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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 Re: Appeal the Decision of the Hearing Board, dated July 26, 2004 Item 13. Approximately 1252 S.W. 22nd Street 2004-0828 Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Offstreet parking requirements for bars, to waive 10 of the required 15 parking spaces provided (nonconforming credit, 1 space). Continued from Zoning Board hearing of June 14, 2004. Dear Mrs. Fernandez: 0 c 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. Also, the applicant stated there is 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?, newly re -constructed building) 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 # 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 AUG 04 PM .0 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. 22nd Street 2004-0828 Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Offstreet parking requirements for bars, to waive 10 of the required 15 parking spaces provided (nonconforming credit, 1 space). 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. Also, the applicant stated there is 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?, newly re -constructed building) 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 # 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 ! Appelrmr frNr 122 SW 72 trePt 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. AQ -5 3 August 9, 2004 Department of Hearing Boards Teresita Fernandez, Chief of Hearing Boards 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33130 111,3 I0'04 PH 3:04 Re: Appeal the Decision of the Hearing Board, dated July 26, 2004 Item 13. Approximately 1252 S.W. 22nd Street 2004-0828 Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Offstreet parking requirements for bars, to waive 10 of the required 15 parking spaces provided (nonconforming credit, 1 space). 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), 1 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. Also, the applicant stated there is 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?, newly re -constructed building) 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 # 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 fi � � I2_7 August 9, 2004 Department of Hearing Boards Teresita Fernandez, Chief of Hearing Boards 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33130 AUG 10 ;coil NI 3: 5 Re: Appeal the Decision of the Hearing Board, dated July 26, 2004 Item 13. Approximately 1252 S.W. 22nd Street 2004-0828 Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Offstreet parking requirements for bars, to waive 10 of the required 15 parking spaces provided (nonconforming credit, 1 space). 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), l 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. Also, the applicant stated there is 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?, newly re -constructed building) 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 # 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 brogess ror 1252 •w, PiraSCCOM5ider dt the next meeting to allow th7e ifem tn hg, considered at 7 p. m., we are dealing wi th affected con- stituents that work for a living. i41i1 S. W. 3rd Ave. Miami, eia.e "331‹5 851-0405 ! j /U. Sonia Gibson 3473 S. W. 3rd Ave. Miami, Fla., 331-'15 P-11,# 3-0-859-2210