HomeMy WebLinkAboutHEPB Appeal LetterSTEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Miami ■ Ft. Lauderdale ■ Tampa
Joe Jimenez
Direct Line: (305) 789-3341
Fax: (305) 789-2682
Email: jjimenez@stearnsweaver.com
June 16, 2009
Director Teresita L. Fernandez
City of Miami
Hearing Boards Department
■ Tallahassee
Museum Tower, Suite 2200
C,q 150 West Flagler Street
Miami, Florida 33130
y=?i 305-789-3200
VIA HAND DELIVERY
Re: Appeal of Historic and Environmental Preservation Board (HEPB) Resolution
No. HEPB-2009-35.
Director Fernandez:
This firm represents Floridian Builders, the "contractor" and developer's representative
in the above referenced case. Pursuant to Section 23-4(c)(7), this letter serves as Floridian
Builders' written notice of appeal.
On June 2, 2009, the HEPB heard Floridian Builders' appeal of the City of Miami's Code
Enforcement Department's denial of a tree removal permit for a tree located on the property of
2110 Brickell Avenue. At that hearing the HEPB was informed that the City's denial of the tree
removal permit was based on HEPB Resolution 2007-19, prohibiting the removal of three trees,
and requiring the developer's best efforts to save the trees. After over two years, the developer,
its architect and its landscape architect testified to the HEPB that the developer will be unable to
save one tree (Tree #1), despite its best efforts. As a consequence, the developer requested that
the HEPB approve a tree removal permit in order for Tree #1 to be removed safely and legally.
Despite this testimony, the HEPB found that the developer had not made its best efforts
and required the developer to "continue to make their best efforts to save the tree or pay into the
tree trust fund." This timely appeal follows. The developer has presented competent and
substantial evidence of its compliance with the HEPB's order and therefore requests that the City
Commission approve the appeal of the City's denial of the developer's application for a tree
removal permit. If you require any additional information, please do not hesitate to contact me.
cc: Ellen Uguggioni
qJimenez
0 stearnsweaver.com ■