HomeMy WebLinkAboutAppeal LettersAugust 9, 2004
Department of Hearing Boards
Teresita Fernandez, Chief of Hearing Boards
444 S.W. 2nd Avenue, 7th Floor
Miami, FL 33130
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Re: Appeal the Decision of the Hearing Board, dated July 26, 2004
Item 13. Approximately 1252 S.W. 22nd Street 2004-0827
Special Exception as listed in Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of
District Regulations, to allow a bar. Continued from Zoning Board hearing
Of June 14, 2004.
Dear Mrs. Fernandez:
I am exercising my right to appeal the decision of the Zoning Board. As a
property owner affected (500 feet distance), I am questioning the findings of the
pertinent information from the City Zoning and Planning Board. Questioning the
misinformation presented to the Zoning Board which caused a narrow vote of 5
to 4 in favor of the applicant. The following are my pertinent questions of
confusion presented to the Zoning Board:
1) The Zoning Referral for Public Hearing form is misleading.
The word "Grandfathered" is a generic term and should not have been used,
this term confused all involved. The term abundant parking is an opinion
of the former Zoning Administrator, the Planning Department
recommended this decision without investigating the impact on the resi-
dential area. I have requested this study, Mr. Lavernia has stated that the
recommendation is only based on the former Zoning Administrator.
2) The abundance of Parking Meters at Coral Way, consists of five meters.
These five meters serve two restaurants (open until 9:00 p.m.), bakery,
liquor store (Open until 12:00 a.m.). On weekends the restaurants are
opened on weekends until 11 p.m. The Super Polio across the street is
opened till 11:00 p.m.
3) No posting was ever visible in the neighborhood.
4) Parking on site consist of only three parking spaces, and one handicap.
Where do employees park? Where do the 70 occupants park?
5) City of Miami Offstreet Parking stated no studies had been made, regarding
this serious impact it will cause the neighborhood.
Page Two/ Appeal process for 1252 S.W. 22 Street
6) At the Zoning Hearing, in a sworn testimony on July 26, 2004 the applicant
stated that the Bar is a free standing building and the fact is, it's attached to
another building. A door connects to the Liquor store, making it similar to a
Big Daddy's Lounge. Also, the applicant stated there is a total of 55 metered
parking space available. This Zoning Board decision was based on this
misinformation. The fact is, there are approximately 21 parking shared
( Bar, Liquor Store, two restaurants, Karlo Bakery, a beauty salon and spa,
Law Office, and previous 5-point cleaners now being refurbished for future
use?) parking spaces.
7) Property Owner Applicant fails to show the need of a hardship on this land
for the necessity of a variance. Not a reasonable use of the land. This land
has multiple of other uses.
8) The last Certificate of Use was issued for a Private Club, the Zoning
Referral for Public Hearing form stated it was a Bar.
9) This Special Exception Fails to meet any specific standards to allow a bar.
(Article 13)
10) This proposed bar will have a seating for 70 people in an area of 1500
square feet.
11) No survey presented to determine the proximity of a School.
12) The Zoning Board was misled. Section #1309. Permit Apply to Property
Not Person.
If you grant this special exception or permit the property located at 1252
S.W. 22 Street will ALWAYS BE A BAR. Special permit runs with the
structure or use as it was issued and shall be binding upon heirs and
assigns.
13) Sworn testimony of the applicant property owner that extensive
renovations were done without any permits. City Code Enforcement has
ignored the sworn testimony.
14) The applicant's affidavit points on answer # 3, stated that at the time of
purchase Mr. Steve Martin was operating and continued to operate a
Bar -Lounge known as The Eagle subsequent to our purchase as our
Tenants. The fact Is, it is a Private Club based on the Certificate of Use.
Page Three / Appeal process for 1252 S.W. 22 Street
Please consider at the next meeting to allow this item to be considered at 7 p.m.,
we are dealing with affected constituents that work for a living.
Sincerely,
Teresita Gyori
1718 S.W. 17th Avenue
Miami, FL 33145
Ph. # (305) 496-6227
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August 9, 2004
Department of Hearing Boards
Teresita Fernandez, Chief of Hearing Boards
444 S.W. 2n`t Avenue, 7th Floor
Miami, FL 33130
Re: Appeal the Decision of the Hearing Board, dated July 26, 2004
Item 13. Approximately 1252 S.W. 22dd Street 2004-0827
Special Exception as listed in Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of
District Regulations, to allow a bar. Continued from Zoning Board hearing
Of June 14, 2004.
Dear Mrs. Fernandez:
I am exercising my right to appeal the decision of the Zoning Board. As a
property owner affected (500 feet distance), I am questioning the findings of the
pertinent information from the City Zoning and Planning Board. Questioning the
misinformation presented to the Zoning Board which caused a narrow vote of 5
to 4 in favor of the applicant. The following are my pertinent questions of
confusion presented to the Zoning Board:
1) The Zoning Referral for Public Hearing form is misleading.
The word "Grandfathered" is a generic term and should not have been used,
this term confused ail involved. The term abundant parking is an opinion
of the former Zoning Administrator, the Planning Department
recommended this decision without investigating the impact on the resi-
dential area. I have requested this study, Mr. Lavernia has stated that the
recommendation is only based on the former Zoning Administrator.
2) The abundance of Parking Meters at Coral Way, consists of five meters.
These five meters serve two restaurants (open until 9:00 p.m.), bakery,
liquor store (Open until 12:00 a.m.). On weekends the restaurants are
opened on weekends until 11 p.m. The Super Polio across the street is
opened till 11:00 p.m.
3) No posting was ever visible in the neighborhood.
4) Parking on site consist of only three parking spaces, and one handicap.
Where do employees park? Where do the 70 occupants park?
5) City of Miami Offstreet Parking stated no studies had been made, regarding
this serious impact it will cause the neighborhood.
Page Two/ Appeal process for 1252 S.W, 22 Street
6) At the Zoning Hearing, in a sworn testimony on July 26, 2004 the applicant
stated that the Bar is a free standing building and the fact is, it's attached to
another building. A door connects to the Liquor store, making it similar to a
Big Daddy's Lounge. Also, the applicant stated there is a total of 55 metered
parking space available. This Zoning Board decision was based on this
misinformation, The fact is, there are approximately 21 parking shared
( Bar, Liquor Store, two restaurants, Karlo Bakery, a beauty salon and spa,
Law Office, and previous 5-point cleaners now being refurbished for future
use?) parking spaces.
7) Property Owner Applicant fails to show the need of a hardship on this land
for the necessity of a variance, Not a reasonable use of the land. This land
has multiple of other uses.
8) The last Certificate of Use was issued for a Private Club, the Zoning
Referral for Public Hearing form stated it was a Bar.
9) This Special Exception Fails to meet any specific standards to allow a bar.
(Article 13)
10) This proposed bar will have a seating for 70 people in an area of 1500
square feet.
11) No survey presented to determine the proximity of a School.
12) The Zoning Board was misled. Section #1309. Permit Apply to Property
Not Person.
If you grant this special exception or permit the property located at 1252
S.W. 22 Street will ALWAYS BE A BAR. Special permit runs with the
structure or use as it was issued and shall be binding upon heirs and
assigns.
13) Sworn testimony of the applicant property owner that extensive
renovations were done without any permits. City Code Enforcement has
ignored the sworn testimony.
14) The applicant's affidavit points on answer # 3, stated that at the time of
purchase Mr. Steve Martin was operating and continued to operate a
Bar -Lounge known as The Eagle subsequent to our purchase as our
Tenants. The fact Is, it is a Private Club based on the Certificate of Use.
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August 9, 2004
Department of Hearing Boards
Teresita Fernandez, Chief of Hearing Boards
444 S.W. 2nd Avenue, 7th Floor
Miami, FL 33130
Re: Appeal the Decision of the Hearing Board, dated July 26, 2004
Item 13. Approximately 1252 S.W. 22" a Street 2004-0827
Special Exception as fisted in Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of
District Regulations, to allow a bar. Continued from Zoning Board hearing
Of June 14, 2004.
Dear Mrs. Fernandez:
l am exercising my right to appeal the decision of the Zoning Board. As a
property owner affected (500 feet distance), I am questioning the findings of the
pertinent information from the City Zoning and Planning Board. Questioning the
misinformation presented to the Zoning Board which caused a narrow vote of 5
to 4 in favor of the applicant. The following are my pertinent questions of
confusion presented to the Zoning Board:
1) The Zoning Referral for Public Hearing form is misleading.
The word "Grandfathered" is a generic term and should not have been used,
this term confused all involved. The term abundant parking is an opinion
of the former Zoning Administrator, the Planning Department
recommended this decision without investigating the impact on the resi-
dential area. I have requested this study, Mr. Lavernia has stated that the
recommendation is only based on the former Zoning Administrator.
2) The abundance of Parking Meters at Coral Way, consists of five meters.
These five meters serve two restaurants (open until 9:00 p.m), bakery,
liquor store (Open until 12:00 a.m.). On weekends the restaurants are
opened on weekends until 11 p.m. The Super Polio across the street is
opened till 11:00 p.m.
3) No posting was ever visible in the neighborhood.
4) Parking on site consist of only three parking spaces, and one handicap.
Where do employees park? Where do the 70 occupants park?
5) City of Miami Offstreet Parking stated no studies had been made, regarding
this serious impact it will cause the neighborhood.
Page Two/ Appeal process for 1252 S.W. 22 Street
6) At the Zoning Hearing, in a sworn testimony on July 26, 2004 the applicant
stated that the Bar is a free standing building and the fact is, it's attached to
another building. A door connects to the Liquor store, making it similar to a
Big Daddy's Lounge. Also, the applicant stated there is a total of 55 metered
parking space available. This Zoning Board decision was based on this
misinformation. The fact is, there are approximately 21 parking shared
( Bar, Liquor Store, two restaurants, Karlo Bakery, a beauty salon and spa,
Law Office, and previous 5-point cleaners now being refurbished for future
use?) parking spaces.
7) Property Owner Applicant fails to show the need of a hardship on this land
for the necessity of a variance. Not a reasonable use of the land. This land
has multiple of other uses.
8) The last Certificate of Use was issued for a Private Club, the Zoning
Referral for Public Hearing form stated it was a Bar.
9) This Special Exception Fails to meet any specific standards to allow a bar.
(Article 13)
10) This proposed bar will have a seating for 70 people in an area of 1500
square feet.
11) No survey presented to determine the proximity of a School.
12) The Zoning Board was misled. Section #1309. Permit Apply to Property
Not Person.
If you grant this special exception or permit the property located at 1252
S.W. 22 Street will ALWAYS BE A BAR. Special permit runs with the
structure or use as it was issued and shall be binding upon heirs and
assigns.
13) Sworn testimony of the applicant property owner that extensive
renovations were done without any permits. City Code Enforcement has
ignored the sworn testimony.
14) The applicant's affidavit points on answer # 3, stated that at the time of
purchase Mr. Steve Martin was operating and continued to operate a
Bar -Lounge known as The Eagle subsequent to our purchase as our
Tenants. The fact Is, it is a Private Club based on the Certificate of Use.
Page Three / Appeal process for 1252 S.W. 22 Street
Please consider at the next meeting to allow this item to be considered at 7 p.m.,
we are dealing with affected constituents that work for a living.
Sincerely,
Teresita Gyori
1718 S.W. 17th Avenue
Miami, FL 33145
Ph. # (305) 496-6227
5 /
J
August 9, 2004
Department of Hearing Boards
Teresita Fernandez, Chief of Hearing Boards
444 S.W. 2nd Avenue, 7tn Floor
Miami, FL 33130
AUG 10'0
Re: Appeal the Decision of the Hearing Board, dated July 26, 2004
Item 13. Approximately 1252 S.W. 22nd Street 2004-0827
Special Exception as listed in Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of
District Regulations, to allow a bar. Continued from Zoning Board hearing
Of June 14, 2004.
Dear Mrs. Fernandez:
I am exercising my right to appeal the decision of the Zoning Board. As a
property owner affected (500 feet distance), I am questioning the findings of the
pertinent information from the City Zoning and Planning Board. Questioning the
misinformation presented to the Zoning Board which caused a narrow vote of 5
to 4 in favor of the applicant. The following are my pertinent questions of
confusion presented to the Zoning Board:
1) The Zoning Referral for Public Hearing form is misleading.
The word "Grandfathered" is a generic term and should not have been used,
this term confused all involved. The term abundant parking is an opinion
of the former Zoning Administrator, the Planning Department
recommended this decision without investigating the impact on the resi-
dential area. I have requested this study, Mr. Lavernia has stated that the
recommendation is only based on the former Zoning Administrator.
2) The abundance of Parking Meters at Coral Way, consists of five meters.
These five meters serve two restaurants (open until 9:00 p.m.), bakery,
liquor store (Open until 12:00 a.m.). On weekends the restaurants are
opened on weekends until 11 p.m. The Super Polio across the street is
opened till 11:00 p.m.
3) No posting was ever visible in the neighborhood.
4) Parking on site consist of only three parking spaces, and one handicap.
Where do employees park? Where do the 70 occupants park?
5) City of Miami Offstreet Parking stated no studies had been made, regarding
this serious impact it will cause the neighborhood.
Page Two/ Appeal process for 1252 S.W. 22 Street
6) At the Zoning Hearing, in a sworn testimony on July 26, 2004 the applicant
stated that the Bar is a free standing building and the fact is, it's attached to
another building. A door connects to the Liquor store, making it similar to a
Big Daddy's Lounge. Also, the applicant stated there is a total of 55 metered
parking space available. This Zoning Board decision was based on this
misinformation. The fact is, there are approximately 21 parking shared
( Bar, Liquor Store, two restaurants, Karlo Bakery, a beauty salon and spa,
Law Office, and previous 5-point cleaners now being refurbished for future
use?) parking spaces.
7) Property Owner Applicant fails to show the need of a hardship on this land
for the necessity of a variance. Not a reasonable use of the land. This land
has multiple of other uses.
8) The last Certificate of Use was issued for a Private Club, the Zoning
Referral for Public Hearing form stated it was a Bar.
9) This Special Exception Fails to meet any specific standards to allow a bar.
(Article 13)
10) This proposed bar will have a seating for 70 people in an area of 1500
square feet.
11) No survey presented to determine the proximity of a School.
12) The Zoning Board was misled. Section #1309. Permit Apply to Property
Not Person.
If you grant this special exception or permit the property located at 1252
S.W. 22 Street will ALWAYS BE A BAR. Special permit runs with the
structure or use as it was issued and shall be binding upon heirs and
assigns.
13) Sworn testimony of the applicant property owner that extensive
renovations were done without any permits. City Code Enforcement has
ignored the sworn testimony.
14) The applicant's affidavit points on answer # 3, stated that at the time of
purchase Mr. Steve Martin was operating and continued to operate a
Bar -Lounge known as The Eagle subsequent to our purchase as our
Tenants. The fact Is, it is a Private Club based on the Certificate of Use.
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