Ms. Garcia 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. Garcia 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.
3 Best Regards,
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James M. Mahaffey III
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