HomeMy WebLinkAboutAppeal Letter to ZBZoning Hearing Boards Division
Department to Planning, Building and
Zoning
City of Miami
Miami, Florida
September 12, 2003
RE: NOTICE OF APPEAL OF DECISION OF ZONING
ADMINISTRATOR, DATED SEPTEMBER 3, 2003, AND
STAY OF PROCEEDINGS PURSUANT TO ARTICLE 18,
ZONING ORDINANCE, CITY OF MIAMI, FLORIDA
Appellants, The Tower Residences Condo Association, Jeff Stewart, a
resident of the Ritz Carlton Condominium, as well as other residents of the
condominium located at 3400 S.W. 27th Avenue ( the "Residents") hereby
file this their Notice of Appeal and Stay of Proceedings pursuant to Article
18, Zoning Ordinance, City of Miami. Specifically, the Residents appeal the
decision of the Zoning Administrator as embodied in the Class II Special
Permit Zoning Referral, dated September 3, 2003, a true and correct copy of
which is attached hereto (the "Administrator's Decision"). The
Administrator's Decision found that the perms plans for the Tower at Grand
Bay Class II Special Permit No. 2003-00 r ere "in compliance with all
applicable zoning regulations ... pursuant to ... the Zoning Ordinance of
the City of Miami."
The Residents appeal the Administrator's Decision on compliance as
being contrary to the plain language and any reasonable and lawful
application of the terms of the Zoning Ordinance, and request the Zoning
Board to reverse and vacate the decision. The grounds for the Residents'
appeal are contained in their Memorandum of Law, dated June 13, 2003,
Memorandum, dated July 1, 2003, Memorandum, dated August 15, 2003,
2
and Memorandum August 18, 2003, previously filed with the Zoning
Administrator and in the record of the Class II Special Permit No. 2003-
0009, copies of which are submitted herewith. Additional grounds will be
presented before the Zoning Board once the records in the matter of the
appeal have been made available to the Residents as required by Section
1805, "Availability of records," Zoning Ordinance.
Based upon infoiiiiation provided by the Department of Planning,
Building and Zoning on September 11, 2003, the Class II Special Permit
2003-0009 has not been completed and approved by the Director of the
department. Accordingly, pursuant to Section 1803, "Stay of proceedings,"
Zoning Ordinance, this appeal "stays all proceedings in furtherance of the
action appealed from" and no further action on the Class 11 Special Permit is
lawful until this appeal is finally decided.
A copy of the property owners' list previously filed in this proceeding,
is submitted herewith together with the $500.00 filing fee. If required an
updated owner's list and fees associated with notice will be submitted
forthwith as advised by the Department.
Respectfully submitted,
6)147)
Anthony J. O'Donnell, Jr.
Attorney for Appellants
1129 Palermo Avenue
Coral Gables, Florida 33134
(305) 445-5727