HomeMy WebLinkAboutM-98-1163LAW OFFICES
ARAGON,—LIRLINGTON, WEIL & CROCt.-►T, P.A.
OFFICE IN THE GROVE
_.
PENTHOUSE
2699 SOUTH BAYSHORE DRIVE
MIAMI, FLORIDA 33133
TELEPHONE: (305) 858-29W
TELEFAx: (305) 858-5261
RUDOLPH F. ARAGON
LAWRENCE D. Ci00DMAN
DANIEL F. BLONSKY
KEVIN C. KAPLAN
AVA BORRASSO
SEAN R. SANTINI
ROBERT BURL INGTON
PAUL�. CHWIEP
JEFFREY B. CROCKETT
ONA
RONALD P. WEIL
P. WEIL
December 17, 1998
VIA HAND DELIVERY
Mr. Donald H. Warshaw
City Manager
City Hall
3500 Pan American Drive
Miami, FL 33131
305-250-5400
Re: Notice of Appeal to City Commission, City of Miami
Certificate of Approval granted December 7, 1998
Cloisters on the Bay Project
Commodore Bay
3471-3571 Main Highway
Coconut Grove, Florida
Dear City Manager:
The undersigned counsel represents the Sierra Club, a nonprofit corporation
dedicated to the conservation and protection of the natural and physical environment.
Pursuant to the Code of the City of Miami, Florida, § 17-40(b) (hereinafter
referred to as "the City Code"), the Sierra Club hereby files its notice of appeal to the
City Commission from the decision of the Urban Development Review Board issuing a
Certificate of Approval on the above -referenced property in connection with the Cloisters
on the Bay Planned Unit Development on December 7, 1998. Pursuant to City Code §
17-43, the Siena Club is exempt from the requirements related to payment of an appellate
fee.
Specifically, the Sierra Club appeals the decision of the UDRB recommending
approval of the Certificate of Approval on the following grounds:
1. The Application for Certificate of Approval (hereinafter referred to as "the
Application") failed to comply with the requirements set forth in City
Code, §17-33(b)(3), specifically the Application did not contain "a
Qd— // (ol, 5
City Manager Warshaw
City Clerk Foeman
Preservation Officer Eaton
December 17, 1998
Page 2 of 3
minimum of two photographs adequately showing the general landscape
character of the site."
2. The Application did not comply with the requirements set forth in City
Code, § 17.33(b)(2) in that it failed to contain a proper survey showing
"the location of all existing trees upon the buildable area and the yard area
of the entire site as well as all structures, paved areas, and natural
features."
3. The Application failed to comply with the requirements set forth in City
Code §17-33(b)(3), specifically the Application did not contain "at least
one photograph clearly showing each tree proposed to be removed" with
each such photograph "clearly labeled and keyed to the site plan."
4. The Application did not comply with the requirements of City Code § 17-
33(b)(5)(a-k) in that the applicant did not "submit a site plan drawn at a
minimum scale of one inch .to 20 feet" detailing each and every
requirement as set forth in paragraphs (a) through (k) therein;
5. The Application did not comply with the requirements of City Code § 17-
33(b)(5)(h) in that the Application did not include a site plan setting forth
the relocation of existing trees with positions before and after relocation.
6. The Application did not conform to the applicable standards and principles
for tree removal within an environmental preservation district pursuant to
City Code § 17-36.
7. The issuance of the Certificate of Approval did not comport with the intent
of environmental preservation as contained in City Code § 17-27.
8. The Application otherwise failed to comply with the requiremems of
Section 17 of the City Code.
ARAGON, BURLINGTON, WEIL & CROCKETT, P.A.
City Manager Warshaw
City Clerk Foeman
Preservation Officer Eaton
December 17, 1998
Page 3 of 3
For all the reasons set forth herein, the Sierra Club hereby appeals the issuance of
the Certificate Approval pursuant to City Code § 17-40. The Sierra Club requests a
hearing before the City Commission pursuant to §17-40(b) as well as such further relief
as set forth therein.
Respectfully submitted,
l�
Ava J. Borrasso
Counsel for Sierra Club
cc: (Via Hand Delivery)
City Clerk
Walter Foeman
City Hall
3500 Pan American Drive
Miami, FL 33131
305-250-5360
Preservation Officer
Sarah Eaton
City of Miami
444 S.W. 2"d Avenue, 3Td Floor
Miami, FL 33130
ARAGON, BURLINGTON, WEIL & CROCKETT, P.A.