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Home My WebLink AboutTeresita Fernandez lettersEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. MITCHELL A. B IERMAN NINA L. BONlSKE JAMIE ALAN COLE EDWARD G. GLIEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. GILBERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN w.ZELKOWITZ THOMAS J. ANSBRO" LILLIAN ARANGO DE LA HOZ' ALISON 5. BIELER MICHELLE BUCKALEW MITCHELL J. BURNSTESN ELAINE M. COHEN ATTORNEYS AT LAW MIAMI-DADE OFFICE 2665 SOUTH RAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-B54.2323 WWW.WSH-LAW.COM B ROWARD OFFICE 3107 STIRL}NG ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763.4242 • TELECOPIER 954-764-7770 VIA HAND DELIVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2nd Avenue, Seventh Floor Miami, Florida 33130 'OF COUNSEL January 9, 2004 VIVIAN DE LAS CUEVAS•DIAZ STEPHANIE DEUTSCH" JENNIFER A. GOLDBERG DOUGLAS R. GONZALES CHRISTOPHER F. KURTZ HARRIET R. LEWIS" PETER A. LICHTMAN KAREN LUEBERMAN' MATTHEW H. MANDEL BERNARD 5. MANDLER' MICHAEL J. MARRERO ALEXANDER L. PALENZUELA•MAURI MICHAEL 5. POPOK' ANTHONY L. RECIO MARK A. ROTHENBERG SCOTT A. ROBIN GAIL D. SEROTA" JEFFREY P. SHEFFEL MIA M. SINGH JOSE 5. TALAVERA SUSAN L. TREVARTH£N" Re: Variance Fee for Metropolitan Miami Major Use Special Permit Dear Ms. Fernandez: The purpose of this letter is to advise you that the attached fee for the Metropolitan Miami Application for Substantial Modification/Major Use Special Permit is being paid under protest and the applicant hereby reserves all rights to petition and obtain a refund of said fees. The bulk of this fee is comprised of the fee for the variance requested by the MUSP application. The variance has only become necessary due to the City's request for right-of-way dedications at the northern end of the property to accommodate realignment on SE 3rd Street, which request took place after the project was approved pursuant to Resolution No. 02-1249. As the MUSP was approved, the requested right-of-way dedications would cut into the floor plate of the residential building. Consequently, in order to provide the dedication, the entire building must be shifted to the south, thereby required a variance to the setback from the south property line. The southward shift of the building is the only change from the approved MUSP. Section 62-156(a)(3)(c) provides that the fee for a variance is calculated by multiplying the floor area of the building by 0.10. There is no maximum fee. Due to the size of the Ms. Teresita Fernandez January 9, 2004 Page 2 Section 62-156(a)(3)(c) provides that the fee for a variance is calculated by multiplying the floor area of the building by 0.10. There is no maximum fee. Due to the size of the residential building, the variance fee in this case is $54,261. In light of the fact that the variance is only necessary because of the City's insistence on obtaining a • right-of-way dedication from the applicant in order to realign SE 3'd Street, requiring the applicant to pay the fee is highly inequitable. It is a basic tenet of Florida law that fees charged by a public body for licenses or permits must be reasonably related to the actual costs of processing and administering the permit application. In regards to this application, which involves only a southward shift of a previously approved building a total of eight feet, the actual costs of review and processing are minimal, especially in light of the fact that the entire project was already reviewed exhaustively prior to the adoption of Resolution No. 02-1249. Therefore, the $54,261 variance fee required under the City's Code is excessive and unreasonable in violation of Florida law. Accordingly, while the applicant is submitting the fee at this time to begin the processing of the application, it does so under protest. In consideration of the grossly excessive variance fee and the fact that the variance sought here is necessary only because the City is requiring the right-of-way dedication, we ask that you waive the fee at this time or provide the applicant with a refund of the fee as soon as possible. Thank you for your attention to this matter. Please call me if you have any questions. Very trul o Gilberto Past i za GP/tr 372005 cc: Mr. Tim Weller Mr. Joe Arriolla, City Manager Alex Vilarello, Esq. Ana Gelabert, Director of Planning WEISS SEROTA EELFMAN PASTORIZA GUEDES COLE Sc BONISKE, P.A. TO THE ORDER OF MEMO MDM RESIDENCES, LTD. City of Miami Date 01/08/2004 Type Reference Bill 01082004 9090 S.MDMDR�ES ELAID END a ES, LTD. MIAMI, FLORIDA 33156 City of Miami Sixty Thousand Nine Hundred Thirty -Six and 00/100****** Cat} of Miami ********.**** P.O. BOX 31234 Tampa, fI.33631-3234 UNfON PLANTERS BANK 26-8,/840 MUSP - Revised fee calculation lr•OOO1961: 0840D00El1,1: u'966D 298 Union Planters Bank MUSp - Revised fee calculation Original Amt. 60, 936.00 1 /9/2004 Balance Due Discount 60, 936.00 Check Amount 0196. . /9/2004 S "60,936.00 0196 Payment 60,936.00 60, 93 6.00 60,936.00