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HomeMy WebLinkAboutAppeal LetterGreenberg Traurig Lucia A. Dougherty (305) 579-0603 E-Mail: doughertyl@gilaw.com July 26, 2004 VIA HAND DELIVERY Teresita Fernandez, RA, Executive Secretary City of Miami Department of Hearing Boards 444 S.W. 2nd Avenue 7th Floor Miami, Florida 33130 Re: Appeal of Special Exception 2004-0826 — 219 N.W. 12 Avenue Dear Ms. Fernandez: JUL 2t 'O4 FM 2 16 On behalf of the applicant Beta Credit Management, LLC this letter constitutes an appeal. of the decision of the Zoning Board at its hearing held on July 12, 2004 with regards to the above referenced Special Exception. In essence, the Zoning Board deteuilined that a Special Exception was not warranted despite a positive recommendation and analysis given by the Planning Department. In addition, the decision to deny the Special Exception is inconsistent with the language in Article 9, Section 917.7.2 which provides: 917.7.2. Reduction in parking requirements for multifamily residential development when located in Community Revitalization Districts (CRD). Reductions in parking requirements for multifamily residential development may be approved, pursuant to a Special Exception Peintit, when such development is located within a CRD as determined by the planning and zoning department. Such reductions by Special Exception Permit shall not fall below the following minimum requirements and such developments shall not be eligible for variances in conjunction with this reduction: 1. One (1) bedroom and studio units (with or without dens or other such similar spaces): one (1) parking space per unit; 2. Two (2) bedroom units: one (1) parking space per unit; 3. Three (3) or more, bedroom units: two (2) parking spaces per unit. Greenberg T _ ,,' , RA, ( Attorneys 11221 Bncke _ ,venue I Micrni Tel 305,579O5009Fax 3055 9_0 17FY.. Teresita Fernandez, RA, Executive Secretary July 26, 2004 Page 2 Hence, under Article 9, Section 917.7.2 above, one parking space is required for each one and two bedroom unit. The application indicates that there will be a total of 90 residential units. The application also indicates that there will be a mix of only one and two bedroom units. The total required parking under the section above would be equivalent to 90 spaces. Per the application, there are 147 parking spaces provided. Thusly, the application provides for over one and one-half times the amount of required parking to be eligible for a Special Exception Permit. The Zoning Board also erred in denying the Special Exception by failing to provide any substantive competent evidence against the approval of the application. As previously mentioned, no evidence was presented to override the analysis and recommendation provided by the Planning Department. The reduction in parking is necessary to provide the ground floor retail that the City of Miami encourages in order to promote its urban policy. Furthermore, the reduction is consistent with the CRD designation in that the cost of the building must reflect the marketability to the neighborhood. In other words, the increased cost to build the parking will make the project unmarketable for this neighborhood. We respectfully request to appeal the decision of the Zoning Board and be scheduled on the next City Commission agenda. Please contact me when the item is scheduled to be heard at 305-579-0603. Sincere)y, r f Lucia A. t7ougherty vr_er.be P.A.