HomeMy WebLinkAboutR-91-0078D
W
J-90-971(a)
01/24/91
RESOLUTION NO.
A RESOLUTION DENYING THE APPEAL AND AFFIRMING
THE ACTION OF THE ZONING BOARD IN MODIFYING
AS PER SECTION 3006 OF ZONING ORDINANCE 95001
AS AMENDED, THE DECISION OF THE ZONING
ADMINISTRATOR RENDERED BY HIS LETTER DATED
AUGUST 1, 1990, REGARDING LANDSCAPE
REQUIREMENTS FOR THE LIVE OAK CONVALESCENT
HOME FOR THE PROPERT1 LOCATED AT 2500
NORTHWEST 22 AVENUE, MIAMI, FLORIDA, ALSO
DESCRIBED AS ALL OF TRACT A AND TRACT B LESS
SOUTH 170', ZIPES SUBDIVISION, AS RECORDED IN
PLAT BOOK 78 AT PAGE 54, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, BY ACCEPTING
THE LANDSCAPE PLAN INITIALLED BY JOSEPH A.
GENUARDI AND BEARING THE DESIGNATION
"NAGYMIHALY PROPERTIES PLAN OF SASAKI
ASSOCIATES, INC., OF NOVEMBER 1, 1990"1 (THE
"PLAN") SUBJECT TO THE MODIFICATION OF SAID
PLAN TO SHOW A CONCRETE MASONRY WALL ON THE
PROPERTY LINE IN LIEU OF THE ALUMINUM FENCE.
WHEREAS, the Miami Zoning Board at its meeting of
October 15, 1990, Item No. 12, adopted Resolution ZB 93-90 by a
seven to one (7-1) vote, approving with modifications the appeal
which was duly before the Board; and
WHEREAS, Dade County has taken an appeal to the City
Commission from the Zoning Board's decision; and
WHEREAS, the City Commission after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to deny
the herein appeal from the Board's action and to affirm the
decision of the Zoning Board with modifications as set forth
herein;
NOW, THEREFORE, BE 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.
CITY COPS MU LION
7."'-k ,' G OF
JAI 24 1991
y r 78
RE80tiJTiON No.
W.
Section 2. The appeal from the decision of the Zoning
Board to modify, as per Section 3006 of Zoning Ordinance 9500, as
amended, the decision of the Zoning Administrator rendered in his
letter dated August 1, 1990, regarding landscape requirements for
the Live Oak Convalescent Home for the property located at 2500
Northwest 22 Avenue, Miami, Florida, also described as all of
Tract A and Tract B less South 1701, ZIPES SUBDIVISION, as
recorded in Plat Book 78 at Page 54, of the Public Records of
Dade County, Florida, is hereby denied and the decision of the
Zoning Board is affirmed, subject to modification to reflect that
the approved landscape plan shall be the landscape plan
initialled by Joseph A. Genuardi and bearing the designation
"Nagymihaly Properties Plan of Sasaki Associates, Inc., of
November 1, 1990", (the "Plan") subject to the modification of
said Plan to show a concrete masonry wall on the property line in
lieu of the aluminum fence.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of,-, Janry�. ► 1990.
ATTES .
MAT HIRAI, CITY CLERK
REPARED AND APPROVED BY:
IMI RAM AAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO
V VLF LI L. . -
C I T ATTORN
GMM : ra*r-- -. A
886
EZ
AND CORRECTNESS:
Zr MAYOR
9 1 ---- 7 8
- 2 -
PzW11
ZONING FACT SHEET
LOCATION/LEGAL 2500 NW 22 Avenue
All of Tract A and Tract B less S 170'
ZIPES SUB (78-54) P.R.D.C.
APPELLANT Veronica Nagymihaly
2520 S. Miami Avenue
Miami, FL 33129
Anthony J. O'Donnell, Jr., Esq.
One Brickell Square
801 Brickell Avenue, 24th floor
Miami, FL 33131-2948
ZONING RG-3/5 General Residential.
REQUEST Appeal of the Zoning Administrator's decision,
per letter dated August 1, 1990, regarding
landscape requirements for the Live Oak
Convalescent Home on above site.
RECOMMENDATIONS
PLANNING, BUILDING b
ZONING HISTORY UPHOLD DECISION OF ZONING ADMINISTRATOR AS
MODIFIED BY THE HERIME CONSERVATION BOXIM
RESOLUTION # 90-Z9 RECOMMEND DENIAL OF
rees died while being Eransplanted an
reap a'cements exceed original numbers and are in
accordance with Chapter 17 of the City of Miami
Code.
ZONING ADMINISTRATOR Coordinate with Law Department (reference case
No. 90-06866 CA 03) and Heritage Conservation
Officer the replacement landscaping to conform
to City Code, Chapter 17, Plans showing
replacement landscaping to be made a part of
original Zoning Board file (Res. Z8 8-20) and
C.O. file requirements. � � — 78
PUBLIC WORKS No comment.
DADE COUNTY TRAFFIC
AND TRANSPORTATION No comments.
ZONING BOARD At its meeting of October 15, 1990, the Zoning
Board adopted Resolution ZB 93-90, by a vote of
7-1, modifying the decision by accepting and
incorporating the Sasaki Plan [Exhibit 16 dated
November 1, 19901.
Eight OPPONENTS and three PROPONENTS were present.
at the meeting.
CITY COMMISSION At its meeting of December 6, 1990, the
City Commission continued the above.
91-- 78
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Zoning History
ZB Sept. 17, 1990
2500 N.W. 25 Avenue
1. A Special Exception for an addition to an existing Nursing
Home (Live Oaks Convalescent Home) was approved by the
Zoning Board by Resolution ZB-2088 on February 22, 1988.
There were no appeals filed.
2. On January 9, 1989, a Building Permit, No. 89-185 and a
Landscape Permit, No. 89-186, were issued in compliance with
the plans on file.
3. On May 2, 1989, an appeal was filed appealing the Zoning
Administrator's Interpretation/Decision in issuance of a
Building Permit. The Law Department rendered a legal
opinion that the appeal did not contain appealable
interpretations or decisions. At this time an inspection by
a zoning inspector found that the oak trees to be
transplanted were still in their original locations.
4. On August 15, 1989, after receiving a complaint, a zoning
inspector visited the site and found that eight (8) 'of
thirteen (13) oak trees which were to have to been
transplanted no longer existed. Eventually, all
transplanted trees died. A citation was issued at this
time. Representatives of Metro -Dade County and the design
landscape architect assured us that all trees that died
would be replaced.
5. Without prior approval new oak trees were planted on the
interior portion of the parking area and instead of oak
trees, as shown on the approved plan, along the south
property line, Gumbo Limbo trees approximately twelve feet
in height were planted.
An after the fact landscape plan was submitted to the
department which was not in compliance with the approved
plan nor meet the replacement requirements of Chapter 17 of
the City Code. This was rejected.
6. A lawsuit was filed by the appellant against Metro -Dade
County & City of Miami and a hearing held before Judge
Stuart Simons on July 10, 1990. The judge instructed
91. -- 178
7•
I
everyone to exhaust all administrative remedies before he
would rule on tha issue.
After meeting with staff, including landscape architect, it
was agreed that the plan as submitted on July 24, 1990,
would be accepted as meeting the intent of Chapter. 17,
create sufficient screening for the adjacent property and
would give the canopy which would have been created by the
transplanted trees.
91 - 78
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AKERMAN. SENTERFITT 8 EIDSON
ATTORNEYS AT LAW
ONE GRICKCLL SQUARC
24^ rLOOR
801 •RICKCLL AVCHUC
MIAM1. rLORICA 33131.20"
(3091 374-6400
TCL[COAY (306I 37-4-9008
August 13, 1990
Hand -Delivery
Ms. Gloria Fox
City of Miami
Building and Zoning Department
Suite 226
275 N.W. 2nd Street
Miami, Florida 33233
Re: Notice of Appeal of Zoning Administrator's
Interpretation/Decision Pursuant to
Articles 30 and 34 City of Miami Zoning Ordinance
Dear Ms. Fox:
This notice of appeal is filed on behalf of our client,
Veronica Nagymihaly d/b/a Nagymihaly Properties, the owner of
real property located at 2201 N.W. 23rd Street, Miami, Florida,
to seek Zoning Board review of the Zoning Administrator's
decisions set forth in his letter of August 1, 1990, and to
request the scheduling of a hearing on this appeal as well as on
the earlier appeal we filed on May 2, 1989, which has yet to be
— heard by the Zoning Board. (See Memorandum of May 23, 1989
attached). I enclose the $400 filing fee.
The bases for the appeals are set forth in the attached
letters from this office dated August 9, 1990 and May 2, 1989, as
well as the fact that Dade County has violated the express staff
conditions for the Zoning Board's Resolution ZB-20-88 that
"existing valuable trees on site would be relocated as indicated
on lans" and that "the 13g2osed addition would be harmonious
r}}}�r„gjLbatible with the adjAc2nt area.' (;peg Zoning Fact Sheet
attached).
Ve truly yours,.
Anthony O'Donnell,
lac?/rr
a our 9 78
tf u of 4;ffia ri
August 1, 1990
Mr. Narinder S. Jolly, Director
Department of Development and
Facilities Management
Facilities Development Division
111 N.W. 1st Street
Miami, FL 33128-1988
Re: Dade County Human Resources Health Center at
2500 N.W. 22 Avenue, Permit No. 89-185
Dear Mr. Jolly:
rave reviewed your 'letter and landscape plan (dated July 24,
1990) you delivered to my office on July 24, 1990 and find it
acceptable with the following conditions:
1. Transplant eight (8) existing Gumbo Limbo trees along
south property line to locations shown on the plan.
2. Plant fifteen (15) new oak trees along the south
property line, fifteen (15) feet on center. The trees
shall be at _east 181 high. if they cannot �%e obtained
by a landscape contractor within the Dade/Broward/Monroe
county area, then we will accept a minimum of 16' ':igh
oaks.
This will be accepted to replace the oak trees that were to be
transplanted according to the plans approved by the City of Miami
but did not survive.
:n order .to approve a Temporary Certificate of Occupancy prior to
the necessary planting and transplanting, a bond must be posted
to cover the full cost of obtaining, planting and transplanting
.he trees. 9 78
?lease be advised that according to the City of Miami Code
Chapter 179 environmental Preservation, Sec. 17-15: Any citi.en
may appeal any decision made by this department in enforcement of
the term or provision of the Chapter to the Heritage Conversation
Board by filing within ten (10) days after date of this initial
decision, a Written notice of appeal to the City Manager with a 7
I
Narinde S. Jolly
August 1, 1990
Page 2
copy to the City Clerk and the Heritage conversation Officer,
which shall set forth precisely the decision appealed from and
the reasons and grounds for the appeal. Each appeal shall be
accompanied by the applicable fee.
If you have any questions, please contact me as soon as possible.
Very truly yours,
rSE4 A. GENUARDI, P.E.
Zoning Administrator
JAG/,fg
cc: Sergio Rodriguez, Director
Marren Bittner, Ass't. City Attorney
Joe McManus, Ass',.,. Deputy Director
Santiago W'orge-Ventura, Ass't. Director
s
-Anthony J. O'Donnell
Akerman, Senterfitt & Eidson
! One Arickell Square - 24th floor
801 Brickell Avenue
Miami, FL. 33 1 3 1 -2948
91 - 78
8
Ay,ERMAN. SENTERFITT 8 EIDSON
ATTORNEYS AT I.Aw
OMC SNICRCLL SGUAMC
401 •NICKC CMUC
MIAM1. FLORIDA ..41•11044
17061 370-1000
TCLCCOPT 13061 370.9008
August 9, 1990
Mr. Cesar Odic
City Manager
3500 Pan American Drive
Miami, Florida 33133
Re: Notice of Appeal to Heritage Conservation Board Pursuant
to Section 17-15. City of Miami Code
Dear Mr. Odic:
This notice of appeal is filed on behalf of Veronica
Nagymihaly d/b/a Nagymihaly Properties ("Appellant"), the owner of
the real property located at 2201 N.W. 23rd Street, Miami, Florida,'
pursuant to Section 17-15, City of Miami Code.
The Appellant seeks review by the City of Miami Heritage
Conservation Board of a decision by the City's Building and Zoning
Department set forth in a letter from Joseph A. Ganuardi, Zoning
Administrator, dated August 1, 1990, a copy of which is attached
hereto as Exhibit "A."
The reasons and grounds for the appeal are as follows:
(1) The original tree removal and relocation plan approved
by the City for Metropolitan Dade County's Human Resources Center
required the preservation and replanting of thirteen (13) large
live oak trees originally located in a 65-feet wide open space
buffer which separated Appellant's property from the Center. (LU
copies of landscape plan attached hereto as Exhibit "B.")
(2) The thirteen (13) large oak trees which were to be
replanted ranged in size from 20 feet to 36 feet in height (after
being "heavily pruned") with calipers ranging from 12 inches to 48
inches. (ftj Exhibit "B," Tree Relocation List). - 78
91
(3) The originally approved plan showed that of the thirteen
large oak trees to be relocated, ten trees, 20 to 36 feet in height
were to be planted along the south property line for the purpose
of buffering the Appellant's property from the expansion of Dade
County's facility. However, the plan showed that the proposed
landscaped area where these large trees were purportedly to be
planted was galy Ihrge,fgg% wide which made any such relocation
physically impassible. When the relocation was attempted in this t
3 -foet wade area and later in the 5-feet wide interior landscape **r.
islands, all the larqe oak trees quickly died. Dade County should
be held fully accountable for what can only be described as an
intentional destruction of the trees. The Appellant advised Dade
County in writing as early as February 22, 1989, that it was
unlawfully destroying the trees - yet no corrective action was
taken to avoid the losses.
(4) The new plan now approved by the Building and Zoning
Department fails to compensate for the County's destruction of the
13 large oak trees, fails to provide a proper planting area for the
proposed fifteen new oak trees and fails to provide a reasonable
buffer for the Appellant's residential property which faces
directly into the parking lot of Dade County's facility.
Accordingly, the Appellant requests the Heritage Conservation
Board to impose the following requirements on Dade County's
facility:
A. Require that the fifteen (15) oak trees be a minimum of
20 feet in height with at least five trees being 30 to 35 feet in
height. This would mean that most of the new trees would only most
the smallest tree size of those removed and destroyed by Dade
County.
B. Eliminate the condition that the new trees must be
available in Dade, Broward or Monroe Counties. The major source
of such larger oak trees is outside these three counties.
C. Require that the 3-feet wide landscape area along the
south property line be increased to eight (8) feet. This would
provide an adequate planting space for the new oak trees as well
as provide a more reasonable buffer for the Appellant's property.
To accomplish this increase, the 5-feet wide interior landscape
islands running east/west in the parking lot would be eliminated
and the existing parking spaces along the south border would be
moved back five feet (In Exhibit I'v). This would leave two 5-
feet wide islands at the center of the lot with space for at least
four (4) additional oak trees twenty to thirty-five feet in height
so that a total of nineteen or twenty such trees should be required
for the site.
We would also request a hearing be held on this appeal so that
additional documentation, expert opinions and sworn testimony can
be presented for the Board's consideration.
Respectfully submitted,
T'
/r Anthony J. O'Donnell, Jr.
Ajor
�ncloe�tra
E
cc: Mr. Joe McManus, Heritage
conservation Officer, Planning Department
Sarah Eaton, Planning Department
city Clerk, City of Miami
I
91 - 78
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RESOLUTION HCB-90-29
A RESOLUTION MODIFYING THE DECISION OF THE ZONING
ADMINISTRATOR AS SET FORTH IN A LETTER DATED AUGUST 1,
1990, CONCERNING MITIGATION FOR THE LOSS OF 13 OAK
TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, 2500
N.W. 22ND AVENUE, BY APPROVING THE LANDSCAPE PLAN, AS
MODIFIED BY THE FOLLOWING ADDITIONAL CONDITIONS:
1. THE 15 NEW OAK TREES, 16'-18' IN HEIGHT, TO BE
PROVIDED ON THE SOUTH PROPERTY LINE BY WAY OF
MITIGATION SHALL BE PLANTED IN A 5' WIDE PLANTING
AREA AND SHALL BE 4 1/2" IN CALIPER;
2. AS FURTHER MITIGATION, METRO-DADE SHALL PLANT THREE
20' OAK TREES ON THE APPELLANT'S PROPERTY TO THE
SOUTH, SUBJECT TO THE OWNER'S CONSENT, WITH NO
OBLIGATION ON THE PART OF METRO-DADE FOR
MAINTENANCE; AND
3. AN EXTENSION OF THE EXISTING DECORATIVE WALL, AT
THE SAME HEIGHT AS THE EXISTING, SHALL BE
CONSTRUCTED IN FRONT OF THE SOUTH FACADE OF THE
BUILDING TO SCREEN MECHANICAL EQUIPMENT.
PASSED AND ADOPTED THIS 18TH DAY OF SEPTEMBER, 1990.
/XRITAGE CONSERVATION OFFICER
NAIRMAN
9 fi -- 7 8
A
ZITY OF MIAMI. P ILORIDA
;NTER-OFFICE MEMORANOUM
ATE! TILE:
Sergio Rodriguez, Director august 17, 1990
Planning Department 3V8JEC7
Joseph Genuardi, Appeal of Planning
IM �Af� t ra t O r REFERENCES: ZC/;t%9y /rl r'nr&trQ7wrIs
loria Fox, i f
Hearing Boards Division=NCLOSURES: Letter of Appeal
R„tlel ng, A 2nning DAgartmant dated 8/13/90
Attached is a copy of the appeal received of the above mentioned
Appeal. Please submit all materials which constitute the record
upon which the decision was taken. Also please include the names
and mailing addresses of all parties who have expressed interest
or opposition in this matter.
91- 78
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;NTE:R-%FFiC= 'JIVAOAANDUtA
Gloria Pox, Chief =_T= ugU''S-' 22 0
Hearing Boards Division
J s4in
A. Genuardi, P.E.
Administrator
:.:ajEC- Appeal of Zoning
Administrator's Deter-
mination
===E=E_-NCas
ENCLOSURES
In reference to the August 13, 1990, appeal attached are copies
of letters and documents from my file.
The following parties should be notified:
Mr. Narinder S. Jolly,
Director of Development
111 N.W. 1st Street
Miami, FL 33128-1988
Diana M. Gonzalez, Director
Capital Improvement & Development
111 N.W. 1st Street
Miami, FL 33128-1988
As to Mr. O'Donnell's reference to the appeal of May 2, 1989,
attached is a memo from Mr. Joel E. Maxwell, Chief Assistant City
Attorney, wherein he gave a legal opinion that the request did
not contain any appealable items.
JAG/jg
ee File
91- '78
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1.
INGELMO VERGARA - SKSILOW
ARCHITECTURE - ENGINEERING - INTERIOR DESIGN
August 22, 1989
Mr. Joseph Genvardi
Zaiing Administrator
275 N.W. 2nd Street
Miami, Florida 33128
BE: Human Resources Health Center
2500 N.W. 22nd Avenue
GSA Project No. 6001-003
Dear Nr. Genvardi.:
Your zonisx3 violation notice dated August 15, 1989 was received, requiring
the replacement of existing oak trees which did not survive&
The oak trees were relocated as a part of the project in order to allow the
expansion of the facility. These relocations were sh=n on the documents
and are a part of the pe-^.nit for this project. Although all precautions
were taken durssxg the ralocation effoit, it appears that several of the
trees have not survived.
We acknowledge that these oak trees ;rust be replaced and agree to provide a
total of eight ne:a oaks to replace those indicated as discussed with Ms.
Karen nxmpscn. Final landscaping for the project: is scheduled for `ovem..-
ber/December and will include new landscaping for all parking areas and
project peri.-neter. As agreed to with Ms. Thompson, the oak trees will be
replaced at that Lurie.
We appreciate your assistance and cooperation.
any gLum ✓ions or ccwents .
3'dS L. Landera, A.I.A. ~`
OLL::ter
Please call me if you have
cc: Mr. James Taylcr, GSA/0,M ,� - ►
Rom C.CA mtructicn, !=.
15
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f3uildino and Zorrrr.q Derartment
City A Nlliani 275 ri'+d. 2 strut
Miami, FL 33129 I
ZONING VIOLATION NOTICE
'iolauon Address:tom--
Date:
d
is
r
IYou are nereby notified that your property located W the above address is in violation u! City of MiainZoning Ordinance
9500 as amended/City of Miami Code. It is necessary for you to remove
or make the following corrections at once:
Roosters (prohibited)/poultry animals- remove
❑
Junk in yard.
from premises.
❑
Provide vision clearance.
Inoperable/untagged vehicles.
Q
Proviae inspector with copy of necessary
r'
Commercial vehicle.
Certificate c! Use.
r--
._-.t
Working without a permit Building/roofing. elc.
❑
Provide permit !or sign(s).
Q
Mechanical repairs.
❑
Remove major/minor recreational vehicles
—
from Iron ard.
_. Boat in the yard.
O:her
Parkin n r improved surfaces.
You must ce se ail viol lions at once. Failure to c; mpiy will result in !egal proceevings
against you. $35.00 dministrative lee is o„e upon receipt o! not;; o.
Zcning Office me
350.7852 f8:00 • 8 3'� am. or a 00 - 4.3^ n m. Mon. • Fri t i.onino Inspector i
i BZ/CA 202 Rev 03/89 { Distribution: White - Owner/Violator: Canary Pe:mit Section: Cara Zoning Section r
71 3S7
91-- 78
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INTER-OFF;CEE MEMORANDWIM
Gloria Fox, Division Chief = Aay 23, .6989
Hearing Boards
s. Notice of Appeal `fled by
i.. / Anthony J. O'Donnell, Jr., Esc
2500 N.W. 12nd Avenue
-3641 E. Maxwell=_==_=eNc�s
C)ief Assistant City Attorney Our Telephone Conversation
4lanning/Development Division :_14CLCSUFES of May 23, 1989
This memo serves to confirm our conversation wherein I
advised you that this Office was of the opinion that the
communication appealed by Anthony J. O'Donnell, Jr., Esq. did not
contain appealable interpretations or decisions of the Zoning
Administrator. Consequently, the non -appealable nature of the
questions raised, in combination with the fact that the appeal
time for the special exception and building permits undergirding
the development activity complained of, work to divest the zoning
board of jurisdiction to address this matter as it presently
stands. a
JEM/db/M112
zc: Sergio Rodriguez, Director, planning Department
Edith c'uentes, Director, Building and Zoning Depart.me::t
Joseph A. Genuardi, Zoning Administrator
suil:;r:no 01medillo, Deputy Oirector, Planning Dept.
Joseph McManus, Assistant Director, Planning Department
3afaei Suarez -Rivas, Assistant City Attorney
91- 78
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AKERNIAN. S)EN ERFIT'.' 8 EIrSON
ATTORNEYS AT LAW
ONC MPICKCLL SOUARC
24" rLOOP
801 6RICK[LL AVCNUC
MIAW.:.9RIOA 33131.2046
.3061 374•9600
1 CLCCOPV 13061 374-SCUS
February 12, 1990
HAND DELIVERED
Mr. Joseph Genuardi
City of Miami Zoning Administrator
275 N.W. 2nd Street
Miami, Florida 33128
Re: Complaint of Violation, etc.
2500 N.W. 22nd Avenue
Dear Mr. Genuardi:
This letter is to advise your office again that Dade County
has destroyed all thirteen (13) oak trees it was required to
preserve under Resolution ZB 20-88 (See my earli&r correspondence
of February 22, 1989, March 8, 1989 and March 13, 1989.). Your
letter of April 17, 1989 stated as follows:
"Thirteen oak trees are to be transplanted according
to approved plans. An inspection by the zoning
inspector did not reveal damage to these trees.
However, if any of these trees ciie they will be
required to be replaced with similar trees."
We expect your office to ensure that no certificate of occupancy
be issued :or Dade County's expanded facilities until the
thirteen (13) oak trees, ranging in height from twenty (20) feet
to thirty six (36) feet, are replaced along the south border of
the property as required by the Zoning Board's resolution to
buffer Eva Nagymihaly's residential property at 2201 N.W. 23rd
Street.
We also reassert all our previous objections to the legality
of Dade County's expanded facilities as well as to the drug and
alcohol rehabilitation facilities which have never been _awfully
permitted on the site and which would lose whatever non-
conforming use status they right have been entitled to one.-P the
proposed expansion of the facility occurs.
Finally, we would demand again that the Zoning Board review
this entire matter to ensure adequate protection for the only
91- 78
�NLANDp -AIAM1 � Q
other property on the block - Eva Nagymihaly's residential
property at 2201 N.W. 23rd Street.
Your immediate attention to this matter is imperative.
Very truly yours,
Anthony/J.' O' Donnell Jr.
AJO/rr
a
91- 78
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L]
AKERMAN. ::N T ERFITT 6 E:DSON
P7TORNEY5 A.T LAw
ONC RR1CKLLL SOUARC
24— MOOR
e01 6RICKCLI AVENUE
MIAMI. rLOR1OA-3131.294e
U051 374-beOO
tCLCCOvv 130e1 77+-does
February 21, 1990
Hama-^elivery
Mr. Joseph Genuardi
City of Miami Zoning Administrator
275 N.W. 2nd Street
Miami, Florida 33128
Re: Naavmihaly - Dade County Human Rgsources Center
Dear Mr. Genuardi:
This letter is to confirm our conversation Today that no
certificate of occupancy will be issued by the City of Miami for
the .above Dade County facility until the 13 :Large oa). trees
destroyed on the site :lave been replaced :pith oak trees of
similar size and can^py. Furthermore, it is the position of our
client, :Jagy-nihaly Properties, that the entire matter should be
immediately returned to the Zoning Board due to the radical
departure from the approved clan 4hich requirea the relocation of*
the 13 large oak trees - not their destruction.
Dade Count.r's contractors h ve installed Some shall, skinny
gu:..bo limbo tees instead of the largo oak tree buffer required
by the Zoning Board. This landscaping provides absolutely no
buffer for our clients residentia_ property and is contrary to
the specific require:nento and clear intent of the Zoning Board , z
action.
aJO/rr
Very truly your
Anthony 6. O'Donnell, Jr.
91 - 78
ORLANDO -20
INTER OFFf:.t'!
Jcsepn A. G-!nuardi
Zoning rl.u4ministrator
Sant -aEC .;orge-Ventura, AA
Assistant Director and
Euild.Ing 0"ficial
GATE marcn 6, 1000 r t E
aEFERENCES
ENCLOSURES
500 ",W 22
As a result cf' you being called to attend an emergency meeting at
City Hpli, the meeting scheduled with vou, Dr. Prieto-?c:tar.
Director of the Public Works Department and myself was cancelled.
Ms. Eva Vagymihaly cads to see you, however, due to your absence
I talked with her. She stated that she had met With you several
limes and this matter has been pending fcr almost one ( 1) year.
.- Nagymihaly also stated that she requested that you hold the
temporary or final Certificate of Occupancy for the project under
construction and you promised not to issue it.
am attaching letter dated February 21, 1990 frcA her attorney ,
.nthony ^'Donnell. Jr. a
Z'incp :here is
no notif!catiOn of
this m.-attEr :n
cur
need ycur .--?commendations rsgardi,rg
this matter. However, ... `ho?
:ear.t:^:e. am
her-r7by informing
the • Cert "i a`„e
i. c
of. "� .;,3ncy
'c'• .
.00rd_r.art,r end
the Znvi.r onmental
Section thaC a
.empov r•. •';r
:'final :er`.+ficate c: Occupancy should not be is -sued
until �h:s
matter has been
clarifiea.
-J'J/ d ja
At t a t!"-en'.
cc: =dith M.-ueates, Director
Dr. Luis erieto-Portar, ni rector/ Public
Pa;,ic Canton, As -sit . i recr.ar. ''c fie En : c reemen;.
Central file
Ms. Eva Magymihaly, 2520 youtr !•!lami Aienue
Miami, FL 33129
Roma Construction, Inc., 1,880 Sheridan Street
•liol lywood, F L 33021
Dade 'C-- tjnty human Pes; ur
Miami, �I
51- 78
i
CITY OF MIAMI. FLORIOA
INTER -OFFICE MEMORANDUM
-o giant -ago .'orge-Ventura
.;ss' Director/Bldg. off+ ciai
I
1
"ROM Cosh\A:u-enuardi, P.EVAdministrator
OATS: March 0, 1990 CILE
SUBJCCT 2r00 NW 22 Ave.,
Dade County Human
Resources Center
FicFEntNccs: Your ?Iemo Dated
Mar. 6 , 1990
ENCLOSURES:
?lease be informed of the following:
have :net with Ms. Nagymihaly and her ;-attorney, ':ntho..*! J.
.Donnell, Jr., several times and spoken - them on the
telephone several times.
2 have repeatedly advised them that all landscaping will be
done according to the approved plans on file.
have also advised them that any trees which were relocated
and died will be replaced with the same species of tree.
a
have spoken to Ms. Diane Gonzalez, property manager for
'letro-Dade, the County architect, Marider Dolly and neir
landscape architect, as recently as-ebruary 22, '9?0. -nc.
tt,ey assured me that _11 'Landscaping :nd trees ..1' _= :..
Scco^_a :c? :ri..... ...eapproved p+any. : hav-a _a: o► rae.: ;�.Pr
that a Z CU will not be apprcv�!d anti- this :s
accomol '.shed.
-^e Caur. ., proposed some changes .c '•'.s. '!aavmiha=v
s:^.e was request:ng that a concrete gall be built
,roper". :_ne. --wever, she insisted .nat •.hey o-a c. :tiall
and plant .gees along the lot line. . '4 s is nct Fc?':s:..1+4
tecause of the space required for the .roes. :also. Ts -not
approve since it would. be a deviation from the
plans.
-he architect and landscape architect assured me `:,at -ere
is sufficient area provided for planting and the trees will
survive. This is disputed by Ms. Nagy:-nihal.y who is nst a
andscape architect. The landscaping is required ', ce
maintained in perpetuity.
' ;erefore, : found no basis for :,he concern at -t,is I- ; -_.
JAG'Jg
cc: 7-dit j Fuentes
Pablo Canton
Cr.
Luis ?rietro-Porter
.6 F.
1r t I? of 4: i%IiI
�SY Of�
-01TH M. FUENTES
Oirector 4.....
Marc!i 12, 1490
1
CES4R H 0010
,:it. `tanawer
Ms. Eva Nagymihaly
2520 Sowth Miami Avenue
Miami-, rL ?? 129
RE: 2500 NW 22 AVENUE
Dear Ms. Vagymihaly:
Tor Jour information, : am enclosing a copy of my memorandum
.dated Marcti 6, 1990 to Joseph Genuardi, Zoning t;dministrater and
cozy of nis response dated Marc,- 9, 1990.
Based upon :tie encics-3d do-.umentation, we fin d ncabasis For your
concern a: thi= time.
?an:_ago Jorge-Venturz, A.=.A.
tant rector any
.`- n c* S u r e _Ci
cc: Edith v. -uent:s, D rectcr
ter. Luis Prieto-?ortar, D_rec :ar; ?ublic :corks
Pablo Canton, Asst. Director/Code Enf. Div.
Joseph Genuard_, Zoning rd:-n_4 4_ZtratOr
C&-.nt rai f:: e
91-- 78
23
41 tIIJ .0r 4 COliamm,
C\t ti�
EDITH M. FUENTES F "► �i�
o1rector
March 13, 1990
Diana `M.• c;onzalez
Director of Capital Improvements
and Development
Metropolitan Dade County, Florida
Suite 29 iC
111 P.W. 'st Street
Miami, FL 33128-1994
Re: Dade County Resources health Center
at 2500 N.W. 22 Avenue.
Landscape Requirements, Permit No. 89-185
G.S.A. Project d 6001-003
Dear Ms. -Conzaizz:
s
CESAR H. ODIO
C:vy Manager
':his is :o con f'_r:^ .-:r discunsion uy telephone on February =2,
1990, together :rich .. . '.ar_der Jol; y, Metro -Dade architect.
You and Jol 7 =ssured :re thac all landscaping, i n,cludinq
trees would be done -according to th.1 approved plans on file with
the .City cf Miami.= also understood from our ^enversation that
ali'oak trees which were to have beer transplanted and died would
be replace^ by ;:ak trees at the locations shown and equal In size
to the exizting. -here Is a hold „r. Issuing of a temporary )r
final Certiffcate of :,ccupancy until these issues are reoolved.
If you do not agree or have any problems with the above, please
contact me as soon as possible.
,pry truly Vours,
I �E: GENUARDI, P.E.
-oning administrator
.'.4G/ 4 g
e• Fdith Fuentes
Sant+ago ,'or-e- :'entura
Pablo Carton
91- 78
BUILDING AND ZONING DFPARTMENT
175 N W. 2no Street: P.0 9alL 330I01:/Mi3mi. f« 33233-0709/13051 337-7957 4
0
AKtRMA'.. S_=NTERFI T T 8 EIDSON
ATTORNEYS AT LAW
ONC ORICKCLL SQUARC
lA" FLOOR
601 •RICKCLL AVCNUC
MIAMI. I'LORIOA 33131.1044
!30SI 374-9400
TCL[COP• I305) 3?A•9005
March 16, 1990
Joel Maxwell, Esq.
Assistant City Attorney
City Attorneys Office
AmeriFirst Building, llth Floor
1 S.E. 3rd Avenue
Miami, Florida 33131
Re: Building Permit Number 89-185
Dear Mr. Maxwell:
This letter is to confirm my meeting with Mr. Joe Genuardi
last Friday, March 9, 1990, where he and I phys cally examined -
the plans officially on file with the City E-or the above -
referenced building permit and determined that the landscape plan
expressly requires the relocation of thirteen (13) existing large
oak trees on the site. Because Dade ':ounty has destroyed these
=rees, Mr. Genuardi has repeatedly advised ;ne that the City would
require their replacement with trees of the same type and size
prior to the issuance of any certificate of occupancy.
Dade County has not followed the above approved plans on file
but has instead planted a few small gumbo limbo trees and tiny
oak trees. These trees were far smaller than the ones Dade
County was simultaneously planting at the Government Center
downtown. Accordingly, our client Veronica Nagymihaly continues
to demand that the City withhold any certificate of occupancy
-temporary or final. - until all of the applicable zoning
restrictions on the property- are met. Because of your absence
from the office today ' am providing a copy of this letter to
Mr.Genuardi so that he can be raminded of our client's position
as soon as possible.
AJO/ rr
Armstrong Coffey,
Esq.
Very truly yours,, Ali'
.Xnthony 1J,� o' Tonne l l ,
91--
78
.RLAue.-
V
0
I�
ETROPOL!TAN DADE COUNTY, F(_ORIDA
MMOCADE
• M:.1_+ .. METRO-DADr CENTER
March 22, 1990
Mr. Joseph A. Genuardi, P.E.
Zoning Administrator
City of Miami Building and Zoning Dept.
275 N.W. 2 Street
P.O. Box 330708
Miami, Florida 33233
Re: Dade County Human Resources Health Center
DDFM Project No. 6001-003
Dear Mr. Genuardi:
GENERAL SERVICES ACMINMTRATION
CONSTRUCTION MANAGEMENT DIVISION
SUITE 2420
111 N.W. 1st STREET
MIAMI. FLORIDA 33123.1968
(M) 37R•4400
Referencing your March 13, 1990 letter to Ms. Diana M. Gonzalez, there are
two exceptions, which I spoke of during our conversation of a few days
earlier. One, that the Cherry hedge had been changed to Podocarpus at the
request of Mr. O'Donnell, Attorney for Ms. Nagymihaly. The asecond, that the
Oak trees being planted, to replace the ones that died. would be equal in
number and the same size as those being planted elsewhere on the site, as
part of new landscaping work. Mr. Landera, our architect for this project,
has informed us that this was discussed by him with your staff during
August, 1989.
Sineeflely, !
r
Nari'Nder S. Jolly, A.I.A., Director
DRFNF Facflities'Development Division
NSJ:sb
cc: Osvaldo Landera, Consultant, Landera, Ingelmo, Vergara, Sklow
Diana M. Gonzalez, Director, Dept. of Development & Facilities Mgmt.
91-- 78
2(o
Y
'.KERNAN. 5EN7ERF=1 8 E!D50N
ATTGRNEY5 AT L,W
ONt &WICRCLL SCNARC
84" rLoo0
!Oo 01"ICRCL6 AVCPOUC
NIAMI. /1.01*10A 3313,-896a
•]Osl 374•s000
March 27, 1990
Via Hand -Delivery
Joel. Maxwell, Esq.
Assistant City Attorney
City Attorneys Office
AmeriFirst Building, llth Floor
1 S.E. 3rd Avenue
Miami, Florida 33131
Re: Bui ldi nq Pern. it NuEber 89-lU
2500 N.W. 22nd Avenue Nacrvmiha1v a
Dear Mr. Maxwell:
Subsequent to cur telephone discussion last „peek in which you
stated you would review the approved site plan on file at the
City of Miami Building and Zoning Department's records division,
I received copies of the attached inter -office memoranda, dated
March 6, 1990 and March 9, 1990, and the 'letter from Santiago
Jorge -Ventura dated March 12, 1990.
I believe certain statements in these documents require
clarification. First, the approved plans on file require the
preservation and relocation of 13 large oak trees which Dade
County has not done and has clearly indicated it will not do.
Second, the wall, fencing and landscaping necessary to buffer the
residential apartzent from the combined AIDS hospital, drug
rehabilitation center and alcohol rehabilitation center are
certainly feasible on Dade County's site at a cost no greater
than the $100,000 it would take to replace the large oak trees
destroyed by Dade County. Third, although Ms. Nagymihaly is not
a landscape architect, she was and is absolutely correct in
asserting that the oak trees were being destroyed notwithstanding
Dade County's assurances to the contrar7 and that Dade county's
architect and landscape architect could never seriously have
intended to preserve them on site given the plans submitted and
the construction practices followed.
.. :,
91 M- 7 8
I copy Mr. Genuardi and Mr. Jorge -Ventura as well as
Directors Fuentes and Prieto-Portar to put everyone on notice
once again that the approved plans on file as well as the express
representations made by Dade County and the City's Planning
Department to the Zoning Board require the preservation and
relocation of 13 large oak trees of specific size and canopy. To
change that requirement would legally necessitate a return to the
Zoning Board for consideration of proper protections for Ms.
Nagymihaly's residential property. In any event, we continue to
rely upon representations by Dade County and City officials that
no certificate of occupancy will be sought or issued while this
matter ,is being .resolved.
very truly yours,
Anthony J. O'Donnell, Jr.
AJO/rr
Enclosures
cc: hip. �6eiivardi'� r;:.
Joni Armstrong Coffey, Esq. •
:fir. Santiago Jorge -Ventura
Dr. Luis Prieto-Portar
Edith A. Fuentes
Tlj of 1-' t ami
UI;?H %i. FUENTES '•y`„'►'�e r'+
flies x''
11tPt'lOt
t �ti ...».,n.••rr
!^^ FLO
March 29, 1990
Mr. tdarinder Jolly, .'.I.A
Metropgl�_-Ltan Dade County, Florida
General Services Administration
Construction Management Division
111 N.W. ist St., Suite 2420
Miami, Florida 33128
Re: Dade County Human Resources Health Center
2500 N.W. 22 Avenue, Miami, Florida
(DDFM Project No. 6001-003)
Dear Mr. Jelly:
CESAR H. 0010
i.lty Niallimt'f
a
I have rezeived voor letter rf 1-larch 22, 1990, addressing the
replacement of oak tr! :a that tried during required transplanting
and change h»dRing.
io not a Dr,:t:;:m :.iV.l rho change from cherry edge to
Podocarous.
However, ttz� replacement oaks must conform with the requirements
of -the Cit of Miani Code, Chapter i', Section 1'?-9(B)(u) and
Metro Cade Code. Chapter 211, Section 24-3, 24-60.3, 2u-60.4
adopted ::::per Ordinance :10. 99-$. Nine (Q) of thirteen trees to
have been transplanted are within the specimen tree category.
Therefore, before planting any replacement trees, have them
approved by this department. I may wish to refer the pr000sal to
our Heritage Conservation officer for recommendations. _
If you require any 'urther information, please feel free to
contact me again.
--ry truly yours,
t_,OSEZ�A. -► td1JARDI, ?....
'•Z�ia� Administrator
91-- 78
f U11 DIN C AND ZONlrsr, DEPARTMENT
f.'S NA' 2np uireevP.O.Bn% 3*A0`08/-%4mrnl.:•l 33233.0706;13051 350-7957
Narinder .lolly
March 21, - 990
Page 2
JAG/ jg
cc: Joel 'laxwe:l" Assistant City Attorney
Edith Fuentes, Puilding & Zoning Director
Santiagc Jorge -Ventura, Puilding Official
Pablo Canton, Assistnat Director
Hect:r Lima, Chief, Code Enforcement Division
File
a
y1
INItH-QFFICE MEMORANDWA
Sant :aflo „orge-vtitit uch
inuildir,l Officiai ,
Jt l�E. MAxwelY
I" CAietF Anuintar& city Attorney
Jlanning/nevolupment nivi.iiuri
April `), 1990 „t. t.-90-0 s?
22nd hvenuel
Certitl4atw uC Occupancy
�F'EHft+i�e Na mihal v. Citz of Miami
et al., Case No. - 68 6 CA 03
Itv:t(13,, 11 Es
Please he adviued that the Circ:ult Court, at a Iktsacing on
Apr `i1 5, 1990, hag formalized the City of Miami's position
regarding the. Isnttance of .3 Certificate of OCcupanuy for an
addition presently ender c:unat.ruction to the Nuruing Home, owned
and operated by MetroL,uiit.an Dada County, at 2500 N.W. 22nd
Avenue. A RtipijInt.ad Order tnaintaininq the status clue on the
^tthject property has been entered by the Court at the subject
,rtring. Babe• can said stipulated order Metropol it:an Dade County
ahAl 1 not tegur-!At a Certificate of Occupancy ("C .A.") or uue 1.ne
newly -constructed expansion of its human resources d4enter (A.K.A.
"Nurning not: nhail the CitJ of :iiani issue a C.A. for
Said or.cupancy c.r use until quvh ;.:me as the lawsult presently
pen,l i ng on r:h is i stil-i r has bean re,.,ol ved or the Court lifts ita
ol,eil1r. Addit ionall;, r.he; Court prohibited Dade County from usincl
those newly con:.tr.•uct:ed nar:;inq spaces which directly abut the
noeith hourrciacy (if the sub jest_ property. --�
Please make. Sure that this information io conveyed' to
everyone, necessary to enforce the Court:'s order regarding the
wit.hholding of th#- c'.o.
There will be A sPttlement meeting at the office of the
County Attorney's Office, 28th Pioor of the Metro -Dade Center, at
9:00 a.m. on 2uec:dey,.Apri1 loth. inasmuch as the staff issues,
at thin point, .iro of a zoninq nature, I, on April b, 1990,
Witirmed Edith Fuenr.ea, oirert;or, Butldinq and Zoning nepartment,
arm -oe Genuarclt of thin meetina.. Mr.. Genuardi has agreed to
attend.
.1RM/ft/r1115
VC: Fdi t:h faentc , Ui Yttc?t(Ir-, tiui.ld i ng and Zoninti nepae'tment:
Joseph A. Cattttar•di, Zari;tg Adminifitrator, nuilding and
Zonli.y r—part.m(tnt
' Warren 0ittner., AR,i:,t,rnt City Attorney
9178
4
E
APPLICAX iJN FOH BUILIDIUG PERMrr
+'A—APPUCANrSMUSTC,MPLETE.'�L,►P:,C-.,_c5PAC7..iH1:.,,N
mmm .rner MM c
'.iait Addtessl 11 N. Tvt 1st SAP, r4IAw, 71A.
`,o Code 33128 -el No —
Dui dingy ;,ontractor ' � CMISr. s INC. Ne 947-395f
�A04722 5ociat st,:u tr;w 036-20-352 ; _
L °r 6/30/89 2Aa2,Q%
-ass Exp Date _ ns L><u Llate
:nglrteer Tt4I�4-II�k13 — ..ddress 151 ti SUE
Wnw CORAL GABLES,
1J.
+rcnited Address.
CONSTRUCTION C B S �X FRAME r7. OTHFR r
-ERESY MAKE APPLICATION FOR PERMIT ?C / E pW rx Iter i - Oernollsn (J
acid h Repair ,. ,, PM. ,-I Remoaai t'j l 0
a Story Amoorttial L; Comrnercial�] i^JUSinal L G
-OMMEACIAL a,c�
:oecsty Use
RESIDENTIAL r
SoactN Use
wo d No. al Nod 'e n
_wing L,,'1lts Bwn)oms _ SicimUnas Petit+
Sewage
Seottc Tank
i undgrsisnd that Samoa oermii must be ODtaaad for ire tnl Ormq items unless specincatty covefud oy ins
:ermn Electrical. pilancing. sea c tarllt neater au conatwnu.g. soauge pits. Dotlas. stgrs elevators. tepee.
._rear enctosums. waa. mallitlq. paving a am. ano that ,n signing tr..s apiwution I am resoonsiole for rite
•,iperwswrl u:a eompaiion of mtit calstruaion intxr
accoance amen t Dram spa saanuM etions . for
-ooRrr ss min as leaaai.'ttate ano county laws apphcaoie Funhat I candy IcnecR Ina joorcanale Dosl
,,that rr•at Ina'! are ro MMs t0 Ot lenpireo p ietoeatoo on In,s sale as a itsuR it ihs construction tot wmcn this
1ppRGaig s suo tiro or ❑ 1 a eee relr,o.al permit 80
0{0101Ca:60., has oeur. approves.
�� ��rf.•/ervy CoMa1NG/tIeAIB _
i S,CirMItME Oi R ��- !j 7RD11
ytxot d Date ACCwild Clerk AccecteJ
UNDER WHICH
PROCESS! JATE
NO
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T
l
I y
DATE ISSUED
it
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LT F❑
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!fs.ISIH1.Rr1�
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�
81.0862 f257'T.0
LUR15S sus.,
.5 SHEETS
f465.0
Qi"r $1964
AMOUNT PAID S
AFFIDAVIT ATTACHED YE NO ❑
ALL620 f1Bb55
=91
.APP
NOrB
ZONING
�.c4
ESOLUTiON
LANDSCAPE A"/
I/�
NO TREE -REMOVAL !KITH THIS PERMIT
NT
PEEOOUIE R' ED
WYENANT
PROVIDED
Q C. U. REQUIRED
!•ORMER USE: a M Vj
SIZE X
FIRE ZONE
STRUCTURAL
J PERMIT as _
❑ SOIL TEST REOUIRED
<; RECERTIFICATION
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-
'HER PERMITS MELN ORED
Q SMOKE SYS"c':
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❑ LANDSCAPE
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MECMA► K.'AL
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❑ ROOF
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8
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a
IN THE CINWIN L' CUllltl' OF THE
.IUUICIAl. CIIWIIIT 01
FI.t)Itll)A. IN AN!)
I OIt DAUB COUNTY
I.A.S1: s':ll 90-06866 (03)
VERONICA NAGYMI11ALY, 'FLORIDA BAR NO. 239501
SUBPOENA
.v,. DUCES TECUM '
METROPOLITAN DADE COUNTY, a
political,etc., et al.,
I)1•f1•n11:u11 g
Tlll..S-rATI•: OF FLORIDA:
Joseph A. Genuardi, P.Z.
Tc): City of Miami Building & Zoning Department
275 N.W. 2nd Street 7�> L 3$
Miami, Florida
YOU ARE. III.11UNll' 01MINIANUia) lit al►lKar l►t•fHr1• Ilw IIHI1111-a ►IP Stuart
M. Simons .lud1;1• HI .aid ('11111.1, :a 1111• Dade 1.11I1111�.
C41111.1111111m. 11t Miami , rlHntl:1. H11 Tues.,, July i01,, 90
a1 1: 00 M. I 1t•%I liY in IIiv a111w1•.l). It.111-alim• alld Ilave w1111 Hu a1 .:utl 111111• ar111 uia1-1•
Ihr l+dluwilig:
Copy of building permit on file with the City 0- Miami
Building and Zoning Department, Permit No. 89-55; plans,
including the landscaping or planting plan for Permit No.
89-185; copies of all correspondence, memoranda and other
written documents in your file related to the Complaint
of VERONICA NAGYMIHALY with respect to that building
permit No. 89-185; copy of Chapter 17 Code of the City
of Miami, Florida
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ANTHONY J. O'DGNVELL, JR.
AKERMAN, SENTERFITT & ZIDSgp is., MARYJ. REYNn1 „r,
A111g7u•v Iur
Plaintifz .,1.111•1►11 1.11•0.
801 Brickcll Avenue
Miami, �.��r i� 11131 (J 1" 78
ry
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Telephone: 305/;74-5600
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6 17.8
MIAMI CODE
to this chapter. Such permit applications shall be
approved by the heritage conservation officer to
verify conformance with the certificate of approval.
Tree removal permits authorized by a standard
certificate of approval shall be subject to the ten-
day delayed effective date and posting require-
ments of section 17-7 (e) and M.
(E) Changes in Approved Work Any change in
work proposed subsequent to issuance of a certifi-
cate of approval shall be reviewed by the heritage
conservation officer to determine whether such
change would materially affect the certificate of
approval. If so, such change shall require a new
certificate of approval pursuant to all standards
and procedures in this chapter. (Code 1967, § 64.8;
Ord. No. 8798, §§ 1, 2, 5.19.78; Ord. No. 9427, §
1(C), (D), 5.27-82; Ord. No. 9769, § 1,12.15.83)
Sec. 17-9. Criteria and conditions for
tree removal.
(A) Criteria for remouaL No permit shell be
issued for tree removal from the site, unless
one (1) 'of the following conditions exists:
(1) The tree is located in the buildable area
or yard area where a structure or
improvement may be placed and unrea-
sonably restricts the permitted use of the
property.
(2) The tree is diseased. injured or in danger
of falling, interferes with utility service,
creates unsafe vision clearance or con-
flicts with other provisions of this Code
or other ordinances or regulations.
(3) It is in the general welfare of the public
that the tree be removed for a reason
other than set forth above.
(B) Conditions for relocation and replace
meet. As a condition to the granting of a tree
removal permit, the applicant will be re-
quired. where practical. to relocate, remove or
replace the trees on the site as follews:
(1) All trees an the site which are to be
removed may be relocated on the site
within the building area or *.e yard area.
(2) If it is impractical to relocate a tree which
must be removed on the site, this city may
swp. Na 1k
117.9
require that the tree be removed and
replanted on city -owned property at the
eity's expense.
_ (3) If it is impractical to relocate and replant
such trees to be removed either on the site
or off the site, because of age, type or
size, the tree may be destroyed or the
applicant may be required to redesign the
project to preserve the tree.
(4) In the event that a tree is permitted to be
destroyed, an applicant may be required to
replace the tree with now freer of comparable
sire, nature and beauty, as determined by
the department of fire, rescue and inspecdon
services or the heritage conservation offl
or by the board. In no instance, however, Shall
the replacement tree be leas than fifteen (1M
feet in height and three (3) inches in dionm oer.
(5) In determining the required preservation, re-
location, or replacement of tzees. the follow-
ing factors shall be considered:
(a) Existing tree coverage on the site and in
the immediate surf ending area.
(b) Number of trees to be removed on the
entire site.
(c) The type, size and condition of the tree(a)
to be removed.
(d) The feasibility oi relocating the particu-
lar tree or trees.
(e) Topography and drainage of the site.
(f) The extent to which the trees contribute
to the aesthetic, economic and environ-
mental integrity of the surrounding area-
(g) The nature of the existing and intended
use of the property.
(6) Where tree relocation or replacement is re-
quired, the approval agency may require that
"M plans be prepared by
uehitect licensed under ader chapter landscape
architect
Florida Statutes and/or that landscape work
be carried out by a licensed landscape con-
tractor. The approval agency may require the
applicant to provide and adhere to acceptable
Specifications for tree relocation or mplaw-
meat. The approval agency may further re-
quire that sufficient bond be posted to maces
proper compliance with terms and conditions
C?
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