HomeMy WebLinkAboutAppeal LetterLOUIS J. TERMINELLO"
E-MAIL: Ijt ®term inel lo.com
NANCY TERMINELLO"
E-MAIL: nancy@terminello.com
ALSO ADMITTED IN:
'NEW YORK
'WASHINGTON, D.C.
"NEW YORK
ELI GUERRIERI
LICENSING ADMINISTRATOR
E-MAIL: eguerrierlOterminello.com
TERMINELLO & TERMINELLO, P.A.
ATTORNEYS AT LAW
2700 S.W. 37 AVENUE
MIAMI, FLORIDA 33133-2728
(305) 444-5002
FAX: (305) 448-5566
General Office E-mail: cttOterminello.com
Websiie: www.terminello.com
Teresita Fernandez, Executive Secretary
City of Miami
Office of Hearing Boards
444 S.W. 2nd Avenue- 7' floor
Miami F1, 33130
PLEASE REPLY TO:
MIAMI
September 23, 2003
IN RE: 2801 Florida avenue
Case No: 2003-0672
Date of Hearing: September 8, 2003
Dear Ms. Fernandez
BROWARD OFFICE
2455 HOLLYWOOD BLVD.
SUITE 116
I-IOLLYWOOD, FL 33020
(954f 929-9600
DANIELLE M. TERMNELLO
LEGAL ASSISTANT
E-MAIL: danielleaterminello.com
KIRSTEN MOEHLENKAMP
LAW CLERK
E-MAIL: kirsten®terminello.com
MICHAEL H. TARKOFF
LITIGATION SUPPORT
E-MAIL: mtarkoffeterminello.com
The undersigned represents F&R Management Corp., d/b/a Quench, before the City of
Miami Zoning Board regarding its application for a Special Exception. As you may also recall,
the Special Exception failed to pass by a tie vote of 4-4. Pursuant to Article 20 of the Code,
please consider this correspondence the applicant's timely request for a review of the denial by
the city commission.
I understand that it is also the City's position that the Zoning Board does not have
jurisdiction to reconsider its denial of the Special Exception sought. I most respectfully disagree
with this position. The City of Miami Zoning Board sits in a quasi judicial capacity and as such,
it possesses the inherent power to reconsider its own ruling before its ruling becomes final or
before an appeal from its original ruling is filed. The applicable municipal code provision found
at Article 20, in Section 2001, clearly states that decisions of the Zoning Board are not deemed
final if a timely appeal/review of the Board's decision to the city commission is made.
Letter to Teresita Fernandez
Page 2.
Therefore, inasmuch as this correspondence timely requests such review, the Zoning
Board ruling of September 8, 2003, is not final. The Zoning Board has the inherent authority to
reconsider its own decision in lieu of the foregoing and we request that this matter be scheduled
before the City of Miami Zoning Board for reconsideration prior to being heard by the City
Commission. Notwithstanding the foregoing, its my understanding that this matter will be
scheduled for hearing before the city commission on October 23, 2003.
Please notify the undersigned of the City's position in this matter and please note a copy
of my attached correspondence to Joel Maxwell regarding this issue.
Very truly yours,
Louis J. Terminello
LJT/mp
CC: Joel Maxwell, Assistant City Attorney
N:\Date_K-Q\QUL NCI1 (ZONING)11.etler to client.wpd