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HomeMy WebLinkAboutClass II Appeal LetterCOFFEY BURLINGTON www.coffeyburlington.com Email: pscbwiep@coffeyb�irlington.coni OrFicF IN THE GROVE, PFNTHOUiF 2699 Scum BAYsI-IoRr DRIvF MIAmt, FLORIDA 33133 T: 305.858.2900 F: 305.858.5261 November 21, 2008 Via fax (305-416-2035) and baud -delivery Teresita L, Fernandez Executive Secretary -- Hearing Boards 444 S.W. Second Avenue Miami, Florida 33130-1910 Ms. Fernandez: This letter serves as a request for an appeal of the decision to issue a Class IT Special Permit No. 2008-138, dated November 7, 2008. The appeal concerns the proposed restaurant building located at 3484 Main Highway. Our firm has been retained to represent Karl and Barbara Lange, who are homeowners living in the Center Grove who will be directly and adversely impacted by the action appealed. The bases for this appeal are: 1. Noise abatement: This property, previously used as a restaurant and bar, has a history of noise violations and complaints filed with the Police and Code Enforcement Departments. The property owner has specifically stated that they intend to build the same structure for the same use on the subject property. DDRB minutes dated May 13, 2008 specifically recognize: "There is a need for noise abatement with regard to neighboring residential properties. Please indicate how noise levels will be controlled." However, the property owner has failed to deliver a noise abatement plan or to specifically address the issue, In addition to protecting neighboring residential property owners from unwarranted noise, there is also a need to protect the City's Historic B arnacle Park, which is located directly across the street from the subject property. 2. Pedestrian safety; The applicant has not addressed the dangerous and blind intersection on Manz Highway and Thomas Avenue Alley, at the corner of the subject property. The usual ten -foot (10') "visibility triangle" requirement designed to protect pedestrians in these circumstances has been found inapplicable to the subject property, leaving pedestrians at risk. Alternatively, the building could be set back five feet (5') on Thomas Avenue Alley, also known as SR No. 2004007330, according to county public works department correspondence dated 2004, but this option has not been investigated or pursued. 3. Pam: There are questions concerning the proposed parking adjoining the rear of the subject building. The land is not owned by the property owner since the plans reflect a Teresita L. Fernandez Executive Secretary — Hearing Boards November 21, 2008 Page 2 need for a Unity of Title, and it is unclear if these spaces have already been used by the adjoining building as required on-site parking. Furthermore, the total number of spaces required for the property use proposed is unclear since some of the physical spaces may need to be removed to make room for deliveries or required landscaping. 4. Landscaping: There is a great deal of confusion as to whether the proposed landscaping actually fits on the subject property. Just one example is that the plans dated November 7, 2008 show landscaping directly where the kitchen exit on the rear of the building is supposed to be located. Additionally, the plans still show a tree on the alley side where the previous building went around it, whom in fact that tree has been removed, yet no rnitigatibn is shown for the loss of the tree. 5. Commercial deliveries: The property owner has no discernable plans for commercial deliveries to the subject property. The only possible delivery pattern given in the current plans is to have all deliveries occur by parking directly on Main Highway, thus causing a traffic safety hazard, congestion and pollution. The kitchen opening on the rear cannot be used without sacrificing parking and landscaping. Furthermore, the plans currently show air- conditioning wall units which are not permitted in the SD -2 zoning district. For all of these reasons, we request that an appeal be heard. The community should be given the opportunity to hear what rational guidelines have been established to address these issues thus allowing the class II special pen -nit for the subject property. On behalf of many members of the Coconut Grove community, we hope that you hear our appeal so that a more reasoned and logical overview can be presented. If you need any further information, please feel free to contact me at the address, phone and/or email address on the letterhead of this request. ,Sincerely, Paul J. Schwiep cc: Karl and Barbara Lange