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HomeMy WebLinkAboutR-91-0327.1J-91-309 4/25/91 RESOLUTION NO, 'i 1 _ 3 2 7 .1 A RESOLUTION, WITH ATTACHMENTS, MODIFYING THE DECISION OF THE HERITAGE CONSERVATION BOARD WHICH HAD EARLIER MODIFIED THE DECISION OF THE ZONING ADMINISTRATOR CONCERNING THE LOSS OF 13 TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, LOCATED AT 2500 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA; THE HEREIN MODIFICATION REFLECTING THE AGREEMENT DATED APRIL 25, 1991 EXECUTED ON BEHALF OF DADE COUNTY AND VERONICA NAGYMIHALY (ATTACHED HERETO AS EXHIBIT "A"), AND BEING SUBJECT TO THE EXECUTION BY VERONICA NAGYMIHALY OF THE VOLUNTARY DISMISSALS WITH PREJUDICE OF PENDING LAW SUITS (ATTACHED HERETO AS EXHIBITS "B" AND "C"); AND FURTHER SUBJECT TO EXECUTION OF THE GENERAL RELEASE OF ALL CLAIMS AGAINST THE CITY (ATTACHED HERETO AS EXHIBIT "D"). WHEREAS, on or about August 1, 1990, the Zoning Administrator made a decision (Attachment "B") concerning the loss of 13 oak trees at the Dade County Human Resources Center, located at 2500 Northwest 22nd Avenue, Miami, Florida, by approving the landscape plan as submitted by Metropolitan Dade County; and WHEREAS, Veronica Nagymihaly, d/b/a Nagymihaly Properties, (hereinafter "Nagymihaly"), pursuant to Section 17-15 of the Code of the City of Miami, Florida, as amended, appealed the decision of the Zoning Administrator to the Heritage Conservation Board; and WHEREAS, the Heritage Conservation Board at its duly convened meeting of September 18, 1990, adopted Resolution No. HCB-90-29 (Exhibit "A") by a unanimous vote (9-0) , modifying the decision of the Zoning Administrator; and WHEREAS, Nagymihaly took an appeal to the City- Commission seeking review of Resolution No. HCB-90-29; and WHEREAS, the City Commission adopted Resolution No. 91-77 on January 24, 1991; and ATTACHMENTS CONTAINED y Resolution No. 91-327, adopted this date, reconsidering said Resolution No. 91-77, it is now appropriate to consider the herein Resolution; and WHEREAS, the City Commission after careful consideration of this matter, and subject to the conditions set forth herein, finds that it would be in the best interest of the public to modify the decision of the Heritage Conservation Board as set forth herein and being subject to the conditions 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. Section 2. The September 18, 1990 decision of the Heritage Conservation Board which modified the decision of the Zoning Administrator concerning the loss of 13 trees at the Dade County Human Resources Center, located at 2500 Northwest 22nd Avenue, Miami, Florida, is hereby modified in that the landscape plan bearing the designation "Nagymihaly Properties Plan of Sasaki Associates, Inc., of November 11 1990" is hereby substituted for the landscape plan approved by the Heritage Conservation Board on September 18, 1990, as modified by the agreement dated April 25, 1991 executed on behalf of Dade County and Veronica Nagymihaly attached hereto as Exhibit "A", subject to execution by Veronica Nagymihaly of the voluntary dismissals with prejudice of pending law suits attached hereto as Exhibits "B" and "C"; ands. c k. further subject to execution of the general release of all claims- against the City attached hereto as Exhibit "D". Section 3. The remaining provisions of Resolution No. k= HCB 90-29 are hereby affirmed and shall remain in effect except as *. hereinabove specifically modified. > r t. XAVIER L. S ARMOR ATTE GMM:ra:M2128 pr Ae44-X4 V ^4401-V" A 9V 40 .4 �J4-4 ovoltly eo, A Oej Vy A4. 116 Ar AOV EXHIBIT "A". 91- 327.1 941 001- hIAV 6 14 J,-;L'S Pf Submitted into the public record in connection with item, on OIQ Matty Hirai City Clerks r IN THE CIRCUIT COURT OF THR ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY# FLORIDA GaNERAL JURISnICTION DIVISION CASE NO. 91-08474 (CA 21) VERONICA NAGYMIIIALYt Petitioner, STIPULATION AND ORDER or DISMISSAL WITH PRWUDtCR JOSEPH GENUAR011 in his Capacity as Zoning Administrator* Building and Zoning Department of the City of Miami, municipal corporation, J,: Respondent. STIPULATION OF DISMISSAL The Parties hereto, by and through their undersigned attorneys, show the Court that all matters and things in controversy between them in this action, including costs, have been amicably settled and move that the Respondents, JOSEPH GzNUARDI and the CITY OF MIAMI be dismissed with prejudice to Petitioner. DATED: DATED: NORMAN KALINSKIr ESQ. JORGE L. FERNANDEZr City Atty* Attorney for Petitioner WARREN BITTNER, Asst. City Atty. 1010 City National Bank Bldg. Attorney for Respondents 25 West Plagler Street 1100 AmeriFirst Building Miami, Florida 33130 One S.E. Third Avenue PH: (305) 371-6060 Miamir Florida 33131 PH: (305) 579-6700 Byt By: NORMAN MALINSKIj ESQ. WARREN BITTNER Attorney for Petitioner Assistant City Attorney -Rx STIPULATION AND ORDER OF DISMISSAL WITH PMU1iaCW 91-, 3 72 7 EXHIBIT "B" ¢ 1 ORDER OF DISKMAY,ytT pRWODICE � } t; T9r$ CA118t coining on upon the foregoing Stipulation and the i Court being fully advised in the premises, it is ORDERED AND ADJUDGED that the Respondents, JOSEPH C;ENUhRDY ?f and the CITY OF MIAMI, are hereby dismissed with prejudice, each party to bear its own costs and attorney's fees. DONE AND ORDERED in Chambers at Miami, Dade County, Florida t' this day of , 1991. Copies furnished to: Norman Malinski, Esq. { Daniel A. Weiss, Asst. County Attorney Warren Bittner, Asst. City Attorney j. M791/WB/rcl— Tk IN THE CIRCUIT COURT Cif" TIRE � HLOVE;NTH JUMCIAL CIRCUIT IN AND POR DADE: COUNTY, FLORIDA � GENERAL JURISDICTION DIVISION CASE NO. 90-06866 (CA 03) VERONICA NAGY'MIHALY, Plaintiff, * k� vas STIPULATION AND ORDER { OF DISMISSAL WITH PREJUDICE 1_ M4TROPOLITAN DADE COUNTY, a p litical subdivision of the = State Of Florida, and CITY OF MIAMI, a municipality` of the State of Florida,At ' g; Defendants. STIPULATION OF DISMISSAL t - The Plaintiff and the Defendant, CITY OF MIAMI, by and J through their undersigned attorneys, show the Court that all is i matters and things in controversy in this action, including costs, have been amicably settled and move that the Defendant, CITY OF MIAMI, be dismissed with prejudice to Plaintiff. DATED: DATED: NORMAN MALINSKI, ESQ. JORGE L. FERNANDEZ, City Atty. Attorney for Plaintiff WARREN BITTNER, Asst. City Atty. 1010 City. National Bank Bldg. Attorney for Defendant 25 West Flagler Street 1100 AmeriFirst Building Miami, Florida 33130 One S.E. Third Avenue °# PH: (305) 371-6060 Miami, Florida 33131 �} PH: (305) 579-6700 Bys By: #. NORMAN MALINSKI, ESQ. WARREN BITTNER x Attorney for Plaintiff Assistant City Attorney , ORDOR of OtSHISSAG WITH PREJUDICE THtS'CAUSE coming on upon the foregoing -Stipulation and the Court being fully advised in the premises, it is ORDERED AND ADJUDrEh that the Defendant, CITY OF MIAMt, is hereby dismissed with prejudice, each party to bear its own costs and attorney's fees. DONE AND ORDERED in Chambers at Miami, made County, Florida j this day of , 1991. CIRCUIT COURT JUDGE Copies furnished to: Norman Malinski, Esq. Daniel A. Weiss, Asst. County Attorney Warren Bittner, Asst. City Attorney M792/WB/rcl I STIPULATION AND ORDER OFWITH TH PREJUDICE 2y 1 ` i 2 7 1 GENERAL RELEASE THIS INDENTURE WITNESSETH that in consideration of the City of Miami Commission's: (1) adoption of Resolution 91-319 to reconsider Resolution No. 91-78; and (2) adoption of Resolution No. 91-326 [accepting the landscape plan designated "Nagymihaly Properties Plan of Sasaki Associates, Inc., of November 1, 19900, subject to the modification of said plan as per the written agreement reached between METROPOLITAN DADE COUNTY and VERONICA NAGYMIHALY, dated April 25, 1991 (attached as an Exhibit to Resolution No. 91-326)), concerning the landscaping and mitigation plan for the property located at 2500 N.W. 22nd Avenue (Legal Description: All of Tract A and Tract B less S 170' ZIPES SUB (78-54) P.R.D.C.), Dade County, Miami, Florida, also known as the Dade County Human Resources Center, I, VERONICA NAGYMIHALY0 release and forever discharge the CITY OF MIAMI, its agents, servants, and employees, and any other person, firm or corporation, charged or chargeable with responsibility or liability, their respective heirs, representatives and assigns, from any and all claims, demands, actions and causes of action, whether in the nature of subrogation or otherwise, arising from any act or occurrence up to the present time, and particularly on account of all damages, expenses, costs, loss of services, loss of tax benefits, deprivation of due process or any other civil rights, loss of use, loss of rent, deterioration of view, aesthetic injury, personal injury, disability, property damage, loss, damage or deprivation of any kind already sustained or that may'hereafter be sustained, including reputation or civil rights, in consequence of any CITY OF MIAMI action, whether legislative, administrative or otherwise, arising out of the Zoning Approval, granting of a Special Exception, issuance of building permits, issuance of temporary, partial, final or permanent certificates of occupancy (or certificates of use) on the property located at 2500 N.W. 22nd Avenue (Legal Description: All of Tract A and Tract B less S 170' ZIPFS SUB (78-54) P.R.D.C.), Dade County, Miami, Florida (hereinafter "the incident"), and as a partial consequence of which suit was filed in the Circuit Court of the llth Judicial Circuit, Case Nos. 90-06866 (CA 03) and 91-08474 (CA 21). To procure the said consideration, I hereby declare that I am more than 18 years of age; that no representations about the nature and extent of said injuries, disabilities or damages made by any attorney or agent of any party, hereby released, nor any representations regarding the nature and extent of any legal liability or financial responsibility of any of the parties hereby released, have induced us to execute this general release; that in determining to give this release, there has been taken Into consideration not only the ascertained injuries, disabilities and damages, but also the possibility that the injuries, losses or damages sustained may be permanent and progressive, and recovery, if any, therefrom uncertain and indefinite, so that consequences not now anticipated may result from the said incident. GENERAL RELEASE 5 1_ 327.1 Page 1 of 2 EXHIBIT "D" t hereby agree that, as a further consideration and inducaMent for this general release, this release shall apply to all unknown and unanticipated injuries and damages resulting from said incident, casualty or event, as well as to those now disclosed. I understand that the party and/or parties hereby released admit no liability of any sort by reason of said incident and that this settlement in compromise is mane to terminate further controversy respecting all claims for damages that I have heretofore asserted or that we or our personal representatives might or could hereafter assert because of the said incident. SIGNED AND SEALED this day of , 1991. t WITNSSSSD BY: L VERONICA NAGYMIHALY STATE OF FLORIDA) COUNTY OF DADE ) ss: On this day of , 1991, before me, personally appeared VERONICA NAGYMIHALY,. to me known to be the persons who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. M790/WB/sls Notary Public, State of Florida My Commission Expires: �tr Xt; 91- 327.1 GENERAL MLSASB r , Page 2 of 2 y -_ 4 LOCATION/LEGAL APPELLANT ZONING REQUEST • RECOMMENDATIONS PLANNING, BUILDING a ZONING HISTORY ZONING ADMINISTRATOR :k PUBLIC WORKS No comment. DADE COUNTY TRAFFIC j AND TRANSPORTATION No comments. i At its meeting of October 15, 1990 the Zoning. ZONING BOARD Board adopted Resolution ZB 93-90, by a vote of 7-1, modifying the decision by accepting and , incorporat1mg the Sasaki Plan [Exhibit 19901. #6 dated November 1, OPPONEM and three PB�OPONTS were present RightEN at the meet At its meeting of December 6, 1990, the CITY COMMISSION �+ City Commission continued the above. At its Heating of January 24 19919 the City Commission granted the appeal, as modified. At its meeting of march 28, 1991, the City_ i Commission required this item be brought back for reconsideration. 1 4k i rcf' g� ' - _ r ZB Sept. 17, 1990 • 2500 N.W. 25 Avenue Zoning History 1• A Special Exception for an addition to an existing Home (Live Oaks Convalescent Home) was approved Nursing Zoning Board by Resolution ZB-2088 on February 2 by1 the There were no appeals filed. 988. 2• On January g, 1989, a Building Permit, No. 8 _1 Landscape Permit, No• 99-18h, were issued in compliant'85 and a the plans on file. a with 3• On May 2, 1989, an appeal Administrator' s . Interetation/Deci3ion appealing the Zoning Building Permit. in issuance of a The Law Department rendered a legal opinion that the appeal did not contain appealable interpretations or decisions. At thus time an inspection by a zoning inspector found that the oak trees ton be transplanted were still in their original locations. 48 On August 15 t g 9 9, after receiving a complaint, a .zoning inspector visited the site and found that eight thirteen (t? 6 (8) ' of: ) oak trees which were to have to, been transplanted no longer g existed. Eventually, all y transplanted trees died. {x time. Representatives of MetroiDadeoCoun s issued at this landscape architect assured us that allttr and the design would be replaced. trees that died { V 5 • Without prior approval PProval new oak trees were portion of the .Planted on the � parking area and instead of oak. trees, as shown on the a pproved Plan, along the south x Property line, Gumbo Limbo trees approximately twelve feet` In height were planted. An _after the fact landscape department which wasliance p Plan wag submitted to the r f is plan nor meet the replacealent reqcomuirements �f Cthe a the City Code. approved This was rejected. hapter t? of 6• A lawsuit was filed by the appellant a City of Miami Ap pant again at Metro.padeY Stuart Simon Qn Jul and a hearing held; Dei'ere 0 99G, The judge ti -- - y 4'i. 3�, A I I( I. • i i a 1 r+pto Q s • ° ' + 1+11�b�D N.W. sue. t Y' = L• ,, — .. •j _ •�• I` V •i +, N t ' t11 1 �t'• 0 Ole X N ,t w4 fl,t �. c/•�t� — u� N• I 1 S ' T � t• 1 F.r • .14 It lei mom go" awl Emu WEI alp ►Q � N —: t •�1►cT 8 f + 3 •—� =opt •, . .,a • 1N . •, � � � t I ='1 1� t•� h� i� H.w. I It • t • � 4 �.' — 2 t 11 h • • � � • 1'•I '• NI �I1 ti 1 � ► • t ! • t '11 It 11 1• A d t it =• 1t7 .• 1• 1• �A1 rl •1 � t It 11 HNMI la t�, .•t;•It t fit T R. i �•, 1, �' 1. a� T R t A► : �' �• n a �. t01 tt �at13 a • N ' '�� �t � �: •+ : Ta t J ' 1PI/T 21 N M T Lr A 4to UT LI f t' mil/ ij74 91 r ' tj • ( t is Ao- °" •N M. • , ' � � +• � .+spa � +M ,4 t • � �,, � � � ft Jk (4itu w-► C ;•'L� Y ORS '=b .. M► �_� - August 1 1990 Mr. Narinder S. Jolly, Director - Department of Development and Facilities Management -,' Facilities Development Division 111 N.W. 13t Street Miami % FL 33128-1988 Res Dade' CountyHuman Resources Health Center at 2500 N.N. 22 Avenue, Permit No. 89-185 Dear Mr. Jolly: _ have reviewed your 'letter and landscape plan (dated July 24, find it 1990) you delivered to my office on July 24, 1990 and acceptable with the following conditions:` 1. 'transplant eight (8) existing Gumbo Limbo trees along °. south property tine to locations shown on the plan. 3' 2. Punt �'iftee.^. (15) new oak trees along the south property line, :'fifteen (15) feet on center. The trees shah be at _east 181 high. If they cannot he ohtained ! by a landscape contractor within the Dade/Broward/Monroe county area, then we will accept a minimum of 16, `'ligh h R' oaks. , F ffi, L, ;his will be accepted to rgplace the oak trees that were to be Y , transplanted ° according to the plans approved by the City of Miami , but did not survive.�j :n order to approve a 'temporary Certificate of Occupancy` prior. to.g; the necessary planting and transplanting, a bond must be posted cover the full c,.st Of obtaining, planting and transplantinH Yo :he trees.." 17 l P3ea3e be advise that according to the City of!iae►i� #� �.hapter 17, Environmental Preservation, Sec. 17-15;, Any tttice; r F t� " Ilay appeal any decision made by this department in the term or provision of the Chapter to the HariGage CQn> er.0atj+� 84erd by -filing within ten �Q) days after date of. this ih t,i�t decislon# 4 written notice of appeal to the CItY, Mangle ,. ;... ;.;: i Is, { s AKERMAN• 5ENTERFITT 8 EIDSON AYT maY3 AT Uw . ONR RRICRRh� •OYARt >1N� DOOR - COI RRICR[L tNYR M I�W.IWR/0� .•01•aRN f>tORI R1�•R000 TlIRCON 1301M 37A•11000 August 9, 1990 Mr. Cesar Odic City Manager 3500 Pan American Drive Miami, Florida 33133 :.. Re: Notice of Appeal to Heritage Conservation Board Pursuant t0 Silctie}1 17-15 , City of Miami Code o: Dear Mr. odJL - This notice' of appeal is filed on behalf' of veronica Nagymihaly d/b/a Naqymihaly Properties ("Appellant"), the owner of the real property located at 2201 N.W. 23rd Street, Miami, Florida, pursuant to Section 17-13' City,of Miami Code, The Appellant seeks review by the' City o! 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 1990, which is attached #' Administrator, dated August 1, a copy of hereto as Exhibit "A." The reasons and grounds for the appeal are as follows: - _, (1) The, original .tree removal. and relocation plan .approv�id by the'City_for Metropolitan Dads County's Human ,Rescurces.Centor fs< required the preservation and replanting of thirteen erg live oak trees originally located -in a 65-test wide .open spaces buffer which separated Appellants s property from` the Center: copies cf landscape plan attached hereto as Exhibit "S.") . ( ) The' thirteen (13) large oak trees which' were ' replanted ranged in size from 20 fsst tc 36 feet yin height{(4, *r being "heavily pruned") with calipers ranging from 12 inches to 4$ n inches. (In Exhibit I'D 11 Tree Relocation List) (3) The originally approved plan showed that of the 'histe+n` large oak troop to be relocated, ten trees, 20 to 3,6 fset i bets t were to be planted along the south pr' mmy line for'the p Pp !a ` of buffering the Appellant's property trollthe expansion of `fade County's facility However, the plan shotsd �t tb0 ppQpes �� l dsoapod area where these large 'tress p e d was Ajoh uur "y $%tcn. ,re�soat�►dn ; � x � � r Mon Us rslooetioo wee at�t� `_. pityst"lly, foes _ le. t f.: 34rfsst wids, erso and lgt+er n the 6 feot wide lets to Iands ,, .. s } islands, all the large 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 Zoninq 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 parkinq 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 meet the smallest tree size of those removed and destroyed by Dade County. B. Eliminate the condition that the new tress 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 runninq east/west in the parking lot would be eliminated s and the existing parking spaces along the south border would be moved back five feet (In Exhibit "C"). This would leave two 5- t feat 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 3Kr 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 F, additional documentation, expert opinions and sworn testimony can {` r be presented for the Board's consideration. Respectfully subaaitted, t ,}� . s ' tRR/thony � � O'Donnell , %Tr A � '�. 9 1,�4 'G yJ cc: Mr. Jo• McManus, Hiritaga Conservation Otficar, Planninq Department Sarah Eaton, Planninq Department City Clark, City of Miami I t t RESOLUTION HCB-90-29 A RESOLUTION MODIFYING THE DECISION OF THE ZONING ADMINISTRATOR AS SET FORTH IN A LETTER DATED AUGUST 1, d 1990, CONCERNING MITIGATION FOR THE LOSS OF 13 OAK TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, 2500 M.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. /;HERITAGE CONSERVATION ' A N Y i 1— • t i k N- 7' ZITY OF MIAMI. FLORIDA INTER -OFFICE `MEMORANDUM I i DATE Sergio Rodriguez, Director august ' VILE: 17, 1990 Planning Department tusJEc- Joseph Genuardi, Appeal of Planning i g Adm LratOr REFERENCES: pM!!q a � /l7rn<<3tr�1.'t+��''S ,M Ail for a , i f Hearing- Boards Division Enc�osuREs: Letter Artme"r dated of Appeal 8113/90 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 is this matter. r, f n � jR i§ �1 3 Y n „l WER-0FFiCE :AE?A0RAN,DU1A 1 Gloria Fox, Chief _ATE 'auoust2322 Ztq�0 -tE Hearing Boards Division 3uaiECT Appeal of Zoning _ Administratorls Deter- mination J s A. Genuardi, P.E.=EFe=.E`�c=s i Administrator 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 w Miami, FL 33128-1988 Diana M. Gonzalez, Director Capital Improvement h Development : 111 N.W. 1st Street w _ Miami, FL 33128-1988 As to Mr. O'Donnell's reference to the appeal of May 2. 1989, v 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. 4. JAG, J R. px cc File a tPt�x. .. rya. u. X �1 �p Y Yy- , e 4 9500 as amended/City of Miami Code. li is necessary for you to remove or make the lollowing corrections at once: Roosters (prohibited!/poultry animals remove ❑ Junk in yard. from premises. ❑ Provide vision clearance. ❑ Inoperable/untagged vehicles. ❑ Provide inspector with copy of necessary Commercial vehicle. Certificate of Use. Working without a permit Building/roofing, e:c. ❑ Provide permit for sign(s). ❑ Mechanical repairs. ❑ Remove major/minor recreational vehicles from Iron aril. ._, Boat in the yard. O:her Parkin improved surfaces. 15� You must ce se all viol eons at once. Failure to csnnpty wia result in legal proceavIngs against you. $35.00 dmmistrabve fee n: o„e upon receipt o! notcco. Zrmng Office me 350.7852 18:00 - 8 30 a.m. or s•00 - .t.3^ o.m. Mon. - FrO ,[�►� Zoning inspector BZ/CA 202 Rev 03ie9 j Distribution: While • Owner/Violator: Canary - Parntn Section; Care -'Zoning Socnon z: 1 , iJ . z � VW e- 1 1 "1 Sm INTER•dFMCE MEMORANDUM Gloria Fox., Division Chief = May 23, 1989 -.L¢ Hearing Boards :5.FC7 Notice of Appeal `_sled Anthony J. O'Donnell, by Jr., Esc 2500 N.W. 22nd Avenue /1641 E. Maxwell arrragNCES C�(ief Assistant City Attorney Our Telephone Conversation planning/Development Division 2_k,CLCSUFa3 of May 23, 1989 This memo serves to confirm our conversation wherein Z 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 questionsraised, 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 Cc: Sergio Rodriguez, Director, Planning Department Edit.; :uentes, Director, Building and Zoning Department Josecn a. Genuardi, Zoning Administrator ; Guil_ermo.Olmedillo, Deputy Director, Planning Dept. Joseph McManus, assistant Director, Planning Department Rafael E. Suarez -Rivas, Assistant City Attorney`' 't j' f "- a AKEWAN. SENTEPUIT'" 8 EID50N ATTORNEYS AT LAw ONC A111CKCLL SQUAAC a+*" (LOOM •01 SOMI LL AVCHUC 141A841. r.JAIDA 33431•2946 13061 37-6-6400 iCLCCOwf (3091 374.00OS February 12, 1990 Mr. Joseph Genuardi City of Miami Zoning Administrator 275 N A4. 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 earlik 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. Are inspection by the zoning inspector did not reveal damage to these trees. However, if any of these trees die they will be required to be replaced with similar trees." We expect your office to ensure that no certificate of occupancy be issued for Dade County's Expanded facilities until the thirteen (13) oak trees, ranging in height from twenty (20) fret 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 Dada County's expanded facilities as well asto the drug and alcohol rehabilitation facilities which have never been lawfully permitted on the site and which would lose whatever non- conforming use status they might have been entitled to on R tk�e proposed expansion of the facility occurs. Finally, we would dematnd again that the Zoning Board review this entire matter to ensure adequate protection for the only ae i a } t� AKERMAN.:•EN T ERFITT 8 EIDSON P3T0RNEY5 AT LAW ONC 00ICK966 •OYARC WN e►ooR F 0010RICKCL6 AvCNYC MIAMI. /LORIOA S2131.2964 I�OtI �f�•6�00 tCLCCOPT 13061 37*-6090 February 21, 1990 Hand-nelivery Mr. Joseph Genuardi City of Miami Zoning. Administrator 275 N.W. 2nd Street Miami; Florida 33128 Re: Nacvmihaly —Dade County Human Resources Center Dear Mr. Genuardi: This .latter is to confirm our conversation today that -ro certificate of occupancy will be issued by the City of Miami.for the ,above Dade County facility until the 13 :Large oak trees destroyed on the site aave been replaced with oak trees of: similar size `'and ''can^py. Furthermore, it is the position of''our client, :Jagynihaly Properties, that the entire =attar should 'be immediately --returned to `he Zoning Board due to the radical departure from the approved plan which requires the relocation —of'.'- the 13 large oak trees - not their dsst_-uction. r Dade Count:'s contractors have installed some small, skinny gumbolimbo trees instead of the larger oak tree buffer required }� by the Zoning Board. This landscaping provides absolutely, no a buffer for our client's residential property and is contrary to. quirementa and clear intent of the Zoning Board thee. specific re action. Very truly yours /• Anthony d. ©'Donnell, Jr. i A4rO/rr G _ r t - INTEF.OFFICE Jcsepn A. Ginuardi SATE marcn 6, 1090 ��E Zoning Administrator II %, � i++i .1.? rii%E' - -.�U.. SUILECT -rjOl7 Santiago .:orge-Ventura, A • I.A. REFERENCES "�'•' A33i3tailt Director and Building Orficial ENCl03URES 1 As a result of you being called to attend an emergency meeting at City Hpli, the mpAting scheduled with you, Dr. Prieto-Pcrtar. Director of the Public Works Department and myself was cancelled. Ms. Eva Nagymihaly came to see you, however, due to your absence I talked with her. She stated that she had met with you several - :imes and this matter has been pending for almost one ( t) year. M3. Nagymihaly also stated that she requested that you hold the 'temporary or. Final Certificate or' Occupancy for the project under construction and you promised not to issue it. am attaching l._tter dated February 21, 1990 frcA her attorney, Anthonv ,;. ^'Donnell. Jr. s "inca_ ..here :s no nott.`.catian of this matter :n cut need your_ricammendations .regarding this matter. However, n the ..ean ime, _ am herrby Informing- the Certificate of--C-.oanc; .00rdirarcr and the Znvtronmental Section that a :emporary fir =:nal ertificate c: occupancy should not be J; cued until- this matter has been clarif+ea. "'- 3J7 dig At!acM!+er,' cc: dith M. =uentes, Director 0r. ..uls rrieto-Fortar, ^- rector/Public Wor!(-- Pa:►ic canton, A3.3t. 71rector.'''cde En - crcemen: Central f=i e Ms. Eva rtagymihaly, 2S20 South miami n,,enur , u' Miami, FL 33129 coma Conatruction, Inc., 1880 Sheridan Street Hollywood, FL 3302: A . Vade C,aUnty F•�r. an Qea�urc.:: H- •'"f 7erter, M.i am i 91 '�' -� ,.aat_ago .,oo^n: Marc: a, rge-Ventura 990 Ass,:.. Director/Bldg. Of:': ciai fufJccT. 2500 NW 22 Ave., .. , Dade County 'r'umar: Resources Center -�' RSFcRCHccs: Your *Iemo Dated os A. Unuardi, P.E. ep Mar. 6, 1990 inVAdministrator [NCLOWR[f: Please be informed of the following: . i have met with Ms. Nagymihaly and her attorney, nthor._► J. O'Donnell, Jr., several times and spoken to them on the telephone several times. — _.�'` have repeatedly advised them that all landscaping wi:: be done according to the approved plans on file. �. have also advised them that any trees.which were. relocated and flied will be .replaced with the same speciesof tree. have sooken to Ms. Diane Gonzalez, property manager. for. Metro -Dade, the County ,architect, Marider Jolly and .heir andscape architect, as recently as 7ebruary 22, '990, :rc they assured me that -all landscaping -nd .rees r a�co-•_:;c� :.it;: ~'-:e appro�Pd pans. ha,:e _n:otme:: .�pr '«i:l that a :0/CU not be approv-id untill this j _., .ccompl Lshed. ;V kn he proposed some nhanges to *.!s. ::aaymiha_y zh,e was requesting that a concrete wal: be built a? or=•- -er ;-roper.y '.ne. izwever, she insisted that they o_a^� •al: an,d plant .Meer along the lot line. 7h,'s is net Pon s_tlP tecause of the space required for the trees. Also, l la -now '.t approve since 3L would' be a deviation from the a-tM-•:ed kR ;:ans. ;. ^he architect and landscape architect assured me "nat .-ere sufficient area provided for planting and the tries wily A survive. This is di S utzd b Ms.' Na .*, p Y gymiha l.y who i s , landscape `architect. The landscaping is required • ; oe xri Uintained in perpetuity. ' refore , found no baais f Or the concernON JAG' g t cc. .alit h FUente+ 3e010 Canton Luis ?Pietro jA -Porter .Cr... y I + \ Tk I (4itv af roi-iarai -- ~� j eD1TH M. FLE`tE5 .. CESAR H 0010 ij ri March 12, 1990 l Ms. Eva'Nagymihaly 2520 South Miami Avenue Miami, FL 11 129 RE: 2500 Nil 22 AVENUE Dear Ms. Nagymihaly: =or your. information, am enclosing a copy of my :nemcrandum sated March A, 1990 to Joseph Genuardi, Zoning Administrator and a co:,y of ::_s response dated larcn 9, 1990. ' _� � u . < o+ Based upon ..e enclosed dor_:�en_aL_on, we _nd ..r,abasis for Sour o concern at this time. 1 • e ry : ru l v • A r .. , ..i f i -Tantiago'.;orge-Ventura, _A._.A. s \sa..s'ant :rector and -� :.n c_..3... ey cc: Edith M. Fuentes, Directcr ..r. Luis ?rieto-.or„¢r, D_. eGtar, . abii.. Works i Pablo Canton Asst. Director/Code ade Ef Div. , vosephGenuard_, 'oning Ad iniCtrato.» b e 4 a ,♦ }�a `i w e I �& got- ". F t i _ Y 3 2 y �' tZIT .rr � 4-TUan-ti�•, �yoe EDITH M. fUENTES �► �► +• CESAR H. 0010 Dr�ttor r; jr .�' 1 City MonaKer T/ t ��'co f►o��� March 13, 1990 Diana `M.: Gonzalez Director of Capital improvements and Development MetropolitanDade County, Florida Suite 291C' 111' P.W. 'st Street Miami, FL 33128-1994 i Be: Dade County Resources Health Center i at "- 2500 N. W. 22 Avenue Landscape Requirements, Permit No. 89-185 G.S.A. Project # 6001-003 a Dear Ms. Gonzalez: r} :his is to conf=r-:_ •:r discussion Uy telephone on February =2 1990, Loget;:er :pit!^ '.'r. Mar:.dez• Jolly, Metro -Dade architect. You. and ►.r. Jolly assured :re that all landscaping, including trees would be done according to;tha approved plans, on file with the ,City cf Miami. i also understood from our _onversation that a? l' oak trees which were to have .beer transplanted and .died, wou .d j,5# be replace;° by oak treee at the locatians shown and equal in size . to the exizting. • "::ere :s a .Hold .:r. ssuing.:oi a temporary:. final Certif care or .•ccuaancy.until these.zssups are reuolved...: } If you do not agree, or have any problems with the above, plebs contact me as soon, as possible. .wry truly •ours,: F t.. 1� J;.E A, GENUARN, P.E. -oriing 4dministrat6r VIAG/ip �. r ii a , V� t alwet:! rtrp1 tura Pablo "a.9* n �! ROWING AND T.ONINQ WPARTMIN1I X's W.;no ftreftep,0 P4 J)POG/A04mm,, is 33133-001f1W) A ? S - ATa/rr MR Y' 91 1` a x aaw i TpOPOLITAN DADE COUNTY, FLORIDA f-- 1 METROOADt e: :.METRO•DADE CENTER - - GENERAL SERVICES ACIiM STRA"ON CONSTRUCTION MANAGEMENTO� MION SUITE 0 I I N.W. 111% STREET MU1ML FLORIDA 331Ml1•IOU 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 DOFM Project No. '6001-003 Bear Mr. Genuardis 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 second, that the Oak trees heing 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, a has informed us that this was discussed by him with your staff during August, 1989. I Sinaefply, •I T;NrJ Nerffider S Jolly, A.I.A., Director ORFNl Facflities'.Development Division �5 NSJ:sb E cc: Osvaldo Landera, Consultant', Landers, Ingelmo, a ara, Sklow Diana M. Gonzalez, Director, Dept, pf Developments Facilities Mgmt. x s r� �w t r owc 604com►► sounwe 8... •►oow $as 641CRt66 .va+ue r►0010. 30131•1fN vos) as.•s�oo +t.eeo�• aefl ss.•aoos March 27, 1990 Via RandrDelivery Joel. Maxwell, Esq. Assistant City Attorney City Attorneys office AmeriFirst Building, lath Floor 1 S.E.3rd Avenue Miami,.Florida 33131 Re: Building Permit Number 89-185 2500 N.W. 22nd Avenue-Nacvmihaly a Dear. Mr. Maxwell: Subsequent to our telephone discussion last week in which you stated you would review the approved site plan on file at the City of Hiami Building and Zoning Department's records division, I recerrred copies of the attached inter -office memoranda, dated March 6, 1990 and March 9, 1990, and the fetter from Santiago Jorge -Ventura dated March 12, 1990. I believe certain statements in these documents require clarification. First, the approved plans on files require the preservation and relocation of 13 large oak trees which Dade County has not done and has clearly indicated it will not do. Second, the wall, fencing and landscaping necessary to buffer the residential apartzrent from the combined AIDS ,hospital, drug rehabilitation center and alcohol rehabilitation center are certainly feasible on Dade County's site at a cost no greater than the S100,000 it would take to replace the large oak trees 4 destroyed by Dade County. Third, although Ms. Nagymihmly is not , a landscape architect, she was and is absolutely correct in assorting that the oak trees were being destroyed notwithstandine� Dade County's assurances to the contrar7 and that Dade County** architect and landscape architect could never seriously have intended to preserve thew on sits given the plans submitted And the' construction practices followed , � Y: �r11 a f 4fl'ja i. Ali t t i tit, f i E \TES CESAR H. Unto = "' r �Z1 Ctty ti1411JUM ;1rer � `A tl NON !arch 29, 1990 Mr. tlarinder Jolly, '-I.A Metropc6l%tan Dade County, Florida General Services Administration _ Construction Management Division 911 N.W. ist St., Suite 2420 Miami, Florida 3312$ Re: Dade County Human Resources Health Center 2500 N.W. 22 Avenue, Miami, Florida (DDFM Project No. 6001-003) Dear Mr. ,Iol_y: k; I have received yotir letter cf March 22,, 1990, addressing the replacement •-)f oak trs :;s that died during required transplanting "~ and change hedPinq. - ? do not n.ave prc!:.;2m with the change from cherry hedge to ; Podocarpus. ti7 However, tta replacement oakz mu3t conform with the requirements <, of .the :it; of Miami Code, Chapter 17, Section 17-9(H)(4) and t = t� Metro Cade Code. Chapter 2.4, Section 24-3, 24-60.3, 24-60.4 adopted =u der Ordinance No. 39-8• Nine [o) of thirteen trees to �4£� 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. , Jv s If you require any `urther infcr^iation, please feel free to f� contact me again. 11 Q 4 a•`r'4 •er'� truly Administrator Kit " �,� �. �' +�+t9tirtlSN/P•�•�n4 �1�e�✓�tAt!!1. rl<;3Z)S�1ti9�tf 3'�'lti�_ ,2 j tsF R r IN 1 t:K •()FP10E MEMORANDUM ,Sant t.ic3U Jcr L-clr+nturi+ :,:�. April �), 1990 .i1. ` nuildin7 Official r.rlr�r 2500 I.W. 22nd Avenues cArtiricate tjof occupancy, •J1 F:. Maxwel Na mihal V. Cit cat Miami .r,F'EMEru•.r. CA 03 ,• CA is f Ann iota t v i ty At Lorne}• e.•t ,:, -Case No* I /lanniny/bevelcpment nivlslun Please he .'idviued that t1�L Cic�uit Court, at a Ikuaiing, on Apr 'i t 5, 1990, has formalized t.hn City Of Miami's position regarding' the. tanuance of .7 Certificate of Occupancy for an addition presently under �_unt�t.ruotton to the Nur:►ing Home, oanod and operated; by Metropolitan Dade CAunty, at 2500: N,W. 22nd :Avenue.:_'' A . Stipul4ted girder maintaininq the status quo on :the }' r 11h jert property has been entered by the Court at the subject 5 .a-arri'ng. Baued on said stipulated order Mettopol itan Dade County 3hA1 1 not rcquelst r. Certificate of occupancy ' t "C .A.") or use une newt constructed expansion of its human resources tenter (A.K.A. "Nurning flom,%"), not: nhall the Citj of alarm issue a C.O. for ry bald: occupancy or use unttl 9. uc:h t.ime as the lawsuit: presently *aniiing on this istme has been reuolved or the Court lifts ity 3 t)r•eilir. Additionally, the courrJ t. prohibited Dade County from ctsin thohe newly conatr.ucred nar:cinq spaces which dir. c� abut :zouth houndary of the sub j"cL property. Please make P sure that this informatton is conveyed' to • evar:yone necessaryto #,nforce the Court'e, order regarding fh wit.hholdinj of. that C..7. There will be a Rettlemmnt• meeting at the office County .Attorney's Off ice, 28t:h Floor. of the MRtro-wade ChAt�er,• at x, y s 9 coo a.m. rin Tuettsday, . Apri t 10th. inaatnuch an the sleff. isd�te8 at this point, ,are ,)f =a zo�i�nq nature, i, onApril 6. 199Q,' 3 M { n formed Edith r uentes # Director, Building &lid , zoning Department. a* :oe Genuardt of thin meeting, mite Genuardt Iths ag.rood to -,,a i W;�r Ism/db/Flii5 VC; Edith tolentons Director, t#ulAaing and zont119 nap,st•tment I f Joseph A. c'senrla►•tii, 'J'Oni;tg A4miniattat0r IdLttg and:_ Xpol►.y h�pprt; Pntvx ; "'�1�►s•�•el� �itt���K� �'1A;ti ar,At�� r��)► A►Ci.ortla,. � ,,°;_ ��;,,r, � _= ��.x 17 t� APPLICrNON FOR BUILDII:3 PERMIT APPUCANTS MUST =MPf.ETE r" #% P_.LAo.E=ks m7wlt mmm um CCmm - +aii Aoores21- 1 v. IPk 1S't SprT, Mmw 0 fie o Coos 33128 ' fI No 3� 0 rorn,aao� ► ROM CXt+ST. , IIC. �: ;� 947-335F CG=4722 NO :,o„i yi, ,,,f Iw 036-20�-362 0 — ass W Dale 6/30/89 ins UL, Dais 2112AM _nQ~LAv4OEFW—]14=b — �Oorfts 151 k CORAL GAWM v ::. :Rnnaa �ooress :ONSTRUCTION C B S. @1 FRAME (. OTHER -EREEIY MAKE APPUCATION FOR PERMIT !C / C. .,.a I per I (j aiw L_ Amw t7 Perron (l 4enrooei 2 Sio,; %si mmm C Qwmn*=i7] irvirLa,ai 1 p :OMMEACIAL z a= �/ �� a :oocLlii Use RESIDENTIAL SofeAY UN NO of Na a No a t4..M ALA a _.Yaq U:'rts Bfd,voms _ SlolsiUnas ssTank :mm E»crical. 0~4 ""cum mew. a, co' iorueniiq. s MA" ofs. ooi,fn. "" f,swws. wlef. -men wKstis ras. "at IO" p prAv & ow. am Im in tw"M4 sooteon arI am ifsoonsieu Iw NM -.iorrason ano coelo~ at w4 emvucwn in aeeon mef aMn NM omm ano sofciiicaiiero rrrl for _Ornolial-1 wlw so amm.'1t w ma COLONY laws aootocame P~ I Ce"Ay lonfes vo •ooroww" awl .imfr r^n•ain01ewnoommDefWFOAGar"meow on►nasmuawwrlira consruraia+Nor wlienme =140,Ww w p a waf NNNOIiM Doi' sooruun nss R ounr ear +�+ Ayaa a 04Dar AcaoNo L-a� Cten, Ae:soieo •. < t: f/ ZCW NC PLANE REVI W 3' : l rT L AREA v a �f r'EE S �i r -.EW -- — -- - - -- - ,DDITION �a Ls110 0. FT COST t / .-V.V!r6m FEE S G 7 T 4d ;EMODEUNG �Qo� k. FT OOST S /VD WO FEE 912 / Do od SO , �r COSTS FEES 4SULAT_ ION /.�QO 19 FT COST S FEES Y `S_ 0U �JQJF• ll10 COST S eee Y `, + r 1iLA0►/P' In—,& IfACO k C0J3 -- i coca s72 /7 d tl7 SS A� Y! i FEE 90 04 4 41 iIJ i ..r....._ .. —. - Is 1 1 O AV i J." USCTACAi. Q FIRS i k PWY6iNGI APP RE SUAFSSip!► PIIIrVEl+T1(N �+NAFiE F19E . /.. i,. , I s SYSTEM CI $TANp FLAPS y 1 MEi' ALAI L I� OE►+19'.lTlpl p i++ VA C ® ® Fl g $PgINM.ER r c _ I: F . , FiR Fir 40 Ahri=pomm REP. man IN 'fill.. t'il:Cit:'i' Ct)Ula or 1'111: 1:1.::1'I.NTII .1U1)IC'f.11. C11tC.11iT OF I�l.f)Itli)A. 1N AN!) •� FOR DADE COUNTY 1:n:�r.,;1,_ 90-06866 (03) VERONICA NAGYMI11ALY, 'FLORILA BAR NO. 239501 1'lainul•f SUBPOENA .V14. DUCES TECUIIA ' METROPOLITAN DADE COUNTY, a political.etc., at al., 1 Mfi•nd:►nt g • Tllt•:.ti7ATIS 1)I'' FLORIDA: Joseph A. Genuardi, P.Z. 71): City of Miami Building Zoning Department 275 N.W. 2nd Street li 3� Miami, Florida YOU Alit:Ilk' :111:11Y ClAIMANDED lu:slelm-lr lN`fum till-Iluniasdde Stuart M. Simons Altimt. III .:till ('4011ri, al till` Dade �•INutla (' Miami Tues. uultlunlsis• oil. Tues., slit July 101�1 90 ; � .1.00 5 P. ,.� :11 • 1. 11/ Ir?lify ill the 111move 2.1 vilrl valor. $still 11.1ve N•1111 !•11t1 ill -ilal 111111` 411141 IIIAtY• Copy of building permit on file with the City of tliaat Building and Zoning Department, Permit No. 89-165 plans, including the landscaping or planting plan for Permit No. 89-185;copies of all correspondence, memoranda and other written documents in your file related to the Complaint i of VERONICA NAGYMIHALY with respect to that .building permit No. 89-185; copy of Chapter 17 Code of the -City, of Miami, Florida 3 If y4stl 1161 11l alilo•ar. Viol utav IN• in rrn11•nyll 111' t'uiu I. 1'/N1 ilrl• 711111INN`ILIIYI 111 altim-ar is) ilie fttllup•i11K alls►rlafyI. will Inlimh I•sruulal I'nim AIlit, l4olslMN`lla by Ilirm, i111t/riii yi 11r till` l'4sim, Visit tllall 1•1`I.j l$ill��!__ MN7ti1 :17.11111•1•Il'I:r z s� �1'ITAI:�ti 111v 11:u111 :uul llir :a•al ,11' .coil l41111*4 uli i'•1 ,.,. ,�.�. •IA l 11.1'l►' Cir 91111 111111 - ANTHONY J. 0 DONDTLI, r J R• �` =MN O ZENTERFITT' 6 ZZDSON Plaintiff 1 �►Il 1'+'►•�'� � A1U11'1n•y 1•t1r , B ckcl Avlu ��� 4 7-774 yr { ,:� ` Telephone; �0�l�'4•�S6Q�1 ��E���y�� h, NIIAMI CODE 117.11 to this chapter. Such permit applications shall be squire that the tree be removed and replanted on city -owned property at the approved by the heritage conservation officer to verify conformance with the certificate of approval. city's espens& Tree removal permits authoritod by a standard (3) If it is impractical to relocate and replant - certificate of approval shall be subject to the ten- - such trees to be removed either on the site day delayed effective date and posting require• or off the site, because of age, type or Monts of section 17.7 (e) and (f). size, the troa may be destroyed at the — (E) Changes is Approued Work Any change in applicant may squired to redesign the work proposed subsequent to issuance of a csrtifi• project to Prret1/e the tree. cats of approval shall be reviewed by the heritage (4) In the event that a tree is permitted to be conservation officer to determine whether such destroyed, an applicant may be regWM to change would materially affect the certificate of mph the tree with new trges of comparable approval. If so, such change shall require a new miss, nature and bganty ae determined by certificate of approval pursuant to all standards the , trsew and inspoodm and P'd in this chapter. (Code 1987, 4 64.8; services or the heritage conservation aeLosr Ord; No. 8798, If 1, 2, 5•19.78; Ord. No. 9427, i or by the board. In no instaaoe, b0weeee, shall, i(C), (D), 5•27.82, Ord. No. 9769, 4 1.12.15.83) the replacement tree be less than AReea (lei - fiat in hit and three (8) inches in diame0M sec. 17-9. Criteria and conditions for M In deta'mining the required tree removal. location, or repstrOss, the f0ilm- (A) Criteria for rernouaL No permit shall be had factors shall be considered: issued for tree removal from the site. unless (sJ E tree coverage on the site and is one (1) of the following conditions esists: the immediate surundiag area: (1) The tree is located in the buildable area (b) Number of trees to be removed m the or yard area where a structure or improvement may be placed and unrea• satire site. (a) JU type, sirs and condition of the trssGs) : sonably restricts the permitted use of the to be removed. f' Property (d) Mw feasibility of relocating the partipa• —(2) The treeis diseased. injured or in danger iar tree or t:ess. (rsA) Topography and drainage of the dte. }4 m of falling, interferes with utility service, iw cdmt to which thet� i creates unsafe vision clearance or con- W to the aestbatic. sovnomic and aavirah- J pieta with other provisions of this Code mental of fire surrounds area. ; or other ordinances or regulations. (g) The net= of the � iatoMed ! , (3) It is in the general welfare of the public use of the pgoporty. that the tree be removed for a reason (�cation °r L.cei"A m s other than set forth above. (H) Conditions for relocation and rsplara landip�Pe plans be prep by a landanpa , Mont. As a condition to the granting of a tres adduct licen"d under ci"Pow ' QUA*: , removal permit, the applicant will be re• g da anw r that lead quirod. where practical. to relocate, remove or be decried out b7 at lie eked �� { T replace the treed on the site as follcas: tlacOaR'.'ihe aPi►m .�""-, umy � �r (1) All tress op the site which are to be P prm►ido and adhere to tabs • t0 1 fortrole x removed may be reionted on the site meat, Rio �' within the building area or tks d are& ,a�p�'1►� Nifficin bond bep"04'" o quire (2) it it Is imprewcal to relocate a t." whieb must bea�oved oaa t0 eito, tow city may u f" 1 f5 sum� K - t , Zr, Z, Z, Z, Z, Z, 2201 N.W. 23 Street RV. 4 E r- 4 MNT- .06 In —Nw - Yl. 0! AAAI Aw. 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