HomeMy WebLinkAboutZB Appeal Letter & Supporting DocumentsE
TEW • CARDENAS LLP
A T T O R N E Y S A T L A W
MIAMI • TALLAHASSEE • WASHINGTON DQ
A:IANO A L. QVIRKr,
4i'RI'rER'.S DIRECT IANE: 30:5.536.$2 (£1
E, -MAIL: A{ ((getup w.com
December 19, 2008
Ms. Teresita Fernandez
Clerk of the Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
FOUR SEASONS TOWER
15TH FLOOR
1441 BRICKELLAVFNVE
MIAMI, FLORIDA 33131-3407
T 305.536.1112
F 305.536.1116
WWW.TEWLAW.GOM
Re: NOTICE OF APPEAL - Building Permit Application for
Construction of Billboard at t 330 NW 2"d Ct.
Dear Ms. Fernandez:
Please consider this as a notice of appeal' of the denial of a building permit for a
sign located at 1330 NW 2"d Ct. ("the Mary Mays Sign") by the Zoning Administrator,
Lourdes Slazyk. On November 5, 2008, Outlook Media of South Florida LLC
("Outlook") submitted an application for a building permit for the Mary Mays Sign, On
November 14, 2008, Outlook filed a petition for writ of mandamus ("the Petition"),
requesting an order directing the City to process and issue a building pen -nit for the Mary
Mays Sign (attached as Exhibit A). It is a ministerial act to issue the building permit,
because Outlook has met all of the requirements for a permit for an outdoor advertising
sign, as asserted in the Petition.
The City now asserts several bases for the denial of the application for the Mary
Mays Sign in the notice of denial dated December 8, 2008 (attached as Exhibit B).
However, the proper venue for these arguments is in response to the Petition currently
pending in the 111h Circuit. Without waiving any rights, remedies, or arguments to be
asserted in the pending action in the 1 lth Circuit, Outlook responds as follows:
Waiver
The City has waived any Tight to assert that the joinder of CBS Outdoor Inc. is
required in the building permit action, or that a partial assignment of any rights requires
the approval of the City Commission. In fact, the City states in the December 8, 2008
letter that CBS Outdoor authorized Outlook in writing to file application-C1J f'bi;Raq*3
'A petition for a writ of mandamus was filed on November t4 2008, to require the City of Miami to
process the application and issue a building permit for the Mary Mays Sigel. Outlook hereby files this
appeal of the denial issued by the zoning administrator, without waiving any arguments, rights, or remedies
assented in the petition for writ of mandamus.
'09 0E' 19 PH =0
Ms. Teresita Fernandez
December 19, 2008
Page 2 of 3
The City signed the local government permission section of FDOT Form 575-050-04 on
June 12, 2008, certifying that the outdoor advertising sign is "in compliance with all duly
adopted local ordinances and has been or will be issued the necessary permits."
Subsequently, FDOT issued a permit for the Mary Mays Sign, FDOT Tag # CG 920 and
CG 921.
The City cannot now assert that the sign is not in compliance with the ordinances
and agreements pertaining to outdoor advertising signs- the City has waived that
argument by affinnatively stating that the outdoor advertising sign is "in compliance with
all duly adopted local ordinances and has been or will be issued the necessary permits."
Compliance with all requirements
The Settlement Agreement with CBS Outdoor provides that CBS shall receive
credit for all signs listed in Exhibit C to the agreement. Therefore, signs have already
been removed to provide credit for the issuance of a permit for the Mary Mays Sign. The
permit fee is due at the time of issuance, and Outlook is ready and willing to bring a
check for the permit fee immediately upon issuance of the permit for the Mary Mays
Sign.
October 24 2008 Letter from CBS Outdoor
Apparently, CBS Outdoor sent a letter on October 24, 2008, withdrawing the
Mary Mays Sign as a location for an outdoor advertising sign under the CBS Settlement
Agreement (attached as Exhibit C). However, as noted in the December 8, 2008 letter,
CBS Outdoor is not an applicant for the building permit for the Mary Mays Sign -
Outlook and Mary Mays are the applicants. Therefore, CBS Outdoor does not have
authority to withdraw the building permit application.
Furthermore, the City acknowledges the agreement dated June 10, 2008 between
CBS Outdoor and Outlook (the "Mary Mays Agreement"). The Mary Mays Agreement
provides that "neither [Outlook] nor CBS will build, sell, convey, lease, or in any other
way seek to gain monetary consideration with respect to the [Mary Mays] Lease and the
Permit(s) without the prior written approval of the other party." The City cannot rely on
the Mary Mays Agreement as a basis for the previous grant of local government
permission, without recognizing the section of the agreement that prohibits either party
from interfering with the Mary Mays Lease and Permit(s). In fact, the City tried to
previously assert that local government permission for the Mary Mays Sign was granted
in error. However, Outlook appealed this decision to the Zoning Board, and prevailed
(See Resolution dated October 20, 2008, attached as Exhibit D).
The City has previously granted local govermnent permission based on the Mary
Mays Agreement, which has been affirmed by the grant of the appeal by the zoning board
on October 20, 2008. The City cannot rely on the Mary Mays Agreement as a basis for
the previous grant of local government permission, and completely ignore the provision
that prohibits CBS Outdoor from interfering in any mailer with the Mary Mays Sign.
100 DEC 19 PM 2:06
TEw CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avcnue, Miami, Florida 33131-3407 • 305-536-1112
Ms. Teresita Fernandez
December 19, 2008
Page 3 of 3
Consequently, the letter dated October 24, 2008 has no effect on the building permit
application for the Mary Mays Sign submitted by Outlook.
For the aforementioned reasons, Outlook has clearly met all prerequisites for the
issuance of a building permit for the Mary Mays Sign, as asserted in the Petition. In
accordance with Section 1800 of the City Zoning Code, any aggrieved party may appeal
to the zoning board. Outlook is undeniably an aggrieved party of this denial by the
zoning administrator, and has standing to appeal this decision.
Therefore, pursuant to Section 1800 et seq. of the Zoning Code, Outlook has
submitted this notice of appeal, to preserve any rights, arguments, or remedies related to
the denial of the application for a building permit for the Mary Mays Sign by the zoning
administrator. However, Outlook looks forward to making these arguments in the
pending action in the 11th Circuit.
Sincerely,
at*o��
Amanda L. Quirke
cc: Santiago D. Echemendia
'08 DEC 19 Pty 2:0
Tr,w CARDENAS LLP
Four Seasons Tower, 151h Floor, 1,441 $rickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, rN
AND FOR MIAMI -DADS COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE N0.
OUTLOOK .MEDIA OF SOUTH FLORIDA LLC.,
Petitioner,
V,
CITY OF MIAMI,
Respondent
VERIFIED PETITION FOR WRIT OF MANDAMUS
Petitioner, Outlook Media of South Florida, LLC ("Outlook"), hereby files this Petitioner for a
Writ of Mandamus directing the City of Miami ("City") to process and issue building permit
applications for outdoor advertising signs located at 1.700 S'W Yd Avenue (the "Sevennine Sign")
and 1330 NW 2nd Court (the "Mary Mays Signa."), and states in support;
PARTIES AND JURISDICTION
1. Petitioner, Outlook Media of South Florida, LLC ("Outlook"), is a Florida Limited
Liability Company duly organized under the laws of the State of Florida.
2. Respondent, City of Miami (the "City"), is now, and at all times mentioned in this
petition bas beers, a municipal corporation duly organized and existing under the laves of
the State of Florida, located in Miami -Dade County, Florida.
3. This is a petition for the issuance of a writ of mandamus, and thus jurisdiction in this
Court is proper.
4. This is an action involving building permit applications filed for property located in the
City ofMimni, and thus venue is proper in this court.
515708.1
Tl~W CARDENAS LLP
Four Seasons Tower, 15th rluor, 1441 13riickell Avenue, Miami, Florida 33131-3407 - 305-516-1112
GROUNDS FOR ISSUANCE OF WRIT
5. On November 5, 2008, Lee Bookman, agent for Outlook, delivered an application to the
City building departmont for a building peniiit for the Mary Mays Sign. A copy of the
building permit application for the Mary Mays Sign is attached as Exhibit A.
6. On November 10, 2008, Lee Beekman, agent for Outlook, delivered an application to the
City building department for a building permit for the Sevennine Sign. A copy of the
building permit application for the Sevem-Ane Sign is attached as Exhibit 13.
7. Upon information and belief, the applications for the Mary Mays Sign and the Sevormine
Sign were sent to the City of Miami PIanning and Zoning Depattment, and are not being
processed as of the date of this petition.
Requirements for an Outdoor Advertising Sign
8. The City of Miami has adopted a Sign Code, including Article 10 and Section 926 of the
City of Miami Zoning Code (the "City Code"), a true and correct copy of which is
attached as Exhibit C.
9. All applications for sign permits, in accordance with Section 103.4.1 of the City Code,
shall be made on forms provided by the City, and include, the following infonriation:
a. Name, address and telephone number of the applicant;
b. Name, address and telephone number of the sign owner;
c. Location by street number, and logal description (tract, block, lot) of the building,
515706.1
structure, or lot to which or upon the sign is to be installed or affixed;
d. A drawing to scale showing the design of the sign, including the dimensions, sign
size, method of attachment, source of illvinination, and showing the relationship
to any building or structure to which it is, or is proposed to be, installed or placed,
or to which it relates;
e. A fully dimensional plot plan, drawn to scale, indicating the location of the sign
relative to property line, right-of-way, streets, sidewalks, and other buildings or
structures on the promises;
f Number, size and location of all existing signs upon the same building, lot or
premises, if applicable, and
` LW CARDPNAs LLP
Four Seasons Towar, 15Th Floor, 1441 Qrickoh Avenue, Mini, Florida 33131-3407 •305-536-1112
10. In accordance with Section 10.1.4.3, included in Exhibit C, the City shall ensure
compliance with the South Florida Building Code, and compliance with the following
criteria:
a. The size and area of the, signs comply with the specifications set forth for the type,
of sign and the zoning district in which the sign is to be located; and
b. The signs comply with location standards on the subject property or structure as
specified herein.
Outlook has Satisfied the Criteria for Issuance of the Mary Mays Sign Permit
11. Outlook has satisfied the requirements of Section 10.1.4.1 for the Mary Mays Sign,
outlined in Paragraph 8 of this Petition, as follows:
a. Items listed in Paragraph 8 (a) -(c) and (f) are included on Page 1 of Exhibit A.
b. The design drawing referenced in Paragraph 8(d) is included on Page 9 of Exhibit
A.
c. The plot plan referenced in Paragraph 8(e) is included on Page 8 of Exhibit A
12. The City has confirmed that the application for the Mary Mays Sign meets the criteria set
forth in Section 10,1.4.3, as evidenced by the "Local Government Permission" section of
the FDOT Form 575-070-04, included as Page 4 of Exhibit A. On rune 12, 2008,
Lourdes Slazyk, City zoning Administrator, signed the form confirming that the Mary
Mays Sigh "is in compliance with all duly adopted local ordinances and has been or
will be issued the necessary permits."
Outlook has Satisfied the Criteria for Issuance of the Sevennine Sign Permit
13. Outlook has satisfied the requirements of Section 10.1.4.1 for the Sovennine Sign,
outlined in Paragraph 8, as follows:
a. Items listed in Paragraph 8 (a) -(c) and (.t) are included on page 1 of Exhibit B,
b. The design drawing referenced in Paragraph 8(d) is included oil Page 7 of Exhibit
.B.
c. The plot plan referenced in Paragraph 8(e) is inclined on Page 6 of Exhibit B.
14. The City has confirmed that the application for the Sevennino Sign meets the criteria set
forth in Section 10.1.43, as evidenced by the "Local Govermiient Permission" section of
the FDOT Forin 575-070-04, included as Page 3 of Exhibit B, On June 26, 2008,
Lourdes Slazyk, City Zoning Administrator, signed the forin confirming that the Marry
5t57ns.t
TEW CARDPNAs LLP
roUr SUN-ITa Tower, 15111 Floor, 1441 Brlckell Avmuc, Miami, Florida 33131-3407 - 305.536-1112
Mays Sign "is in compliance with all duly Adopted local ordtuances and has been or
will be issued the necessary permits."
15. The City has a legal duty to process and issue building permits for outdoor advertising
sighs, in accordance with Section 10. 1.6 of the City Code, which states as follows:
A sign permit may be, approved by the planning and zoning department if the,
criteria set forth in section 10.1.4.3 herein has boon met, all other necessary
approvals, if any, have been obtained and all regnircd fees have been paid.
Upon compliance with all of the requirements set forth herein, the planning
and zoning department shall review tho proposed sign permit application and
render a decision no later than ten (10) days from such compliance, unless a
special permit is required; in the case of a special permit, the thne limitations
for such special permit shall apply.
16. Since Outlook has met all the criteria for issuance of a building permit for the Mary Mays
Sign and the Sevennine Sign,, there is no room for the exercise of discretion, and. the
issuance of the building permits for the Mary Mays Sign and the Scvennine Sign are
ministerial acts. RHS' Corp, v. City of Boynton .Beach, 736 So, 2d 1211 (Fla. 4th DCA
1999).
Outlook is Entitled to a Writ of Mandamus Directing the
Issuance of Permits for the Mary Mays Sign and the Sevenuine Sign
17. It is well settled that a Writ of mandamus may be issued directing the City to issue the
building permits where the legal requirements are met and no element of discretion
remains, Charlotte County v. Yetter, 863 So,2d 465, (Fla. 2d DCA 2004).
18. Pursuant to Section 10.1.6 of the City Code, the City has a clear legal duty to review
applications and issue permits for outdoor advertising signs which meet the requirements
of Article 10 and Section 926 of the City Code,
19. Outlook has a clear legal right to the issuance of the permits for the Mary Mays Signa and
the Sevennine Sign, because the City has coufflrmed the aforementioned signs are "is in
colmpliance with all duly adopted local ordinances and has been or will be issued the
necessary permits." See Exhibit A, page 4; Exhibit B, page 3.
20, Outlook has no other legal remedy, because the City has refused to process the permit
applications for the Mary Mays Sign and the Sevennine Sign. Therefore, Outlook has no
.515748.1
TEw CARDENAs LIA-1
Four Seasum Tower, 15th Floor, 1441 BrickellAvanoo, Miami, Florida 33131-3407 • 305-536-1112
decision to appeal or any other legat remedy to direct the City to process and issue the
permits for the Mary Mays Sign and the Sevennine Sigh.
WHEREFORE, Outlook respectfully requests that this Court issue a writ of mandamus directing
the City of Miami to process and issue building perm is for the Sevei ine Sign and the Mary
Mays Sign, and such other relief as this Court deems just and proper,
515708.1
TFW C."ARDINAs LLP
Pour Seasons Tower, 15111 Floor, 1441 13rickell Avenue, Miami, Florida 33 13 1-3407 • 305-536-1112
VERIFICATION
STATE OF FLORIDA )
) SS:
COUNTY OF MLkMI-DADE )
BEFORE ME, the undersigned authority, personally appeared t6 9 &17 kmpkj ,
who, after being duly sworn,, deposed and stated as follows:
1. He is the agent of Outlook Media of South Florida, LLC,
2. He has read the above and foregoing allegations set forth in Paragraphs 5-7, 11
and 13, and confirms that the facts recited therein are true and correct,
Lee Beelmian
The foregoing instrument was acluiowledged before me this 1 j day of�1JA
2008, by M Ak , who is personally known to me or has
produced 5z-O� as identification,
Notary Pu
515708,1
Type, Print or Stamp Name
My Commission Expires:
4`'�frrr�rrr% Yanet Gado
Commission #DD517,622
, q Expires: FEB, 13, 2010
r'��p1r 55` www,AAHONNOTAAY,cam
TEw CARDUNAs LLP
Four SER30114 Tower, 150 Floor, 1441 Hrickell Aveinie, Miami, Florida 33131»3407 • 305-536-1112
515708.1
Respectfully submitted,
Tew Cardenas LLP
Attorneys for Plaintiff
Four Saasons B 15111 Floor
1441 Brickell AvQnue
Miami, Florida 33131-4331
Telephone No.1 (305) 536-1112
Facsimile No.. (305) 535-1116
r
Amanda L. Quirke
Florida Baa No. 0026838
IIW CARDFNAs )SLP
Four Scusons Tovver, 15th Floor, 1441 Brick0l Avenue, Miami, Florida 33131-3407 • 305-536-1112
12/12/2008 13:58 8775489120 PAGE 02
C�itg of M T- a ra T-
December 8, 2008
Mary E. Mays
17326 N, W. 619E Place
Miami, FL 33015
Outlook Media of South Florida, LLC
2295 S. Hiawassee Rd., 4203
Orlando, FL 32835
PEDRO G, HERNANDEZ, P.E.
City Manager
CERTIFIED KAIL
1i{.ETQRH RECEIFT(S) MU'ESTED
7006 2760 0001 5320 2766
7006 2760 0041 5320 2773
Re: Building Department Permit Application for Construction of Billboard
,dolt, Site: 11330 NW god Ct., Mfitmi, FL
Mary Mays Site
Gentlemim:
The Building Department is in receipt of a Pert Application, received
November 5, 2008, for the construction of a billboard at the above -referenced location.
This application is denied for the following reasons:
Section 10.4.5 of the Miami Zoning Ordinance provides as follows:
10.4-5. Outdoor advertising signs; new signs of outdoor
advertising prohibited,
For the purposes of this section, "Outdoor advertising
signs" are signs used is the conduct of the outdoor
advertising business; an outdoor advertising
business, for the pwpose of this section, is defined
as the business of receiving or paying money for
displaying signs where the sign copy does not
pertain to the use of the property, a product sold, or
the sale or lease of the property on. which the sign is
displayed and which, does not identify the place of
business as purveyor of the merchandise or services
advertised on. the sign.
Except as otherwise urovided in Articles 4 and 10 and/or
the City Code or. pursuant to this subsection no
DEPARTMENT OF ZONING
444 S.W. 2nd Avenue, 4"' Floor, Miami, FL 33130 (305) 416-1499 Teleeopier (305) 416,1490
MallingAddress: pA. Box 330708 Miami, Florida 33233-0708
12/12/2008 13:58 8775489120
Mary B. Mays
Outlook Media of South Florida, LLC
December B, 2008
Page, 2
new freestanding "Outdoor advertising signs," as
defined above shall be allowed.
With respect to existing outdoor advertising signs, Section
926.15 "Outdoor advertising signs" of Ordinance
11000 adopted in 1990, the Zoning Ordinance of
the City of Miami, and dealing with "Outdoor
advertising signs," is hereby repealed to the extent it
is inconsistent with any provision contained in this
Article. Nothing, however, in this Article shall
affect those provisions of Section 926.15 requiring
the termination and removal of freestanding outdoor
advertising signs from the premises on which they
were located not later than five (5) years following
the date they became nonconforming as a result of
the passage of Ordinance No. 11000 in 1990, and
such provisions shall continue to be operative and
given full force and effect. Moreover, nothing in
this Article shall affect any legal proceedings begu�
and all legal proceedings that might have been
begun under these provisions of Ordinance No.
11000, as adopted in 1990, and such proceedings
shall be given, full force and effect.
Notwithstanding any provision of this Zoning Ordinance to
the eontrar,permits for outdoor advertising signs
may be issued „pursuant to a Settlement Agreement
authorized__hy Resolution passed by the Cit
Commission, in con -junction with the Settlement of
related litigation, which expressly authorizes
issuance of such Permits for said outdoor
advertis ing si gas, and thea gply. under the terms and
conditions of settlement a reements that result in a
net reduction'in the ppgy to the settlement's number
of outdoor __advertising signs located in the City of
Miami.
PAGE 03
Consequently, no new "Outdoor advertising signs" are permitted in the City of
Miami (hereinafter the "City") except pursuant to a Settlement Agre=ent authorized by
the City Commission that results kn a ziet reduction in the number of "Outdoor advertising
signs" located in the City. The City Commission authorized such a settlement agreement
with CBS Outdoor, Inc. (hereinafter "CBS"), on April 28, 2008.
Under paragraph 4 of the CBS Settlement Agreement, CBS is required to comply
with all applicable Florida Department of Tumsportation (li,ereinafter "FDOT°)
12/1212008 73;58 8775489120 PAGE 04
�i Mary E. Mays
Outlook Media of South Florida, LLC
I' December 8, 2008
,Page 3
regulations for any Outdoor advertising sign constructed under the Settlement
Agreement. FDOT requires a permit for the construction of Outdoor advertising sites, to
enforce their spacing regulations. FDOT requires the applicable municipality to sign -off
on the permit prior to its issuance.
On May 2, 2008, CBS authorized Outlook Media of South Florida, LLC.
(hereinafter "Outlook Media"), to file applications for outdoor advertising sign permits
with FDOT on CBS' behalf, and notified the City of that authorization. (See letter
attached as Exhibit "A").
On June 10, 2008, CBS and Outlook Media entered into a Letter of
Understanding concerning the above -referenced site. That letter acknowledged that
Outlook Media would be submitting an FDOT Outdoor Advertising Application to the
City for the above -referenced location, pursuant to authority granted in the CBS'
Settlement Agreement with the City, (See letter of understanding attached as Exhibit
«B„
On June 12, 2008, pursuant to CBS' written authorization of May 2, 2008, the
City executed a FDOT Application for Outdoor Advertising Sign Pennit for the above -
referenced site, indicating that the Outdoor advertising sign identified in the Application
"[i]s in compliance with all duly adopted local ordinances and has been or will be issued
the necessary permits." (See FDOT Permit Application attached as Exhibit "C").
Subsequently, FDOT issued Florida Sign Permits to Outlook Media for this site (See
FDOT Permits CO 920 & CG 921 attached as Exhibit 6 l)-1 &. D-2"),
Under paragraph 19(f) of the CBS Settlement Agreenxent, CBS has the right of
assignment of its rights and obligations under the settlement agreement, but only after
any attempted assignment is approved in writing by the City Commission. Any
attempted assignment in violation of these requirements is void. The City has not been
provided with any evidence that CBS has assigned its rights udder the CBS Settlement
Agreement to Outlook Media with regard to this Outdoor advertising sign, nor has the
City Commission been requested to approve any such assignment,
Subsequently, on October 24, 2008, CBS notified the City in writing, through its
attorney, Glenn, N, Smith, Esq., of Ruden, McClosky, et al., that, pursuant to the CBS
Settlement Agreement, and its previous authorization to Outlook Media to file
Applications for Outdoor Advertising Pen -nits with FDOT on CBS' behalf, it was
withdrawing the above -referenced site as a location for an Outdoor advertising sign under
the Settlement Agreement (See letter of October 24, 2008 attached as Exhibit E).
On November S, 2008, Outlook Media, as lessee, and Mary E. Mays, as owner,
submitted the subject Permit Application for an Outdoor Advertising Sign at the above -
referenced site, without providing any evidence of: (a) 03S' consent to, approval of, or
joinder in, the Application; (b) an assignment of rights in the CBS Settlement Agreement
to Outlook Media approved by the City Commission; and/or (c) the satisfaction of the
12/12/2008 13:58 8775489120 PAGE 05
Mary E, Mays
Outlook Media of South Florida, LLC
December 8, 2008
Page 4
other requirements for the erection of an Outdoor advertising sign under the CBS
Settlement Agreement, including, but not Iimited to, the applicable sign removal
requirements and permit fees. These material omissions prevent us from taking any
further action at this time except to deny the Permit Application.
Because of the City's denial of this Permit Application for the reasons set forth
above, this Application has not been reviewed by the necessary disciplines.
Consequently, the City reserves the right, should it be necessary in the ;future, to assert
any other deficiencies, technical or otherwise, that may exist in this Permit Application.
Should you have any questions, please do not hesitate to contact me. Thank you,
Sincerely,
des Slazyk
oning Administrator
150615
12/12/2008 13;58 8775489120
gllRuden
McClosky
PAGE 11
200 FAST BROWAM 13OULWARO
SUITE 1500
FORT LAUDMALE. FLORIDA 33301
POSY OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 333 112
(454) 527-2466
FAX: (954) 333-4466
CLENN.SMITHORUpEN.COM
October 24, 2008
Via E- d V.S.
Warren Bittner, Esq,
Assistant City Attorney
City of Miami - City Attomey's Office
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130-1910
Re: City of Miami ("City") /CBS Outdaar, Inc. ("CBS") Settlement Agreement
j; Dear Wwen:
Attached hereto is a list of the sites for which CBS, or Outlook on CBS's behalf, has
previously submitted FDOT appliaatiom to the City (with one exception) for the City's approval
in order that state permits may be obtained. The list contains four categories, as follows:
I. Categwies 1 and 2 identify sites for proposed Initial Amended Permits and
proposed Amended Permits, Each of these sites is perinitteble under FDOT rules in that each
site meets the 1500 foot spacing requwireznent,
2. Category 3 contains sites which are under consideration by C)3S and for which
there are pending state issues. For instance, many of thern would only be permittable if 1000
foot spacing is approved by the legislature. Another site is the subject of an appeal concerning
the issuance of a state permit.
3. Category 4 is a list of the sites which are being withdrawn by CBS,
We ask that Orlando and Peter immediately review this list and inform us of any issues
that may exist as to each site. Additionally, we assume that the FDOT application for the
Lummis site can zrow be signed ofd' by the City. In this regard, we ask that Peter have the
appropriate official sign off on the CBS application for this site.
FTL:2940043:1
RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL., KA.
ROCA RATON • CARACA; - FT. LAUDERDALE - M~ - NAPLU • ORLANDO - /ORT 5T, LU0E • SAt ASOTA - SY. PST MUK - TAWA1MMF - TAMPA • WERT T'ALM SFAdI
If
12112/2008
�I
Page 2
19:58 8775489120
Please contact me if you have any questions.
Sinc=fy,
Glenn N. Smith
GNS'w
Enclosure
I: CC: Mr. J. C. Clements
F W. Joe Little
I; Mr. Billy Long
Mr. Ed Scherer
Veronica Xiques, Esq.
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170 ME 3P ST (NS 1.195 who f3E 21
101 3124 OQ2-0126
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SewnrArm LLC
1700 SW 3rd Ave
01-4138-001-2070
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S45 NW 25th ST
013125 -025 -am
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Bakehouse
5111 NYsf 32r1d 5t
01-3125412G OW
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15
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4291 NVt79h Ave
013124-003-1440
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16
GT Used Trucks
636 NW 23rd ST
01-3125-035.0350
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4945 fM 7th Ave
01 -a124 -Mi -0340
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350 NW 13t4 ST
013139 f158 a0i0
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570 NW 67bht SI
01-3113-02.5-0041
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01-4137-03"MO
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Mfiami Zoning Board
Resolution No.. 08-079
Monday, October 20, 2008
Mr. Cornelius Shiver offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD GRANTED THE APPEAL SY HARKLEY R,THORNTON
OF THE ZONING ADMINISTRATOR INTERPRETATION DATED AUGUST 21, 2008,
REGARDING THE REVOCATION OF THE "OUTLOOK MEDIA OF SOUTH FLORIDA,
LLC" SIGN PERMIT,
Upon being seconded by Ms. Iieana Hernandez -Acosta,
the motion was passed and adopted by the following vote;
Mr. Bret Berlin
Mr, Ron Cordon
Mr, Joseph H. Ganguzza
Mr. Charles A. Garavaglia
Ms, Ileana Hernandez -Acosta
Mr. Lazaro Lopez
Mr. Juvenal A. Fina
Mr, Cornellus Shiver
Mr. Richard Tapia
�,r, :�1ggel..Urgulala... .
Ms, Fernandez: Motion passes 7-1
M
Teresita L. Fernandez, Executive Woretary
Hearing Beards
File ID#: 08-01 D81 za Z.5
No
Away
Away
Yes
Yes
Yes
Yes
Yes
Yes
Yes
AYE:
7
NAY'.
A8NT(ON................
5T
..............q. ...... ... ................... .... .........
NO VOTES:
g
ABSENT:
2
Ms, Fernandez: Motion passes 7-1
M
Teresita L. Fernandez, Executive Woretary
Hearing Beards
File ID#: 08-01 D81 za Z.5