HomeMy WebLinkAboutZoning Administrator Appeal LetterTEW ° CARDENAS LLP
A T T O R N E Y S A T L A W
MIAMI • TALLAHASSEE • WASHINGTON DC
ANIANDA L. Q(11RIi E,
iVZtI r1;.Iz's l)Ilar,;e r l .r vlc: 305.536.8'216
E-MAII..: AQ(lr lewla w.com
May 22, 2009
FOUR SEASONS TOWER
15Ts FLOOR
1441 BRICKELL AVENUE
MIAMI, FLORIDA 33131-3407
T 305.536.1112
F 305.536.1116
WWW.TEWLAW.COM
Ms. Teresita Fernandez 01. ONP 1 (pZA
City of Miami
Clerk of the Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
Re: Appeal of May 20, 2009 Zoning Administrator Determination
Dear Ms. Fernandez:
In accordance with Article 18 of the City zoning code, please consider this a
Notice of Appeal of the Zoning Administrator's determination dated May 20, 2009 (the
"May 20 Determination," attached as Exhibit A) which certifies that the proposed
outdoor advertising sign located on Miami Dade County Folio # 01-0110-090-1070 (the
"Lummus Sign") is "in compliance with all duly adopted local ordinances and has been or
will be issued the necessary perinits." This application was improperly authorized by the
zoning administrator, because there is a pending appeal on the denial of the renewal of
the local govermnent approval for an outdoor advertising sign within 1500 feet of the
Lummus Sign.
On May 22, 2008, the City of Miami gave local goveriunent permission on FDOT
Form 575-070-04 (attached as Exhibit B) to Outlook Media of South Florida LLC
("Outlook") for an outdoor advertising sign located on Miami Dade County Folio 01-
4137-036-0020 (the "CanPartners Sign"). On February 13, 2009, Outlook submitted a
request for the renewal of the local goveinunent permission for the CanPartners Sign, as
well as several other locations previously approved by the City (the "Renewal
Locations"). Outlook submitted a revised request on February 18, 2009 (the "February
18 Request," attached as Exhibit C), to clarify that the Renewal Locations, including, but
not limited to the CanPartners Sign, were requested on behalf of CBS Outdoor, L -1c.
("CBS").
On February 19, 2009, the Zoning Administrator denied the February 18 Request,
and Outlook appealed to the zoning board in accordance with Article 18 of the City
Zoning Code (the "February 24 Appeal," attached as Exhibit D). The February 24
Appeal remains pending as of this date. In accordance with Section 1803 of the City
Zoning Code, "[a]n appeal stays all proceedings in furtherance of the action appealed
Ms. Teresita Fernandez
City of Miami
Clerk of Hearing Boards
May 22 2009
Page 2 of 2
from." Therefore, since Section 926.15.2.1(a) requires that all outdoor advertising signs
shall be spaced a minimum of fifteen hundred (1500) feet from another such advertising
structure on the same side of a limited access highway including expressways facing in
the same direction, no outdoor advertising sign can be approved by the City within 1500
feet of the CanPartners Sign (or any of the other Renewal Locations) while the February
24 Appeal remains pending.
For these reasons, Outlook hereby appeals the May 20 Determination granting
local government permission for the Lummus Sign. The Lummus Sign is not "in
compliance with all duly adopted local ordinances" because it is located within 1500 feet
of the CanPartners Sign, which is the subject of a pending appeal.
f/
Amanda L. Quirke
ALQ:
Enclosure
cc: Santiago D. Echemendia, Esq.
Joe Little
Glenn Smith, Esq.
Harkley Thornton
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-5361112