HomeMy WebLinkAboutSubmittal-Barbara BisnoFage 1. of 2
SUBMITTED INTO THE
Barbara Bisno PUBLIC EC O
From: "Barbara Bisno" <bbisno@comcast.net> ITEMsPi---;3 ON
To: "Bisno, Barbara" <bbisno@comcast.net> -
Cc: "Padilla, Heriberto" <HPadilla@miamigov.com>; "Gelabert-Sanchez, Ana"
<agelabertsanchez@ci.miami.fl.us>; "Alexander, Koteles" <KAlexander@miamigov.com>;
"Nelson, Ron" <melson@miamigov.com>; "Wright, Steve" <SWdght@miamigov.com>; "Ehrlich,
Peter" <Petersobe@aol.com>; "Castaneda, Frank" <FCastaneda@ci.miami.fl.us>
Sent: Wednesday, August 05, 2009 4:22 PM
Attach: pab res waiver 19 multifamily residential.doc; amendment to exhaustion of remedies
provision.doc; Amendment to zoning interpretation provision in miami 21 7.doc; Amendments as
to the distribution of decisions and recommendations.doc; Amendments as to waivers 7.doc;
amendment to variance to include old 1305 new art 4, Table 12.doc; Resolu PAB 08043
52403. pdf
Subject: Amendments to Miami 21; First reading, August 6, 2009
Dear Commissioners, staff, the Mayor, City Manager Hernandez, and Director Gelabert:
The staff of a Commissioner asked that I present my suggested amendments as draft language within the current
draft of Miami 21. 1 hope the administration will join me in these efforts at hopefully improving Miami 21 and that
Commissioners will propose motions to adopt them. I will try to take as little time as possible tomorrow at the
hearing.
I am therefore attaching six documents which include language achieving the amendments that I suggest.
1) Non -conforming multifamily residential property.
I have attached the resolution approved by the PAB on December 17, 2008 which provides the needed language
to 7.2.2. This amendment requires an amendment to the relevant waiver (19) which is provided as a second
attachment titled pab res waiver 19. This is a question of treating all residential owners fairly and equally.
2) Amendment to exhaustion of administrative remedies provision in several provisions, 7.1.2.3, 7.1.2.4,
7.1.2.6, 7.1.2.7
This amendment protects the rights of the resident who cannot attend the PZAB hearing, did not get notice as he
did not live close enough to the subject property but is affected by proposed action, who learns from watching the
hearing on television of conditions added by PZAB that he wishes to oppose, or simply does not understand the
effects of the action until after the PZAB hearing as well as protects the city from the situation where no opposition
appears at PZAB hearing and decision is then appealed to the City Commission.
3) Notice of application for a zoning interpretation
A zoning interpretation may have as much effect on a neighborhood as a change in zoning requirements on a
property. However, this procedure was not included in the notice process of Miami 21.
4) Distribution of all decisions and recommendations of zoning administrator, planning director and PZAB
to neighborhood.
Placing a decision on the web and sending to the NET office without the distribution to the neighborhood
effectively limits knowledge needed to make appeal rights meaningful.
5) Retention of, Section 1305 in zoning ordinance 11,000 as Article 4, Table 12, Design Review Criteria in
Miami 21 variance provision.
For some inexplicable reason, the variance provision mirrors 11,000 well except this crucial provision is omitted in
Miami 21.
Ofr, - o2o9s c .µ
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08- 0i&/07zf
8/6/2009
Planning Advisory Board
Resolution No. PAB-08-043
Wednesday, December 17, 2008
Ms. Maria Beatriz Gutierrez offered the following resolution and moved its
adoption
Resolution:
A RESOLUTION BY THE PLANNING ADVISORY BOARD RECOMMENDING TO THE
CITY COMMISSION THAT SECTION 7.2.2 READ AS FOLLOWS:
7.2.2 STRUCTURES AND USES IN THE EVENT OF DISASTER
a. RESIDENTIAL STRUCTURES
IN THE EVENT OF A NATURAL DISASTER, EXPLOSION, FIRE, ACT OF GOD, OR
THE PUBLIC ENEMY, THE ZONING ADMINISTRATOR SHALL APPROVE A PERMIT
FOR THE RECONSTRUCTION OF ANY NONCONFORMING SINGLE RESIDENCE,
DUPLEX OR MULTIFAMILY RESIDENTIAL STRUCTURE TO THE SAME OR
DECREASED NONCONFORMITY AS EXISTED IMMEDIATELY PRIOR TO THE
DISASTER, UPON PROOF SATISFACTORY TO THE ZONING ADMINISTRATOR OF
THE CONFIGURATION OF THE PRIOR SINGLE RESIDENCE, DUPLEX OR
MULTIFAMILY RESIDENTIAL STRUCTURE AND ONLY IN COMPLIANCE WITH THE
FLORIDA BUILDING CODE. AN APPLICATION FOR RECONSTRUCTION OF THE
SINGLE RESIDENCE, DUPLEX OR MULTIFAMILY RESIDENTIAL STRUCTURE
SHALL BE FILED WITHIN 12 MONTHS OF THE EVENT OF ITS DESTRUCTION,
UNLESS THE CITY COMMISSION AUTHORIZES THE ZONING ADMINISTRATOR TO
EXTEND THE 12 MONTH TIME PERIOD CITY WIDE.
Upon being seconded by Dr. Ernest Martin,
the motion was passed and adopted by the following vote:
Ms. Tamara Gort
Yes
Ms. Maria Beatriz Gutierrez
Yes
Ms. Maria Sardina Mann
Yes
Dr. Ernest Martin
Yes
Ms. Donna Elizabeth Milo
Yes
Rev. Guillermo Revuetta
Yes41
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Ms. Janice Tarbert
Yes
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Ms. Nina West
Yes
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Ms. Arva Parks
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Motion carries 9-0.
Ana
bert-Sanc z, Director
Planning Department
Additional change to make Miami 21 code consistent throughout with attached PAB
approved resolution dealing with nonconforming residential structures:
Waivers 7.1.2.5
19. Replacement or reconstruction of a nonconforming Structure Restoration of
Structures (other than Single -Family, duplex or multifamily residential structure) that are
nonconforming in the
event of destruction of less than fifty percent (50%) of assessed
valuationdestroyed by natural disaster, explosion, fire, act of God, or the
public enemy.. (Article 7, Section 7.2.2.b).
Submitted into the public
record in connection with
item SPA, SP.2 & SP -3
on 08-06-09
Priscilla A. Thompson
Page Z of Z
6) Reduction of waivers to five, dealing with residential owners only, and the general 10% waiver with
right to appeal to City Commission as to 10% waiver.
Miami 21 provides for 25 waivers to avoid having to request a variance. Some are so negligible that they could
easily be given as right under stated circumstances in the code and others are so obviously developer friendly
and unconcerned about affect on neighborhood, e.g., parking requirements (which may be secured by variance),
that they should not be available except through the variance procedure. Therefore, I have proposed the.
attachment. I left in the waiver which a residential owner may seek.
7) There is no attachment but I will ask through the Chair if there are any notice requirements for signs
and mural outdoor advertising in Miami 21.
Thank you for your attention to this matter.
Barbara K. Bisno
1000 Venetian Way #603
Miami, Florida 33139
Tel: 305 374 2566
Cell: 786 390 4134
Fax: 305 374 2564
Email: bbisno@comcast.net
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson 8/6/2009
Amendments to Miami 21 as to the requirement of the exhaustion of
administrative remedies in provisions 7.1.2.3 (Zoning Interpretation), 7.1.2.4
(Warrant), 7.1.2.6 (Exception) and 7.1.2 7 (Variance)
7.1.2.3 Zoning Interpretation
b. Appeal to Planning, Zoning and Appeals Board.
An appeal of a zoning interpretation, if sought, shall be de novo and presented to
the Planning, Zoning and Appeals Board within fifteen (15) calendar days of the
publication of the interpretation on the City's official website. The appeal shall be
filed with the Hearing Boards Office.
The Planning, Zoning and Appeals Board shall determine whether the
administrative interpretation is upheld or rescinded. The ruling of the Planning,
Zoning and Appeals Board may be further appealed to the City Commission, and
must be filed with the Office of Hearing Boards within fifteen (15) calendar days
of the Board's issuance of its ruling.
Before appeal of any action to the City Commission, the appellant or his/her
neighborhood representative (who shall represent the neighborhood ineo neral and not
be required to indicate a particular resident he or she represents at the PZAB hearing) is
required to have exhausted administrative remedies by appearing on the record at the
hearing before the Planning, Zoning and Appeals Board. In addition to
requirements of the Hearing Boards Office, the filing of the appeal shall state the
specific reasons for such appeal, together with payment of any required fee. The
appeal may be filed only by the applicant or any person who appeared of record
at the Planning, Zoning and Appeals Board hearing on the decision being
appealed and who is aggrieved by the action of the Planning, Zoning and
Appeals Board.
7.1.2.4 Warrant
e. Appeal to the Planning, Zoning and Appeals Board.
Appeal of the determination of the Planning Director shall be de novo and taken
to the Planning, Zoning and Appeals Board, within fifteen (15) calendar days of
the posting of decision by the Planning Director on the City's website. The appeal
shall be filed with the Hearing Boards Office. The Board shall determine whether
the Warrant is upheld or rescinded.
The ruling of the Planning, Zoning and Appeals Board may be further appealed
to the City Commission, and must be filed with the Office of Hearing Boards
within fifteen (15) calendar days of the Board's issuance of its ruling.
Before appeal of any action to the City Commission, the appellant or his/her
neighborhood representative who shall represent the neighborhood in general and not
be required to indicate a particular resident he or she represents at the PZAB hearing is
required to have exhausted administrative remedies by appearing on the record at the
hearing before the Planning, Zoning and Appeals Board. In addition to
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
requirements of the Hearing Boards Office, the filing of the appeal shall state the
specific reasons for such appeal, together with payment of any required fee. The
appeal may be filed only by the applicant or any person who appeared of record
at the Planning, Zoning and Appeals Board hearing on the decision being
appealed and who is aggrieved by the action of the Planning, Zoning and
Appeals Board.
7.1.2.6 Exception
d. Appeal to the City Commission.
Appeal of the decision of the Planning, Zoning and Appeals Board shall be de
novo applying the Exception criteria in this Code and taken to the City
Commission, pursuant to section 7.1.5 of this Miami 21 Code. The appeal shall
be filed with the Hearing Boards Office. Notification of the appeal shall be
provided by the City in the same manner as provided for the original application
in section 7.1.2.6.c. of this Code.
Before appeal of any action to the City Commission, the appellant or his/her
neighborhood representative who shall represent the neighborhood in -general and not
be required to indicate a particular resident he or she represents at the PZAB hearing is
required to have exhausted administrative remedies by appearing on the record at the
hearing before the Planning, Zoning and Appeals Board. In addition to
requirements of the Hearing Boards Office, the filing of the appeal shall state the
specific reasons for such appeal, together with payment of any required fee. The
appeal may be filed only by the applicant or any person who appeared of record
at the Planning, Zoning and Appeals Board hearing on the decision being
appealed and who is aggrieved by the action of the Planning, Zoning and
Appeals Board.
7.1.2.7 Variance
f. Appeal to the City Commission.
Appeal of the decision of the Planning, Zoning and Appeals Board shall be made
to the City Commission, as a de novo hearing, and as set forth in section 7.1.5 of
this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office.
Notification of the appeal shall be provided by the City in the same manner as
provided for the original application in section 7.1.2.7.e. of this Code.
Before appeal of any action to the City Commission, the appellant or his/her
neighborhood representative (who shall represent the neighborhood in -general and not
be required to indicate a particular resident he or she represents at the PZAB hearing is
required to have exhausted administrative remedies by appearing on the record at the
hearing before the Planning, Zoning and Appeals Board. In addition to
requirements of the Hearing Boards Office, the filing of the appeal shall state the
specific reasons for such appeal, together with payment of any required fee. The
appeal may be filed only by the applicant or any person who appeared of record
at the Planning, Zoning and Appeals Board hearing on the decision being
appealed and who is aggrieved by the action of the Planning, Zoning and
Appeals Board.
Submitted into the public
record in connection with
item SPA, SE -2 & SP.3
on 08-06-09
Priscilla A. "Thompson
g. A project for which the Variance has been obtained shall be valid for a period of
two (2) years during which a Building Permit or Certificate of Use must be
obtained. This excludes a demolition or landscape permit. A one time extension,
for a period not to exceed an additional year, may be obtained upon approval by
the Planning Director.
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
Amendment to 7.1.2.3 Zoning interpretation regarding notice to neighborhood of
application
7.1.2.3 Zoning Interpretation
Except where the Miami 21 Code specifically places responsibility in other officers or
agencies, questions of interpretation of this Code shall first be presented to the
Zoning Administrator.
a. Required notice
At the time of submitting the application to the Zoning Administrator, the
applicant shall notify all Abutting property owners, including those across a street
or alley, by certified mail. In the case of Abutting condominiums, only one notice
to the condominium association need be sent.
Additionally, at the time of submittingthe application, the applicant shall obtain
from the Department of Planning the list of all registered Neighborhood and
homeowner associations within the NET office that is applicable to applicant
property and shall nofify the NET office, and official representatives of all such
registered associations, by certified mail, of the application. Neighborhood and
homeowner associations who wish to receive such notice must register on an
annual basis at their local NET offices.
The applicant shall submit the certified receipts from all notices to the
Zoning Administrator at the time of application.
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
Amendments to Miami 21 as to the distribution of decisions and recommendations,
both denials and approvals of the application, of zoning administrator, planning
director and Planning and Zoning Appeals Board to neighborhood in provisions
7.1.2.3 (Zoning Interpretation), 7.1.2.4 (Warrant), 7.1.2.5 (Waiver), 7.1.2.6
(Exception) and 7.1.2 7 (Variance)
7.1.2.3 Zoning Interpretation
a b. Notifications concerning interpretations.
Upon making his interpretation, the Zoning Administrator shall notify the party
requesting the interpretation, as well as the representatives of any other officer or
agency of the City likely to be affected by such ruling and all NET offices which shall,
within five days, distribute the zoninginterpretation to the official representatives of
all registered neighborhood and homeowner associations within the NET office that is
applicable to the applicant property, and shall post the interpretation on the City's official
website.
7.1.2.4 Warrant
c. Review and approval process.
1. The Planning Director shall review each submitted application for a Warrant
for completeness. If the Warrant application involves a project in excess of
two hundred thousand (200,000) square feet of floor area, it shall be referred
to the Coordinated Review Committee, which shall review the application and
provide its comments and recommendations to the Planning Director.
2. Applications for projects equal to or less than two hundred thousand
(200,000) square feet of floor area shall be reviewed by the Planning Director
and the Zoning Administrator without need for review by the Coordinated
Review Committee, unless the Planning Director determines that review by
the Coordinated Review Committee is necessary. Where there is no referral
to the Coordinated Review Committee, the Planning Director shall issue an
intended decision within twenty-one (21) calendar days of a determination
that the application is complete. The applicant shall have seven (7) calendar
days from receipt of the notice of the intended decision to request a
conference with the Planning Director to discuss revisions or additional
information regarding the application. Within ten (10) calendar days of the
conference, or if no conference is requested, the Planning Director shall issue
written findings and determinations regarding the applicable criteria set forth
in this section and any other applicable regulations. The applicant and the
Planning Director may mutually consent to an extension of the time for
issuance of the final decision. The findings and determinations shall be used
to approve, approve with conditions or deny the Warrant application.
3. The Planning Director shall approve, approve with conditions or deny the
Warrant application, but in no event shall a Warrant be issued prior to thirty
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(30) days from the time the notice of the application is provided to the NET
office. Approvals shall be granted when the application complies with all
applicable regulations; conditional approvals shall be issued when the
applications require conditions in order to be found in compliance with all
applicable regulations; denials of applications shall be issued if after
conditions and safeguards have been considered, the application still fails to
comply with all applicable regulations. The decision of the Director shall
include an explanation of the code requirements for an appeal of the decision
and shall be provided to the NET office which shall, within five (5) days, distribute the
decision of the Director to the official representatives of all registered neighborhood and
homeowner associations within the NET office that is applicable to the applicant Property
and posted on the City's website. The Director shall include a citation to the legal
authority for any denial or approval of a Warrant.
7.1.2.5 Waiver
d. Review and approval process.
"rhe Zoning Administrator shall review the Waiver application, as required under
this Code, in regard to compliance with the applicable Waiver standards and
guiding principles of the Miami 21 Code. Recommendations and findings from
the Planning Director shall be forwarded to the Zoning Administrator when
applicable or when requested by the Zoning Administrator. The review by the
Planning Director shall consider Article 4, Table 12 Design Review Criteria.
Based on these findings, and the applicable findings and determinations of the
Zoning Administrator, the Zoning Administrator will issue a final decision on the
Waiver request within ten (10) calendar days of receiving the Planning Director's
recommendation and findings. The application shall be approved, approved with
conditions or denied. A citation to the legal authority shall be included for any
denial or aar rp oval of a Waiver. In no event shall a Waiver be issued prior to thirty (30)
days from the time the notice of the application is provided to the NET office. The
decision of the Zoning Administrator shall include an explanation of the code
requirements for an appeal of the decision and shall be provided to the NET
office "ich shall, within five () days, distribute the decision of the Director to the official
representatives of all registered neighborhood and homeowner associations within the
NET office that is awlicable to the appticantproperty and posted on the City's website.
Approvals shall be granted when the application complies with all applicable
regulations; conditional approvals shall be issued when such applications require
conditions in order to be found .in compliance with all applicable regulations;
denials of applications shall be issued if, after conditions and safeguards have
been considered, the application still fails to comply with all applicable
regulations.
7.1.2.6 Exception
2. Review and findings.
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
The Planning, Zoning and Appeals Board shall give full consideration to the
Planning Director's recommendations, and shall determine whether to grant
an application for Exception, to grant with conditions and safeguards or to
deny the application. The Planning, Zoning and Appeals Board shall issue
written findings that the applicable requirements of the Miami 21 Code have
or have not been met. In no event shall an Exception be issued prior to thirty
(30) days from the time the notice of the application is provided to the NET
office. The decision of the Planning, Zoning and Appeals Board shall include
an explanation of the code requirements for an appeal of the decision and
shall be provided to the NET office which shall, within five (5) days, distribute the
decision of the Director to the official representatives of all registered neighborhood and
homeowner associations within the NET office that is applicable to the applicant property
and and posted on the City's website. The Planning, Zoning and Appeals Board shall
include a citation to the legal authority for any denial or approval of an Exception.
7.1.2 7 (Variance)
2. Decision by the Planning, Zoning and Appeals Board.
The Planning, Zoning and Appeals Board shall consider the
recommendations of the Planning Director, conduct a quasi-judicial hearing,
and shall issue written findings that the application meets or does not meet
the applicable criteria allowing for a Variance from the regulations of the
Miami 21 Code. In no event shall a Variance be issued prior to thirty (30)
days from the time the notice of the application is provided to the NET office.
The decision of the Planning, Zoning and Appeals Board shall include an
explanation of the code requirements for an appeal of the decision and shall
be provided to the NET office which shall distribute to the representatives of the
registered neighborhood associations within (5) days of receipt and posted on the City's
website. The Planning, Zoning and Appeals Board shall include a citation to the legal
authority for any denial or approval of a Variance.
3. Conditions and safeguards.
In any Variance, the Planning, Zoning and Appeals Board may prescribe
appropriate mitigating conditions and safeguards in conformity with the Miami
21 Code. Violation of such conditions and safeguards, when made a part of
the terms under which the Variance is granted, shall be deemed a violation of
the Miami 21 Code and grounds for revocation of the Variance.
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
7.1.2.7 Variance
Reinsertion from zoning ordinance 11,000 of the requirement that a Variance
comply with Sections 1305, now denoted as Article 4Table 12, Design Review
Criteria.
b. Criteria for approval.
An application for a Variance shall be approved only if it demonstrates all of the
following:
1. Special conditions and circumstances exist that are peculiar to the land,
Structure or Building involved and that are not applicable to other lands,
Structures, or Buildings in the same Transect;
2. The special conditions and circumstances do not result from the actions of
the applicant;
3. Literal interpretation of the provisions of the Miami 21 Code deprives the
applicant of rights commonly enjoyed by other properties in the same
Transect Zone and results in unnecessary and undue hardship on the
applicant;
4. Granting the Variance requested conveys the same treatment to the
individual owner as to the owner of other lands, Buildings or Structures in the
same Transect Zone;
5. The Variance, if granted, is the minimum Variance that makes possible the
reasonable Use of the land, Building, or Structure; and
6. The grant of the Variance is in harmony with the general intent and purpose
of the Miami 21 Code, and is not injurious to the Neighborhood, or otherwise
detrimental to the public welfare ly demonstration of compliance with the following
additional criteria related to impact, character, and design:
i_ The Variance, ifrag nted, would result in a proiect that is consistent wih the
applicable criteria as set forth in Article 4 Table 12, Design Review Criteria, as such
design relates to the particular location for which the Variance is being sought•
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
Amendments as to waivers 7.1.2.5 regarding 1) the removal of all but five waivers,
giving rights to residential owners and the general 10% waiver, 2) adding the right
to appeal the decision of the PZAB regarding the 10% waiver to the City and
Commission.
7.1.2.5 Waivers
a. Specific Waivers are described in the various articles of this Code, and are
referenced here only for convenience. The specific parameters of each Waiver are
further described in the articles in which each Waiver appears in this Code.
.
..
3. SetbaGks fbF the pmperty to be developed to matGh the dominant SetbaGk 44
.
and -5.6-4-g)
'o
) within the half Fnile
10. RequiFed par-kiRg within one theusand (1, 000) feet of the site that it seFVeS
(AFticle 4Table I '
5. 4.
,
,
;
.;
14. VehiGUlaF entNE. ss than Gi)dy (60) feet. (AFtiGle 6, SeGtien 6.6.4.e
and 6.6 4 Vie}
L n- t s h hundred (100) feet OF less (Arkle 5,
5-4), '
17. ReduGtOeR of king 6paGe (MiGle 6).
18. Gas Station Bu" leRt CkfiGle 6)-.
19. Replacement or reconstruction of a nonconforming Structure Restoration of
Structures (other than Single -Family, er duplex, and multifamily residential) that are
nonconforming in the event of destruction of less than fifty percent (50%) of assessed
valuationdestroyed by natural disaster, explosion, fire, act of God, or the
public enemy.. (Article 7, Section 7.2.2.b).
20. Alterations to nonconforming Single Family or duplex Structures to enlarge a
nonconformity affecting the exterior of the Building or premises. (Article 7,
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
Section 7.2.3).
21. Moving of a nonconforming Structure on its own Lot. (Article 7, Section 7.2.4).
22. Development of Single Family or duplex Structures on certain nonconforming
Lots in T-3 zones. (Article 7, Section 7.2.7).
rRehan-h*10tattinan Of aR existing Building oF an adaptive 616e. (AFtiGle
7,2estleR�
25. As appropriate to the nature of the Waiver involved and the particular
circumstances of the case, Waivers up to ten percent (10%) of any particular
standard of this Code except Density, Intensity and Height, may be granted
when doing so promotes the intent of the particular Transect Zone where the
proposal is located; is consistent with the guiding principles of this Code, including
Article 4 Table 12, Design Review Criteria Checklist; and there is practical difficulty in
otherwise meeting the standards of the Transect Zone, or when doing so promotes
energy conservation and Building sustainability. The inability to achieve maximum
Density, Height, or floor plate for the Transect shall not be considered grounds for the
granting of a Waiver. This Waiver cannot be combined with any other specified Waiver
of the same standard.
f. Appeal to the City Commission.
Appeal of the decision of the Planning, Zoning and Appeals Board shall be de
nova and taken to the City Commission, pursuant to section 7.1.5 of this Miami 21 Code.
The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall
be provided by the City in the same manner as provided for the original application
in section 7.1.2.6.c. of this Code. Before appeal of any action to the City Commission,
the appellant or his/her neighborhood representative who shall represent the
neighborhood in general and not be required to indicate a particular resident he or she
represents at the PZAB heari is required to have exhausted administrative remedies
by appearing on the record at the hearing before the Planning, Zoning and Appeals
Board. In addition to requirements of the Hearing Boards Office, the filing of the appeal
shall state the specific reasons for such appeal, together with payment of any required
fee. The appeal may be filed only by the applicant or any person who appeared of record
at the Planning, Zoning and Appeals Board hearing on the decision being
appealed and who is aggrieved by the action of the Planning, Zoning and
Appeals Board.
fg. A Waiver shall be valid for a period of two (2) years during which a building
permit or Certificate of Use must be obtained. This excludes a demolition or
landscape permit. A one time extension, for a period not to exceed an additional
year, may be obtained upon approval by the Zoning Administrator.
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson