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HomeMy WebLinkAboutR-92-0686F JAL h J-92-455(a) 7/1/92 RESOLUTION NO. 9 2- 686 s A RESOLUTION DENYING THE APPEALS FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO REVERSE THE APRIL 10, 1992 DECISION OF THE ZONING ADMINISTRATOR BEARING ZONING INTERPRETATION NO. ZI-92-2, STATING THAT THE USE OF THE COMMUNITY AND RECREATION BUILDING AT THE UNITED TEACHERS OF DADE TOWERS BUILDING, LOCATED AT 1809 BRICKELL AVENUE, MIAMI, FLORIDA (THE "PROPERTY") (MORE PARTICULARLY DESCRIBED HEREIN), FOR UNION MEETINGS NOT ASSOCIATED DIRECTLY WITH THE APARTMENT BUILDING OR ITS RESIDENTS, IS NOT PERMITTED AS AN ACCESSORY USE; ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. WHEREAS, the Miami Zoning Board at its meeting of May 18, 1992, Item No. 6, duly adopted Resolution ZB 54-S2 by a six to two (6-2) vote, granting the appeal as hereinafter set forth; and WHEREAS, the Bri.ckell Place Condominium Association and the Brickell Homeowners Association, Inc., have taken separate appeals to the City Commission from the decision of the Zoning Board as set forth in Resolution ZB 54-92; and WHEREAS, the City Commission after careful consideration of this matter, and pursuant to the standards set forth in Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 21, deems it advisable and in the best interest of the general welfare of the City of Miami and its CITY COMMISSION MEETING OF 0 CT 2 2 1992 Resolution No. 92- 686 inhabitants to deny the herein appeals from the Miami Zoning Roard's action and to affirm the decision of the Zoning Board; NOWO THEREFORE, RE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Miami Zoning Board to reverse the April 10, 1992 decision of the Zoning Administrator bearing Zoning Interpretation No. ZI-92-2, which stated that the use of the community and recreation building at the United Teachers of Dade Towers Building, for union meetings not associated directly with the apartment building or its residents, is not permitted as an accQssory use for the property located at 1809 Brickell Avenue, Miami, Florida, more particularly described as Lot 52, Block B, MARY AND WILLIAM BRICKELL, as recorded in Plat Book B at Page 96 of the Public Records of Dade County, Florida, Zoned R-4 Multifamily High - Density Residential, is hereby affirmed, and the appeals taken by Brickell Place Condominium Association and the Brickell Homeowners Association, Inc, are hereby denied. - 2 - 92- 686 Ci XAVIEii 4MTATTHCIRAtl� CITY CLERK PREPARED AND APPROVED BY: G—TMIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ,x J A.ZQAWNPA-3490" III CITY AT T EY GMM:ra: 3021 k . SUARE Z YOR - 3 - 92- 686 5 IN RE: CITY OF MIAMI RESOLUTION 92-686 El CITY OF MIAMI DADE COUNTY FLORIDA I�Jnz tic COUNTY, FLORIDA FEE.. CITY OF MIAMI'S RESPONSE TO COMPLAINTS' VERIFIED COMPLAINT Respondent, CITY OF MIAMI [CITY), by and through undersigned counsel files this Response to Complaints' Verified Complaint as follows: 1. As to the allegations contained in paragraphs 1 and 4, the CITY is without knowledge. 2. As to the allegations contained in paragraphs 5, 6, 7, 8, 9 and 10, the CITY denies same. , 3. As to the allegations contained in paragraphs 2 and 3, the CITY admits same. 4. As to the allegation contained in paragraph 11, the CITY specifically denies it as under Section 163.3215(3)(b), Fla. Stat. (1991), the sole action available to challenge the consistency of a development order with a comprehensive plan is suit as described in the above -referenced statute. FIRST AFFIRMATIVE DEFENSE As affirmative defenses, the CITY pleads estoppel and laches. The Complainants are estopped from pursuing this motion under Section 163.3215, Fla. Stat. (1991). as there is a pending appeal in the Appellate Division of the Eleventh Judicial Circuit Court, Case No. 92-311AP, involving the same issues. SECOND AFFIRMATIVE DEFENSE The actions of the City Commission, as encompassed in Resolution 92-y686, are a lawful and correct quasi-judicial response to resolve a dispute over the interpretation of its Zoning Code. I HEREBY CERTIFY that a copy of the foregoing was furnished by mail to JOHN G. FLETCHER, ESQUIRE, 7600 Red Road, Suite 304, South Miami, Florida 33143; ELIZABETH J. DuFRESNE, ESQUIRE, Steel, Hector & Davis, 200 South Biscayne Boulevard, Miami', Florida 33131-2398 and LUCIA A. DOUGHERTY� ESQUIRE, 1221 Brickell � Avenue, Miami, Florida 33131, this / day of December, 1992. A. QUINN JONES, III, City Attorney THERESA L, GIRTEN, Assistant City Attorney 300 Dupont Plaza Center 300 Biscayne Boulevard Way Miami, Florida 33131 Telephone: (305) 579-6700 By: - THERESA L. GIRTEN Assistant City Attorney 7f LAW OFFfcE9 KAYE 81 ROGER, P.A. 800 EAST CYPRESS CREEK ROAD SUITE 400 FORT LAUDERDALE, FLORIDA 33334 ROBERT L KAYE M RANDALL K ROGER May 30, 1992 W4nniWa, Building and Zoning Department `tEty of Miami A*,n:luearing Board Division 2t, N:W. 2nd Street/P.O. Box 330708 Miami, FL 33233-0708 TELEPHONE (305) 928-06W I-M-974.0680 TELEFAX (305) 772-W19 Re: Appeal City of Miami Zoning Board hearing of May 18, 1992 Granting Appeal of City of Miami Zoning Administrator's Determination concerning Application No.: 92-51 (1809 Brickell Avenue - Lot 52, Block B, Mary and William Brickell (B-96)) Dear Hearing Board Division: Pursuant to Section 2002 of the City Zoning Ordinance for the City of Miami, please be advised that the Brickell Homeowners Association, .Inc., that entity representing 17 communities in the Brickell area, and T. Sinclair Jacobs, individually, request a review of the decision rendered by the Miami Zoning Board on May 18, 1992 concerning the above captioned matter. It is the contention of the Brickell Homeowners Association, Inc. that the property located at 1809 Brickell Avenue is being used for commercial purposes in direct violation of the existent zoning code effecting the Brickell area. The use of the building by the United Teachers of Dade (UTD) Union Stewards is not an accessory use nor a use which was ever permitted by the City of Miami. Despite UTD's counsel's assurance to the contrary, the City was unable to locate, and UTD's counsel unable to produce, any documentable evidence in support of the City's granting of such usage. The burden of presenting this documentation rests on the proponent of such entitlement. An alternative argument presented by UTD's counsel is that the City of Miami is estopped from enforcing the City's zoning regulations based on the assertion that the City has been aware of the situation (the commercial use) and has failed to enforce the law. In order for the estoppel argument to succeed, UTD has presented a "detrimental reliance" argument. UTD has asserted that their purchase of property on Coral Way, without facilities to accommodate union meetings, qualifies as the necessary reliance. However, it appears that the Union only relocated at that time because the City was 92- 686 3 so Planning, Building City of Miami May 30, 1992 Page 2 and Zoning Department notified of the existence of commercial offices operating out of the Stanley Axelrod Tower (1809 Brickell). Thus, UTD was acting improperly then and, only with City pressure, commenced to conform its operation to comply with the law. Now, again, the City has learned of the Union's failure to abide by the law and is being encouraged by the neighboring homeowners to enforce the zoning code. The City can not permit the continued illegal use of the property based on the possibility that the City "might" have known about the use if that use was improper in the first occurrence. To provide otherwise would allow a single unchallenged illegal act, whether civil or criminal, to serve as a blank check for future violations of a similar character. To permit the Union to utilize the property located at 1809 Brickell Avenue in an illegal manner is to allow those individuals who are not residents of the Brickell community, to openly break the law and flaunt such occurrence before the City's face. It is the hope of the Brickell Homeowner Association, Inc. and its Membership that the City will not be (as the Zoning Board appeared to be) swayed by such "dramatic" presentations as packing the City's gallery with Union members, whose only interest in the property is for its continued illegal use, but rather to maintain the integrity of the zoning ordinances and the residential tone of Brickell Avenue between 15th and 25th Roads. RKR/alc cc: E. Sinclair Jacobs Brickell Homeowners Sincerely, y �ANDAL K.VGER sociation, Inc. 94 uw aFFr-Es 9 2-- 686 KAYE. & ROGER. P.A. ZONING FACT SHEET LOCATION/LEGAL 1809 Brickell Avenue Lot 52, Block B, MARY 6 WILLIAM BRICKELL (8.96) APPLICANT/OWNER United Teachers of Dade (UTD) "UTD towers" 1809 Brickell Ave. Miami, Florida 33131 Home: Work: .11 PZw17 Lucia A. Dougherty, Esq. 1221 Brickell Avenue Miami, Florida 33131 579-05DO ZONING R-4 Multifamily High -Density Residential REQUEST Appeal of the April 10th, 1992 decision of the Zoning Administrator bearing Zoning Interpretation No. ZI-92.2, Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 18, Section 18DO, Generally, that the use of the Community and Recreation Building at the UTD Building at the above location, for union mee+ings, not associated directly with the condominium owners, is not permitted as an accessory use. RECOMMENDATIONS: PLANNING, BLDG 6 ZONING Denial. PUBLIC WORKS No Comments. PLAT AND STREET No Comments. DADE COUNTY TRANSPORTATION No Comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Affidavit of Non -Compliance issued on: N/A Lien Recorded on: N/A Total Fines To Date: N/A Comments: N/A HISTORY There is an existing Class C #90-1582, which was issued on October 19, 1990. The Class C was issued for an expansion to the Commmunity and Recreation Building of an existing residential complex. There is also a memorandus in the Class C file, dated November 28, 1990. See attached. ANALYSIS nocommend approval of appeal which will reverse the Zoning Board's decision and uphold the Zoning Administrator's interpretation. Permitting the union meetings to be held in this residential building will disrupt peace and tranquility of this residential community. APPLICATION NUMBER 92- 51 92- 686 May 18, 1992 Item/ 6 Page 1 05/14/92 ZONING BD At its meeting of May 18, 1992 the Zoning Board granted an appeal reversing the April 10, 1992 decision of the Zoning Administrator ZI 92-21 by Resolution 28 54-92, by a 6-2 vote. CITY COMMISSION At its meeting of July 16, 1992, the City Commission continued the above. At its meeting of September 24, 1992, the City Commission deferred the above, and instructed Administration to coordinate a meeting between the opposing parties. Meet- ing held on 10/6/92. r ilk JOIT24 G. FL9T'CUXR ATTORNEY AT LAW SUITE 304 7600 REO ROAD 8602 t ML►M2, rs ors 33148.6464 TELEPHONE (305) 665•9521 FAR (305) 665• 0326 May 28, 1992 Teresita Fernandez Chief of the Zoning Department 275 N.W. 2nd Street Miami, FL 33128 Re: Appeal of Zoning Board decision/application no. 92-51 Dear Ms. Fernandez: This is to give you notice that Laura Rodriguez joins in the appeal filed by the Brickell Place Condominium Association, Inc. Laura Rodriguez testified at the Zoning Board hearing, and is a unit owner at Brickell Place. The basis for her appeal is the same as set forth in the Brickell Place Condominium Association, Inc. appeal, in which she joins. JGF/wm cc: Lucia Dougherty Joseph A. Genuardi Sergio Rodriguez Arnold Rabin T. Sinclair Jacobs Laura Rodriguez lV: Ed 9Z AN W i 144 JQ kilo 0 ti JOHN G. FLETCHLII ATTOPNEY AT LAW SUITE 304 +K + - 7600 RED ROAD BOUT KtAX1, rt0JUDA 03t4a- 5464 TELEPNONE (305) 665 - 7521 w rAx (305) 665.0328 +r Teresita Fernandez Chief of the Zoning 275 N.W. 2nd Street Miami, FL 33128 Dear Ms. Fernandez: May 27, 1992 Department Re: Appeal of Zoning Board i decision/application no. 92-51 It is my understanding that you are the Clerk for the zoning boards and the person designated by the City Manager pursuant to Section 2002, City Zoning Ordinance, for the filing of appeals from the zoning board to the City Commission. The purpose of this letter is to appeal to the City Commission the decision of the zoning board, application no. 92-51 regarding property at 1809 Brickell Avenue, which was the subject of agenda item 6 for the Miami Zoning Board meeting of Monday May 18, 1992. The appellant in this case is the Brickell Place Condominium Association, Inc., which is the owner of a condominium unit at 1901 Brickell Avenue and which is the representative of the condominium association members at that address. The basis of the appeal is that the property which was the subject matter of the hearing before the Zoning Board, the property at 1809 Brickell Avenue, is being improperly used. The property is residential yet the site is being used for United Teachers of Dade (UTD) Union Stewards meetings contrary to the City's zoning ordinance. No special exception, variance, or other relief permits such utilization. The zoning board did not give reasons for its decision, which reversed the April 10, 1992, decision of the Zoning Administrator (ZI 92-2). It is thus difficult for us .to advise you as to where the zoning board went wrong except to say that it was totally inappropriate. The decision of the 9 9-- 686 1 000000 • 99- 686. IN W1 Page 2 Teresita Fernandez May 27, 1992 zoning board should be reversed by the County Commission. Cordially, Ao oh G. etcher JGF/wm cc: Lucia Dougherty Joseph A. Genuardi Sergio Rodriguez Arnold Rabin T. Sinclair Jacobs of Zi: Ed SZ AVN Z& .`.�� �Jbc�O8 NON Ms. Elba Morales offered the following Resolution and moved its adoption. RESOLUTION ZB 54-92 A RESOLUTION GRANTING THE APPEAL AND REVERSING THE DECISION OF THE ZONING ADMINISTRATOR BEARING ZONING INTERPRETATION NO. ZI-92-2, OF APRIL 10, 1992 STATING THAT THE USE OF THE COMMUNITY AND RECREATION BUILDING AT THE UNITED TEACHERS OF DADE (UTD) BUILDING AT 1809 BRICKELL AVENUE, FOR UNION MEETINGS, NOT ASSOCIATED DIRECTLY WITH THE CONDOMINIUM OWNERS, IS PERMITTED AS AN ACCESSORY USE FOR THE PROPERTY LOCATED AT THE ABOVE LOCATION ALSO DESCRIBED AS LOT 52, BLOCK B, MARY AND WILLIAM BRICKELL (B-96). Upon being seconded by Mr. Ronald Fox the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Moran-Ribeaux, Alonso-Poch, Fox and Sands NAYES: Messrs. Milian and Barket ABSENT: Mr. Luaces and Ms. Perez -Nodal Ms. Fernandez: Motion carries 6 to 2. 4 May 18, 1992 - Item # 6 Zoning Board 99- 686 '� GBffNBEflGA T T 0 R h E t 5 L A iBflUNIG LuciA A. DOucaRTY 3OS-5794603 April 15, 1992 Ms. Teresita Fernandez Hearing Boards City of Miami 275 N.W. 2nd Street Miami, Florida 33128 Re: Appeal of ZI 92-2 United Teachers of Dade (UTD) Building at 1809 Brickkell Avenue Dear Ms. Fernandez: This is an appeal of the above -styled zoning interpretation, which is attached hereto as Fxh1'bit "A." The interpretation is arbitrary and capricious, unreasonable, and contrary to law. It further is a violation of substantive and procedural due process. Please find attached the February 25,1992 letter and exhibits and November 12,1991 letter to Joseph Genuardi as the grounds for this appeal. We are enclosing our firm's check in the amount of $400.00, which represents the filing fee. Please advise as to the date that the appeal will be heard by the Zoning Board. LAD/jhd enclosures a\dW\1&d\%rnvW*j r Sincere , cia A. Dougherty ii W jo Alto M Gntzr nG. TAAualc, HO"MAN. LIPOFF, Rolm & QUENTEL, P.A. 1221 DaicK LL AvsnuE MIAMI, FLORIDA 33131 305-579-0500 PAZ 305.579.0717 9 2 MIAMI FORT LAUDERDALE WEST PALM BEACA SERGIO RODRIGUEZ, AICP Director 0 -r f April 10, 1992 Ms. Lucia A. Dougherty, Esq. Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. 1221 Brickell Avenue Miami, FL 33131 Re: United Teachers of Dade (UTD) Building at 1809 Brickell Avenue, ZI 92-2 Dear Ms. Dougherty: CESAR H. ODIC) City Manager This is in response to your letters requesting my determination on whether the UTD Council of Building Stewards may continue to hold their monthly meeting in the Community and Recreational Building. I have reviewed all the information you have sent me to date and researched all our records and cannot find any written evidence that this use was ever permitted by the City of Miami. The building was built in 1966 under the City of Miami Comprehensive Zoning Ordinance 6871, which classified the site under a R-5A (High Density Multiple Residential) zoning district. The recreational building was permitted for the use of the condominium owners and their guests. The use of this facility for union meetings was not permitted as an accessory use. There is evidence from letter written by Frank A. Williams, Jr., Chief Zoning Inspector, requiring that all union activities be removed. There is no evidence that Mr. Williams concurred with Ms. Elizabeth J. du Fresne that union meetings could be held, as stated in her letter, dated October 18, 1977. Under the Zoning Ordinance 9500, which became effective in June of 1983, the site was classified RG-2.2/7(SPI-4) (General Residential). This classification did not permit as accessory use any meeting not associated directly with the condominium owners. Presently, under Zoning Ordinance 11000, as amended, the site is zoned R-4 (Multifamily High -Density Residential). The Union Stewards meetings is also not permitted as an accessory use. Exhibit "A" r PUNNING. BUILDING AND ZONING DEPARTMENT 9 ? - 686 275 N.W. 2nd Street/P.O. Box 330706/Miami, FL 33233-0709/(305) 579-MM Lucia bougherty SL April 10, 1992 Page 2 Therefore, it is my opinion that the Union Stewards meetings are not permitted and therefore must cease. Failure to discontinue this use will result in the City of Miami utilizing all remedies available by law to enforce compliance. This interpretation may be appealed by any aggrieved person within fifteen (15) days of its rendering to the Zoning Board. The procedure for appeal is outlined in Article 18 of the City of Miami Zoning Ordinance 110009 as amended. Yours truly, J se A. Genuardi, P.E. s4ing Administrator JAG/ jg cc:- Sergio Rodriguez, Director Guillermo Olmedillo, Deputy Director G. Miriam Maer, Esq., Law Department File John G. Fletcher T600 Red Rd., Suite 304 Miami, FL 33143-5484 Rocco Pace, President P.O. Box 490093 Ivey Biscayne, FL 33149 T. Sinclair ( Tory) Jacobs Brickell Homeowners Association 195 S.W. 15 Road, Suite 203 Miami, FL 33129 4 LUCIA A. DOUGHERTY 305-579-W3 February 25, 1992 Mr. Joseph A. Genuardi . Zoning Administrator City of Miami 275 N.W. 2nd Street Miami, Florida 33128 Re: United Teachers of Dade Towers ("UTD Towers") 1908 Brickell Avenue Dear Joseph: This letter will respond to your January 29, 1992 letter advising that the United Teachers of Dade have three weeks in which to furnish proof that the City of Miami" permitted the use of the UTD Towers at 1908 Brickell Avenue for its monthly union meetings. In response to your request, please be advised as follows: 1. The UTD Towers was financed under 1202 of the Housing Act of 1959, 12 U.S.C. 1701q. An applicant for loan assistance for the construction of housing for the elderly or handicapped must be ... an established organization the purposes of which include promotion of the welfare of elderly or handicappedfamilies or must be sponsored by a fraternal, civic, religious, charitable or similar organization with a long-term social and financial (24 2. The United Teachers of Dade is the sponsor and owner of the UTD Towers. As shown in Fitt -bit "A", the governing body of the United Teachers of Dade is "the elective representatives of the membership known as the Council of Building Stewards." It is this Council which meets at the UTD Towers on a monthly basis. Therefore, it is the owners of the building, that must maintain a continuing interest in support of the project, which meet in the building on a monthly basis. ' As will be discussed later, the City has been on notice since 1977 that these Council meetings were taking place on a monthly basis and has never challenged this use by the owners of the building. M GREENBERG. Timm. HorrMAN. Ltron. Rosax & QUENT9L. P.A. 1221 SRICEELG AVENUE MtAMt, FLoRIDA 33131 305.579-0500 FAX 305.579-0717 MIAMI FORT LAUDERDALB WBaT PALM BsACH 9 2 - 6 86 13 Mr. Joseph A. Genuardi February 25, IM Page 2 3. 12 USC 1701(q) subparagraph (a) (1) provides: 4 The purpose of this section is to assist private non-profit corporations ... to provide housing and related facilities for elderly or handicapped families (emphasis added). "Housing and related facilities" is defined as . Structures suitable for dwelling use by elderly or handicapped families, and structures suitable for use as cafeterias or diming halls, community rooms or buildings workshops, or infirmaries or other inpatient or outpatient health facilities, or other essential service facilities. (24 CFR § 277.1(h)). Community rooms must be distinguished from social centers, which is specifically noted in the following provision: An eligible facility must be financially feasible and essential for the welfare of the project residents, and may include such facilities as project management office space, project workshops and storage space, recreation and social centers, snack bars, craft shops, multi -purpose rooms, laundry facilities, and cafeterias or dining halls. (24 CFR 1 277.4(e). This distinction is particularly relevant in light of Exhibit W which is a letter from Elizabeth J. DuFresne in which she advised Frank A. Williams, then Chief Zoning Inspector, on October 18, 1977 that in response to his notice of violation for the removal of trailers which were used for union activities, that she was reflecting and documenting their mutual understanding that: Since the facility is available to all non flro=M or¢ari�tions under the HUD guidelines, United Teachers of Dade will continue to make occasional use of that facility for union meeting purposes. M soMdflcally includes. but is not limited I further enclose for your consideration two other letters written to City of Miami Commissioners in August, 1977, in which she advised that the City's request to cease all union and legal activities in UTD Towers as a violation of the zoning law was contrary to the Commission's understanding in July of that year. I have researched the July minutes, GREENBERG ' TRAURIG ZZ 99m- 686 Mr. Joseph A. Genuardi February 25, 1992 Page 3 and, although said minutes are a continuation of a prior meeting which I have not been able to locate, at said meeting the City Commission approved a PAD for the construction of the second tower. At that time, the opponents stated: They are running at that place right now a four member law firm and a printing press day and night in the present building so now they say to you, please approve us, we'll do our good work on the upper floors but in the lower floors we will have four member union law offices, and we will have our printing press. They moved out as we know the trailers. Another thing that wasn't mentioned, very important I submit, the application is not just for a building it is also to expand the auditorium. The plans for the auditorium expansion are not specific. Am At the meeting in which the PAD was approved, there was an indication that the law and Union offices were illegal. Such uses ceased when the new union offices were constructed. However, even the opponents did not indicate that the union (Council) meetings were illegaL The City certainly had knowledge of their existence prior to July 21, 1977 and subsequent to that time. Nothing has occurred since 1977, to indicate to the United Teachers of Dade that the City believes that the Council meetings are illegal. My view is that the PAD approval included a recognition that the meetings of the building owners were permitted even if the zoning ordinance is not interpreted to provide such an accessory use. 4. Since 1977, the City has known about the meeting and has considered this use legal. It has never sent a notice of violation for the conduct of union (Council) meetings at said premises. Even the notice of violation which was sent to the UTD Towers in 1977 indicated that the illegal use was the use of the trailers for the office structure (Exhibit "C"). Even if the City were to determine that the meeting of the building owners is illegal at this time, the City is estopped from changing its mind. The United Teachers of Dade relied, to its detriment, on the City's actions and representations. As you know, the union did not challenge City's 1977 interpretation and, instead, constructed an entirely new building for its union headquarters. It did so with the understanding that it could continue to use the auditorium at the UTD Towers for its Council meetings. At your request I will furnish affidavits to this effect I Cp 92-- 686 GREENBERG TRAURIG Mr. Joseph A. Genuardi February 25, 1992 Page 4 You should know that there is no specific objection that either the Brickell Homeowners Association or the Brickell Place Condominium Association has with respect to the use of this property for Council meetings. I have met with both parties and asked them if they could identify any issues or any matters that we could correct that were bothering the Associations. Both responded saying that there was nothing specific about the union meetings that they found objectionable. However, they wanted the law enforced. I think it is wrong for the City to cause the United Teachers of Dade the expense, time and energy to justitj► their existence when there is no specific public need, necessity or objection simply because two neighbors want to test the limits of the zoning law. I want to remind you of the Brickell Bank Case where the City changed its mind and decided the zoning ordinance which permitted a savings and loan association did not also permit a bank. The City lost that case and was required to pay damages and fees to Brickell Bank. LAD/jhd enclosure cc: Mr. Sergio Rodriguez Mr. Guillermo Olmedillo Mr. Pat Tornillo Mr. Murray Sisselman William DuFresne, Esq. rro�u�sw.a� 94 Sinc er Lucia A. Dougherty GREENBERG TRAURIG 99-- 686 17 b (ILT14-tv Of tamt SERGIO RODRIGUEZ, AICP Dt(eflOr 4 n u �.t1. January 29, 1992 Ms. Lucia Dougherty Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. 1221 Brickell Ave. Miami, FL 33133 Re: United Teachers of Dade (UTD) -1908 Brickell Avenue Stewards !Meetings Dear Ms. Dougherty: CESAR H. 0010 City Manager I have reviewed all the documents you furnished me and researched the records with the City of Miami in order to make a determination on whether the United Teachers of Dade• Union stewards may continue to hold their monthly meeting in the Community and Recreational Building at 1908 Brickell Avenue. To date, I have not found enough evidence to allow the meetings to continue. Please furnish me, within three (3) weeks from receipt of this letter, further proof that the City of Miami approved the holding of these meetings as a permitted accessory use in 1966 and confirmed by Mr. Frank A. Williams, Jr., Chief Zoning Inspector in 1977, or any other documentation to support your argument, in order for me to reach •a final decision in a timely manner. If you. require any further information,' please feel free to contact me. Very truly yours, se A. Genuardi, P.E. i Administrator a� 92- 686 PLANNING, BUILDING AND ZONING DEPARTMENT' 27S N.W. 2nd Street/P.O. Box 330709/Miami, FL 33233.0700/(305) S7946ff00 Lucia Dougherty January 25, 1992 Page 2 JAG/ j g cc: Sergio Rodriguez Guillermo Olmedillo � Pile John G. Fletcher 7600 Red Rd., Suite 304 S. Miami, FL 33143-5484 T. Sinclair (Troy) Jacobs 'Brickell Homeowners Association 195 S.W. 15 Rd., Suite 203 Miami, FL 33129 Roco U. Pace, A.I.A. Pace Associates P.O. Box-490093 r Key Biscayne, FL 33149 ft Lucu A. DourmotY 30-579-W3 November 12, 1991 Mr. Joseph A. Genuardi Zoning Administrator City of Miami 275 N.W. 2nd Street Miami, Florida 33128 Re: United Teachers of Dade ('IUTD'I) 1908 Brickell Avenue Building Permit No. 90-10404 Dear Joseph: 0 As I have formerly advised you, UTD is the organization which owns and manages UTD Towers; hence, the monthly meeting of the management of the building (the union stewards) is not an illegal activity as proposed by certain neighbors (Exhibit #1). Secondly, it is the position of my client that this "meeting" use, which has been conducted since 1968, is not illegal since it is a nonconforming use established prior to any ordinance which allegedly outlawed such activity. Even today, such activity would be permitted with a Special Exception. As support for such a proposition, is the attached letter written by UTDIs attorney in 1977 indicating an agreement with the then Zoning Administrator (Exhibit #2). This activity was obviously considered either a permitted use or an accessory use at the time the building was constructed. Since neither you nor I could find the exact legislation in effect at the time that the building was constructed, a presumption in favor of the property owner must be given. Thirdly, it is UTDIs position that the use by the union stewards of the assembly room in UTD Towers is permitted presently as an accessory use of the building. obviously, any resident could have parties in the assembly room once a month with the same number of people; hence, the use of .the assembly room by the owners of the building cannot be illegal. GRxcrmanc. TRAVRIG, Ho"um, Ltrorr. RoitK & Qutnu. P.A. 9 2 Q 1221 BRICstLL AYtxOx MUNI, FLORIDA 33131 305-579.OSM FAx 306.579-0717 O MIANi FORT LAUDERDALE WEST PALM BEACH s a Mr. Joseph A. Genuardi November 12, 1991 Page 2 With respect to the church parking lot, across the street on Brickell Avenue, and its use by the UTD members, please find enclosed the case of lop Lincoln Road vs. City of Miami Beach, in which the court held that the leasing of space to adjoining neighbors is not illegal unless the ordinance specifically prohibits such leasing (Exhibit #3). As you know, the UTD has a lease agreement with the church for its lots during the time when it is not being used by parishioners; hence, the use is legal both by the church parishioners and by UTD. We would, therefore, ask for your administrative interpretation regarding the above. LAD/jhd enclosure cc:Mr. Guillermo E. Olmedillo William DuFresne, Esq. John G. Fletcher, Esq. Acly, Dougherty 9 - 686 Iq GREENBERG TRAURIG